Enfranchisement 31 October 1881

Dated 31st October 1881 The Trustees of the Settled Estates of Sir W. M. Curtis Bart. to Mr. F Alderton ENFRANCHISEMENT of Copyhold Hereditments holden of the Manors of Tottenham Pembrokes Bruces Dawbines and Mockings in the County of Middlesex A Memorial registered 1881 B41 No. 564 This Indenture made the thirty first day of October One thousand eight hundred and eighty one Between John Locke Stratton of Turweston House Brackley in the County of Northampton Esquire and Charles William Curtis of Lombard Street in the City of London Esquire of the first part Sir William Michael Curtis of Caynham Court Ludlow in the County of Salop Baronet of the second part and Frederick Alderton of Brentwood in the County of Essex Gentleman of the third part Whereas by an indenture dated the twenty eighth day of June One thousand eight hundred and fifty five and expressed to be made between Sir William Curtis Baronet of the first part William Edmund Curtis (the eldest son and heir apparent of the said Sir William Curtis) of the second part the said John Locke Stratton and Charles William Curtis of the third part Alexander Curtis of the fourth part and Henry Barnett of the fifth part the Manors of Tottenham Pembrokes Bruces Dawbines and Mockings with the rights royalties members and appurtenances thereof situate and being in the County of Middlesex And all lands and hereditments formerly allotted or awarded in respect of the said Manors or otherwise were with the other manors or hereditments limited To such such uses upon such trusts and for such interests and purposes and subject to such powers and provisions and generally such manner as the said Sir William Curtis and William Edmund Curtis by any Deed or Deeds should at any time or from time to time direct limit or appoint and in default of and until and subject to such direction limitation or appointment To uses therein expressed which have been defeated by the hereinafter recited Indenture of the ninth day of February One thousand eight hundred and fifty nine or have determined And subject thereto To the use of the said Sir William Curtis and his assigns for his life without impeachment of waste With remainder in case Dame Georgina Maria Curtis his wife should survive him To the use that she should after his decease receive the yearly rent charge of One thousand three hundred pounds during her life for her jointure with such powers for the recovery thereof as therein expressed And subject thereto To the use of the said Henry Barnett his executors administrators and assigns for the term of Two hundred years upon trusts thereby declared for securing the same yearly rent charge And from or after the expiration or determination of the same term and in the meantime subject thereto and to the trusts thereof To the use of the said William Edmund Curtis and his assigns during his life with remainder To the use of the first son of the said William Edmund Curtis in tail male with remainders over. And it was by the said Indenture now in recital provided agreed and declared that it should be lawful for the said John Locke Stratton and Charles William Curtis and the survivor of them and the executors or administrators of such survivor with the consent of the said Sir William Curtis or other the person or persons who should for the time being be beneficially entitled under the Indenture now in recital to the first estate of freehold in the hereditments thereby settled (such consent to be signified by deed or writing) and if any such person or persons should be under the age of twenty one years then during his or their minority or respective minorities with the consent in writing of his or their Guardian or Guardians upon such price or consideration in money as they the said John Locke Stratton and Charles William Curtis or the survivor of them or the executors or administrators of such survivor should think reasonable being paid to them or him for the same by any Deed or Deeds to make any enfranchisement or enfranchisements of any Copyhold or Customary messuage or messuages lands or tenements within or holden of or parcel or reputed parcel of the Manors thereby settled and for that purpose by Deed to grant bargain sell or appoint unto or to the use of in trust for any person or persons whomsoever Copyhold or Customary tenant or tenants or holder or holders of land and the heirs of such person or persons or his or her or their Trustees or Trustee the freehold and inheritance of any messuage or messuages lands tenements or hereditments by any such person or persons reputed to be holden for any Copyhold or Customary estate or interest as part or parts of the said Manors or any part of them by any Copyhold or Customary tenure whatsoever and also such common of pasture common of herbary rights liberties and privileges in or upon all and every or any of them as the Customary tenant or tenants to whom such grant bargain sale or appointment grants sales or appointments should be so respectively made as aforesaid was or were entitled to for or in respect of or as appendant to his her or their Copyhold or Customary messuage or tenement messuages or tenements lands and hereditments immediately before the time of such enfranchisement thereof in such manner as that the person or persons to whom or for whose benefit such grants bargains sales or appointments should respectively be made and his her or their heirs and assigns might respectively hold and enjoy the said messuage or messuages lands tenements or hereditments which should be so enfranchised as aforesaid freed and discharged of and from all manner of yearly and other payments and quit rents chief rents fines heriots and all other such customary or copyhold payments duties services or customs whatsoever from thence forth to grow due or to be done or to be performed to the Lord of the said Manors or any part of them for or in respect of any of the said hereditments which should be so granted bargained sold or enfranchised as aforesaid save and except such rents fines or duties or alienation or other fines and yearly payments suit and service and other reservations as it might be judged expedient to reserve or to charge or make payable upon or in respect of the same And it was by the same Indenture now in recital declared that all and every the persons or person to whom or for whose benefit the said John Locke Stratton and Charles William Curtis or the survivor of them or the executors or administrators of such survivor should by virtue and in pursuance of the said Indenture now in recital make any such grant bargain and sale or appointment grants bargains and sales or appointments as aforesaid of any Copyhold or Customary messuage or messuages lands tenements or hereditments lying and being within or holden of the said Manors and the respective heirs or assigns of such person or persons should thereupon hold and enjoy all and singular the the messuages lands tenements and hereditments whereof the freehold and inheritance should be so granted bargained and sold or appointed as aforesaid freed and discharged of from and against all uses trusts estates charges powers provisions and limitations by the said Indenture now in recital created limited and expressed or declared of and concerning the said Manors or any of them But nevertheless with under and subject to such rents fines on death or alienation or other fines and yearly payments suit and service and other reservations (if any) as should be reserved or charged or made payable in and by the said deed or deeds whereby the premises should be so respectively enfranchised by virtue of the said Indenture now in recital and should also be entitled to have hold and enjoy all such common of pasture and all other common rights or privileges in or upon every or any of the commons or waste grounds parcel of the said respective Manors or any of them as the person or persons to whom such grant bargains and sale or appointment should be so respectively made as aforesaid was or were Entitled to for or in respect of or as appendant or appurtenant to his her or their customary messuages or tenement messuages or tenements lands or hereditments immediately before the the enfranchisement thereof And by the Indenture now in recital it was provided agreed and declared that the receipt of the said John Locke Stratton and Charles William Curtis or the survivor of them or the executors or administrators of such survivor should from time to time be a good and sufficient discharge for the price or consideration money to be paid for any such enfranchisement as aforesaid and the persons discharged of and from such moneys or so much thereof as in such receipt or receipts should be expressed or acknowledged to be received and and should not afterwards be answerable or accountable for any loss misapplication or non-application of such consideration money or any part thereof And whereas by an Indenture indorsed on the hereinbefore recited Indenture and dated the ninth day of February One thousand eight hundred and fifty nine and expressed to be made between the said Sir William Curtis of the first part the said William Edmund Curtis of the second part Ariana Emily Charleton the wife of George Burney Charleton Ariana Emily Master of the third part the said John Locke Stratton and Charles William Curtis of the fourth part the said Henry Barnett and Edward Frinder of the fifth part George William Gunning and Henry Pottinger of the sixth part and the said Alexander Kyd Curtis of the seventh part (being a Settlement made in consideration of the marriage then intended and shortly after solemnized between the said William Edmund Curtis and Ariana Emily Charleton) the said Sir William Curtis in exercise of the hereinbefore recited power to them by the hereinbefore recited Indenture limited as aforesaid appointed that the manors messuages lands tenements and hereditments comprised in and settled by the hereinbefore recited Indenture (except such as had been sold and disposed of but together with other hereditments in the Indenture now in recital mentioned or referred to with the appurtenances) should after the solemnization of the said then intended marriage to remain and To certain uses in the said Indenture now in recital expressed and which have all now ceased or determined except a yearly rent charge of Five hundred pounds thereby limited to the said Ariana Emily Charleton and her assigns if she should survive the said William Edmund Curtis during (in the event which has happened of her making of her marrying again) so much of her life as there should be Issue of the said then intended marriage living the same to be payable at such times and in such manner and to be attended with such powers of distress and entry for the recovery thereof as are therein mentioned and expressed and except a term of Two hundred years thereby limited to the said Henry Barnett and Edward Frinder their executors administrators or assigns upon trusts thereby declared for securing the payment of the said jointure rent charge And subject thereto To such uses upon and for such trusts intents and purposes with under and subject to such powers provisos agreements and declarations and generally in such manner in every respect as the said Sir Willliam Curtis and William Edmund Curtis should by any Deed or Deeds with or without power of revocation and new appointment from time to time or at any time direct limit or appoint And in default of and until and subject to any such direction limitation or appointment and to certain other uses thereby limited which have ceased and determined To the use of the said Sir William Curtis during his life without impeachment of waste with remainder To such of the uses upon and for such of the trusts intents and purposes and with under and subject to such of the powers provisos agreements and declarations in and by the hereinbefore recited Indenture declared and contained of and concerning the said manors messuages lands and hereditments comprised therein as were subsequent to the use or estate thereby limited to the said Sir William Curtis and his assigns during his life except the said trusts powers and provisos hereinbefore referred to as having been defeated by the Indenture now in recital to the intent that the uses trusts intents purposes powers provisos agreements and declarations incorporated in the Indenture now in recital by reference to the hereinbefore recited Indenture as aforesaid might be valid and effectual to all intents and purposes as if they were repeated in the Indenture now in recital except so far as such powers might be varied or controlled by a proviso thereinafter contained relating to powers to be exercisable by the said William Edmund Curtis on any subsequent marriage And whereas by a Deed Poll indorsed on the hereinbefore recited Indenture of the twenty eighth day of June One thousand eight hundred and fifty five and dated the sixteenth day of February One thousand eight hundred and sixty under the hands and seals of the said Sir William Curtis and William Edmund Curtis they in exercise of their hereinbefore recited power under the hereinbefore recited Indenture of Settlement of the ninth day of February One thousand eight hundred and fifty nine evoked the use theretobefore limited to the first son of the said William Edmund Curtis in tail male as hereinbefore is mentioned and appointed that subject and without prejudice to the said power and to the uses and estates if any which should be thereafter limited in exercise thereof and also subject to the limitations and uses and estates in the said Indenture of the ninth day of February One thousand eight hundred and fifty nine expressly or by reference preceding the use thereinbefore revoked and to the powers provisos agreements and declarations relating to such preceding limitations uses or estates the said manors messuages lands tenements lands tenements hereditments comprised in and settled by the said Indenture of the ninth day of February One thousand Eight hundred and fifty nine with the appurtenances should after the death of the said William Edward Curtis and the said Sir William Michael Curtis (party hereto) then William Michael Curtis the then lately born first Son of the said William Edmund Curtis at any time or from time to time after the decease of the said William Edmund Curtis and after the said Sir William Michael Curtis should have attained the age of twenty one years should by any Deed or Deeds direct limit limit or appoint And in default of and until and subject to such direction limitation or appointment To the use of the said Sir William Michael Curtis and his assigns during his life without impeachment of waste With remainder To the use of the first and other sons of the said Sir William Michael Curtis successively according to their seniorities in tail male with remainder To such of the uses upon and for such of the trusts intents and purposes and with under and subject to such of the powers provisos agreements and declarations in and by the hereinbefore recited Indenture of the twenty eighth day of June One thousand eight hundred and fifty five declared and contained of and concerning the manors and hereditments comprised therein as were subsequent to the use thereinbefore revoked except the said trusts powers and provisos which were excepted in the hereinbefore recited Indenture of the ninth day February One thousand eight hundred and fifty nine And it was by the said Deed Poll now in recital provided and the said Sir William Curtis and William Edmund Curtis thereby further directed limited and appointed That subject and without prejudice as aforesaid all powers privileges and authorities by the hereinbefore recited Indenture of the twenty eighth day of June One thousand eight hundred and fifty five given or reserved to any Trustees or Trustee during the minority of the person for the time being entitled to the first estate of freehold in the manors and hereditments thereby settled or to the Guardians or Guardian of such person should be exercisable by such Trustees or Trustee with reference to the said settled premises during the minority of the said Sir William Michael Curtis or by his Guardians or Guardian as the case might be and that the said Sir William Curtis and William Edmund Curtis be competent to consent to any act or thing for the doing whereof the consent of the person or persons for the time being beneficially entitled to the freehold of the settled premises should or might be requisite And whereas the said William Edmund Curtis died on the eleventh day of May One thousand eight hundred and sixty leaving Issue by the said Ariana Emily Charleton and Sir William Michael Curtis their child And whereas the said Ariana Emily Charleton (then Ariana Emily Curtis Widow) intermarried with the said George Burney Charleton on the twenty fifth day of June one thousand and sixty eight And whereas the said Sir William Curtis died on the seventh day of November One thousand eight hundred and seventy And whereas by an Indenture dated the eleventh day of October One thousand eight hundred and seventy one indorsed on the hereinbefore recited Indenture of the twenty eighth day of June One thousand eight hundred and fifty five and expressed to be made between the said Ariana Emily Charleton and George Burney Charleton of the one part and the said John Locke Stratton and Charles William Curtis of the other part and acknowledged by the said Ariana Emily Charleton the said Ariana Emily Charleton with the concurrence of the said George Burney Charleton testified by his being a party to and executing the said Indenture declared and disposed that the said power of enfranchisement in the sad Indenture of the twenty eighth day of June One thousand eight hundred and fifty five contained should henceforth be be exercisable and exercised and take effect in the same manner and as fully and effectually as if the aforesaid yearly rent charge of Five hundred pounds and term of Two hundred years limited by the hereinbefore recited Indenture of the ninth day of February One thousand eight hundred and fifty nine had been limited by the said Indenture of the twenty eighth day June One thousand eight hundred and fifty five and were originally subject to be over reached by by the exercise of the said power of enfranchisement And whereas the said Sir William Michael Curtis attained the age of twenty one years on the eleventh day of November One thousand eight hundred and eighty And whereas the said Frederick Alderton was out of Court on the thirteenth day of April One thousand eight hundred and eighty one admitted tenant of the messuages or tenements cottage barns stables outbuildings pieces or parcels of land and hereditments hereinafter described and intended to be hereby enfranchised To hold to him and his heirs at the will of the Lord according to the custom of the said manors of Tottenham Pembroke Bruces Dawbines and Mockings And whereas the said John Locke Stratton and Charles William Curtis in exercise of the hereinbefore recited power for this purpose by the hereinbefore recited Indenture of the twenty eighth day of June One thousand eight hundred and fifty five and by reference thereunto as aforesaid reposed in them as aforesaid (with the consent of the said Sir William Michael Curtis signified by this Deed or writing under his hand and seal) lately agreed with the said Frederick Alderton to enfranchise the said messuages or tenements cottage barns stables outbuildings pieces or parcels of land and hereditments hereinafter described and intended to be hereby enfranchised with such rights privileges and appurtenances as hereinafter mentioned for the sum of One thousand one hundred and seventy eight pounds being such price and consideration as the said John Locke Stratton and Charles William Curtis think reasonable Now this Indenture witnesseth that in pursuance of the said agreement in this behalf and in consideration of the sum of ONE THOUSAND ONE HUNDRED AND SEVENTY EIGHT POUNDS by the said Frederick Alderton to the said John Locke Stratton and Charles William Curtis paid upon the execution of these presents (the receipts of which of sum of One thousand one hundred and seventy eight pounds they the said John Locke Stratton and Charles William Curtis hereby acknowledge) THEY the said John Locke Stratton and Charles William Curtis pursuant to and by force and virtue and in exercise and purpose given as aforesaid and of every other power or authority in anywise enabling them in this behalf and with the consent of the said Sir William Michael Curtis (signified by this Deed or writing under his hand and seal) Do by these presents ABSOLUTELY REVOKE all the estates uses trusts powers and provisos which under or by virtue of or by reference to the hereinbefore recited Indenture of the twenty eighth day of June One thousand eight hundred and fifty five are now subsiding or capable of taking effect in the freehold and inheritance of the tenements and hereditments hereinafter expressed to be hereby enfranchised and of the commonage and commons rights liberties and privileges appurtenant thereto and Do by these same presents grant bargain sell and appoint All that customary messuage and tenement with the barns stables outbuildings appurtenances thereunto belonging situate at Clay Hill in the Manors aforesaid together with the several pieces or parcels of land thereunto belonging containing together by estimation Twenty five acres and nineteen poles formerly in the occupation of William Heath and now of Robert Rowley Chapman AND ALSO that cottage with the garden and appurtenances thereunto belonging formerly in the tenure or occupation of Samuel Richards and now of James Sadler which said cottage adjoins the said messuage or tenement lands or premises situate at Clay Hill aforesaid AND ALSO ALL THAT customary messuage or tenement with barns stables outbuildings and appurtenances thereunto belonging situate at Clay Hill within the said Manors together with the two pieces or parcels of and formerly three pieces thereto belonging and nearly adjoining containing by estimation Ten acres three roods and eighteen perches as the same were formerly in the tenure or occupation of John Thompson and now of the said Robert Rowley Chapman with the exception of a small paddock part thereof containing by admeasurement Three Roods and thirty one poles in the occupation of the said James Sadler and the freehold and inheritance of the said Frederick Alderton was on the thirteenth day of of April One thousand eight hundred and eighty one admitted as tenant according to the custom of the said Manors as aforesaid Together with all mines minerals buildings fixtures lights commons fences ways waters watercourses easements and appurtenances whatsoever to the said hereditments or any of them appertaining or with the same or any of them now or heretobefore enjoyed or reputed as part thereof or appurtenant thereto the same premises immediately before this present enfranchisement UNTO AND TO THE USE of the said Frederick Alderton his heirs and assigns For ever In such manner as that the said Frederick Alderton his heirs and assigns shall and may hold and enjoy the said tenements and hereditments hereinbefore expressed to be hereby enfranchised and the freehold and inheritance thereof as freehold Together with all such common of pasture common of herbary rights liberties and privileges as aforesaid Freed and discharged of and from the Copyhold tenure thereof and all manner of yearly and other payments and quit rents fines heriots and all other usual or customary or copyhold payments duties services or customs whatsoever to grow due or to be done or performed to the Lord of the said Manors Tottenham Pembrokes Bruces Dawbines and Mockings for or in respect of the said premises or any part thereof And each of them the said John Locke Stratton and Charles William Curtis so far as relates to his own acts and deeds doth hereby for himself his heirs executors and administrators Covenant with the said Frederick Alderton his heirs and assigns That the said John Locke Stratton and Charles William Curtis respectively have not done or knowingly suffered or been party or privy to anything whereby the said premises hereinbefore expressed to be hereby enfranchised or any part thereof are is or may impeached affected or incumbered in title estate or otherwise howsoever or whereby they the said John Locke Stratton and Charles William Curtis respectively are in anywise hindered from enfranchising granting bargaining selling appointing the same premises or any part thereof in manner aforesaid And the said Sir William Michael Curtis doth hereby for himself his heirs executors and administrators Covenant with the said Frederick Alderton his heirs and assigns that notwithstanding anything by him the said Sir William Michael Curtis or by the said Sir William Curtis or William Edward Curtis done omitted or knowingly suffered he the said Sir William Michael Curtis now hath power to give such consent as aforesaid and they the said John Locke Stratton and Charles William Curtis now have full power to enfranchise grant bargain sell and appoint all and singular the said premises hereinbefore expressed to be hereby enfranchised granted bargained and sold and appointed to the use of the said Frederick Alderton his heirs and assigns in manner aforesaid And that the same premises shall at all times remain and be to the use of the said Frederick Alderton his heirs and assigns and be quietly entered into and upon and held and enjoyed and the rents and profits thereof received by the said Frederick Alderton his heirs and assigns accordingly without any lawful interruption or disturbance by him the said Sir William Michael Curtis or his heirs or any person lawfully or equitably claiming through or in trust for him them or any of them or through or in trust form the said Sir William Curtis or William Edmund Curtis And that free and discharged from or otherwise by him the said Sir William Michael Curtis his heirs executors or administrators sufficiently indemnified against all estates incumbrances claims and demands created occasioned or made by the said Sir William Michael Curtis or his heirs or the said Sir William Curtis or William Edmund Curtis or any person lawfully or equitably claiming through or in trust for him them or any of them And further that he the said Sir William Michael Curtis and his heirs and every person having of lawfully or equitably claiming any estate right title or interest in or to the said premises or any of them through or in trust for him the said Sir William Michael Curtis or his heirs or through or in trust for the said Sir William Curtis or William Edmund Curtis will at all times at the cost of the said Frederick Alderton his heirs or assigns execute and do every such lawful assurance and thing for the further or more perfectly enfranchising and assuring all or any of the said premises to the use of the said Frederick Alderton his heirs or assigns in manner aforesaid as by him or them shall be reasonably required Provided always that as respects the remainder or reversion expectant on the life estate of the said Sir William Michael Curtis in the said premises and the title to and further assurance of the said premises after his decease his covenants hereinbefore contained shall not extend to the acts deeds or defaults of any person or persons other than or besides himself and his own heirs and persons claiming or to claim through or in trust for him or them respectively And the said Sir William Michael Curtis so far as relates to the acts of himself and his own assigns heirs executors and administrators alone and so as to bind himself and themselves only while having the actual custody of the Deeds and Muniments of Title and Court Rolls hereby covenanted to be produced but as far as practicable to bind such Deeds Muniments and Court Rolls into whosoever hands the same may come doth hereby covenant with the said Frederick Alderton his heirs and assigns that unless prevented from doing so by fire or other accident he the said Sir William Michael Curtis or his assigns or the other the person or persons for the time being entitled to the custody of the hereinbefore recited Indenture of the twenty eighth day of June One thousand eight hundred and fifty five and an Indenture therein recited of the twenty seventh day of April One thousand eight hundred and fifty five and of the herein recited Indentures and Deed Poll of the ninth day of February One thousand eight hundred and fifty nine the sixteenth day of February One thousand eight hundred and sixty and the eleventh day of October One thousand eight hundred and seventy and other Muniments of Title relating to the said Manors and premises and of the Court Rolls of the said Manor relating to the said premises hereinbefore expressed to be hereby enfranchised will upon every reasonable request in writing by the said Frederick Alderton his heirs or assigns or any person or persons lawfully or equitably claiming any estate right title or interest in or to the said premises hereinbefore expressed to be hereby enfranchised or any part thereof at the cost of the person or persons requiring the same produce and shew to him them or any of them or to such person or persons as he or they shall require or at any Trial Hearing or Examination in any Court of Law or other Judicature or in the execution of any Commission or elsewhere as occasion shall require all or any of the said Indentures and Deed Poll of the twenty eighth day of June One thousand eight hundred and fifty five the twenty seventh day of April One thousand eight hundred and fifty five the ninth day of February One thousand eight hundred and fifty nine the sixteenth day of February One thousand eight hundred and sixty and the eleventh day of October One thousand eight hundred and seventy one and other such Muniments of Title as aforesaid and every or any of the said Court Rolls for the manifestation defence and support of the estate title and possession of the said Frederick Alderton his heirs and assigns and every or any such other person as aforesaid And will at all times at the cost of the said Frederick Alderton his heirs or assigns or any such other person as aforesaid make and furnish to him or them such true copies attested or unattested of or abstracts or extracts from all or any of the same Indentures or Deed Poll and Muniments of Title and Court Rolls as he or they may require or permit such or any other copies or abstracts or extracts to be examined or compared with the originals by any person or persons whom he or they may appoint and in the meantime keep the same Indentures and Deed Poll and Muniments and Court Rolls safe whole uncancelled and undefaced In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written John L Stratton C W Curtis William Michael Curtis  Signed Sealed and Delivered by the within named John Locke Stratton in the presence of not deciphered Brackley Signed sealed and delivered by the within named Charles William Curtis in the presence of  John Hordon Clerk to John Dingwall  8 Tokenhouse Yard EC  Signed sealed and delivered by the within named Sir William Michael Curtis in the presence of  H F Leonard Wickham Court Kent Gent  Received the day and year first within written of and from the within named Frederick Alderton the sum of One thousand one hundred and seventy eight £1,178 pounds being the consideration money within expressed to be paid by him to us Witness to the signature of  John L Stratton John Locke Stratton not deciphered  W Curtis Witness to the signature of  Charles William Curtis John Hordon