Reference
MN36/17
Title
Release
Date free text
27 Apr 1832
Production date
From: 1832 To: 1832
Scope and Content
Attested copy release
Parties:
(i) Sir Edmund Stanley of Baker Street [Middlesex], bart;
(ii) Thomas Farrer of Lincolns Inn Fields [Middlesex], esquire;
(iii) Sir Gregory Osborne Page Turner of Baulerda [sic Battlesden] Park, bart “a person of unsound mind” by Rev. Sir Henry Dryden of Canons Ashby [Northamptonshire], bart and Rev. Theophilus Leigh Cooke of Beckley [Oxfordshire];
(iv) George Eyston of Grays Inn [Middlesex], gentleman
Reciting:
- Decretal Order in Chancery of 17th December 1825 in a cause in which Michael Coutts and other were plaintiffs and Mary Oswin, Dame Frances Page Turner, widow and others (all coheirs at law of Joseph Howell) were defendants ordering, among other things, an inquiry into the real estate of Joseph Howell , esquire, deceased intestate and ordering that those unsold should be sold;
- divers contracts for sale of the estate of Joseph Howells were entered into before the Decretal Order and others were contracted to be sold with the approbation of the Master on 11th August 1827 – only one sale had taken place, however;
- Dame Frances Page Turner died on 12th February 1828 having made her will on 27th May 1826 and devised all her manors to the use of Sir John Newport, bart, William Ford Stevenson, esquire and (i) upon trust for sale;
- Dame Frances Page Turner’s executors all renounced probate and so administration was granted on 15th October 1828 to Ann Leigh Guy Barron, wife of Henry Winston Barron, esquire one of her next of kin;
- Order in Chancery of 12 March 1829 in a cause between William Beauclerk, 9th Duke of Saint Albans and others, plaintiffs and Sir John Newport and others, defendants, reviving the cause against Sir John Newport, (i) and others;
- Decretal Order in Chancery of 31st July 1829 declaring that the will of Dame Frances Page Turner was proved; Sir John Newport disclaimed all interest in the real estate and it was ordered that the bill against him by the Duke of Saint Albans and others should be dismissed; the order of 17th December 1825 should proceed and that the heir at law of Dame Frances Page Turner was Sir Gregory Osborne Page Turner and that he thus became a trustee of her will along with (i) as William Ford Stevenson was “then and now out of the jurisdiction of the said court”;
MN36/17 - a Commission De Lunatico Inquirendo issued on 9th December 1823 declared Sir Gregory Osborne Page Turner to be of unsound mind and appointed Rev. Sir Henry Dryden and Rev. Theophilus Leigh Cooke as the committees of his estate;
- report of the Master of 28th August 1830 under the Decretal Order of 31st July 1829 appointing George Eyston as trustee to whom the estates of Dame Frances Page Turner could be conveyed;
- Decretal Order of 22nd December 1830 confirming the Master’s report and ordering that the Master should find someone to act on behalf of William Ford Stevenson;
- the Master reported on 18th April 1831 that (ii) was a proper person to act on behalf of William Ford Stevenson;
- Decretal Order of 10th August 1831 confirming the report of 18th April 1831 and ordering (ii) join (i) in conveying the real estates of Dame Frances Page Turner;
- Order of the Lord Chancellor of 26th February 1831 in the matter of the lunacy of Sir Gregory Osborne Page Turner that enquiry be made as to whether he was seised of any of Dame Frances Page Turner’s real estate;
- report of the Master on 15th May 1831 finding that Sir Gregory Osborne Page Turner was seised of the real estate of Joseph Howell which descended to Dame Frances Page Turner “as did not pass under the devise contained in her will” and so he was seised alone and not jointly with any other person as trustee;
- Order of the Lord Chancellor in the lunacy case of 3rd June 1831 absolutely confirming the report of 15th May 1831 and ordering that Rev. Sir Henry Dryden and Rev. Theophilus Leigh Cooke should act in place of Sir Gregory Osborne Page Turner in conveying the real estate to (iv)
Operative Part:
- (iv) paid 10/- each to (i) and (ii);
- (i) as trustee of the will of Dame Frances Page Turner and (ii) on behalf of William Ford Stevenson released the unsold real estate of Joseph Howell which descended to Dame Frances Page Turner and by her will to her executors and trustees to (iv) as trustee;
- (iv) paid 5/- to Sir Henry Dryden and Theophilus Leigh Cooke;
- (iii) released the unsold real estate of Joseph Howell which descended to Dame Frances Page Turner which was not by her will devised to her executors and trustees to (iv) as trustee;
- (iv) paid 5/- each to (i), (ii) and Sir Gregory Osborne Page Turner;
- (i), (ii) and (iii) agreed to surrender copyhold land to (iv) as trustee
Witnesses:
- Thomas Binns, solicitor of 20 Essex Street, Strand;
- William Poulter;
- Francis Worship of 66 Lincolns Inn, gentleman;
- James Elliott of 66 Lincolns Inn, gentleman;
- John Mander, schoolmaster of Leek Wootton [Warwickshire];
- Thomas Bowles, servant to Sir Henry Dryden, of Leek Wootton;
- John Auger, mason of Beckley;
- William Grace, servant to Theophilus Leigh Cooke of Beckley
Attested on 25th October 1838 by Thomas Green of Grays Inn [Middlesex], solicitor and Thomas Green junior, his clerk.
Level of description
item