Scope and Content
(I) Lease and release of 7-8 February 1820
Parties:
(i) Susannah Sutton of Milton Ernest, spinster; James Lowe of Barnet [Hertfordshire], farmer and Ann, his wife; Thomas Harrison the elder of Pavenham and Sarah, his wife; Samuel Harrison of Pavenham, mason; Thomas Harrison the younger of Pavenham, eldest son of Samuel Harrison;
(ii) Thomas Pecke of Milton Ernest, yeoman;
(iii) William Rogers of Harrold, gentleman;
(iv) William Nash of North Crawley [Buckinghamshire], maltster
Reciting:
- Abraham Little of Milton Ernest was seized of (a)-(f) and in his will of 16 July 1784 devised them together with meadow and arable in the common fields of Milton Ernest to his nephew (ii) and the testator’s six nieces Elizabeth Sutton, Susannah Sutton, Hannah Sutton, Anne Lowe, Mary Pecke and Sarah Pecke (now Harrison) as tenants in common;
- death of Abraham Little in August 1785 and proof of his will in Archdeaconry of Bedford on 20 August 1785;
- (ii) agreed with the other devisees for absolute purchase of (a)-(f) for £30 to each of the six women, which was duly paid;
- Elizabeth Sutton married William Grant and died intestate and without issue on 23 December 1787 leaving Susannah Sutton and Ann Lowe her sisters and co-heirs;
- Hannah Sutton died on 24 April 1803 unmarried and intestate leaving her sisters Susannah Sutton and Ann Lowe as her heirs at law;
- Mary Pecke married Samuel Harrison and died intestate leaving Thomas Harrison the younger her only child as her heir at law;
- Sarah Pecke married Thomas Harrison the elder;
- since Abraham Little’s will the open fields of Milton Ernest had been inclosed, the award dated 6 September 1804;
- (ii) requested (i) to execute a conveyance of (a)-(f) to trusts to which they agreed
Operative Part:
- (i) released (a)-(f) to (ii)
Habendum:
- to (ii), to the use of appointees of (ii), to the use of (ii) for his life; remainder to the use of (iii) during the life of (ii) in trust for (ii) ; to the use of (ii) for ever
Covenant:
- by (i) to levy a fine sur cognizance de droit come ceo etc
Property:
(a) ancient cottage in Milton Ernest formerly in the occupation of John Robinson the younger and Widow Hart, then Jeremiah Taylor and Richard Stapleton, then William Taylor, then James Brown, then John Disher, then William Sawfoot and Joseph Hart, then James Odell; being under the same roof with a messuage formerly of Jeremiah Taylor and conveyed by him to Richard Davis, then belonging to Susannah Whitney and abutting on Love Lane and Cook’s Lane and separated by a partition wall from the messuage of Richard Davis formerly in the occupation of Thomas Munday, then Henry Clarke, then Ward, then John Disher;
(b) orchard belonging to the ancient cottage;
(c) little dwelling house or its site, standing in (b) with little plot of garden formerly taken out of (b) formerly in the occupation of Henry Hart, then Stephen Askew;
(d) cottage adjoining (c) erected by William Little on the site of part of (c), formerly in the occupation of Henry Dalton, then Paul Summerlin;
(e) cottage near (d) built by William Little and formerly in the occupation of Henry Hart, then (ii) ;
(f) land numbered 38 and comprising 28 perches bounded SE by a lane leading to the River Great Ouse; SW by the river; N by allotment to Joseph Brown; NE by ancient inclosure of (ii)
The four cottages comprising (a), (c), (d) and (e) in occupation of Daniel Sailsberry, Widow Church, Thomas Sailsberry and Henry Ball and comprising 1 acre, 21 perches
(II) Certificates for the respective burials of Elizabeth Grant in 1787, Hannah Sutton in 1803 and Mary Harrison in 1797
(III) Mortgage by lease and release of 7-8 September 1829
Parties:
(i) Thomas Pecke;
(ii) William Nash;
(iii) James Goodman of North Crawley [Buckinghamshire], shopkeeper
Operative Part:
- (ii) paid £430 to (i);
- (iii) paid 10/- to (i)
- (i) bargained and sold (a)-(f) in (I) to (ii)
Habendum:
- to (iii) for ever in trust for (ii) to secure repayment and subject to equity of redemption with interest at 5%
(IV) Mortgage by lease and release of 21-22 February 1830
Parties:
(i) James Goodman;
(ii) William Nash;
(iii) Lucy Whitworth of Wellingborough [Northamptonshire], widow;
(iv) Benjamin Coles of Olney [Buckinghamshire], grocer
Reciting:
- (III);
- the principal of £430 was still owing to (ii) (all interest having been paid) who needed £230 and had requested this from (iii)
Operative Part:
- (iii) paid £230 to (ii);
- (ii) transferred the principal sum of £430 secured by (III) and all securities to (iii);
- (iv) paid 10/- to (i);
- (i), by direction of (ii) released (a)-(f) in (I) to (iv)
Habendum:
- the principal sum of £430 to (iii) for ever subject to equity of redemption; interest at 5%;
- (a)-(f) in (I) to (iv) for ever upon trust for (iii) to secure repayment of £230
Proviso
- it was not incumbent on (iii) to call in the principal sum of £430 from Thomas Pecke
(V) Mortgage and further advance by lease and release of 11-12 May 1835
Parties:
(i) Benjamin Coles;
(ii) Lucy Whitworth;
(iii) William Nash;
(iv) Thomas Pecke;
(v) Thomas Ball of Oakley, farmer
Reciting
- (III);
- (IV);
- the principal sum of £230 was still owing to (ii), all interest having been paid;
- the principal sum of £430 was still owing to (iii) but all interest had been paid;
- (iii) called in the principal sum of £430 and (iv) requested that (v) loan him that sum plus a further advance of £70 making £500 debt in all;
- (ii) consented to receive £230
Operative Part:
- (v) paid £230 to (ii) by direction of (iii) and (iv);
- (v) paid £200 to (iii) by direction of (iv);
- (v) paid £70 to (iv);
- (v) paid 10/- to (i);
- (i) by direction of (ii), with consent of (iii) and by direction and appointment of (iv) released (a)-(f) in (I) to (v);
- (iv) released and confirmed and (ii) and (ii) released and quit claimed (a)-(f) in (I) to (v) subject to equity of redemption by (iv) - interest at 5%
Memorandum of 29 March 1842: “I have this day received by Payment of Mr Howkins, executor of Mr Slaney the sum of five hundred and ten pounds 8/3 the amount of principal and interest due on the within Mortgage from Mr Thomas Slaney deceased as the devisee in Fee and residuary Legatee of the late Thomas Peck deceased”
(VI) Memorandum of 23rd July 1839 of deposit of title deeds and further charge to secure £50 and interest made from Thomas Peck to Thomas Ball
(VII) Conveyance of 3 June 1841
Parties:
(i) William Lowe of Northampton, draper, eldest son and heir at law of George Lowe, late of Newport Pagnell [Buckinghamshire], deceased who was eldest son and heir at law of James Lowe and Ann, his wife, deceased;
(ii) Sarah Harrison;
(iii) Thomas Slaney of Riseley, yeoman
Reciting:
- (I)
- that (I) was executed by Susannah Sutton, Thomas Harrison the younger and Samuel Harrison “but inconsequence of certain differences having arisen between the said James Lowe and Thomas Harrison the elder and the said Thomas Pecke the same deeds were never executed by the said James Lowe and Ann his wife and Thomas Harrison the elder and Sarah his wife nevertheless the said Thomas Pecke continued in the actual possession and receipt of the rents and profits of all the said hereditaments and premises up to the time of his death”;
- death of Thomas Harrison the elder in March 1831 intestate leaving Sarah his widow;
- James Lowe and Ann his wife never did anything to pass her estate in (a)-(f) in (I); they had several children of whom George Lowe was eldest who married Mary Guilden by whom he had six children, of whom William Lowe is the eldest surviving son;
- George Lowe died on 21st December 1813 in the lifetime of James and Ann Lowe leaving William as his eldest son and heir at law;
- death of Ann Lowe in 1820 and James Lowe in November 1825;
- will of Thomas Pecke of 1st April 1836 devising all his real estate to his nephew Thomas Slaney for ever upon trust to pay rents and profits to the testator’s sister Susannah Sutton for her life and after her death the remainder of the real estate was devised to Thomas Slaney for ever;
- death of Thomas Pecke on 19 February 1841;
- death of Susannah Sutton in the lifetime of Thomas Pecke in November 1837;
- to settle all differences and effectually confirm the title of (iii), he requested that (i) and (ii) to convey (a)-(f) in (I) to him
Operative Part:
- (iii) paid £30 each to (i) and (ii);
- (i) and (ii) released (a)-(f) in (I) to (iii)
(VIII) Statutory declaration of Mary Lowe (née Guilden) of the pedigree of William Lowe
(IX) Certificate of 11 July 1841 of marriage of George Lowe and Mary Guilden and birth, baptism and death of Samuel Lowe, son of George and Mary and baptism of William Lowe, son of George and Mary and burial of James Lowe
(X) Statutory declaration of 17 August 1841 of George Rench as to his knowledge of Abraham Little and all devisees named in his will; certificate of baptism of Thomas, son of Samuel and Mary Harrison; certificate of marriage of Samuel Harrison and Mary Pecke; certificate of the burial of Thomas Harrison
(XI) Declaration of 15 February 1842 of Sarah Harrison showing intestacy of Hannah Sutton
(XII) Statutory declaration of 29 January 1842 of John Williamson esquire as to pedigree of Simeon Sutton Slaney as heir at law of Thomas Slaney deceased; certificate of marriage of Thomas Slaney with Mary Jeeres; certificate of burial of Susannah Sutton
(XIII) Conveyance of 26 March 1842
Parties:
(i) Simeon Sutton Slaney of 53 Old Compton Street, Soho [Middlesex], draper, eldest son and heir at law of Thomas Slaney;
(ii) Thomas Howkins of Basmead, Eaton Socon, farmer (executor, with William Goodliffe of Little Staughton, farmer, deceased of the will of Thomas Slaney);
(iii) Thomas Ball;
(iv) James Ball of Milton Ernest, farmer
Reciting:
- Thomas Slaney was seized of (a)-(f) in (I) subject to mortgage at (V) above and contracted to sell (a)-(f) free from encumbrances to (iii) for £1,130 including the timber thereon;
- death of Thomas Slaney on 8 August 1841 and his will of 5 March 1827 appointing (ii) and William Goodliffe as executors and bequeathed all his personal estate to them as trustees;
- death of William Goodliffe in April 1834 in the lifetime of Thomas Slaney;
- proof of the will of Thomas Slaney on 12 February 1842 in Archdeaconry of Bedford;
- Thomas Slaney made no conveyance to (iii) and died intestate as to real estate which descended to (i) as his heir at law;
- the principal of £500 was owing on (V) but all interest had been paid;
- (iii) requested (i) to convey (a)-(f) in (I) in fulfilment of the contract for sale
Operative Part:
- (iii) paid £630 to (ii);
- (iii) paid 10/- to (i);
- (i) released (a)-(f) in (I) to (iii);
- (ii) quit claimed to (iii)
Habendum:
- to (iii) to the use of any appointee of (iii); to the use of (iii) for his life; remainder to the use of (iv) during the life of (iii) in trust for (iii) to the use of (iii) for ever