Bedfordshire Archives Service Catalogue
  • Reference
    SL1/45
  • Title
    Lease and release of legal estate (endorsed with further release):
  • Date free text
    17 & 18 Apr 1837, 17 Aug 1837
  • Production date
    From: 1837 To: 1837
  • Scope and Content
    i) Sydenham Malthus, Albury, Surrey, esquire (nephew and heir at law of Ann Catherine Lucy Godschall who was the widow and devisee in fee of all the trust estates which were formerly vested in her late husband the Reverend Samuel Man Godschall, late of Weston House, Surrey, clerk, only brother and heir at law of William John Man Godschall, late of Weston House etc., esquire, deceased, who was eldest son and heir at law of Sarah Godschall, late wife of William Man Godschall formerly of Weston House etc. esquire, both deceased, and which Sarah was only child and heir at law of Nicholas Godschall, heretofore of London, merchant, who was surviving devisee in trust named in will of Sir Samuel Ongley, knight, deceased) ii) Lord Ongley recites: will of Sir Samuel Ongley (SL1/1) whereas: Sir Samuel Ongley died shortly after making his will : Samuel Ongley, John Henley and Samuel Henley all died many years ago without issue by means whereof the said Robert Henley the son became seized of said manors as tenant for life in possession. In compliance with provisions of said will the said Robert Henley took upon himself the name of Ongley in addition to that of Henley and was afterwards created Baron Ongley of Old Warden, in the peerage of Ireland and died leaving Robert Henley Ongley who thereupon became Robert 2nd Lord Ongley, his eldest son and who became entitled by said will to premises as tenant in tail male in possession recites: SL 1/2 and 3 : SL 1/4 and 5 and one other recovery (not here) : SL 1/21 and 22 : SL 1/29 : said testator Robert, Lord Ongley, died in 1814 without having revoked or altered his will except by a subsequent will attested by 2 witnesses only, leaving ii) his eldest son surviving him : SL 1/30 : indenture of 12 Aug 1824 of which SL 1/31 is counterpart : SL 1/32 and 33 : SL 1/34 : upon the enclosure of the several parishes concerned, various allotments were awarded in lieu of tithes etc. and some property exchanged : doubt has been entertained whether presuming legal estate and interest in said manors etc. so devised by Sir Samuel Ongley to have been so vested in Samuel Man Godschall passed or was conveyed by SL 1/21 and 22 : said Samuel Man Godschall by will of 27 Aug 1819 gave all his property, personal and trust estates to his wife Ann Catherine Lucy Godschall : will proved by wife in PCC : Ann Catherine Lucy Godschall has since died without making any devise of the legal trust estates and leaving i) her nephew and heir at law her surviving, and in order to remove doubt, ii) requested i) to execute such releases as hereinafter is contained now, in consideration of the premises, i) releases to ii) - all such allotments as awarded in lieu of tithes, manorial rights etc. as comprised in SL1/32 and 33 and all exchanged property and all property which under will of Sir Samuel Ongley have become vested in i), and all appurtenances to hold to ii) and his heirs, in the first place to corroborate or confirm said annual sum of £1200 etc. and said term of 200 years thereby created and subject as aforesaid as to all hereditaments hereby released, to use of ii) for ever signed i) 17 and 18 Apr 1837 endorsed witness Mary Malthus endorsed with: Release i) Samuel Malthus, esquire ii) Lord Ongley whereas: by lease and release of 14 and 15 Aug 1783 between a) Robert Henley Ongley, then Lord Ongley b) John Clementson, St.Margarets, Westminster, Middlesex, esquire, and William Mann, Middle Temple, London, gentleman, in which a) released to b) - messuage or tenement with appurtenants in Pulloxhilll - 2 closes pasture adjoining (3 acres) called the homestall - 44 acres pasture then lately divided into 2 and being part of Kitchen Field, Pulloxhill, with a barn of 3 bays adjoining to Kitchenend - 3 acres arable in Mill Field - messuage and 18 acres in parishes Pulloxhill and Silsoe i.e. a messuage and 4 closes pasture adjoining (13 acres) in occupation of William Carter situate in Pulloxhill, and one piece arable in a common field in parishes of Pulloxhill and Silsoe (3 acres), and 2 acres in same common field, one acre thereof lay upon the Hill and Shot, north upon Silsoe and the other being 2 half acres lay upon the same hill all which were late in occupation of Thomas Philips and John Abbot and were free from tithes except last mentioned acre in Silsoe - close pasture in Pulloxhill (4 acres) called Catsbrook, formerly in occupation of Richard Gudgeon - tithes upon said close and all other the aforesaid premises - 2 closes of arable and pasture formerly one close called part of Kitchen field (14 acres) in Pulloxhill all which said messuages or tenements, closes were in tenure or occupation of William Gudgeon in parishes Pulloxhill and Silsoe to hold to b) upon such trusts, purposes etc. as were declared by said within recited will of Sir Samuel Ongley and the wills of Samuel Ongley and Ann Ongley in the now reciting indenture referred to or for concerning the hereditaments in Kent sold or conveyed to James Whatman, or such or so many as were then subsisting and capable of taking effect : is apprehended that the legal estate in said hereditaments is now vested in i) as representative of surviving trustee of will of Sir Samuel Ongley and said Robert, Lord Ongley, being entitled to the beneficial estate of inheritance of and in said hereditaments has applied to and requested said i) to execute a release and conveyance of said legal estate in manner hereinafter mentioned now i) releases to ii) - such and so many of the messuages described in said hereinbefore recited indenture and such exchanges etc. alloted under the inclosure signature i) witness George Buckmaster Gibbons 17 Aug 1837
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