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[draft] ABSTRACT Of the Title of Mr Richard Mallam and his mortgagees
to Freehold property at Sutton Courtney and Milton in the Coy of Berks
15th & 16th May 1723 By Indentures of Lease and Release of these dates the
Release between John Hatchaside of Sutton Courtney Com Berks yeoman Brother and
Heir of James Hatchaside the younger then late of Sutton Courtney aforesaid
yeoman deceased who was son and heir of James Hatchaside the elder then late of
Sutton Courtney afsd yeoman deceased John Curtis the elder of Sutton aforesaid
nephew and Heir apparent of said John Hatchaside of the first part Robert Wicks
the elder of Drayton sd Com Berks yeoman and Richard Alnutt of Sutton Courtney
afsd Malster of the 2nd part and John Curtis the your and Thos Curtis sons of sd
John Curtis the elder of the 3rd part
It Was Witnessed that said John Hatchaside and John Curtis the elder in conson
of the natural love and affection which they had and bore unto said John Curtis
the your & Thomas Curtis sons of the said John Curtis the elder and for the
Settling and establishing of the messuages or tenements arable lands meadow and
Pasture ground and Commons with the appurtenances thereinafter mentd To and for
the several uses intents and purposes therein limited declared and appointed and
for the nominal conson therein mentioned and for other good causes &c They said
John Hatchaside and John Curtis the elder did grant alien Bargain sell release
and confirm unto said Robert Wicks and Richard Alnutt (in their actual posson
&c) and to their heirs and assd for ever (inter alia)
All that half yard Lands with the appurts then late in the occon of said James
Hatchaside the elder and then of said John Hatchaside lying and being in Sutton
Courtney afsd containing by estimon nine acres and an half be the same more or
less together with common of Pasture thereto belonging for one horse beast in
the moor and Shidney and for twenty sheep to go depasture and feed
page two
at all usual times in the commons and commonable places of Sutton Courtney afsd
which said half yard Lands and Commons were theretofore purchased by said James
Hatchaside the elder to him and his heirs of and from John Lydall and Hercules
Lydall or one of them
And also all that one acre and an half of arable land with the appurts (be the
same more or less lying and being in the Common Fields of Sutton Courtney
aforesaid one acre whereof lyeth behind the town in a Furlong called Docky Lands
shooting East and West the Land then late of Hercules Lydall and then of sd John
Hatchaside lying on the North Side thereof and Andrews Land then late in the
occupon of Richard Grove and then of Susannah Katchaside Wo lying in the South
and the half acre thereof lyeth in the Middle Field in Sowbrooke Furlong shootg
East and West the Lands of Mr Woollacot lyg on both sides thereof and also one
Horseleaze or Common for one horse to be from time to time taken in the Moores
and Shidney and other Commonable Places of the upend of Sutton Courtney afsd
according to the custom and usage there which said one acre and an half and
commons were then late in the occupation of Thomas Trewlock and ere then in the
occupation of Hatchaside the elder his undertenants or Assigns and were then
lately purchased by said James Hatchaside the elder to him and his heirs of and
from said Thomas Trewlock
And also all those three acres of Arable Land with the appurts, be the same more
or less, lying & being dispersed in the Common Fields of Sutton Courtney
aforesaid as thereinafter mentioned, that is to say, one acre thereof lyeth in a
field there called Great West Field in Mere Furlong between
page 3
the land then late of Andrew White and then of Richard Small on the South side
thereof and the Land then late of Thomas Buckeridge and then of ye Wo Katchaside
on the North side thereof One acre more lyeth in Highbrook Furlong in a field
there called Yonder Field the land then late of Richard Bonniwell and then of Wm
Bonniwell on the North side thereof and the Land then late of the Wo White and
then of Francis Justice the elder on the south side thereof two roods more
thereof lyeth in Sheepstall in the Down field shootg East and West whereof one
of them adjoins to the Millway and lieth between the land then late of Thomas
Shard and then of Mr Blandy on the South and the land then late of Thos
Woollascat Gent on the north and the other of them lyeth near the mere there
between the Land then late of sd Thomas Shard & then of Mr Blandy and said
Thomas Woollascot and the other half acre residue of said three acres lyeth in
the upfield shooting upon Little Moore ditch Furlong the Land then late of John
Loder and then of Mr Cole on the West and the land then late of John Knight and
then of Mr Thomas Pope on the East And also one bow Leaze thereto belonging
called a Free Leaze in the Upend of Sutton Courtney afsd and in the Moores
Shidney and other Commonable places in Sutton Courtney afsd which said three
acres of arable land with the appurts and said Cowleaze said James Katchaside
the elder theretofore purchased to him and his heirs of and from Daniel West
And also All those five acres and an half of arable land and one acre of Meadow
be the same More or less, lying and being dispersed within the Fields and
Precincts of Sutton Courtney afsd thereafter particularly mentioned, that is to
say, one acre thereof
page four
lyeth in Brook Furlong the Land then late in the occupation of Richard Blake and
then of Spindler on the North side thereof one other acre lyeth in the same
Furlong the land then late of William Andrews and then of Thomas Whichelow on
the north side thereof One half acre more thof lyeth in Little Moor Ditch in
Pulpitt Furlong a path called Didcott path lying on the East side thof one half
acre more thereof lyeth in Uplong Lands the land then late of John Bartlett and
then of sd John Curtis on the East side and the land then late of Andrew White
and then Richard Small on the West side thereof one other half acre lyeth in
Uplong Lands the Land the late of John Rayer [Bayer?] and then of Richard Wilder
on the East and the Land then late of Martin Titchborn and then of said John
Curtis on the West side thereof One other half acre shooteth upon a Close end
theretofore of Geo Whichelowe the land then late of Andrew White and then of
Thomas Pope on the North and the land then late of John Bartlett and then of
Thomas Justice on the South One half acre more thof lyeth in Yonder field in Woo
Furlong next unto a hedge called Small Hedge there on the East side One other
half acre thereof lyeth in Great West field in a Furlong called Dedlaines the
half acre of Thos Justice lying next on the West side thof One half acre more
thof lyeth in the Middle Furlong between the Wayes in the Upfield of Sutton
Courtney afsd the Land of Francis Justice the your on the South side and of
Richard Small on the North side One acre of Meadow in Down Mead the land of
Katherine Collins Wo[widow?] on the West and of Richard Small on the East side
thof togr with Com of Pasture for one Cow or Rother Beast to go depasture and
Feed in the Moores Fields and Commonable places of the
page five
of the Upend of Sutton Courtney afsd which sd 5a & 1/2 of arable land one acre
of Meadow & Corn[?] said James Hatchaside ye elder then lately purchased to him
and his heirs of and from Edmond Martin
And also all those two acres of meadow ground lying and being in a Mead in
Sutton Courtney afsd called Down Mead Mr Woollascotts five acres lying on the
East side thof and one acre of Richard Small on the West side thof which said 2
acres of Meadow said James Hatchaside the elder then lately purchased to him &
his heirs of & from Thomas Trewlock & Bartholomew Bags & Mary his wife & the
same were then in the posson of said John Hatchaside Togr withall ways &c And
the Eun[?] &c and all the Este &c
To hold unto said Robert Wicks and Richard Allnutt & their heirs To the several
uses ints and purps thinr mentd & his Assigns for & during the term of his
natural life without unpt of Waste To the use & behoof of sd John Curtis the
elder & his Asss for & during the term of his natl life To the use and behoof of
sd Thos Curtis son of said John Curtis the elder his heirs & assigns for ever
Exted by said John Hatchaside & John Curtis Senr and attested
16th & 17th March 1728 By Indres of Lease and Release of these dates betn said
John Curtis the elder of the 1st part and sd Robt Wicks the elder & Rd Alnutt of
2d part & sd John Curtis the your & Thos Curtis of 3rd part Reciting that said
John Curtis the elder in Hilary term then last past did acknowle & levy unto sd
Wicks & Allnutt & their heirs or the heirs of one of them one fine sur conuzee
de droit of interalia all said abstd prems
It was witnessed and it was thereby declared that sd Fine should ensure as to
said Prems To the use of said John Curtis the elder & his Afsd for life - Rems
To the use of said Thomas Curtis son of sd F[?] Curtis the elder his heirs &
Asss for ever
page 6
5th August 1738 Articles of Agreement bipartite between sd Thos Curtis of the
1st part Elizth Bradgate of the City of Oxford the Relict and Extrix of Richd
Bradgate of the same city vintner decd and Elizth Bradgate daughter of sd
Richard & Elizth of the 2nd part & Gilbert Malther of the City of London
Merchant and John Pottell of the University of Oxford Gent of the 3rd part.
Reciting (inter alia) that a Marriage was intended shortly to be solemnized
between said Thos Curtis and said Elizth Bradgate the daughter for the consons
therein mentioned It was amongst other things covenanted by sd Thos Curtis that
within 3 months after the solemnization of sd intd Marriage he would by good and
sufficient conveyances and assurances in the Law Settle convey and assure All
the Messuages Lands Tenements & Heredits whereof he was seized in Sutton
Courtney in the County of berks which premises were then let at the yearly of
£12 and were then in the posson of Mr James Curtis with the appurts. To the use
of sd Thos Curtis and his Assigns for life. Rem To the use of the sd Elizth his
intd Wife for her life, and after the determination of that Estate. To the use
of the Heirs of the body of sd Elizth his intended Wife by said Thos Curtis
lawfully to be begotten and for default of such issue. To the use of the right
Heirs of sd Thos Curtis for ever. Duly executed by sd Thos Curtis Elizth
Bradgate the Elder and John Pottell.
7th & 8th Jany 1738 N.B. These deeds should no doubt have been dated in 1839 PW
By Indres of Lease & Release of these dates the Release between sd Thos Curtis
then of the City of Oxford in the Coy of Oxford Apothecary & sd Elizth then his
wife of the 1st part sd Elizth Bradgate Wo of the 2nd part & Gilbert Malther of
the City of London Merchant and John Pottell of the University of Oxford Gent of
the 3rd part. It was Witnessed that in conson of a Marriage already had &
solemnized between sd Thos Curtis & Elizth his wife and in pursuance and part
performance of sd last Abstd Articles of Agreement and in conson of
page 7
£400 to sd T Curtis paid by sd Elizth Bradgate the mother as and for the
Marriage portion of sd Elizth her daughter and in full of her share and
proportion of the Estate of sd R Bradgate decd the rect being the same sum mentd
to be paid to said Thos Curtis by Elizth Bradgate the mother by sd Marriage
Articles and for the settling and assuring of the Messuages Lands & Tenements
therein mentd to and for the several uses hust intents and purposes therein
limited and declared pursuant to the Marriage Articles before mentd and for the
nominal conson therein expressed sd Thos Curtis did grant bargain Sell Alien
remise release & confirm unto Gilbert Malther & John Pottell in their actual
possession for[?] and to their Heirs. Said Abstracted premises All which
premises were then in the tenure of James Curtis Brother of the said Thos Curtis
and held by sd Jas Curtis of sd Thos Curtis as the yearly rent of £12. Togr with
all Houses etc[?] And the Reversion etc [?] And all the Estate etc[?] To hold
unto sd Gilbert Malthew & John Pottell their Heirs and Assigns To & for the
several uses husts intents & purposes following (that is to say) To the use &
behoof of sd Thos Curtis & his Assigns for & during the term of his natural
life. To the use & behoof of sd Elizth his wife & her Assigns during the term of
her natural life. To the use & behoof of the Heirs of the body of Elizth by sd
Thos begotten or to be begotten and for default of such issue. Then To the use &
behoof of the right Heirs of said Thomas Curtis for ever. Covenant by sd T
Curtis that he was lawfully seized had good right to convey for quiet enjoyment
free from Incumbrances and for further assurance. Executed by Thos Curtis &
Elizth Curtis & attest & rect indorses
page 8
7th February 1784 Sd Thos Curtis by his will of this date duly executed in the
presence of 3 witnesses ratified & confirmed the settlement made on his said
Marriage and appointed Executed of his sd Will who duly proves same in the
Prerogative Court of Canterbury the 3rd July 1784
41st George 3rd Award of this date under the hands & seals of George Miller,
John Davis & Wm Bushnell Gent Commy named in & appointed by virtue of an Act of
Parliament passed in the 41st year of the reign of his then present Majesty
intitutes "An Act for tableiding Allotting & Inclosing the Open and common fields
Common Meadows Common Pastures Commonable Lands & Grounds within the Parish of
Sutton Courtney & the Hamlet of Sutton Wick in the same parish in the Coy of
Berks" Whereby sd Comms did allott & award to Wm Curtis the Elder Son & Heir at
Law of sd Thos Curtis decd by Elizth his wife also decd in lieu of his Lands
Rights of Common & other rights & props thereto belonging in and over th open
fields & commonable Lands by sd Act intd to be tableided & inclosed. All that Plot
or Piece of Land or Ground sit in Grt West Field contg 18A 2 p4
9th & 10th May 1805 By Indres of Lease & Release of these dates the Release
between the last named Wm Curtis therein described of Islington in the County of
Middx Gent the Eldest son & Heir of the body of Thos Curtis then late of the
University of Oxford Apothecary decd by Elizth his wife also decd & Mary the
Wife of Wm Curtis of the one part & John Russ of Sutton Courtney afsd yeoman of
the other part. Reciting sd Abstd Indres of Lease & Release of the 7th & 8th
Jany 1738
page 9
And also Reciting sd Abstd Will of sd Thos Curtis decd And also Reciting said
Abstracted Award And also Reciting that sd Wm Curtis had contracts & agreed with
sd John Russ for the absolute sale of the fee simple of & in sd Plot or for the
price or sum of £800. It was Witnessed that in pursuance & performance of sd
Contract & agreement and in conson of sd sum of £800 to sd Wm Curtis paid by sd
John Russ the rect etc[?] he sd Wm Curtis Did Grant bargain sell Alien release &
confirm unto sd John Russ (in his actual posson etc[?]) & to his heirs. All that
sd plot or piece of Land or Ground situate in Great West field in Sutton
Courtney aforesaid contg 18A 2r 14p bounded by the fourth allotment to Thos
Curtis Lands in the Parish of Milton & by the Milton Road The fences of which
allottment (if any) should be made agst the 4th Allotmt to Thos Curtis on the
East & against the Milton Road. Together with all ways etc[?] And the Reversion
etc[?] And all the Estate etc[?] And also all Deeds etc[?] To hold unto & To the
only proper use & behoof of sd John Russ his Heirs & Asss for ever. Covenant by
sd Wm Curtis for himself & Mary his wife during the then present Easter term or
some other subsequent term to levy a fine Sur Conuzance etc[?] to sd John Russ &
his Heirs which should ensure To the only use & behoof of sd John Russ his Heirs
& Asss for ever Covenant by sd Wm Curtis that he was rightfully seized - had
good right to convey - for quiet Enjoyment free from incumbrances and for
further assurance. Executed by sd Wm Curtis & Mary Curtis & attested and receipt
indorsed
page 10
Easter Term 45th Geo 3rd Indres of ffine levied in pursuance of last Abstracted
Indres bet sd John Russ Plt[?] & sd Wm Curtis & Mary his wife before 25 Acres of
Land 5 Acres of Meadow and 3 Acres of Pasture with the Appurts in Sutton
Courtney. [Deleted paragraph reads: Mr John Russ died intestate Whereupon the
above premises descended to his Heir at Law Mr Henry Russ]
page 11
30th Nov 1832 By Indre of Feoffment of this date made between the said Henry
Russ of Sutton Courtney in the Coy of Berks Gentn. the only surviving brother
and Heir at Law of John Russ late of Sutton Courtney afsd Gent decd and
Catherine his Wife of the 1st pt John Mallam of Milton in the sd Coy of Berks
Gent. of the 2nd pt and Henry Knapp of Abingdon in the sd Coy of Berks Gentn of
the 3rd pt.
Reciting the sd abstracted Indres of Le & Rele of the 9 & 10 May 1805 and the
Fine levied in pursuance of the Covt for that purpose in the sd Indre of Rele
contd.
And reciting death of the sd J Russ on the 24 April 1825 unmarried and intestate
leaving the sd H Russ his only Brother and heir at Law him surviving and Letters
of Admon to the Effects of the sd J Russ were granted to the said H Russ on the
19th June 1826
And reciting that immedly upon the death of the sd J Rees the sd H Russ entered
upon the premes and had ever since continued seized thereof
And reciting that the sd J Mallam had contracted and agreed with the sd H Russ
for the purchase of the fee simple of the said plot or piece of land & or ground
& heredits with the appurts for the summ of £1050,
It is witnessed that in execution of the sd Contract and in conson of £1050 to
the sd H Russ paid by the sd J Mallam the receipt etc[?] He the sd H Russ did
give grant alien enfeoff and confirm unto sd J Mallam and his hrs All that sd
plot or piece of land or Ground situate in Great West Field in Sutton Courtney
page 12
aforesaid contg 18A 2r 14p bounded by the 4th Allotment to Thomas Curtis Lands
in the parish of Milton and by the Milton Road
Together with all ways etc
And the reversion etc
And all the Este etc
And all deeds etc To hold the same with the appurts unto the sd J Mallam & hus
hrs To te uses intents & purposes thrinar limited expressed & declared (that is
to say) To the use of such peron and persons and for such Estate or Estates Int
& Ints with under and subject to such powers provisos and declons as the sd J
Mallam by any deed or deeds Writing or Writings with or without power of
revocation tobe by him sealed and delivered in the presence of and attested by
one two or more credible witness or witnesses or by his last will and Testament
in writing or any writing purporting to be his last will and Testament or any
Codicil thereto to be by him signed and published in the presence of and
attested by three or more Credible Witnesses shod from time to time direct limit
or appoint and in default of such Apptt To the use of the sd J Mallam & his ass
for and during the term of his Natural life without impeachment for waste With
Remr To the use of the sd H Knapp his Exs & ads during the actual life of the sd
J Mallam In trust for the sd J Mallam and his ass and to the intent that the
present or any future wife of the sd J Mallam might not be entitled to dower
With Remr To the use and Behoof of the sd J Mallam his hrs & ass for ever
Covenant by the sd H Russ for himself and Catherine his Wife to levy a fine Sur
Conuzse etc
page 13
unto the sd J Mallam and his hrs which shod ensure etc Covenant by the sd H Russ
that he was lawfully seized - had full power to grant - for quiet enjoyment -
free from incumbs and for further assurance
Executed by the sd Henry Russ Catherine Russ and John Mallam and attested
Receipt for conson money endorsed signed and witnessed
Memorandum endorsed on abstracted Indre that on the day and year Pt[?] there
within written that seiyin[?] had been given by the sd H Russ to the sd J Mallam
[from reverse of page 13]
3rd Wm 4th Indres of Fine levied in pussd of the last abrt drivre letter John
Mallam Plt & H Russ & Catherine his wife Deforcts of One messe - 2 Barns - 2
Stables - 1 Orchard - 1 Garden 20 Acres of Land - 5 Acres of Meadow - 5 Acres of
pasture Common of pasture with Appts in Sutton Courtney As to the same Allotment
tor pfry palring under John Mallams will
We have not the Prob: or a Co: of this Will PM –
Will of John Mallam
13 June 1859 We have only one attested Copy of this Deed BW
By Indre of this date made between George Smith formerly of Faringham in the Coy
of Kent but then of Warlingham in the Coy of Surrey Yeoman Surviving Devisee in
Trust and Executor under the Will of John Mallam deceased of the 1st pt John
Phillips of Down in the Coy of Kent and Mary his wife late Mary Mallam Spinster
daughter of the said John Mallam of the 2nd pt Thomas Phillips of Eynesford in
the same Coy Farmer and Elizabeth his wife late Elizabeth Mallam Spinster
daughter of the said John Mallam of the 3rd pt and Richard Mallam of Milton in
the Coy of Berks Yeoman of the 4th pt
Reciting that John Mallam late of Milton in the Coy of Berks decd duly made his
last Will and Testament in writing bearing date the 28th Feb 1825 and thereby
gave and devised unto his Brother Benjamin Mallam and the said George Smith All
his (the said Testator's) Freehold Messes or Tenements Cottages Farms land
closes heres & estates whatsoever situate and being in Milton afsd and elsewhere
in the said Coy of Berks with their & every of their appurts To hold the same
unto and
page 14
to the use of the said B Mallam and George Smith his heirs and assigns In trust
nevless for his (the said Testator's) Son the said Richard Mallam his heirs and
ass charged and chargeable with the payment of an Annuity or yearly sum of £80
clear of land Tax and other dedons to his (the said Testors) Wife Mary Mallam
and her assigns for and during the term of her natural life which said Annuity
or yearly sum the said Testator directed should be in full satisfaction of all
down and thirds which have or claim in all or any of his (the said Testators)
freehold heres and premises And should be paid and payable on the days in his
said Will mentd And the said Testator by his said Will charged and made
chargeable all his said freehold heres & premes with the payment of the further
sums of £500 a piece which he gave thereout to his daughters the said Mary
Mallam and Elizabeth Mallam and Elizabeth Mallam when and as the y shod arrive
to their respective ages of 21 yrs or days of Marriage which should first happen
with Int thron at the rate in the said Will Mentioned until payment thereof And
the said Testator by his said will also charged and made chargeable all his said
freehold heredits and premes with the payment of the further sum of £500 a piece
which he gave thereout to his aid daughters Mary Mallam and Elizabeth Mallam
respectively And the said Testator further directed that the said last mentd
sums of £500 a piece which he gave to his said Daughters should not be raised or
paid to them or either of them until after the decease of his sd Wife Mary
Mallam but without any Interest in the meantime And the said Testator further
appointed the said Benjn Mallam and George Smith Executors of his said Will
And reciting that the said Testator made a codicil
page 15
to his sd Will bearing date the third day of June 1834 whereby he directed that
in addition to the annuity of £80 by his said will before given to his sd wife
she should receive a further sum of £20 per annum so long as she might continue
his widow and the said Testor aoointed her to be Executrix of his said will with
the before mentioned Executors and the said Testor by his Codicil further
directed that his Son Richard Mallam should not come unto posson of any part of
his before mentioned estates until he shod have attained the age of 25 years And
reciting that the said Testor made a further Codicil to his sd Will dated 24 Dec
1834 and thereby gave and bequeathed to his sd Daughter Mary Mallam the further
sum of £20 per annum in addition to what he had given her in his said Will to be
paid yearly by his son the said Richard Mallam out of his (the sd Testor's) real
estate after the decease of his (the sd Testor's) Wife should his said daughter
Mary Mallam then remain single And the said Testor further directed that should
the said Mary Mallam Marry then payment of the £20 should cease And the sd
Testor also gave and bequeathed to his Daur the sd E Mallam the further sum of
£20 per annum in addition to what he had given her in his sd Will to be paid
yearly by his Son the said Richard Mallam out of his real Estate after the dece
of his (the sd Testor's) said Wife shod his sd daughter Elizabeth Mallam then
remain single And the sd Testor further directed that should the sd Elizabeth
Mallam marry then the payment of the £20 should cease And the said Testator
thereby ratified and confirmed his said will in all other particulars thereof
And reciting that the sd Testor died on the 30th June 1835 without having
revoked or altered his said Will saving and excepting so far as the same
page 16
was altered by his said Codicils And the said Will and Codicils were duly proved
in the Prerogative Court of Canterbury by the said B Mallam G Smith and Mary
Mallam on the 12th Octr 1835 And reciting that the sd B. Mallam died on the 24th
Sept 1838 and was buried at Ewell in the Coy of Surrey leaving the said G Smith
& M Mallam (the Widow of the Testor) him surviving
And reciting that the sd Mary Mallam (The Widow of the said Testor) died on the
23rd April 1858 having by her Will dated the 15th Aug 1857 appointed the said
Richard Mallam & Henry Still her Exors who duly proved the sd Will in H M's Ct
of Probate on the 7th July 1858
And reciting that all arrears of the 2 sd several Annuities so bequeathed to the
said Mary Mallam the Widow of the sd Testor as afsd had been duly paid and
satisfied
And reciting that the said Mary Mallam then the said Mary Phillips was married
to the said J Phillips afsd on the 5th Novr 1840 and the said Elizabeth Mallam
now the said Elizabeth Phillips was married to the said Thomas Phillips at
Milton afsd on the 21st July 1841
And reciting that the d 2 several legacies of £500 so bequeathed as aforesaid by
the said Will of the sd J Mallom to the sd Mary Mallam now Mary Phillips
together with all Interest due thereon had been duly paid and discharged as each
of them the said J Phillips & M Phillips did thereby acknowledge
And reciting that the like's 2 several legacies of £300 so bequeathed as afsd by
the sd Will of the sd J Mallam to the sd Elizabeth Mallam now Elizabeth Phillips
together with all Interest due thereon had been duly paid & discharged as each
page 17
of them the sd J Phillips and E Phillips did thereby acknowledge
And reciting that the said R Mallam attained his age of 25 years in the year
18..
And reciting that the G. Smith as such surviving Trustee as afsd had agreed at
the request of the said R. Mallam to convey to him the real estate so devised to
the said B Mallam (since deceased) & G. Smith by the hrinbfe recited Will of the
sd J Mallam deced In trust for the said R Mallam And the said J. Phillips & M.
Phillips T. Phillips & E. Phillips had agreed to join in such Conveyance for the
purpose of releasing and discharging the said real Este from the said several
legacies charged thereon in and by the said Will & bequed to the sd M. Phillips
& E. Phillips resply by the sd Will and from all claims & liabilities in respect
of such Legacies
It is witnessed that in conson of the premes He the sd G. Smith at the Request
of the sd R. Mallam and according to his Estate and Interest as such Devisee in
Trust as afsd Did thereby grant and convey And they the said J. Phillips & Mary
his Wife and T. Phillips & Elizabeth his Wife Did and every of them Did release
and quit claim ratify & confirm unto the sd R. Mallam his hrs & ass All the
freehold Messes or Tenements Cottages farms lands closes heredits & estates
whatsoever situate and being in Milton aforesaid or elsewhere in the Coy of
Berks which were devised by the Will of the sd J. Mallam deced to the sd B.
Mallam & G. Smith In trust for the sd R. Mallam with their and every of their
appurts And all the Estate
To hold the same freed and discharged from the Legacies and Annuities charged
thereon in and by the sd recited Will of the sd J. Mallam deced
page 18
and every or any part thereof unto the said R. Mallam his hrs and ass To the use
of the sd R Mallam his hrs & ass for ever Covenant by the sd G. Smith John
Phillips (for himself and Mary his Wife) and Thomas Phillips (for himself &
Elizabeth his Wife) That they had not incumbered Executed by all the sd parties
and attested [deleted paragraph on page 18: 15th February 1858 By Indre of this
date made between William Dewe of Bank]
page 19
Abstract of Title Freehold Estate in the Parish of Milton in the County of Berks
18 August 1794 We have only a plain Co: of this Probate PM
By Will of this date Josiah Lamball of Milton in the County of Berks Gentn gave
& bequeathed unto his wife Sarah one Annuity of £20 for her life and did thereby
declare his Estate & premises with their Appurts in Milton aforesaid which he
purchased of Mr Richd Beasley charged liable & chargeable with the payment
thereof And the said Testator gave devised & bequeathed unto his Grandson John
Dave his Heirs Assigns (inter alia) All that Messuage or Tenement Farm House
Barns Stables Potash house & Buildings with their Appurts Together with the
Orchard & Meadow Ground or Close adjoining to the Homestall And also All those
Arable Lands in the Common Fields of Milton afsd And also that Meadow Ground
called the Lott Mead in Milton afsd And also All that other Meadow Ground called
the Stert with their & every of their Appurts All which said premises the said
Testator some time then since purchased of & from Mr Richd Beasley to him & his
Heirs and which premises were situate & being in the Parish of Milton afsd To
hold all the thereinbefore mentd premises so given unto him his (the said
Testator's) Grandson John Dewe as aforesaid to him his Heirs & afsd for ever And
after other devises & bequests including bequests of Annuities of 1/6 p Week to
Anna Maria Faulkner & Thomas Lamball for their respective lives The said
Testator gave devised & bequeathed All the rest residue & remainde if his
estates & Effects whater & wheresoever as well real as personal wherein he
should die possessed of interest & in or by any means entitled unto unto his
said Grandson John Dewe his Heirs & Asss for ever. And appointed his Grandson
John Dewe & his Father John Dewe joint Executors of his Will Executed in the
prescence of & attested by 3 Witnesses.
24 August 1797 By Indre made between sd John Dewe the Grandson described as of
Milton Coy Berks Gentn Grandson & a Devisee named in the last Will of Josiah
Lamball then late of Milton aforesd Gentn decd of the 1st part James Roberts of
Steventon Coy Berks Gentn & John Roberts of Steventon
page 20
afsd Gentn of the 2nd part Mary Roberts of Steventon afsd Widow of the 3rd part
& Thomas Nash of Abingdon Coy Berks Gent of the 4th part It is Witnessed that in
conson of £500 to said John Dewe paid by said Jas Roberts & Jno Roberts the
receipt etc And of £220 to sd John Dewe paid by sd Mary Roberts the receipt etc
and of 5s paid to sd John Dewe by said Thos Nash the receipt of etc and for
tableers other good causes etc He the sd John Dewe Did demise grant bargain & sell
unto sd Thos Nash All that Messuage or Tenement with the Appurts situate
standing lying in Milton in the Coy of Berks thtofore in the tenure or occupon
of Joan White Widow & afterwards of Edwd Wicks & Rd Wicks their or one of their
Undertenants or Assignees then late in the tenure or occupon of John Fisher
Clerk his Undertenants or Assigns then since of sd Josiah Lamball & then of sd
Jno Dewe Together with the Barn Stable Orchard Garden & Backside thereto
belonging And also All that one Close of Pasture Ground lying & being in Milton
called or known by the name of the Home Close only by estimation 4 Acres (were
same more or less) to said Messuage or Tenement belonging & appertaining And
also All those 31 Acres of Arable Land (were same more or less) lying & being
dispersed in the Common Fields of Milton afsd to the said Messuage or Tenement
also belonging or therewith then lately used occupied or or enjoyed And also 2
Acres and a half of inclosed Ground (were same more or less) lying & being in
Milto afsd near sd Messe or Tenement & thereunto belonging And also one other
Acre & an half by estimation of inclosed Ground (were same more or less) lying
in the Steart in Milton afsd And also 3 Acres & an half of Meadow Ground lying
in the Lot Mead of Milton afsd to the said Messuage or Tenement also belonging
or appertaining And also All those 18 Acres of Arable Land by estimation (were
same more or less) lying & being dispersed in the fields precincts & liberties
of Milton aforesaid (All which said Messuage or Tenement Close Inclosed Ground
Arable Land Meadow Ground Heredits Premises were
page 21
theretofore purchased by sd Josiah Lamball to him & his Heirs of etc from Rich
Basley of Abingdon afsd Gentn) And all houses etc And the Reversion etc And also
all the Estate etc To hold the same unto the said Thos Nash his Exors Admons &
Afsd from the date of Abstracting Indre for the term of 500 years At the yearly
rent of a peppercorn if demanded. In Trust Nevless as to the Estate & Intt of sd
Thos Nash his Exors Admons & Afsd of & in the same premises for sd Jas Roberts
Jno Roberts & Mary Roberts & their respective Exors Admons & Asss in manner
thereinto mentd that was to say As for & concerning the Sum of £500 & Interest
to grow due to same Intrust for sd Jas Roberts & Jno Roberts equally & their
respective Exors Admons & Asss and As for & concerning the remaining Sum of £220
& Interest to grow due for same In trust for sd Mary Roberts her Exors Admons &
Asss Proviso for making void sd Abstracting Indre on payment by sd Jno Dewe His
Exors or Admons unto sd Jas Roberts & Jno Roberts their Exors Admons & Asss of
said £500 with Intt for same after the rate of £5 for each £100 by the Year on
the 25th Febry then next and aslo unto sd Mary Roberts her Exors Admons or Asss
of said £220 with Intt for same after the rate of £5 for each £100 by the year
on 25th Feby then next Covenant by said John Dewe for payment of said respective
sums & Intt according to said Proviso for quiet enjoyment in case of default,
free from incumbrances and for further Assurance. Declon that Mlgor should enjoy
until default Declon by sd Thos Nash that his name was used in trust for the
said Mortgagees and that he would reconvey as they should appoint Executed by sd
Jno Dewe Jas Roberts Jno Roberts M Roberts & T Nash & attested by 2 Witnesses.
Receipt for £500 & £220 indorsed signed by sd J Dewe & Witned
same date Mortgage Bond for securing sd £500 & Intt to sd Jas & Jno Roberts
same date Mortgage Bond for securing sd £220 & Intt to sd Mary Roberts
same date Memorandum (indorsed on Abstd Indre of Mortgage of even date) by which
sd Jno Dewe acknowd. to have borrowed & received of sd Jas Roberts & Jno Roberts
the further Sum of £30 on Security of the therein within ment premes & which he
promised to pay with Intt in manner therein within mentd Signed by sd John Dewe
& Witnessed
page 22
16 June 1798 We have only an official Co: of this Will BW
By Will of this date the said John Dewe the Grandson (by the description of John
Dewe of Milton Coy Berks Gentn) gave & bequeathed unto his Wife Hannah Dewe one
Annuity or yearly sum of £50 for her life provided she continued his Widow But
in case she married again then he gave & bequeathed unto her the yearly Sum of
£20 only for her life The said Testator also gave & bequeathed unto Mary Lamball
Welch the natural Daughter of his late Uncle John Lamball the Legacy of £100 to
be paid within 6 Months after his decease and unto his said Wife the Sum of £50
immediately after his decease And the said Testator did thereby make all his
Real & personal Estate & Effects which he should die possessed of charged liable
& chargeable with the payment of all the thereinbefore mentioned Annuities &
Legacies And as to all the rest residue & remainder of his real & personal
Estate & Effects whatsoever either at Milton Steventon Grove or any where else
within the Kingdom of England Stock of Corn Chattels & other Effects whatsoever
wherein he should die possessed of interested in or entitled unto after payment
of his just debts legacies funeral Expenses & the proving of his Will The said
Testator gave devised & bequeathed the same & every part & parcel thereof unto
his Son John Dewe his Heirs & Assigns for ever and appointed his Wife Hannah
Dewe & his Father John Dewe of Longworth Berks Gentn Executrix & Executor of his
Will & Guardians to his said Son Executed in the presence of & attested by 3
Witnesses.
16 Oct. 1798 The said Testator died
28 Feby 1799 The last abstracted Will was proved in the Archdeacons Court of
Berks by Hannah Dewe
4 Sept 1799 Receipt for the Legacy of £100 bequeathed by last Abstracted Will to
sd Mary Lamball Welch.
31 Jul 1801 By Indre made between said Thos Nash of the 1st part sd Jas Roberts
(then of Tubney) sd Jno Roberts of 2nd part James Cullern of Sutton Courtney
Berks Yeoman Admonr of the Goods etc of said Mary Roberts then deceased of 3rd
part & William Dewe of Charney Berks Gentn of 4th part Reciting the Abstracted
Indre of Demise dated 24 Augt 1797 And Reciting the Abstracted Bonds dated sd 24
Aug 1797 & that the Sums thereby received were the same as those mentd in the
proviso for Redemption contd in sd Indre of Demise And Reciting the Abstracted
Memorandum dated sd 24 Augt 1797 And Reciting that default was made in payment
of sd £500 £220 & £30 & the
page 23
Interest for same resply And Reciting that only said Principal Sums of £500 £220
& £30 then remained due all Interest having been paid to date of Abstracting
Indre And Reciting that sd John Dewe then lately died And Reciting that sd Mary
Roberts also then lately died intestate & admon of her Goods Chattels & Credits
was on or about 14 Feby then last granted by the Archdeacons Court of Berks to
sd Jas Cullern And Reciting that sd Jas Roberts & Jno Roberts had occasion for
sd £500 & £30 and sd Jas Cullern had occasion for £220 and sd W Dewe had agree
to pay them resply sd Sums It is Witnessed that in conson of £500 & £30 to sd
Jas Roberts & Jno Roberts paid by sd W Dewe and of £220 to sd J Cullern paid by
sd W Dewe the receipts etc and of 5s to sd T Nash paid by sd W Dewe the receipt
etc The sd Thos Nash at the request & by the direction of sd Jas Roberts & Jno
Roberts & J Cullern testified etc Did assign transfer & set over and sd Jas
Roberts Jno Roberts & J Cullern & each & every of then Did assign ratify &
confirm unto sd W Dewe his Exors Admons & Assigns All that & those the said
Messuage or Tenement with the Barn Stable Orchard Garden & Backside thereunto
belg. And the said Close of Pasture Ground called the Homes Close and said 31
Acres of Arable Land dispersed in the CommonFields aforesaid And said 2 acres &
an half & one acre & an half of inclosed Ground And sd 3 acres & an half of
Meadow Ground and said 18 Acres of Arable Land lying dispersed as afsd And all &
singr other the premises which in & by the sd Indre of Demised were demised unto
sd T Nash with their Appurts And all the Estate etc Together with the sd recited
Indre To hold same unto sd W Dewe his Exors Admons & Asss from thenceforth for
all the residue of said Term of 500 Years therein then to come & unexpired And
for and during all such other Estate term & interest as sd T Nash Jas Roberts
John Roberts & J Cullern or any or either of them had or was entitled to therein
Subjt Nevless to Redemption by the Heirs Exons Admons or Asss of sd John Dewe
decd by virtue of the proviso for Redemption cont in sd Indre of Demise or
otherwise
page 24
on payment to sd W Dewe his Exors Admons or Asss of sd Sums of £500 £200 & £30
(making together £750) & the Interest for same from thenceforth to grow due at 5
per Cent according to the effect & meaning of said Indre Covt by said T Nash
that he had not incumbered It is further Witnessed that in conson of sd £500 £30
& £220 paid by sd W Dewe to sd Jas Roberts Jno Roberts & J Cullern resply as
afsd They sd J Roberts J Roberts & J Cullern & each & every of them Did bargain
sell assign transfer & set over unto sd Wm Dewe The said therein in part recited
Bonds & the several Principal Sums of £500 £30 & £220 resply secured as afsd &
the Interest thenceforth to accrue & grow due for sd Sums resplyand all benefit
& advantages whatsr of the several Securities thereinbefore recited And all the
Estate etc To hold the same premises unto sd W Dewe his Exors Admons & Asss from
thenceforth absolutely Power of Attorney to enable sd W Dewe his Exors Admons or
Asss to recover receive & give effectual discharges for sd Principal Sums &
Interest. Covenant by sd Jas Roberts Jno Roberts & J Cullern That they had not
incumbered and for further Assurances Covenant by sd W Dewe to accept 4 per Cent
Interest on punctual payment. Executed by the said Thos Nash Jas Roberts Jno
Roberts Jas Cullern & W Dewe & attested by 2 Witnesses. Receipt for £530
indorsed & signed by Jas & Jn Roberts Witnessed Receipt for £220 indorsed signed
by sd J Cullern & witned
23 June 1810
We have only a Plain copy extract of this Award DW
By an Award in Writing of this date under the hand & seal of John Davis of
Bloxham in the Coy of Oxford Gentn the Comment named & appointed in & by virtue
of an Act of Parliament made & passed in the 49th Year of His the Majesty King
George the 3rd intituled "An Act for inclosing Lands in the Parish of Milton in
the Coy of Berks" The said Commissr Did set out appoint & award Unto and for the
Guardians of John Dewe an Infant & on his behalf for & in lieu of his open Lands
& Grounds & rights of Common & Pasturage and other rights (inter alia) One Plot
or Parcel of Land or Ground situate in the South Field containing 23a 0r 5p
bounded by old Inclosures in Milton by the 2nd Allotment in lieu of Lands &
other
page 25
rights to the Governors of St Thomas Hospital by the 1st Allotment in lieu of
Lands & other rights to Thos Bowles & by the Milton Hill Road. The fences, if
any, to be made next the Milton Hill Road
Trinity Term 50 Geo 3rd The sd Abstracted Award was inrolled in the Common Pleas
at Westminster
1st August 1815 By Indre of this date made between Samuel Webb of Reading Coy
Berks Auctioneer & Hannah his Wife (then late Hannah Dewe Widow of John Dewe
theretofore of the Parish of Milton Coy Berks Gentn decd) of the one part & John
Lamball Dewe then late of Piccadilly Coy Middlesex but then of Reading afsd
Upholsterer of the other part Reciting that sd Jno Dewe being seized of the
inhance in fee simple in posson (Subject to certain charges & Incumbrances then
affecting the same) of & in part of the Messuages or Tenements Closes or parcels
of Land & Heredits therein described & released and also of & in certain
untableided parts or shares of & in the Commonable Fields in Grove Berks (in lieu
whereof other part of sd Messuages or Tenements Closes or Parcels of Land & Hdts
thereinr described & released had been awarded & allotted as thereinr mentd made
& published his last Will in Writing dated on or about the 16th June 1798
executed & attested as by Law required for rendering valid devises of real
Estates and reciting the bequest by the Testator of the Annuity of £50 per Ann:
(reducible on Marriage to £20 per Ann:) to the sd Hannah Dewe (then the sd
Hannah Webb) and reciting the devise & bequest by the Testator of all his
residuary Real & persl Estate unto his Son the sd John Lanball Dewe (therein
called John Dewe then an infant of the age of 6 years or thereabouts) hereinbefe
Abstd And Reciting the death of sd John Dewe the Father & proof of his Will
hereinbefe stated And Reciting that sometime on or about the 20th Feby 1800 the
sd Hannah Dewe intermarried with sd Saml Webb whereby she forfeited all right &
title in & to the sd Anny of £50 so as afsd bequeathed to her by sd recited Will
of sd Jn Dewe her then late husband deceased & became entitled to the Yearly
Rent Charge of £20 only during the term of her natural life And Reciting the
Wantage & Grove Inclosure Award And Reciting that sd John Lamball Dewe attaines
the age of 21 yrs on the 3rd October 1813 And Reciting that sd Hannah Webb or sd
S Webb & Hannah his Wife in her right was or were entitled or claimed to be
entitled not only to the said
page 26
yearly Rent or Sum of £20 but also to Dower or thirds out & from such parts of
the Lands Tenements & Heredits given & devised by the said Will of sd Jno Dewe
decd of which sd Jno Dewe the Testator was seized in fee in possession in his
lifetime but no part either of the said Dower or thirds had been assigned to sd
H Webb And Reciting that sd L Dewe had contracted & agreed with sd S Webb &
Hannah his Wife for the absolute purchase & extinguishe=ment of sd yearly Rent
or Sum of £20 and the right & title of sd H Webb or of sd S Webb & H his Wife in
her Right in & to Dower or thirds by the Common Law or by custom or otherwise
out of & from all & every Freehold Lands Tenements & Heredits whereof sd Jno
Dewe the Testator was seized at any time during his life for £825. It is Witned
that in conson of £825 to sd S Webb & H his Wife paid by sd J L Dewe the receipt
etc They sd S Webb & H his Wife & each of them Did grant remise release & for
ever quit claim unto sd J L Dewe his Heirs & Asss All that the said Yearly Rent
Charge or Annual Sum of £20 as afsd given & devised to sd Hannah Dewe during her
natural life by said in part recited Will of sd Jno Dewe decd & thereby charged
upon & made issuing & payable out of the several Messuages or Tenements Closes
or parcels of Land & Heredits by the sd Will devised And also All the Dower or
thirds & right and title of Dower or thirds and all other the Estate right title
interest claim & demand whatsr both at Law & in Equity of her the said H Webb or
sd S Webb & H his Wife in right of sd Hannah or which they or either of them
their or either of their Hrs Exors or Admons could should or might at any time
thereafter have claim challenge or demand of in to or out of (inter alia) All
that the Farm Yard with the Potash house Barns Stables Dovecote Outhouses &
other buildings thereupon erected & built and the Orchard & Close of Meadow Land
therewith holden containing by estimation 6 & an half Acres (were same little
more or less) And the said Plot of Land in the South Field in Milton afsd contg
23a 0r 5p And the said Close called Lot Mead contg by estimon 3a 2r 29p And the
said Close called Stert contg by estimon 1a 2r 23p which sd Messuage or Tenement
Fram Yard Closes or parcels
page 27
of Arable & Meadow Land were situate & lying in the sd Parish of Milton & were
then in the occupon of Mr John Mallam his Undertenants or assigns And also All
those 6 Cottages & 2 Dwelling houses situate in the Parish of Milton afsd & then
the occupons of Wm Broad Jno Caudwell John Huggins Wm Chanp Jno Pullen & Wm
Cannon And also of in to out of & from all & every other the Messes or Tenements
Lands Hdts & premes situate in the said Parish of Milton or elsewhere in England
whereof sd Jno Dewe the Testator or any person or persons in trust for him was
or were seized for any Estate of inheritance in possession reversion remainder
or expectancy And of in to out of & from all Cottages outhouses etc So tha
neither she sd H Webb alone nor sd S Webb & H his Wife in right of sd Hannah or
either of them or other Hrs Exors or Admons of either of them should not nor
would at any time or times thereafter have or claim or pretend to any such
Yearly Rent or Annt Sum of £20 or such Dower or thirds or right or title of
Dower or thirds or other right title interest claim or demand whatsr of in to or
out of sd Meses or Tenements Closes or parcels of Land Hdts premes or any part
or parcel thereof in any manner hower but of & from sd Yearly Rent Charge Dower
or thirds & title of Dower or thirds claim & demand & all action & suits for the
Recovery thereof shod be wholly debarred & excluded Covenant by sd S Webb that
they sd Webb & Wife would as of last Trinity Term or before the end of Michas
Term then next acknowledge & levy unto sd J L Dewe & his Heirs one or more fine
or sd JL Dewe & his Heirs one or more fine or fines sur concesserunt with
proclamations of sd Yearly Rent Charge or Annual Sum of £20 and also of all &
every the Messes or Tenements Closes or parcels of Land & Hdts & premes
thereinbefore described granted & released which should be & enur to corroborate
the Grant & Release intended to be made by Abstracting Indre and to extinguish
the sd Yearly Rent Charge or Annl Sum of £20 & also to release & extinguish all
Dower & right & title of Dower and all other Estate right title & interest of
her sd H Webb or of sd S Webb & H Webb in right of sd Hannah of in to or out of
the said several thereby released Messuages or Tenements Lands Heredits & premes
page 28
with the Appurts thereto - For quiet enjoyment, free from incumbrances and for
further assurance Exted by sd S Webb & H Webb & attested by 2 Witnesses Rect for
£825 indorsed signed by S Webb & H Webb & Witnessed
Trinity Term 55 Geo 3rd Indentures of Fine between John Lamball Dewe ,
Plaintiff, & Saml Webb & Hannah his Wife Deforets of 4 Messuages, 10 Cottages, 2
Dove houses, 6 barns, 6 Stables, 6 Gardens, 6 Orchards, 65 Acres of Land, 50
Acres of Meadow, 10 Acres of Pasture & £20 per Ann Rent with the Appurts within
the Parishes of Milton & Stanford in the Vale, & Grove
9th April 1816 By Indenture bewteen the said Wm Dewe of the 1st part the sd John
Samball Dewe of the 2nd part & John Hissey of Longworth Coy Berks Gentn of the
3rd part Reciting the Abstracted Indres of the 24 Aug 1797 & the 31 July 1801
And Reciting the Abstracted Will of sd John Dewe dated 16 June 1798 And Reciting
the death of sd John Dewe leaving sd Jno Lamball Dewe his Son & only Child &
heir at law, and the proof of sd Will before stated And Reciting that sd £750
secured to sd W Dewe by said last therein recited Indre was still due as sd JL
Dewe did thereby acknowledge but all Interest had been paid to date of
Abstracting Indre And Reciting that sd JL Dewe having occasion for £1000 to
enable him to pay off said £750 & to answer his other occasions had applied to
said John Hissey to lend him £1000 which sd J Hissey had consented to do upon
having the said Messuage Lands & Heredits comprised in sd Indre of 24 Aug 1797
assigned or otherwise assured to him for the residue of sd term of £500 Years in
manner thereinr expressed It is Witnessed that in conson of £750 to said W Dewe
paid by sd J Hissey at the request & by the direction of sd JL Dewe testified
etc in full discharge of all Money owing to said W Dewe upon or by virtue of the
Security of the sd Indre of 31st July 1801 and of £250 to sd JL Dewe paid by JS
Hissey the several receipts etc He the sd W Dewe at the request & by the
direction of sd JL Dewe testified etc Did bargain sell assign & Transfer And sd
JL Dewe Did grant bargain sell assign ratify & confirm unto sd J Hissey his
Exors Admons & Asss All & singular the said Messuage or Tenement Lands
page 29
Heredits & other premes which were comprised in & demised or otherwise assured
by said Indre of 24 Augt 1797 & afterwards assigned or otherwise assured to sd W
Dewe his Exors Admons & Asss by said Indre of 31 July 1801. And all Lands
allotted to or in trust for said JL Dewe in lieu or in respect of any part of
the said Lands & premises under or by virtue of the Act of Parliament passed in
the 49th year of the Reign of His Majesty for inclosing Lands in the said Parish
of Milton & with their & every of their rights members & appurts
And all the Estate etc
And all Deeds etc
To hold the same unto the said John Hissey, his Exons Admons & Asss thenceforth
for all the residue then to come & unexpired of said term or time of 500 years
therein
Freed & absolutely discharged of & from all benefit & right of redemption in
Equity by reason of the provisos etc contained in said thereinbefore recited
Indres or either of them but Nevless Subject to the proviso for redemption
thereinafter expressed
Covenant by sd W Dewe that he had not incumbered Proviso for redemption &
reassignment on payment by sd JL Dewe his Heirs Exors Admons or Asss to said J
Hissey his Exors Admons or Asss of £1000 with Interest for same after the rate
of £5 by the hundred by the year on 9th Octr then next
Covenants by sd JL Dewe for payment of Principal & Interest according to sd
Proviso - That he & said W Dewe had good right to assign - For quiet enjoyment
after default free from incumbrances and for further assurance Proviso for quiet
enjoyment by the said John Lamball Dewe his Heirs and Assigns until default in
payment of the said Principal Sum of £1000 & Interest Executed by the said W
Dewe JL Dewe & J Hissey & attested bt 2 Witnesses - Receipt for £750 indorsed
signed by said W Dewe & Witnessed - Receipt for £250 indorsed signed by sd JL
Dewe and Witnessed
page 30
11th & 12th August 1818 Indres of Lease & Release & Settlement the Release &
Settlement made between the sd Jno Lamball Dewe of the 1st part Mary Roberts of
Steventon in the sd Coy of Berks of the 2nd part & Thos Dewe of Longworth in the
sd Coy Esq & Jas Roberts of Steventon aforesaid Esq of the 3rd part & Wm
Stephens of Northend in the Parish of Fulham in the Coy of Middlesex Esq & Jno
Dutton of Reading in the said Coy of Berks Esq of the 4th part
Reciting the hereinbefore Abstracted Will of sd Josiah Lamball & that sd
Testator soon after departed this life without revoking or altering his sd Will
And
Reciting the hereinbefore Abstracted Will of sd Jno Dewe the Grandson of the sd
Josiah Lamball & that the Charges & Incumbrances to which the sd Estate were
thereby made subject had since been removed & discharged And that the sd
Testator soon after the execution of his sd Will departed this life without
altering or revoking the same or any part thereof And that the same was duly
proved in the Archdeaconry Court of Berks And
Reciting the hereinbefore Abstracted Award dated 29 June 1810 And Reciting that
in & by the sd Act of Parliament it was enacted that all & singular the Lands &
other Heredits which should respectively be allotted or exchanged under or by
virtue of the sd Act should immedly from & aftersuch Allotments & Exchanges
should be made be remain tenure to & for such & the same uses Estates trusts &
purposes & be held under & subject to such & the same Wills Settlements
limitations powers remainders charges & incumbrances as the several Messes Lands
Tenements Heredits new Allotments old Inclosures in lieu or in respect whereof
such Allotted Lands or exchanged premises should resply be made set out or taken
wd have been subject or liable to charged with or affected by in case the sd Act
had not been made And
Reciting that a Marriage was intended to be shortly had & solemnized between the
sd Jno Lamball Dew & sd Mary Roberts And
Reciting that upon the treaty for the sd intended Marriage it was agreed that
the sd Messuages Lands Tents Heredits & premes should be conveyed & assured by
the sd Jno Lamball Dewe unto the sd Thos Dewe & Jas Roberts To the Uses upon the
trusts & for the intents & purposes & in the manner thereinafter expressed
concerning the same
It is Witnessed that in pursuance of the sd Agreement & in Conson of sd intended
Marriage of the fortune of the sd Mary Roberts to which the sd Jno Lamball Dewe
would be entitled on the sd Marriage And of such which might thereafter accrue
to
page 31
her for making a provision for the sd Mary Roberts in case the sd Marriage
should take effect for the issue if any of the intended Marriage And Also in
Conson of 10/- to the sd Jno Lamball Dewe paid by the sd Thos Dewe & Jas Roberts
the receipt etc He the sd Jno Lamball Dewe did grant and bargain sell alien
release & confirm unto the sd Thos Dewe & Jas Roberts in their actual possession
etc & to their Heirs
All those 3 Cottages Tenements formerly one Messuage or Farm house Farm yard
with the Potash House Barns Stables dovecote outhouses & other buildgs thereupon
rected & built & the Orchard & Close of Meadow Land therewith holden containing
by estimation 6 Acres & an 1/2 were the same little more or less together with
the 3 Cottages thereon erected & built
And also all that other plot or parcel of Land or Ground situate in the South
field in Milton afsd containing 23a 0r 5p bounded by old Inclosures in Milton
aforesaid by the 2nd Allotment in lieu of Land & other rights to the Governors
of St Thomas Hospital in London by the 1st Allotment in lieu of Lands & other
rights to Thos Bowles & the Milton Hill Road And which sd Allotment was awarded
to the Guardians of the sd Jno Dewe as thereinbefore mentioned
And also All that Meadow Ground called the Lotts Mead in Milton afsd contg 3a 2r
20p (were the same more or less) And also all that other Meadow Ground called
the Stert in Milton afsd & contg 1a 2r 23p (were the same more or less) which
Farm yard Close or parcels of Arable & Meadow Land were in the tenure or
occupationof Jno Mallam & which sd Cottages or Tenements were in the several
tenures or occupations of Wm Champ Jno Pullen Wm Cammon Wm Broad Jno Huggins &
Jno Caudwell and the sd Potash house was in the occupation of Wm Golding
Together with all & singular Houses etc And the Reversion etc
page 32
And all the Estate etc Together with all Deeds etc To hold the same with their &
every of their rights members appendages & appurts unto the sd Thos Dewe & Jas
Roberts their Heirs & Assigns But to the several Uses & upon the Trusts & for
the several ends intents & puposes & with under & subject to the several powers
provisoes limitations sectons & agreements thereinafter declared or expressed of
or concerning the same Messes Tents Cottages Lands Heredits & premises resply
that was to say To the Use & behoof of the sd Jno Lamball Dewe & his Heirs &
Assigns until the sd intended Marriage should be had & solemnized And from &
immedly after the solemnization of the sd intended Marriage To the Use of the sd
& Jno Dutton their Exs Ads & Assigns for the term of 99 Years from thence next
ensuing But nevertheless upon the several Trusts & to & for the several ends
intents & purposes & subject to the proviso thereinafter expressed concerning
the same And from & after the expiration or other sooner determons of the sd
Term of 99 Years & subject thereto in the meantime To the use of the sd Jno
Lamball Dewe & his Assigns during the term of his natural life sans waste And
from & immedly after the determination of the sd Estate by forfeiture or
otherwise in his lifetime To the Use of the sd Thos Dewe & Jas Roberts & their
Heirs during the natural life of the sd Jno Lamball Dewe In trust to preserve
the contingent uses etc In trust nevertheless to permit & suffer the sd Jno
Lamball Dewe or his Assigns to receive the rents issues & profits thereof to &
for his & their own use & benefit during his life Remainder To the Use of the sd
Mary Roberts the intended Wife of the sd Jno Lamball Dewe & her Assigns for &
during the term of her natural life sans waste as & for a jointure in lieu of
all dower And from & after the determination of that Estate by forfeiture or
otherwise in her lifetime then To the Use of the sd Thos Dewe & Jas Roberts &
their Heirs for & during the natural life of the sd Mary Roberts Upon trust to
support & preserve the contingent
page 33
remainders etc In trust nevertheless to permit & suffer the sd Mary Roberts &
her Assigns to receive the Rent & profits of the premises to her & their own use
during her life Remainder In case there should be only one child were the same a
Son or a Daughter of the body of the sd Jno Lamball Dewe on the body of the sd
Mary Roberts his intended Wife lawfully begotten born in the lifetime of the sd
Mr Lamball Dewe or after his decease To the Use & behoof of such only Child were
the same a Son or a daughter & the Heirs of his or her body But in case there
should be 2 or more Children of the body of the sd Jno Lamball Dewe on the body
of the sd Mary Roberts lawfully begotten born in the lifetime of the sd Jno L
Dewe or after his decease then To the Use of all & every such Children Sons or
Daughters for such Estates etc as they the sd Jno Lamball Dewe & Mary Roberts or
the Survivor should by any Writing or Writings direct or appoint And in default
of such direction or appointment then To the Use of all & every such Children
respectively Sons or Daughters or both share & share alike as Tenants in Common
not as joint Tenants and of the several Heirs of the Body & Bodies of all &
every such Children lawfully issuing And if there should be failure of issue of
the Body of any such Children (there being more than one) Then as to the part &
share parts & shares of such Child & Children whose issue should so fail To the
Use of the remaining & other Child & Children & the Heirs of his her or their
Bodies as Tenants in Common if more than one & if there should be a failure of
all such Children but one then To the Use of such one child & the Heirs of his
or her Body & for default of such issue then To the Use & behoof of the sd Jno
Lamball Dewe his Heirs & Assigns forever And as for & concerning the sd Term &
Estate for 99 Years thereinbefore limited in Use to the sd Wm Stephens & Jno
Dutton their Exors Admons & Asss of & in the several Messes Lands Tents *
Heredits thereby released Declaration & Agreement by & betn all the parties to
the Abstracting presents that the sd Term & Estates so limited to them upon the
several Trusts & for the several intents & purposes following (that is to say)
page 34
Upon certain Trusts securing the rents during the joint natural lives of the sd
Jno Lamball Dewe & Mary his intended Wife for the sole & separate use of the sd
Mary Roberts Proviso that when & so soon as either of them the sd Jno Lamball
Dewe & Mary his intended Wife should die then all the Arrears of the sd Rents &
profits being paid & satisfied to the sd Mary Roberts her Exors Admons or
Assigns & all the Costs & Charges which should be incurred in or about the
execution of the sd Trusts being fully paid & satisfied the sd Term & Estate of
99 Years of & in the sd premes should cease determine & be void to all intents &
purposes Power to Lease Power to the Trustees during the joint lives of the sd
Jno Lamball Dewe & Mary Roberts his intended Wife or during the lifetime of the
Survivor of them to make sale or dispose of or to convey in Exchange in lieu of
other Lands & Heredits all or any part of the sd Messes Lands Tents & Heredits
thereinbefore mentd to be thereby granted & released With provisions for
reinvestment in Land etc of the money arising by Sales Power to appoint new
Trustees & Trustees Indemnity Clauses Covenant by the sd Jno Lamball Dewe for
himself his Heirs Exors and Ads with the sd Thos Dewe & Jas Roberts their Hrs &
Asss that he was lawfully seized - had good right to convey - for quiet
enjoyment - free from Incumbrances other than & except all Grants or Leases in
being (if any) of all or any part of the premises - And for further Assurance
Executed by the sd Jno Lamball Dewe Mary Roberts James Roberts & Thomas Dewe &
attested by 3 Witnesses
3rd Sept 1834 The sd Jno Lamball Dewe died having had 4 Children vizt Jno
Lamball Dewe Wm Dewe Mary Ann Dewe & Silvia Dewe 18-- The sd Sylvia Dewe died
unmarried
15th June 1839 Certificate under the hands & seals of Chas Powlett Rushworth &
Edwd Sawrin[?] Esq 2 of the Commrs acting in the execution of the several Acts
for the redemption of the Land Tax of the Contract with the sd Jas Roberts &
Thos Dewe for the redemption by them of £1 17 10 Land Tax being the Land Tax
charged upon the before Abstracted premises Duly registered 9 July 1839
1842 The said Mary Dewe died
page 35
9 July 1842 By Indre made between Mary Ann Dewe of Abingdon Coy Berks Spinster
of the one part & the sd Thos Dewe & Jas Roberts then of Milton Co Berks of the
other part Reciting the hereinbefr Abstd Indres of Lease & Release of 11th &
12th Aug 1818 And Reciting that there were issue of the Marriage between sd Jno
Lamball Dewe & Mary his Wife formerly Mary Roberts Spinster 3 Children only
(that was to say) the sd Mary Ann Dewe Jno Dewe & Wm Dewe all of whom were still
living And Reciting that the sd Jno Lamball Dewe died in the Month of 18 & the
sd Mary Dewe died in the Month of 1842 witht having made any appointment to or
in Favor of any of their sd Children in excercise of the power for such purpose
given or reserved to them by the sd thinbefe recited Indre of Release &
Settlement And Reciting that sd M. A. Dewe attained the age of 21 Years on the
day of 18 & being desirous of enlarging the Estate tail to which she was
entitled in possession in 1/3rd part or share of the sd Cottages or Tents Lands
& Heredits described & compd in the sd thereinbefe recited Indres of Lease &
Release & Settlement & all new erections thereon erected & built & of & in all
other Heredits (if any) then subject to or affected by the uses or limitations
of the sd Settt had agreed to convey & assure the same unto the sd Thos Dewe & J
Roberts in the manner & upon the trust thereinatr expressed It is Witnessed that
in pursuance of the sd desire & agreement & for the purpose of enlarging the
afsd Estate tail of the sd M.A. Dewe in 1/3rd part of the sd Cottages Lands &
Heredits into an absolute Estate in fee simple & for barring all remainders
reversions rights titles Estates interests & powers to take effect after the
determination or in defeazance of such Estate tail & for conveying & assuring
the sd 3rd part or share & Heredits in the manner & upon the trust thereinafter
expressed & declared & in Conson of 10s/- by sd T Dewe & J Roberts to sd M.A.
Dewe paid the sect etc The sd M.A. Dewe by virtue of & pursuant to the powers &
provisions given by & contained in the Act of Parliament for the abolition of
Fines & Recoveries & for the substitution of more simple modes of Assurance Did
by now Abstracting presents (made in pursuance of the Act of Parliament for
rendering a Release as effectual for the Conveyance of Freehold Estates as a
Lease & Release by the same parties & intended forthwith in compliance with the
afsd Act for the abolition 0f Fines Recoveries to be inrolled in the High Court
of Chancery give grant alien release & confirm unto the sd T. Dewe & J. Roberts
& their Heirs All that the one equal untableided 3rd part or
page 36
share of or belonging to sd M.A. Dewe & then vested in her for an Estate tail in
possession of & in All & singr the sd Cottages or Tents Farm yard Buildings
Orchard Closes or parcels of Land & other the heredits thereinbefe & in the sd
therein above in part recited Indres of Lease & Release & Settlement of the 11th
& 12th Augt 1818 described or mentd And all new Erections & buildings thereon
erected & built And of & in All other (if any) Lands Tents & Heredits then
subject to or affected by the uses or limitations of the afsd Indre of Release &
Settt & which under or by virtue of any Act of Parliament or otwise had been
allotted or awarded or exchanged or substituted in respect or for or in lieu of
the sd Cottages or Tenements Closes or parcels of Land & Heredits thereinbefore
mentd or referred to or in respect of any right of Common or other rights
appendant or appurtenant thereto And of & in all & singular the rights members
privileges & Appurts whatsr to sd Cottages or Tenements Lands & Heredits
belonging to And the Reversion etc And all the Estate etc To hold the same with
the Appurts unto & to the use of the sd Thos Dewe & J S Roberts their Heirs &
Assigns for ever free & absolutely released exonerated & discharged of & from
the Estate tail therein of the sd M.A. Dewe And all Estates rights titles
interests & powers to take effect after the determination or in defeazance of
such Estate tail In Trust Nevertheless for the said Mary Ann Dewe her Heirs and
Assigns and to be conveyed and disposed of as she or they might from time to
time or any time or times thereafter order direct or appoint
Executed by the said Mary Ann Dewe attested by one Witness and inrolled in
Chancery 19th August 1842
page 37
11 July 1842 By Indenture made between the sd Mary Anne Dewe of the 1st part
John Knight Leake of Chelmsford in the Coy of Essex Miller of the 2nd part & the
sd Thos Dewe & Jas Roberts of the 3rd part Reciting that a Marriage had been
agreed upon between sd JK Leake and Mary Anne Dewe & that it was intended that
the same should be shortly solemnized And Reciting that in contemplation of sd
Marriage it had been agreed that said M.A. Dewe should convey & assure the 1/3rd
part or share belonging to her in the Heredits thereinafter described unto sd T.
Dewe & J. Roberts Upon & for the trusts intents & purposes thereinafter declared
& expressed concerning same And that sd J.K. Leake should enter into such
Covenant as also thereinafter contained with regard to any further part or share
of the sd Heredits which might thereafter devolve to or come into the possession
of the sd M.A. Dewe during the lifetime of sd J.K. Leake It is Witnessed that in
pursuance of sd Agreement and in conson of sd intended Marriage & of 10s/ by sd
T. Dewe & J. Roberts to sd M. A. Dewe paid the receipt etc The sd M.A. Dewe with
the privity & consent of sd J.K. Leake (testified etc) Did by now Abstracting
Indenture (made in pursuance of the Act of Parliament for rendering a Release as
effectual for the Conveyance of Freehold Estates as a Lease & Release by the
same parties) grant bargain sell alien & release unto sd Thos Dewe & Jas Roberts
their Heirs & Assigns All that the one equal untableided 3rd part or share of or
belonging to sd M.A. Dewe & then vested in her for an absolute legal or
equitable estate in fee simple in possession of & in All those 3 Cottages or
Tenements theretofore 1 Messuage or Farm House Farm Yard with the Pot Ash House
Barns Stables Dovecote Outhouses & other buildings thereupon erected & built and
the Orchard & Close of Meadow Land therewith holden contg by estimation 6 Acres
& an half were the same little more or less Together with the 3 Cottages thereon
erected & built All which sd Heredits were situate & being in the parish of
Milton in the County of Berks And also of & in All that other Plot or parcel of
Land or Ground situate in the South Field in Milton afsd contg 23 Acres & 5
perches bounded by Old Inclosures in Milton afsd - by the 2nd Allotment in lieu
of Lands & other rights to the Governors of St Thomas Hospital in London - by
the 1st Allotment in lieu of Lands & other rights to Thos Bowles & the Milton
Hill Road And of & in All that Meadow Ground called the Lott Mead in Milton afsd
contg 3a 2r 29p more or less And of & in All that other Meadow Ground called the
Stert in Milton
page 38
afsd & containing 1 2 23 more or less And of & in All Lands Tenements & Heredits
which under or by virtue of any Act of Parliament or otherwise had been allotted
or awarded or exchanged or substituted in respect or for or in lieu of the sd
Cottages or Tenements Closes or parcels of Land & Heredits thereinbefore
described or mentioned or any of them or in respect of any of them or in respect
of any right of Common or other right appendant or appurtenant thereto And all
new erections & buildings thereon erected & built And of & in all other, if any,
Messes Lands & Heredits then vested in sd M.A. Dewe or held in trust for her
situate & being in the parish of Milton afsd or elsewhere in the County of Berks
And of & in All & singular the rights members privileges & appurts whatsr to the
sd Cottages or Tenements Lands & Heredits - And the Reversion etc And all the
Estate etc To hold the same Unto & to the use of the sd T. Dewe & J. Roberts
their Heirs & Assigns for ever Nevertheless Upon the Trusts & for the intents &
purposes & with & subject to the powers provisoes agreements & declarations
thereinafter declared expressed & contained of or concerning same Powers to
Trustees to raise by Mortgage or Charge of or upon sd Heredits Sums for
advancement of Children and also to lease for any term not exceeding 21 years
Proviso Agreement & Declaration that it shod be lawful for the sd Trustees or
Trustee of now Abstracting presents for the time being if they in their
discretion thought fit to dispose of & convey either by way of absolute Sale or
in exchange for or by way of Partition in lieu of other Messuages Lands or
Tenements or parts or shares of Messuages Lands or Tenements to be situate in
England or Wales but not in Ireland the sd 1/3rd part or share & Heredits
thereby settled And also to join or concur with the other persons interested
therein in disposing of & conveying either by way of Sale or in exchange as afsd
the Entirety of the sd Cottages or Tenements Lands & Heredits thereinbefore
described or mentioned or any of them & the absolute legal estate & interest in
the sd part or share or entirety as the case might be (freed & absolutely
released & discharged from the trusts & powers thereinbefore declared and
contained in relation thereto) to any person or persons for such price or prices
in money or for such Equivalent or recompense in Messuages Lands or Tenements or
parts of Messuages Lands or Tenements either of Freehold or Copyhold tenure &
with or without receiving or paying any sum or sums of Money for Equality of
exchange or partition as to the sd Trustees or Trustee for the time being shod
seem expedient Declaration as to investment of monies received on Sale of sd
Hereds or for Equality of Exchange or Partition And the sd J.K. Leake in
pursuance of the Agreement on his part thereinbefore recited And in conson of sd
intended Marriage Did thereby for himself his Heirs Exors & Admons Covenant &
agree with sd T. Dewe
page 39
& J Roberts their Heirs & Assigns That if at any time after the solemnization of
sd intended Marriage & during the lifetime of sd J.K. Leake any further part or
share or parts or share of the sd Cottages or Tenements Lands & Heredits
thereinbefore described should be given or devised or descend to or otherwise
come into the possession of sd M A Dewe or to or upon the sd J.K. Leake & MA
Dewe for an Estate in fee simple or in fee entail in possession Then & in every
such case the sd JK Leake would at the expense of the same part or share or
parts or shares & Heredits make do & execute & join & concur with sd MA Dewe in
making doing executing & perfecting all such Acts deeds Conveyances & Assurances
in the Law whatsoever as the sd Trustees or Trustee of now Abstracting presents
for the time being or their or his Counsel in the Law shod think proper or
advise for effectually vesting in the sd Trustees or Trustee their or his Heirs
& Assigns such further part or share or parts or shares of sd Cottages or
Tenements Lands & Heredits as might so come into the possession of sd M.A.Dewe
or sd J.K. Leake & MA Dewe in her right as thereinbefore mentioned to be held by
the sd Trustees or Trustee their or his Heirs & Assigns Upon & for such & the
same trusts intents and purposes and with under & subject to such & the same
powers provisoes Agreements & Declarations as were thereinbefore decld expressed
& contained of or concerning the sd 1/3rd part or share Heredits & premises
thereby settled or as near thereto as the deaths of parties & other
circumstances would then admit of Proviso Agreement & Declaration between & by
the sd parties to now Abstracting presents That the receipt or receipts in
Writing of the Trustees or Trustee of now Abstarcting presents for the time
being for all or any Moneys payable or to be paid to them or him under or by
virtue or upon or for any of the trusts or purposes of those presents should be
good & sufficient as a discharge or discharges to the person or persons liable
to pay the same his her or their Heirs Exors Admons & Assigns And that such
person or persons shod not be obliged to see to the application or be answerable
for the misapplication of the moneys therein respectively expressed to be
received or any part thereof respectively Power to appoint new Trustees &
Trustees Indemnity Clauses Executed by sd Mary Anne Dewe & J Knight Leake &
Attested by one Witness
184- The sd John Lamball Dewe the Son died unmarried
1856 The sd Jas Roberts died & was buried at Steventon Berks
page 40
15 February 1858 By Indenture of this date made between Willian Dewe of Bank St
West Emerald Hill Melbourne Australia of the 1st part Thomas Dewe of Longworth
in the Coy of Berks Esq of the 2nd part the sd John K. Leake and Mary Ann Leake
his wife of the 3rd prt Richard Mallam of Milton in the sd Coy of Berks Esqr of
the 4th pt and William Mallam of Milton afsd Esqr of the 5th pt
Reciting the hereinbfe abstracted Indres of Le & Rele dated resply the 11 & 12
Aug 1818
And reciting that the sd J.L.Dewe & M. Roberts were married at Steventon Berks
on the 12 Aug 1818
And reciting that there were 4 children of the sd Marriage nameley John Lamball
Dewe since deced who was thrinar to distinguish him from his Father called "J.L.
Dewe the Son" the sd WilliamDewe the sd M.A. Leake and Silvia Dewe since deced
And reciting death of the sd Silvia Dewe an infant of the age of 16 years on the
3rd Sep 1840
And reciting death of the sd J.L. Dewe and of Mary his wife
And reciting that the power of Appointment by the thrinbfe recited Mare of 12
Aug 1818 reserved had not been exercised
And reciting the hrinbfe abstracted Indre of 9 July 1842
And reciting the hrinbfe abstracted of 11 July 1842
And reciting that the sd J.L. Dewe the Son died on the 27 Sep 1842 and was
buried at St Johns Moulsham Essex unmarried & without having barred the entail
in or in any other manner disposed of the 1/4th equal untableided part or share
originally limited to him by the sd abstracted Indres of 11 & 12 Aug 1818 of &
in the premes therein comprised or in the one 1/12 equal untableided
page 41
part or share which accrued to him on the death of the sd Silvia Dewe as apd of
and in the same heres & premes
And reciting that the sd J. Roberts died on the 20 June 1856 and was buried at
Steventon Berks
And reciting that no Settlement in pursuance of the Coot for that purpose contd
in the sd recited Indre of 11 July 1842 had yet been made of the part or share
(being one sixth equal untableided part or share) of and in the sd heres & premes
which accrued to the sd J.K. Leake & M.A. Leake in right of the sd Mary Ann
Leake upon the death of the sd .L. Dewe the Son
And reciting that under the limitations contd in the sd recited Indre of 12 Aug
1818 and under the circumstances thrinbfe recited the said WilliamDewe was then
seized of one untableided moiety or equal half part of and in the said heres &
premes therein comprised for an Estate Tail in posson and the said Thomas Dewe
as surviving Trustee under the said recited Indre of 11 July 1842 was seized of
one third equal untableided part of & in the same heres for an estate in fee
simple in posson upon the trusts nevless and with the power of Sale in the same
Indre contd And the sd J.K. Leake & M.A. Leake his wife in right of the sd Mary
Ann were seized of one sixth equal untableided part or share subject nevless to
the trusts including the power of Sale by the said last mentioned Indres
declared concerning the said one third equal untableided part or share thereby
settle
And reciting that the sd William Dewe in his own right & the sd Thos Dewe as
Surviving Trustee of the sd recited Indre of 11 July 1842 in pursuance of the
power contained in the same
page 42
with the privity of the said J.K. Leake & M.A. Leake testified he had contracted
and agreed with the said Richard Mallam for the Sale to him for the sum of £2500
of the entirety of the sd heres & premes thereinbfe described & comprised in the
sd recited Indres of 11 & 12 Aug 1818 (except a small portion thereof consisting
of 2 acres of land more or less which had been sold and conveyed to the Great
Western Railway Company) and the fee simple and inhanse throf with the appurts
free from incumbrances except a quit rent of £2.0.0 1/2 payable to the Lord of
the Manor of Milton
It is witnessed that in conson of £1250 (being one moiety of the sd sum of
£2500) by the sd R. Mallam to the sd W. Dewe in hand paid the receipt etc & also
in conson of £1250 (being the other moiety of the sd sum of £2500) with the
consent of the sd J.K. Leake & M.A. Leake his Wife testified as afsd paid by the
sd R. Mallam to the sd Thomas Dewe as such surviving Tree as afsd the receipt
etc He the sd W. Dewe as to one untableided moiety or equal half or share of & in
the sd heres & pres Did by abstracting presents which were to be enrolled in Her
M's High Ct. of Chancery pursuant to the thrinbfe mentd Statute Ger ant and
confirm and the sd T Dewe as to the other untableided moiety or equal half part of
the same heres & pres as such surviving Tree as afsd and in pursuance &
excercise of the power or authority contd in the sd recited Indre of the 11 July
1842 Did by abstracting presents grant And the sd J.K. Leake & M.A. Leake his
Wife as to their respive beneficial estates or interest in
page 43
in the said last mentd moiety of and in the sd last mentd heres & premes under
the said recited Indre of 11 July 1842 And also as to the one sixth equal
untableided part or share of or in the sd heres & premes of which the sd Mary Ann
were so seized for an estate tail in posson Did and each of them Did by
abstracting presents (which were intended to be not only enrolled but to be
acknowledged by the sd M.A. Leake pursuant to the same Statute and executed by
her with the concurrence of the sd J.K. Leake her husband testified etc grant &
confirm unto the said Richard Mallam and his heirs All those and that the heres
& pres thrinbfe described and comprised in and conveyed by the thrinbfe recited
Indres of 11 & 12 Aug 1818 (save and except the portion thereof consisting of 2
acres more or less which had been sold and conveyed to the Great Western Railway
as thrinbfe was mentioned) All which sd heres & premes thereby granted or
intended so to be were then in the Tenure or occupation of the said R. Mallam as
yearly Tenant thof and the parlars throf arre further contd in the Schedule
thrunder written Together with all bdgs etc And all the Este
To hold the same with their appurts unto the sd R. Mallam & his heirs freed and
for ever discharged from all and every the estates tail then vested in the said
William Dewe and J.K. Leake & Mary Ann Leake in right of the said recited
Settlement of the sd J.L. Dewe deced or otherwise and all remainders reversions
estates rights Titles Interests and powers To take effect after the
determination
page 44
and in defeasance of such estates tail respectively or any of them but subject
nevless to the thrinbfe mentd Just Rent of £2.0.01/2 payable to the Lord of the
Manor of Milton To such uses for such estates and in such manner as the sd R.
Mallam should by any deed or deeds with or without power of revocation and new
appointment from time to time or at any time appoint And in default etc To the
use of the sd R. Mallam & his ass during his life without unpeachment of waste
Remr To the use of the sd William Mallam and his heirs during the life of the sd
Richard Mallam In trust for him & his ass Remr To the use of the said R. Mallam
his heirs and ass for ever Declon by the sd R. Mallam in bar of Dower Covt by
the sd T. Dewe that he had not incumbered Covt by the sd W. Dewe and by the sd
J.R. Leake for himself and Mary Ann Leake his Wife For good right to grant - for
quiet enjoyment - free from incumbs - and for further assurance The Schedule to
which the above abstracted Indenture referred Eight Cottages or Tenements now in
the respive occupations of Midwinter Pullen Kent Gibbs Hutchins Pullen Bread and
Caudwell two of which Cottages or Tenements were lately erected & built on the
site of a House called the Potash House with the Farm Yard Barns Stable &
outhouses and the Orchard and close of Meadow Land or Ground thereto adjoining
containing by estimon 6 acres and 2 roods more or less situate in Milton
aforesaid
page 45
a plot or parcel of Arable Land or Ground situate in the South Field in Milton
aforesaid containing by estimation 21 acres more or less A Meadow Ground called
the Lott Mead in Milton aforesaid containing by estimon 3a 2r 29p more or less A
Meadow Ground called the Stert in Milton aforesaid containing by estimation 1a
2r 23p more or less Executed by the sd W. Dewe T. Dewe J.K. Leake M.A. Leake &
R. Mallam Receipts for £1250 & £1250 endorsed signed and witnessed This deed was
acknowledged by the said M.A. Leake in the presence of Robt P Bartrop and James
Bell Perpetual Commissioners etc This deed was enrolled in Her M's High Ct of
Chancery 7 June 1858 pursuant to the Act of Parliament 3 & 4 William IV cap 74
page 46
19 January 1871 By Indre of this date made between the said R. Mallam of the one
part William Paley of Lombard Street in the City of London Wholesale Perfumer
Richard James of the City of Oxford China and Glass Merchant and George William
Harn of Richmond in the Coy of Surrey Gentleman of the other part
Reciting the seisin of the said R. Mallam And reciting that the said W Paley RJ
Spiers & GW Harn had agreed to lend the said R Mallam the sum of £3163 17 0 on
having the repayment of thereof with interest secured in manner hereinafter
appearing It was witnessed that in conson of £3163 17 0 the said R Mallam paid
by the said W Paley RJ Spiers and GW Harn (the Exctrs etc) He the said RJ Mallam
Did Grant and Convey unto the said W Paley RJ Spiers and GW Harn their heirs &
assigns Firstly all that plot or piece of land or ground which in Great West
Field in Sutton Courtenay in the County of Berks Containing 8a 2r 19p bounded by
the fourth allotment to Thomas Curtis lands in the Parish of Milton and by the
Milton Road And Secondly All those five Cottages formerly eight Cottages or
Tenements now or late in the respective occupations of Midwinter Pullen Kent
Gibbs Hutchins Baldwin Bread and Caudwell two of which Cottages were some time
since erected on the site of a house called the Potash House with the farm yard
barns stable and outhouses and the orchard & Close of meadow land or ground
thereto adjoining containing by estimation 6a & 2r more or less situate in
Milton aforesaid A plot or parcel of arable land situate in the South Field in
Milton aforesaid containing by estimation
page 47
21a more or less
Also a meadow ground called the Lott Mead in Milton aforesaid containing by
estimation 3a 2r 29p more or less
And a meadow ground called the Stert in Milton aforesaid containing by
estimation 1a 2r 23p more or less Together with the appurts And all the est etc
To hold the same unto and to the use of the said W Paley RJ Spiers and GW Harn
their heirs & assigns for ever subject nevertheless to the promise for
redemption thereof thereinafter contained[?] Proviso for redemption on payment
by the said R Mallam on the 19th June the[?] inest[?] to the said W Paley RJ
Spiers and GW Harn of the sum of £3163-17 with interest for the same at the rate
of £4-10 percent per annum without any deduction
Covenant by the said R Mallam with the said W Paley RJ Spiers and GW Harn To pay
the same sum of £3163-17 with the interest on the 19th June then[?] inest[?]
without any deduction (except property tax) To pay interest for said sum after
that date at rate of £4-10 per cent per annum
Declaration by the same W Paley RJ Spiers and GW Harn that said sum of £3163-17
belonged to Cham[?] on a fond[?] account
Full Power of sale and usual Consequential clauses
Covenants by the said R Mallam with the said W Paley RJ Spiers and GW Harn For
power to grant For quiet enjoyment after default For Freedom from incumbrances &
For further assurances Executed by the said R Mallam and attested Receipts for
conson money (£3163-17) indorsed signed and witnessed
9th April 1877 The sd Wm Paley died
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