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Conveyance and assignment of real and personal estate on trust for securing certain debts (copy counterpart): (i) William Henry Whitbread of Southill, esquire (ii) William Henry Whitbread and Samuel Charles Whitbread of Kensington Gore, Middlesex, esquire (iii) the Reverend James Ellice of Clothall, Hertfordshire, clerk; The Honourable William Waldegrave of Cardington; Joseph Barnard of Bedford, esquire; Joseph Barnard, Thomas Barnard and Francis Green, Bedford, Bankers and Copartners (Messrs Barnard & Co) (iv) Richard Henry Alexander Bennett of Northcourt, Isle of Wight, esquire; John Clarkson of Purfleet, Essex, esquire; William Wilshere of Hitchin, Hertfordshire, esquire; Abraham Harman of Chiswell Street, City of London, gentleman (v) William Wilshere, Samuel Charles Whitbread. Recites several documents and with two schedules of estates [details given].

20 Aug 1818

From: 1795 To: 1818

Details given: 1. Recites the will (in part) of Samuel Whitbread, grandfather of (i), dated 24 June 1795: assigned in trust his brewhouse and stock in trade to Samuel Green the elder, Jacob Yallowley and Robert Sangster for Samuel Whitbread his son and father of (i); trade to be continued and profits paid to Samuel Whitbread his son; and his property in Bedfordshire to his son Samuel for life, remainder to (i) for life. 2. Recites the will of Samuel Whitbread, father of (i), in part, dated 5 October 1810: bequeathed to Robert Sangster and William Wilshere in trust all his property not specifically bequeathed; his brewhouse in the parish of St Luke, Middlesex and St Giles without Cripplegate in the City of London, including the dwelling house, offices, cooperage etc, his share in the trade and the stock in trust to carry on or dispose of his share; to sell or exchange his remaining disposable estate; and all rents, profits and money from sale of estate to be added to his personal estate. Robert Sangster and William Wilshere appointed joint executors. 3. Recites the tenth codicil of Samuel Whitbread dated 21 June 1815: payment of debts to Robert Sangster (£20,000), to Joseph Barnard and Messrs Barnard & Co (£15,000), to William Waldegrave (£10,300 3 per cent consols), and then all his other debts not covered by his personal estate: all personal estate to be sold to pay his debts. Lancelot Holland, esquire, appointed executor jointly with Robert Sangster and William Wilshere. 4. Recites renunciation of executorship by Robert Sangster, William Wilshere and Lancelot Holland; granting of executorship to (i) by Prerogative Court of Canterbury; appointment of Samuel Charles Whitbread as trustee in place of Robert Sangster; sale by William Wilshere and Samuel Charles Whitbread of brewhouse for £45,000 to pay debts of Samuel Whitbread the father (but William Wilshere and Samuel Charles Whitbread advised the debts of £45,000 of Samuel Whitbread the grandfather should be paid first); return by William Wilshere and Samuel Charles Whitbread to (i) of £45,000 from brewhouse sale; examination of debts: £20,000 due to Robert Sangster, £4200 to Joseph Barnard, £11,250 to Messrs Barnard & Co, £7900 to William Waldegrave (market value of consols), £1000 to William Wilshere, total £44,350. 5. Recites sale by William Wilshere and Samuel Charles Whitbread to (i) of Shefford Hardwick land seized in fee simple (66 acres 3 roods 19 poles) for £3976 5s 0d: this sum with £1000 from sale of brewhouse to be used by William Wilshere and Samuel Charles Whitbread in part payment of £18,650 owed by Samuel Whitbread, father of (i), to William Wilshere; and debts remaining of £8000 to R H A Bennett, £10,000 3 per cent consolidated bank annuities and £13,673 15s 0d to William Wilshere, £10,000 to John Clarkson and £2719 to Abraham Harman. 6. Recites bond of 8 December 1804 signed by Samuel Whitbread the father referring to an instrument made by the City of London on 19 January 1768 following an Act of 1767 'for completing a Bridge across the River Thames from Blackfriars in the City of London to the opposite side in the County of Surrey and the avenues thereto on the London side, for redemption of the tolls on the said Bridge and on London Bridge, for rebuilding the Gaol of Newgate in the said City, for repairing the Royal Exchange within the same, for embanking part of the north side of the said river within certain limits and for further continuing towards those purposes the imposition of 6d per measure chaldron [coal measure: 36 bushels] or ton of coals and culm [coal dust, especially of anthracite] into the Port of the said City established by an act of the fifth and sixth years of the reign of King William and Mary and also for carrying on the new Pavements in the City and Liberties of Westminster, and parishes adjacent and in the Town and Borough of Southwark'. Concerning this instrument, City of London received from William Montague of Guildhall, London, £100 in payment of £156,000 to be raised, carrying annuity payment of £3 10s (with 99 further instruments dated up to 18 September 1770, annuities payable to William Montague, who endorsed them), the owner 'immediately before the execution thereof' being John Clarkson. John Clarkson agreed to let Samuel Whitbread have the instrument and receive the annuities (£10,000 bond of 8 December 1804), with the condition: bond to become void if both Samuel Whitbread and John Clarkson were alive after three years, but on death of either, Samuel Whitbread or his executors should within six months deliver to John Clarkson or his executors the 100 securities and pay all the annuities (value £350 a year) which would have been John Clarkson's if he had retained the securities. 7. Recites default of Samuel Whitbread the father in not redelivering the bonds to conform to conditions (above), and their conversion to his own use; payment by (i) of father's debts, and desire to retain part of the £45,000 from brewhouse sale or to borrow sums in lieu, substituting new creditors for those he had paid; willingness of creditors to forego payment, except Robert Sangster, and following arrangement requested: James Ellice to lend £10,000, William Waldegrave to forego immediate receipt of the £10,390 3s 4d 3 per cent consolidated bank annuities and give time to (i) to pay £1050 legacy from Samuel Whitbread the grandfather to his granddaughter Elizabeth, wife of William Waldegrave; Joseph Barnard to forego receipt of £4200 and Messrs Barnard & Co to forego receipt of £11,250; all parties consented, retaining same priority of security as they and Robert Sangster entitled to under the tenth codicil of will of Samuel Whitbread the father. 8. Recites the advance to (i) by Abraham Harman of £2281, making a total debt of £5000; the foregoing of immediate receipts of debts and advances by Abraham Harman and the Reverend James Ellice, The Honourable William Waldegrave, Joseph Barnard, Joseph Barnard, Thomas Barnard and Francis Green, Bedford, Bankers and Copartners (Messrs Barnard & Co) and consent to give time for payment until 20 August 1819; similar consent by R H A Bennett (£8000), William Wilshere (£10,000 and £18,650, (i) having retained for own use £3976 5s 0d and £1000 – see fifth recital), who also gave time for payment of £3805, part of £5300 due on a mortgage of Samuel Whitbread the grandfather, assigned to William Wilshere on payment by (i) of £3805, repaid from the brewhouse sale; and similar consent by John Clarkson for restoration of the bridge bonds. (i) to regard debts to the Reverend James Ellice, The Honourable William Waldegrave, Joseph Barnard, Joseph Barnard, Thomas Barnard and Francis Green, Bedford, Bankers and Copartners (Messrs Barnard & Co) of £10,000, £4200, £11,250 and £10,390 3s 4d 3 per cent consolidated bank annuities as of equal standing to debts referred to in will and tenth codicil of Samuel Whitbread the father; the debts of £1050, £8000, £18,650 and £3805, and £5000 to carry interest at 5 per cent; the £10,390 3s 4d consolidated 3 per cent bank annuities to carry half-yearly sums equivalent to the dividends of same stock; and the bridge bonds to have interest equivalent to terms of the instrument. Release and assignment of freehold premises of (i) dated 20 August 1818: All property of (i) in Bedfordshire, Essex and City of London described in first schedule (mentioned but not described below). All his other property in Bedfordshire, Essex and City of London: - save and except any estate and interest of (i) in the brewhouse sold by William Wilshere and Samuel Charles Whitbread. - save and except Shefford Hardwick, sold by William Wilshere and Samuel Charles Whitbread. - save and except any estate in the parish of Shillington to which (i) is entitled or has interest in by devise from his grandfather and father, these being subject to settlements, mortgages, etc; the other part conveyed before the marriage of Samuel Whitbread the father and Lady Elizabeth Whitbread his mother; and the part after this marriage. Residue of these estates: (i) entitled for life with remainder to his sons successively in tail male with remainder to such uses as approved by William Henry Whitbread and Samuel Charles Whitbread, with remainder to Samuel Charles Whitbread in tail with remainder to (i) in fee; some leasehold premises held for lives and others for terms of years. (i) assigns property as in first recital to William Wilshere and Samuel Charles Whitbread. Covenant: that at a general court or courts baron or customary court (i) should surrender his copyhold property in Bedfordshire, Essex, Middlesex or in Great Britain to the only proper use and behoof of William Wilshere and Samuel Charles Whitbread. 9. Recites for further securing the debts of the Reverend James Ellice, The Honourable William Waldegrave, Joseph Barnard, Joseph Barnard, Thomas Barnard and Francis Green, Bedford, Bankers and Copartners (Messrs Barnard & Co) and Richard Henry Alexander Bennett, John Clarkson, William Wilshere and Abraham Harman, bargain and sale between William Henry Whitbread and Samuel Charles Whitbread and William Wilshere and Samuel Charles Whitbread dated 23 April 1817 regarding property in first schedule. Considerations aforesaid, (i) assigns mortgage to William Wilshere and Samuel Charles Whitbread: - property and effects, as in second schedule (mentioned but not described below) - all other goods and chattels. William Wilshere and Samuel Charles Whitbread to have this property, and then the survivor of William Wilshere and Samuel Charles Whitbread in trust, in case before 20 August 1819 (i) pays James Ellice £10,000, Joseph Barnard £4200 and Messrs Barnard & Co £11,250 (in the meantime, (i) to pay them 5 per cent interest, equal half-yearly payments. (i) to transfer into account of William Waldegrave £10,390 3s 4d 3 per cent consolidated bank annuities (in meantime to pay William Waldegrave half-yearly the equivalent to dividends on this sum); (i) to pay William Waldegrave £150, R H A Bennett £8000, William Wilshere £18,650 and £3805 and Abraham Harman £5000 (with interest at 5 per cent, half-yearly payments, to these four mentioned); on 20 August 1819 to transfer to William Wilshere £10,000 3 per cent consolidated bank annuities with half-yearly payments equivalent to dividends; on same date deliver to John Clarkson 100 securities, City of London, with yearly payments equivalent to bond annuities. All payments to be made in the Common Dining Hall of Lincolns Inn, then William Wilshere and Samuel Charles Whitbread to surrender all property except that in bargain and sale of 23 April 1817 to (i). 1. Proviso: Money from any sale of estates in bargain and sale (above) for which Samuel Charles Whitbread and his male issue appointed creditors should be used for purchase of similar estates. William Wilshere and Samuel Charles Whitbread at request of (i) will surrender property not disposed of and reconvey property comprised in bargain and sale. 2. Proviso: Debts to the Reverend James Ellice, The Honourable William Waldegrave, Joseph Barnard, Joseph Barnard, Thomas Barnard and Francis Green, Bedford, Bankers and Copartners (Messrs Barnard & Co) to retain priority in payment as in tenth codicil. 3. Proviso: (i) can raise sum not exceeding £10,000 and charge interest at 5 per cent to the property to be surrendered. 4. Proviso: If (i) wants to raise any further sum not exceeding £10,000, may do so and charge interest at 5 per cent. The money together with £10,000 from James Ellice to have same priority as Robert Sangster's under tenth codicil. 5. Proviso: If during trusts (i) pays off any debts or sums secured, William Wilshere and Samuel Charles Whitbread to reassign to (i) for life any property they think fit, interest 10 per cent on the capital of debt discharged. 6. If William Wilshere and Samuel Charles Whitbread as trustees of Samuel Whitbread the father have to pay any debt from his estate, they may raise sums necessary and charge the money borrowed 5 per cent interest on the property assigned. Covenants by (i) with the Reverend James Ellice, The Honourable William Waldegrave, Joseph Barnard, Joseph Barnard, Thomas Barnard and Francis Green, Bedford, Bankers and Copartners (Messrs Barnard & Co) and Richard Henry Alexander Bennett, John Clarkson, William Wilshere and Abraham Harman to pay the sums and interest or dividends owed. Covenant by (i) with William Wilshere and Samuel Charles Whitbread that, in case of any default in payment, William Wilshere and Samuel Charles Whitbread may enter the freehold, leasehold and copyhold hereditaments etc to be assigned and covenanted to be surrendered. (i) appoints William Wilshere and Samuel Charles Whitbread his attorneys. With the first schedule of estates: particulars of estates devised by the will of Samuel Whitbread, esquire, the grandfather, to William Henry Whitbread for his life; particulars of estates comprised in the marriage settlement of the late Samuel Whitbread, esquire, bearing date 21 January 1788; particulars of estates to which William Henry Whitbread, esquire, is entitled in fee simple; particulars of leasehold estates to which William Henry Whitbread, esquire, is absolutely entitled. With the second schedule (comprising estates and effects): furniture, books, pictures and other effects in and about the house and grounds at Southill – value about £30,000; stock at Purfleet and Blackfriars including outstanding debts due in respect of the trade carried on at those places - value about £20,000.

item

Whitbread, William Henry,
Whitbread, Samuel Charles,
Ellice, James,
Waldegrave, William,
Barnard, Joseph,
Barnard, Thomas,
Green, Francis,
Barnard & Green,
Bennett, Richard Henry Alexander,
Clarkson, John,
Wilshere, William,
Harman, Abraham,
Whitbread, Samuel,
Green, Samuel,
Yallowley, Jacob,
Sangster, Robert,
Holland, Lancelot,
Montague, William,
Waldegrave, Elizabeth,
Whitbread, Elizabeth

deed, debt, clergy, Barnard's Bank, will, brewhouses, bonds, annuities, marriage settlements, Southill Park, SOUTHILL, Kensington, Clothall, CARDINGTON, BEDFORD, Isle of Wight, Purfleet, Hitchin, Saint Luke Chiswell Street, London, London Saint Luke, Saint Giles without Cripplegate, SHEFFORD HARDWICK, Blackfriars, Westminster, Southwark, Essex, SHILLINGTON