Scope and Content
i) Sir John Montagu Burgoyne, Sutton, baronet
ii) Sir John Osborn, Chicksands Priory, baronet
Samuel Wells, Biggleswade, esquire
(trustees nominated by i) for purposes afterwards mentioned)
i) holds the Manor and whole of lands within parish of Sutton (excepting glebe lands belonging to the rector) subject to payment of land tax and to a rent charge of £262 to rector in lieu of tithes and 2 other rent charges, amounting to £300 per annum, originally granted by Sir John Burgoyne, grandfather of i), to Samuel Farmer and Thomas Alsager, gentleman, which are now vested in John Williamson, gentleman, of Baldock, Hertfordshire, and to a mortgage for securing £6,000 and interest to Robert Sworder, Stondon Lodge, Hertfordshire, gentleman, by the following deeds etc.,
Lease and release of 21 and 22 April 1819
a) Joseph Scott, gentleman
b) said John Montagu Burgoyne
c) said Robert Sworder
Deed Poll of 31 July 1819 under hand of i)
Deed of 1 November 1819 [see X115/92]
1) Richard Spencer, gentleman
2) said Sir John Montagu Burgoyne
3) said Robert Sworder
4) George Mickley, gentleman
Deed Poll of 20 January 1821 under hand of i)
Mortgage to secure £7,000 and interest to Thomas Scott, Wendon, Essex, gentleman, created by deed of 20 January 1821 [see X115/16]
A) John Forster, esquire
B) Joseph Sawle Sawle, esquire
C) Thomas North, Lord Graves
D) Sir John Montagu Burgoyne
E) said Robert Sworder
F) said Thomas Scott
i) is also possessed of land attached to his estate in the parishes of Dunton and Wrestlingworth and of Potton Wood, messuage and lands (subject to a mortgage to secure £2,000 - now vested in Mary Jones, Little Hadham, Hertfordshire, widow)
i) is also possessed of household goods and furniture at Sutton Park, which said house and about 7 acres land, right of sporting over said Manor and household goods and furniture was recently let by i) to Jasper Taylor Hall, esquire, for 3 years from Midsummer 1819 at rent of £400
i) agreeing to allow out of rent, all rates, taxes and tithes and to purchase from Jasper Taylor Hall any useful or necessary household furniture he might use to further furnish the said mansion house during his tenancy
i) is also indebted to Thomas Metcalfe of Lincoln's Inn in £1,000 and interest (by deed of 7 July 1820) and by assignment of personal estate to which i) has become entitled on death of grandmother
i) is also indebted to various persons but these are intended to be paid off before execution of this deed
now i) releases to ii)
… capital mansion house in Sutton Park etc., and certain lands (7 acres)
… park of Sutton, with farmhouse etc., held by Samuel Wells at yearly rent of £262..10s
… farmhouse and farm in Sutton etc., held by Elizabeth Bowyer, widow, at yearly rent of £390..10s
… farmhouse and farm in Sutton etc., held by Mary Munn, widow, at yearly rent of £440..14s..8d
… farmhouse and farm in Sutton, Wrestlingworth and Dunton and held by William Masters at yearly rent of £330
… farmhouse and farm in Sutton etc., held by William Cooper at yearly rent of £281..12s
… farmhouse and farm in Sutton etc., held by executors of Laurence Coxal at yearly rent of £207..18s
… Rudds Closes also held by executors of Laurence Coxal at yearly rent of £20..19s
… farmhouse and farm in Sutton etc., held by Thomas Brown at yearly rent of £499
… farmhouse and farm in Sutton etc., held by Thomas Dale at yearly rent of £133
… farmhouse and farm in Sutton etc., held by James Sprague at yearly rent of £100
… farmhouse and farm in Sutton etc., held by Mary Gravestock, widow, at yearly rent of £272..5s
… cottages, tenements or blacksmith's shop in Sutton with garden and appurtenances held by James Gilbert, Sarah Fox, James Northfield, James Larkins, Robert Gedding, Thomas Upton, William Griggs, Sophia Hobbs, William Taylor, Rebecca Stewart, John Lenton, Thomas Kefford, John Stonebridge, John Myers, John Darsley, Joseph Dean, John Atwood, Thomas Smith, Joseph Saunders, James Goodship, Henry Merrington, Robert Okey, William Gurrey, Thomas Roberts, John Pickett, Thomas Smith, William Saunders, Simeon Gillings, David Brown, William Warboys, Jasper Ellwood, Susan Clarke, John Saville, Richard Madlock, the Overseers of Sutton, Abraham Croate, John Day, Edmund Milton, Edith Griggs, Thomas Breed, William Darsley, James Lawson, James Jiggle, Samuel Witney, James Papworth, Benjamin Bygrave, Mathew Cox, Thomas Bull and John Woods at yearly rents amounting to £71..8s
… Potton Wood etc., (250 acres) together with Ridings, Lawns and woodward's house
... with all rights etc., except the Manor of Sutton, profits incidental to Mansion House, deeds and papers etc.
to be held on trusts hereinafter declared
also i) assigns to ii)
… all household goods and furniture of i) in Mansion House at Sutton Park and now in possession of Jasper Taylor Hall (an inventory of which has been delivered by i) to ii) as a symbol of the passing of said goods)
to be held on following trusts:
to receive rents etc., and use proceeds to defray cost of preparing this deed and costs of superintending the farms and salary of bailiff etc., and also repairs and insurance of the premises. Also costs of any lawsuits to obtain possession of the premises etc.
Then to discharge rent charge of £262 per annum to Rector and rent charges of £300 per annum now payable to John Williamson. Also to pay interest on sum of £6,000 and interest on £7,000 and £2,000.
When this is paid then to pay and keep down interest on sum of £1,000 to Thomas Metcalfe secured on the personal estate of i).
If personal estate is not sufficient to pay said £1,000 then trustees to make up the difference. Then to pay to i) £1,000 per annum.
Residue to be used in purchase of stocks or bank annuities. Interest to be used in purchase of other stocks and annuities. To accumulate this way a fund of £8,000 to be used in reducing said mortgages, (in total £15,000) to £7,000. i) to have power to direct that other debts shall be paid from the accumulated fund. May also be used to repair fire damage etc., and to buy furniture from Jasper Taylor Hall.
Power to appoint new trustees given to ii) subject to approval by i).
When mortgage is reduced to £7,000 and mortgage of £1,000 is paid off and all costs and charges of the trustees, then ii) will retransfer all or any part of said property to i) subject to such mortgages as may be still existing
Power given to trustees to fell trees as shall not be ornamental timber and to use wood to repair property or sell it as ii) think fit. To fell Potton Wood in such portions as is usually felled.
signatures of all
endorsed witnesses: Thomas Samuel Mott, Much Hadham, Hertfordshire, attorney at law
William Swaine, Lincoln's Inn
Robert Lindsell, solicitor, Biggleswade