Bedfordshire Archives Service Catalogue
  • Reference
    X732/6
  • Title
    Indenture of Assignment of estate, subject to trusts created by X732/3 - X732/4, for residue of a trust term of 500 years created by a deed of 1693 (recited below) in trust for the mortgagee in X732/3 to the intent to protect the term limited to him and the mortgaged premises from all mesne charges and incumbrances. 2 membranes
  • Date free text
    22 Jul 1701
  • Production date
    From: 1693 To: 1701
  • Scope and Content
    i) Robert Dormer of Lincolns Inn, esquire, Richard Freeman of Middle Temple, esquire ii) Sir James Astry of Woodend in the parish of Harlington, knight James Astry, esquire, son and heir apparent of Sir James (as in X732/4, i) and ii)) iii) Charles Cutts of St Paul's, Covent Garden (Middlesex), haberdasher John Pennington of Bedford, gentleman Recitals: Indentures of Lease and Release between Sir James Astry and Dame Anne, his then wife (since deceased), of the first part and i) of the second whereby, in consideration that Dame Anne joined with Sir James in levying of a fine of the rectory of Westoning and also agreed to levy a fine of other lands (mentioned below) which were formerly settled upon her for her jointure to the intent that money might be raised for payment of the debts of Sir James, Sir James and Dame Anne granted, bargained and sold to i) and their heirs: 20-21 Nov 1693 a) the manor of Wadlow as in X732/1 a) b) capital messuage in Woodend as in X732/1 b): described as wherein Sir James dwelt or lately inhabited or dwelt c) messuages, cottages, dovehouses etc. as X732/1 c): occupiers listed as in X732/1 c) with following spellings - Henry Jeoffery and Thomas Maltcombe d) Little Jacobs Close as in X732/1 d) e) Harpurs Close as X732/1 e) f) the Hooks Close as in X732/1 f) g) 2 closes called Gardropes as X732/1 g) h) several closes, inclosed grounds and parcels of land etc., called Hardings Close in Toddington which said closes etc., did appertain to Sir James and then or late were in the occupation of William Pigott and his assign(s) and were enjoyed by him in common with Sir William Roe, knight: [see X732/1 h)] j) Copps Close as in X732/1 j) k) close of 2½ acres in Gosle End as X732/1 k) l) 3 acres of land in Harlington as in X732/1 l) m) the rectory and parsonage of Westoning as in X732/1 m) Habendum: to i), their heirs and assigns for ever to the uses, intents and purposes limited and declared, viz.: - to i) for 500 years upon and to certain trusts and uses (see below) - remainder to Sir James Astry for life - remainder to Dame Anne for life for her jointure and in lieu and satisfaction of her thirds and dower - remainder to James Astry, eldest son of Sir James and the heirs male of his body, and for default of such issue … - to Francis Astry, second son of Sir James and the heirs male of his body, and for default etc., - to Peniston Astry, third son of Sir James, and the heirs male of his body, and for default etc., - to the 4th, 5th, 6th, 7th, and all and every other son(s) of Sir James and their respective heirs male lawfully issuing in priority of birth and seniority of age, the elder of such sons and the heirs male of his body always to be preferred before the younger of such sons and the heirs male of their bodies, and for default etc. … - remainder to the heirs of the body of Sir James and for default of such issue … - remainder to the right heirs of Sir James for ever Declaration and Agreement by and between the parties that the term or estate of 500 years limited to i) was: - upon trust that they or the survivor of them, their executor(s) etc. should out of the rents, issues and profits of the premises or by demise, mortgage or sale of the same or any part thereof raise money for the payment of such debts of Sir James as are mentioned in the annexed schedule (not recited) with all such interest due for the same and a sum of £500 to be paid to Sir James his executors etc. or their appointees Proviso that it was declared and agreed that the said premises should not by reason of the deed be charged or chargeable with more than the sum of £500 and the sums mentioned in the schedule thereto amounting in the whole to £4,750 principal and 2 years interest for the same And from and after the raising of the sums of money and payment of the debts … - upon trust that i) should indemnify and save themselves harmless from all manner of damages, expenses, costs and charges that they should sustain by reason of the trust or the execution thereof and from and after execution of the trusts … - upon trust to attend the freehold and inheritance of the premises and the limitations thereof End of first recital That (being the 2nd recital) several parcels of the premises since making the 1693 deed, have been sold and conveyed to and for the use of John Crosse of Clerkenwell (Middlesex), esquire, and the money arising from such sale has been applied towards payment of the above mentioned debts Indenture of Lease and Release as X732/3/1-2 (and ?4) 3 - 4 Jul 1701 That the residue of the several debts in the above mentioned 1693 schedule are (out of the £2,200 paid by Charles Cutts in X732/3) fully paid according to the trust reposed in i) That it was agreed that the residue of the term of 500 years so granted to i) should be assigned to John Pennington (see iii) above), his executors etc. in trust for and for the benefit of Charles Cutts (see iii) above) to the intent to protect the term so limited in use to him and the said manor and premises mentioned in X732/3/1-2 from all mesne charges and incumbrances Present deed Assignment from i) in consideration of the premises, by the consent an approbation of Charles Cutts and by direction and appointment of ii), to John Pennington, of: n) all and every the said manor, messuages, closes, lands, rectory, tithes, tenements, hereditaments and premises in the above recited deed of 1693 and not sold to John Crosse as aforesaid with all estate, right and title etc. and the Indenture of 1693: i.e. as a) - m) above Habendum: to John Penington for the unexpired residue of the term of 500 years so granted to i) in trust as recited above, in trust nevertheless for the purposes aforesaid and to and for no other intent, trust or purpose Release, exoneration and discharge by Sir James Astry, in consideration of the premises, of i), their executors etc. and all and every the premises of and from the sum of £500 mentioned in the first recited deed (1693) to be raised for and paid to Sir James or for his benefit out of the premises or any part thereof Dorse: sealed an delivered by Robert Dormer in the presence of F Brace and Phillip Williams of the Office of Pleas in the Exchequer and by Richard Freeman, ii) and Charles Cutts in the presence of F Brace and Peter Evans; and inscribed '10' and 'Mr Dormer [his?] Assignment to Mr Penington in Trust for Mr Cuttes'
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