Scope and Content
(I) lease and release of 17-18 February 1834
Parties:
(i) John Waller of Luton, gentleman and Susanna Thomson of Luton, spinster;
(ii) Edmund Waller of Luton, gentleman;
(iii) John Waller
Reciting:
- 99 year lease of 17 February 1824 from (1) John Crichton Stuart, 2nd Marquess of Bute to (2) James Gutteridge of Luton, esquire of land including: 1 acre, 2 roods, 20 poles formerly in the occupation of Joseph Brown; 1 acre, 1 rood, 33 poles formerly in the occupation of Edward Sell; 3 roods, part of a meadow formerly in the occupation of Charles Chapman; 2 roods 11 poles lately laid out as a new road running across meadow in occupation of Charles Chapman and James Brett with right of free fishery in River Lea between the bridges crossing and Back Water in Barton Road and Black Water Bridge - annual rent £41/5/-;
- will of James Gutteridge of 17 September 1825 devising to executors John Waller and Susanna Thompson freehold esatates for sale including Lot 17 house in occupation of Mr Hill, stationer and Lot 18 house in occupation of Mr Dimmock, shopkeeper with house in which the testator resided one side and Lot 17 on the other and devising and bequeathing to John Waller and Susanna Thomson residue of his personal estate in trust for sale and “the house and premises that I now reside in formerly the White Horse Inn with the close called White Horse Close and garden also the close called Harden Hall together with the meadow across the River Lea called Morris’ Mead all of which is my freehold propery and also the close formerly belonging to Joseph Brown, the orchard late occupied by Mr Sells which adjoins Church Street that part of the close on this side of the River, part of close occupied by Mr Chapmanwhich is part of the land I hold under a lease of 99 years from the Marquess of Bute” to be sold at any time within ten years from the Miachaelmas after his death but not to be sold before that period at a less sum than £3,500 with monies raised by the sale to be put out on government securities in the names of his trustees for testator’s brothers, sisters, nephews and nieces;
- codicil to the will of James Gutteridge of 30 June 1830 not affecting the recited land;
- death of James Gutteridge on 11 July 1831;
- decree in Chancery on 25 July 1832 in a cause in which Martha Thomson was plaintiff and John Waller, Susanna Thomson, Ann Perkins and others were defendants ordering, inter alia, establishment of James Gutteridge’s will and codicil exceot so much of the will as directed surplus rents of properties in George Street and Market Hill, Luton to be disposed of to the deacons of the Baptist Meeting and trustees of the Methodist chapel for giving to the poor of those meetings and ordering that the testator’s principal estate not specifically bequeathed should be applied in payment of debts and funeral expenses, then in payment of legacies, ith proceeds of sales being used if personal estate insufficient;
- also ordering sale of the real estate as mentioned in the will for the best possible price, the money being paid into the Bank of England but property which the teatstor had ordered should not yet be sold and specifying a minimum sum should be sold for a sum not less than the minimum specified in the will;
- petition of John Waller of 31 July 1833 requesting liberty to bid in the sale and order of 8 August 1833 allowing this;
- report of the master, Robert, 2nd Baron Henley, of 31 October 1833 noting that he had placed advertisements for the auction sale on 30 September and 1 October 1833 in 31 Lots, that John Waller was highest bidder for Lots 18 at £230, Lot 19 at £320 and Lot 26 at £3,570;
- order nisi of 8 November 1833 confirming the report;
- accounts presented by John Waller on 19 November 1833;
- order of 24 December 1833 making order nisi absolute;
- order of 31 January 1834 ordering John Waller before 6 February 1834 to pay the £4,220 for his purchases together with £38 interest;
- John Waller paid £4,258 on 6 February 1834;
- John Waller now wished conveyance of the property he had purchased
Operative Part:
- (i) released (a) to (ii)
Property [inter alia]:
(a) land consisting partly of kitchen garden and shrubbery or plantations and the residue pasture or meadow containing together 5 acres, 3 roods abutted: W by Barbers Lane, N by the River Lea; E by River Lea and Church Street - Lot 26
Habendum:
- to (ii) to uses declared by (iii) and in default to the use of (iii) for his life, to the use of (iii) during the life of (iii) in trust for (iii), to the use of (iii) for ever
Operative Part:
- (i) assigned leasehold premises (b)-(g)
Property:
(b) dwelling in Church Street in occupation of Wilston abutting S on cottage of Edward Sell, N on on (c);
(c) cottage in Church Street in occupation of Drewitt abutting S on (b), N on (d);
(d) messuage in Church Street in occupation of Ocellar abutting S on (c), N on (e);
(e) messuage in Church Street in occupation of Eliza Hinson abutting S on (d), N on freehold cottage of Marquess of Bute in occupation of Thomas Foster
(b)-(e) built by James Gutteridge on ground leased to him on 17 February 1824
(f) land adjoining (a);
(g) slip of land adjoining (f) and comprising half the land mentioned in the lease of 17 February 1824 to have been formed into a new road and estimated at 3 acres, 3 roods, 30 poles
(II) Will of John Waller of 17 March 1858 appointing his sons-in-law John Barritt Melson, esquire of New Hall Street, Birmingham [Warwickshire] MD and Rev John Vanes of Tiverton [Devon], Wesleyan Minister as executors and devising his real estate to them in trust for sale
(III) Codicil to the will of John Waller of 17 March 1858 not affecting the trust estate
(IV) Death of John Waller on 24 January 1859
(V) Proof of the will of John Waller in PPR on 19 March 1859