Reference
R6/19/3/95
Title
Abstract of Title of William Green and William Henry Cox to freehold and leasehold property at Eversholt
Date free text
1862
Production date
From: 1862 To: 1862
Scope and Content
(I) R6/19/3/75;
(II) R6/19/3/82
(III) R6/19/3/89
(IV) Assignment of 10 March 1847
Parties:
(i) William Cox of Kennington Common [Surrey], esquire;
(ii) William Green of Eversholt, yeoman;
(iii) Charles Cox of Cedar Lodge, Stockwell [Surrey], esquire
Reciting:
- R6/19/3/77;
- William Cox left three children by Susannah his wife - (i), (iii) and Elizabeth, wife of John Hoffmann;
- John Brinklow left three children - Elizabeth, who married John Reynolds, Sarah, who married William Green and a posthumous child called Mary;
- Mary Brinklow died in 1815, unmarried and intestate;
- Elizabeth Reynolds died in August 1836 without marriage settlement or issue and administration granted to her husband on 19 May 1838 in PCC;
- Alexander Deacon died in March 1813;
- Sarah Green became entitled to all freehold real estate of her father and two thirds of the leasehold estate subject to a life interest of Susannah Brinklow;
- R6/19/3/83;
- Sarah Green died on 20 October 1837;
- Susannah Brinklow died in February 1838;
- R6/19/3/87;
- on the death of William Cox the elder the mortgage sum was appropriated by (iii) but no assignment of the debt was made;
- (iii) had received £450 in part repayments leaving £550 outstanding, all interest having been paid;
- Susannah Cox died in June 1828 leaving the mortgaged estate vested in (i) and (iii);
- (iii) wanted all the estate vested in him
Operative Part:
- (iii) paid 5/- to (i);
- (i), by direction of (ii), assigned (a)-(ah) to (iii) subject to equity of redemption
Witnesses:
- H Hedges, solicitor of Carey Street, Lincoln’s Inn
- Thomas R Dory, clerk to H Hedges
(V) R6/19/3/90
(VI) R6/19/3/91
(VII) R6/19/3/78
(VIII) R6/19/3/79
(IX) R6/19/3/81
(X) R6/19/3/84
(XI) R6/19/3/92
(XII) R6/19/3/93
(XIII) R6/19/3/94
Statement by the purchaser’s solicitor: “I have perused this Abstract on behalf of the Trustees of the will of the late Duke of Bedford the intended purchaser”
“The vendors have no doubt earlier title deeds in their possession which will be delivered to the purchaser on completion, considering its importance I think that a copy or full abstract of the will of John Brinklow otherwise Cheshire (p1 and see P19) should be furnished so as to form the commencement of the title”
“The Eversholt Inclosure Act of 46 George 3 (p9) and the award under the same should be abstracted so as to show the power of exchanging and the allotments to Susannah Brinklow and that the exchanges took place with the proper consents”
“Is the Schedule to the indentures of 16th November 1836 (p9 see p12) in the same terms as the description of parcels in the Indenture of 15 April 1839 (p12 see pp13-16)?”
“I think that office copies of the letters of administration to the estate of Elizabeth Reynolds and of the will of Susannah Brinklow (p12) should be produced”
“From the consideration paid for 4/9ths of the leaseholds (£900) it would seem that they must have been looked upon as forming a considerable part of the lands. Having regard however to the length of the terms this is not very important. There seems no ground for the suggestion (in Mr Hyde’s note) that the lands in respect of which the quit rents were paid were copyhold”.
“I think it may be assumed that the lands described in the Indentures of 15th April 1839 (pp13-16) are identical with those parts of the premises described in the Indenture of 10th October 1800 (pp3-7) which were not dealt with by the award, together with the allotments. The identity of the lands described in the Indenture of 15th April 1839 with those now proposed to be conveyed would probably appear from a comparison of the award map with the map on the Indenture of 2nd September 1856 (p21 see p25) but at present requires proof”.
“An office copy or extract of the will of William Cox should be produced in verification of the recitals at p17”.
“Charles Cox the son should concur in the conveyance as one of his father’s executors”.
“The schedule to the Indentures of 2nd September 1856 (p21 see p25) should be added to the Abstract. I suppose this Indenture was executed by W Green”.
“Subject to the above observations and with the qualification arising from the admitted uncertainty as to the leaseholds I am of opinion that the abstract deduces a good title to the entirety of the freeholds and eight undivided ninth parts of the leaseholds (subject to the mortgages) to William Green in his own right, and deduces a good title to the other undivided ninth part of the leaseholds (subject to a proportionate part of the £550 mortgage debt) to William Green as executor of Susannah Brinklow. I think that as executor he may make a title to this share notwithstanding the lapse of time since the death of Susannah Brinklow; but considering the circumstances and especially the uncertainty as to the leaseholds, it would be desirable to have the concurrence of the persons claiming beneficially under Susannah Brinklow’s will”.
“The usual searches for judgements &c should be made in the name of William Green and for his pendens in the names of Charles Cox and William Henry Cox. It is presumed that the lands are not subject to any charges for drainage or other improvements under the acts”.
“Inquiry should be made as to the tenancies of the cottages or any other part of the property which may be in the occupation of tenants”.
Sketch map of the property
Schedule referred to in Deed of 2nd September 1856
186. Farmhouse, homestead and garden - pasture - 1 acre, 24 poles;
187. Home Close and Well Pightle - pasture - 8 acres, 1 rood, 17 poles;
190. Church Mead - pasture - 1 acre, 28 poles;
185. Sacred Leys, Church Mead and Little Holmes - pasture - 9 acres, 3 roods, 11 poles;
184. Sundry small closes - arable - 7 acres, 1 rood, 22 poles;
191. Square Close - arable - 2 acres, 2 roods, 20 poles;
417. Pillory Croft Pightle and Barley Croft Pightle - pasture - 6 acres, 25 poles;
418. Barley Croft Pightle - pasture - 3 acres, 2 roods, 25 poles;
41. Four cottages and Gardens - pasture - 1 rood, 12 poles;
42. Porters Close - arable - 9 acres, 23 poles;
44. Rush Hill Piece - arable - 3 acres, 1 rood, 24 poles;
45. Rush Hill Piece - arable - 4 acres, 3 roods, 28 poles.
Total - 58 acres, 19 poles
Level of description
item