Scope and Content
Abstract of the title of the trustees under the marriage settlement of Mr. and Mrs. Alexander Sharman to an estate at Clapham in the County of Bedford
(I) Lease and Release of 16-17 July 1813
Parties:
(i) George, 3rd Earl of Ashburnham;
(ii) William Danes of Bedford, yeoman;
(iii) Thomas Green of Kingsthorpe Lodge, Kingsthorpe [Northamptonshire], gentleman;
(iv) John Sheppard of Northampton, gentleman
Reciting:
- deed to lead to the uses of a fine of 23 March 1813 between (1) George, Earl of Ashburnham and Charlotte, his wife; (2) Hugh Percy, 2nd Duke of Northumberland and Peter Burrell, 1st Baron Gwydyr; (3) William Martin Forster, gentleman and a fine of Hilary Term in which (a)-(h) was conveyed to (3) in trust for (1)
- an auction at the Swan Hotel, Bedford on 25 November 1812 on behalf of (i) for selling (a) at which (iii) was the highest bidder for Lots 11, 30 and 34 for £7,000, which it was agreed to reduce to £6,910/16/- due to overestimates of measurement of the lots; and (ii) was the highest bidder for Lot 35 at a price of £3,040 reduced to £2,730/8/-;
- (iii) had agreed to sell his interest in Lot 11 to (ii) for £2,980 and to buy Lot 35 from (ii) for £1,870 meaning (ii) was to pay purchase money of £5,801/4/- exclusive of the timber which it was agreed should be valued at £46/5/- making a final sum of £5,847/9/-;
- (iii) wanted the land conveyed to (iv) as trustee
Operative Part:
- (iii) paid £5,847/9/- to (i);
- (iii) paid 5/- to (i)
- (i), by direction of (iii), conveyed and (ii) released (a)-(h) to (iv)
Property:
(a) close of land in Clapham of 7 acres and called The Pen;
(b) close in Clapham of 10 acres, 2 roods called The Two Acre Close and Gales Close;
(c) close of land in Clapham called 4 acres, 1 rood, 3 poles and called Coalsea Close;
(d) close of land in Clapham of 8 acres, 2 roods, 18 poles called Home Close;
(e) close of land in Clapham containing 9 acres, 2 roods, 13 poles called Milton Close;
(f) close of land in Clapham containing 11 acres, 2 roods, 13 poles and called Taylor’s Close, previously three closes called Great Taylor’s Pightle, Middle Taylor’s Pightle and Taylor’s Pightle;
(g) close of land in Clapham of 4 acres, 27 poles called Furlong in Six Acres
(a)-(g) formerly in the occupation of Thomas Stuart, total 55 acres, 2 roods, 34 poles
(h) great tithes of corn, hay and wood
Habendum
- to (iv) to the use of purposes directed by (iii); to the use of (iii) for his life; to the use of (iv) during the life of (iii) in trust for (iii); to the use of (iii) for ever
(II) Covenant to produce deed of 17 July 1813 from
(i) George, Earl of Ashburnham to (ii) Thomas Green to produce:
- letters patent of 30 March 1545 to Henry Audley and John Maynerd, gentleman of the Rectory of Clapham ;
- agreement of 15 October 1705 (1) John, 1st Baron Ashburnham and William his son and heir; (2) Ursula Taylor, widow and executrix of Thomas Taylor and Catherine Taylor, an infant, their daughter;
- lease and release of 1-2 March 1705 (1) Ursula Taylor; (2) John, Baron Ashburnham
- lease and release of 28-29 May 1708 (1) John, Baron Ashburnham; (2) Ursula Taylor; William Ashburnham and Catherine, his wife (formerly Catherine Taylor); (3) Edward Southwell, esquire; Sir Richard Hoare;
- fine of Trinity 1 Anne between Edward Southwell and Sir Michael Hoare, plaintiffs and William Ashburnham and Catherine, his wife, deforciants;
- will of John, Baron Ashburnham of 7 November 1709;
- lease and release of 18-19 August 1723 (1) Edward Southwell; (2) John, 3rd Baron and 1st Earl Ashburnham;
- lease and release of 22-23 November 1723 (1) John, Baron Ashburnham; (2) Bertram Ashburnham; (3) Bryan Fairfax and John Middleton, esquires; (4) Edward Southwell and Richard Waring;
- common recovery of Hilary 10 George I between Bryan Fairfax and John Middleton, demandants, Edward Southwell and Richard Waring, tenants and John, Baron Ashburnham first vouchee and Bertram Ashburnham second vouchee;
- bargain and sale of 9 May 1751 (1) John, 2nd Earl of Ashburnham; (2) Nicholas Coulthurst, gentleman; (3) Matthew Lamb, esquire;
- common recovery of Easter 1751 between Matthew Lamb, demandant, Nicholas Coulthurst tenant and John, Earl of Ashburnham vouchee;
- lease and release of 18-19 June 1756 (1) John, Earl of Ashburnham; (2) Theodosia Crowley, widow and Elizabeth Crowley, spinster; (3) Thomas Pelham-Holles, 1st Duke of Newcastle and Henry Fiennes Pelham-Clinton, Earl of Lincoln; (4) Wilmot Vaughan and William Varey, esquire; (5) Sir William Stanhope, KB and John Sharpe, esquire; (6) Percy Wyndham O’Bryen and John Offley, esquire;
- Act of Parliament of 1764 for vesting his Bedfordshire estates in the Earl of Ashburnham in fee simple;
- lease and release of 21-22 July 1793 (1) John, 2nd Earl of Ashburnham; (2) George Ashburnham, later 3rd Earl; Algernon Percy, 1st Earl of Beverley and Charlotte Percy his eldest daughter; (4) Hugh, 2nd Duke of Northumberland, Sir Peter Burrell, later 1st Baron Gwydyr and Robert Vyner the younger, esquire;
- probate of 10 November 1807 of the will of John, Earl of Ashburnham;
- lease and release of 1812 (1) George, 3rd Earl of Ashburnham and Charlotte, his wife; (2) Hugh, Duke of Northumberland and Peter, Baron Gwydyr;
- indenture of 22-23 March 1812 (1) George, Earl of Ashburnham; (2) Hugh, Duke of Northumberland and Peter, Baron Gwydyr; (3) William Martin Forster, gentleman;
- fine of Hilary 53 George III between William Martin Forster, plaintiff and George, Earl of Ashburnham, deforciant
(III) Lease and Release of 14-15 April 1819
Parties:
(i) Thomas Green;
(ii) John Sheppard;
(iii) William Smith of Northampton, gentleman
Reciting:
- (I)
Operative Part:
- (iii) lent £2,400 to (i) on security of (a)-(h) in (I);
- (iii) paid 10/- to (ii)
(IV) Assignment of Mortgage of 11-12 July 1823
Parties:
(i) William Smith;
(ii) Thomas Green;
(iii) William Long
Reciting:
- (I);
- (III);
- £2,400 was still owing on the mortgage but all interest had been paid
Operative Part:
- (iii) paid £2,400 to (i) by direction of (ii);
- (ii) borrowed an additional £600 from (iii);
- (i), by direction of (ii), conveyed the mortgage security to (iii)
(V) Marriage Settlement of 15 September 1828
Parties:
(i) Irene Pearce of Wellingborough [Northamptonshire], spinster;
(ii) Alexander Sharman of Wellingborough, solicitor;
(iii) Matthew Pearce of Glasgow, esquire; Mark Sharman of Wellingborough, gentleman; Eric Rudd the younger of Lincoln’s Inn [Middlesex], esquire
Reciting:
- intended marriage between Alexander Sharman and Irene Pearce
Operative Part:
- (i), with the consent of (ii) assigned certain monies to (iii) in trust
Proviso:
- for (iii), with the consent of (i) and (ii), to sell
(VI) Lease and Release of 20-21 December 1829
Parties:
(i) Sir William Long;
(ii) Thomas Green;
(iii) Alexander Sharman and Irene, his wife;
(iv) Matthew Pearce, Mark Sharman and Eric Rudd
Reciting:
- (I)
- (V);
- the sums of £2,400 and £600 were still outstanding but all interest had been paid;
- (iv), with the approval of (iii) had contracted to purchase (a)-(h) for £4,990 and pay off the mortgage;
Operative Part:
- (iv), by direction of (iii), paid £3,000 to (i);
- (iv), by direction of (iii) paid £1,990 to (ii);
- (i), by direction of (ii) released and (ii) released (a)-(h) to (iv)
Property:
(a) close of land in Clapham of 7 acres and called The Pen;
(b) close in Clapham of 10 acres, 2 roods called The Two Acre Close and Gales Close;
(c) close of land in Clapham called 4 acres, 1 rood, 3 poles and called Coalsea Close;
(d) close of land in Clapham of 8 acres, 2 roods, 18 poles called Home Close;
(e) close of land in Clapham containing 9 acres, 2 roods, 13 poles called Milton Close;
(f) close of land in Clapham containing 11 acres, 2 roods, 13 poles and called Taylor’s Close, previously three closes called Great Taylor’s Pightle, Middle Taylor’s Pightle and Taylor’s Pightle;
(g) close of land in Clapham of 4 acres, 27 poles called Furlong in Six Acres
(a)-(g) formerly in the occupation of Thomas Stuart
(h) great tithes of corn, hay and wood
Habendum:
- to the use of (iv) for ever upon trust subject to the powers and provisos in (V)
(VII) Death of Irene Sharman on 5 February 1838
(VIII) “I have perused this Abstract and assuming the prior Title to be free from objection, I am of opinion a good Title is Shewn by this Abstract from the period at which it commences. I presume there has been no commutation of the Tithes, but inquiry W be made if that is so. The Purchaser will be entitled to a Covenant for the period of the Settlement of the 15th September 1828. 18 December 1848”
(IX) “Under the Tithe Commutation award the Great Tithes have been commuted for a rent charge of £6/5/-“
(X) “By Vicarial the Treat Tithes are sold with the Estate”.