Reference
Z218/25
Title
Agreement
Date free text
11 May 1854
Production date
From: 1854 To: 1854
Scope and Content
i) Sarah Elye Elye, Little Gonerby, Grantham, widow
Thomas Elye Norris, Harlaxton, Lincolnshire, clerk
ii) James Lawford, Drapers Hall, London, gentleman (agent for and on behalf of Robert Elye, otherwise Robert Potter, of Philadelphia, USA and on behalf of William Longshore of Philadelphia and wife Ellen
recites:
- Lease and release of 29 and 30 August 1817 [not here]
- will of Leonard Towne [Z218/4]
- John Elye Towne many years ago went to America and assumed the name of Robert Potter and resided near Philadelphia until his death in 1851
- on death of John Elye Towne, sister, Sarah Elye Norris, entered into possession of premises, and assumed name of Elye - grant of arms disputed
- said Robert Elye, formerly called Robert Potter, and Ellen Longshaw allege that they are legitimate children of John Elye Towne, and claim premises
- Sarah Elye Elye disputes their legitimacy and claims that they are not natural born British subjects and so are incapable of holding lands in England
- to obviate the risk of rents being lost due to disputes, an agreement was made on 14 May 1852 by which it was agreed that rents should be banked until claims investigated
- Sarah Elye Elye and children have filed a bill in High Court of Chancery at Westminster against Robert Elye/Potter and William and Ellen Longshaw
- Robert Elye is still a minor having been born on 25 August 1834
now, to avoid litigation which would lead to public discussion of matters painful to relatives of John Elye Towne, it has been agreed:-
1) ii) will not object to i) applying for grant of arms of Elye
2) monies in bank to be paid to i) and agreement of 14 May 1852 shall no longer remain in force. Thomas Elye Norris shall remain in possession of premises in 1st schedule (at end) and Sarah Elye Elye of premises in 2nd and 3rd schedule
3) Robert Elye (or William and Ellen Longshaw if Robert dies while a minor) within six months of becoming 21 shall convey premises in 1st schedule to uses to which same would stand limited on assumption that limitation to issue of John Elye Towne has failed. On such conveyance i) will pay to conveying party £1,800
4) same with premises in 2nd schedule - consideration £700
5) same with premises in 3rd schedule - consideration £500
and other clauses
1st schedule
Manor of Utterby, Lincolnshire
Grove Farm, Utterby (tenant - William Thompson Phillips)
£257 5s 6d Consols
rent charge in lieu of great tithes of Utterby
advowson of Utterby
2nd schedule
close land at Allington, Lincolnshire (tenant - William Lovett)
Pinfold Close at Easthorpe, Bottesford, Leicestershire (tenant - Robert Pykett)
Granary Close at Easthorpe (tenant - Fran Vincent)
6 1/12 parts of several closes at Melton Mowbray, Leicestershire (60 acres)(tenant - Thomas Watson)
3rd schedule
2 1/12 parts of land at Melton Mowbray
1/3 part of 2 closes land (18 acres) at Lewstern, Leicestershire (tenants - executors of Amos Jackson)
signatures of all
witness William Norris, solicitor, Tenbury, Worcestershire
Level of description
item