• Reference
    ST1583
  • Title
    Abstract of title of Thomas Elger to freehold land in St Paul’s and St Peter’s, Bedford (for the opinion of Counsel as to the validity of the title)
  • Date free text
    made c.1825
  • Production date
    From: 1820 To: 1830
  • Scope and Content
    Lease and release of 25 and 26 November 1728 (settlement previous to marriage) i) Thomas Hawes, Bedford, gentleman ii) Thomas Wilkes, Bedford, merchant and alderman, Judith Wilkes, spinster (youngest daughter of said Thomas) iii) Francis Jessop, Bedford, gentleman, Thomas Cave, Bedford, woollen draper marriage to be between i) and Judith Wilkes £2000 to i) paid by Thomas Wilkes as marriage portion of said Judith i) grants to ii) ... farm house called the Porch House in St Paul’s, with the Rickyard ½ acre ... Porches Close, Square Close and Hill Close 30 acres in St Paul’s ... pasture 1 acre 1 rood lying near the Pest House in St Paul’s ... pightle in St Paul’s 3 roods abutting on Hill Close ... pightle lying against house called “Green Dragon” in St Paul’s ½ acre ... tithes and tenths of hay, grass, wool etc. upon said property ... 182 acres in common fields of Bedford [note in margin that Mr Elger purchased the land allotted in its place at the enclosure] formerly in occupation Isaac Smith, late Thomas Randall ... tithes and tenths arising out of said lands ... New Close in St Peter Martin, near Putnoe Gate, late in occupation said Thomas Randall ... tithes and tenths arising out of said close ... Gravel Leys in St Paul’s 4 acres late in possession John Riseley ... garden lying near Porch House in occupation (..) Groves. (except Prebend Close and close called St Cuthbert’s Close not intended to be settled) to be held by iii) as trustees to uses fine to be levied in Michaelmas term of hereditaments in Hargraves and Rounds [not previously mentioned] Lease and release of 17 and 18 October 1737 (mortgage in fee) i) Thomas Hawes ii) John Woodham, Stanford, Southill, gentleman consideration £200 i) grants to ii) ... messuage in St Paul’s etc., situate at S. end of Angel Street, otherwise Sheep’s Cheaping S. late Alexander Leith, clerk deceased N. Thomas Woodward, gentleman, in occupation Auston Walton E. Angel Street otherwise Sheep’s Cheaping W.(part) garden, thereinafter mentioned W.(part) close late of said Alexander Leith said messuage late in occupation John Goodall, since of (....) Bithrey and then of said Thomas Hawes ... piece garden adjoining 1 acre late in occupation William Freelove ... farmyard in St Paul’s adjoining said garden southwardly and extending northward to Well Street, late in occupation John Riseley and since of Thomas Simpson ... cottage in Well Street, late in occupation William Leniford, since of John Palmer and then of William Freelove W. great gates belonging to said yard N. common street S. said farmyard E. cottage thereinafter mentioned ... cottage in Well Street adjoining last cottage in occupation John Newman N. common street S. said farmyard ... messuages of said Thomas Hawes, which were the messuages of Elizabeth Carter, widow of William Carter, esquire deceased, Thomas Skerington, gentleman and wife Elizabeth, John Peers, gentleman and wife Ann, Mary Carter, spinster, and Thomas Wade, gentleman and wife Temperance, or anyone in trust for them, in Bedford, formerly estate of Robert Cartman, gentleman, which were all purchased by said Thomas Hawes of said Elizabeth Carter etc. ... pew in church of St Paul’s interest mentioned but rate not given 7 May 1738 Will of Thomas Hawes ... all his lands, messuages etc. devised to son John Hawes for ever (so much of estate as not contained in marriage settlement being subject to payment of £800 apiece to his 2 daughters, Mary and Judith, at 21). If son and daughters die before 21 then all estates bequeathed to his sister, Letitia wife of Richard Luke, gentleman, and to his brother John Hawes, as tenants in common ... residue of personal estate also to said son John Francis Jessop, esquire, and brother-in-law Thomas cave, and Humphrey Dell, Doctor of Physick appointed joint executors of his will and trustees of children 30 December 1740 codicil to said will. only £500 apiece to daughters Will proved Prerogative Court of Canterbury on 26 October 1741 Lease and release of 24 and 25 September 1742 i) John Woodham ii) Francis Jessop, Thomas Cave, Humphrey Dell (guardians of John Hawes, son of said Thomas Hawes) iii) Edward Cobden, Acton, Midddlesex, D.D. i) has called in said mortgage of £200 iii) will advance said amount to ii) so, i) at direction of ii), confirms to iii) ... hereditaments comprised in mortgage of 17 and 18 October 1737 Lease and release of 29 and 30 January 1752 (mortgage in fee) i) John Hawes, Baliel College, Oxford University, gentleman (son of Thomas Hawes, deceased) ii) Edward Cobden said £200 is due to ii) said Thomas Hawes, by bond of 9 October 1738, became bound to Richard Luke, in £100 for repayment of £50 + interest said Thomas Hawes, by another bond dated 21 May 1739 became bound to T Woodward in £400 for repayment of £200 + interest said Thomas Hawes, by bond of 25 April 1740, became bound to Francis Walker, Bedford, gentleman, in £320 for repayment of £160 + Interest Thomas Hawes died without paying off said bonds. Was also considerably indebted to others i) wishes to pay off said debts of his father (except £200 to Edward Cobden) ii) has agreed to lend him £600 and mortgaged premises will also be encumbered with this re-payment interest 5% now, to secure £800 (£600 + £200) i) releases to ii) ... all hereditaments in marriage settlement of 25 and 26 [November]1728 ... Prebend Close 1 acre in St Paul’s on occupation Thomas or John Field ... St Cuthbert’s Close 4 acres in occupation John Thompson ... John Hawes undivided moiety in ... messuage etc. with granaries and warehouses, wharfs belonging, in St Paul’s, late in occupation Thomas Cave, gentleman deceased, and then of Mrs Elizabeth Cave, widow ... Inn adjoining last mentioned messuage in St Paul’s, in occupation Mr James Chamberlain ... Wharf at the bottom of yard belonging to said Inn, as occupied by said Elizabeth Cave ... barns etc. belonging property is free from encumbrances except annuity of £30 payable out of premises in Covington, granted to one William Hawes by said Thomas Hawes, his father (by indenture of 3 June 4 Charles I) and except another annuity of £30 payable out of premises in Covington and out of Prebend and Cuthbert’s Close granted to George Hawes by Thomas Hawes, his father (3 June 4 Charles I) and except said £500 apiece to Thomas Hawes’ daughters said £800 should bear interest at 4½% per annum if paid within 6 months after every ½ year as same should become due and 4% if paid within 3 calendar months Lease and release of 27 and 28 February 1765 (mortgage) i) Edward Cobden, Portsmouth, Hampshire, gentleman (kinsman and heir-at-law of said Edward Cobden, deceased) ii) John Caryer, Potton, draper, Reverend William Lucas, late of Acton, and then of Uxbridge, Middlesex, clerk, Reverend William Croucher, late of Merton College, University of Oxford and then of Quendon, Essex, clerk (executors of will of said Edward Cobden, deceased) iii) John Hawes, Reverend William Smith, Barton, clerk and wife Mary, Reverend Megison Newton, Wilstead, clerk and wife Judith (said Mary and Judith were daughters of said Thomas Hawes, deceased and wife Judith) iv) William Webb, Bedford, draper v) John Simpson, Covington, Huntingdonshire, gentleman £820 was not paid according to proviso in last abstracted indenture. Now due to executors £843..10s ii) has applied for repayment, so v) has agreed to advance it to John Hawes, together with a further sum so, in consideration of £843..10s to ii) paid by v) at request of iii) and in consideration of further sum of £156..10s also paid by v) i) at request of ii) and iii) conveys to v) ... premises as in lease and release of 17 and 18 October 1737 to uses as to moiety of premises in Wootton, to such uses as John Hawes shall grant by will etc. as to premises in Bedford and parishes of Hargrave, Rounds, Covington and Bythorne to use of v) for ever, unless £1000 repaid, etc. Fine of Easter term 5 George III i) William Webb, plaintiff ii) John Hawes, William Smith and wife Mary, Megison Newton and wife Judith; deforciants ... 5 messuages, 3 gardens, 3 orchards, 200 acres land, 20 acres meadow, 70 acres pasture and common of pasture for all cattle in parishes of St Paul, St Peter and St Cuthbert in Bedford ... all tithes of hay, wool, lamb arising from said premises Lease and release of 1 and 2 February 1781 (endorsed on last lease and release) i) John Simpson ii) John Hawes said £1000 and interest not paid by ii) messuage in St Paul’s, at S. end of Angel Street otherwise Sheep’s Cheaping, and several cottages etc. in St Paul’s had been sold by ii) and conveyed by him and i) to purchasers thereof on 11 March 1772 ii) by said William Smith paid to ii) £300 in part of said sum of £1000 and all interest due. on 17 June 1773 ii) paid to i) by said William Smith, £700, residue of said sum + interest but i) had not reconveyed remainder of premises to him now in consideration of £300 and £700, i) conveys to ii) ... property as in previous indenture (except such as had been sold) Lease and release of 11 and 12 March 1781 (mortgage) i) John Hawes ii) John Bradshaw, Nether Crawley Farm, Luton, yeoman consideration £500 ... premises as in indentures of 25 and 26 November 1728 as were situate in Bedford ... Prebend Close and St Cuthbert’s Close, comprised in indentures of 29 and 30 January 1752 interest rate not given Release of 6 April 1782 i) William Smith and wife Mary, Frances Smith, Barton in the Clay, spinster (their daughter) ii) John Hawes by marriage settlement of William and Mary Smith, legacy of £500 bequeathed by Thomas Hawes to Mary, was assigned to trustees. Interest to accumulate until sum became £1000 when it was to be invested, in trust sum is now £1000 which said Frances Smith would be entitled to receive after death of her parents by indenture “of even date therewith” between a) John Hawes b) William Smith and Mary c) Thomas Dove, clerk a) by direction of b) granted to c) ... hereditaments in Hargrave and Rounds in Northamptonshire for 1000 years by way of mortgage to secure payment of said £1000 and interest, in trust for b) now in consideration of £1000 secured by said mortgage, in trust for i) i) discharged ii) and also all estates charged with said legacy Release of 6 April 1782 i) John Newton, Great Newman Street, Oxford Street, Middlesex,coachmaker, son and administrator of Megison Newton, deceased ii) John Hawes by marriage settlement of Megison Newton and wife Judith, dated 1 October 1759, legacy of £500 due to Judith from estate of her late father, Thomas Hawes, was assigned to trustees. Interest to be paid to Megison and Judith. Megison Newton died in January 1780, Letters of administration granted to i), his eldest son by Prerogative Court of Canterbury now in consideration of £500 paid to i) i) discharges ii) and real estate, from said legacy of £500 30 April 1782 Letters of administration of estate of Megison Newton granted by Prerogative Court of Canterbury Lease and release of 28 and 29 June 1786 (marriage settlement) i) John Hawes then of Cardington, gentleman ii) Mary Smith, Cardington, widow (only surviving sister of i)) Frances Smith, her daughter iii) Leonard Hampson, Luton, gentleman iv) Reverend John Smith, Mattishall, Norfolk, Edward Hampson, Westwood, Abbots Langley, Hertfordshire, gentleman, father of iii) marriage proposed between iii) and Frances Smith i) releases to iv) (trustees) ... property in Bedford as in marriage settlement of 25 and 26 November 1728 and 2 closes called Prebend Close and Cuthbert’s Close ( as in indenture of 29 and 30 January 1752) to hold subject to mortgages etc. proviso that after death of i) 2 yearly rent charges of £30 and £30 charged on Prebend and St Cuthberts Closes, and on property in Huntingdonshire, should be payable out of all the estate of John Hawes in Huntingdonshire (and not out of said closes) 2 daughters of said marriage, Frances, wife of Thomas Anderson Rudd, and Mary, wife of Thomas Gibbard, esquire St Cuthbert's Close sold to George Livius for £341..18s Part of Hill Close 1 acre 3 roods sold to trustees of Bedford Charity for £160..17s..6d (reserving a road or cart way of 22´ leading out of Bromham Wood to Hill Close) Lease and release of 11 and 12 March 1789 i) John Bradshaw ii) Leonard Hampson £500 still due to i) on mortgage of 11 and 12 March 1781 i) having occasion for said sum, had applied to ii) to lend it to him, upon having repayment secured upon said premises now i) grants to ii) consideration £500 ... hereditaments as in mortgage of 11 and 12 March 1781 Deed of appointment of 16 July 1811 made by Leonard Hampson ... all lands in settlement of 20 June 1786 and any allotted in lieu under Act of parliament and all lands purchased with money produced by sale of any other lands after death of Leonard Hampson (subject to his life interest under said settlement) appointed to Frances and Mary Hampson, spinsters0 daughters of Leonard Hampson) equally Lease and release of 15 and 16 July 1811 i) said Edward Hampson ii) Leonard Hampson, Frances Hampson. Mary Hampson iii) Reverend Sir John Filmer, East Sutton, Kent, baronet, Richard Gilpin, The Grange, Hocliffe [sic], esquire Frances and Mary have both attained 21 Under Act of Inclosure for Bedford some plots of land had been awarded in lieu of openfield land i) as trustee of the marriage settlement, had sold and disposed of messuage and several of the closes iii) had been chosen as new trustees of said marriage settlement now i) at request of ii) conveys to iii) as new trustees ... Gravel Pit Close 13 acres 2 roods 25 perches ... Anseys Close 9 acres 3 roods 27 perches ... Prebends Close 10 acres 2 roods 30 perches ... The Meadow 7 acres 2 roods 5 perches ... Sadlers Corner Close 9 acres 19 perches all in St Paul’s in Bedford, in occupation William Danes, and (except Prebend Close) allotted as aforesaid ... Further part of Great Hill Close 3 acres 2 roods, then in occupation James Langley ... Hither part of Great Hill Close 4 acres 4 perches then in occupation Samuel Smith once one close called Great Hill Close but had been divided by quickset hedge ... other premises conveyed to trustees in marriage settlement of 28 and 29 June 1786 Articles of agreement of 18 July 1811 i) said Leonard Hampson, Frances Hampson, elder daughter of said Leonard ii) Thomas Anderson Rudd, esquire, Major in Bedfordshire Militia iii) Reverend Sir John Filmer, Richard Gilpin marriage has been agreed between ii) and Frances Hampson agreed that undivided moiety which Frances has by virtue of settlement of 29 June 1786 and deed of appointment of 16 July 1811 in property in the town of Bedford, be settled in trust to uses Articles of agreement of 16 December 1812 i) Leonard Hampson, Mary Hampson, spinster, younger daughter of Leonard ii) John Gibbard, Sharnbrook, esquire iii) Reverend Sir John Filmer, East Sutton Park, Kent, baronet, Richard Gilpin, The Grange, Hockliffe, esquire marriage has been arranged between ii) and Mary Hampson undivided moiety which Mary has by virtue of settlement of 29 June 1786 and deed of appointment of 16 July 1811, to iii) as trustees for uses Counsel is requested to advise on the title on behalf of the purchaser. Opinion: thinks generally it is a good title, although various supporting documents should be obtained. The administrators of the estate of Mr Hampson must either join in the conveyance and discharge the estate from all claim in respect of the mortgage transferred by Bradshaw, or execute a separate release of such claim, and a fine must be levied by Major and Mrs Rudd and Mr and Mrs Gibbard to vest the legal estate in the purchaser Francis Turner, Inner Temple 22 Dec 1824 Deed of covenant of 24 January 1825 i) Thomas Anderson Rudd and wife Frances ii) John Gibbard and wife Mary iii) Sir John Filmer, Richard Gilpin i) and ii) covenant with iii) to levy a fine to iii) of ... Provender Meadow Close 18 acres 35 perches ... Ansey Close 9 acres 3 roods 27 perches ... Gravel Close 13 acres 2 roods 25 perches ... Sadlers Corner 9 acres 19 perches ... Hither Great Hill Close 3 acres 1 rood 8 perches ... piece of ground part of Hill Close 2 roods 36 perches ... Further Great Hill Close 3 acres 2 roods etc. to enure to iii) upon trusts Fine of Hilary term 8 George IV i) Sir John Filmer, Richard Gilpin, plaintiffs ii) Thomas Anderson Rudd and wife Frances; John Gibbard and wife Mary ... 100 acres land, 100 acres meadow, 100 acres pasture, and all tithes and tenths arising out of the premises in parish of St Paul’s, Bedford Note by Still and Rackham, 3 January 1825 Points raised and certificates required, will be settled and provided Mr Turner’s further opinions on the title and their answers 25 and 26 April 1825 lease and release i) Sir John Filmer, Richard Gilpin ii) Thomas Anderson Rudd and wife Frances iii) John Gibbard and wife Mary iv) Robert Elliott, Goldington, esquire v) Thomas Elger, Bedford, builder vi) Theed Pearse senior, Bedford, gentleman, John Hawes was allotted, in place of his common field land in Bedford ... plot of ground in St Paul’s 53 acres 5 perches ... plot in St Peter’s 15 acres 36 perches Leonard Hampson died intestate on 5 March 1824 land, after described, was offered for sale by auction at Swan Hotel, Bedford, at which sale iv) was highest bidder for £1600 subsequently iv) agreed to sell land to v) for £1810 now in consideration of £800 (one moiety of said £1600 paid to them by v) at request of iv)), and with the consent of ii) ... moiety in said Articles of Agreement of 18 July 1811 in said piece land after mentioned to remain to uses and upon trusts also in consideration of other moiety to iii) etc. also in consideration of £210 to iv), i) at direction of iv), and with consent of ii) and iii) etc. did convey etc. to v) ... Sadlers Corner 9 acres 19 perches part situated in parish of St Paul, and is part of allotment in said parish containing 53 acres 3 perches allotted to John Hawes deceased at enclosure residue 5 acres 10 perches is situated in parish of St Peter and is part of allotment containing 15 acres 36 perches awarded to said John Hawes at the enclosure NW. and N John Thomas Dawson, esquire in St Paul’s (part of 1st allotment) E. Mr John Parker, in St Peter (part of allotment of 15 acres 36 perches) S. and SW. Bromham to Clapham turnpike road to hold to v) on trust, vi) being trustees, to preserve contingent remainders Deed of covenant to produce title deeds of 26 April 1825 i) Thomas Anderson Rudd, John Gibbard ii) Robert Elliott iii) Thomas Elger i) covenants to produce deeds in 1st schedule ii) covenants to produce deeds in 2nd schedule 1st schedule 25 and 26 November 1728 29 and 30 January 1752 27 and 28 February 1765 1 and 2 February 1781 6 April 1782 (2) 3 April 1782 16 July 1811 18 July 1811 16 December 1812 2nd schedule 17 and 18 October 1737 24 and 25 September 1742 11 and 12 March 1781 28 and 29 June 1786 11 and 12 March 1789 17 October 1791 29 September 1796 15 and 16 July 1811 25 January 1825 Fine of Hilary term, 5 and 6 George IV
  • Reference
  • Level of description
    item