Scope and Content
Parties:
(i) John Welch of Battlesden, farmer and dairyman and Sarah his wife (formerly Sarah Gregory, spinster);
(ii) Elizabeth Potts of Eversholt, widow of James Potts of Eversholt, farmer and formerly Elizabeth Gregory, spinster;
(iii) Thomas Purrett of South Court, Linslade [Buckinghamshire], farmer; Elizabeth Purrett of Tebworth, widow;
(iv) Charles Willis of Winslow [Buckinghamshire], gentleman;
(v) James Smith of Eversholt, currier;
(vi) Charles Austin of Ampthill, accountant
Reciting:
- marriage settlement of 5 January 1765 between (1) John Gregory the elder and John Gregory the younger; (2) Mary Potts, later wife of John Gregory the younger; (3) Richard Medcraft and William Cooke;
- assignment of trust of 19 October 1770 from (1) Richard Medcraft and William Cooke; by direction of (2) John Gregory the younger and Mary, his wife; to (3) Ambrose Reddall
- deed to lead to the uses of a fine of 6 May 1833 between (1) Thomas Purrett Junior and Elizabeth, his wife; (2) John Welch and Sarah, his wife; (3) Elizabeth Potts; (4) Charles Willis reciting the two deeds of 1765 and 1770 and in which Thomas Purrett, Sarah Welch and Elizabeth Potts were co-heirs of John Gregory the younger and John Gregory, his son and tenants in common of the reversion of their estates comprising the property in Schedule 1 and the freehold property in Schedule 2. Operative part being that (1), (2) and (3) covenanted to levy a fine sur cognizance de droit come ceo etc to (4) in trust to bar estates in tail and extinguish dower rights in all freehold land in Schedules 1 and 2 - to be held in trust - one third for Thomas Purrett, one third for Sarah Welch and one third for Elizabeth Potts;
- fine sur cognizance de droit come ceo etc of Easter term 1833;
- will of John Purrett of 18 June 1833 devising: the messuage at Berry End in occupation of Samuel Harris; the cottage at Berry End in occupation of Elizabeth Potts and all freehold land at Berry End in occupation of Samuel Harris except Martinmore Close to his wife Elizabeth and brother Thomas (i.e. (iii)) in trust for sale with the proviso that any agreement made by him should be enacted by (iii);
- John Purrett, Sarah Welch and Elizabeth Potts agreed to sell at auction all freehold land in Schedules 1 and 2 and leasehold land in Schedule 1 at Green Man, Eversholt on 19 June 1833 at which James Smith purchased Lot 1 for £1,010 as well as all timber growing thereon since valued at £98 making a total purchase price of £1,108;
- John Purrett died in November 1833 and his will was proved in PCC;
- (iii) were eager to enact sale of their one third portion of Lot 1 and Charles Willis had agreed to join them;
- (i)-(iii) apportioned the purchase monies for Lot 1 as follows: £749 for freehold and £359 for leasehold
Operative Part:
- (v) paid £249/13/4 [one third of the value of the freehold property] each to (i)-(iii)
- (v) paid 10/- to (iv);
- (iv), by direction of (i)-(iii) released and (i)-(iii) released all freehold land in both schedules to (v)
Habendum:
- to (v); to the uses of (v); to the use of (v) for life; to the use of (vi) during the life of (v) in trust for (v); to the use of the heirs of (v)
Schedule 1:
(a) messuage in Berry or Higher Berry End formerly in the occupation of John Gregory the elder and John Gregory the younger;
(b) messuage in Berry End near (a) and formerly in the occupation of Jacob Allen, then Mary Gregory, late Elizabeth Potts;
(c) close of pasture of 3 acres, 1 rood, 14 poles called Maddle Croft alias Marle Croft, once one of four closes near (a) comprising 17 acres since incorporated with two leasehold pightles containing 2 acres and 1½ acres and forming a pightle called Dovehouse Close of 6 acres, 3 roods, 14 poles;
(d) pightle of pasture adjoining (a) containing 2 roods, 2 2poles;
(e) pightle of pasture adjoining (a) and called The Green of 1 rood, 26 poles;
(f) orchard or pasture near (a) containing 1 acre, 1 rood, 35 poles exclusive of piece of ground, once a lane or common which had been added from the 2nd Schedule;
(d)-(f) forming one piece of land of 2 acres, 2 roods;
(g) Barn Close of 5 acres, 2 roods, 30 poles exclusive of a small part of Lower Hays Gate Close and Walls Green in the 2nd Schedule now laid to Barn Close which had previously been two closes called Great Barns Close and Little Barns Close and forming part of the 17 acres close and noted under (c)
(a) and (c)-(g) all formerly in the occupation of James Potts, late Samuel Harris
Schedule 2:
(h) allotment of land at Higher Berry End consisting of two old inclosures called Upper Hays Gate and Lower Hays Gate formerly belonging to the Duke of Bedford and another old close called Walls Green which belonged to the trustees of the Town Estates and piece of ground formerly used as a lane altogether comprising 7 acres, 3 roods, 18 poles bounded: part E by Ridgmont Road; parts NW, E and N by old inclosure late of Dame Elizabeth Monoux; rest of sides by land in 1st Schedule;
(i) allotment of land at Higher Berry End comprising old inclosure called Woodcroft which belonged to John Gregory the grandson containing 4 acres, 3 roods, 25 poles exclusive of right of way for owners along Park Wall of Duke of Bedford bounded: NW and SW by old inclosures of Duke of Bedford; SE by old inclosure called Little Field; SE and NE by (g)
(h)-(i) awarded to Mary Gregory at Inclosure of Eversholt
Witnesses:
- Frederick Willis of Leighton Buzzard, attorney;
- George Austin of Shefford