Scope and Content
Parties:
(i) Elizabeth Ashhurst of Bedford Row, Saint Andrew, Holborn [Middlesex], widow;
(ii) Edward Kinaston of Lincoln’s Inn [Middlesex], esquire and Thomas Walley Partington of Lower Brook Street, Saint George’s, Hanover Square [Middlesex], esquire (executors of the will of Thomas Middleton of Lincoln’s Inn, gentleman, deceased);
(iii) John Schutz of Saint George’s, Hanover Square, esquire and Mary, his wife and Joseph Kaye of Saint George’s, Hanover Square, gentleman;
(iv) Richard Marriott, late of Gray’s Inn [Middlesex], now of Brook Street, Saint George’s, Hanover Square, esquire;
(v) Sir Robert Taylor of Spring Gardens, Westminster [Middlesex];
(vi) John Mitford of Lincoln’s Inn, esquire and Christopher Norris of Lincoln’s Inn, gentleman;
(vii) Elizabeth Caroline Fox of Binfield [Berkshire], widow;
(viii) Samuel Denison of Staple’s Inn, London, gentleman
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;
- AN29/4;
- John Lee died in 1761;
- Mary Lee married John Schutz;
- AN29/7;
- AN29/8;
- AN29/9;
- AN29/11;
- AN29/12;
- AN29/25;
- AN29/26;
- AN29/27;
- assignment of mortgage of 25 January 1771 endorsed on AN29/8;
- AN29/35;
- AN29/30-31;
- AN29/33-34;
- the £1,000 was not money of Thomas Hall but of Thomas Middleton;
- indenture of 27 March 1775 between (1) John Schutz, (2) Mary Schutz, (3) Daniel Fox of Chancery Lane [City of London], gentleman, trustee for Mary Schutz, (4) Thomas Middleton and (5) Edward Kinaston;
- fine sur cognizance de droit come ceo etc of Hilary 1775;
- AN29/39-40;
- AN29/45-46;
- £3,400 remained outstanding but all interest had been paid;
- £1,200 remained outstanding but all interest had been paid;
- £677/10/- residue of £1,877/10/- and £2,000 remained outstanding but all interest had been paid;
- (iii)-(v) had agreed to divide the £1,877/10/- between different securing properties and Bedfordshire manors were charged with £831/8/-;
- Joseph Kaye had lately bought from John Schutz, amongst other things, the yearly rent of £344;
- (iv) had agreed with (v) that £3,400 and £831/8/- should be secured only on the Manor of Little Barford;
- (i), needing the £4,600 she had lent on mortgage applied to (vii) to assign the mortgages to her and (ii) had agreed to pay off £368/12/-, residue of the £4,600 on having security for this and the sums due to them of £677/10/- and £2,000 making together £3,046/2/-
Operative Part:
- (vii) paid £3,400 to (i) by direction of (iv);
- (vi) paid 10/- to (i);
- (i), by direction of (iv) and consent of (iii) and nomination of (v) and (vii) assigned and (iii) and (iv) confirmed all Bedfordshire manors to (vi)
Habendum:
- to (vi) for the residue of 200 years upon trusts: the Manor of Little Barford in trust for (vii) subject to equity of redemption; the Manor of Astwick alias Estwick in trust for (v)
Operative Part:
- (vii) paid £831/8/- to (i) by direction of (iv);
- (ii) paid £368/12/- to (i) by direction of (iii);
- to secure repayment of £831/8/- to (vii) and £368/12/-, £677/10/- and £2,000 to (ii), and for 10/- paid to each of (i), (ii) and (iii) by (vi), then (i) by direction of (iii) and (iv) and nomination of (ii), (iv) and (vii) assigned and also (ii) assigned the Bedfordshire manorsto (vi)
Habendum:
- to (vi) for residue of 1,000 years upon trusts: Manor of Little Barford in trust for (vii) subject to equity of redemption; the Manor of Astwick alias Estwick in trust for (v)
Proviso:
- for equity of redemption - interest 5%
Witnesses:
- Thomas Wall;
- R Hopkins, clerk to Christopher Norris;
- Richard Richardson of Staple’s Inn;
- James Bepy
Endorsement of further advance of £768/12/- from (vii) to (iv) on 12 September 1785 witnessed by Samuel Denison and Richard Richardson