Bedfordshire Archives Service Catalogue
  • Reference
    HT1/7/24
  • Title
    Abstract of title, with case and legal opinion: "Abstract of title to a house in Angel Street, Bedford, in the occupation of Miss Bletsoe, late the estate of Mr. John Steward, a Bankrupt"
  • Date free text
    abstract made c.1765
  • Production date
    From: 1722 To: 1770
  • Scope and Content
    Abstracts:- A. Will of Barnardiston Riseley, dated 2 February 1722/3 [for fuller details, see original will proved in Archdeacon's Court, Bedford, ref: ABP/W1725-6/81] - to daughter Judith Riseley, the premises in Angel Street which she had purchased of Thomas Markes, in tail general to neice Rebecca Stewart, and with remainder in fee to nephew Nathaniel Mason. B. Deed to lead the uses of recovery to bar entails (bargain and sale) 15 November 1738 i) Judith Riseley ii) John Welles, gentleman iii) Edward Grubb, gentleman To make iii) tenant to the freehold of the premises until a common recovery should be suffered to the use of i) and heirs. C. Exemplification of a Common Recovery. Michaelmas 12 Geo II [1738] i) John Welles, demandant ii) Edward Grubb, tenant iii) Judith Riseley and Jacob Morland, vouchees - 3 messuages, 1 malthouse, 2 gardens, 1 acre of land, in St. Paul's, Bedford, and in Bedford D. Will of Judith Riseley, dated 27 November 1738 [for fuller details, see original will proved in Archdeacon's Court, Bedford, ref: ABP/W1739-40/88] - to Thomas Vincent and said John Welles, premises above and all other real estate for 99 years from her decease on trusts declared in her will, and after the expiration of the term, she devised the messuage in Angel Street to her cousin, John Stewart, in tail general with the remainder to her cousin, Nathaniel Mason in fee, and all her other messuages, tenements and malthouse in Bedford and elsewhere to Nathaniel Mason and his heirs. Trustees to raise sufficient money by sale or mortgage of the premises to pay funeral expences and legacies that are not covered by personal estate. Trustees to hold premises to attend the inheritance etc., and to make leases of the premises during the minorities of cousins Stewart and Mason Trustees to pay legacies as follows:- - to servant Lidia Wright if living with her at her death, £100 and £10 for mourning, and such of her wearing apparel, linen and household goods as she shall desire - to the Reverend Mr. Ebenezer Chandler, £20 - to the Reverend Mr. Sanderson, £10 - to said Thomas Vincent, £50 for his own use and £20 for the poor of the Meeting at Bedford - to John Saville, £20 - to said John Welles, £50 for his own use, and £20 to such poor persons as he shall think fit. - appoints Thomas Vincent and John Welles as executors, and gives them £10 each for mourning E. Codicil to will above, dated 22 December 1739 - to John Saville of Biddenham, £20 besides the £20 bequeathed in will. F. Indenture of Assignment. 12 January 1740. i) John Welles of St. Mary Abchurch, London, gentleman, surviving executor and trustee of the will of Judith Riseley late of Bedford, spinster. ii) Judith Vincent of Bedford, widow, relict of Thomas Vincent late of Bedford, grocer, deceased, and executrix of his will. iii) John Steward of Queenhithe, London, glass seller, Thomas Edwards of Lincoln's Inn, Esquire, and Nathaniel Paice, merchant surviving executors of the will of Margaret Mason, widow and relict of Nathaniel Mason late of Queenhithe, London, deceased, in trust for her children Nathaniel and Jane Mason Reciting: Judith Riseley died on 22 February 1739/40, and her will was proved by Thomas Vincent. Thomas Vincent died, and John Welles became sole executor and trustee of the will. All legacies had been paid to legatees. John Welles had since the death of Judith Riseley received £135..18 which was owing to her at the time of her death and had since become due. That the debts of the testatrix ammounted to £41..15 at the time of her death, excepting a debt to Judith Vincent as executrix of Thomas Vincent. That Judith Riseley was indebted to Thomas Vincent and after her death Vincent disbursed several sums of money on the funeral and management of the executorship amounting in all to £34..12..1 : Judith Vincent had retained goods and money amounting to £11..14..8, reducing the debt to £22..17..5. i) with consent of iii) had paid the £22..17..5 to ii), and had paid the other debts amounting to £41..15, and had laid out several sums of money on proving the will and management of the trust amounting to £31..2..0, making £95..14..0 in all, which being deducted out of the £135..18..0-1/2 received by him reduces the same to £40..4..0-1/2 which was to be applied towards payment of legacies of Judith Riseley. The Legacies amounted to £340, and by deducting the said £40..4..0-1/2 remaining in the hands of John Welles, this is reduced to £299..15..11-1/2 : That John Steward and Nathaniel Mason were both minors, and to prevent the charge and trouble which might attend the mortgaging of the said trust estate for the purposes aforesaid, as also to prevent the sale thereof and preserve the same for the benefit of the said infants, John Steward part hereto (father of John Steward the devisee) and Thomas Edwards and Nathaniel Paice (guardians on behalf of Nathaniel Mason) agreed to advance the sum of £299-15..11-1/2 to John Welles to enable him to pay to legacies (£60 being paid by John Steward, and £239..15..11-1/2 by Nathaniel Paice and Thomas Edwards). John Welles had agreed to assign over to them such part of the personal estate of Judith Riseley as was standing out unreceived, and also to assign to them the term of 99 years in trust as to the messuages in Angel Street to John Steward (party), and all other premises in trust for Thomas Edwards and Nathaniel Paice, until the sums advanced be repaid with interest at 5% NOW Consideration: £60 paid by John Steward on behalf of John Steward his son to i), and of £239..15..11-1/2 paid by Thomas Edwards and Nathaniel Paice on behalf of Nathaniel Mason to i), i) assigns to ii) - premises as in HT1/7/24/B to hold premises in Angel Street for the remainder of the term of 99 years in trust for John Steward (party) until £60 with interest is paid by i), and all other premises for the remainder of term of 99 years in trust for Thomas Edwards and Nathaniel Paice until the sum of £239..15..11-1/2 with interest is paid by i) G. Note that all legacies had been paid H. Note that John Steward (devisee) had lately become a bankrupt, and that the Assignees of his estate and effects have agreed to sell the House and premises in Angel Street to Richard Lovesey for £260, and that the said Nathaniel Mason is one of the Assignees I. Case: Whether the assignees can make a good title to Lovesey J. Legal opinion of Matthew Duane 11 June 1765 That a good title can be made, but that Mr. Lovesey "must take care that the house is exonerated from all charges created by Mrs. Riseley's will, and the Deed of the 12th January 1740, and that the residue of the term of 99 years is assigned to a person in Trust for him and his heirs ... to attend the inheritance."
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