X948/2/HAR/1/19

Abstract of title of the Trustees of the Settled Estates of Sir Edmund Filmer MP to land in Harlington (freehold lot 4) [for sale particulars see X948/2/HAR/1/18]

1870

From: 1795 To: 1870

(I) Indentures of bargain and sale and release dated 12 & 13 October 1835 Parties: (i) Sir Edmund Filmer of East Sutton Park, Kent and Dame Helen his wife (ii) Henry Lewin of Lincoln’s Inn, gentleman Reciting: - lease and release of 30 & 31 January 1795 being marriage settlement for John Filmer and Charlotte Portal, settling property of which Sir John Filmer had become tenant in tail male under will of his uncle Beversham Filmer through common recovery in Trinity Term 1784[Z1093/2/15] - Will of Sir John Filmer dated 11 March 1795 reciting bargain and sale of 28 June 1784 and associated common recoveries, and marriage settlement above - appointed estates in Kent and Herts which were not described in indentures of 14 & 15 April 1757 to uses described in indenture of 28 June 1784, that is to use of his sons by his wife Dame Dorothy Filmer in tail mail, with remainders to use of sons of any subsequent wife in tail male, then to use of Beversham Filmer his first younger brother, then to sons of Beversham Filmer, then to second younger brother Edmund Filmer, then to use of nephew John Filmer (afterwards Sir John Filmer) and his sons in tail male, then to use of nephew William Filmer (2nd surviving son of testator’s brother Edmund Filmer) and his sons in tail male, then to use of Edmund Filmer (3rd surviving son of Edmund Filmer) and his sons in tail mail, with various remainders over. - after decease of testator’s brother Edmund Filmer manors and hereditaments in Herts devised and appointed to use of William Deedes and testator’s nephew Filmer Honywood for 100 years, in the meantime to the use of testator’s brother Francis Filmer for life in trust, with remainder to use of testator’s nephew John Filmer, with remainder to same uses after death of John Filmer as for property in Kent after decease of testator’s brother Edmund Filmer. Appointed that term of 100 years limited in use to William Deedes and Filmer Honywood on trust after the death of Rt Honorable Lady Robert Bertie (since deceased) who was then a jointress to use of nephew John Filmer on the property by rents or mortgage or sale to raise and pay to testator’s nephew Robert Filmer (since deceased) £100 p.a. and to nephew’s William Filmer and Edmund Filmer and niece Ann Filmer (youngest of two daughters of brother Edmund Filmer) £50 p.a. for life. - devised farm at Leagrave in Luton occupied by Jeremiah Smith which he had purchased from Thomas Strange in 1793, with cottages purchased of [blank] Chase, to use of nephew John Filmer for life, with same remainders as for Hertfordshire estates - residue of estate to wife Dame Dorothy Filmer and brother Francis Filmer in trust to pay several legacies, then in trust as set out for property in Kent (except for his Mansion House and Park at East Sutton) - Death of Sir John Filmer in February 1797 without issue - Death of Sir Beversham Filmer (younger brother of testator above) in December 1805 without issue - Death of Sir Edmund Filmer (2nd younger brother of testator above) in June 1810, leaving eldest son Sir John Filmer (nephew of testator) as heir - Death of Francis Filmer (3rd younger brother of testator above) in December 1807 without issue - Death of William Filmer (2nd son of testator’s brother Edmund Filmer) on 17 July 1830 without issue - Death of Edmund Filmer (3rd son of testator’s brother) on 30 March 1810, leaving surviving son and heir Edmund Filmer, party (i) to this indenture. - Death of Sir John Filmer (1st son of testator’s brother) on 15 July 1834 without issue, leaving his nephew Sir Edmund Filmer as heir at law and tenant in tail male in possession of testator’s estates in Beds, Herts and Kent - Death of Charlotte, wife of Sir John Filmer, many years previously - Death of testator’s nephew Robert Filmer in May 1824 - Marriage of testator’s niece Ann Filmer to William Lewis and subsequent widowhood. - Majority of age 21 attained by Sir Edmund Filmer (party to this deed)on 14 June 1830 Operative part: - to bar his estate tail Sir Edmund Filmer granted and released all remainders etc. - to bar dower Sir Edmund Filmer released (a) and (b) to (ii) Property: (a) piece of rough pasture land in the parish of Harlington known as Rough Pasture containing 5a 0r 39p, then in the occupation of [blank] Stone, the W corner being at the junction of the roads from Sharpenhoe and Sundon. (b) All other property wherein (i) had estate in tail male lying in Luton, Leagrave, limbury, Toddington, Streatley Harlington, or elsewhere in Bedfordshire, together with all houses, etc. tithes, glebe lands, woods, mines, free chase, free warren, fishing, ways, waters, commons, wastes, courts leet, court baron, customary court etc. Habendum: - (ii) to hold to uses of any trusts or any appointments made by Sir Edmund Filmer - to use of Sir Edmund Filmer for life - to use of (ii) during joint lives of (i) - in trust for Sir Edmund Filmer during joint lives of (i) - to use Sir Edmund Filmer and his heirs for ever Enrolled in Chancery 13 November 1835 (II) Will of Sir Edmund Filmer dated 21 February 1835, bequeathing to wife Dame Helen Filmer all his property and appointing her executrix. (III) Codicil dated 30 December 1856 to will of Sir Edmund Filmer of 21 February 1835 declaring it to be his intention to revive that will (IV) Death of Sir Edmund Filmer on 8 January 1857 leaving son Edmund, the present baronet (born 11 July 1835) (V) Probate of (II) and (III) granted in PCC to executrix Dame Helen Filmer (VI) Indenture of settlement dated 18 November 1857 Parties: (i) Dame Helen Filmer of East Sutton Place, widow (ii) Sir Edmund Filmer of the same place (iii) Rev John Filmer Anstey of Ampney Circus, Gloucs and Henry Lucas Bean of Ashcott, Somerset (iv) David Arthur Monro, Major in HM Army and Charles Vinall of Birling Place, Maidstone, Kent Reciting: - (II), (III) and (IV) above - testator in (II) left four surviving children: (ii), daughters Emilia Filmer and Helen Filmer the younger (all over age 21), and Arthur Filmer who died under age 21 on 15 February 1857 Operative part: - (i) out of natural love and affection for her children for nominal consideration of 5s granted (a) to (iii) Property: (a) All property in Kent, Beds, Herts, Middx, London and Essex devised to her by her late husband Habendum: - (iii) to hold to uses declared below - (i) to receive £1200 p.a rent charge, payable quarterly - to use of (iv) for term of 1000years for trusts as declared - to use of (ii) for life with a limitation - to use of (iii) during life of (ii) - in trust to support contingent uses with remainders to heirs male of (ii), with remainders as listed to daughters of (ii) and sisters of (ii) and their heirs Declaration: - the trusts of term of 1000 years limited to (iv) were first to better secure annuity payment to (i) and then to raise portions of £15000 each for Emilia Filmer and Helen Filmer the younger - proviso to raise additional portions in future with conditions - power for (ii) to jointure - power for Emilia Filmer and Helen Filmer the younger to make provision for husbands with conditions - power for (ii) and his two sisters to charge property with portions for children subject to maximum figures - power of sale of any part of (a) by (iii) with assent of (ii) for his life or subsequently with assent of the tenant for life - power to appoint new trustees - covenant by (i) for further assurance - power of revocation by (i) and (ii) jointly during their joint lives of all uses, trusts etc except where necessary to raise and pay portions of £15000 to sisters Emilia and Helen (VII) Indenture dated 20 October 1858 Parties: (i) Dame Helen Filmer (ii) Dame Helen Filmer (as above) and Sir Edmund Filmer (iii) Mary Georgiana Carolina Hill, spinster, one of the daughters of the Hon Arthur Marcus Cecil Hill (commonly called Lord Marcus Hill), aged 20 or thereabouts and her father Lord Marcus Hill (iv) John Filmer Anstey and Henry Lucas Bean Reciting: - marriage agreed between Sir E Filmer and M G C Hill with consent of Lord Marcus Hill - joint power of revocation and new appointment had not been exercised by (ii) Operative part: - indenture (VIII below) and settlement and assurance(s) made concerning (a) confirmed by (i) - powers of revocation and new appointment belonging to (ii) released and quitclaimed to (iv) Property: (a) several manors, freehold and other property contained in the within written indenture with rights, royalties and appurtenances Habendum - (iv) to hold for ever - powers of appointment of (ii) to cease (VIII) Indenture dated 20 October 1858 Parties: (i) Sir Edmund Filmer (ii) Mary Georgina Carolina Hill and Lord Marcus Hill (iii) Colonel the Hon. Alexander Nelson Hood of Cumberland Lodge, Windsor, Berks, and Rev Philip Menzies Sankey of High Clear Parsonage, Newbury, Berks (iv) Lord Arthur Edwin Hill of Belgrave Square, Middx, and William Steward Ferrers of Lincolns Inn Reciting: - marriage between (i) and M G C Hill agreed upon - VI above - (i) to exercise powers of jointuring and charging with portions for younger children given to him by (VI), taken in conjunction with (VII) above Operative part: - (i) appoints to use of M G C Hill for life an annual sum of £1200 following death of (i), chargeable on (a) and as a jointure in full satisfaction of dower or freebench - (i) with privity of (ii) appointed (a) to the use of (iii) Property: (a) all manors and freehold property in counties of Kent, Bedford, Hertford, Middx or London, Essex and elsewhere assured by indenture (VI) above excepting capital mansion, house, park and lands at East Sutton Habendum: - (iii) to hold (a) without prejudice to provisions of (VI) including rent charge of £1200 to Dame Helen Filmer - to the use of (iii) for 100 years following death of (i) in turst for better securing rent charge of £1200 to M G C Hill - term of 100 years to become void on decease of M G C Hill (IX) Indenture of mortgage dated 28 February 1861 between (i) Sir Edmund Filmer MP and (ii) John Tasker of Dartford, Frederick Neame of Macknade near Feversham, Henry Kingsford of Littlebourne, Thomas Franklyn of Cobtree near Maidstone, and William Thomas Steinmetz of Tovil House near Maidstone. Loan of £5000 at 5% interest made by (ii) to (i) for term of 100 years, secured on all manors and freehold property in several counties as listed above and any other property included in will of Sir Edmund Filmer deceased (II) comprised in indenture (VI) above. Mortgage to be without prejudice to yearly rent charge of £1200. Solicitor’s notes: “Subject to the following observations it appears to me that a little is made out to lot 4 which under the conditions of sale the purchaser is bound to accept. 1.Sir John Filmer the testator of 1795 by the residuary devise in his will gave his reversion in fee in the Bedfordshire property to his wife Dorothy and his brother Francis in fee upon trust to sell for payment of legacies and to settle the unsold parts thereof to the same uses as the Kent estates. It does not appear that any settlement was made in pursuance of this trust and as the reversion did not fall in till 1834 and the disentailing deed of 1835 does not mention any it is probable that no such settlement was made and the legal estate requires to be traced. If Francis survived his co-trustee it probably descended to Sir Edmund Filmer who executed the disentailing deed but if Lady (Dorothy) Filmer was the survivor it is still outstanding in his heir at law and should be got in. 2. What evidence is there that lot 4 is tithe free. It does not appear to be mentioned in the 7th condition of sale. 3. The certificate of redemption of land tax should be produced or the statutory declaration referred to in the 7th condition of sale should be made. 4. The persons who will be required to join in the conveyance will be 1. Messrs Anstey and Bean the trustees having the power of sale under the settlement of 18 Nov 1857, 2. Sir Edmund Filmer whose consent is necessary to the execution of the power, 3. Messrs Monro and Vinall the trustees of the 1000 years term, 4. The mortgagees of Sir E Filmer’s life estate, 5. The present Lady Filmer for the purpose of releasing her jointure under the settlement of 20 Oct 1858 and 6. Her jointure trustees. 5. The 4th condition stipulates that the vendors being trustees for sale shall not enter into any other covenant than that they have not incumbered. This of course does not apply to Sir Edmund Filmer who is beneficially entitled and must covenant for title. The limitations in the deed of 18 Nov 1857 give him an estate in tail male and not a life estate merely. 6. Who will be the parties covenanting for production of deeds. C.C.Hawkins, 14 June 1870”

item

Filmer, Edmund,
Filmer, Helen,
Lewin, Henry,
Filmer, John,
Filmer, William,
Portal, Charlotte,
Filmer, Charlotte,
Filmer, Beversham,
Filmer, Dorothy,
Deedes, William,
Honywood, Filmer,
Filmer, Francis,
Bertie, Robert,
Filmer, Ann,
Smith, Jeremiah,
Strange, Robert,
Chase,
Anstey, John Filmer,
Bean, Henry Lucas,
Monro, David Arthur,
Vinall, Charles,
Filmer, Emilia,
Filmer, Arthur,
Hill, Mary Georgiana Carolina,
Hill, Arthur Marcus Cecil,
Hill, Marcus,
Hood, Alexander Nelson,
Sankey, Philip Menzies,
Hill, Arthur Edwin,
Ferrers, William Stewart,
Tasker, John,
Neame, Frederick,
Kingsford, Henry,
Franklyn, Thomas,
Steinmetz, William Thomas,
Hawkins, C C

HARLINGTON, LEAGRAVE, Harlington fields, Lincolns Inn, Kent, East Sutton, Hertfordshire, Anstey Circus, Maidstone, Somerset Ashcott, Windsor, Newbury, Belgrave Square, Dartford, Feversham, Littlebourne, Cobtree, DEEDS, marriage settlements, mortgages, wills, army officer, parochial clergy, out county Members of Parliament, solicitor