Scope and Content
Conveyance by Release
Parties:
(i) John Green of Woburn, gentleman;
(ii) Rev. John Vaux Moore of Aspley Guise, clerk, devisee in fee in the will of Mary Oswin, late of Market Street, widow, deceased, daughter of Joseph Howell of Markyate Cell [Hertfordshire], deceased;
(iii) George Eyston of Grays Inn [Middlesex], gentleman, trustee appointed by Chancery to convey the real estate of Sir Gregory Osborn Page Turner, bart;
(iv) Rev. John Vaux Moore, son and heir of Elizabeth, wife of John Patrick Moore and daughter of Joseph Howell;
(v) Joseph Falkner of Swaffham [Norfolk], esquire, only son of Elizabeth Falkner, wife of Henry Falkner and daughter of Joseph Howell;
(vi) Joseph Marshall of Elm [Cambridgeshire], esquire and Hugh Jackson of Wisbech Saint Peter, [Cambridgeshire], esquire – devisees in trust in the will of John Goddard Marshall late of Elm, esquire, deceased, eldest son of Ann Marshall, wife of John Marshall and daughter of Joseph Howell;
(vii) James Warr of Caddington, farmer;
(viii) William Warr of Aspley Guise, grazier
Reciting:
- MN36/6-7;
- MN36/9-10;
- Joseph Howell in October 1819 intestate and unmarried leaving his four surviving sisters Mary Oswin, Dame Frances Page Turner, Sarah Falkner and Elizabeth Moore and his nephew John Goddard Marshall as his heirs at law;
- Sarah Falkner died in March 1824 intestate leaving her son (v) as her heir at law;
- on 19th December 1824 John Patrick Moore on behalf of himself, Mary Oswin, Dame Frances Page Turner, (iv), (v) and John Goddard Marshall entered into a contract with (vii) for sale to him of (a)-(y) for £3,000;
- Decretal Order in Chancery of 17th December 1825 in a cause in which Michael Coutts and others 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;
- the master’s report of 24th February 1831 in the revived suits in which William, Duke of Saint Albans and Harriot his wife and others were plaintiffs and Mary Oswin, Sir John Newport, bart and others were defendants in which he expressed his opinion that the contract of 19th December 1824, and others, should be carried out;
- order in Chancery of 25th November 1833 confirming the master’s report and ordering that all interested parties join in the conveyance;
- master’s report of 10th April 1834 finding that there was £3,911/6/8 principal and interest owing from (vii) on his purchase of (a)-(y) and had found that several premises were subject to mortgage of 9-10 March 1812 [MN36/9-10] securing £2,400 on which £3,780 was now outstanding;
- orders of 2nd March 1835 confirming the master’s report and that (vii) should pay Thomas Smith £3,780 to redeem his mortgage, paying the residue of £131/6/8 to John Samuel Stary; this was varied by an order of 2nd July 1836 that (vii) should pay the £131/6/8 into the Bank of England for the credit of the first Chancery action and that (vii) should be allowed possession of (a)-(y) and rents and profits from 24th June 1836 and that all parties should join him in a conveyance
- MN36/18-19;
- Dame Frances Page Turner died on 12th February 1828 intestate as to her fifth share of the estate of Joseph Howell leaving her son Sir Gregory Osborn Page Turner, bart her heir at law but had made her will on 27th May 1826 devising her real estate to the use of Sir John Newport, Sir Edmund Stanley and William Ford Stevenson, esquire but this did not devise her one fifth share;
- the executors of Dame Francis Page Turner’s will renounced executorship and administration was granted on 15th October 1828 to Ann Leigh Guy Barron, wife of Henry Winston Barron, esquire
- order in Chancery of 12th March 1829 reviving the cause in which the Duke of Saint Albans and Harriot, his wife were plaintiffs and Sir John Newport and others defendants;
- 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”;
- 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);
- MN36/16-17;
- John Goddard Marshall made his will on 26th July 1823 devising all real estate, including his one fifth share of the estate of Joseph Howell, to (vi) as trustees for sale;
- John Goddard Marshall died in 1825 and his will was proved in PCC;
- Mary Oswin died on 8th January 1834 having made her will on 11th May 1829 and devised all interest in her one fifth share of the estate of Joseph Howell to (iv);
- codicil to the will of Mary Oswin of 5th November 1830;
- administration of the will and codicil of Mary Oswin granted in PCC on 27th January 1835 to Edward Chilwell Williamson, (iv) having renounced probate;
- John Patrick Moore died on 20th April 1835;
- decree in Chancery of 29th July 1835 that the decrees of 17th December 1825 and 31st July 1829 should be carried out;
- £3,780 was now owing to John Green by MN36/18-19;
- (vii) paid £131/6/8 into the Bank of England on 21st January 1837
Operative Part:
- (vii) paid £3,780 to (i) by direction of (ii), (iv), (v) and (vi) and with the approbation of (iii);
- (vii) paid £131/6/8 into the Bank of England;
- (vii) paid 10/- each to (ii), (iii), (iv), (v) and (vi);
- (i), by request of (ii), (iii), (iv), (v) and (vi) released (a)-(y) to (vii);
- (ii) released (a)-(y) to (vii);
- (iii) released (a)-(y) to (vii);
- (iv) released (a)-(y) to (vii);
- (v) released (a)-(y) to (vii);
- (vi) released (a)-(y) to (vii);
Property:
(a) Chaul End Farmhouse and land of 2 roods, 2 perches formerly in the occupation of George Brett then John Partridge, then John Patrick Moore, now James Warr;
[(b) 1 acre, 2 roods, 12 perches adjoining (a)];
[(c) Cow Pasture Close of 3 acres, 2 roods, 9 perches];
[(d) The Home Close of 4 acres, 2 roods, 21 perches];
(b), (c) and part of (d) lately converted into one field called The Orchard and Meadow Close and the remaining part of (d) now called Home Close and all bounded: part E by ancient inclosure of William Beckford, part E and part S by (a); part S and part W by the road from Chaul End to Dunstable; N by (e)-(f);
[(e) part of Hillside Close of 3 roods, 8 perches for some time past laid into (f)];
[(f) Hillside Close, formerly of William Beckford containing 8 acres, 1 rood, 12 perches bounded: SE and NE by allotment to Joseph Howell; SE by (e); part S by allotment to William Beckford; part S by inclosure of William Hanbury Potter Jones; part W by road from Chaul End to Dunstable; E and N by (g)];
(e), (f) and part of (h) containing 1 rood, 16 perches were some time since made into one close of 9 acres, 1 rood, 26 perches but now divided into two closes called Hillside Close and Three Acres Close;
(g) farmhouse lately built by James Warr on 1 rood, 16 perches on part of ex, (f) and (h);
(h) Cutts Close formerly of Joseph Howell of 8 acres, 14 perches bounded: E and part N by (i); part S by allotment to Joseph Howell; W, part S and part N by (l);
(i) Five Acres Close of 4 acres, 2 roods, 25 perches bounded: part E by (j); part E ancient inclosure of Joseph Howell; S by allotment to Joseph Howell; W by (h); N by (l); it now, together with a small part of Cutts Close of 1 acre, 31 perches formed a close of 5 acres, 26 perches;
[(j) part of Hatchet Close containing 1 rood, 15 perches for some time added to (k)];
[(k) Three Acres Close or Hatchet Close formerly of Rev. Nathaniel Hume and Joseph Howell as lessees of 2 acres, 3 roods, 23 perches bounded: E and S by allotments to Joseph Howell; part W by (i); part W and part N by (l); part N by ancient inclosure of George Simons];
- (j) and (k) now formed one close of 31 acres, 31 perches;
(l) 41 acres, 2 roods, 33 perches in Bottom Field bounded: part E by ancient inclosure of George Simons; part E and part S by (j); part S by (i); part S by (h); part E by allotment to Joseph Howell; part S and part E by (f); part S by the road from Chaul End to Dunstable; part W by allotment to William Beckford; part N and part E by ancient inclosures and an allotment to Richard Partridge; part N and part W by (m); part N by road from Luton to Dunstable;
[(m) plot of land part of Fogtail Close, property of Richard Partridge and containing 1 acre, 1 rood, 31 perches bounded: E and S by (l); W by the other part of the ancient inclosure of Richard Partridge; N by the road from Luton to Dunstable]; 1 rood 16 perches of (l) to (m) had been for some time laid in with Hillside Close and the remainder divided into 3 closes called Bottom Field of 10 acres, 1 rood, 31 perches, Fogtail Ground of 10 cares, 3 roods, 32 perches and Great Ground of 21 acres, 1 rood, 25 perches – the last being subsequently divided into three closes called Eight Acres, Ten Acres and Four Acres and part of which, along with part of (i) were laid to from part of Hatchet Close];
[(n) Pittings Down Close formerly of William Beckford of 4 acres, 3 roods, 16 perches bounded: E by the road from Chaul End to Dunstable; S by ancient inclosure of William Beckford; W by (p)];
[(o) land lying on The Downs of 7 acres, 3 roods, 23 perches bounded: S by (p); W by allotment to William Beckford; N by the road from Chaul End to Dunstable];
- (n) and (o) had for some time been laid together with part of (p) containing 1 acre, 19 perches to form a close of 13 acres, 3 roods, 18 perches;
(p) Seven Acres Close formerly of 9 acres, 3 rood, 4 perches but now 8 acres, 2 roods, 25 perches;
(q) Ravenswick Close of 4 acres, 5 perches bounded: E by the road from Chaul End to Caddington; S by ancient inclosure of Joseph Howell; W by Chaul End Close; N by ancient inclosure of Joseph Howell called Page Close;
[(r) Bretts Close of 4 acres, 2 roods, 24 perches for some time past laid to (s) and together containing 7 acres, 2 roods, 11 perches];
(s) Brides Mead and The Pightle adjoining formerly of William Beckford and of 2 acres, 3 perches bounded: E by the road from Caddington to Chaul End; S by allotment to the Dean and Chapter of Saint Paul’s, London; part W by (t); part N and part W by (r);
(t) land in North Field of 10 acres, 3 roods, 4 perches bounded: E by (r); S by allotment to the Dean and Chapter of Saint Paul’s; W by the Bedfordshire-Hertfordshire boundary; N by allotments to Nathaniel Hume – part containing 1 acre was now laid to (u);
(u) plot in North Field, Caddington [Hertfordshire] of 9 acres, 2 roods, 34 perches bounded: E by the Bedfordshire-Hertfordshire boundary; S by allotment to the Dean and Chapter of saint Paul’s; W by (v) and (w); N by allotment to Nathaniel Hume;
[(v) Pound Park of 3 acres, 7 perches];
[(w) New Close of 4 acres, 16 perches];
- (v) and (w) had been laid together as one close of 7 acres, 23 perches bounded: E by (u); S by an allotment to the Dean and Chapter of Saint Paul’s; W by (x); N by ancient inclosure of Joseph Howell;
(x) Eight Acres Close of 8 acres, 23 perches bounded: E by (v) and (w); S by ancient inclosure of the Dean and Chapter of saint Paul’s; W by (y) N by ancient inclosure of Joseph Howell;
(y) Twelve Acres Close of 13 acres, 3 roods, 35 perches bounded: E by (x); S and W by ancient inclosures of the Dean and Chapter of Saint Paul’s; N by Hill Close of William Beckford
Habendum:
- to (vii) to uses; to the use of (vii) during his life; to the use of (viii) during the life of (vii) in trust for (vii); to the use of (vii) for ever.
Witnesses:
- John S. Tanqueray, clerk to John Green of Woburn, solicitor;
- William Sinfield
Indorsement of Lease and Release of 1838 between (1) James Warr and (2) Samuel Crawley of Stockwood, Luton, esquire; (3) John Parkinson in which (q)-(y) above containing 61 acres, 1 rood, 15 perches were conveyed to (2).