Reference
R6/9/1/1
Title
Abstract of Title
Date free text
1863
Production date
From: 1861 To: 1863
Scope and Content
Abstract of Title of the Bedford and Cambridge Railway Company to two pieces of land in Cardington - Number 6 on the company’s deposited plans
(I) Indenture of 27 December 1861
Parties:
(i) Joseph Twitchell Valentine of Stony Stratford [Buckinghamshire], butcher;
(ii) Bedford and Cambridge Railway Company
Reciting
- lease of 23 August 1824 from (1) Rev. John Parker BD, Master of the Hospital of Saint John the Baptist, Bedford to (2) Theed Pearse of (a) close of land in Cardington containing 3 acres, 23 poles during the natural lives of John Pearse, John Brereton and Charles Brereton;
- lease and release of 16-17 April 1830 from (1) Theed Pearse to (2) Benjamin Twitchell of Cople, farmer for £255 of (a) close of land in Cardington containing 3 acres, 23 poles during the lives of John Pearse, John Brereton and Charles Brereton;
- will of Benjamin Twitchell of 9 February 1833 appointing his nephews Thomas Brown and Robert Brown as executors and devising to them (a) close of land in Cardington containing 3 acres, 23 poles as trustees to the use of Joseph Twitchell Valentine for life remainder to his children;
- some of the children of Joseph Twitchell Valentine were minors;
- Benjamin Twitchell died on 24 April 1833 and his will was proved in PCC on 19 July 1833;
- Bedford and Cambridge Railway Act 1860;
- (ii) had contracted to purchase (a) under the lease of 1824 from (i) for £280;
- (ii) had paid £280 into the Bank of England with the consent of the Accountant General of Chancery into the Chancery account ex parte Bedford and Cambridge Railway Company
Operative Part
- (i) conveyed (a) to (ii)
Property:
(a) close of land in Cardington containing 3 acres, 23 poles
Habendum
- to (ii) during the lives of John Pearse, John Brereton and Charles Brereton
Covenant
- by (ii) to indemnify (i) in respect of the payment from 25 March 1861 of annual rent of 45/- reserved by the lease of 1824
(II) Conveyance of 27 February 1862
Parties:
(i) Rev. Henry Pearse, Master of the Hospital of Saint John the Baptist, Bedford;
(ii) Bedford and Cambridge Railway Company
Reciting
- recitals of lease of 1824, Bedford and Cambridge Railway Company Act 1860 and assignment of 1861 as in (I) above
Operative Part:
- (i) conveyed (a) to (ii) for £270
Property:
(a) close of land in Cardington
(III) Redemption of Land Tax of 15/- by Thomas Aston, esquire and Rev. Anthony Danvert, commissioners on 31 July 1806
(IV) Conveyance of 16 December 1862
Parties:
(i) Mayor and Alderman of the Borough of Bedford;
(ii) Talbot Barnard of Bedford, banker; Thomas Barnard of Bedford, banker;
(iii) Bedford and Cambridge Railway Company
Reciting:
- (i) were entitled to equity of redemption of (a)-(c) under a mortgage of 1 July 1850 to Thomas Barnard[see R6/9/1/2];
- will of Thomas Barnard of 14 October 1852 appointing his sons Talbot Barnard and Thomas Barnard as his executors and devising all real estate that he held as mortgagee to them;
- Thomas Barnard died on 3 June 1853 and his will was proved in PCC on 29 June 1853;
- the mortgage sum of £1,950 was outstanding but all interest had been paid;
- Bedford and Cambridge Railway Act 1860;
- it had been agreed that (ii) would purchase (a) for £491 and (b)-(c) for £40 in partial redemption of the mortgage
Operative Part:
- (iii) paid £531 to (ii) by direction of (i);
- (ii) conveyed (a)-(c) to (iii)
Property:
(a) land of 2 acres, 3 roods, 20 poles in Cardington allotted by (i) by the inclosure award for Cardington of 15 July 1808 and described as containing 2 acres, 3 roods, 28 poles but actually containing 2 acres, 3 roods, 20 poles;
(b) two pieces of land containing together 16 poles and being part of the bed of the River Great Ouse;
(c) land of 37 poles adjoining the River Great Ouse in Goldington and part of which formed the tow path
Habendum
- to (iii) discharged from the mortgage of 1850
Observations:
“I have perused this Abstract on behalf of the trustees of the will of the late Duke of Bedford the intended purchasers”
“As to No. 6 Cardington”
“The title appears to be well deduced to the Company, from the Award of 15th July 1808 (Back of p. 1) downwards. No doubt the lease of 23rd August 1824 (p. 1) was under the Common Seal of the Master and Co-Brethren”.
“The valuation referred to at p. 2 should be produced. I suppose there was also a valuation of the reversion and this should be produced”.
“As to No. 7 Cardington [R6/9/1/2]”
“The title should be verified by production of an extract from the award of the mortgage of the 1st July 1850 and of the probate or an office copy or extract from the will of Thomas Barnard. This will I think be sufficient deduction of title”.
“It is not shown that the will of Thomas Barnard, which contained a general devise of trust estates to his sons, also devised to them estates vested if the testator by way of mortgage. Some further investigation must be made before it can be assumed that the legal estate passed to the Company by way of conveyance from the Messrs Barnard”.
“I presume that the lands purchased from the Corporation of Bedford were valued under the 9th section of the Lands Clauses Consolidation Act [1869]. The valuation should be produced”.
“As to both the pieces of land (Nos 6 and 7) it should be seen that they are offered to the parties entitled to the lands from which they were severed (i.e. the Hospital and the Corporation) under the 128th section of the Lands Clauses Consolidation Act so as to exclude the right to pre-emption”
“I have prepared the Draft Conveyance on the assumption that the points above noticed will be satisfactorily dealt with”.
“Jacob Waley Lincoln’s Inn 29 May 1862”
Level of description
item