Scope and Content
Parties:
(i) William Wright of Baldock [Hertfordshire], chirurgeon; William Barber of Baldock, maltster;
(ii) Elizabeth Barber if Hitchin [Hertfordshire], widow; Mary Stewart of Bedford, widow - surviving devisees and executrixes of the will of Nicholas Luke, late of Wood End, Cople, esquire, deceased; Jane Faulknor of Hitchin, widow; Davenant Bell of Saint Martin-in-the-Fields [Middlesex], gentleman and Susannah, his wife (Faulknor, and Susan Bell, with Mary, wife of William Wright were heirs of Nicholas Luke and devisees and residuary legatees in his will);
(iii) Sarah, Dowager Duchess of Marlborough; Francis, 2nd Earl Godolphin; William Clayton of Westminster [Middlesex] (later 1st Baron Sundon), esquire and John Hanbury of Pontypool [Monmouthshire], esquire - the four acting executors of the will of John, 1st Duke of Marlborough
Reciting:
- (a)-(d) were property of Jane Luke, aunt of Nicholas Luke and left in R6/14/13/8 to Rebecca Luke;
- the will of Rebecca Luke [R6/14/13/9] devised (a)-(d) to Mary, wife of William Wright;
- defective wording in R6/14/13/8 made it unclear whether (a)-(d) had passed to Rebecca Luke for ever or only for her life; if the freehold did not pass to Rebecca Luke it would then have passed to Nicholas Luke;
- will of Nicholas Luke of 6th May 1729 devised all his real estate to his sisters Elizabeth Barber, Rebecca Luke and Mary Stewart in trust for sale and devised and bequeathed the residue of his estates to Mary Wright, Susannah Bell and Jane Faulknor equally and appointed Elizabeth Barber, Rebecca Luke and Mary Stewart executrixes;
- (ii) were satisfied that Jane Luke had intended to devise the freehold of (a)-(d) to Rebecca Luke for ever and that by virtue of the will of Rebecca Luke, Mary Wright was entitled to possession, thus Davenant and Susannah Bell and Jane Faulknor resolved to take no advantage of any defect in the will of Jane Luke;
- lease and release of 19 and 20 September 1729 between (1) William Wright and Mary his wife and (2) William Barber and following fine sur cognizance de droit come ceo etc in which (a)-(d) were released to the use of (i) in trust for William Wright
Operative Part:
- (iii) paid £347/10/-, money of the late John, 1st Duke of Marlborough, to William Wright with the consent of (ii);
- (iii) paid 5/- to William Barber, Elizabeth Barber and Mary Stewart;
- William Barber, Elizabeth Barber and Mary Stewart, by direction of William Wright and with consent of Davenant Bell, Susannah Bell and Jane Faulknor and William Wright released (a)-(d) to (iii)
Property:
(a) messuage in Cople formerly in the occupation of Joseph Lake, now John Godfrey with messuage of Oliver Luke N and highway W;
(b) two cottages in Cople in occupation of William Abbis and Widow Skelton; (a) N, messuage of William Spencer S and abutting W on highway;
(c) close of 4 acres of pasture in Cople in occupation of Mathew Watts, gentleman lying between ground of Oliver Luke N, ground fo William Spencer S and abutting W on Cople church, E on Blackland Field;
(d) cottage in Cople formerly in occupation of Joane Clerk, now Edward Albon, with backside or close belonging containing 1 acre abutting: E on High Street leading to Cople church; W on Parsonage Close of Sir Samuel Luke, S on ground of Oliver Luke and N on ground of Robert Joy
Witnesses:
- P Eson;
- William Sparhauke
Endorsed release of 27 July 1753
Parties:
(i) Charles, 3rd Duke of Marlborough;
(ii) Francis, 2nd Earl of Godolphin (only survivor of (iii) above);
(iii) Hugh Hamersley of Lincoln’s Inn [Middlesex], gentleman
Reciting:
- the sum of £347/10/- was part of the personal estate of John, 1st Duke of Marlborough, deceased invested under the terms of his will;
- Sarah, Dowager Duchess of Marlborough, William Clayton, 1st Baron Sundon and John Hanbury were all dead so that (a)-(d) were now vested solely in (ii) in trust for persons interested in the will of the 1st Duke of Marlborough;
- Order of Chancery dated 6 May 1752 in which (ii) was plaintiff and (i) and others were defendants and referred to Peter Holford, one of the masters to approve proper persons to be joined with (ii) as trustees;
- report of Peter Holford of 15 May 1752 approving John, 4th Duke of Bedford, Charles, 2nd Viscount Fane and James Stephens of Saint James’, Westminster [Middlesex] doctor of physic to be trustees with (ii);
- Order in Chancery of 28 May 1752 confirming the report and ordering (ii) to transfer all purchases made with the personal estate of the 1st Duke of Marlborough to himself and the new trustees upon trusts
Operative Part:
- (ii) released (a)-(d) with consent of (ii) to (iii) for 5/-
Habendum:
- to (iii) to the use of (ii), John, 4th Duke of Bedford, Charles, 2nd Viscount Fane and James Stephens upon trusts
Witnesses:
- Francis[?] Tregagle;
- James Revell;
- A Pincke