• Reference
    LHE51
  • Title
    Abstract of Title of Charles Cholmeley Hale Esq & his Trustees to a farm in parish of Luton called Thrales End
  • Date free text
    1745-1858
  • Production date
    From: 1745 To: 1858
  • Scope and Content
    1) Deed to create Tenant for Precipe in Common Recovery 1) William Hale of Kings Walden, Esq, William Hale Esq (son & heir) 2) Henry Wilmot of Bloomsbury Square, Middlesex Esq 3) Sir Charles Farnaby of Kippington, Kent, Bart., Thomas Nugent Esq., Common Serjeant of City of London 4) Robert Fry of Parish of St Dunstan in the West, Middlesex Gentleman, estates in Herts & Wilts AND Messuage or farmhouse & farm called 'Thrales End', Luton, /169A/ late in tenure of William Roberts & Messuages etc in Edworth, Luton, Dallow, Dunton, Millow, Shillington, Holwell & Standon, Bedfordshire to 1) for life (& subj to Jointure of £500 p a of 1)'s wife Elizabeth entitled by Marriage Settlement 1) William Hale the father 2) Elizabeth, his then wife, nee Farnaby 3) Dame Elizabeth Farnaby, widow 4) Sir Thomas Farnaby, Bart 5) Sir Sydney Stafford Smythe, Knight, 1st Lord Commissioner of the Great Seal of England, 21 Oct 1745, ratified by Deed Poll of William Hale I, 14 May 1755, (marginal note indicates that William Hale got the farm from his uncle Jeremy by will dated 18 Jan 1732 - not clear whether this date of probate or not.) 31 Oct & 1 Nov 1770 2) Common Recovery Robert Fry demandant, Henry Wilmot tenant, William Hale, the father ) William Hale, the son ) vouchees Manor of Edworth & Dallow - 12 messuages 7 dovehouse, 19 gardens, 1350A of land, 165A of meadow, 165A of pasture 20A of wood, 20A of Furze & Heath, Common of pasture, common of Turbary, Free Warren, Courts Leets, Courts Baron Views of Frankpledge (incl waifs, estrays, goods & chattels of felons, & fugitives, of persons outlawed & attainted & Felons of themselves deodants ) etc in Luton, Dallow, Dunton, Miltow, Shitlington /Shillington/, Holwell & Standen /Stonden/ & tithes yearly arising out of 1 messuage, 2 gardens, 160 Acres of land 10A of meadow, 10A of pasture & 5A of wood in Luton & Dallow & Advowson of Church of Edworth Michaelmas 11 George III 3) Marriage Settlement 1) William Hale of King's Walden, Herts, Esq. 2) Wm Hale Esq, eldest son & heir apparent of 1) (marrying party) 3) Hon Mary Grimston, spinster, sister of Rt Hon James Lord Viscount Grimston in Kingdom of Ireland (marrying party) 4) Thomas Nugent, Common Serjeant of City of London, Thomas Estcourt of Shipton Moyle & Dovel, Glous Esq 5) James Lord Viscount Grimston ,Sir Charles Farnaby of Kippington Bart 6) Sir Sidney Stafford Smythe Knight Lord Chief Baron of H.M.'s Court of Exchequer, John Askell Bucknall of Oxley, Herts Esq. 7) Hon William Grimston of Gorhambury, Herts Esq., John Farnaby of Kippington Esq Property above in 1) dated 1 Nov 1770. Consideration:- revoke yearly rent charge of £1000 during joint lives of William Hale father & son & £200 pa due to Ann Morrise during joint lives on estates (left by Will of Poggen Hale deceased) £800 to Mary Grimston for life if survive William Hale & £14,000 to be raised for younger children of William Hale, the father 1 & 2 Ap 1777 above endorsed appt of Trustee - Thomas Hope Byde appt in place of Sydney Stafford Smythe deceased ,27 June 1786. 4) Common Recovery Thomas Whitlard demandant, Edmund Estcourt tenant, William Hale Esq vouchee .Manors of Edworth & Dallow with appurtenances & 12 messuages, 7 dovehouses, 19 gardens, 1350A of land 165A of meadow, 165A of pasture 120A of wood, 20A of furze & heath, common of pasture, common of Turbary, free warren, court leets, courts baron, views of Frankpledge, whatsoever to view of frankpledge doth belong, waifs, estrays, goods & chattels of felons & fugitives of persons outlawed & attainted & felons of themselves deodants in Edworth, Luton, Dallow, Dunton, Millow, Shedlington [Shillington] Holwell & Standon /Stondon/ & Tithes arising out of 1 messuage 2 gardens, 160A of land, 10A of meadow, 10A of pasture, 5A of wood etc in Luton & Dallow AND advowson of Edworth Church, Michaelmas 23 Geo III /1793/. 5) Will of William Hale, the father (died 22 Ap 1829) to wife Hon Mary Hale in addit to £400 pa secured by Marriage Settlement, principal of £2000 & interest on further £5000 principal to their children in proportion as she should direct either by deed or will if no direction, to be div. equally 'your' (younger) son Henry Jeremy Hale £10,500 in satisfaction of lesser provision to which he would be entitled under parents Marriage Settlement on Marriages of daughter Charlotte Bucknall then wife of Cholmeley Dering Esq & Elizabeth Mary then wife of George Proctor Esq (in Will called John Proctor) secured £10,000 (£5000 each) real estate residue to Trustees:- Friends Thomas Hope Byde & William Wilshere subj to payments of legacies, annuities, trusts to wife & younger children To use of elder son William Hale for life with remainder to proper Trustees to preserve contingent remainders - entail male Mr Dering £100 to each of his servants a year's wages John Back £50 residue of personal estate to son William (sole executor) dated 22 Nov 1814. 1st Codicil revokes investment of £5000 in trust for daughter Elizabeth Mary - directs that money should be laid out to purchase £200 Annuity for joint lives of George Proctor (there called John) & Elizabeth, Mary his wife in name of 2 sons & with or without addit Trustees revokes £100 legacy to George, to be used for separate use of daughter till annuity payable 16 Jan 1820, does not quote 2nd Codicil but does the 3rd Codicil. In will directed interest of £5000 be paid to wife out of interest Annuity of £200 to be paid to daughter Elizabeth Proctor during lifetime of her husband George for her sole & separate use 24 June 1823. 4th Codicil doubt in William Hale's mind re Marriage Settlement. His intention was that legacies to Minor children were in discharge of provisions made by Marriage Settlement 15 July 1828, proved P.C.C. 22 July 1829. Marriage for 2nd Time of William Hale to Miss Charlotte Sullivan 6) Trust Settlement by Lease & Release 1) Thomas Hope Byde of Ware Park Herts. Esq 2) William Hale, the son of the above Testator 3) Rt Hon James Walter Earl of Verulam, Rt Hon Thos Lord Dacre 4) John Peacock Byde & John Hawkins recites will of William Hale, the father leaves only William Hale (above), Charlotte Bucknall Dering & Elizabeth Mary Proctor, his only children surviving; Henry Jeremy Hale having died in Testator's lifetime (in Sept 1827) & £10,500 legacy lapsed & became void recites William Hale one son named William, Henry Jeremy Hale left 2 sons Henry & Paggen, Charlotte Bucknall Dering: Heneage William & Osmond, Elizabeth Mary Proctor one son Leonard recites real estate NOT comprised in Marriage Settlement consisted of Manor of Lordship of Edworth, Messuages & farms in Edworth, Advowson, Manor of Dallow, Messuages in Parishes of Luton & Shillington, Beds.Recites Trust Settlement (by Lease & Release (comprising Lease for 1000 years ) 1) William Hale, the Testator, Mortgagor 2) Wyndham Knatchbull Esq, Henry Hoare Esq, William Hale (son of 1), Paggen Hale (son of 1) deceased by 1829. Manor of Edworth except for Advowson for securing Marriage of £10,000 for daughter Charlotte Bucknall Dering's Marriage portion with 6 mths of Hale's death 21 & 22 July 1809 7) recites Trust Settlement (by Demise for 1000 years 1) William Hale, E.M. Hale spinster (marrying party) 2) George Proctor (marrying party) 3) John Proctor, J.H. Waddington Esq, William Hale, Paggen Hale, Edworth property as above. to secure Elizabeth Mary Proctor's £10,000 Marriage portion 6 mths after William Hale's death - untill then to bear interest at 4% one moiety paid half yearly, one moiety remain with principal 12 Sept 1810 recites demise of 14 June 1817 recites William Hale paid £10,000 by demise of 14 June 1817 recites death of William Wilshere property (not listed) incl Messuage & Farm called Thrales End, Luton 7 closes, lands etc /162A/ late in tenue of William Roberts then of _______ remainders manors etc except advowsons /see detailed schedule below to secure £500 annuity for 2) remainder to 2) of whole estate in entail male then to Charles Cholmeley Hale's heirs power of survivor of 1) & 2) to raise £5000 with interest at 5% Mortgage Power of 1) to make a jointure for any after taken wife power by William Hale 2) or C.C. Hale to include in Marriage Settlement not to exceed £800 pa, Jointure power for 2) to raise portions for younger children power of 3 to sell under written instruction of 1) to his death & then 'owner'. EXCEPT Advowson & Manor & Capital Messuage or Mansion House of King's Walden & out house & Parkhouse now occupied by 1) 1st Schedule 3A 0R 4P pt of Thrales Farm, Harpenden, Herts. occupied Thomas Briden, 153A 1R 20P pt of above farm, Luton same occupied 2nd Schedule 1) Annuity of £800 for life of Hon Mrs Hale under Marriage Settlement of 2 Ap 1777 (she died1846 see marginal note 2nd Schedule (Cont'd.) 2) £10,000 Sir Charles Sullivan & Rev Frederick Sullivan Trustees for Charlotte wife of William Hale the elder assignment of 11 May 1835 of 1000 yrs demise of 12 Sept 1810 3) £20,000 Emily Brand Hale appointment of 23 Dec 1824 made by William Hale under powers of appt 31 July 1815 4) £30,000 younger children of William Hale the eldest by his present wife. If 3 OR more. To be reduced to £20,000 if 2 & £10,000 if 1. appt of 24 dec 1824 by William Hale the elder under same settlement 5) Annuity of £1200 for life of Charlotte wife of William Hale, the elder after his decease (see appt above) 6) Annuity of £400 wife of William Hale deceased under his will dated 7 Dec 1829 (see 1) above) 7) Annuity of £200 for joint lives of George & Elizabeth Mary Proctor (will of William Hale 1829) (marginal note Mrs. Proctor died 1850) 8) Sum of £5000 £200 pa out of interest payable to Mrs. Proctor for life, rest to Hon Mrs Hale for life to be divided among Mrs Hale's children as she may appoint (will of William Hale) Subject to deeds of 22 July 1809 & 12 Sept 1810 to use of 3) to use of 4) for 500 years to use of 1) for life Remainder to 3) to preserve contingent remainders to use of William Hale only son of 1) & the heirs male of 1) & as for 4) to pay legacies and annuities out of personal estate of William Hale 6 & 7 Dec 1829 8) Lease & Release to lead to docking of entail 1) William Hale, the elder, of Kings Walden, Herts Esq (as protector of his 1st Marriage Settlement (on marrying Elizabeth Leeson) 31 Jan 1815) 2) William Hale the younger of same Esq 3) John Hawkins (Trustee) recites will of William father of 1) above & 6 & 7 Dec 1829 no money required to be raised on trusts for 500 years recites 1) William Hale the elder had issue 4 children all living in 1840 by Elizabeth his first wife William Hale the younger, bachelor (2) over 21, & E.M.B. Hale, spinster under 21 & by Charlotte his 2nd wife: Charles Cholmeley Hale, Bachelor & Charlotte Elizabeth Hale (both infants) freehold manors, advowsons to which 1) entitled under his Marriage Settlement of 31 Jan 1815 & deed of 7 Dec 1829 1 & 2 Sept 1840 enrolled in Chancery 25 Sept 1840. 9) Trust Settlement 1) William Hale the elder of Kings Walden, Herts. Esq. 2) William Hale the ynger of the same place Esq 3) Thomas Brand of The Hoo, County of Herts Esq., Henry William Sullivan, Captain in H.M. Rifle Brigade (Initial Trustees) 4) Cholmley Dering of Ayott St. Lawrence, Herts. Esq. Rev. Frederick Sullivan of Kimpton, Herts. Clerk (Trustees for preserving contingent none of above sums charged on Thrales End.10 May 1841 10) Will of Mary Hale power to dispose of £13,346.14s.7d. 3% Consolidated Bank Annuities of £5294.2s.2d. like Annuities power under husband William's will to disposed of £5000 among their children £1200 pt of Annuities above EACH to gndchildren William Hale, Emily Mary Brand Saville, wife of Hon & Rev Philip Yorke Saville, Charles Cholmley Hale & Charlotte Elizabeth Hale (4 children of son William) Mary Cecil Hale, Frances Ann Hale, (pencil note Garrett), HenryGrimston Hale, Puggen (sic) Hale, & Gertrude Hale, 5 children of late son Henry Jeremy Hale, Heneage Dering, Osmond Dering, Emily Dering, Frances wife of Rev William Haselwood (4 children of late daughter Charlotte Bucknall Dering, Les Proctar (sic) only child of daughter Elizabeth Mary Proctor, to daughter Elizabeth Mary Proctor £100 sterling pt of £5000 residue to son William Hale (appt executor) dated 30 May 1845, proved 19 Sept 1846 11) Will of William Hale (died 21 Feb 1852) entitled to £13800 charged upon estates in Bedfordshire for which he was Tenant for life & £7400 due on Mortgage of estates of Thomas Sowerby Esq (life interest of Hon Mary Leeson in last) Trustees of Marriage Settlement with present wife £10,000 cancel securities so as to exonerate Real Estate whatever remains of 2 sums after payment of mortgage debts etc be raised for his 2 daughters portions made 7 Oct 1848, proved P.C.C. 24 May 1852 12) Marriage Settlement 1) Charles Cholmeley Hale (marrying party) exercising power of jointure 2) Augusta Mary Fearnley Whittingstall of Langley Bury, Herts, Spinster (marrying party) 3) Hon Thomas Lord Dacre, George Fearnley Whittingstall Esq Captain in HM's 12 Regt of Light Dragoons (brother of 2)(Trustees recites death of William Hale the younger a bachelor, 30 June 1848, death of William Hale the elder 21 Feb 1852, means 1) tenant of life of Manors, estates etc £800 pa to 2) out of manors estates etc. full jointure to bar Dower incl pt of Thrales End Farm, Parish of Harpenden, Herts. occupance of Thomas Brydon 3A0R4P, AND pt of Thrales End Farm, Parish of Luton, Beds. /153A1R20P/ same occupance .14 July 1853. Note of perusal, questions by John Rudall, 4 stone Buildings (22 Sept 1858) & answers a Williamson & Austin for purchasers /incl note 152A0R32P in Luton & 5A0R2P in Harpenden./ Vendors Solicitors Hawkins of Hitchin, received 13 Aug 1858,21 days expire 3 Sept 1858
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