Bedfordshire Archives Service Catalogue
  • Reference
    SL1/141
  • Title
    Lease and Release (being disentailing deed) - attested copies:
  • Date free text
    1836, 1837
  • Production date
    From: 1836 To: 1837
  • Scope and Content
    i) John Harvey, Ickwell Bury, Northill, esquire ( only son and heir at law of John Harvey, late of the same place, esquire, deceased and Susannah his wife – formerly Susannah Gibbard, spinster) ii) Frances Henley Ongley, Sandy, widow, relict and sole executor of Honourable Samuel Henley Ongley, late of Old Warden, deceased, but who survived his co-trustee, Richard Williams, late of Clopton, Stratford-upon-Avon, Warwickshire, esquire, deceased iii) Susannah Harvey, widow and relict of said John Harvey, deceased iv) John Gibbard, Sharnbrook, esquire v) Sarah Harvey, spinster Mary Harvey, spinster, both of Ickwell Bury William Astell, Everton House, esquire (surviving trustee of marriage settlement of Thomas Kington Bayly, Abbots Leigh, Somerset, esquire and wife Elizabeth ( late Elizabeth Harvey, spinster) Thomas Kington Bayly and wife Elizabeth Susannah Harvey (administrator of estate of Susan Harvey, late of Ickwell Bury, spinster said Susannah Harvey, Mary Harvey, Elizabeth Bayly and Susan Harvey being 4 other only children of John Harvey and Susannah Harvey vi) Thomas Iving, Gray’s Inn, Middlesex, gentleman whereas: said John Harvey, deceased, was seized in reversion on death of aunt Elizabeth Harvey, spinster, without issue of 2 1/3 parts in certain property at Stanford and Broom in Southill recites: SL1/122 whereas: marriage took place shortly after deed was made and issue – 5 children : Elizabeth Harvey, the aunt, died February 1807 without having been married and said John Harvey, deceased, then became seized of aforesaid 2 1/3 parts : John Harvey, deceased, made his will on 11 February 1819. Testator confirmed provision for his widow and gave to her (while she continued his widow) further annual sum of £1000 payable from those of his lands not having been sold to pay off legacies etc. Subject thereto all lands devised to son John Harvey. Wife and daughter Susan appointed executors and guardians of infant children : John Harvey died without revoking will which was proved (P.C.C.) on 16 September 1819 by said Susannah Harvey alone : said Richard Williams died in lifetime of Samuel Henley Ongley and said Samuel Henley Ongley died in 1822 having by his will appointed ii) as executrix : Montagu Burgoyne [trustee in SL1/122] died in 1817 leaving John Gibbard his co-trustee him surviving : Susan Harvey attained 21 and afterwards died intestate and said Susannah Harvey, her mother, has since obtained Letters of Administration of her estate from P.C.C. dated 19 June 1820 : portions due to younger children of said John Harvey, deceased, still remain due : Elizabeth Harvey married and is now wife of T.K.Bayly and on occasion of such marriage the share of said Elizabeth in said sum of £6000 was by indenture of 28 June assigned to William Astell and Thomas Kington in trust : Thomas Kington died in 1827 : said Susannah Harvey sold property at Broom and Stanford to Edward Ellis. Bond etc. recited : Susannah Harvey has fully paid and satisfied all debts and legacies under will of said John Harvey, deceased : said Susannah Harvey as surviving testamentary guardian of said John Harvey did, with concurrence of parties entitled under will of Edmund Harvey, deceased, to said 1/3 part, put up for sale by auction on 22 June 1836 the entirety of said hereditaments in 6 several lots : said John Harvey attained 21 on 14 November 1836 and is now desirous to ratify the contracts so entered into, and in order to dock, bar and destroy the estate in said 2/3 parts, execute the present Deed of Disposition to be enrolled in High Court of Chancery. To enable him to convey said 2 1/3 parts he has requested said Susannah Harvey, his mother, to release same from her 2 several annuities, which she being satisfied with residue of lands charged therewith as security is willing and desirous to do but is advised that in so releasing part of the lands she may endanger her remedies for the recovery of her said annuities on the remainder of the hereditaments charged therewith. It has therefore been agreed that she shall enter into covenant with said John Harvey not to distrain on said 2 1/3 parts for her 2 said annuities. And said Sarah Harvey, Mary Harvey, William Anstell (as surviving trustee of said Elizabeth Bayly) and said T.K.Bayly and wife Elizabeth and said Susannah Harvey (as administrator of said deceased daughter Susan Harvey) have, at request of John Harvey, agreed to release said 2 1/3 parts from the payment of said respective portions. Said Frances Henley Ongley (as executor of trustee for term of 1000 years) and said John Gibbard ( as surviving trustee of term of 500 years) have also agreed to join in said conveyance in order to extinguish same terms as far as regards said 2 1/3 parts hereinafter released now i) releases to vi) 2 undivided 1/3 parts in - Cook’s Close (garden ground) (2 acres), Broom, Southill N. Cooks Lane E. Broom Road S. Lord Ongley W. Rectory Lane formerly in occupation of Thomas Dun and William Cannon and now Joseph James - 3 acres 8 perches in Hilledge Field, Broom N. Lord Ongley W. Southill Parish Charity Estate awarded to said Elizabeth Harvey, spinster, at enclosure. Formerly in occupation of Thomas Curte and afterwards of Edward Curte, his son. Formerly known by name of Bancrofts otherwise Close Ends now in occupation of said Joseph James 2 pieces lie together and are known as Cooks Close. Were comprised in lot 3 and purchased by said Edward Ellis in sale of 24 April 1822 - cottage in Broom in occupation of widow Hall - cottage and 2 acres ½ rood (by estimation) but by measurement 2 acres 1 rood 36 perches, meadow at Broom late in occupation of Thomas Dun and William Cannon and now of William and John Chambers - 2 cottages etc. in Stanford in occupations of widow Sabey and John Music - messuage sometime since divided into 2 where John Chambers and Elizabeth Bonfield dwelt, in Stanford. One known as “Old Crown” in occupation of George Basterfield and other in occupation of widow Crawley - close pasture containing, by estimation, 3 acres but by admeasurement 3 acres 2 roods 25 perches adjoining said messuage in Stanford in occupation of said George Basterfield - all outhouses, common rights and reversions etc. to use of i) for ever in pursuance of said agreement on part of Susannah Harvey she agrees with i) that she will at no time exercise her power of distress and entry or prefer any demand for dower upon said 2 1/3 parts but will confine herself to the other lands charged therewith for the recovery thereof if same fall into arrears also to more effectually enable i) to sell the 2 1/3 parts free from encumbrances v) releases to i) such parts of said portions provided for the other children of John Harvey as now remain unpaid, all arrears due and all actions, claims etc. but not so as to prejudice their rights for recovery of their said shares out of other hereditaments chargeable therewith also ii) and iv) have surrendered said 2 1/3 parts and all terms of years etc. out of them to i) for remainder of 2 several terms of years to intent that same terms may merge and become extinguished in the freehold reversion and inheritance freed from trusts etc. in marriage settlement in case such merger etc. cannot take place then is to attend the inheritance etc. copy signatures ii) to vi) 2 and 3 December 1836 enrolled in Chancery 23 December 1836 certified true copy 14 April 1837 William and John Stocken
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