Scope and Content
Assignment of term of years
Parties:
(i) Margaret Kinaston and Anne Kinaston both of Shrewsbury [Shropshire], spinsters, executrices of the will of Margaret Kinaston of Kington of the Eleven Towns [Shropshire], widow who was sole executrix of the will of Edward Kinaston, late of the Exchequer Office of Kington, the surviving executor of Thomas Middleton of Lincoln’s Inn [Middlesex], gentleman;
(ii) Thomas, 2nd Viscount Hampden;
(iii) John, 6th Duke of Bedford;
(iv) William George Adam of Lincoln’s Inn, esquire
Reciting:
- R6/7/1/1;
- the intended marriage between Thomas Trevor and Elizabeth Burrell took place and Elizabeth died on 29 July 1716 without a son but leaving a daughter Elizabeth, later Duchess of Marlborough who became entitled to a portion of £10,000 raised under trusts for 1,000 years;
- R6/7/1/2;
- death of Thomas, 1st Baron Trevor in 1730, leaving four sons with the title Baron Trevor descending to his eldest son Thomas;
- Thomas, 2nd Baron Trevor died in 1753 without issue, being succeeded by his eldest brother John;
- “An Act for discharging John, Lord Trevor, executor of Thomas, Lord Trevor, deceased from the sum of eight thousand eight hundred pounds agreed by the said Thomas, Lord Trevor to be laid out in the purchase of lands and for confirming the application made by the said John, Lord Trevor of the said eight thousand eight hundred pounds towards the discharge of ten thousand pounds charged on the Manor of Bromham and other estates late of Thomas, Lord Trevor in the County of Bedford” freeing lands in Bromham and Stagsden from £8,800 part of the portion secured for Elizabeth, Duchess of Marlborough but remaining subject to raising £1,200 residue of the duchess’ portion to Samuel Grubb of Saint Clement Danes [Middlesex], esquire with 4% interest and settling the estates on Grubb for the residue of the original term of 1,000 years, the term becoming void on payment of the £1,200 and interest to Grubb;
- death of John, 3rd Baron Trevor in 1764 without a male heir on which his title descended to his brother Robert;
- R6/7/1/3;
- indenture of 5 April 1769 between (1) Samuel Grubb and (2) Thomas Middleton reciting that the £1,200 remained owing to (1) and witnessing that (2) gave £1,200 to (1) and (1) assigned the manors of Bromham and Stagsden to (2) for the residue of the term of 1,000 years;
- Thomas Middleton acknowledged that the sum of £1,200 was the proper money of (ii);
- deed poll of (ii), Robert, 4th Baron Trevor and Thomas Middleton of 24 December 1773 in which it was acknowledged that in consideration of £1,200 paid by Robert, Baron Trevor to (ii) , (ii) assigned to Robert Baron Trevor all his right in the money and interest ;
- Robert, 4th Baron Trevor was created 1st Viscount Hampden and R6/7/1/4;
- proof of the will of Robert, 1st Viscount Hampden in PCC;
- R6/7/1/6-7;
- Thomas Middleton died in January 1777 having appointed Edward Kinaston and Thomas Wallay Partington as his executors and who proved his will in PCC on 24 January 1777;
- Thomas Wallay Partington died in April 1779 at Offham, Hamsey [Sussex];
- Edward Kinaston died in April 1792 having appointed his wife Margaret Kinaston sole executrix who proved his will in PCC in July 1792;
- Margaret Kinaston died in May 1806 having appointed her daughters (i) as executrices who proved her will in PCC in July 1806 and this made themselves the legal representatives of Thomas Middleton;
- (a)-(b) in R6/7/1/7 were now vested in (i) for the residue of 1,000 years and the sum of £1,200 was now no longer a charge on the property so (i), at the request of (ii) agreed to vest the property in (iv) for the unexpired residue of 1,000 as trustee to attend the inheritance
Operative Part:
- (iv) paid 10/- to (i);
- (i), at the request of ii and by nomination of (iii) assigned to (iv) (a)-(b) in R6/7/1/7
Habendum
- to (iv) for the residue of the term of 1,000 years in trust for (iii)
Witnesses:
- A. Humphrey of Shrewsbury;
- William Coupland of Shrewsbury;
- John Ellman;
- Robert Cole;
- Thomas Pearce Brown of Norfolk Street [Middlesex]