Scope and Content
Parties:
(i) Thomas Middleton of Winchester School, aged 17, eldest son and heir at law of Thomas Middleton, late of Lincoln’s Inn [Middlesex], gentleman, deceased;
(ii) Thomas Hall, late of Lincoln’s Inn, now of Park Street, Grosvenor Square [Middlesex], gentleman;
(iii) Edward Kinaston of Lincoln’s Inn, esquire and Thomas Walley Partington of Lower Brook Street, Saint George’s, Hanover Square [Middlesex], esquire, executors of Thomas Middleton, deceased;
(iv) Thomas Lee, late of Saint George’s, Hanover Square, now in parts beyond the seas;
(v) Richard Marriott, late of Gray’s Inn [Middlesex], now of Piccadilly [Middlesex], gentleman;
(vi) Samuel Pepys Cockerell of His Majesty’s Board of Works, surveyor;
(vii) Elizabeth Ashhurst of Bedford Row, Saint Andrew, Holborn [Middlesex], widow;
(viii) Robert Taylor of Spring Gardens, Westminster [Middlesex], esquire
Reciting:
- AN29/1;
- 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”;
- 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);
- AN29/12;
- AN29/31;
- AN29/11;
- AN29/12;
- AN29/30-31;
- AN29/33-34;
- the £1,000 was not money of Thomas Hall but of Thomas Middleton;
- AN29/39;
- AN29/40;
- Thomas Middleton survived Walter Gibbons and died in December 1776 and in his will of 31 October 1769 appointed (iii) as executors who proved it on 24 January 1777 in PCC;
- Order in Chancery of 10 December 1779 on petition of Thomas Lee which was referred to Master Pechell to decide how mortgaged premises were vested in (i) and whether he was an infant and mortgagee under an act of 7 Anne enabling infants to convey as mortgagees;
- report of 17 December 1779 stating that (i) was infant and mortgagee;
- John and Mary Schutz had no issue nor any hope of any;
- all interest on Thomas Middleton’s mortgage of £1,000 had been paid and assignment of 4 September 1781 between (1) Thomas Hall, (2) Edward Kinaston and Thomas Walley Partington, (3) Thomas Lee and (4) Richard Marriott in which (1), by direction of (2) and (3) assigned all mortgaged property to (4) who paid £1,000 to (2);
- all interest accruing under mortgage of An29/30-31 and on £3,400 and £1,877/10/- had been paid;
- (viii), with consent of (v) agreed with (iv) to purchase inheritance of Manor of Astwick, advowson of Astwick and all property of (iv) in Astwick, Stotfold and Langford free from incumbrance (other than £172 per annum (half of £344) payable to John and Mary Schutz), and the manor of Little Barford, expectant on the death of Mary Schutz for a total of £4,750, of which £1,000 was to be paid to (iii), £2,200 to (v) and £1,550 to (iv)
- (viii), with consent of (v) agreed with (iv) to purchase inheritance of Manor of Astwick, advowson of Astwick and all property of (iv) in Astwick, Stotfold and Langford free from incumbrance (other than £172 per annum (half of £344) payable to John and Mary Schutz), and the manor of Little Barford, expectant on the death of Mary Schutz, for a total of £4,750, of which £1,000 was to be paid to (iii), £2,200 to (v) and £1,550 to (iv)
Operative Part:
- (viii) paid £1,000 to (iii) by direction of (iv);
- (viii) paid £2,200 to (v) by direction of (iv);
- (viii) paid £1,550 to (iv);
- (v) had paid £1,000 to (iii) secured on premises in Newton Street, Holborn [Middlesex] and Princes Street, Holborn;
- (vi) paid 10/- each to (i), (ii), (iv) and (v);
- (i), and (ii) by request of (iii), (vi), (v) and (viii), and (v) with approbation of (iv) and (viii) released (a)-(p) to (vi)
Property:
(a) Manor of Little Barford;
(b) advowson of Little Barford Rectory;
(c) free fishing in Great Ouse at Tempsford and Eaton Socon;
(d) site of the manor house;
(e) farmhouse and 271 acres, 2 roods 9 perches in occupation of William Emery;
(f) farmhouse and 266 acres, 1 rood, 5 perches in occupation of John Peck;
(g) farmhouse with closes of arable, meadow and pasture containing 267 acres, 17 perches in occupation of Edward Peck;
(h) 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;
(i) quit rent of 13/4 issuing out of lands late of Thomas Tingey in Little Barford;
(j) quit rent of 2/4 issuing out of lands late of Ashcombe [Oliver Ayshcombe?] in Little Barford and Eynesbury;
(k) Manor of Astwick alias Estwick in Astwick, Stotfold and Langford;
(l) advowson of the Rectory of Astwick;
(m) manor house in Astwick;
(n) Greyhound Inn or New Inn, Astwick near the London Road in occupation of William Leonard;
(o) land in Astwick known as Rod Field, Chain Field alias Marsh Field alias Middle Field, John a Vines Field, Toplis Hill Field, Langford Hill Field and Stocking Close containing 478 acres, 2 roods, 18 perches in occupation of Edward Pain;
(p) chief quit rent of 7/9½ per annum payable by Richard Edwards, esquire for lands in Astwick
Habendum:
- to (vi), to the use of (vii) for 1,000 years from 19 April 1764 to the intent that remain security for (vii) for £1,200 (part of £1,877/10/-) at 5% interest and security for (iii) for £677/10/- with interest at 5%; on expiration of which then as to (a)-(j) to the use of (v) and as to (k)-(p) to the use of (viii) and (vi) in trust for (viii) released from all provisos and conditions of AN29/24
Operative Part:
- (viii) paid £1,700 (part of £4,750) to (iv) and for a further 10/- paid by (viii) to (iv);
- (vi) assigned to (viii) the sum of £3,400
Habendum:
- to (viii) subject, for the £3,000, to the life interest of Mary Schutz
Witnesses:
- John Collett, British consul in Genoa;
- John Heath and Joseph Brame, British merchants in Genoa;
- Christopher Norris of Lincoln’s Inn;
- Richard Hopkins, clerk to Christopher Norris;
- Thomas Wail