Reference
X440/544
Title
Copy Disentailing Deed
Date free text
19 Nov 1894
Production date
From: 1874 To: 1894
Scope and Content
i) Edward John Foster of Sandy Place, Sandy, esquire J.P. D.L.
ii) Thomas Frederick Fowler of Huntingdon, solicitor
iii) as i)
whereas: late John Foster at death was seised of lands in schedule & left them to use of son John Nathaniel Foster for life with remainder to such uses as John Nathaniel Foster should appoint
whereas: John Nathaniel Foster never made an appointment by deed but by his will of 1874 he left to his wife Frances Mary his Sandy Place estate numbered 1. on his will for her life & appointed the real estate numbered 2-21 in the will to use that his wife should have £500 a year for life & subject to use of his wife & his sons Edward John & Albert John on trust, i.e. the hereditaments subject to settlement of his late father to son Edward John & after his death to his sons & if all die without male heir, to be left in tail male
recites: death of testator 30 January 1891; will proved 14 March 1891
whereas: his wife Frances Mary is still living
recites: 15 August 1866 marriage of Edward John Foster to Mary Poole Kinglake by whom he has 5 children: one son Francis Alexander Kinglake Foster & 4 daughters
whereas: said F. A. K. Foster was never married & predeceased his grandfather being killed in action on 12 January 1890 aged 22 while serving as 2nd Lieutenant in the King's Own Scottish Borderers on the Chin-Lushai Expedition in Upper Burmah in the Empire of India & was buried on the Chin Hills, Upper Burmah & letters of administration were granted to his father Edward John Foster.
whereas: Edward John Foster was now entitled to the property, subject to his mother's jointure rent charge, as first tenant for life with remainder to himself; & he has decided to bar the entail
now: i) conveys to ii)
- property as in schedule
to hold subject to the jointure rent charge but discharged from estate tail of Edward John Foster to use of iii) including copyhold lands that they may be held by iii) according to the custom of the manor freed from all entail
Schedule:
- Dawson's Piece & the Dolphin Garden in Lower Holmeside, Biggleswade & the proceeds of those parts which are sold; Dawson's Piece on South of Western Road & Dolphin Garden, intersected by the Saffron Road (no.6 in will of John Nathaniel Foster)
- Lammas Meadows North of North Road Bridge on East of Ivel extending from the Black Locks to site of the Widow Hay Lock bounded East by ditch separating them from Biggleswade common & the driftway thereto, 60 acres part freehold part copyhold (no. 8 in will of J. N. Foster)
- meadow land also lammas land on West of Ivel & South of North Road Bridge part freehold & part copyhold facing wharf of Messrs. Pope & grounds of Ivel Bury & other property on East bank of river, 6 acres 15 perches (no.5 in will of J.N. Foster)
- market garden ground, lands & hereditaments in Hitchmead with Brickfield Kilns & cottage at East end 42 acres (no.11 in will of John Nathaniel Foster)
- market garden ground, close of pasture & hereditaments near lower end of (East) Hitchmead called the Pightles, 8 acres (no. 12 in will of J. N. Foster)
- market garden ground called the Gilletts on left side of occupation road from Potton to Fursden Hall, 5 acres 15 perches (no.13 in will of J. N. Foster)
- property formerly copyhold but enfranchised 1877: 2 shops & outbuildings on South side of Market Hill, Biggleswade, late estate of John Barber & Edward Lindsell & bought by John Foster, between property of Frederick Conder & John Maythorn, now in occupation of W. E.Peckover & Mrs Wakes with common right, 57 (no.14 in will of J. N. Foster)
- schoolroom & curtilege in St Andrews Street Biggleswade formerly part of the St Andrews Estate now in occupation of George Saunders, coachbuilders. (no. 16 in will of J. N. Foster)
- all common rights in Biggleswade which were property of John Foster deceased
Level of description
item