Bedfordshire Archives Service Catalogue
  • Reference
    SL1/57
  • Title
    Assignment of 2 terms in trust to attend the inheritance:
  • Date free text
    7 Feb 1844
  • Production date
    From: 1844 To: 1844
  • Scope and Content
    i) Robert Lindsell, Biggleswade, esquire ii) Lady Madelina Fyshe Palmer, East Court, Berkshire, widow iii) Frederick Henley Ongley, Old Warden iv) Henry Scott Turner, Jermyn Street, St.Jame’s, Westminster, Middlesex : by indenture of 12 July 1721 between a) James Oades, Bartlett Buildings, St.Andrew’s, Holborn, Middlesex, gentleman, b) Humphrey Fyshe, Ickwell, Northill, esquire c) John Dimsdale junior, Hertford, gentleman, b) mortgaged to c) certain hereditaments at Northill, and elsewhere in Bedfordshire, for 2000 years, to secure the sum of £2625 and interest. Money was not paid at the time of the indenture but has since been fully paid and satisfied. : by indenture of 10 July 1724 between 1) said John Dimsdale, 2) Stephen Ashby, London, gentleman, 3) Humphrey Fishe and Humphrey Fyshe junior, his son, 4) Sarah, Duchess of Marlborough, Francis, Earl of Godolphin 5) Roger Coningsby, Lincoln’s Inn, Middlesex, esquire. 1) sold and 3) confirmed to Sarah, Duchess of Marlborough, the premises assigned to 1) as before, other than a certain wood called Parkwood and 3 cottages assigned to 5) to hold to Sarah, Duchess of Marlborough for residue of term of 2000 years also 3) mortgaged to 4), amongst other hereditaments, for 500 years to secure repayment of £5000 - pasture lands (40 acres) being then formerly part of Park Wood grubbed up and turned into pasture and the 2 messuages built and erected thereon - pightle of pasture called Dansibowers adjoining to said 40 acres and situated in parish of Warden both late in occupation of William Gilman - other freehold lands etc. of 3) in Bedfordshire (except the wood in Old Warden called Park Wood containing 141 acres and ground and soil thereof) Also 1) assigned to 5) Park Wood for all the residue of the terms then vested in him but nevertheless, upon determination of a trust, upon trust for Humphrey Fyshe junior, to attend the inheritance thereof The money, although long since paid, was not paid accordingly : the inheritance in fee simple became legally vested in Charles Fyshe Palmer, late of East Court, esquire, deceased and by mortgage of 6 April 1821 between Charles and John Williamson, Baldock, Hertfordshire, same premises were devised to John Williamson for 1000 years to secure the repayment of £4000 at 5% interest, which money, though long since paid, was not paid accordingly : by divers other deeds and by SL 1/54 : by indenture of 24 June 1831 between A) Reverend John Allington, Little Barford, clerk, (acting executor of will of said John Williamson, then deceased, dated 21 Jan 1827 and proved in PCC on 26 Jul 1830), B) Reverend James Linton, Hemingford Abbots, Huntingdon, clerk, and John Linton, esquire, a Major in His Majesty’s 6th Regiment of Dragoons, the premises as in the indenture of 6 April 1821 were assigned to B) for residue of term of 1000 years but subject to such right or equity of redemption as said hereditaments were then subject or liable to : by indenture of release and assignment of 5 May 1832 (grounded on a lease for a year) between a) Charles Fyshe Palmer b) John Heaviside , Gower Street, Bedford Square, Middlesex, esquire, c) James Linton and John Linton, Charles George Parker, Springfield Place, Essex, esquire, e) Christopher Comyns Parker, Woodham Mortimer Place, Essex, esquire, The said premises (with others) were conveyed to the use of d) for ever by way of mortgage to secure repayment by a) of £9000 and 4% interest. c) assigned premise as in indenture of 24 June 1831 to e) for residue of said term of 1000 years upon trust for better securing the repayment and subject thereto upon trust to attend inheritance : said Charles Fyshe Palmer made will dated 4 October 1832 and bequeathed whole of property to wife, ii) and to her heirs and assigns to dispose of as she might think proper and wife appointed executrix : by statutory indenture of release being also an indenture of assignment dated 29 September 1842 between I) said Charles George Parker II) Christopher Comyns Parker III) Charles Fyshe Palmer IV) Thomas Wing, Gray’s Inn, Middlesex, gentleman, the hereditaments hereinbefore mentioned as in indenture of 5 May 1832, were in consideration of £9000 to I) paid by III) were conveyed to use of III) for ever, and by said indenture now in recital the premises previously assigned to II) were assigned by him to IV) for residue of term of 1000 years upon trust for III) and to attend inheritance thereof : Charles Fyshe Palmer died in January 1843 leaving Anne Hornsby, Bedford, widow, Susan wife of Thomas Gisborne, Horwick House, Derbyshire, and Thomas Guy Gisborne of – his co-heirs at law and on the 15 of February 1843 the said will was proved by ii) in PCC : ii) has agreed with iii) for the sale to him of hereditaments herein after assigned and inheritance in fee simple thereof, for £8000 and by a statutory release of even date with these presents but executed before [SL 1/56 recited}, now in pursuance of said agreement and in consideration of 10s. to i) paid by iv), i) on nomination of iii) and at request and by by direction of ii) assigns to iv) - such of messuages as described in said indenture of release of even date as are comprised in said terms of 2000 years and 500 years so as aforesaid assigned to i) as in indenture of 1 June 1823 to hold in trust for iii) and in meantime to attend the inheritance [schedule refers to 183 acres 1 rood 14 perches of estate situated in Old Warden comprising Old Warden Wood Farm consisting of small farmhouse etc. and 73 acres 3 roods 14 perches productive arable and pasture land divided into 11 named enclosures. Farm (except for 2 cottages) in occupation of Jesse Masters who is under notice to quit at Michaelmas. Rent £87 per annum. Cottages let toYorke and Wheatley, at rents amounting to £6 per annum. Also Park Wood, otherwise Old Warden Wood in hand containing 109 acres 2 roods situated immediately adjacent and bounded on E. and S. sides by the farm, forming one of the finest preserves for game in the county, is “abundantly stocked with valuable and thriving young Oak Timber and the unusually luxuriant Coppice Wood forms excellent cover for Pheasants”. only outgoing : fee farm rent of £9 17s. 6d] signed i), ii) endorsed witnesses Louisa Cornwallis, junior Charles J. Linsdell
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