Reference
Z590/45
Title
Indenture of Covenant to Surrender copyhold hereditaments at Biggleswade.
Parties
(i) Jeremiah Lilburn Rosher of Chalet Rose, Bex, Switzerland
(ii) Harry Young of Cliesh Castle, Kinross, Scotland, esq.; James Coventry of 21 Atholl Crescent, Edinburgh, esq.; William Beveridge of Dunfermline, Fife, writer.
(iii) Ellis Piggott Jeakings of Biggleswade, boot and shoe dealer.
Date free text
27 Dec 1892
Production date
From: 1892 To: 1892
Scope and Content
Recitals
That Jeremiah Burch Rosher late of Trewyn House in the parish of Cwmyoy, Herefordshire, esq. being seised customary fee simple of one undivided moiety of (a) by his will of 26 Nov 1872, after making certain specific bequests and devises (which did not include or effect the hereditaments below) devised all his other real estate to his son Jeremiah Lilburn Rosher his heirs, executors, administrators and assigns according to the tenure thereof. (see Z 590/42 also)
That Jeremiah Burch Rosher died 26 November 1874 without altering his will, which was proved on 21 January 1875 at Hereford.
That on 21 October 1878 Jeremiah Lilburn Rosher was admitted tenant out of court to, amongst others, the said moiety of the copyhold hereditaments devised under the will of Jeremiah Burch Rosher described below:
That by Indentures of lease and release on 23/24 March 1840 by way of marriage settlement as abstracted in Z 590/44, and by virtue of a surrender and admittance at a Court held for the Manor of Biggleswade on 30 April 1847 other undivided moiety of and in the said copyhold hereditaments become vested in James Hamilton and James Hastie their heirs and assigns upon trust they should at any time thereafter with the consent of Edward Burch Field and Isabella Hamilton during their joint lives or on the wish of the survivor (after the decease of one of them) and their heirs and assigns at the discretion of James Hamilton /James Hastie absolutely to sell and dispose of the undivided moiety entirely or in parts by public auction or private contract for such sums of money as James Hamilton/James Hastie should deem proper; it was declared that if either of the trustees should die or decline or become incapable to act as the trusts thereby created, it should be lawful for Edward Burch Field and Isabella Hamilton during their joint lives by any deed to appoint one or more persons to be trustees instead.
Indenture of 10 October 1857 Edward Burch Field & Isabella Field of the 1st, James Hamilton/James Hastie of the 2nd and (ii) of the 3rd that (ii) were appointed trustees of the said Indenture of Settlement in the room of James Hamilton/James Hastie.
That on 23 November 1857 (ii) were upon the surrender of James Hamilton/James Hastie admitted tenants out of court to , amongst others, the said undivided moiety in the copyhold hereditaments below to the use of them, their heirs and assigns according to the custom of the manor.
That Isabella Field died 4 December 1881 at 6 Glencairn Crescent, Edinburgh and Edward Burch Field died 14 Nov 1891 at 12 Douglas Crescent, Edinburgh.
That (iii) has contracted with (i) for the purchase of his undivided moiety in the copyhold hereditaments below for an estate of inheritance in customary fee simple for £220 and has also contracted with (ii) for the purchase of their individual moiety in the same for £220.
Operative Part
Covenant by (i) as beneficial owner of undivided moiety of a) in consideration of £220 paid to him by (iii) and (ii)as trustees of the other undivided moiety (in consideration of £220 paid to them by (iii)) that they will surrender or cause to be surrendered into the hands of the Lord of the Manor their respective undivided moieties of and in
a) enclosure of arable land known as Little Town Field as in Z 590/43, now abutted on the north by lands recently purchased by Frederick Endersby.
Habendum
To use of (iii) in customary fee simple at the will of the Lord according to the custom of the Manor at and under the rents, suits and services therefore due and of right accustomed.
Admission by (ii) of the right of (iii) to the production of the recited indentures granted 23 & 24 March 1840 and 10 October 1857 and to delivery of copies therein.
Signed and sealed by (i) per his attorney, (ii) in the presence of Henry Chandler.
Dorse: pencilled note ‘Lots 12,11,10,9, Jeakings sale.
Reference
Level of description
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