Catalogue description Abstract of Title   of Mrs Sarel and her mortgage lender to freehold hereditaments in...

Abstract of Title

of Mrs Sarel and her mortgage lender to freehold hereditaments in Biggleswade

Recites indenture 1864 between

(1) Charles Barnett esq of Stratton Park

(2) Charles Fitzroy Barnett esq of Stratton Park, eldest son of (1)

(3) Lucy Jane Gregory, spinster of Leamington, Warwickshire, infant aged 20 years and Ward of the High Court of Chancery

(4) Robert Henry Lindsell esq of Fairfield, Biggleswade, late a Colonel in HM Army, and John Walrond Walrond esq of Knightshays & Bradfield House, Devon

(5) Alexander Pym esq of Brickhill Hill House, Bedford and the Hon Alexander Nelson Hood of Cumberland Lodge, Windsor, a Major General in HM Army

(a) the Manor or Lordship of Stratton, Bedfordshire and all messuages, lands & hereditaments in the hamlet of Stratton, Biggleswade as delineated in the plan annexed and specified in the schedule, with all houses and reversion

(b) the messuage known as Stratton Lodge

(c) The whole of the said Manor and premises

(5) is to hold (a) to the use of (1) until after the marriage has been solemnised, then to the use of (2) who is to hold, during the joint lives of (2) and (1), a rent charge of £300 pa, and if (2) dies before (1) and (3), then (3) to hold the rent charge

Recites (2) is to marry (3) at St George Hanover Square, Middlesex subject to sanction of the High Court of Chancery and with consent of Mariana Gregory and Alexander Nelson Hood, guardians of LJG appointed by the Court

Recites (1) is seized in fee simple of (a) subject to payment of £2500 being the residue unpaid of a £5000 mortgage of 1799 and, except for Stratton Lodge, also subject to £600 pa rent charge payable to Elizabeth Barnett, wife of (1), as agreed in the marriage settlement 1826 of (1) to Elizabeth Paine as she then was

Recites "An Act [of Parliament] for the better securing Trust Funds and for the relief of Trustees", and the Trusts of the will of Maria Richards, spinster, decd. and the share of Jane Maria Gregory formerly Richards, spinster; and the matter of Lucy Jane Gregory, an infant, and "An Act [of Parliament] to enable Infants with the approbation of the Court of Chancery to make binding Settlements of their real and personal estate on marriage" and that the Judge sanctioned the marriage and the settlement

After the marriage has been solemnised, (b) is to go to the use of (4) on Trust for 200 years from the date of the marriage, and after the 200 years or earlier determination, to the use of (1) until 12 months after his decease when it is to go to the use of Elizabeth Barnett, if she survives him.

The property in (c) is to go to the use of (2) and after his decease to the use of (3) during her life, then to the use of (5) in Trust for 500 years, and after the 500 years or earlier determination, to the use of the 1st son and every other son of (2) & (3) severally successively, in remainder one after another in order in priority of birth, and the heirs male of every such son, the elder of such sons and heirs male being always to be preferred to the younger and in default of such issue, to the use of (1) for ever

Declaration of trust that (4) would allow the person entitled in reversion to receive the rents and profits, with proviso that (1) can borrow from the Manor not exceeding £24,000 for the benefit of any marriage settlement for his younger children, their husbands or wives, with full power to the trustees to manage the estate during the minority of any son of the marriage

Declaration that the premises were contingently limited to (5) for 500 years upon trust that if this took effect, then (5) would raise an aggregate sum of £1000 for each younger child

Hotchpot Clause - Maintenance and Advancement

- no more than £1000 should be raiseable for portions or for the advancement preferment or benefit of sons

- power to (2) to jointure on marrying again

- power to grant building and other leases

- power of sale and exchange, and power of investment

- proviso that if the mortgage of £2500 and the jointure rent charge of £600 payable during the life of Elizabeth Barnett are not paid off within 12 months of the decease of (1) then

(a) is to go to the use of Elizabeth Barnett if she outlive (1) and

(b) is to go to the use of (5) upon trust with power to sell

General Power of management to trustees

Agreement and Declaration that the trustees should put any money raised by sale of the estate into (1)'s personal estate within 12 months of his decease, setting apart £20,000 to be invested as directed, and if the estate is not sold then the equivalent of the annual produce of £20,000 shall be payable instead

Power for (2) to withdraw certain portions in the event of his 2nd marriage

Various Trustee clauses

Power to appoint new Trustees vested in (1), (2) & (3)

Schedule

relates to attached plan, itemises Halfway House Sheepwalk, 14ac 04 14p arable in hand; and Mitchells, 26ac 3r 19p arable occ by George Winters

Recites will dated 1873 of Charles Barnett, appointing as executors and trustees Charles James Barnett esq of Brighton, Sussex, son in law James Chadwick esq of High Bank, Prestwick near Manchester and the Revd Henry Edward Steward, Clerk of Leamington, Warwickshire

Recites indenture 1864 [see above]

to raise up to £24,000 in discharge of covenants in settlements made upon the marriage in 1854 of his daughter Laura Janet Emma Chadwick (£3428-11-5), the marriage 1859 of his daughter Louisa Maria Dawkins (£3428-11-5), the marriage in 1869 of his son Clayton Barnett (£3700), and the marriage in 1872 of his son George James Barnett (£4400), the residue towards the marriage of his other children

Hotchpot Clause

(a) to go to the use of his executors for the term of 1000 years on trust that they raise £24,000 [as above]

Devises all manors, messuages and real estate of every tenure except those disposed of by his will or codicil to the use of his son CFB

Recites CB died 20 June 1876, his will proved at Principal Registry by James Chadwick 9 August 1876

Recites Deed Poll by Charles James Barnett

Recites will, death and probate of CB [see above]

CJB had never acted and wholly refused to act as trustee of the will of CB

Recites mortgage 1877 between

(1) James Chadwick

(2) Charles Fitzroy Barnett

(3) Robert Needham Philips esq of Welcombe, Warwickshire and Herbert Philips esq of the city of Manchester

£24,000 is lent by (3) to (1), and subject to £2500 charge and an annuity of £600 to Elizabeth Barnett on

(a) the Manor or Lordship of Stratton, Bedfordshire and all messuages, lands & hereditaments in the hamlet of Stratton, Biggleswade as delineated in the plan annexed and specified in the schedule [similar in all respects to that in settlement 1864], with all houses and reversion

Recites settlement 1864

Recites will of CB

Recites death of H E Steward on 9 Oct 1874

Recites death of CB and probate of will

Recites Deed Poll 1876

Recites no issue from marriage of CFB & Lucy Jane

Recites JC desired to raise £24,000 as the will required and asked (3) to lend it

Recites that on treaty for the loan, CFB should enter into covenants

Recites covenant by James Chadwick that he had not encumbered

Recites covenant by CFB for repayment of the principal and interest

Endorsed 23 July 1880 that Robert Needham Philips esq of Welcombe, Warwickshire and Herbert Philips esq of the city of Manchester received from Capt Charles Fitzroy Barnett £4000 in part payment of £24,000, which £4000 is to be "kept on foot" for his benefit as part of his personal estate [and not as exoneration of the mortgage]

Recites Will dated 28 May 1877 of CFB stating that he did not intend to deal with his Stratton Park Estate or any other estate of which he might die possessed but merely left all his personal property to his "dear wife" Lucy Jane Barnett for her own use absolutely, and appointed her sole executrix

Recites endorsement on mortgage of 1877 - transfer of mortgage

(1) RNP and HP

(2) CFB

(3) Rt Hon Alexander Nelson Viscount Bridport, Sir John Walrond Walrond, Baronet of Bradfield House, Cullompton, Devon, Robert Henry Lindsell, a Colonel in Her late Majesty's Army, of Biggleswade and Alexander Pym esq of Ampthill

Mortgage of £20,000 transferred from (1) to (3)

Recites receipt 1880

Recites £20,000 still owing but all interest to date paid

Recites indenture 1883 between

(1) CFB

(2) Viscount Bridport, Sir JWW, RHL and A Pym (mortgagees)

Mortgagees agree to loan £1,050 to (1), to be repaid by January next with interest of £4 % pa, (1) as beneficial owner assigns the sum of £4000 and the manor & lands in (a) subject to proviso for redemption

Recites mortgage 1877

Recites receipt 1880

Recites memo 1880

Recites transfer of mortgage 1883

Recites £4000 was still owing to CFB on security of the manor and lands

Recites CFB died 23 Feb 1887, his will proved 1 April 1887 at Principal Probate Registry

Recites will dated 23 Sept 1887 of George James Barnett of Stratton Lodge, near Biggleswade, who appointed wife Emma and Revd Charles James Lambarde as Trustees and executors. He devised all real estate, remainder, reversion, to the use of his sister Louisa Maria Dawkins, wife of Edw. Dawkins

Recites transfer of mortgage 1888 between

(1) Rt Hon Alexander Nelson Viscount Bridport, Sir J W Walrond, R H Lindsell & A Pym (the transferors) and

(2) L J Barnett, widow of Stratton Park (transferee) £20,000 owing for 1000 years, and the manor and land in (a) specified in the schedule

Recites supplemental to the mortgage of 1877 and the transfer of 1883, and with 1/2 year's interest still due

Recites loan from

(1) Viscount Bridport, Sir JWW, RHL & AP (the transferors) to

(2) L J Barnett (transferee) of £1050 and on the security of the mortgage

Recites 5 October 1892 GJB died, will proved 30 December 1892 at Northampton District Registry

Recites transfer of mortgage December 1890 between

(1) LJB and

(2)William Henry Deverell esq of Bossington House, Stockbridge, Hampshire

mortgage of £20,000 is transferred and (2) lends £2,000 to (1)

Recites indenture 1877

Recites that in 1880 CFB repaid £4000 of £24,000 mortgage

Recites indenture 1883

Recites indenture 1888

Recites principal sum of £20,000 remained due to LJB

Recites indenture 1896 between (1) LJB and (2) WHD

(2) agrees to lend (1) a further £1,000

Recites indenture 1897 between same parties, (2) agrees to lend (1) a further £1,000

Recites indenture 1898 between same parties, (2) agrees to lend (1) a further £1,000

Recites will dated 1902 of L J Barnett, appointing John Croft Deverell esq of Dorking, Surrey, John Richards Croft Deverell esq of 9 New Square, Lincolns Inn and the Revd Henry St John Stirling Woolcombe executors and trustees. LJB devised the Stratton Park estate to the use of Ellen Mary Heysham for life.

Recites sale 1903 between

(1) Louisa Maria Dawkins, wife of Edward Dawkins esq of Guilsborough Grange, Northamptonshire (vendor)

(2) LJB (purchaser) for £3,728 in fee simple of

(a) her estate right and title in the Stratton Park estate

Recites that this is supplemental to indenture of 1864

Recites will, death and probate of Charles Barnett

Recites deed poll 1876

Recites mortgage 1877

Recites that by 1st schedule of the mortgage, £24,000 & the securities became vested in (1) subject to sub-mortgage in 2nd schedule

Recites Elizabeth Barnett died 3 September 1883 [see HF 5/2 for inventory & probate]

Recites will of CFB

Recites his death, leaving his brother GJB his heir at law

Recites there was no issue of marriage of CFB and (2)

Recites will, death and probate of GJB

Recites that (1) contended

firstly that CFB as residuary devisee under the will of CB effectually elected to take the Stratton Park estate as real estate;

secondly, CFB effectually merged or extinguished the £20,000 raiseable under the trusts for the benefit of the inheritance of the estate subject to the life interest of (2)

thirdly, CFB died intestate as to real estate & entitled the estate in fee simple subject to £2,500 mortgage, £24,000 charge placed by CB, and the life interests of (2)

(1) is devisee under will of GJB, heir at law of CFB, and is now equitably entitled to Stratton Park estate subject to interests of (2) who is entitled to dower, which contentions are not admitted by (2)

Recites covenant that within 6 months of (2)'s death, (2)'s estate would pay to (1) £5,000 with 4% pa interest by means of a first charge on the Stratton Park estate, providing this should not constitute a debt from or be recoverable against (2)

1st schedule

1880 receipt

1883 indenture

1887 will of CFB

1887 death of CFB

1887 probate of will of CFB

1888 indenture

1883 indenture

1888 indenture

2nd schedule

1890 indenture

1896 indenture

1897 indenture

1898 indenture

3rd schedule, inter alia

OS map number: 265

Description: Part of Home Farm let to Mr D P Winter with an additional 302.146 acres at the total rent for the whole of £456-5-0

Quantity: 14.019

Recites Transfer of charge 1903 (endorsed on indenture 1850 by which the charge of £2500 on the estate was transferred to John Charles McGrath) between

(1) Mary Ann Partridge, spinster of 7 Norfolk Road, Regents Park

(2) LJB

(2) has agreed to pay the £2500 due on Stratton Park estate to (1)

Recites will dated 1881 of JCMcG appointing John Soper and John Henry Doyle executors

Recites codicil to will 1887 replacing John Soper with (1)

Recites JCMcG died 24 July 1892, his will proved 1892 at Principal Probate Registry

Recites JHD died 6 April 1897

Recites indenture 1903 between (1) W H Deverell and (2) LJB all principal monies having been paid, (1) transfers the Stratton Park Estate and the £20,000 to (2) in fee simple

Recites indenture 1903 between (1) Hon Alexander Nelson Hood then the Right Hon Alexander Nelson Viscount Bridport and (2) LJ Gregory then Barnett

Viscount Bridport agrees the request of (2) that he convey to her the legal estate vested in him in fee simple, and (2) declares the 3 sums of money then vested in her beneficially should be sunk into and cease to be charged out of the estate and should be extinguished; also that the term of 1,000 years should be extinguished in the freehold, and the term of 600 years for securing the payment of £2500 should cease as a satisfied term

Recites Alexander Pym died 1889

Recites (2) was entitled in fee simple to the Stratton Park Estate subject to payment of £2500; and to £24,000 owing on the security of 1000 years; and £2000 raiseable under the trusts, all which were vested beneficially in (2)

Recites mortgage 1903 to (1) LJB from (2) L M Dawkins, wife of Edward Dawkins of £5,000 to be repaid within 6 months of the death of (1) [for original deed, see SH 182/10] on

(a) the hereditaments and premises in the hamlet of Stratton, Biggleswade specified in the schedule and delineated on the plan annexed [see schedule above]

Recites 5 June 1907 LM Dawkins died, admons & will were granted 22 June to EHF Dawkins at the Principal Probate Registry

Recites 26 June 1907 EM Heysham was married at Biggleswade parish church

Recites transfer of mortgage Sept 1907 from (1) EHFD (transferor & mortgagee) to (2) Ethel Louise Renton, wife of Lieut Col Wm Gordon Renton (the transferee) [for original transfer deed, see SH 182/12]

Recites indenture 1903

Recites LJB was still living

Recites death of LMD and grant of admons to EHFD

Recites (2) had become entitled to £5,000 + interest

Recites codicil 1908 to will of LJB replacing Revd Woolcombe with Henry Walter Molyneux Sarel esq of Heatherhurst Grange, Frimley Green Surrey

Recites LJB died 22 June 1908, her will proved 20 August 1908 in Principal Registry Office by the executors

Recites mortgage between (1) EL Renton (transferor/mortgagor) and (2) HWM Sarel, Albert Hamilton Godfrey, solicitor of 23 St Anne Gate, HStJS Woollcombe and JRC Deverell (transferees) [for original transfer deed, see SH 182/13]

Recites supplemental to mortgage 1903

Recites death of LMD and grant of admons

Recites last abstracted indenture

Recites state of £5000 mortgage

Acc. 8111