Copy decretal order, Dixon and Warwick and others. This sets out the history and...
This record is held by Lincolnshire Archives
Copy decretal order, Dixon and Warwick and others. This sets out the history and progress of the suit. more legibly than the plaintiff's Bill in 1 DPD1/12
Plaintiff's father had good estate of inheritance in Red Hall farm in Bourne consisting of a large dwelling house with dovecote, barns, stable, orchard, gardens and 30 acres of inclosure lying round the house and 30 acres of arable in the open fields and c. 6 acres of meadow of c. £36 per annum mortgaged but does not say for how much or to whom.
Also an estate in 2 mills one of £8 and one of £18 per annum and of 5 lands of 3½ acre of £3 per annum, and of 1 close, Gallway close of £3 per annum, and of several other lands in meadows of Bourne of £3 and other lands in the fields of Bourne of £2 per annum.
That the father with his wife were seized to uses and of their assigns according to the custom of Bourne cum membris of a copyhold farm in Bourne Westgate, dwelling house, malting office, etc. and 60 acres of land and meadow of £25 per annum and several other messuages and lands in Bourne and Morton and a considerable personal estate and made his will (see 1 DPD1/5)
Plaintiff then made a case that although he was told at the time his father had given his estates to his mother absolutely he was later advised that the will only gave her an estate for life and that he had been either deceived or drunk when he signed a release for £100 1 DPD1/6-7 and made surrender of the copyhold lands in the court of Bourne cum Membris.
Barbara Dixon and Richard Dixon made answer and described the estate as Red Hall farm, 30 acres of enclosure, 30 acres of arable and a parcel of meadow of 6 acres all in Bourne of £36 per annum and charge with a chief rent of 11.8d. to the Earl of Exeter, also 2 freehold watermills of £8 and £18, and a rent of £8 issued from them to a hospital at Stoke, co. Lincoln founded by Sir Edmond Turnor, ref. also to copyholds and the manner of admissions, Gallways Close £1 per annum, two houses in Bourne, copyhold, £4 per annum with 11s. 8d. payable to the lord of the manor, and some other bits of copyhold of the manor of Bourne Abbots worth £12, 29s. 8d. payable to the lord, another messuage with malting office in Westgate, 2 acres in West field of Bourne, 32 acres of lea ground and meadow and 3-4 acres of arable land near Gobold's park, of the manor of Bourne, worth £20 per annum, £2.6.8 payable to the lord.
Richard Dixon had made a liberal provision for the plaintiff and fully advanced him and had often declared he would leave his whole estate at the disposal of Barbara Dixon to provide for her other children. That the plaintiff had joined with her in a deed whereby he was to be paid £100 on her decease because it was not clear whether she had the right to sell real estate under the wording of the will.
Reference to Barbara Dixon's will and the appointment of John Cawthorpe and Edward Curtis. Reference to an inventory of her personal estate but it is not with these papers. Reference to the agreement with Richard Warwick.
Plaintiff's bill dismissed with costs to be paid by plaintiff. £100 to be paid to the plaintiff by Cawthorpe and Curtis (1 DPD1/6-7)
|Date:||20 May 1728|
|Held by:||Lincolnshire Archives, not available at The National Archives|