Scope and Content
Abstract of Title Number 1 of Thomas Sworder to maltings, public houses and premises situate in the counties of Bedford and Hertford being the following:
- The Maltings, Luton;
- The Clarence Hotel, Luton;
- The Chequers, Luton;
- The Royal Oak, Leagrave;
- The Wheatsheaf, Luton;
- The Cock, Luton;
- The Windsor Castle, Luton;
- The Bell, Luton;
- The Bull, Luton;
- The Chequers, Caddington;
- The Wheel Plough, Luton;
- The Old English Gentleman, Luton;
- The Freeholder, Luton;
- The Half Moon, Pepperstock;
- The Rising Sun, Caddington;
- The Royal Oak, Round Green;
- The Bricklayers Arms, Luton;
- The Rabbit, Luton;
- The Plough, Caddington;
- The Bull, Houghton Regis;
- The Wellington Arms, Luton;
- The Griffin, Luton;
- The Robin Hood, Luton;
- The Blacksmiths Arms, Luton;
- The Windmill, Luton;
- The Foresters Arms, Luton;
- The Borough Arms, Dunstable;
- The Red Lion, Kensworth;
- The Green Man, Dunstable;
- The Antelope, Luton;
- The Cross Keys, Luton;
- The Railway Hotel, Houghton Regis;
- The Inkerman Arms, Luton;
abstracted by Sworder & Longmore of Hertford
(I) Conveyance of 31 Jul 1860
continued
Parties:
(i) Edward Burr of Leamington [Warwickshire], esquire and Richard Hatley Crabb of Great Bledlow [Essex], brewer; devisees in trust under will of Frederick Burr, late of Luton, esquire, deceased [eldest son and heir at law of William Burr, late of Luton, brewer, deceased and heir at law of Jonathan Burr, deceased who died intestate and unmarried and was younger brother of William Burr, William Burr's other younger brother, of whom he was heir at law, being Soloman Burr, deceased, who died intestate and without issue);
(ii) Elizabeth Burr of Luton, widow of William Burr;
(iii) Thomas Sworder of Luton, brewer;
(iv) Thomas Sworder of Hertford, gentleman
RECITING:
(1) Thomas Godfrey Burr, formerly of Luton, deceased, died seized of brewery, public houses etc. being (a)-(c) below, and in his will of 22 Feb 1785, amongst other things, devised them to his wife, Mary Burr for her life, remainder to their children as tenants in common
(2) Thomas Godfrey Burr later purchased (d)-(e) but did not republish his will
(3) Thomas Godfrey Burr died on 1 Jan 1798, his will being proved in PCC
(4) Thomas Godfrey Burr was survived by five children, William, the eldest and heir at law, Thomas, Jonathan, Soloman and Mary
(5) Mary Burr, widow of Thomas Godfrey Burr died intestate in Apr 1810 seized of Black Swan, Luton, which passed to her eldest son William as heir at law
(6) William and Soloman Burr between 1801 and 1808 purchased (g)-(j) as tenants in common
(7) lease and release of 19 & 20 Nov 1811 [not executed by Jonathan Burr] in which William, Jonathan, Thomas, Soloman and Mary (the daughter) Burr conveyed (a)-(d) to John Crabb in trust for William and Soloman Burr as tenants in common
(8) William and Soloman Burr between 1811 and 1825 purchased (k)-(n) as tenants in common
(9) Soloman Burr died intestate in Jun 1825 without issue leaving William as his heir at law
(10) will of William Burr of 3 Oct 1826 in which, amongst other things, he devised his real estate to his wife Elizabeth Burr, his brother Thomas Burr, his brother-in-law Henry Crabb and Rev.James Horseman in trust to raise from the real estate: an annuity of £400 for his wife Elizabeth; legacies of £2,000 for each of his daughters when they became 21 or married, whichever came first; further legacies of £2,000 to his daughters on the death of his wife; legacies of £4,000 to his sons, except the two eldest who would be entitled to the testator's business when they reached 21; provision for annual sums of £120 to be raised and use for maintenance of the children until their respective legacies were paid; the two eldest sons, when the younger reached 21, should be conveyed all real estate and the business in trust, save for a messuage recently bought from Joseph Brown (if his wife were still living)
(11) appointment and feoffment of 24 May 1828 in which William Burr purchased (o) from John Simons and George Hooper etc. subject to mortgage vested in George Hooper, which was paid off by the executors of William Burr after his death by lease and release of 29 & 30 Jun 1830
(12) death of William Burr on 3 Dec 1828 and will and codicil (regarding appointment of new trustees, which had never been enacted) were proved in PCC on 25 Aug 1829
(13) deed poll of 1 Sep 1829 in which Henry Crabb and James Horseman renounced trusteeship of William Burr's will
(14) William Burr left the following children: Frederick, his eldest son and heir at law; Charles, his second son; Edward; Arthur; Helen, wife of Rev.Thomas Sikes; Emily, wife of William Senhouse Gaitskell
(15) Arthur Burr died under age of 21, his 4,000 legacy lapsing
(16) £2,000 legacy paid to Emily Gaitskell on her marriage on 29 Sep 1830
(17) £2,000 legacy paid to Helen Sikes on her marriage on 1 Feb 1831
(18) Jonathan Burr died intestate and unmarried in Sep 1831, leaving his eldest nephew, Frederick Burr as his heir at law
(19) Frederick Burr became 21 on 6 Mar 1832
(20) lease and release of 28 & 29 Aug 1832 in which one fifth part of (a)-(c) and a moiety of (h)-(o) (which did not pass by (7) above as Jonathan Burr did not execute the transaction due to infirmity) were sold by Frederick Burr to Elizabeth Burr and Thomas Burr upon tursts to perform the will of William Burr
(21) mortgage of 29 Sep 1832 in which Elizabeth and Thomas Burr borrowed £4,000 at 4.5% interest (to enact the will of William Burr) from Thomas Sikes on security of, amongst other things, (o)
(22) Thomas Burr died on 13 Jul 1835, his will of 28 Jun 1835 appointing his sister Mary Burr, Rev.James Horseman and James Ewbank his executors; the will being proved in PCC on 2 Dec 1835
(23) Charles Burr became 21 on 24 Mar 1837 and he and Frederick Burr became entitled to conveyance of all real estate of William Burr, including that of Jonathan and Soloman Burr subject to charges created by the will of William Burr
(24) lease and release of 28 & 29 Mar 1837 between (1) Elizabeth Burr; (2) Thoams Sikes and Helen his wife and William Senhouse Gaitskell and Emily his wife; (3) Elizabeth Burr (as administratrix of Arthur Burr); (4) Mary Burr, spinster; (5) Mary Burr and James Horseman (as executrix and executor of will of Thomas Burr): (6) Frederick Burr and Charles Burr; (7) Thomas Sikes and William Senhouse Gaitskell; (8) James Ewbank; in which Elizabeth Burr released (a)-(t) to (8) (excluding a mansion house and subject to trusts in will of William Burr - payment to Edward Burr of £1,551/13/4; payment of annuity of £400 to Elizabeth Burr); to use of (7) for 500 years without impeachment of waste with remainder (to better secure bequests under will of William Burr including the additional legacies of £2,000 each to Helen Sikes and Emily Gaitskell on death of Elizabeth Burr and 4,000 legacy to Edward Burr, on satisfaction of all of which the 500 year term should cease); to use of (6) as tenants in common
(25) Edward Burr became 21 on 17 Apr 1840 and by deed poll of 25 Mar 1841 released and discharged estates of Frederick and Charles Burr from payment of 1,551/13/4 and 4,000 and released their estates by deed poll of 25 Sep 1841
(26) Frederick and Charles Burr by indentures of 2 & 3 Jun 1837, 13 & 14Jun 1837, 1 & 2 Sep 1837, 2 & 3 Jan 1839 and 18 & 19 Jun 1840 purchased (p)-(t) as tenants in common
(27) lease and release by way of mortgage of 12 & 13 Jan 1841 in which Frederick and Charles Burr borrowed 3,200 from Smyth Churchill on security of (p)-(u)
(28) by indentures of 25 Oct 1842 and 27 Nov 1845 Frederick and Charles Burr purchased (v)
(29) indenture of 25 Nov 1850 ending the partnership of Frederick and Charles Burr as from 29 Sep 1850, RECITING that all premises were held as business stock and that (a)-(f) were subject to £400 annuity to their mother and to two legacies payable to their sisters Helen Sikes and Emily Gaitskell and that (p)-(u) were subject to mortgage for £3,200 payable to executors of Smyth Churchill and that (o) was subject to mortgage of £4,000 payable to Thomas Sikes; OPERATIVE PART Frederick Burr bought out Charles Burr for £10,000 (£4,400 cash and £5,600 being Charles Burr's share in paying the recited annuity and mortgages, hereafter to be paid by Frederick Burr alone)
(30) Frederick Burr purchased (w)-(ac)
(31) reconveyance (except a premises at Hemel Hempstead) of 1 Dec 1851 from Thomas Sikes to Frederick Burr to use of Thomas Sikes and William Senhouse Gaitskell (for term of years as in (24) to use of Frederick Burr, to use of Alfred Ashley Gaitskell in trust for Frederick Burr to use of Frederick Burr on redemption of mortgage at (21)
(32) demise for 1,000 years of 20 Mar 1851 from Frederick Burr, with privity of Thomas Sikes and William Senhouse Gaitskell, to John Sykes and Smyth Churchill of various properties in trust: to permit Frederick Burr to receive the profits of the premises until default in the payment of the £400 annuity to Elizabeth Burr and 2,000 legacies to Helen Sikes and Emily Gaitskell; after any such default in trust to protect the other properties of Frederick Burr against any claim
(33) marriage settlement of 31 Jan 1854 between (1) Frederick Burr; (2) Charlotte Phillips of Sandon [Essex], spinster; (3) George Phillips of Landon, clerk and Edward Burr in which (1) was to marry (2) and granted her an annuity, after his death, of £250 secured on (n), (o) and (ab) which were conveyed to (3) in trust
(34) Frederick Burr married Charlotte Phillips on 1 Feb 1854 and she was still living in 1860
(35) will of 16 Aug 1856 of Frederick Burr in which, after devising his Luton mansion house, he devised the remainder of his real estate to his brother Edward Burr and Richard Hatley Crabb in trust for sale
(36) death of Frederick Burr on 7 Oct 1856 and his will, and codicil not affecting the property subject to this deed, was proved in PCC on 6 Dec 1856
(37) indenture of 14 Sep 1857 between (1) Henry Churchill of Great Haywood [Staffordshire], esquire; (2) Joseph Canham formerly of Ramsgate [Kent], MD, then of Sudbury [Suffolk], esquire; (3) Edward Burr and Richard Hatley Crabb RECITING: death of Smyth Churchill on 27 Mar 1848; will of 19 Feb 1831 of Smyth Churchill, proved in PCC on 19 Jul 1848, appointing his wife Louisa and Joseph Canham as his executors, which dealt solely with personal estate, not mentioning estates vested in him as mortgagee, his son Henry Churchill being his heir at law; OPERATIVE PART: (3) paid 3,200 to (2) to redeem the mortgage catalogued at (27), (1) reconveying the premises mortgaged to (3)
(38) (iii) had contracted to buy (w)-(ac) and other premises, (iii) having sold some of the property (but not (a)-(al)) since the contract was made, which had already been conveyed to the purchasers by (i)
(39) it had been agreed to convey (a)-(ac) to (iv) rather than (iii)
(40) Elizabeth Burr had agreed to join in the conveyance to release (a)-(al) from payment of her £400 annuity
OPERATIVE PART:
- (iv) paid £6,250 to (i);
- (iv), with (iii) as his surety, borrowed £35,000 by mortgage at 5% interest from (i);
- (iv) paid 10/- to (ii);
- (i) conveyed (a)-(al) to (iv) at request of (iii) and with quitclaim of (ii)
PROPERTY:
(a) brewery, with brewhouse, coolinghouse, malting, counting house, stables, chaisehouses and yards adjoining in Park Street, Luton, late in occupation of Frederick Burr;
(b) Two Brewers (formerly Five Bells) public house with yard and outbuildings in Dunstable Lane (now called Upper George Street), Luton, in occupation of William Sargood, with right of way for William Hampson from street, over yard at NE to Hampson's orchard and pightle on SW side of premises ["now The Clarence Hotel"];
(c) The Chequers public house, Park Street, Luton, in occupation of John Peacock with right of way from street through a passage at N to rear of the premises;
(d) Royal Oak public house, Leagrave, Luton, with garden (formerly Chalk Dell Close) in occupation of David Low;
(e) Wheatsheaf public house with stables and yard, in Church Street, Luton, in occupation of John Booth;
(f) Cock public house, Park Street, Luton, in occupation of William Clark; bounded: E by Park Street; S by two cottages of Edward Burr and Richard Hatley Crabb; N by messuage late of Anthony Sherlock; with right of way for Edward Burr and Richard Hatley Crabb from the two cottages to Park Street through the public house yard and from rear of cottages adjoining end of club room of inn;
(g) Roebuck public house, built by Frederick Burr on part of Bailey Field, being a corner house in Albert Road and Langley Street, Luton, in occupation of Mrs.Wilson;
(h) Bell public house, George Street, Luton, formerly in
continued occupation of Peter Wilson, now of Henry Scarborough, reserving a right of way to Brown and Green and owners of adjoining premises from George Street through public house yard to their premises on SE;
(j) Bull Inn, on corner of Park Street and Cumberland Street, Luton, with yard, stables and outbuildings, late in occupation of Samuel Carter, now of Phoebe Carter;
(k) Chequers, Caddington with barn on opposite side of road, adjoining churchyard and club room, in occupation of Elizabeth Bradshaw, widow;
(l) Wheel Plough public house, Park Street, Luton, in occupation of Thomas Brown; with two cottages nearby with yard, outbuildings and gardens behind and barn between the gardens and Blackwater Lane, all in occupation of George Janes;
(m) Old English Gentleman public house, a corner house bounded S and W by Burr Street and Hitchin Road, Luton, formerly in occupation of Thomas Lawrence, now John Adcock; built by Frederick & Charles Burr on part of Donkey Hall Field;
(n) Freeholder public house, York Street, Luton, in occupation of Thomas Glenister, built by Frederick Burr on part of Donkey Hall Field;
(o) Half Moon Inn public house, Pepperstock, Flamstead [Hertfordshire], with outbuildings, gardens, yards and orchard containing together 1a 0r 6p; several adjoining closes, three being arable and pasture, containing together 7a 1r 10p and three being spinney or woodland containing together 2a 0r 22p; bounded NE by road from Flamstead to Luton, NW by road from Market Street to Luton, other parts by property of Henry Brown; with 0a 3r 15p arable opposite the public house bounded E by property of James Mayes and Baptist Chapel Trustees, N by road from Pepperstock to Luton, SE by road from Market Street to Luton; all formerly in occupation of John Goodwin, now Benjamin Pilgrim; reserving right of use of well for James Mayes from his cottages opposite Half Moon Inn to the well opposite the cottage gardens, paying part of maintenance costs;
(p) Rising Sun beer shop, Caddington, formerly in occupation of John Sear, now of James Coleman;
(q) Royal Oak Public House, Round Green, Stopsley, Luton, in occupation of Edward Parrott, with use of a well in Little Close, paying part of maintenance costs;
(r) Bricklayers Arms, High Street, Donkey Hall, Luton, with yard at rear; with land at back, adjoining yard, used as garden ground and measuring 75ft by 25ft; with right of way from High Street to back on public house; formerly in occupation of Thomas Peck, now of William Shortland, together with use of well in garden of Joseph Gutteridge, paying half the maintenance costs;
(s) Rabbit public house (lately two tenements), Old Bedford Road, Luton in occupation of Matthew Lawrence with use of well with owners and occupiers of adjoining cottages (late owned by Richard Jones and Marquis of Bute), paying part of maintenance costs; rights of way from Old Bedford Road across N side of ground late of Richard Jones and to public house along back and E side of cottages late of Richard Jones to and from cottage and well;
(t) Plough beerhouse, Woodside, Caddington, with well house; with enclosed piece of pasture or orchard, formerly part of Colliers Wood, called The Wick, containing 0a 1r 15p, abutting SE on beerhouse; late in occupation of George Wood, then Thomas Hoar, now [blank];
(u) Bull Inn, corner of Union Street, Houghton Regis, with stable, yard and garden, late in occupation of Charles Roberts, now of George Olney;
(v) Wellington Arms public house, corner of Wellington Street and Stuart Street, Luton, with chaisehouse, stable, workshop over stable, and yard late in occupation of John Abbott, now William Dunkley; right of way for Edward Burr and Richard Hatley Crabb from their cottage (adjoining that of Matthew Wilson) over public house yard to Stuart Street, with same right of way for Matthew Wilson;
(w) Griffin public house, Chapel Street, Luton with yard stables and coachhouse, in occupation of Thomas Puddiphatt;
(x) Robin Hood public house on corner of Albert Road and New Town, Luton, with garden, yard and outbuildings, in occupation of James Mardell;
(y) Heron public house, Park Street, Luton, in occupation of James Parrott; built by Frederick Burr on part of Brown Brick Field;
(z) Windsor Castle public house, Windsor Street, Luton, in occupation of John Keeling;
(aa) Forresters Arms public house with stable, washhouse, shed, yard ground etc. in Windsor Street and Lime Kiln Lane, Luton, late in occupation of Henry Haydon, now of Smith Goold;
(ab) Crown Inn, corner of Albion Road and Edward Street, Dunstable, with outbuildings, in occupation of Henry Lockhart under 10 year lease from 25 Dec 1852;
(ac) piece of land in Kensworth, on N side of road from Kensworth to Market Street, measuring E-W along road 100ft; with Red Lion public house, with outbuildings, erected on part of the land by Frederick Burr, in occupation of John Hanmer
HABENDUM:
- to (iv), to use of (i) subject to proviso for redemption
COVENANT:
- (iv) to ensure (a)-(al) for at least £15,000 with Phoenix Fire Office as long as the mortgage lasted;
- (i) to pay annuity of £250 to Charlotte Burr from mortgage principal and interest;
- (i) to pay £2,000 legacies to Helen Sikes and Emily Gaitskell from mortgage principal and interest
WITNESS:
- Charles Benning of Dunstable, solicitor