Catalogue description Robert Carleton of Carleton Hall Esq. deceased: family settlement by his only child Mary, Chancery lawsuit by his many creditors, and resulting sale deeds further complicated by the purchaser's death before completion

This record is held by Cumbria Archive Centre, Carlisle

Details of D CC 2/46
Reference: D CC 2/46
Title: Robert Carleton of Carleton Hall Esq. deceased: family settlement by his only child Mary, Chancery lawsuit by his many creditors, and resulting sale deeds further complicated by the purchaser's death before completion
Description:

Full detail of the Carleton estate (including schedule of its rental) and of his many creditors; also details of other members of Carleton family in London and elsewhere.

 

As follows:

 

Family settlement by lease and release (Mary Carleton of Carleton spinster, the heir and only daughter of the late Robert Carleton of Carleton Esq., to Alexander Carleton of St. Martin's in the Fields, Middx., Esq., Sir Christopher Musgrave of Edenhall Bt., John Burgh of St. Andrew's Holborn, Midd., Esq., and David Rynd of Daryoolan, Co. Fermanagh, Esq.) - Carleton Hall and its estate (full details; includes tenants; rents; and garths), in trust for Alexander Carleton and his heirs, and the other Carletons (elsewhere) herein named, 1714

 

Mortgage for £100 (Alexander Carleton late of St. Martin's in the Fields but now of Carleton Hall Esq., to John Pattenson of Penrith gent.) - the house etc., garth, garden, and closes called Croft, Throng, etc. (as before); armorial seal; Royal Arms at head, 1717[/8]

 

Interest payments endorsed, 1719, 1720.

 

Lowther v. Carleton (In Chancery): Master R Godfrey's report, 1720

 

The parties were: Robert Lowther Esq. and Joan his wife (Executrix of the late Robert Carleton Esq.), plaintiffs; Mary Carleton spinster, Samuel Brougham gent. and Dorothy his wife, Dorothy Sisson, Henry Eyre, and Parsevell Hornsby, Executors of Henry Fletcher, Bart., defendants.

 

The report cites two Orders dated 14 July 1716 and 14 Oct. 1717, and the General Order of Transfer dated 14 Oct. 1719; and states that Mr John Pattenson of Penrith now offers £4450 for the late Robert Carleton Esq's estate, the sale of which the Court has already decreed; adds that this Mr Pattenson has deposited £300 with him, and that Master Godfrey has declared him the buyer accordingly.

 

Schedule, in the form of a full rental of the Carleton Estate, follows, with details of the lands etc. mortgaged to Sir Henry Fletcher's Trustees (these include "a water corn mill" - no further details), and to Mrs Sisson.

 

The consequent conveyance for £4450 (Mary Carleton late of Carleton Hall but now of St. Andrew's Holborn spinster, to John Pattenson of the Netherend in Penrith gent.; with Edward Thornbrough of Kirkoswald dyer, third party), reciting that the £4450 is to repay her late father's creditors; full description of the estate; usual armorial seal of vendor, 1721

 

Conveyance of the case's "judgments, bonds, and bills" for £1672. 18s. 4½d. (the Hon. Robert Lowther of "Mauls Meaburne alias Maudes Meaburne" in Westmorland Esq. and Joan his wife, formerly the widow and sole Executrix of the late Robert Carleton of Carleton Hall Esq. to Robert Pattenson of Sherburn Lane, St. Mary Woolnoth, City of London, merchant (nominated by Mr John Pattenson), conveyed at the request of Mary Carleton and John Pattenson) - recites the full background history of the matter, Robert Carleton's mortgages, finances, debts, death in Sept. 1703, the Chancery lawsuit and outcome; full list of his many debts, 1721

 

Bargain and sale (same to the said John Pattenson) of the Manor or reputed Manor of Carleton and its estate (full details), including "all those two Water corn mills under one roofe near Carleton Hall on the north side of the River Eamont alias Emont ... called ... the Norther Mills", for £1672. 8s. 4½d. and £2777. 11s. 7½d.; variants of place-names are given, e.g. "Penreth alias Penrith alias Perith" - refers to several sale-advertisements "in the Gazette", 1721

 

Lease and release as further safeguard of the conveyance of the Manor of Carleton and its estate (Mary Carleton, as before, to Thomas Pattenson of Breaks in Westmorland Esq., Robert Gibson of Lancaster Esq., the Rev. John Christopherson of Appleby in Westmorland, and John Cockell of Lowther Hall in Westmorland, gent.; with William Sandford of Askham in do. Esq., and Henry Aglionby of Nunnery in Cumberland as third parties) - necessitated by the sudden death of the purchaser John Pattenson Esq. on 26 August 1721 before the sale was completed by the livery of seisin; recites his Will made three days earlier, 1722

Date: 1714 - 1722
Held by: Cumbria Archive Centre, Carlisle, not available at The National Archives
Language: English

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