Contents
Heading
| Title | The Manor of Shadwell’s otherwise Cockerell’s in Morley: The General Court Baron of Thomas Sutton, Gentleman, Lord of the Manor |
| Date | October 20th 1851 |
| Steward | William Massey, Gentleman, Steward |
| Location | In & for this Manor |
| Page numbers in Court Roll | 171 – 183 |
Homage
| Archibald Rowing |
| Charles Clarke |
Property
| Person surrendering property | Proclamations | Date of the Copyhold | Beneficiary | Attorney | Identification of property | Rent | Fine |
|---|---|---|---|---|---|---|---|
| George Custance Leak Knight of Wymondham, Gentleman, and George Browne Leak Knight of Framingham Earl, Esquire request disentailing deed recorded in Indenture dated December 17th 1847 to be enrolled in the Court Roll. | Candell Clarke, Gentleman | ||||||
| John Curson (deceased) | 1st Proclamation | ||||||
| George Hubbard (deceased) | 1st Proclamation: June 20th 1848 2nd Proclamation | ||||||
| William Kemp (deceased) | 1st Proclamation | Late free tenant of this Manor | |||||
| Edward Lebbel (deceased) | 1st Proclamation | Late free tenant of this Manor |
Defaulters
Those tenants of this Manor who have made default in doing their suits & services at this Court are amerced 3d each.
The Disentailing Deed
Summary
George Custance Leak Knight had inherited property from John Browne which had an Estate tail attached to it meaning that he could only pass the property on to his male heirs, or failing that to other mail descendents of John Browne. The purpose of the disentailing is to remove this encumbrance from the property so that it is free to be sold – sold to William Robert Clarke in this case.
The full text of John Browne’s will (referred to in the Indenture below) can be seen here.
The Deed
This is the Disentailing Deed as copied into the Court Roll:
This Indenture made the seventeenth day of December in the year of our Lord one thousand eight hundred and forty seven
Between
– George Custance Leak Knight of Wymondham, Gentleman of the first part,
– George Browne Leak Knight of Framingham Earl of the second part, and
– William Robert Clarke of Wymondham, Gentleman of the third part
Whereas John Browne, late of Tacolnestone in the said County of Norfolk Esquire, deceased, by his last Will and Testament in Writing dated on or about the twentieth day of April one thousand eight hundred and twelve duly executed and attested, appointed and devised All those four undivided … parts or shares or other parts of shares to which he was entitled of and in the Advowson of Little Barningham in the said County of Norfolk
And of and in all that Estate and Farm or all those Estates and Farms with the Lands, Hereditaments and Appurtenances thereto belonging or held therewith situate, lying and being in Little Barningham aforesaid or in any other adjacent Town, parish or place now in the occupation of Edmund Starling and his undertenants;
And also of and in all those Messuages, Dwellinghouses, Lands, Tenements and Hereditaments with the Lands and Appurtenances thereto belonging situate in Bury Saint Edmunds, Thurston and Tostock in the County of Suffolk or in any other Town, Parish or place, Towns, Parishes or places to them or either of them adjacent now in the several occupations of Bacon, Mrs. Ransome, Mr. Green or their, or some of their, undertenants;
And also all and singular other his Messuages, Lands, Tenements and Hereditaments, part or parts, share or shares of Messuages, Lands, Tenements and Hereditaments situate, lying and being in the said several parishes of Little Barningham, Bury Saint Edmunds, Thurston and Tostock or in any other Town or Towns, Parish or Parishes to them or either of them adjacent or elsewhere in the said County of Suffolk;
And also all and every his Estates, Lands, Tenements and Hereditaments situate in Wymondham, Besthorpe, Deopham, Morley Saint Botolph and Attleburgh in the said County of Norfolk which were purchased by him at several different times of and from the Executor of John Matthews, deceased, the Executors of Reverend Thomas Taylor, deceased, Thomas Anderson, deceased, Mr. Buckle, Samuel Pettingall, the Executors of John Sparkhall deceased, James Sparkhall, the Executors and Devisees in Trust named in the will of Jonathan Dey, deceased, the Reverend William Papillon, Jacob Lucas and Mary his Wife, John Grime Carter and Mary his wife, the Right Honorable Lord Byron, Daniel Buckenham and James Chapman respectively and also all and singular the Lands late parcel of the Commons and Waste Grounds situate in Wymondham aforesaid which have been by the award of the Commissioners named and appointed in and by an Act of Parliament passed in the forty sixth year of the Reign of His present Majesty entitled “An Act for Inclosing Lands in the Parish of Wymondham in the County of Norfolk” assigned, set out and allotted unto the said George Browne Leak Knight therein called by his then name of George Browne Leak as his Trustee (were the said several Estates, Lands and Hereditaments, Freehold, Copyhold or of any other Tenure) with their and every of their Rights, Members and Appurtenances unto and to the use of the Reverend James Stoughton, Rector of Sparham in the County of Norfolk and Thomas Church of Aslacton in the said County, Farmer, and their Heirs nevertheless upon and subject to the Trusts, powers and provisoes thereinafter declared concerning the same that is to say:
Upon trust, out of the Rents of the said Estates, to pay the several annuities therein mentioned all which are now determined and no longer payable and subject thereto;
Upon trust for the said George Browne Leak Knight therein called by his then name of George Brown Leake and the assigns of the said George Browne Leak Knight during his natural life subject to impeachment of waste for cutting down Timber Trees for any purpose whatsoever,
And after his Decease upon trust for his first and other Sons successively according to their respective Seniorities of Age & their Heirs Male of their respective Bodies every Elder of the same Sons & the Heirs Male of his Body to take before every Younger of the same Sons and the Heirs Male of his Body;
And in Default of such Issue upon such trusts as are therein particularly declared and expressed
And after making certain bequests of parts of his personal Estate, the said Testator gave all the residue of his personal Estate and Effects of what nature or kind soever, the same might be unto the said James Stoughton and Thomas Church their executors and Administrators Upon trust to Convert into Money all such parts as shall not consist of Money at his decease and to stand possessed of the same together with such parts thereof as shall then consist of Money upon the Trusts thereinafter declared concerning the same,
And the said Testator thereby declared that the said James Stoughton and Thomas Church, their Executors and Administrators shall stand possessed of the said last mentioned trust moneys subject to the payments and applications thereinbefore and thereinafter expressed upon trust to invest the same or any part or parts thereof form time to time as opportunity might offer in the purchase of Freehold or Copyhold Estates situate in England to be approved of by some writing under the hand of the person who would be Tenant for life in Tail Male thereof if the same were then purchased if such person shall be of age,
But if such person shall be under age then every such purchase should be at the direction of the said James Stoughton and Thomas Church, their Executors and Administrators, and the Estate and Estates purchased should forthwith be settled To the Uses and upon the Trusts and for the ends, intents and purposes and subject to the powers, provisoes and conditions thereby limited and declared concerning the Estates thereby devised to the said James Stoughton and Thomas Church and their heirs in trust for the said George Browne Leak Knight for life with remainder over as aforesaid or as near thereto as the nature and quality of the said Estates so to be Purchased & intervening circumstances would admit of;
And whereas the said John Browne made and published a Codicil to his said Will dated on or about the twenty fifth day of May, one thousand eight hundred and thirteen duly executed and attested and after reciting that since the date and execution of the said Will he had agreed to purchase of Charles Allen of Deopham in the said County of Norfolk a certain small piece of Land situate at Deopham aforesaid but the same hath not as yet been conveyed & assured unto him, he thereby devised the said piece or parcel of Land which he had so agreed to purchase of the said Charles Allen and all his Estate and Interest therein or right thereto unto and to the use of the said James Stoughton and Thomas Church and their heirs according to the Nature, Tenure & Quality of the said Piece of Land,
Nevertheless upon, to and for the several Trusts, Ends, Intents and Purposes and under and subject to the several powers, provisoes, declarations & directions mentioned, expressed, declared & contained or referred to, in and by his said Will of and concerning the Messuages, Farms, Lands, Tenements & Hereditaments which were in and by his said Will devised unto the said James Stoughton and Thomas Church and their Heirs upon trust for George Browne Leake Knight, therein called George Browne Leake, for his life with remainders over as therein mentioned.
And whereas the purchase so made by the said John Browne the Testator of the said Charles Allen as mentioned in the said recited Codicil to his said Will was completed after the date and execution of the said Codicil
And whereas the said John Browne died in or about the month of June one thousand eight hundred and fourteen without having in any manner altered or revoked his said recited will and Codicil and the said Will and Codicil were duly proved by the said James Stoughton and Thomas Church on the twenty third day of December, One thousand eight hundred and fifteen in the Prerogative Court of Canterbury
And whereas under or by virtue of several Acts of Parliament passed for inclosing Lands in the several Parishes of Morley, otherwise the Parishes of Marley Saint Buttolph and Morley Saint Peter, Attleburgh and Besthorpe in the said County of Norfolk and in the several awards of the Commissioners respectively acting under the said Acts, certain lands and hereditaments were allotted, awarded or substituted or received or taken in exchange for or in lieu or in respect of the Lands and Hereditaments appointed and devised by the said Will and Codicil of the said John Browne deceased or one of them, Upon trust for the said George Browne Leak Knight for life with remainders over as hereinbefore mentioned or referred to or some part or parts thereof or the rights of common appendant or appurtenant or attached thereto
And whereas in pursuance of the trusts or directions of the said Will in that behalf the said James Stoughton and Thomas Church laid out and invested the sum of Four hundred and fifty pounds being part of the Moneys arising from the residuary personal Estate of the said John Browne bequeathed
To them in trust as aforesaid in the purchase of a Messuage or Tenement and other hereditaments situate at Wymondham aforesaid, the said George Browne Leak Knight being then under the age of twenty one years, And on the twenty fifth day of November One thousand eight hundred and seventeen so many and such parts as were Copyhold of and in the said Messuage or Tenement and Hereditaments so purchased were duly surrendered to the use of the said James Stoughton and Thomas Church, their heirs and assigns upon and for such and the like trusts, intents and purposes as were declared, expressed and contained in and by the said Will of the said John Browne of or concerning the Copyhold hereditaments by the said Will devised unto the said James Stoughton and Thomas Church, their heirs and assigns, Upon trust for the said George Browne Leak Knight and his assigns for his life with remainders as therein and thereinbefore mentioned or such and so many of the same trusts, intents and purposes as were then existing undetermined and capable of taking effect And the said James Stoughton and Thomas Church were shortly afterwards duly admitted Tenants thereto;
And whereas the said George Custance Leak Knight is the only son and heir apparent of the said George Browne Leak Knight and attained his age of twenty one years on or about the twenty eighth day of July last past,
And whereas the said George Custance Leak Knight is desirous of barring his Estate tail in remainder in all the said Copyhold hereditaments and premises devised, surrendered, allotted and awarded as hereinbefore mentioned or referred to and which have not been allotted or awarded in exchange under any Inclosure Act or Acts to any other person and in all other, if any, the Copyhold hereditaments and Tenements 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 reminders over as aforesaid and all remainders and reversions expectant or depending on such Estate tail and of conveying and assuring all the said Copyhold hereditaments and premises (subject to the life Estate or Interest of the said George Browne Leak Knight therein) unto the said William Robert Clarke, his heirs and assigns, In trust nevertheless for the said George Custance Leak Knight, his heirs and assigns as hereinafter mentioned And the said George Browne Leak Knight hath agreed on the request of the said George Custance Leak Knight to concur in these presents for the purpose of testifying his consent thereto as Protector under the said Will and enabling the said George Custance Leak Knight to carry such desire into effect.
Now this Indenture Witnesseth that for carrying the said recited desire of the said George Custance Leak Knight into effect and in consideration of the sum of ten shillings Sterling to the said George Custance Leak Knight now paid by the said William Robert Clarke, the receipt whereof is hereby acknowledged,
He, 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 hereby 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 are or is Copyhold or of customary tenure of, and in, All and every the said Messuages, Lands, Tenements and Hereditaments and parts and shares of messuages, lands, tenements and hereditaments by the said recited Will and Codicil of the said John Browne deceased, devised to the said James Stoughton and Thomas Church and their heirs upon trust for the said George Browne Leak Knight for life with remainders over as aforesaid and not 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 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 so purchased by the said James Stoughton and Thomas Church and the Copyhold parts whereof were so surrendered to their use as aforesaid,
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 Will of the said John Browne deceased, declared in favor of the said George Browne Leak Knight for life with remainders over as aforesaid,
And all the estate right title interest trust remainder inheritance property benefit claim and demand whatsoever of his 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 be, and every of them and every part thereof unto the said William Robert Clarke his heirs and Assigns (Subject nevertheless to the Estate or Trust by the said Will of the said John Browne deceased declared in favor of the said George Browne Leak Knight and his Assigns for his 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 defeazance or such Estate tail), But nevertheless In trust for the said George Custance Leak Knight, his heirs and assigns forever
In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written:
George Custance Leak Knight
George Browne Leak Knight
Transcription © G. Sankey
Outcome
Although this Deed was accepted and entered into the Court Roll, the record of the Court Roll dated November 9th 1861 shows that because it had not been enrolled within six months it was not considered legal. The process therefore had to be repeated (for all of the Manors in which Copyhold property was held) with a new Disentailing Deed which was enrolled at the Court of November 9th 1861.
Navigation
| Date | Change |
|---|---|
| 1/1/25 | Comment on outcome |
| 30/12/24 | Published IMG_20241210_110435 |
Deopham History 