Reference
X440/463
Title
Abstract of Title with Legal Opinion
Date free text
10 Dec 1862
Production date
From: 1795 To: 1862
Scope and Content
page 1
29 & 30 June 1819 Enfranchisement by Lease & Release
i) Sir Francis Willis of Charles Street, Berkeley Square & of Hampstead, Middlesex, knight, Lord of Manor of Biggleswade
ii) John Down of Biggleswade & wife Ann
iii) Nathaniel Vincent Herbert & wife Mary Ann late Down, spinster, only child of said Ann Downe
whereas: Turner Boston late of Biggleswade was seised of hereinafter mentioned by will dated 25 March 1795 devised same to Ann Down for life, remainder to John Down & children of said Ann
whereas: said M. A. Herbert was only child of Ann Downe
in consideration of: £33.11.2, i) enfranchises
- Messuage & shop in Biggleswade in occupation of Esther Walby then Mary Boston then T. Boston then Deborah Pearson then William Chapman, attorney at law
- messuage adjoining above formerly called the Three Blackbirds in occupation of Thomas Allanson then M Boston then said J Downe
- Crown Close 1 acre with malting office, barns, stables etc built thereon in occupation of John Toller, Laurence Sanderson, then J Downe & George Larkins
to which A Downe was admitted tenant for life at court 29 & 30 April 1800 with all common of pasture, appurtenances etc.
to hold to J Downe on uses ...[details]
further: right of common, notwithstanding enfranchisement, to be continued to be enjoyed by owners of the premises as before deed presented at court 23 April 1811
page 4
9 June 1846 Indenture
i) Mary Ann Herbert of Baches Row, City Road, London, Middlesex widow
ii) Henry Robert Russell of Dunfermline in Fifeshire, gentleman
iii) Susannah Cobham Herbert of Baches Row aforesaid, spinster
iv) George Hawkins of Bishopsgate Street Without in City of London, merchant
James McFarlane of Dunfermline, writer
whereas: marriage intended between ii) & iii)
i) will settle 1/5 of below mentioned hereditments on trusts
i) releases to iv)
- 1/5 of: brick messuage with garden in occupation of Thomas Powers
: messuage adjoining above with yard etc in occupation of Thomas Taylor, both in High Street, Biggleswade
: malthouse with garden, shops & appurtances in occupation of Messrs Hogg & Lindsell & then also of Mountford Docwra, in Back Lane Biggleswade
: common rights etc of i)
to hold on trusts...[details]
page. 7
will of M. A. Herbert 24 April 1861
devises all her property to be divided between her 4 daughters
sole executor George Hawkins of 88 Bishopsgate Street Without
testatrix died 28 March 1862.
Will proved at Principal Probate Registry by G. Hawkins 3 November 1862
her 4 surviving daughters were: Mary Ann Herbert
Elizabeth Herbert
Susannah Cobham wife of Henry Robert Russell
Harriet Helen Herbert.
Legal Opinion
has perused on behalf of the purchaser of lot 6 in printed sale particulars, statutory declaration that common rights have been exercised must be obtained; these rights can be severed from the land granted by Indenture 29 & 30 June 1810 because although common appendant (i.e. common for cattle levant & couchant upon the land to which the right is appendant such beasts being used for ploughing & manuring the land) cannot be severed from the land without extinguishment, common in gross or common appurtenant (as in present case) not restricted for cattle levant & couchant upon the land, can be severed. ...[further legal points] subject to observations, approves title
John Tutham Lincolns Inn
Level of description
item