Contents
Heading
| Title | The Manor of Deopham Hall: A General Court Baron of the Right Honorable John Lord Wodehouse, Baron Wodehouse of Kimberley, Lord of the Manor |
| Date | November 6th 1861 |
| Steward | John Odin Howard Taylor, Deputy Steward of George Forrester, Esquire, Chief Steward. |
| Location | In and for the said Manor |
| Page numbers in Court Roll | 72 – 79 |
Homage
| Taylor Phoenix |
| John Baker |
Property
| Person surrendering property | Proclamations | Date of the Copyhold | Beneficiary | Attorney | Identification of property | Rent | Fine |
|---|---|---|---|---|---|---|---|
| George Custance Leak Knight of Wymondham, Gentleman, presented a disentailing deed dated July 6th 1861 | Charles Scarle | All and every the said Messuages, Lands, Tenements and Hereditaments and parts and shares of Messuages, Lands, Tenements and Hereditaments |
Defaulters
Such tenants as have this day made default in their Suit and Service are severally amerced 9 pence a piece.
The Disentailing Deed
Summary
At the Court of the Manor of Deopham Hall, August 1853, an Indenture made on December 17th 1847 was entered in the Court Roll. However, the Indenture entered at this Court, states that “in a recent case the Master of the Rolls hath decided that by the Act of Parliament [of 1833] … intitled An Act for the abolition of Fines and Recoveries and for the substitution of more simple modes of Assurance it is required that a Deed to bar an Equitable Entail in Copyholds should be entered on the Rolls of the Manor within … within six calendar months after the execution thereof”. Since previusly there was a delay of almost 6 years from Indenture to entry on the Court Roll, the 1847 Indenture was considered to be invalid and had to be repeated.
The full text
The text of the Indenture has been transcribed in full into the Court Roll:
This Indenture made the sixth day of July One thousand and eight hundred and sixty one
Between
– George Custance Leak Knight of Wymondham in Norfolk, Gentleman, the first born son of George Browne Leak Knight of Framingham Earl in Norfolk, Esquire, of the first part;
– The said George Browne Leak Knight of the second part, and
– William Robert Clarke of Wymondham aforesaid, Gentleman, of the third part.
Whereas by an Indenture dated on or about the seventeenth day of December 1847 made between
– the said George Custance Leak Knight of the first part;
– the said George Browne Leak Knight of the second part;
– the said William Robert Clarke of the third part,
the said George Custance Leak Knight with the consent and approbation of the said George Browne Leak Knight did bargain, sell, alien, release and convey unto the said William Robert Clarke, his heirs and assigns,
All such and so many and such part and parts as were or was Copyhold of customary tenure of and in All and every the Messuages, Lands, Tenements and Hereditaments and parts and shares of Messuages, lands, tenements and hereditaments which by the last Will and Codicil thereto of John Browne, then late of Tacolnestone, in Norfolk, Esquire, deceased, were devised to James Stoughton and Thomas Church in the said Will described and their heirs, Upon trust for the said George Browne Leak Knight for Life and after his decease, Upon trust for his first and other sons successively according to their respective seniorities of age, in tail male, with remainders over as therein mentioned and which had not been allotted or awarded to any other person or persons in Exchange under or by virtue of any Inclosure Act or Acts,
And also of and in all and every the Lands and Hereditaments allotted, awarded or substituted or received or taken in exchange for or in lieu or in respect of the lands and hereditaments devised as aforesaid or any of them or any part thereof or the rights attached or belonging thereto,
And also of and in All and every the Messuage, lands, tenements and hereditaments which had been purchased by the said James Stoughton and Thomas Church and the Copyhold parts whereof had been surrendered to them in manner therein mentioned, and of and in all other (if any) the messuages, lands, tenements and hereditaments and parts and shares of Messuages, Lands, Tenements and Hereditaments whatsoever held upon or subject to the said Trusts by the said Will of the said John Browne, deceased, declared in favor of the said George Browne Leak Knight for life with remainders over as aforesaid with their appurtenances;
To hold unto the said William Robert Clarke, his heirs and assigns subject to the Estate or Trust by the said Will declared in favor of the said George Browne Leak Knight and his assigns for life, as aforesaid, but freed and discharged from the Estate Tail of the said George Custance Leak Knight and all remainders, estates, rights, titles, interests and powers to take effect after or in defearance [sic] of such Estate Tail,
Nevertheless In Trust for the said George Custance Leak Knight, his heirs and assigns for ever,
And whereas after the execution of the said recited Indenture the said George Custance Leak Knight sold his Reversionary estate and interest in part of the said Copyhold hereditaments therein comprised unto the said George Browne Leak Knight and he joined with the said George Browne Leak Knight in selling other parts thereof to divers other persons and all the said Copyhold hereditaments were respectively surrendered or otherwise assured or were intended to be surrendered or otherwise assured unto the said George Browne Leak Knight and such other person or persons and their respective heirs and assigns or according to their direction;
And whereas the said George Browne Leak Knight hath since resold the greater part of the Copyhold hereditaments, the Reversionary Estate, and Interest in which was purchased by him, and the said hereditaments so resold have been surrendered or otherwise assured unto or in trust for the several purchasers thereof respectively and their heirs and assigns, or according to their direction,
And whereas the said recited Indenture was entered on the Rolls of the several Manors whereof the said Copyhold Hereditaments therein comprised are respectively holden, but the entries thereof were not made within six calendar months from the date and execution thereof,
And in a recent case the Master of the Rolls hath decided that by the Act of Parliament passed in the Session of Parliament held in the third and fourth years of the Reign of King William the Fourth intitled “An Act for the abolition of Fines and Recoveries and for the substitution of more simple modes of Assurance”1 it is required that a Deed to bar an Equitable Entail in Copyholds should be entered on the Rolls of the Manor within that time;
And whereas the said George Custance Leak Knight and George Browne Leak Knight are desirous of remedying all defects of Title to the said Copyhold Hereditaments consequent on the nonentry on the Rolls of the said recited Indenture within six calendar months after the execution thereof,
Now this Indenture witnesseth that in pursuance of such desire and for carrying the same into effect and in consideration of the premises the said George Custance Leak Knight with the consent and approbation of the said George Browne Leak Knight as Protector under the said Will of the said John Browne, deceased, testified by his being a party to and executing these presents, Doth, so far as he lawfully or equitably can or may by these presents (which are intended to be entered on the Rolls of the several Manors whereof the said Copyhold hereditaments are respectively holden within six calendar months next after the date hereof) bargain, sell, alien, release and convey, ratify and confirm, unto the said William Robert Clarke and his heirs, All and every the said Messuages, Lands, Tenements and Hereditaments and parts and shares of Messuages, Lands, Tenements and Hereditaments by the said recited Indenture conveyed and assured, or intended to be conveyed and assured, unto the said William Robert Clarke his heirs and assigns in trust as aforesaid with their rights, members, and appurtenances,
And all the Estate right, title, interest, trust, remainders, inheritance, property, benefit, claim and demand whatsoever both at law and in equity of the said George Custance Leak Knight in, to or out of the said Copyhold hereditaments and premises or any of them or any part thereof
To have and to hold all and singular the said Copyhold hereditaments and premises hereby conveyed and assured, or intended so to be, and every of them and every part thereof unto the said William Robert Clarke his heirs and assigns, subject to the Estate or Trust by the said Will of the said John Browne declared in favor of the said George Browne Leak Knight and his assigns for his life as aforesaid, so far as the same is now subsisting therein, but freed and discharged form the Estate Tail of the said George Custance Leak Knight and all and remainders, estates, rights, title, interests and powers to take effect after or in defeazance of such Estate Tail, Nevertheless, Upon trust and to the intent and purpose that all the said Copyhold hereditaments and premises hereby conveyed or assured, or intended so to be, may respectively go, remain and be to the use of the same persons for the same estates or interests upon and for the same trusts, intents and purposes and with, and subject to, the same powers, provisos, declarations and agreements and generally in the same manner in all respects as the same hereditaments and premises respectively now stand, limited, settled and assured to upon for and with or subject to in case the said recited Indenture was entered on the Rolls of the several Manors whereof the said copyhold hereditaments and premises are respectively holden within the time required by the said Act of Parliament, or as the same would respectively now stand limited, settled and assured to, upon and with or subject to, in case the said recited Indenture had been so entered.
In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written,
George C. L. Knight
G. B. Leak Knight
W. R. Clarke
Transcription © G. Sankey
Comments
- The original Court Roll entry regarding the Leak Knight disentailing was entered in the Court Roll at the Court of the Manor of Deopham Hall, August 1853.
- Both the Graver Brownes and the Knights sought to disentail the Male line of inheritance restriction from John Browne’s will. The Graver Browne disentailing is recorded in the Court of the Manor of Deopham of the Dean & Chapter of Canterbury of April 7th 1859.
Footnotes
- Royal assent was given to this law on August 28th 1833 ↩︎
Navigation
| Date | Change |
|---|---|
| 1/1/25 | Links to John Browne Will |
| 7/12/24 | Published IMG_20241126_142541 |
Deopham History 