Scope and Content
Parties:
(i) John Emerson of Hallingbury [Essex], clerk and Mary, his wife;
(ii) Sarah Downes, widow of John Downes late of Saint George the Martyr [Surrey], jeweller, deceased and sister, devisee and hair at law of John Garthorne late of Felsted [Essex], clerk;
(iii) Elizabeth Humphreys of York, spinster;
(iv) Henry Hall of Great Saint Helen’s, Bishopsgate Street [London], cyder merchant; Gilbert Burton of Eltham [Kent], gentleman, devisees in the will of John Garthorne, deceased;
(v) Charles Scrase of Saint Clement Dane’s [Middlesex], gentleman; George Woodward Grove of Chancery Lane [Middlesex], gentleman; William Deacon of Southwark [Surrey], gentleman; John Butler of Saint Olave, Southwark , gentleman;
(vi) William Becher of Howbury, esquire;
(vii) William Pedley of Great Barford, gentleman
Reciting:
- will of John Garthorne of 23 June 1737 devising all real estate in Great Barford to (iv) for the life of his sister (ii) in trust to allow her to receive rents and profits for her life, remainder to the heirs of her body, remainder to his cousin John Garthorne and making Henry Hall executor;
- John Garthorne the cousin died in the lifetime of John Garthorne the testator;
- AN13/1-2
- lease and release of 27 am 28 December 1739 between (1) John Garthorne and (2) (i) of (f)-(t) to further secure the loan of £800;
- AN13/13;
- sale of copyhold and freehold estates of (ii) by Master in Chancery and his report of 6 July 1748 that Thomas Lloyd had bid £180 for the copyhold and John Butler £1,550 for the freehold confirmed by Order in Chancery of 2 August 1748;
- Master in Chancery in his report of 28 January 1748 [1749] certified that £275/18/- was due to (iiii) on her bond of £200 and that after payment to her of the £180 for the copyhold lands there would remain owing £95/18/- and that her had taxed her bill of costs at £97/12/- and the costs of (iv) at 30/18/2 which being added together made £224/8/2; there was due to (i) for principal and interest £953/5/9 and for costs £85/16/4 making together £1,039/2/1 which was to be paid to him out of the sale of the freehold lands whereby purchase money was reduced to £510/17/11 out of which £224/8/2 was to be paid to (iii) which would leave £286/9/9 which was confirmed on 31 January 1748 [1749];
- AN13/4-5;
- AN13/7-8;
- AN13/10-11;
- AN13/13;
- AN13/14-15;
- John Butler agreed that (b)-(t) should be assured to (vi) and (vii);
- (vi) had agreed to pay £644/1/- for lands and (vii) had agreed to pay £905/19/- which together comprised £1,550;
- due to (i) for additional interest from 31 January 1748 [1749] £64/17/11 and for his costs since that time £5/3/- making a total sum owing to him of £1,109/3/-;
- due to (iii) for additional interest from 28 January 1748 [1749] an extra £14/1/6 and for costs £5/17/8 giving a total owed of £244/7/4;
- the total owing to both (i) and (iii) was now £1,353/10/4 to be deducted from £1,550 leaving a residue of £196/9/8
Operative Part:
- (vi) paid £443/11/4 to (i) at request of (ii) and consent of (v);
- (vii) paid £665/11/8 to (i) at request of (ii) and consent of (v);
- (vi) paid £104/7/4 to (iii);
- (viii) paid £140 to (iii);
- (vi) paid £86/9/8 to (ii) by consent of (vi) and (v);
- (vii) paid £110 to (ii) by consent of (iv) and (v) ;
- (vi) and (vii) paid 5/- to (iv) and (v);
- (iv) and (v) by appointment of (ii) released and (ii) released and confirmed (a)-(s) to (vi) and (vii)
Property:
(a) 7 acres of meadow in Westmead;
(b) 10 acres of arable in Millfield;
(c) 10 acres of meadow with a cottage;
(d) wood called Cuckow Wood alias Creakers alias Crecus containing 40 acres “which is now stubbed up”;
(e) arable called Thirty Acres Piece adjoining Boseley Fields containing 31 acres, 3 roods, 2 perches;
(f) two pieces of land in Elder Stump Furlong containing 1 acre, 2 roods;
(g) two pieces of land in Elder Stump Furlong containing 2 roods, 20 perches;
(h) land in Northfields containing nine acres;
(i) land called Seven Acres Piece containing 5 acres, 20 perches;
(j) land of 4 acres, 2 roods, 20 perches;
(k) two pieces of land in Boseley Field containing 10 acres, 20 perches and 6 acres, 2 roods respectively;
(l) land containing 5 acres, 3 roods, 30 perches;
(m) land containing 5 acres, 3 roods, 30 perches;
(n) land containing 2 roods, 26 perches;
(o) close called Shepheards Pasture containing 24 acres, 2 roods, 34 perches on part of which a cottage and barn are standing;
(p) Pear Tree Close containing 11 acres, 1 rood, 32 perches;
(q) Little Ellands containing 9 acres, 2 roods, 22 prches;
(r) Turvey’s Close and Spinney containing 11 acres, 3 roods, 24 perches;
(s) piece of meadow in Gadsey Mead called Number Fourteen containing 2 acres, 2 rood, 36½ perches “changeable every other year with the piece named Number Seventeen”
All in occupation of William Field, Solomon Stafford, William Pedley and Roger Harris
Habendum:
- to (vi) and (vii);
- (d), (o) including Turvey’s Corner, half part of (e), (b) and (k) to the use of (vi);
- (a) with cottage formerly in the occupation of Roger Harris, deceased, (s), (p), (q), a little close by Turvey’s Corner, (r), (h) called Long Close and two other pieces of land in Northfields and half of (e), (b) and (k) to the use of (vii)
[individual ownership of (c), (f), (g), (i), (j), (l), (m) and (n) not mentioned in habendum]
Witnesses:
- Richard Cromwell;
- Jerningham Cheveley;
- R Watts;
- J Knowles