Document marked A -
10 and 11 Feb. 1736: Indentures of lease and release, the release between (i) Thomas Richardson of Shoreham maltster and Joan his wife, Robert Richardson of Crayford, Kent, yeoman and Alice his wife and John Richardson of Shoreham maltster and Mary his wife, which said Thomas, Robert and John were the three only sons and coheirs in Gavelkind of George Richardson late of Neck in Shoreham yeoman deceased by Susanna his late wife and (ii) William Waring of Shoreham surgeon.
Thomas, Robert and John for £140 paid to each of them demised to William
Waring: All that messuage farm or tenement in or near Romney Street in the parish
of Shoreham, and also those several closes of land commonly called West Field,
Little Croft, Long Croft, Layton Broom, Broome Grove and Grass Yard Land containing
by estimation 23 acres in or near Romney Street in Shoreham, and formerly in
the occupation of John Gransdon afterwards in the occupation of the said George
Richardson and then in that of Robert Broomfield:
and also several pieces of land and woodland containing by estimation 22 acres at or near Romney Street, bounding to part of the aforementioned premises towards the east, to the lands theretofore of David Dennis and then or late of Richard Waring gentleman towards the north and to the lands theretofore of Thomas Tileman and then of John Codd towards the south and west:
and also all that Green Lane called Edlands Hill otherwise Larkes Hill leading from Romney street to Shoreham Road and adjoining to lands theretofore of Sir T. North and then of Bowles towards the east, in Shoreham, all of which were in the occupation of John Small, after of the said George Richardson and then in that of the said Robert Broomfield, together with all barns, stables, buildings etc. and all appurtenances whatsoever:
to hold to the said William Waring, his heirs and assigns, and the said Thomas, Robert and John Richardson covenant that they would levy to William Waring and his heirs a fine of the said premises by the name of one Messuage, one barn and Stable, one Garden, two Orchards, 30 acres of land, 4 acres of Meadow, 10 acres of pasture and 8 acres of wood with the appurtenances in Shoreham.
Usual Covenants for quiet possession etc. Executed by all parties except Waring duly attested and receipts for consideration monies.
Document marked B –
Hilary Term 10 George II – Indenture of Fine as covenanted in A.
Documents marked C and D –
19 and 20 March 1738: Indentures of Lease and Release between (i) Richard Waring
the elder of Shoreham gentleman and Catherine his wife, Sampson Waring of Cirencester,
Gloucestershire, yeoman, Richard Waring the younger of Colebrook, Middlesex,
yeoman, William Waring of Strood, Kent, surgeon, Edward Waring of Mayfield,
Sussex, bookseller, Thomas Waring of Shoreham surgeon, Cecil Waring of London,
tallow chandler, Walter Waring of Croydon, Surrey, surgeon and John Waring of
London, baker, which Sampson, Richard, William, Edward, Thomas, Cecil, Walter
and John are the only sons then living of the body of the said Catherine by
the said Richard Waring; and (ii) Richard Hammond of Woolwich, Kent, mealman,
and Matthew Spray of St. Nicholas, Deptford, bricklayer.
In consideration of £120 paid to Richard Waring the elder by the said William Waring and of a yearly sum of £10 to be paid out of the premises for the separate use of Catherine Waring for 11 years commencing at Lady Day next, and of £300 agreed to be secured by the said William Waring for the separate use of the said Catherine Waring with the privity of the said Richard Waring the elder upon a Mortgage to be made by William Waring of the said premises for 500 years, and also in consideration of £100 apiece paid by William Waring to the said Sampson, Richard the younger, Edward, Thomas, Cecil, Walter and John Waring, sums together with £100 retained by William Waring in respect of his right in the said hereditaments were declared by all parties to be the full consideration for the absolute purchase by William Waring of the fee simple of the property:
And also in consideration of five shillings apiece paid to the said Richard Waring the elder, Catherine Waring, Sampson, Richard the younger, William, Edward, Thomas, Cecil, Walter and John Waring by the said Richard Hammond and Matthew Spray, the said Richard Waring the elder etc. conveyed to Richard Hammond and Matthew Spray and their heirs and assigns –
All that messuage or tenement with the barns etc. and a cottage therewith let with the outhouses etc. and several pieces of land belonging called Cocklands, Cocklands garden, Cocklands croft, the Back Croft, Cocklands Spring, Greenhill, Greenhill Slip Garden, Westfield, Wakeham otherwise Dean, the Great Slipp, Little Slipp, Homefield Croft, Homefield, Little Homefield, The Lay Piece, the Goss, the Great Spring, the Meadow, Little Westfield, Whitelands alias White Lawns and the Backsa alias Baysa containing in all by estimation 115 acres, in or near Romney Street, Shoreham, then or late in the occupation of William Smale and Thomas Pitman but then or late [sic] in the occupation of Thomas Smith and ---- Wiffen:
also another cottage, buildings and land etc. at Romney Street, then or late in the occupation of Robert Bromefield and then in that of Thomas Bromefield, but then empty:
together with all barns, stables etc.
To hold the premises unto the said Richard Hammond and Matthew Spray, their heirs and assigns, upon the uses and trusts declared, that is to say To the use of the said Richard and Matthew their executors etc. for a term of 15 years and then to the use of William Waring and his heirs for ever.
Covenant by the said Richard Waring etc. to levy a Fine in Hilary Term next to Richard Hammond and Matthew Spray of all the said premises.
Declaration that the use and estate so limited for 15 years was upon these Trusts –
That Richard Hammond and Matthew Spray should out of the rents and profits of the premises raise yearly during 11 years of the term commencing from Lady Day next a sum of £10 and pay it by equal portions on Lady Day and Michaelmas to Catherine Waring for her separate use and disposal :
and upon Trust that any overplus arising from the rent, the said yearly sum of £10 and the charge for managing the said property should be paid to William Waring during the term of 15 years.
Proviso that if William Waring himself pay the £10 annuity then he should receive the whole rent less the expenses.
Executed by all parties except Hammond and Spray.
Document marked E –
Easter Term 12 George II, 1739: Fine between Richard Hammond and Matthew Spray Plaintiffs and Richard Waring and Catherine his wife, Sampson Waring, Richard Waring the younger, William Waring, Edward Waring, Thomas Waring, Cecil Waring, Walter Waring and John Waring, Deforciants, of one messuage, two cottages, one barn, one stable, three curtilages, three gardens, three orchards, 80 acres of land, 5 acres of meadow, twenty acres of pasture and twenty acres of wood in Shoreham.
Document marked F –
Indenture tripartite dated 21 March 1738 being a Mortgage, between (i) the
said William Waring and Margaret his wife (ii) the said Richard Waring the elder
and Catherine his wife, father and mother of the said William Waring and (iii)
Richard Wall of St. Margaret Rochester gentleman and Edward Wall of Orpington,
For securing £300 with interest at 4 percent for the separate use of Catherine Waring to be charged on the premises [mentioned in document D] in consideration of 10s. paid to William Waring by Richard Waring and Edward Wall, William (with the consent of Richard and Catherine) granted to the said Richard and Edward Wall all the said premises to hold for a term of 500 years at a peppercorn rent upon Trusts hereafter mentioned.
Covenant by William and Margaret Waring to levy a Fine of the premises which it was agreed should enure to these uses –
To the use of Richard and Edward Wall their administrators and assigns for 500 years upon the Trusts mentioned and at the expiration of the term to revert to William Waring, his heirs and assigns for ever.
Declaration that Richard and Edward Wall shall raise £300 upon Trust, that is to say –
“As touching and concerning £100 part of the said £300 and the interest for the said sum of £100 to pay the interest thereof only during the life of the said Richard Waring as the same should be received and until the said £100 should be disposed of by the said Catherine Waring as thereinafter mentioned unto the proper hands of the said Catherine Waring for her separate use or unto such person or persons only and for such uses and purposes only as the said Catherine Waring by any writing signed by her should appoint or otherwise suffer such interest of the said £100 to be received by the said Catherine Waring or by such persons as she should direct And upon trust in case the said Catherine Waring should survive the said Richard Waring her husband to pay the said principal sum of £100 unto such person in such manner at such time after the death of the said Richard Waring as aforesaid as the said Catherine should by any writing signed by her as therein mentioned at any time in her life time after the death of the said Richard Waring her husband direct or appoint And in case the said Catherine should depart this life in the life time of the said Richard Waring her said husband then That they the said Trustees should immediately after the death of the said Catherine pay the said £100 and the interest which should then be due thereon to such person or persons in such parts and in such manner as the said Catherine Waring should by any deed will or writing purporting to be her Will by her signed as therein mentioned give or devise.”
For want of such disposition the £100 and interest shall be distributed equally among her children then living.
As to the residue of £200, the interest of that is to be paid to Catherine Waring for her separate use or to her nominees. Immediately on her death the £200 and interest is to be paid to Mary, Rebecca, Jane and Dorothy, four of her daughters, equally divided [further provisions, not taken].
If the said four daughters should all die unmarried within Catherine’s lifetime, then the £200 is to be divided equally among the children of Richard Waring the younger, of Sarah then the wife of Richard Stover of the city of Rochester tailor and the children of Ann Waring spinster and of the sons and two of the daughters of the said Richard Waring and Catherine his wife as should be living at the death of Catherine Waring, and also of the said Ann Waring if she should marry in Catherine’s lifetime and have issue of such marriage then living.
If there should be no such children then after Catherine’s death the whole £200 and interest is to be divided equally among all her surviving children.
[further lengthy provisions, details not taken].
Document marked G –
Michaelmas Term 13 George II: Fine between Richard Wall, Edward Wall and Thomas Reeve Plaintiffs and William Waring and Margaret his wife Deforciants of Two messuages, three cottages, two barns, two stables, four curtilages, four gardens, five orchards, one hundred and twenty acres of land, ten acres of meadow, thirty acres of pasture and forty acres of wood in Shoreham.
Document marked H, endorsed on F –
28 August 1752: Deed Poll under the hand and seal of the said Richard Wall,
reciting that the said Richard Waring some time since the execution of the last
abstracted Indenture [i.e. F] and the said Catherine Waring who survived him
was also lately dead, and that James Kilner of Lexden, Essex, Clerk, Thomas
Reeve of London, Doctor in Physic, Samuel Atkinson of Croydon, Surrey, Esquire
and John Powell then late of Cheapside, London, hosier, being nominated trustees
of the said William Waring and Margaret his wife in a certain Indenture of 23
March 1738 had out of their Trust money remaining in their hands advanced to
the said Richard Wall, the surviving Trustee in the last abstracted Indenture
named the sum of £300 in fair discharge and satisfaction of the £300
mentioned, which was to be by him applied to the several uses specified. Now
Richard Wall in consideration of £300 paid to him releases and discharges
all the said premises mentioned in the last abstracted Indenture of Mortgage,
and declares that the term of 500 years is determined.
Note in margin – “An informal surrender of the term, but as it was never assigned to attend the Inheritance, we think a ..?.. may be now safely presumed. B.P.U. and J.]
Documents marked I and J –
22 and 23 March 1738 – Indentures of lease and release between (i) William
Waring and Margaret his wife and (ii) James Kilner, Thomas Reeve, Samuel Atkinson
and John Powell, Trustees of the said William and Margaret. In consideration
of £750 paid to William Waring by the said Trustees out of Trust money
in their hands, William granted to the said Trustees, their heirs and assigns
all the premises mentioned in the abstracted Indentures of 19 and 20 March 1738
and also all that messuage form or tenement at Romney Street, Shoreham, and
several closes called Westfield, Little Croft, Long Croft, Layton broom, Broomgrove
and Grassyard Lane, containing together by estimation 23 acres, in or near Romney
Street, formerly in the occupation of John Gransden, afterwards of George Richardson
and then in that of Robert Broomfield: also several parcels of land arable and
woodland containing by estimation 22 acres at or near Romney street, bounding
to part of the last mentioned premises towards the east, to the lands theretofore
of David Denis and then late of Richard Waring gentleman but then of the said
William Waring towards the north and to the lands theretofore of Thomas Tileman
and then of Jno. Codd towards the south and west: also all that Green Lane called
Edlands Hill otherwise Larkshill leading from Romney Street to Shoreham road
and adjoining to lands theretofore of Sir. Thos. North and then or late of -----
Bewley [?] towards the east, in Shoreham, all of which were formerly in the
tenure of Jno. Smale, afterwards of George Richardson and then in that of Robert
to hold to the use of the said Trustees, their heirs and assigns for ever, subject to a proviso for the redemption of the said premises on payment of the said £750 and interest at the times and in manner therein mentioned [a later note adds “Usual Mortgage Covenants.” Further provisions, not taken]
Document marked K, endorsed on J –
28 August 1752: Deed Poll reciting that the Trustees with the consent of William
and Margaret Waring had paid Richard Wall £300 which had been secured
by an Indenture of Mortgage for a term of 500 years dated 21 March 1738, and
that this was the remainder of the trust money in the hands of the Trustees.
The said premises were agreed to stand charged with the said £300 as well
as the said £750.
William Waring with the consent of his wife for the better securing the repayment of the £300 and interest covenants that the premises should be subject to security for payment of the further sum of £300 and interest.
Document marked L –
24 April 1762: by Will of this date attested to pass real estate the said William
Waring after reciting that he did by deed of Settlement upon his marriage settle
and assign £1040 [altered from £1050] upon every such child or children
as he should have by his wife, to be equally divided between them after the
death of the mother and himself, and taking notice that he had two children
by his said wife, viz Charles and Catherine, and that he had since their births
purchased a freehold estate in Shoreham, and the Trustees named in the settlement
did with the consent of his wife advance the said £1040 [altered from
£1050] towards the purchase of the said Estate, it being afterwards made
chargeable with the payment of the £1040 to the said children:
he bequeathed also 4 cottages and several messuages or tenements with the yards, gardens etc. belonging in Romney Street, Shoreham, to his son Charles and his daughter Catherine Waring during the term of natural lives or the life of the longer liver of them, and after the death of the survivor to the child or children of the said Charles and Catherine to be divided equally between them. If there were no such children then the premises were to go to his brother John Waring and his sister Dorothy Waring and their heirs.
After bequeathing to his brother £10 he bequeathed to his said children Charles and Catherine Waring all the residue of his Estate both real and personal. He appointed his brother John Waring and his daughter Executor and Executrix.
The will was proved in the Prerogative Court of Canterbury on 2 October 1762.
Document marked M with P endorsed on it -
22 January 1771: Indenture between (i) John James of Barnet, Middlesex, perukemaker
and Catherine his wife late Catherine Waring spinster and (ii) Peter Calvert
of Red Cross Street London Esq.
Reciting an Indenture of 1 June 1727 being a Settlement made on the marriage of William Waring and Margaret his wife, one of the daughters of Hamden Reeve, whereby the share of the said Margaret Reeve in certain leasehold premises were assigned unto the said James Kilner, T. Reeves --- Atkinson and Jno. Powell upon certain Trusts, and power was given to the Trustees to sell such shares and reciting that the Trustees with the consent of William Waring and his wife sold the shares, and the money arising from such sale with the money received by the Trustees for certain debts comprised in the said Settlement amounted to £1050:
and reciting the loan by them to William Waring of £750, part of the Trust money and the Indentures of 22/23 March 1738, and reciting the loan by them of the further sum of £300 to William Waring and the Deed Poll of 27 August 1752, the death of William Waring in 1762 and his will, the death of Margaret his wife in November 1769 leaving Charles and Catherine Waring, then the wife of Jno. James her only issue by the said William Waring and they had both attained 21:
reciting that John James and Catherine his wife were entitled to one moiety of the sum of £1050 secured as aforesaid, and that they having occasion of £200 had applied to Peter Calvert to lend them the same, which he had agreed to do on the security thereinafter mentioned.
It is witnessed that John and Catherine James granted to Peter Calvert his executors etc. all that moiety being the sum of £525 to which Catherine was entitled in the sum of £1050 secured by the messuages etc. comprised in the Indentures of 22/23 March 1738, to hold to Peter Calvert and his heirs for ever. Proviso for making void the same on payment of the sum of £200 with interest – usual Mortgage Covenants.
Document marked N, with O endorsed –
18 June 1783 – Indenture between (i) Thomas Waring of Shoreham, gentleman, Administrator with the Will annexed of Charles Waring late Midshipman of HMS Shrewsbury and Administrator of Cecil Waring of Shoreham, Gentleman, his late brother, and one of the Executors and sole residuary legatee named in the Will of Ann Waring of Shoreham spinster, his late sister (ii) Catherine Powell of Shoreham, widow, late Catherine Waring spinster, Richard Waring of Colnbrook, Bucks. Gentleman, Edward Waring of Shoreham, Gentleman, Elizabeth Smith of Rochester, widow, late Elizabeth Waring spinster, Walter Waring of St. Paul’s Covent Garden, Middlesex, Gentleman, Rebecca Waring of St. Clement Danes, Middlesex, spinster, the Rev. Benjamin Waterhouse of Maidstone, Clerk and Jane his wife late Jane Waring spinster, Dorothy Waring of Shoreham spinster, being the other surviving brothers and sisters of the said Cecil Waring, Jonathan Lees of Newbury, Berks., Gentleman and Catherine his wife late Catherine Strover spinster, Jane Strover of Newbury spinster, which said Catherine and Jane were the only surviving children of Sarah Strover late Sarah Waring, another of the sisters of Cecil Waring, Catherine Cooley of St. Paul’s Covent Garden, spinster, daughter of Mary Cooley deceased late Mary Waring, another of the sisters of Cecil Waring, Samuel Waring of the City of Chester, baker, the Rev. William Waring of Parsons Green, Middlesex, Clerk and Sampson Waring of St. Mildred in the Poultry, London, stationer, which said Sampson, William and Samuel were the only surviving children of John Waring gentleman deceased, another of the brothers of Cecil Waring (iii) Catherine James of Barnet, Herts., widow, late Catherine Waring, the only surviving child of the said William Waring deceased, another of the brothers of Cecil Waring and (iv) the Rev. John Till of Hayes, Kent, Clerk.
Reciting the Marriage Settlement of 1 June 1727 as in the abstracted Indenture of 22 January 1771 and the Release of 23 March 1738, the Deed Poll thereon, etc. Further reciting that the said Margaret Waring died some time in November 1769 leaving the said Charles Waring and Catherine James her only issue by William Waring, who were both aged 21 and above before her death, and thereupon became entitled in equal shares to the £1050, which then remained unpaid. Charles Waring died some time in 1775 leaving no issue. In his Will he left all his estate to Cecil Waring, and his will had been proved and administration granted to the said Thomas Waring.
Cecil Waring died intestate soon after Charles Waring having left neither widow nor children, and administration of his estate was granted to the said Thomas Waring. Upon Cecil’s death the several parties of the first, second and third part together with Ann Waring, since deceased, another of the sisters of Cecil Waring, and Richard Cooley late of White Chapel, Middlesex, watchmaker if then living (which Richard if then living and the said Catherine Cooley were the only surviving children of Mary Cooley deceased, late Mary Waring, another of the sisters of Cecil Waring, “became entitled under the statute of distribution of Intestates estates in different shares and proportions according to their respective and different degrees to the whole personal Estate of the said Cecil Waring and amongst other property to one moiety of the said sum of £1050 secured as aforesaid being £525 which passed to the said Cecil Waring by and under the Will of the said Charles Waring late Brother of the said Catherine James as aforesaid and all interest due and to become due upon the same.”
Also reciting that Ann Waring died some time in 1782 and by her will she appointed Thomas Waring as one of her Executors, and after some other bequests she left all residue of her estate to the said Thomas, who thereby became entitled to her share in the personal estate of Cecil Waring.
Reciting that the Estate on which the £1050 was secured by way of Mortgage was “but a scanty security for the said sum and the Interest then due thereon and being settled in the manner above mentioned by the last Will of the said William Waring above recited it might be difficult to raise the money by a transfer of the said security and the Estate could not be sold for that purpose without a decree of a Court of Equity the expenses whereof would greatly exhaust the Fund and lessen the share of the parties and much time would be spent therein before the money could be received and the balance remaining after the payment of all charges could be ascertained and in consideration thereof and of their regard and affection to their Kinswoman the said Catherine James whose welfare they were desirous of promoting the said parties thereinbefore named as parties to the now reciting Indentures of the 1st. and 2nd. parts Did propose to the said Catherine James that if she would pay or cause to be paid to them the several sums thereinafter expressed t be paid to them ….they would accept the same as the full payment and satisfaction of their several and respective shares in the said moiety of the sum of £1050…” –
The said Thomas Waring £75, Catherine Powell 1d., Richard Waring £23, Edward Waring £23, Elizabeth Smith £14, Walter Waring £23, Rebecca Waring 1d., Benjamin Waterhouse and Jane his wire 1d., Dorothy Waring £23, Jonathan Lees and Catherine his wife £11.10s.0d., James Strover £11.10s.0d., Catherine Cooley £11.10s.0d., Samuel Waring £7.13s.4d., William Waring £7.13.4d., Sampson Waring £7.13s.4d.
It not being known whether Richard Cooley was living or not at the death of Cecil Waring, Thomas Waring on his behalf consented to accept £11.10s.0d. for his share of the £525 and interest and promised to indemnify Catherine James against any further claims by Richard Cooley, and it was agreed that the £11.10s.0d. should be paid to Richard if it should be found that he was living at Cecil’s death, but if not then to Catherine Cooley.
Catherine James being unable to pay the said sums applied to John Till, who agreed to advance the money. All parties thereupon agreed that the £525 should be made over to John Till as security for the repayment of the said sum of £250 with interest at £5 % per annum and that upon repayment to him the property should be for ever discharged from the said moiety of £1050 which had belonged to Charles Waring.
It was agreed that the sums or £75 and £11.10s.0d. being the consideration for the shares of Thomas Waring, and the other sums above mentioned making together £163.10s.3d. being the consideration for the shares of Walter Waring and of all the other parties of the 2nd. part should be paid to Walter Waring and be distributed by him accordingly.
All the parties now agree to join in confirming to John Till the sum of £525, bequeathed by Charles to Cecil Waring [much other detail, not abstracted, but concluding - ]
And for the better enabling John Till to recover and receive the said premises assigned to him all the parties appointed him their Attorney.
Document marked O –
1 July 1795 – Deed Poll endorsed on document N. The said John Till, and Edward Reeve of St. Marylebone, Middlesex Esq., sole Executor of Mary Reeve late of St. George’s Hanover Square, Middlesex, confirm that the sum of £250 and 3d. [sic] paid by John Till was the money of Mary Reeve and that the name of Till was used in trust for her. By her will dated 2 July 1783, proved in the PCC, she gave the said £250 [sic] to Edward Reeve [her son] and her daughter Frances Reeve and to such of them as should longest live unmarried. Edward married before Mary’s death so that his sister became entitled to the £250.
John Till and Edward Reeve therefore convey the £525 and also £250 and interest.
Document marked P endorsed on M –
25 July 1795: Deed Poll of Peter Calvert and Edward Reeve, the sole executor of Mary Reeve, who was widow and sole Executrix of Thomas Reeve, Dr. in Physic:
reciting that the sum of £200 mentioned in the Indenture [M] mentioned to have been paid by Peter Calvert was the proper money of the said Thomas Reeve and that the name of Calvert was used in trust for him:
also reciting the wills of Dr. Reeve dated 14 July 1778 and of his wife dated 22 Jul 1783, both proved at Doctors Commons, and the marriage of the son whereby the sister became entitled to the said £200.
Peter Calvert and Edward Reeve transferred to Frances Reeve the sum of £525 for securing the payment of £200 and interest, as also the said £200.
Documents marked Q and R –
1 and 2 August 1799: Indentures between (i) Dorothy Waring the sister and surviving devisee named in the will of William Waring deceased and also Administratrix of the estate of Catherine James her late niece, who was the daughter and only surviving child named in the will of the said William Waring (ii) Frances Reeve and (iii) John Higginson of Southampton Street, St. Paul’s Covent Garden, Middlesex, watchmaker.
After reciting numerous Indentures mentioned above – Catherine James, who upon the death of her brother Charles Waring became solely seized for her lifetime of the premises comprised in the recited Indentures etc. under the will of her father William Waring, and who accordingly held the same and received the rents, died about the year 1795 intestate without leaving any issue, whereupon the said Dorothy Waring, the sister and only surviving devisee named in the will of the said William Waring, became solely seized of the freehold and inheritance in fee simple of the said premises, and entered thereon and had ever since been and then was in the possession and receipt of the rents thereof for her own use and benefit, subject to the payment of the said £200 by the Indenture of 22 January 1771, and also of the said £250 by the Indenture of 18 June 1783 to the said Frances Reeve who was solely entitled thereto.
Dorothy Waring as administratrix of Catherine James also became entitled to the residue of the said sums of £750 and £300 secured by the Indentures and Mortgage of 22/23 March 1738 and the Deed Poll of 28 August 1752, after deducting the amounts due to Frances Reeve.
John Higginson had contracted to purchase the premises from Dorothy Waring for £1150 free from incumbrances, and it was agreed that the sums of £200 and £250 and interest due to Frances Reeve, amounting altogether to £485.11s.0d., be first paid to her by John Higginson out of the purchase money and the residue paid to Dorothy Waring.
This was done, and £664.9s.0d. balance paid by John Higginson to Dorothy Waring, for which she conveyed to him –
All that messuage or tenement with the barns etc. and a cottage therewith held with the outhouses, gardens etc. and those parcels of arable, meadow, pasture and wood belonging called Cocklands, Cocklands Garden, Cocklands Croft, the Bald Croft, Cocklands Spring, Greenhill, Greenhill Slipp Garden, Garden Westfield, Wakeham, Alice Deane, the Great Slipp, Little Slipp, Homefield Croft, Great Homefield, Little Homefield, the Lay piece, the Goss, the Great Spring, the Meadow, little Westfield, White lands alias Whitelawns and the Backsa alias Baysa, containing in the whole by estimation 115 acres in or near Rumney Street in Shoreham, heretofore in the occupation of Wm. Smale and Thos. Pitman, late of John Wood and now of John Glover;
also all that other cottage with the buildings, yards etc. at or near Rumney Street, heretofore in the occupation of Robt. Bromefield, late of the said John Wood and now of the said John Glover;
also all that messuage, farm or tenement in or near Rumney Street and those several closes of land called Westfield, Little Croft, Long Croft, Layton Broom, Broom Grove and Grass Yard Lane containing by estimation 23 acres in or near Rumney Street, formerly in the occupation of John Gransden, afterwards of George Richardson, since of Robert Broomfield, late of the said John Wood and now of the said John Glover;
also several parcels of land arable and wood land at or near Rumney Street, containing by estimation 22 acres, bounding to part of the aforementioned premises towards the east, to the lands heretofore of David Dennis, afterwards of Richard Waring Gent. towards the north and to the lands heretofore of Thos. Tileman and afterwards of John Codd towards the south and west;
also all that Green Lane called Edlands Hill otherwise Larkes Hill leading from Rumney Street to Shoreham Road and adjoining to lands heretofore of Sir. Thos. North afterwards of ------ Bowles towards the east, in Shoreham, all which lands were formerly in the occupation of John Small afterwards of the said Geo. Richardson, since of the said Robt. Broomfield, late of the said John Wood and now of the said John Glover;
to the said John Higginson his heirs and assigns for ever.
Covenant from Dorothy Waring that she would levy a fine to John Higginson with Proclamation of the said premises.
Dorothy Waring declares that she was lawfully seized etc. and that she and Frances Reeve had a good right to convey, free from incumbrances except the following leases –
A lease granted by Catherine James of the chief part of the premises to John
Wood dated 1 March 1786 for 21 years from Michaelmas 1785 at £56 per annum;
A lease granted by Catherine James to John Wood dated 29 September 1787 of other part of the premises for the remainder of a term of 21 years at a rent of one guinea per annum;
A lease granted by Catherine James to Wood dated 29 September 1793 of the residue of the premises for the remainder of a term of 21 years at a rent of £3 per annum.
Frances Reeve released to John Higginson all title in the premises conveyed to him by Dorothy Waring etc.
Document marked S –
Trinity Term 39 George III – Fine between John Higginson, Plaintiff, and Dorothy Waring, Deforciant, of two messuages, three cottages, two barns, to stables, four curtilages, four gardens, five orchards, 120 acres of land, ten acres of meadow, thirty acres of pasture and forty acres of wood in Shoreham.
Document marked T –
16 February 1809: by his will of this date John Higginson bequeathed to his dear wife Jane Higginson all his messuages, lands etc. both real and personal, to hold for ever, and he appointed her his sole Executrix of his will, proved in the PCC on 18 August 1814.
Document marked U –
7 November 1823: by her will of this date Jane Higginson bequeathed to her good friend Augustus Meves of Air Street, Piccadilly, Middlesex gentleman all her messuages, lands etc. of which she might be possessed, to him and his heirs for ever. She appointed him Executor and he proved the will in the PCC on 22 January 1828.
Solicitor’s note (not very legible) : Mr. Augustus Meves says he is not married – see his letter of Nov. 15th. 1833. I think he is not a debtor or accountant or security for a debtor or accountant to the Crown. The usual search was made for Judgements in KB, CP and Exch – none found.
Document marked V –
The letter referred to in the note on document U is given in full –
Written to Messrs. Baxendale Tatham Upton and Johnson, Kings Arms Yard, Coleman Street, Solicitors, from 8 Bath Place, New Road, Nov. 15th. 1833.
In answer to the letter I have received from you, I will to the best of my knowledge reply to the Questions.
Regarding the Estate I must leave that to your consideration, not having sufficient legal knowledge to answer, also regarding the Letters of administration to Dorothy Waring, if they are necessary a search must be made at Doctors Commons for them.
I am unfortunately for my Dear Children an unmarried Man, the name of the Lady who lives with me is Frances Fry her Parents are Market Gardeners residing at Hannam near Bristol.
I know of no Rents or services due from the Estate to the Chief Lord of the Manor none has ever been claimed in my time to my knowledge.
My Tenant John Glover pays the Land Tax which I believe is trifling. I receive £60 a year Rent free of Land Tax.
I am not in debt, nor am I bound for any one. I never signed any Bond or Judgment in my Life. I have paid every Tax which amounts to about £15 a year for the House in which I reside in Bath Place.
Refer to the last Answer.
I have to the best of my knowledge and judgment answered the various Questions
you have sent me which I hope will prove satisfactory and remain
Your Obedt. Servant
To Messrs Baxendale Tatham Upton and Johnson.
N.B. I remember when Mr. Wall examined my Title Deeds in 1828 he explained to me that Dorothy Waring was the surviving Devisee and succeeded to the Estate in Fee under the will of William Waring.
Document marked X, not in the Abstract –
2 August 1799 – extracts from the Registry of the PCC: administration
of Catherine James late of Barnet, Herts. Widow left unadministered by Walter
Waring the uncle and one of the next of kin, now also deceased (former grant
Dec. 1795) granted to Dorothy Waring spr. the aunt and another of the next of
kin. A note refers to further administration of goods twice unadministered in
The following document, marked Y, is in the collection but is not mentioned in the Abstract –
1 December 1803: Indenture between (i) John Higginson of Southampton Street in the Strand, Middlesex, watchmaker and (ii) Dorcas Mace widow, Thomas Mace yeoman and John Mace yeoman, all of Eynsford.
John Higginson lets to Dorcas, Thomas and John all that messuage or tenement with the orchard and garden ground thereto belonging situate on the south side of the Street called Romney street, Shoreham with one barn and stables, outhouses etc. and also 27 pieces of arable and pasture and two pieces of meadow land, containing altogether by estimation 129¼ acres; also several pieces of wood and coppice called Upper Wood, 3 acres, Lower Wood, 5½ acres, West Field Wood, 4 acres, Cooper Corner Shaw, 1 acre, Broomfield Shaw, ½ acre, Three Acre Shaw, ½ acre, Four Acre Shaw, ½ acre, Sidehilly Shaw, ¾ acre. Two Acres and a Half Shaw, ¾ acres; a coppice or shaw called The Grove. ½ acre and Barnfield Ashen Shaw, 8 rods – all which premises were late in the occupation of John Wood;
Also all the parcels of meadow, arable, pasture and wood at or near Romney Street late in the occupation of John Wood, and a messuage, tenement or cottage at or near Romney street usually let with these premises and lately in the occupation of William Booker.
Usual covenants re timber, access etc.
The lease is to run for 24 years from Michaelmas last (1803), at a rent of
£60 and one shilling per annum for the first 3 years and £90 per
annum for the remainder of the term, to be paid at the four usual quarter days.
Further lengthy farming covenants.
Dorcas X Mace Thos. Mace, John Mace. Seals (identical) not clear.
Endorsed – sealed and delivered in the presence of Tho. Palmer, Warnford
Court, Throgmorton St.
Mr. John Higginson to Mrs. D. Mace and Messrs. Thos. and Jn. Mace 1 Dec 1803 Counterpart of lease
Commencing Michaelmas 1803
Term of years 24
This abstract of the information in the Abstract of Title (which is unusually full) was made by Brenda Copus, 17 Oakdale Road, Tunbridge Wells, Kent TN4 8DS.
Typed by Geoffrey Copus, April 2007.