Scope and Content
Parties:
(i) Thomas Lee, late of Saint George, Hanover Square [Middlesex], esquire, “but now residing in parts beyond the seas” (eldest son of Mary Lee, now Mary Schutz);
(ii) John Schutz;
(iii) Richard Marriott of Gray’s Inn [Middlesex], gentleman
Reciting:
- AN29/1;
- the marriage took place;
- Thomas Browne the elder died on 24 June 1714 and John Browne died soon afterwards without issue;
- Samuel Browne died 26 January 1716 [1717] leaving as issue a son, Thomas and Mary Browne pregnant with Mary Browne (now Mary Schutz);
- Thomas Browne the son died 21 March 1721 [1722] unmarried and without issue at which point Thomas Browne, brother of Samuel, became entitled to advowsons, rectories and tithes not limited in the jointure of his sister-in-law Mary and became entitled to reversion of the remaining Bedfordshire real estate
- Mary Browne the daughter (now Mary Schutz) became 21 on 21 April 1738 becoming entitled to her portion of £3,000;
- death of Isaac Ewer leaving the term of 200 years vested in Francis Saint John;
- AN29/2;
- report of master in Chancery of 18 July 1740 certifying that the property in possession of Thomas Browne, uncle to Mary Browne the plaintiff, were worth £3,890 and the premises in jointure (of which Thomas Browne was not in possession) were worth £5,435/7/1 - that the estate in possession of Thomas Browne ought to pay towards the portion £1,251/8/4¼ and the estate in reversion should pay £1,748/7/7/¾ and that it would be most convenient to raise the money for the portion by mortgages of the respective estates and the mortgage of the estate in reversion “should be on the terms of staying for the interest till after the death of the jointress or of the said defender Thomas Browne”;
- master taxed costs of Mary Browne the daughter, Francis Saint John and Oliver Saint John at £99/13/6 of which the estate in possession was to pay £41/16/6 added to the sum of £1,251/8/4¼ and £57/17/- added to the £1,748/7/7¾;
- AN29/3;
- Mary Browne married John Lee
- AN29/4;
- term of 200 years now vested in Elizabeth Ashhurst;
- Thomas Browne, son of Thomas Browne suffered a recovery of Bedfordshire real estate and in his will of 21 April 1748 directed that if his wife Elizabeth surrendered her jointure and dower rights in his freehold estates then he bequeathed her a rent charge of £400 per annum issuing out of all his manors of Etonbury, Arlesey and Langford, Arlesey Rectory and copyhold estates in Arlesey, Wilshamstead, Langford and Houghton Conquest, Astwick, Stotfold, Clifton and Little Barford and devised them to issue of his body, in default of such to William Farrer and Henry Bromfield in trust to raise £5,000 by mortgage for his wife to enable her to pay legacies and devised all manors and copyhold estates to Mary Lee, now Mary Schutz and heirs male of her body, in default of which the testator devised them to his own right heirs;
- Thomas Browne died without issue, survived by his wife, who was still alive;
- indenture of 14 July 1749 between (1) William Farrer and Henry Bromfield, (2) John Lee and Mary, his wife (niece of Thomas Browne and daughter of Samuel Browne, deceased), (3) Elizabeth Browne, (4) Ann Holgate, widow, (5) Lucy Malabar, widow, (6) Rev William Hatfield and Grace, his wife and (7) Thomas Barsham, esquire in which, to allocate the £400 rent charge to (3) and legacies to Grace Hatfield, Henry Bromfield, (4) and (5) and to settle estates (1) released and confirmed the Manor of Etonbury, Rectory of Arlesey with tithes and advowson and all real estate of Thomas Browne, deceased in Arlesey, Langford, Clifton, Henlow, Astwick, Wilshamstead and Houghton Conquest to (7) to the use of (5) for 1,000 years subject to the rent charge of £400 per annum, to the use of Mary Lee and issue, in default of which to the use of the heirs of Thomas Browne, deceased with covenant by John Lee to levy a fine sur cognizance de droit come ceo etc to (7);
- John Lee paid £3,000 (part of the sum of £5,000 being £1,000 to Ann Holgate, £500 to Lucy Malabar and £1,500 to William Hatfield) but did not take any assignment of terms and the £2,000 residue of the £5,000 remained unpaid - £500 to Lucy Malabar and £1,500 to the representatives of Henry Bromfield;
- death of John Lee after making his will of 1 July 1757 giving the interest of £3,000 to his wife Mary and bequeathed the residue of his personal estate to his son Thomas Lee who, on the death of his father, became entitled in equity to the sum of £3,000 subject to the life interest of his mother;
- AN29/7;
-deed to lead to the uses of a fine of 6 April 1764 from (1) John and Mary Schutz and (2) Francis Duroure and Thomas Upton;
- AN29/8;
- assignment of mortgage of 25 January 1771 between (1) Arthur Jones, (2) John Schutz and (3) Thomas Middleton in which (3) paid £1,871/10- to (1) and (1), with the consent of (2) assigned to (3) all manors, rectories, vicarages, tithes, advowsons, messuages, farms, lands etc for 1,000 years subject to redemption by (2);
- AN29/7;
- AN29/33-34
- the £1,000 was not money of Thomas Hall but of Thomas Middleton;
- Little Barford Inclosure Act [AN29/2] and the following allotments affecting the estate of Thomas Lee: (a) inclosed land of 192 acres, 2 roods, 28 perches in Broxhill Field in occupation of William Emery (b) newly inclosed land of 26 acres, 15 perches in Meadow Land Field in occupation of William Emery; (c) newly inclosed ground of 17 acres, 10 perches in Ten Willow Field or Well Spring Field in occupation of William Emery, (d) newly inclosed meadow of 24 acres in occupation of William Emery; (e) newly inclosed land of 193 acres, 3 roods, 18 perches in Middle Field in occupation of John Peck; (f) newly inclosed land of 32 acres, 1 rood, 8 perches in Ten Willow or Well Spring Field in occupation of John Peck; (g) newly inclosed land of 2 acres, 3 roods in Ten Willow or Well Spring Field in occupation of John Peck; (h) newly inclosed meadow of 30 acres in occupation of Joseph Peck; (i) newly inclosed land of 194 acres, 3 roods, 10 perches in Middle Field and Field Way Field in occupation of Edward Peck; (j) newly inclosed land of 29 acres, 2 roods, 27 perches in Meadow Land Field in occupation of Edward Peck; (k) sward called The Leys of Crofts in Middle Field lately inclosed and containing 5 acres, 9 perches in occupation of Edward Peck; (l) newly inclosed meadow of 24 acres in occupation of Edward Peck; and reciting exchange between Thomas Lee and Henry Tingey in which Thomas Lee received Townsend Close and Peters Close and an old close of 3 roods, 17 perches;
- AN29/26
- (iii) had paid £700, part of the purchase price, to (i)
Operative Part:
- (iii) paid an additional £2,800 to (i);
- (i) conveyed (a)-(i) to (iii)
Property:
(a) Manor of Little Barford with advowson of the rectory;
(b) free fishing in Great Ouse at Tempsford and Eaton Socon;
(c) site of the manor house;
(d) farmhouse and 271 acres, 2 roods 9 perches in occupation of William Emery;
(e) farmhouse and 266 acres, 1 rood, 5 perches in occupation of John Peck;
(f) farmhouse with closes of arable, meadow and pasture containing 267 acres, 17 perches in occupation of Edward Peck;
(g) several cottages in occupation of Edward Emery, John Selby, William Landon, [blank] Lewis, William Beby, Edward Wells, John Darlow, Richard Emery, George Pell, Thomas Peck and Martin Croucher;
(h) quit rent of 13/4 issuing out of lands late of Thomas Tingey in Little Barford;
(i) quit rent of 2/4 issuing out of lands late of Ashcombe [Oliver Ayshcombe?] in Little Barford and Eynesbury
Habendum:
- to (iii) to the use of (iii) for ever
Covenant:
- by (iii) to pay £344 annuity to (ii) and to longest lived of them
Witnesses:
- Thomas Elliott and H J Rehling, servants to John Schutz