Bedfordshire Archives Service Catalogue
  • Reference
    AN15/3
  • Title
    Copy decretal order by Master of the Rolls in case in which Nicholas Waite and Judith, his wife were plaintiffs and John Ridges and Ursula, his wife and Daniel Chandler and Anne, his wife and Abigail Richardson, widow were defendants, the plaintiffs’ case
  • Date free text
    5 November 1687
  • Production date
    From: 1664 To: 1687
  • Scope and Content
    - that Thomas Garrett, esquire was tenant for life with remainder to his heirs begotten on the body of Ann, his wife (now Ann Gould) of Manor of Creakers except the site of the manor and other lands settled on Ann, his wife for her life, remainder to the heirs of Thomas and Ann by virtue of deed of 10 March 1663 [see AN15/2]; - that Thomas Garrett died in 1664 leaving issue of four daughters - Ursula (now Ursula Ridges), Anne (now Anne Chandler), Judith (now Judith Waite) and Martha who died an infant; at Thomas Garrett’s death Ann, his wife, was pregnant with Thomas, heir of Thomas Garrett, who died an infant making the three surviving daughters co-heirs and each entitled to one third of the Creakers estate; - that four years before Daniel and Anne Chandler and John and Ursula Ridges mortgaged their two thirds of the farm in Great Barford purchased from George Favell to Judith Waite for £462/18/1 and interest; - Nicholas Waite being entitled to the other third part in right of his wife last Michaelmas suffered a fine sur cognizance de droit come ceo etc and common recovery of a third part of all property not limited to Ann Gould which were declared to be to his use for his life, after to persons therein named for their lives in trust to preserve contingent remainders and after his death to the use of his widow and her heirs and assigns for ever, but if she died in his lifetime then to the use of the first, second and third son or heirs male, for want of issue to daughters, in default of which to the use of the heirs of Nicholas Waite for ever with proviso for settlement on trustees of property of like value in which case the recovery should be to uses of Nicholas Waite and his heirs for ever; -“A Commission of Bankrupt being taken out against the said Ridges and the Defendant Chandler and his wife having conveyed their third part to the Defendant Richard in Trust for him and his Heirs to the end that a Commission may issue for dividing of the premises except as aforesaid into three equal parts and that the Plaintiffs may be allowed their share according to their Interests is the Scope of the Plaintiffs’ Bill” Counsel for the defendants John and Ursula Ridges and Daniel and Anne Chandler alleged that the common recovery had by Nicholas and Judith Waite of any part of the premises limited to Ann Gould for her jointure was void and they claimed two third parts as heirs of the bodies of Thomas and Ann Garrett; they admitted mortgaging Favell’s Farm, Great Barford to Judith Waite, John and Ursula Ridges further confessing to have mortgaged all the rest to Judith Waite for £450 in trust for Ann Gould with the commission in bankruptcy being taken out against John Ridges but that none of the commissioners had sold any part of his interest - the defendants were willing a dividend should be made of the premises so they should have their shares Counsel for Abigail Richardson alleged that Daniel and Anne Chandler conveyed their third part, except Ann Gould’s jointure and Favell’s Farm to Henry Hatsell, Edward Goodwin in trust for Daniel Chandler and his heirs [AN15/2] and that Hatsell and Goodwin on 9 and 10 September 1687 conveyed the premises to Abigail Richardson with provision for redemption of a bond within six months wherein Abigail Richardson became bound with Daniel Chandler for a debt to Sir Thomas Gould with penalty of £600, with Abigail Richardson, in default, having power to sell to pay the bond, which “is not yet paid” and she wanted the property to be divided so she could enjoy her one third part Order that the property be divided between the parties and issued a commission to William Rudd, gentleman, Samuel Hills, gentleman, George Nodes, gentleman, John Baber, gentleman, John Larking, gentleman and Henry Savage, gentleman, all of Bedfordshire empowering them to divide the property, except that limited by a jointure to Ann Gould and Favell’s Farm into three equal parts one third for Nicholas and Judith Waite, one third for John and Ursula Ridges and one third for Abigail Richardson in trust for Daniel Chandler subject to discharging the bond for £600; once the division had been made the parties were to cast lots for which third part they received
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