Catalogue description Exchange

This record is held by Shropshire Archives

Details of 1987/32/4
Reference: 1987/32/4
Title: Exchange

1. William Smith Stokes of Ludlow, Bank Manager


Francis Cobb of Doctors Commons, London, gent.


John Edward Bartlett late of Ayelsbury, Bucks, now of Peverel Court, Stone, Bucks, Esq.


Thomas Francis Cobb of Margate, Kent, Esq.


2. John Edward Bartlett


3. William Gregory Norris of Coalbrookdale, ironmaster


4. Abraham Darby, formerly of Coalbrookdale, now of Treberfydd,Brecon, Esq.


5. Alfred Edmund William Darby of Stanley Hall, Bridgnorth, Esq.,


Recital of the will of Mary Rathbone late of Coalbrook Dale, widow, deceased 22 February 1805, reciting she had contracted with Timothy Tate and Henry Lloyd, gents, for the purchase of several houses and lands at or near Coalbrookdale, she directed her sister Sarah Darby, her nephew Edmund Darby and Francis Darby and her relation Barnard Dickinson her trustees and executors out of her personal estate to complete the purchase, to be to the use of her nephew Edmund Darby for life, to William Horton, merchant and John Pritchard,gent, to support contingent remainders, remainder to Abraham Darby, the then only son of Edmund Darby for life and his first and other sons, remainder to the second son of Edmund Darby. She appointed Sarah Darby, Edmund Darby, Francis Darby and Barnard Dickinson executors.


Release 25 March 1805 grounded on a lease for a year, between Timothy Yate and Henry Lloyd (1) John Davies, William Moseley Davies, Richard Wilbraham and Ann Henrietta his wife, Cornelius Burgh,jnr. and Elizabeth his wife and Mary Davies (2) James Fleming Baxter William Lloyd (4) Mary Rathbone Samuel Thompson (6) Edmund Darby (7) the houses and lands so agreed to be purchased by Mary Rathbone, were granted to the use of Mary Rathbone and her heirs.


Mary Rathbone published a codicil 7 November 1806 - doubt had arisen on the title of Timothy Yate and Henry Lloyd to part of the premises, so she willed that if they were unable to make a good title, the money was to be applied as in the codicil.


Mary Rathbone died 1807 - on 13 July 1807 the will and codicil were proved in the P.C.C.


Doubt about the title was cleared up, so by release of 4 June 1808 (and lease) between Timothy Yate and Henry Lloyd (1) Sarah Darby, Edmund Darby, Francis Darby and Barnard Dickinson (2) the property was conveyed to the uses of the will.


Edmund Darby died many years age, and then his son Abraham Darby was entitled for life to the rents of the property.


Edmund Darby left another son Alfred Darby, born after the date of the will. By agreement of 10 March 1828 between the Rev. John Bartlett, Clerk (1) Abraham Darby (2) John Bartlett was seised of the hereditaments firstly described below, and Abraham Darby by the will of Mary Rathbone was seised for life in tail male of the property secondly described. John Bartlett and Abraham Darby are desirous of making an exchange and have agreed to refer the settlement of it to Richard Darby and Barnard Dickenson who had a survey and valuation taken and had fixed they were of equal value. The parties covenanted a conveyance should be made by Abraham Darby and the person (s) who should be entitled to the secondly described property when he was able, of the second property, and John Bartlett should convey the first property:- 1) Piece of land as fenced (3a 3r 30p) part of Far Marn Hill; piece (4.2.38) called Marn Hill Meadow; garden nearby adjoining the last (24p) in all 8a 3r 12p, in the Manor and parish of Madeley (George Chune), reserving to Joseph Reynolds, Esq., Lord of the Manor of Madeley, the minerals.


2) Piece of land (5a 2r 38p) called the Slip Leasow; piece of land (2.3.4); piece of land (2.3.4.) called the Hatchets; piece of land then fenced out (2r 14p) part of Marn Hill, in all 9a 16p in the parish of Madeley (then George Chune). Reservation to Abraham Darby of minerals.


Abraham Darby on 25 March 1828 took possession of the pieces given up to him, and he or William Gregory Norris as his assignee has ever since continued in such possession. John Bartlett on 25 March 1828 took possession of his pieces and continued in possession till his death.will of John Bartlett 10 June 1844. To William Anstice, Joseph Reynolds and Barnard Dickinson and Thomas Francis Cobb his mansion house at Marnwood, Madeley in which he lived, with gardens, pleasure ground, cottages, school, outbuildings & c and all lands at or near Marnwood acquired by him either by purchase from or exchange with Joseph Reynolds and Abraham Darby - to William Anstice & c on trust for the testator's wife Susanna Ball Bartlett during her life, and on her death or in her life at her request on trust to well the premises together, the money from the sale to be invested - if his wife is alive, to income to her for her life, then on trust to stand possessed of it with £5,000 for all the children of his late brother Edward Bartlett deceased, in shares as his wife by her will directs - in default of such appointment in trust for all the children - son or sons at 26, daughter at 21 or marriage and any issue of dead children of Edward Bartlett. To his wife all the property which at his death might be vested in his as a trustee or mortgagee in fee. Residue to his wife. John Bartlett died 17 Nov.1861, and on 24 Dec. 1861 his will was proved by S.B. Bartlett at Shrewsbury. William Anstice, Joseph Reynolds and Barnard Dickinson died in the life time of John Bartlett.


By indenture of 28 February 1863 between Thomas Francis Cobb (1) Susanna Ball Bartlett (2) William Smith Stokes, Francis Cobb, John Edward Bartlett and Thomas Francis Cobb (3) Thomas Francis Cobb in exercise of his power by the will of John Bartlett as sole surviving trustee, with the consent of Susanna Ball Bartlett appointed William Smith Stokes, Francis Cobb and John Edward Bartlett to be trustees. The property at Marnwood was conveyed to them to the uses of the will.


Will of Susanna Ball Bartlett on 31 December 1872 appointing her husband's nepehew John Edward Bartlett executor. She bequeathed to John Edward Bartlett all estates which might be vested in her as trustee or mortgagee on trusts. Residue of real and personal estate to John Edward Bartlett. She declared it was not her intention to exercise by her will the power given to her by the will of her husband of appointing £5000 and the proceeds of the sale of his real estate at Marnwood amongst the children of his brother Edward Bartlett. She died 24 July 1873. The will was proved 20 August 1873 in the Principal Registry. There were three children of Edward Bartlett living at the death of Susanna Ball Bartlett, John Edward Bartlett, Herbert Lewis Bartlett and Mary Young Bartlett, all over 21. Herbert Lewis Bartlett died on 26 Dec. 1873. No sale of the hereditaments at Marnwood has yet been made, and the pieces of land agreed to be taken by the testator under the agreement of 10 March 1838, which form part of the devised hereditaments,are now in the possession of William Smith Stokes, Francis Cobb, John Edward Bartlett and Thomas Francis Cobb as trustees of the will.


In 1839 Abraham Darby married Matilda Frances Darby. There was no issue. Alfred Darby died 14 April 1852 without barring the estate or interest in tail male to which he was entitled under the will of Mary Rathbon in remainder expectant on the death of Abraham Darby and failure of his issue male, and leaving Alfred Edmund Darby who had attained 21, his only son surviving him, and on the death of Alfred Darby his estate or interest in tail male descended to and is now vested in Alfred Edmund Darby.


By indenture of 31 Dec. 1873 between Abraham Darby (1) William Gregory Norris (2) all the life estate of Abraham Darby in the houses and lands subject to the uses of the will of Mary Rathbone were granted to the use of William Gregory Norris for the life of Abraham Darby.


The parties are desirous that the exchange shall be completed. So the trustees of the will of John Bartlett convey to William Gregory Norris and Alfred Edmund William Darby the pieces of land above, shown on the map in the margin. Reservation to the lord of the Manor of Madeley of minerals. To hold to William G. Norris and his heirs for the life of Abraham Darby, then to the use of A.E.W. Darby and his heirs absolutely. William G. Norris and Abraham Darby & c convey to the trustees the pieces of land shown on the map in the margin, with reservation of minerals. To hold to the trustees to the uses of the will of John Bartlett.


Signed by all parties.


Witnesses include E.L. Squire of Caolbrookdale, Accountant.

Date: 20 April 1874
Held by: Shropshire Archives, not available at The National Archives
Language: English

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