SL1/54

Assignment of terms in trust to attend the inheritance:

1 Jun 1823

From: 1823 To: 1823

i) Eliza Gulston, Chelsea, Middlesex, spinster ii) John Heaton, Plas Heaton, Denbigh, esquire iii) Charles Fyshe Palmer, Bedford, esquire John Williamson, Baldock, Hertfordshire, esquire iv) Robert Lindsell, Biggleswade, gentleman whereas: by virtue of a recovery suffered at |Court of Common Pleas in Westminster in Trinity Term 7 William III wherein Robert Raymond, esquire, was demandant, William Dobyns, esquire, and Richard Bentley, clerk, His Majesty’s Library Keeper, were tenants and Humphry Fyshe senior, esquire, was first vouchee and Humphry Fyshe junior, esquire (only son, and heir apparent of Humphry Fyshe senior) was second vouchee : By virtue of a fine duly levied in same court in same term and of a lease and release of 16 and17 May 1695 between a) Humphry Fyshe senior, and wife Catherine, said Humphrye Fyshe junior, Roger Coningsby, esquire, John Pedley, esquire b) William Dobyns, Richard Bentley, esquire, c) Edward, Lord Bishop of Worcester and Ann his only daughter (afterwards wife of said Humphry Fyshe junior, but then Ann Stillingfleet, spinster, ), James Stillingfleet, a son d) Thomas Brown, esquire, James Forrester, esquire, John Dale, clerk, Edward Lord Bishop of Gloucester, Richard Palmer, esquire and Samuel Robinson, esquire (being the conveyance for making a tenant to the precipe in said recovery and declaring the uses of the said recovery and fine and being also the settlement made previous to the marriage of Humphry Fyshe junior and Ann Stillingfleet) the mansion house and lands at Ickwell hereinafter mentioned in indenture of 6 April 1821 were limited (after several uses which have since been determined) to use of Robert Raymond and Samuel Robinson for 1100 years upon trusts therein mentioned (which have long since been performed and discharged) with remainder to Humphry Fyshe junior, in tail general. Remainder to use of Humphry Fyshe senior, and by same recovery a wood situated in Old Warden and also comprised in indenture of 6 Apr 1821 were limited (among other uses which since determined) to use of Humphry Fyshe junior, with remainder to use of sons by wife Ann successively : By indenture of 12 Jul 1721 between I) James Oades, gentleman (in whom hereditaments comprised in term of 1100 years were then vested for residue of said term) II) Humphry Fyshe junior (who was then seized in fee simple of hereditaments comprised in said term of 1100 years) III) John Dinsdale, gentleman. For considerations therein mentioned the hereditaments comprised in said term of 1100 years were assigned by I) and II) to III) for residue of said term of 1100 years and certain other hereditaments therein mentioned and all other freehold hereditaments of II) in Bedfordshire were demised by II) to III) for 2000 years for securing £2500 with interest which has long since been paid : indenture of 10 Jul 1724 between A) John Dinsdale B) Stephen Ashby C) Humphrey Fyshe junior and Humphrey Fyshe younger, his only son and heir apparent (grandson of first named Humphrey Fyshe) and who was then seized in fee simple of hereditaments respectively comprised in said several terms of 1100 and 2000 years D) Sarah, Duchess of Marlborough and Francis Earl of Goldolphin E) Roger Coningsby, esquire. For considerations therein mentioned hereditaments comprised in said several terms of 1100 and 2000 years (except Park Wood containing 140 acres and 3 cottages were assigned by A) and confirmed by C) to Sarah, Duchess of Marlborough, for the residue of said terms and by same indenture said messuage or farmhouse at Old Warden hereinafter mentioned and part of old enclosures containing about 40 acres and certain other hereditaments and all other freehold messuages of C) in Bedfordshire (except Park Wood etc.) were demised by C) to D) for 500 years by way of mortgage for securing £5000 and interest which was afterwards paid and by same indenture Park Wood then contained 140 acres but about 30 acres of which have since been grubbed up and added to said farm at Old Warden aforesaid and said 3 cottages were assigned by A) to E) for residue of several terms then subsisting (said terms of 2000 years and a term of 100 years since determined) in trust to secure yearly rent of £100 to Humphrey Fyshe junior, during his life and subject thereto in trust to attend inheritance of the premises of or to which said Humphrey Fyshe, grandson, was entitled : Humphrey Fyshe, grandson, died in 1728 having made last will of 19 Aug 1724 whereby he devised all his real estate in Bedfordshire to father, Humphrey Fyshe, for life but without having made any disposition of reversion thereof which upon his decease descended upon his eldest brother Henry Fyshe Palmer (second son of Humphrey Fyshe by wife Ann) : by lease and release of 9 and 10 Jul 1735 between 1) Henry Fyshe Palmer, Roger Conningsby 2) George Fothergill, esquire, Robert Meese, gentleman 3) Ann Colmore, widow 4) said Humphrey Fyshe. In consideration of £5000 paid to Henry by 2) said mansion house etc. at Ickwell and Park Wood and farmhouse etc. at Old Warden were, with other hereditaments, conveyed by Henry to 2) upon trusts. With proviso that if £5200 at times therein mentioned, is paid by 1) to 2) then uses limited to 2) should be void. After payment thereof premises should be and stand limited to intent that 4) might receive rent charge of £100 per annum for life, and subject thereto to use of 1) for ever. 2) also declared that their names were made use of upon trusts for benefit of 3) and her children declared in indenture of 3 Aug 1732 : indenture of 10 Jul 1735 between i) Sarah, Duchess of Marlborough and Francis Earl of Godolphin ii) Roger Conningsby and Humphrey Fyshe junior, and Henry Fyshe Palmer iii) George Fothergill and Robert Meese iv) Ann Colmore v) Edmund Colmore, Doctor of Laws and John Heaton, esquire. The hereditaments comprised in the terms of 1100 and 2000 years as were by indenture of 10 Jul 1724 assigned to i) (except moiety of Rectory of Southill and tithe and glebe thereof) were assigned by i) to Edmund Colmore for remainder of such terms as she had therein upon trusts. And same hereditaments comprised in said term of 500 years were assigned by i) to v) for residue of same term upon like trusts. Park Wood with 3 cottages was assigned by Roger Conningsby to v) for such estate term and interest as he, Roger, had therein, also upon like trusts. It was declared, also, that said terms assigned to v) were vested in them upon trust as to certain premises in Broom according to limitations contained in release of even date : Humphrey Fyshe junior, died previous to 1756 : Robert Meese died in lifetime of George Fothergill and George Fothergill died previous to 1756 intestate as to his trust estates leaving Thomas Fothergill, his nephew and heir at law : by lease and release of 6 and 7 Feb 1756 between a) Thomas Fothergill b) Charles Colmore, esquire, (only children then living of said Ann Colmore) c) said Ann Colmore, the hereditaments mentioned in lease and release of 9 and 10 Jul which conveyed to use of George Fothergill and Robert Meese, were conveyed by a) and b) to use of c) subject to the equity of redemption. b) also conveyed his interest in £5000 and interest thereby secured on the premises thereby conveyed to c) : by lease and release of 18 and 19 Feb 1756 between Ann Colmore, on one part and Henry Fyshe Palmer on the other. In consideration of £5000 paid to Ann in discharge of all monies then due to her, by Henry the premises (as before) were conveyed to use of Henry by Ann :Henry Fyshe Palmer made his will dated 30 Sep 1782 ..all property in Bedfordshire and Middlesex and elsewhere (except Berkshire and Wiltshire estates) and all personal estate to John Heaviside, surgeon, and to his own sons, Charles Fyshe Palmer (father of iii) )party hereto, Jeremiah Fyshe Palmer and John Fyshe Palmer upon trust by sale or mortgage to pay his debts and several legacies thereby bequeathed and subject thereto, on trust to permit wife to receive rents for her life and after her death upon trust to sell or dispose of so much of real estate (except estates in Wiltshire and Berkshire) as remain unsold in such manner as they think proper and to pay monies arising from such sale and residue of personal estate to children Jeremy, John Edward, Thomas and Elizabeth equally. Will proved (P.C.C.) on 28 Mar 1785 recites : will of Elizabeth Fyshe Palmer [as in SL 1/52 and 53] : will of Jeremy Fyshe Palmer [as in SL 1/52 and 53] : will of Thomas Fyshe Palmer [as in SL 1/52 and 53] : SL 1/52 and 53 whereas: by lease and release of 20 and 21 Jun1814 between 1) John Fyshe Palmer and II) Edward Fyshe Palmer. In consideration of £2680 paid to I) by II), I) released to II) - mansion house at Ickwell. As to one undivided moiety of said mansion house etc. to I) for life. And as to such moiety of last mentioned premises after decease of I), and as to the other moiety thereof and all and singular other hereditaments thereby conveyed immediately after execution of indenture now in recital, to use of II) : John Fyshe Palmer died in 1814 and Edward Fyshe Palmer died in 1818 without having been married and intestate and leaving nephew said Charles Fyshe Palmer his heir at law to whom letters of administration of goods etc. of Edward Fyshe Palmer have been granted by P.C.C. : indenture of 6 Apr between Charles Fyshe Palmer and John Williamson. For a consideration of £4000 paid to Charles by John - mansion house - close adjoining called Home Close - pasture adjoining mansion called Great Moat Close total 11 acres 2 roods 10 perches situated in Ickwell being part of hereditaments comprised in terms of 1100 years, 2000 years and 500 years - Park Wood and ground and soil (109 acres) at Old Warden, being part of hereditaments comprised in term of 2000 years - farmhouse with homestall and old enclosures (72 acres) formerly part of said wood situated in Old Warden which messuage and about 40 acres land having been grubbed out and cultivated prior to 1724 are part of hereditaments comprised in terms of 2000 years and 500 years and residue of which lands having formed part of Park Wood in 1724 and been grubbed up and added to said farm are part of hereditaments comprised in term of 2000 years all which mansion house, wood etc. are now in occupation of Charles Fishe Palmer and are now granted and demised by Charles Fishe Palmer to John Williamson for 1000 years subject to proviso for redemption of premises, comprised in the indenture of demise, by said Charles Fishe Palmer by payment of £4000 with interest at 5% on 11 Oct next following :said Edmund Colmore (to whom premises comprised in terms of 1100 years and 2000 years were by the secondly recited indenture of 10 Jul 1735 assigned for residue of such terms and to whom jointly with said John Heaton the said premises comprised in term of 500 years were by same indenture assigned for residue of such term as hereinafter is mentioned) died in lifetime of said John Heaton having made his will dated 21 Mar 1785 in which he appointed brother Thomas Colmore, esquire, and Charles Colmore, esquire, executors but without having specifically bequeathed trust estates. Will proved by Charles Colmore, surviving executor in PCC on 22 Jan 1761 : Charles Colmore died Feb 1795 having made will dated 12 May 1794 and appointed wife Mary Colmore sole executrix who proved same in PCC on 27 Feb 1795 and said Mary died in Aug 1798 having made will dated 17 Oct 1795 and appointed her son Lionel Colmore sole executor who proved same in PCC on 20 Aug 1798 and said Lionel died in Apr 1807 having made a will dated 8 Jan 1807 and thereof appointed said Eliza Gulston sole executrix who proved same in PCC on 15 Apr 1807 : said John Heaton died in Dec 1779 having made a will dated --- and thereof appointed son Richard Heaton and Lazarus Venables executors but without having specifically bequeathed his trust estate and said will was proved in PCC on 20 Dec 1779 :said Richard Heaton died in lifetime of Lazarus Venables and said Lazarus died in 1814 having made will dated --- and thereof appointed wife Elizabeth Venable and brother George Venables executors and said Elizabeth alone proved same in PCC : said Elizabeth Venables died in Feb 1820 leaving George Venables her surviving who had since renounced the probate of will of Lazarus Venables : Letters of Administration to effects of John Heaton, deceased, left unadministered were on -- day of—last granted by PCC to said John Heaton, party hereto : has been agreed that said several terms of 1100 years, 200 years and 500 years in of such premises comprised in indenture of 6 Apr 1821 shall be assigned on trusts hereinafter mentioned now, therefore, in consideration of 10s to i) and ii) paid by iv), i) and ii) by direction of Charles Fishe Palmer and upon nomination of John Williamson, have bargained and sold to iv) - said mansion house, gardens etc. at Ickwell - Park Wood, farmhouse and old enclosures etc. at Old Warden, comprised in indenture of 10 Jul 1735 assigned to Edmund Colmore and to him and said John Heaton for residue of several terms of 1100, 2000 and 500 years to iv) in trust for John Williamson and from time to time to dispose of the same subject to equity of redemption as to premises comprised in indenture of 6 April 1821 as subject or liable to in payment to said John Williamson of said sums of £4000 and interest and after payment thereof then in trust to Charles Fishe Palmer upon trust to attend the inheritance to which said John Williamson is entitled by virtue of indenture of 6 Apr 1821 and so as to be subservient thereto and to protect same from mesne encumbrances signatures i), ii), iii) endorsed witnesses George Cox John Martin Frances Lindsell Robert FitzJohn John Powell Foulkes Thomas Evans

item

Gulston, Eliza,
Heaton, John,
Palmer, Charles Fyshe,
Williamson, John,
Lindsell, Robert,
Raymond, Robert,
Dobyns, William,
Bentley, Richard,
Fyshe, Humphrey,
Fyshe, Catherine,
Coningsby, Roger,
Pedley, John,
Fyshe, Ann,
Stillingfleet, Ann,
Stillingfleet, James,
Stillingfleet, Edward,
Brown, Thomas,
Forrester, James,
Dale, John,
Palmer, Richard,
Robinson, Samuel,
Oades, James,
Dinsdale, John,
Ashby, Stephen,
Marlborough, Sarah, Duchess of,
Godolphin, Francis, 2nd Earl,
Palmer, Henry Fyshe,
Fothergill, George,
Meese, Robert,
Colmore, Ann,
Colmore, Edmund,
Heaton, John,
Fothergill, Thomas,
Colmore, Charles,
Heaviside, John,
Palmer, Charles Fyshe,
Palmer, Jeremiah Fyshe,
Palmer, John Fyshe,
Palmer, Edward Fyshe,
Palmer, Thomas Fyshe,
Palmer, Elizabeth Fyshe,
Palmer, Jeremy Fyshe,
Williamson, John,
Colmore, Thomas,
Colmore, Charles,
Colmore, Mary,
Colmore, Lionel,
Gulston, Eliza,
Heaton, Richard,
Venables, Lazarus,
Venables, Elizabeth,
Venables, George,
Cox, George,
Martin, John,
Lindsell, Frances,
Fitzjohn, Robert,
Foulkes, John Powell,
Evans, Thomas

DEEDS, Chelsea, Denbigh, BEDFORD, Baldock, BIGGLESWADE, Worcester, Gloucester, Court of Common Pleas, library keeper, Bishop of Worcester, Bishop of Gloucester, Ickwell, Ickwell Manor, woods, Old Warden, OLD WARDEN, Old Warden farms, mortgages, cottages, Doctor of Law, SOUTHILL, rectories, wills, BEDFORDSHIRE, Middlesex, Berkshire, Wiltshire, DEATH