1741 Abstract of the Title of Mr John Carter

Abstract of the Title of M^r John Carter to the

Reversion or Remainder expectant upon the Death of Luc

Crabb Widow of an Estate situate at Waldringbridl in the County

of Suffolk

 

7^th Dec[embe]r 1741

Richard Frost of Playford in the County of Suffolk Gent[leman] by his Will duly executed and attested

Devised all his Real  and personal Estates to his Executors and the Survivor of them and the Heirs and

Representatives of such Survivor And willed that after the decease of his the Testor’s, Son his Ex[ecu]tors

& Trustees & the Surv[iva]l of them & the Heirs & Representatives of such Surv[iva]; sho[ul]d convey all his, the

Test[at]ors Real Estate as follows – viz

“To all & every the Daughter & Dau[ghte]rs of my s[ai]d Son which shall be living at the time

“of his decease equally to be Divided amonst them share & share alike To hold to

“all & every such Dau[ghte]r & Dau[ghte]rs for her & their life and lives respectively with

“Trustees to ppres—ue te Remainder of such Estate to the Issue Male of the body

“& bodies of every such dau[ghte]r & dau[ghte]rs respectively the elder of which Issue Male

“to take before the younger and for want of such Issue to her  & their resp[ect]ive

“Issue femail and for want of such Issue to the surviving dau[ghte]r or dau[ghter]rs of my said

“son in equal parts & shares to be Divided amongst hem To hold to such

“surviving dau[ghte]r & dau[ghte]rs respe[ec]tively for her  & their life & lives Rem[ainde]r to the Issue

“Male of such surviving Dau[ghte]r & Dau[ghte]rs respectively the Elder of which Issue

“Mae to take before the younger” – Rem[ainde]r to the Issue Female made of such Dau[ghte]r – with Rem[ainde]r over.  with ????????

Rem[ainde]r to Test[at]ors Nephews

And the Test[at]or appointed John Hammond & W[ilia]m Whimper

His Exe9u]tors who Duly proved the same Will

 

7^th & 8^th July 1755

Indentures  of Lease & Release of those dates respectively the Lease made betw[ee]n John

Hammond of Petitistree In the County of Suffolk Gen[lema]n & Will[ia]m Whimper of Kesgrave in the said

County Gent[lema]n (Ex[ecu]tors of the last Will & Testament of the af[ore]s[ai]d Rich[ar]d Frost) of the one part & Richard

Andrews of Woodbridge – Surgeon & Will[ia]m Walford of the same place Ironmonger of the other

Part and the Release being quadripartite & made betw[ee]n the s[ai]d Jon[atho]n Hammond & W[ilia]m Whimper

Of the 1 part John Carter of Beccles Cou[nty] Suffolk Cl[er]k & Sarah his wife & Denny Crabb of Salisbury

Court Fleet Street London Surgeon & Lucy his Wife (which s[ai]d Sarah & Lucy were Dau[ghte]rs of

Richard Frost dec[ease]d who was the only Son of the af[ore]s[ai]d Rich[ar]d Frost the Test[at]or) of the 2^nd part

John Marsh of Bromeswell (Cou[nty] Suffolk Husbandman, John Gall of Antido Cou[nty) Southampton

Exciseman William Cook of Woodbridge af[ore]s[ai]d Mariner Cornelius Collins of Ipswich Schoolmas[te]r

& Mary his wife & Richard Bacon of Ipswich Corker  & Eliz[abe]th his wife which s[ai]d John Marsh &

John Gall were nephews of the s[ai]d Rich[ar]d Frost, the Test[at]or,  & whch s[ai]d W[illiam Cook, Mary the wife

of the s[ai]d Corn[eliu]s Collins & the s[ai]d Eliz[abeth] the wie of the s[ai]d Nich[ola]s Bacon were all the Children of the

s[ai]d Test[at]or Rich[ar]d Frosts’ nephew W[ilia]m Cook of the 3^rd part & the s[ai]d Rich[ar]d Andrews & W[ilia]m Walford of

the 4^th part Reciting the Will of the s[ai]d Rich[ar]d Frost the Test[at]oras or to the effect herein

before recited and that the s[ai]d Jon[atha]n Hammond & W[ilia]m Whimper had only proved the same

And after setting forth that by a decree or decretal order  of his Majest’y’s Court of

Exchequer bearing date the 9^th day of Nov[embe]r 1753 made in a Cause wherein the s[ai]d Sarah Frost

& Lucy Frost were ?Pl[aintiffs? & the s[ai]d Jn^o Hammond & W[ilia]m Whimper, John Marsh, John Gaul,

Corn[elliu]s Collins  & Mary his wife, W[ilia]m Cook, Nich[ola]s Bacon, & Eliz[abeth] his wife were def[endan]ts It was,

Page 1

//

 

amongst  other things, Ordered & decreed  that threal Estate of the s[ai]d Testator sho[ul[d be conveyed for

the said Sarah Frost & Lucy Frost for life as Tenants in Common  with cross & other Remain[de]rs

over according to the Will of the said Test[at]or  It was by the s[ai]d Ind[entu]re of Release Witnessed

that in pursuance of the s[ai]d Will  in obedience to the s[ai]ddecree and in consid[eratio]n of 5^d apiece to the

said John Hammond & W[illila]m Whimper paid by the s[ai]d R[ichar]^d Andrews & W[illia]m Walford They the said Jn^o

Hammond & W[ilia]m Whimper did bargain sell release & confirm unto the s[ai]d R[ichar]^d & W[ilia]m Walford

& their Heirs (amongst other Heredit[ament]s)

All that Messuage Tenement and Farm with the Lands and

Grounds thereunto belonging or terewith eld or enjoed situate and

being in Waldingfield in the s[ai]d County of Suffolk & then in the occup[atio]n

of Geo[rge] Cook his undert[enan]ts or assigns since of John Glanfield & nnow of

the s[ai]d Lucy Crabb her Undert[enan]ts or Assigns

 

And the Rev[ersion

 

To hold unto the s[ai]d Rich[ar]d Andrews & W[illia]m Walford their Heirs & Assigns

To the uses therein ment[ione]d (viz)

 

As to one undivided Moiety  or half part thereof

To the Use of the s[ai]d Sarah Carter & her Assigns for Life                                Rem[ainde]r

To the Use of the s[ai]d Andrews & wWalford & their Heirs during the life of the

s[ai]d Sarah Carter In trust to preserve contintent Rem[ainder]s                    Rem[ainde]r

NB    To the Use of the first Son of the Body of the s[ai]d Sarah Carter  in Tail

Male                                                                                               Rem[ainde]r

To the Use of the 2^nd, 3^rd, 4^th, 5^th, 6 & all & every other Son & Sons of the Body of

the s[ai]d Sarah Carter lawfully begotten intail male in succession               Rem[ainde]r

To the Use of the Daughters of thes[ai]d Sarah Carter as Tenants in

common in Tail female with cross Rem[ainder]s between them                   Rem[ainde]r

To the Use of the s[ai]d Lucy Crabb for Life –                                            Rem[ainde]r

To the Use of the s[ai]d Andrews & Walford & their Heirs during her life

In trust to preserve contingent Rem[ainde]rs – with the like Limitations Rem[ainders –

over in favour of the Children of thes[ai]d Lucy Crabb & their Issue as

with respect to the children of the s[ai]d Sarah Carter & their Issue                Rem[ainde]r

To the Use of the s[ai]d John Marsh, John Gaul, Mary Collins, Will[ia]m Cooke

Elizabeth Bacon & their Heirs as Tenants in Common

And as to the other undivided Moiety or half part thereof

To the Use of the s[ai]d Lucy Crabb & her Assigns for Life                                Rem[ainde]r

To the Use of the s[ai]d Andrews & Walford & their Heirs during her life In

in trust to preserve contingent Rem[ainde]rs                                             Rem[ainde]r

To the Use of the first Son of the s[ai]d Lucy Crabb in Tail male                    Rem[ainde]r

To the Use of the 2^nd, 3^rd, 4^th, 5^th, 6^th   all & every other Son & Sons of the Body of

the s[ai]d Lucy Crabb in tail male in succession                                                 Rem[ainde]r

To the Use of the Dau[ghte]rs of the s[ai]d Lucy Crabb as Tenants in Common in

Tail female with cross Rem[ainders between them                                      Rem[ainde]r

 

Page 2

 

//

 

To the Use of the s[ai]d Sarah Carter  & her assigns for Life –                         Rem[ainde]r

To the Use of the s[ai]d Andrews & Walford & their Heirs during her Life In trust

to preserve contingent Rem[ainders – with the like Lim{mite]d? Rem[ainde]rs over in favour of

the Children of the s[ai]d Sarah Carter  & their Issue as with respect to the

Children of the Lucy Crabb & their Issue                                               Remainder

*     In fee It is presume[e]d

To the Use of the s[ai]d Marsh, Gaul, Collins, Cooke & Bacon & their Heirs

as Tenants in Common *

 

Ex[ecut]ed by the s[ai]d Jn^o Hammond – W[illiam] Whimper – John

Carter – Sarah Carter – Denny Crabb – Lucy Crabb

W[ilia]m Walford & duly attested –

 

22^nd & 23^rd Oct[obe]r 1794

Ind[entu]res of Lease & Release of those dates resp[ectfully] the Lease made betw[ee]n the s[ai]d Lucy

Crabb by the description of Lucy Crabb of Kesgrave in the County of Suffolk widow &

Relict of Denny Crabb late of Kesgrave afo[resai]ddec[ease]d  & one of the two GrandDaughters and

Devisees names in the last Will & Testament of the afores[ai]d Rich[ar]d Frost late of Playford in

the s[ai]d County Gent[lema]n also dec[ease]d and John Carter of Ipswich in the s[ai]d County of Suffolk

Gent[lema]n (Eldest Son of Sarah the late wife of the Rev^d John Carter of Wickham Market

in the s[ai]d County and which s[ai]d Sarah was the other Grand daughter  & Deviee named in

the said Will of the s[ai]d Richard Frost of the one part and Robert Baxter of Furnivals Inn in

the City of London Gent[lema]n of the other part and the Release being of 4 parts & made betw[ee]n

the s[ai]d Lucy Crabb of the 1^st part the s[ai]d John Carter of the 2^nd part the s[a]d Rob[er]t Baxter of the

3^rd part & Stafford Squire Baxter of Furnivals Inn af[ore]s[ai]d G[en]t[leman]  of the 4^th part Reciting  that the

s[ai]d Lucy Crabb was under & by virtue of the Will of her Grandfather the s[ai]d Rich[ar]d Frost bear[in]g

date the 7^th day of Dec[embe]r  1741 and of a certain Decree or certain Decree made & pronounced

by his Majesty’s Court of Exchequer & of divers Settlements made & executed in pursuance

of such Decree or Decrees, Tenant for Life in possession of an undivided Moity or equal half

part of the several freehold mess[[uag]es Lands & Heredit[ament]s thereinafter described with Remainder

to her first & other Sons successively in Tail male with Rem[ainde]r to her Daughters as Tenants

in Common in Tail female with cross Rem[ainde]rs between them with Rem[ainde]r to the use of the

s[ai]d John Carter in Tailmale with Rem[ainde]rs over – And also reciting that the s[ai]d Lucy Crabb

was by the ways & in case before ment[ionne]d intitled to a like Estate with similar Rem[ainde]rs over

in Divers Copyh[ol]d or Customary Lands & Heredit[ament]s (parcel of the s[ai]d freeh[ol]d Prem[is]es) And

that the s[ai]d Jn^o Carter was seized of & intitled to one Estate of Inh[erit]ance in Possession in the other

undivided Moiety of the s[ai]d several freehold & copy[hol]d or Customary Prem[is]es afo[re]s[ai]d by virtue of

the afores[ai]d Will of the s[ai]d Rich[ar]d Frost & of the s[ai]d Decrees & Settlements hereinbefore ment[ione]d

& of divers other subsequent acts means legal assurances & operations in the Law And

after setting forth that the s[ai]d Lucy Crab had no Issue & was beyond Child bearing And

that in regard thereof and for the convenience & accommodoation of both parties the s[ai]d

Jn^o Carter  Lucy Crabb had agreed between themselves that the Intirety of the afores[ai]d

Prem[is]es at Waldringfield Helmly Newbourn & Martlesham (amongst otherf) & of ? Copy[hol]d

Heredit[ament]s belonging thereto sho[ul]d be settled & limited To the Use of the s[ai]d Lucy Crabb –

during her life freed & discharged of & from all mort[ga]ges & Incumb[rance]s whatsoever ssave

Kings Taxes  & Lords Rents and the Rent charge of 20^s thereinafter ment[ionne]d with Remain[de]r

to the s[ai]d Jn^o Carter & his Heirs and that the intirety of certain freeh[ol]d Heredit[ament]s therein

 

Page 3

 

//

 

mentioned to be situate at Earl Stonham Otley, Creetingham, Rendham & Sweffling & of certain

Copyhold Heredit[ament]s belonging thereto sho[ul]d be immediately limited & conveyed to the use of

the s[ai]d Jn^o Carter in Fee Simple in Possession and in regard that the annual value of a

Moiety of the prem[is]es therein ment[ione]d to be situate at Kesgrave, Great Bealings, Little Bealings,

Waldringfield, Helmly, Newbourn & Martlesham thereby agreed to be settled to the use of

the s[ai]d Lucy Crabb for Life exceeded the annual value of the Prem[is]es therein ment[ione]d to be

situate at Earl Stonham, Otley, Creetingham, Sweffling & Rendham by the sum of 20^s it had

been agreed that the Prem[is]es at Kesgrave, Great Bealings, Little Bealings, Waldringfield

Helmly, Newbourn  Martlesham af[ore]s[ai]d sho[ul]d be charged with the payment of a Rent charge

of 20^s per Annum to the said John Carter & his Heirs during the Life of the s[ai]d Lucy Crabb –

and that the s[ai]d Lucy Crabb sho[ul]d engage to keep the Houses & Buildings belonging to the

s[ai]d last ment[ione]d Premises in tenantable repair against Wind & Water during her Life and to

commit no waste thereson It was Witnessed that in pursuance of said Agreement &

in consid[eratio]n of 10^s by the s[ai]d Rob[ert] Baxter paid to the s[ai]d Lucy Crabb & John Carter They the

s[ai]d Lucy Crabb & Jn^o Carter did grant bargainsell cred[it] unto the s[ai]d Rob^t Baxter (in his

possession etc.) & to his Heirs (amongst other Heredi[tamen)ts)

All such part & parts & so much as was of freehold tenure of & in

All those Lands Meadows Pastures & Feeding Grounds with the

Houses Outhouses Barn Stable Yards & Garden to the same

Belonging witht eh app[urtenance]s situate lying & being in Waldringfield

Halmly Newbourn & Martlesham af[ore]s[ai]d & then in the occupation

Of the s[ai]d Lucy Crabb her Undert[enant]s or Assignes,

And also all othe the freehold mess[uag]es Tenure Farms Lands &

Heredit[ament]s & parts & shares of freeh[ol]d Mess[uage]s Tenam[ent]s Farms Lands &

Heredit[ament]s w[ha]tsoever of them the s[ai]d Lucy Crabb & John Carter either

In possession Reversion Remainder or Expectancy & to which they or

Either of them in any manner became intitled under or by virtue

Of the last Will & Testament of the af[ore]s[ai]d ich[ar]d Frost dec[ease]d situate lying

& being in Kesgrave, Great Bealings, Little Bealings, Earl Soham,

Otley, Cretingham, Waldringfield, Helmly, Newbourn, Martlesham,

Sweffling, Rendham afores[ai]d or in any of them –

And all ways

To hold unto & to the use of the s[ai]d Robert Baxtger & his Heirs To the Intent

that he the s[ai]d Rob[er]t Baxter or his Heirs might become a perfect Tenant or

Tenants of the freeh[ol]d of the said Prem[is]es To the end that one or more good &

perfect Common Recovery or Common Recoverys might be thereof had and

suffered in manner thereinafter ment[ione]d as of such Form then next or

of some subsequent Term in which the said Stafford Squires Baxter was to

be Demand?[en]t – the s[ai]d Robert Baxter, Tenant & the s[ai]d Lucy Crabb & John

Carter Vouchees and which s[aid]d Recovery or Recoveries, it was thereby

Declared & agreed sho[ul]d cume as to for & concerning the Premises afores[ai]d

(with others) therein described to be situate in Kesgrave, Great Bealings,

Little Bealings, Waldringfield, Helmly, Newbourn, & Martlesham afores[ai]d

To the use intent & purpose that the s[ai]d John Carter his Heirs or

Assigns might yearly upon Mich[aelma]s in every year during

the life of the s[ai]d Lucy Crabb receive & take by & out of the Rents

Issues & Profits of the s[ai]d last ment[ione]d  premises One Annuity, clear

yearly Rent charge or Annual sum of 20^s free from all & deduct[ion]s

and subject as af[ore]s[ai]d.

To the Use of the s[ai]d Lucy Crabb & her Assigns during the  ——-

 

Page 4

//

 

of her natural life (without power of committing waste but with

full power to fell Timber for Repairs & not otherwise) and

from & after her Decease,

To the Use of the s[ai]d John Carter his Heirs & Assigns for ever

 

    Covenant that the s[aid] Jn^o Carter & Lucy Crabb or their resp[ect]ive Heirs sho[ul]d at or or before

the next General or Special Courts Baron to be holden for the Manors of Marlesham

with Newbourn & Waldringfield with Hilton by such good & effectual Surrenders Customery

recov[erie]s or otherwise as the customs of the s[ai]d Manors sho[ul]d require duly & effectually

convey limit & assure all similar the Copy[hol]d Lands Tenem[ent]s & Heredit[ament]s of them thes[ai]d

Lucy Crabb & Jn^o Carter or either of them holden of the s[ai]d Manors & which are part &

parcel of the freehold Hered[itaments] thereby granted & released to such uses and were therein

before & expressed or referred to  concerning the s[ai]d freeh[ol]d Heredit[ament]s etc.

Cov[enan]t  from the s[ai]d Lucy Crabb to keep the Buildings etc in repair during her life ag[ain]st

Wind & water and not wilfully to suffer any waste or spoil thereon

With Cov[enan]t ag[ain]st Incummb[rance]s & for further assurances.

Ex[ecu]ted by all Parties in the presence of 2 Witn[e]s[se]s

 

 

Mich[aelma]s Term

35^th Geo[rge] 3^rd

Exemplification of a Recovery suffered in pursuance of the s[aid] last abstracted Indenture

Of 4 Mess[uage]s 8 Gardens 500 A[cre]s of Land, 40 A[cre]s of Meadow, 30 A[cre]s of Pasture, 50 A[cre]s of

Furze & Heath, Common of Pasture for all Manner of Cattle & Common of Turbary

With the app[urtenance]s in Kesgrave, Great Bealings, Little Bealings, Otley, Cretingham

Waldringfield, Newbourn, Helmly, Martlesham, Earl Stonham, Sweffling, and

Rendham –

 

In which Recovery Stafford Squire Baxter was                                        Demand[an]t

Robert Baxter                                                               Tenant

Lucy Crabb wido[w] & John Carter                                                      Vouchees

 

Page 5

 

 

Outside

 

Abstract of the Title of

M^r John Carter to the Reversion

or Remainder in fee simple

of an Estate at Waldringfield

expectant upon the death of

M^rs Lucy Crabb, Widow.