• Reference
    R6/5/13/3
  • Title
    Abstract of a conveyance by release
  • Date free text
    24 January 1800
  • Production date
    From: 1800 To: 1800
  • Scope and Content
    Abstract of a conveyance by release Parties: (i) Sir Henry Nelthorpe, baronet, eldest son and heir at law of Sir John Nelthorpe, baronet, deceased who was heir at law of James Andrew, esquire who was brother and heir at law of William Andrew who was nephew and heir at law of Elizabeth Woodward, widow who was relict of Edward Woodward who was devisee in the will of Thomas Christie; Sir Henry Nelthorpe was entitled to 3/8ths of the real estate of Thomas Christie, deceased (ii) Anthony Jenkins, esquire and Elizabeth, his wife who was entitled to 2/8ths of the real estate of Thomas Christie, deceased; (iii) Michael Hodgson and John Hardcastle, trustees of the marriage settlement of Elizabeth Jenkins with her first husband Edward Southouse, esquire; (iv) William Robert Duill; Thomas Barton Matthews Reciting: - Thomas Christie was seized of real estate in Bedford, Stopsley, Wingfield, Wilshamstead, Wootton, Shefford, Goldington, Cardington, Haynes, Newport Pagnell [Buckinghamshire], Caldecott [Buckinghamshire], Cherry Hinton [Cambridgeshire], Turnmill Street and Saint John Street in London and by his will of 10 May 1697 in which, after giving several annuities he devised his real estate in Cherry Hinton and London and his farm rents in Bedfordshire to his brother Samuel, remainder to his nephews Samuel Bull, John Chaplin, Edward Woodward, Thomas Tooth, Christie Southouse and Thomas Chaplin and the residue of real estate to Samuel Christie for life chargeable with annuities, remainder to his executors and heirs for one year in trust to account for the rents and profits, remainder to his sons in order of birth, remainder, as regards Bedfordshire real estate not otherwise disposed of, to his cousin Samuel Christie for life chargeable with annuities provided he was married to Sarah or Ann Hinkley, remainder to the testator’s executors for one year in trust to account for the rents and profits and after that year the testator devised the real estate to Samuel Christie’s sons according to seniority and for want all real estate in Bedford was devised to male heirs of Samuel Christie with the remainder of the Bedfordshire estate being devised to his nephews Samuel Bull, John Chaplin, Thomas Chaplin, Edward Woodward, Thomas Tooth and Christie Southouse provided such disposition did not impeach the estate devised to the testator’s wife for her life “and to prevent mistakes in the construction of his will as to what should be meant by his Estate or Lands in Bedfordshire He the testator by his said Will declared that he intended those at Wootton and Goldington (after his Wife’s decease) and Shefford, Wingfield, Stopsley and Wilshamstead only”; - Thomas Christie died on 1 July 1696; John Chaplin and Thomas Tooth died in Christie’s lifetime; - Christie Southouse aliened his share of Thomas Christie’s real estate to himself thereby becoming tenant in common with Samuel Bull, Edward Woodward and Thomas Chaplin and so tenant in fee of a fourth part with Bull, Woodward and Chaplin being joint tenants of the other three fourths; - Christie Southouse’s will of 3 August 1717 devised his fourth part to Henry Southouse, the testator dying in the same year; - Thomas Christie’s wife was long since dead as were both Samuel Christies, devisees in Thomas Christie’s will, both without issue thus vesting the estate in Henry Southouse and the joint tenants Samuel Bull, Edward Woodward and Thomas Chaplin; - Thomas Chaplin died in December 1718 and Samuel Bull and Edward Woodward became entitled to his share in the three fourths of Thomas Christie’s real estate; - lease and release of 17 and 18 January 1725 [1726] between (1) Samuel Bull; (2) William Faldo; (3) Edward Woodward in which (1) released to (2) all his real estate in Bedfordshire, Buckinghamshire, Middlesex and London and his moiety of the lands held in joint tenancy, (2) acting as trustee for (1) for life remainder to the use of (3) for his life subject to an annuity of £40 payable to James Bull (now dead), remainder after the deaths of Samuel Bull and Edward Woodward to the use of James Bull for ever; - the indenture of 17 and 18 January 1725 severed the joint tenancy of Samuel Bull and Edward Woodward thus devising Thomas Christie’s estate in Henry Southouse, Samuel Bull and Edward Woodward as tenants in common with Southouse entitled to one fourth or two eighths parts with Bull and Woodward being entitled to one and a half fourths or three eighths each; - Samuel Bull died soon after the lease and release; - lease and release of 5 and 6 December 1733 (1) James Bull; (2) Murdock Broomer and Walter Russell; (3) Goddard Urlin; (4) Richard Sherwood the younger, Thomas Steele and Elizabeth Steele, spinster in which (1) released his three eighths to (2) in several trusts [not specified in the recital] any of which could be revoked by (1); - indenture of 19 December 1735 (1) James Bull; (2) Murdock Broomer and Walter Russell; (3) Goddard Urlin; (4) Richard Sherwood, Thomas Steele, Elizabeth Steele in which (1) revoked all uses in the lease and release of 5 and 6 December 1733 and appointing his three eighths share to himself and his heirs and for want of heirs to the use of (3) for 3,000 years without impeachment of waste in trust and after expiration of the term one third was to be to the use of Richard Sherwood for his life, remainder to the use of Richard Sherwood and Walter Russell during the life of Richard Sherwood in trust to preserve contingent remainders and after the death of Richard Sherwood to the use of his sons according to seniority in tail and in default of sons to the use of his daughters as tenants in common in tail with cross remainders in tail, if he had no issue then half of the third was to devise to Thomas Steele and half to Elizabeth Steele; one third was to be to the use of Thomas Steele for his life, after the death of Thomas Steele to the use of his sons according to seniority in tail and in default of sons to the use of his daughters as tenants in common in tail with cross remainders in tail, if he had no issue then half of the third was to devise to Richard Sherwood and half to Elizabeth Steele; one third was to be to the use of Elizabeth Steele for her life, after the death of Elizabeth Steele to the use of her sons according to seniority in tail and in default of sons to the use of his daughters as tenants in common in tail with cross remainders in tail, if he had no issue then half of the third was to devise to Richard Sherwood and half to Thomas Steele; if the heirs of the bodies Sherwood, Thomas and Elizabeth Steele came to an end then their three eighths should descend to the heirs of James Bull; each of the thirds of James Bull should after the deaths of Edward Woodward and James Bull and failure of issue of James Bull be charged with an annuity of £10 per annum to be paid to the Treasurer of the Charity School of Saint Sepulchre’s parish, City of London for the poor girls of the school and an annuity of £5 per annum payable to churchwardens of Saint Sepulchre’s for the benefit of ten of the poorest parishioners “as were decayed housekeepers”, six to be from Saint Sepulchre’s Within and four from Saint Sepulchre’s Without ; the annuities to be paid by the owners of the thirds in proportion to their share; the lands limited to the use of (3) should after the death of Edward Woodward and James Bull and failure of issue of James Bull raise £50 to be paid to the Treasurer of Saint Sepulchre’s Charity School for the benefit of the poor girls of the school; - indenture of 19 September 1735 between (1) James Bull, (2) Murdock Broomer and Walter Russell; (3) Goddard Urlin; (4) Richard Sherwood, Thomas Steele and Elizabeth Steele in which the annuities of £10 and £5 were charged on property of (1) in Bedfordshire which were not part of the property he had received from the will of Thomas Christie and had been paid out of that property from that time; - James Bull died in October 1736 without issue and Richard Sherwood died on 19 December 1735 without issue; - indenture of 30 April 1735 between (1) Edward Woodward; (2) John Andrew and William Southouse in which (1) covenanted with (2) that he would stand possessed of his share of Thomas Christie’s Bedfordshire, Buckinghamshire and Middlesex estate for his life remainder to his wife Elizabeth and her heirs for ever; - Edward Woodward died in 17[blank] and Thomas and Elizabeth Steel in Hilary 1740 filed a bill in Chancery against Elizabeth Woodward, Richard Sherwood, Henry Southouse, Goddard Urlin, Murdock Broomer and Walter Russell wanting a Commission of Partition to make an equal partition of the property devised in the will of Thomas Christie and proper conveyances be made; - lease and release of 1 and 2 August 1744 between (1) Henry Southouse; (2) John Harvey and Henry Cliff; (3) Samuel Southouse son of Henry Southouse in which (1) conveyed all his share of Thomas Christie’s real estate in Bedfordshire to (2) as trustees for (1) for his life and after his death in trust to convey it to (3); - Henry Southouse died during the Chancery suit, his will of 2 March 1743 [1744] devised his two eighths of Thomas Christie’s real estate to his son Samuel; - Henry Southouse, grandson of Henry Southouse the testator was his heir at law; Walter Russell died during the Chancery suit ; Thomas and Elizabeth Steele filed a Bill of Revision against Samuel and Edward, sons of Henry Southouse the testator; Goddard Urlin died intestate without issue during the Chancery suit and administration of his goods was granted to Sir Simon Urlin, his brother and Thomas and Elizabeth Steele thereupon filed a Bill of Revision against Sir Simon Urlin; during the Chancery suit Sir Simon Urlin also died and administration of his estate was given to Frances, wife of Richard Ward; - in June 1746 Elizabeth Steele married Richard Lane and so the Chancery suit as to her became abated and so Thomas Steele, Richard lane and Elizabeth Lane duly filed a Bill of Revision; - decree in Chancery of 29 July 1747 establishing the wills of Thomas Christie, Henry Southouse and Christie Southouse and declaring that the reversion in fee of Thomas Christie’s real estate in Bedford except the Rectory of Saint Paul’s and All Saints passed to his six nephews and it was ordered that a partition be made and that a commission should issue a conveyance dividing the estate three eighths to Thomas Steele and Richard Lane and Elizabeth, his wife, three eighths to Elizabeth Woodward and two eighths to Samuel Southouse and ordering that the three eighths of Thomas Steele, Richard and Elizabeth Lane should be conveyed and settled as in the deed of 19 December 1735, the three eighths allotted to Elizabeth Woodward should be conveyed to such trustees as she should appoint and that the two eighths allotted to Samuel Southouse should be conveyed to him and such trustees as he should appoint; - Elizabeth Lane died soon after the decree was issued and before it could be enacted leaving one son, Richard and he, as an infant, filed his Bill of Revision and the suit was revived on 28 July 1748; a Commission of Partition was issued in Hilary 1751 directed to Samuel Prince and Robert Layton on the part of Thomas Steele and Richard Lane junior, Charles Pryor and Samuel Aubrey on the part of Elizabeth Woodward and William Cooling and Thomas Cobb on behalf of Samuel Southouse; - Charles Pryor, Samuel Aubrey, William Cooling and Thomas Cobb divided the estate – three eighths to Thomas Steel and Richard Lane junior as set out in a schedule and called Lot 1; three eighths to Elizabeth Woodward as Lot 2 in the Schedule and two eighths to Samuel Southouse as Lot 3 in the schedule with Southouse paying £64/17/6 to Thomas Steele and Richard Lane junior in respect of his allocation – Lot 3 being scheduled as: (a) an estate in Newnham, Goldington consisting of two closes of pasture in the occupation of William and Richard Smith alias Lyon containing twelve acres and paying tithes in kind, (b) nine acres of meadow in Goldington paying tithes in kind; (c) a large house in Bedford, Saint Paul with outhouses now used as a common brewhouse in the occupation of Mrs. Audrey Benton with garden, orchard and dovehouse paying no tithe but subject to a quitrent of 6/10 to the Duke of Bedford and 1/1 yearly rent to Bedford Corporation; (d) a house formerly called Rudds House, Bedford, in the occupation of Mary Allen, widow and with the sign of the Crown and Thistle with stable and yard; (e) a malting house called Rudd’s Malting, Bedford, in the occupation of Audrey Benton with a barn in Luck’s Lane formerly in the occupation of John Pycroft; (f) a garden in Bedford, Saint Paul of three acres formerly in the occupation of Mrs. Hannah Freelove; (g) three tenements in Milk Lane, Bedford in the occupation of Richard Penfold junior, Thomas Hinton and Francis Henderson with the garden belonging; (h) house and tan yard in Potter Street, Bedford, Saint Mary formerly in the occupation of John Chaldo with a slipe of ground or pightle belonging; (i) nine acres in the common fields of Bedford in the occupation of Thomas Field – divided into three acres in Berry Field, two acres in Newnham Field, two acres in Conduit Field and two acres in Windmill Field, all tithe free; (j) a pightle of pasture in Towns End, Bedford, Saint Peter de Merton containing half an acre with a hedge and in the occupation of Simon Covington; (k) twelve small tenements in Saint James’, Clerkenwell of which four were in Turnmill Street, one in Frying Pan Alley and seven in George Alley, one of which was empty and the other eleven in the occupation of Davies (on which a fee farm rent at £1/10/- per annum was payable to the Crown), Paine, Herren, Hindle, Wharton, Hassell, Isaacs, Helle, Marsh, Stevens and Berley; (l) waste ground on which fifteen tenements formerly stood “now lately fallen down”, three at the lower end of Frying Pan Alley, three in George Alley and nine in Stewards Alley all in the parish of Saint John and Saint James, Clerkenwell; - the certificate of the commission was issued on 17 December 1751 and a decree of 27 May 1752 ordered that Samuel Southouse should pay £64/17/6 into the bank with the privity of the Accountant General of Chancery and ordering that Elizabeth Woodward, Thomas Steel and Richard Lane junior and Samuel Southouse should be given possession of their estates forthwith receiving the rents and profits from Lady Day last past and ordering that Richard Lane junior should join in a conveyance when he became 21; - Samuel Southouse paid £64/17/6 into the bank of England and he and Elizabeth Woodward, Thomas Steele and Richard Lane junior took possession of their respective estates; - lease and release of 9 and 10 June 1752 between (1) John Harvey and Henry Cliff and (2) Samuel Southouse in which (1) released the estate in the lease and release of 1 and 2 August 1746 [sic 1744]; - Samuel Southouse died in 1762 leaving his only son Samuel as his heir at law; Samuel Southouse junior made his will on 17 April 1789 bequeathing legacies and annuities and devising the residue of his estate to Elizabeth Jenkins, then Elizabeth Greaves, spinster; - Samuel Southouse junior afterwards died without altering or revoking his will; - lease and release by way of marriage settlement of 11 and 12 September 1789 between (1) Elizabeth Greaves; (2) Edward Southouse; (3) Michael Hodgson and John Hardcastle – Edward Southouse was about to marry Elizabeth Greaves and (1) released (a)-(l) above to (3) to the use of (1) until the marriage then to the use of (3) during the life of (1) upon trust for her to receive rents and profits for her sole benefit and, after her death of (2) survived her he was to receive an annuity of £200 per annum, to the use of (3) for 300 years from the death of (1) to better secure payment of the annuity, to the use of (1) for ever, the 300 year period ending on the death of (2); - inclosure award for Bedford, Saint Paul, Saint Peter de Merton and Saint Cuthbert of 14 June 1797 awarded to Edward Southouse in lieu of his common and other lands in Bedford one plot of land in Bedford, Saint Cuthbert containing 5 acres, 2 roods, 20 poles bounded E and W by an allotment to John, Earl of Ashburnham, E by an allotment to Matthew Polhill and S by the road from Bedford to Goldington; - Edward Southouse died on 28 September 1798 without issue and the term of 300 years in the deed of 11 and 12 September 1789 ceased; - agreement of 25 September 1799 between (1) Anthony Jenkins; (2) Elizabeth Southouse; (3) William Robert Duill and Thomas Barton Matthews in consideration of the forthcoming marriage of (1) and (2) in which (1) and (2) covenanted with (3) that after the wedding they would convey to (3) lands in Bedford and Bedfordshire in the occupation of Field, Bland, Thomas Hensman, Mrs. Smith, Mrs. Covington and Franklyn and property in Saint John Street and Turnmill Street, Clerkenwell formerly in the occupation of Ridgeway then Thompson to the use, as far as the property in Bedford and Clerkenwell was concerned, of (3) in trust for sale, the profits being used to discharge the debts of Edward Southouse except mortgages on properties at Manuden [Essex] and Round Court, Strand, Saint Martin-in-the-Fields [Middlesex], the surplus, provided it did not exceed £2,000 being paid to (1) for his own use and any amount in excess of £2,000 to be used to further reduce the debts of Edward Southouse, and any surplus after that payment should be given to whomever was appointed by (2) and in default to her for her own use; - Thomas Steele and Richard Lane junior were long since dead without issue and so their three eighths share in the estate of Thomas Christie became vested in the heirs of James Bull; - Elizabeth Woodward died on 2 May 1761 leaving her nephew William Andrew as her heir at law; he died in 1792 leaving his brother James Andrew as his heir at law and he died in March 1796 leaving Sir John Nelthorpe as his heir at law who had since died leaving (i) as his heir at law; - (ii) wished to convey their portion of the three eighths of Samuel Southouse to (iv) pursuant to the agreement of 25 September 1799 and that (i) had agreed to convey their share estate to (iv) also Operative Part: - (i) and (iii), as regards any rights they might have had, at the request of (ii) released and (ii) released (a) to (iv) Property: (a) all real estate allotted by Charles Pryor, Samuel Aubrey, William Cooling and Thomas Cobb to Samuel Southouse senior except those parts allotted elsewhere at the inclosure of Bedford and including land in Bedford received at inclosure in lieu of that lost Habendum - to (iv), to the use of (iv) upon trust for sale and disposal of the money as recited Covenants: - from (i) and (iii) as far as their own acts and from (ii) to levy a fine sur conizance de droit come ceo etc. to (iv)
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