1794 Copy of Release dated 23rd October 1794

This Indenture of four Parts made the twenty

third Day of October in the thirty fourth year of the Reign

of our Sovereign Lord George the Third by the Grace of God of

Great Britain France and Ireland King Defender of the Faith

and so forth and in the Year of our Lord one thousand seven

hundred and ninety four Between Lucy Crabb of Kesgrave

in the County of Suffolk Widow and Relict of Denny Crabb

late of Kesgrave aforesaid deceased and one of the two

Grand Daughters and Devisees names in the last Will and

Testament of Richard Frost late of Playford in the said County

Gentleman also deceased of the first part John Carter  of

Ipswich in the said County of Suffolk Gentleman (eldest

Son of Sarah the late Wife of the Reverend John Carter of

Wickham Market in the said County and which said Sarah

Carter was the other Grand Daughter and Devisee named

in the said Will of the said Richard Frost of the second

part Robert Baxter of Furnivals Inn in the City of London

Gentleman of the third Part and Stafford Squire Baxter of

Furnival Inn aforesaid Gentleman of the fourth Part

Whereas the above named Lucy Crabb is under and by Virtue

of the Will of her Grand Father the said Richard Frost bearing

Date on or about the seventh Day of December One thousand

seven hundred and forty one and of a certain Decree or

certain Decrees made and pronounced by his Majestys Court

of Exchequer and of divers Settlements made and executed

in Pursuance of such Decree or Decrees Tenant for Life in

Possession of an undivided Moiety or equal half part of the

several Freehold Messuages Lands Tenements and

Hereditaments in Kesgrave Great Bealings, Little Bealings

Earl Stonham Otley Credtingham Waldringfield Helmly

 

Page 1

//

Newbourn Martlesham Swefling and Rendham in the County

of Suffolk herein after particularly described with remainder

to her first and other Sons successively in tail Male with

remainder to her Daughters as Tenants in common in tail

female with cross remainders between them with remainder

to the Use of the said John Carter in tail Male with

remainders over And whereas the said Lucy Crabb is

by the ways and means aforementioned intitled to a like

Estate with similar Remainders over in divers Copyhold or

Customary Lands and Hereditaments (Parcel of the said

Freehold Premises) holder of the several Manors of Tuddenham

in Kesgrave Overhall in Otley Martlesham with Newborn and

Waldringfield with Hilton in the said County of Suffolk And

Whereas the said John Carter so seised of and intitled to an

Estate of Inheritance in Possession in the other undivided

Moiety of the said several Freehold and Copyhold or

Customary Premises aforementioned by Virtue of the aforesaid

Will of the said Richard Frost and of the said decrees and

Settlements herein before mentioned and of diverse other

subsequent Acts Means legal Assurances and Operations in

the Law And Whereas the said Lucy Crabb has no Issue

and is beyond Child bearing And Whereas  in regard

thereof and for the Convenience and Accommodation of both

Parties they the said John Carter and Lucy Crabb have agreed

between themselves that the Intirety of the aforementioned

Freehold Premises at Kesgrave Great Bealings Little

Bealings Waldringfield Hembly Newbourn and Martlesham

and of the several Copyhold or Customary Lands and

Hereditaments belonging to the same or which have been

usually held therewith respectively shall be settled and

limited to the Use of the said Lucy Crabb during her Life

page 2

//

 

freed and discharged of and from all Mortgages Charges or

other Incumbrances whatsoever save Kings taxes and Lords

Rents and the rent charge of twenty Shillings after mentioned

with remainders to the said John Carter and his Heirs and that

the Intirety of the said Freehold Premises at Earl Stonham

Otley Cretingham Swefling and Rendham aforesaid and of the

Copyhold or Customary Lands and Hereditaments belonging to or

usually holden with the same respectively shall be immediately

limited and assured To the use of the said John Carter in

Fee Simple in Possession and in regard that the annual

Value of a Moiety of the said Premises at Kesgrave

Great Bealings Little Bealings Waldringfield Helmly Newbourn

and Martlesham aforesaid so agreed to be limited and

settled to the use of the said Lucy Crabb for Life exceeds the Annual Value

of the Premises at Eart Stonham Otley Cretingham Swefling

and Rendham aforesaid by the Sum of seventy Shillings it

hath been agreed that the Premises at Kesgrave Great Bealings

Little Bealings Waldriingfield Helmly Newbourn and Martlesham

aforesaid shall be charged with the Payment of a Rent charge

of twenty Shillings per Annum to the said John Carter and his

Heirs during the Life of the said Lucy Crabb and that the said

Lucy Crabb shall engage to keep the Houses and Buildings

belonging to the said last mentioned Premises in tenantable

repair against Wind and Water during her life and to commit

no Waste thereon Now this Indenture Witnesseth  that in

pursuance of the said herein before recited Agreement and in

Consideration of the Sum of ten Shillings of lawful Money of

Great Britain by the said Robert Baxter in hand paid to the

said Lucy Crabb and John Carter upon or before the sealing

and delivery of these Presents the receipt whereof is hereby

acknowledged they the said Lucy Crabb and John Carter

Have and each of them according to his and her

Page 3

//

respective Estate and Interest) Hath granted bargained sold and

released and by these Presents Do and each of them in manner

aforesaid Doth grant bargain sell and release unto the said

Robert Baxter (in his actual Possession now being by Virtue of

a Bargain and Sale to him thereof made by the said Lucy Crabb

and John Carter in Consideration of five Shillings by Indenture

bearing date the Day next before the Day of the Date of these

Presents for one whole year commencing from the Day next  before

the Day of the Date of the same Indenture of Bargain and Sale

and by force of the Statute for transferring Uses into Possession)

and to his Heirs All such and so many and such part and

parts of the several and respective Messuages Lands Tenements

and Hereditaments next herein after described as are or be of

Freehold Tenure (that is to say) of All that Messuage or

Tenement and Farm with the Houses Outhouses Edifices

Buildings Barns Stables Yards Gardens and Orchards to the

same belonging And of all the Lands Meadows Pastures Feedings

Woods Wood Grounds and Hereditaments thereto belonging or

appertaining or used or occupied therewith or accepted reputed

deemed taken or known as part parcel or member thereof

with the Appurtenances situate lying and being in Kesgrave

Great Bealings and Little Bealings aforesaid now in the

Tenure or Occupation of the said Lucy Crabb her Undertenants

or Assigns And also of all that Messuage or Tenement

and Farm with the Houses Outhouses Buildings Barns

Stables Yards Gardens and Orchards to the same belonging

And of all Lands Meadows Pastures Feedings Woods

Wood Grounds and Hereditaments thereto belonging or

appertaining or  used or occupied therewith or accepted

reputed deemed taken or known as part parcel  or member

thereof with the Appurtenances situate lying and being

in Eart Stonham aforesaid and now in the tenure or

 

page 4

//

Occupation of Robert Ploughman his Undertenants or Assigns

And  also of all that messuage or Tenement and Farm with the

Houses Outhouses Edifices Buildings Barns Stables Yards Gardens

and Orchards to the same belonging And of all Lands Meadows

Pastures Feedings Woods Wood Grounds and Hereditaments thereto

belonging or appertaining or used or occupied therewith or

accepted reputed deemed taken or known as part parcel or

member thereof with the Appurtenances situate lying and being

in Otley and Cretingham aforesaid and now in the tenure or

Occupation of John Miller his Undertenants or Assisgns And of all

those Lands Meadows Pastures, and Feeding Grounds with Houses

Outhouses Barn Stable Yards and Garden to the same belonging or

used or occupied therewith or accepted reputed deemed taken

or known as part parcel or member thereof with Appurtenances

situate lying and being in Waldringfield Helmly Newbourn and

Martlesham aforesaid and now in the tenure or Occupation of the

aforesaid Lucy Crabb her Undertenants or Assigns And also of all

those Freehold Meadows or Pasture Grounds situate lying and being

in Swefling and Rendham aforesaid and now in the tenure or

Occupation  of John Sutton his Undertenants or Assigns And also

all other Freehold Messuages Tenements Farms Lands and

Hereditaments and parts and shares of Freehold Messuages

Tenements Farms Lands and Hereditaments whatsoever of them the

said Lucy Crabb and John Carter either in Possession Reversion

Remainder or Expectancy and to which they or either of them in

any manner become intitled under or by Virtue of the last Will

and Testament of the aforesaid Richard Frost deceased situate

lying and being in Kesgrave Great Bealings Little Bealings

Earl Stonham Otley Cretingham Waldringfield Helmly Newbourn

Martlesham Swefling and Rendham aforesaid or in any of them And

all Ways Waters Watercourses Commons and Common of Pasture

Aldercars Trees Mounds Fences Liberties Priviledges Easements

Page 5

//

Profits Commodities Emoluments Advantages Hereditaments Rights

Members and Appurtences whatsoever to the said several

Messuages or Tenements and Farms Lands Hereditaments and

Premises or any of them respectively belonging or appertaining or

therewith or with any of them or any part or parts of them held

used occupied or enjoyed or accepted reputed deemed taken or

known a part parcel or member thereof or of any of them

respectively And the Reversion and Reversions Remainder and

Remainders thereof And all the Estate right Title and Interest of

them the said Lucy Crabb and John Carter respectively in to and out

of the same Premises and every part thereof To have

and to hold the said several Freehold Messuages Lands Tenements

Hereditaments and all and singular other the Premises hereby

granted and released or mentioned or intended so to be and

every part parcel thereof with their and every of their

Appurtenance unto the said Robert Baxter and Heirs

To the use of the said Robert Baxter and Heirs To the

Interest that he the said Robert Baxter or his Heirs may by Virtue

of these Presents be and become perfect Tenant or Tenants of the

Freehold of the same Messuages Land Hereditaments and Premises

hereby granted and released or mentioned and intended so to be

To the End that one or more good and perfect Common Recovery

or Common Recoveries maybe thereof had and suffered in such

manner as herein after mentioned for which purpose is hereby

declared and agreed by and between all the said Parties to these

Presents that it shall and may be lawful to and for the said

Stafford Squire Baxter or some other proper Person at the

Costs and Charges of the said John Carter to sue forth and or

prosecute out of his Majestys Court of Chancery one or more

Writ or Writs of Entry Sur Disseisin en le post returnable

before his Majestys Justices of Court of Common Pleas at

Westminster on some return within the next Michaelmas Term

 

Page 6

//

 

or in some other subsequent Term thereby demanding by apt and

convenient Names Quantities Qualities Number of Acres and other

descriptions and certainties the said Messuages Lands Hereditaments

and Premises against the said Robert Baxter or his Heirs to which

said Writ or Writs of Entry the said Robert Baxter or his Heirs

shall appear Gratis in his or their own proper Person or Persons

or by his or their Attorney or Attornies thereto lawfully authorized

and vouch over warranty the said Lucy Crabb and John Carter

who shall also appear gratis in their own proper Persons or by

their Attorney or Attornies thereto lawfully authorized and

enter into the Warranty and vouch over to warrant the common

Vouchee of the same Court who shall also appear and after

Imparlance shall make Default so as that Judgement shall and

may be thereupon given for the Demandant in such Writ or Writs

to recover the said Messuages Lands Hereditaments and Premises

against the said Robert Baxter or his Heirs and for him the

said Robert Baxter or Heirs to recover in Value against the

said Lucy Crabb and John Carter and for the said Lucy Crabb

and John Carter to recover in Value against the said Common

Vouchee and that Execution shall and maybe thereupon had and

awarded accordingly and all and every other Acts and Things

done and executed needful and requisite for the suffering and

perfecting such common Recovery or Recoveries after the manner and

according to the usual course of common recoveries with double

Voucher or Assurance of Lands in such cases And it is hereby

declared and agreed by and between all the said Parties to these

Presents that immediately from and after the suffering and perfecting

Thereof such common Recovery or Recoveries so as is aforesaid

or in any other manner or at any other Time or Times to be

suffered and all and every other common Recovery or common

Recoveries Fines Conveyances and Assurances in the Law

whatsoever heretofore had made levied suffered or

 

Page 7

 

//

 

executed or hereafter to be had made levied suffered or executed

the said Messuages Lands Hereditaments and Premises or any

part thereof by or between the said Parties to these Presents

or any of them or whereunto they or any of them are or shall

be Parties or Privies shall be and enure and shall be adjudged

deemed construed and taken and so are and were meant and

intended to be and enure and the Recoveror or Recoverors named

or to be named and his or their Heirs shall stand and be seized

thereof to the Uses following that is to say As to and concerning

all such part and so many of the Freehold Messuages Lands Tenements

and Hereditaments hereinbefore described as are situate lying and

being in Earl Stonham Otley Cretingham Swefling and Rendham

aforesaid To the Use of the said John Carter his Heirs and

Assigns for ever And as  to and concerning alll such part and

so many of the said Freehold Messuages LandsTenements

and Hereditaments herein before described as are situate

or being in Kesgrave Great Bealings Little Bealings Waldringfield

Helmly Newbourn and Martlesham aforesaid To  the Use Intent

and Purpose that the said John Carter his Heirs or Assigns may

yearly upon Michaelmas Day in every year during the Life of the

said Lucy Crabb have receive and take by and out of the Rents

Issues and Profits of the said last mentioned Premises one

Annuity clear yearly rent charge or annual Sum of twenty

Shillings of lawful Money of Great Britain free from all

deductions and beyond all Reprizes and subject as aforesaid

To the Use of the said Lucy Crabb and her Assigns during the

term of her Natural life (without Power of committing Waste

but with full Power to fell Timber for repairs and not

otherwise And from and after her decease To the Use

and Behoof of the said John Carter his Heirs and Assigns

for ever and to and for no other Use Intent or Purpose

whatsoever And the said Lucy Crabb and John Carter do

 

page 8

//

 

hereby for themselves respectively and for their several and

respective Heirs Executors and Administrators covenant with

the said Robert Baxter and his Heirs that they the said Lucy

Crabb and John Carter respectively or their respective Heirs shall

and will at the proper Cost and Charge of the said John Carter

his Heirs Executors and Administrators at or before the next

General or special Courts Baron to be holden for the said several

and respective Manors of Tuddenham in Kesgrave Overhall in

Otley Martlesham with Newbourn  and Waldringfield with

Hilton by such good and effectual Surrenders Customary

Recoveries or other Acts Deeds Ways and means as the several

and respective Customs of the said several and respective

Manors and the Tenure of the Premises shall require duly and

effectually convey limit and assure all and singular the

Customary and Copyhold Lands Tenements and Hereditaments

of them the said Lucy Crabb and John Carter or either of them

which are holden of the said manors or any of them and are

part and parcel of the Freehold Hereditaments hereby granted

and released or expressed so to be or of any of them or which

have been usually holden with the same or any of them To

such and the same uses and for such and the same Ends Intents

and purposes shares and proportions as are herein before declared

and expressed concerning the Freehold Messuages Lands Tenements

or other Hereditaments wherewith such Copyhold or Customary

Premises respectively have been usually holden or of which they

have been usually reputed or deemed part or parcel or as

nearly agreeable thereto as the Nature of the Tenure and the

rules of Law or Equity will admit And the said Lucy Crabb

doth hereby for herself her Heirs Executors and Administrators

covenant with the said John Carter his Heirs and Assigns

by these Presents in manner following that is to say that she

the said Lucy Crabb and her Assigns shall and will during

 

page 9

//

 

the Term of her Life uphold maintain and keep all and

singular the Houses and Building of or belonging to the

Premises hereinbefore limited to her for Life as aforesaid in

tenantable repair and Condition against Wind and Water and

shall not or will do permit or wilfully suffer to be done any

manner or Waste or spoil or upon the same Premises or any

part thereof And  the said John Carter doth hereby declare that

the said Lucy Crabb shall not be held or obliged to do any further

or other repairs or to keep the said last mentioned Premises

in any better state and Condition than is expressed in her

Covenant herein before contained in that behalf And each

of them the said Lucy Crabb and John Carter doth hereby for

himself and herself and for his and her Heirs Executors and

Administrators mutually and reciprocally covenant with the

other of them his and her Heirs and Assigns that they the said

Lucy Crabb and John Carter have not respectively at any Time

heretofore made done committed or wittingly suffered to be done

any Act Deed Matter of Thing whatsoever whereby or by

reason or means whereof the said Freehold and Copyhold

Messuages Lands Tenements and Hereditaments herein before

expressed to be hereby granted and released and covenanted to

be surrendered and assured respectively or any of them or any

part of them are is can shall or may be impreached charged

or incumbred in any wise howsoever And further that they

the said Lucy Crabb and John Carter respectively and their

respective Heirs and all other Persons claiming or to claim

by from thro’ or under them respectively shall and will at

any time or times hereafter at the Cost and charge of the

said John Carter his Heirs Executors Administrators or Assigns

do and execute or cause the procure to be done and

executed all such further and other Acts Deeds and Things

for the more effectual and absolute conveying and assuring

 

Page 10

//

 

all and singular the Premises expressed to be hereby granted

and released and covenanted to be surrendered and assured

respectively To the Uses and for the Intents and Purposes

herein before expressed concerning the same as by any Person

or Persons interested in that behalf or by his or their

Counsel learned in the Law shall be lawfully and

reasonably advised or required In Witness whereof the

said Parties to these Presents have hereunto set their

Hands and Seals the Day and Year first above written

 

Lucy  Crabb  Jno  Carter   Robt  Baxter  Staffd Squire  Baxter

 

Sealed and delivered by the within named Lucy Crabb

and John Carter (being first duty stampt)

In the Presence of us

Hen: Browne  Charles Moor

Sealed and delivered by the within named Robert Baxter

and Stafford Squire Baxter in the Presence of us John Dayrell Martin Phil. Peard

 

                                                                                         

                                                                                        

 

 

Outside

 

 

Dated 23^rd Day of Oct 1794                     Copy  of

Release to

Mrs Lucy Crabb                                        make a Tenant

So 2/4 Precipe

and                                                   for suffering

a Recy & Declg

Mr John Carter                                         the Uses –

thereof ——

to

 

Mr Robt Baxter