Scope and Content
Abstract of Title of James Warr to a public house called The Balloon, cottage and premises in Caddington contracted to be sold to Benjamin Bennett
(I) Marriage Settlement by lease and release of 29th and 30th July 1765
Parties:
(i) Thomas Birch ad Elizabeth, his wife and their eldest son Charles;
(ii) Sarah Creed of East Greenwich [Kent], third daughter of Sir James Creed by Dame Mary, his wife, both deceased;
(iii) Ann Creed, second daughter of Sir James and Dame Mary Creed;
(iv) Edward Montague, esquire, a master of the High Court of Chancery; George Birch of Hatton Garden [Middlesex], gentleman;
(v) John Fisher, esquire; Thomas Farr, esquire
Reciting:
- an intended marriage between Charles Birch and Sarah Creed;
- that Sarah Creed was entitled to a fortune;
- Thomas Creed agreed to convey (a)-(b) to trustees and that if Sarah Creed survived Charles Birch she would be entitled to one third part of his real as well as personal estate over and above the provision made for her in the settlement;
Operative Part:
- £3,000 was paid to Charles Birch from the fortune of (ii);
- to bar or dock entail of the premises of (i) and to settle and assure the premises (i) released (a)-(b) to (iv)
Property (all in the occupation of Daniel Geary “save and except out of the said indenture all such pieces or parcels of land lying in the said common field called North Field not exceeding 5 acres in the whole as by indentures of Lease and Release of 21st and 22nd November 1812 were conveyed by Thomas Lockington to John Coppin in exchange):
(a) pightle adjoining a messuage containing 4 acres [in Caddington];
(b) several pightles of arable, pasture and meadow containing 138 acres in Caddington in Bedfordshire and Hertfordshire including: Home Close of 6 acres; Seven Acres with formerly in the occupation of Susan Symonds, widow N and E; Beech Acre adjoining Seven Acres and abutting on Beech Lane E; Bellamore Acre on the same hillside with land formerly in the occupation of Susan Symonds N; a pightle of two acres on the same hillside with land formerly in the occupation of Susan Symonds N; a piece of land on the same hillside containing 3 acres; Bride Close of 4 acres abutting on Bride Lane N; close in North Field called Peters Park abutting on a furlong called Park Furlong S; close called Calves Close of 1 acre; Grove Close of 2 acres abutting the Bellamore Acre W; close called Crabtree Close of 6 acres abutting Chaul End Lane W; close in Middle Field of 3½ acres abutting the highway from Luton to Dunstable S; eleven pieces of arable land in The Hills near Dunstable containing 14 acres; two pieces of arable in Street Field containing 4 acres; eleven pieces of arable land in North Field containing 19½ acres; piece of arable land at Pittins Corner containing 2 acres; three pieces of arable land beneath The Hill near Luton containing 7 acres; fifteen pieces of arable land in Rushmore Field containing 16 acres; four pieces of arable land in Middle Field beneath The Hills containing 11 acres; a piece of land in Middle Field called Whiteleys Land containing 1 rood, 22 poles; a piece of land in Middle Field in Middle Shott Furlong containing 1 acre
Habendum:
- to (iv) to be perfect tenants so that two or more common recoveries might be suffered as of Michaelmas Term 1765 in which (v) were to be demandants, (iv) tenants and Charles Birch vouchee – the uses of the recovery being: to the use of Thomas Birch and his heirs until the marriage; to the use of Thomas Birch for life without impeachment of waste; remainder to the use of (v) for 200 years upon trusts; to the use of Charles Birch for life without impeachment of waste; remainder to the use of (iv) during the life of Charles Birch upon trust to preserve contingent remainders; after the death of Charles Birch to the use of (ii) for her life; remainder to the use of (iv) during the life of (ii) in trust to preserve contingent remainders; after the death of Charles Birch and Sarah Creed to the use of the sons of Charles Birch and Sarah Creed in tail male; remainder to the use of the daughters of Charles Birch and Sarah Creed as tenants in common; in default remainder to the use of (ii) for ever.
- the term for 200 years to (v) was in trust after the decease of Thomas and Elizabeth Birch to secure £2,000 for the children of Thomas and Elizabeth Birch except Charles Birch as directed in Thomas Birch’s will, in default to be divided equally
Covenant by Charles Birch that his will would devise one third of his real estate to his wife
Recital of the power of Thomas and Elizabeth Birch under their marriage settlement of 2nd June 1735 to charge their lands with £5,000.
(II) Indenture of 9th June 1769
Parties:
(i) Thomas Birch and Elizabeth, his wife;
(ii) Charles Birch and Sarah, his wife;
(iii) Edward Montague and George Birch;
(iv) Thomas Farr and Robert Campbell of Charlton [Kent]
Reciting:
- (I);
- the two common recoveries had not been suffered but it was agreed that they should be in Trinity Term 1769.
Operative Part:
- (i)-(iv) covenanted that two common recoveries should be suffered in which Thomas Farr would be demandant and Edward Montague and George Birch tenants with Charles Birch as vouchee.
Declaration
- that the recoveries should be: to the use of Thomas Birch for his life without impeachment of waste; remainder to the use of Elizabeth Birch for her life; remainder to the use of (iv) for 200 years upon trusts; to the use of Charles Birch for his life without impeachment of waste; remainder to the use (iii) during the life of Charles Birch upon trust to preserve contingent remainders; remainder after the death of to the use of their first son in tail male; remainder to the successive sons in tail male; remainder to the daughters of (ii) as tenants in common; remainder to the use of Sarah Birch for ever
- the term for 200 years to (iv) was in trust after the decease of Thomas and Elizabeth Birch to secure £2,000 for the children of Thomas and Elizabeth Birch except Charles Birch as directed in Thomas Birch’s will, in default to be divided equally
(III) Exemplification of a recovery – Bedford: of Trinity Term 1769 between Thomas Farr, demandant, Edward Montague and George Birch, tenants and Charles Birch, vouchee of 4 messuages, 6 gardens, 300 acres of land, 150 acres of meadow, 250 acres of pasture and common of pasture for all manner of cattle with appurtenances in Stevington, Bromham, Stagsden, Meppershall, Campton, Caddington and Chaul End
(IV) Exemplification of a recovery – Hertford: of Trinity Term 1769 between Thomas Farr, demandant, Edward Montague and George Birch, tenants and Charles Birch, vouchee of 2 messuages, 4 gardens, 160 acres of land, 120 acres of meadow, 130 acres of pasture and common of pasture for all manner of cattle with appurtenances in Caddington and Chaul End.
(V) Will of Thomas Birch of 17th July 1769 reciting the will and death of his only sister Penelope Birch meaning he became possessed of, amongst other things, half the freehold land in Bedfordshire and Hertfordshire devised in the will of his uncle Thomas Lockington and that by his marriage settlement half was settled after the death of he and his wife Elizabeth on their eldest son Charles Birch and that he had since settled the whole on himself and his wife for their lives then upon their son Charles charged with payment of £2,000 for the younger children Elizabeth, Ann, George, John and Penelope.
(VI) Deed to lead to the uses of a fine of 7th September 1769
Parties:
(i) Charles Birch and Sarah, his wife;
(ii) Thomas Farr
Reciting:
- (I);
- Charles Birch married Sarah Creed but the common recoveries were not suffered in accordance with (I);
- death of John Fisher whereby (a)-(b) in (I) became vested in (ii);
- (II)-(IV);
- Sarah Birch wished to levy two or more fines of the freehold remainders to take effect after the deaths of Thomas Birch, Elizabeth Birch, Charles Birch and herself and after failure of issue of Charles and Sarah Birch
Operative Part:
- (i) agreed to levy two or more fines sur conizance de droit come ceo etc. in Trinity or Michaelmas Terms 1769 to (ii)
(VII) Fine sur conizance de droit some ceo etc. of Trinity Term 1769 – Bedford: between Thomas Farr, plaintiff and Charles and Sarah Birch, deforciants of 4 messuages, 6 gardens, 300 acres of land, 150 acres of meadow, 250 acres of pasture and common of pasture for all cattle in Stevington, Bromham, Stagsden, Meppershall, Campton, Caddington and Chaul End.
(VIII) Fine sur conizance de droit some ceo etc. of Trinity Term 1769 – Hertford: between Thomas Farr, plaintiff and Charles and Sarah Birch, deforciants of 2 messuages, 4 gardens, 160 acres of land, 120 acres of meadow, 130 acres of pasture and common of pasture for all cattle in Caddington and Chaul End.
(IX) Will of Charles Birch of 5th November 1777 devising all real estate to Thomas Farr of Henbury [Gloucestershire], esquire and George Birch of Essex Street, London, esquire in trust for the use of his wife
(X) Lease and Release of 13th and 14th June 1792
Parties:
(i) George Birch of Essex Street [Middlesex], esquire;
(ii) Sarah Birch of Greenwich [Kent], widow and devisee in the will of Charles Birch of Lime Street, Dionis Bagchurch, London, merchant, then of Woodford [Essex], esquire, deceased;
(iii) Elizabeth Birch, Ann Birch and Penelope Birch all of Hatton Street, Saint Andrew’s, Holborn, spinsters; John Birch of New Street, Spring Gardens, Saint Martin-in-the-Fields in the Liberty of Westminster, surgeon;
(iv) Robert Campbell late of Charlton [Kent], now of Greenwich, esquire;
(v) William Jones of Woburn, gentleman
Reciting:
- (II);
- (V);
- (VI);
- (VII)-(VIII);
- death of Thomas Birch on 29th July 1774 and Elizabeth Birch on 11th September 1790;
- (IX);
- death of Charles Birch;
- death of Thomas Farr on 30th August 1791;
- (v) had agreed purchase of (a)-(b) with (ii) for £2,200;
- £2,200 had been paid to (iii)
Operative Part:
- (v) paid 10/- to (i) and £2,200 to (ii);
- (i), by request of (ii) and (ii) for herself released (a)-(b) to (v);
- (v) paid 5/- to (iv);
- (iv), at the request of (ii) and (iii) assigned (a)-(b) to (v)
Property:
(a) pightle adjoining a messuage containing 4 acres [in Caddington];
(b) 138 acres of arable and pasture in Caddington, [Bedfordshire and Hertfordshire], now described as: The Cow Pasture of 6 acres, 10 perches; The Home Close of 4 acres, 3 roods, 23 perches; The Breach Close of 2 acres, 19 perches; The Five Acres of 4 acres, 2 roods, 3 perches; The Seven Acres of 9 acres, 2 roods, 10 perches; Crab Tree Close of 5 acres, 3 roods, 8 perches; Peters Park of 1 acre, 3 roods, 14 perches; Horse Mead of 1 acre, 39 perches; Horse Close of 3 acres, 3 roods, 7 perches; Calves Pightle of 3 roods, 37 perches; In Low Hill Field 50 acres, 2 roods, 16 perches of arable; in North Field 25 acres, 1 rood, 13 perches of arable; in Rushmore Field 15 acres, 2 roods, 38 perches of arable; in Stread Field 5 acres, 2 roods, 37 perches of arable.
(XI) Bargain and Sale of 14th June 1792
Parties:
(i) George Birch;
(ii) Sarah Birch;
(iii) William Jones
Operative Part:
- (iii) paid 10/- to (i) and £2,200 to (ii);
- (i), at the request of (ii) and (ii) herself bargained and sold (a)-(b) in (X) to (iii)
(XII) Deed of Covenant of 15th September 1792
Parties
(i) Francis, 5th Duke of Bedford;
(ii) William Jones
Reciting:
- (XI);
- (i) had purchased certain lands in Stevington, Bromham and Stagsden from Sarah Birch of greater value than those purchased by (ii);
- deeds specified in a schedule related to both the land bought by (i) and by (ii)
Operative Part:
- (i) covenanted to produced scheduled deeds to (ii)
Schedule:
- (I);
- (II);
- (III);
- (IV);
- (VII);
- (VIII)
Endorsed with a note of the death of William Jones in October 1792 intestate leaving William Hanbury Potter Jones his eldest son as his heir at law.
(XII) Caddington Inclosure Act of 1798 and award of 20th June 1800 awarding, amongst other things, to William Hanbury Potter Jones: a plot of land in Bottom Field containing 41 acres, 2 roods, 33 poles bounded: part E by an allotment and ancient inclosure of George Simons; part S and part E by the ninth allotment to William Hanbury Potter Jones; part S by an ancient inclosure of William Hanbury Potter Jones; part S, part E and part N by the 8th allotment to William Hanbury Potter Jones; part E by the 18th allotment to John Howell; part S and part E by the 4th allotment to William Hanbury Potter Jones; part S by Chaul End Road; part W by 12th allotment to William Beckford, esquire; part N, part E by ancient inclosure and allotment of Richard Partridge; part N and part W by 16th allotment to William Hanbury Potter Jones; part N by Dunstable to Luton Road
(XIII) Extract from the register of saint Mary Abbott, Kensington [Middlesex] of the marriage of William Jones and Francis Henrietta Potter
(XIV) Extract from PCC register of grant of administration of the effects in November 1792 to Charlotte Sophia Potter, aunt and guardian of William Hanbury Potter Jones, son of William Jones – noting that Hanbury Potter Jones’ siblings were Henry James Jones and Henrietta Sophia Jones
(XV) Affidavit of William Hanbury Jones of Harcourt Buildings, Temple, London, esquire of 5th June 1838 that William Jones of Woburn, esquire, deceased and Frances Henrietta his wife, deceased were married in Kensington [Middlesex] in April 1784 and that he was the eldest son and was born on 8th January 1886 [sic 1786] and was baptised William Hanbury Potter Jones but for many years had called himself William Hanbury Jones.