Miscellaneous documents
Reference: D/X 373 Catalogue Title: Miscellaneous documents Area: Catalogue Category: Other Records Description: Durham City, South Street and Claypath deeds; Durham Court of Chancery
Covering Dates: 1681-1946
Related Information
Catalogue Index
Use
and
to reveal/hide the structure of the catalogue index (requires Javascript to be enabled in your internet browser options). Click to jump directly to information at a specific level of the catalogue.
- Miscellaneous documents
Catalogue Contents
Property at Pimlico, Durham (Ref: D/X 373/1)Ref: D/X 373/1/1
Exemplification of common recovery suffered by Simon Peacock over a messuage and one acre of land in Elvet, in Durham Court of Pleas. Seal of Palatinate. 26 July 1681
(1 parchment - Latin)
Ref: D/X 373/1/2Feoffment 1 February 1697/98
Parties:
(1) John White the elder of Pimlecoe in Durham, weaver and Anne, his wife;
(2) John White of South Street, Durham, roper, son and heir of (1)
Operative Part
- (1) enfeoffed (a) to (2) for £16
Property:
(a) messuage in Elvet, Durham at the head of a street called South Street commonly called Almler alias Alman alias [unreadable] Barnes alias Pimlecoe in occupation of John White the elder
Habendum:
- to (2), to use of (2) for ever
Witnesses:
- Jo: Mathon;
- Henry Stanford;
- Jo: Mowbray
(1 parchment)
Ref: D/X 373/1/3Probate of will of James White of Pimlico, Durham, barber and roper 17 February 1750/51
- devising all messuages, lands and garth at the head of South Street, Durham called Almner otherwise Alman otherwise Amlan Barns otherwise Pimlico to his wife Adeline for her life; remainder of two rooms in occupation of his brother-in-law Ralph Middleton to his daughter Ann, wife of Samuel Colledge, shoemaker and her heirs, in default of which then to his daughter Margaret; remainder of the rest of the messuage (which reverted to him after the death of his brother Thomas White and in occupation of Thomas White), to his daughter Margaret;
- devising the residue of his real estate to his wife and a barn in occupation of Michael Robinson of South Street, after his wife's death, to his daughter Adeline and her issue, in default to issue of Margaret;
- devising his shop on Framwellgate Bridge in occupation of Ralph Middleton, after the death of Middleton's wife Ann, to the testator's daughter Margaret;
- devising his other shop on Framwellgate Bridge, to which he was entitled after the death of his brother Thomas, to Jane, wife of John Pearson, shoemaker;
- devising the residue of his real estate and bequeathing his personal estate to his wife Adeline;
- appointing his wife Adeline sole executrix;
- witnesses: Ralph Vaux; Anthony Gray; Henry Kay; John Robson;
- annexed probate of 21 March 1770 in Durham consistory court
(1 parchment)
Ref: D/X 373/1/4Attested copy of D/X 373/1/3
(1 parchment)
Ref: D/X 373/1/5Lease forming part of a conveyance by lease and release for which see D/X 373/1/6 - 3 April 1770
(1 parchment)
Ref: D/X 373/1/6Conveyance by release 4 April 1770
Parties:
(1) Adeline White of Pimlico, Durham, widow of James White of Pimlico, barber and roper, and Margaret Marshall of Pimlico, widow and daughter of John and Adeline White;
(2) Ralph Saunders of South Street, Durham, gentleman
Reciting:
- (1) were seized of the reversion of (a);
- (2) had agreed purchase of (a) from (1)
Operative Part
- (1) released (a) to (2) for £10
Property:
(a) barn at Pimlico formerly in occupation of Mr Robinson and bounding: E on a house belonging to Adeline White; W by house of Ralph Grey; S by a garden of Adeline White; N on king's highway
Habendum:
- to (2), to use of (2) for ever
Adeline White and Margaret Marshall signed by mark
Witnesses:
- Thomas Harrison Kirkley;
- William Reynolds
(1 parchment)
Ref: D/X 373/1/7Conveyance 17 December 1795
Parties:
(1) White Marshall of Durham, taylor (only son and heir of Margaret Marshall late of South Street, Durham, who died intestate, was widow of Thomas Marshall of South Street and was daughter and devisee of James White of Pimlico, Durham, barber and roper) and Eleanor, his wife;
(2) Joshua Colledge, late of Newcastle upon Tyne, now of Durham, yeoman (eldest son and heir of Samuel Colledge late of South Street, Durham, shoemaker and Ann, his wife, devisee in the will of James White) and Ann, his wife;
(3) John Stephenson of South Street, yeoman
Reciting:
- feoffment of 26 December 1792 between (i) Joshua Colledge and (ii) White Marshall in which (a) was conveyed to (ii) for £30;
- (3) had contracted purchase of (a) from (1) for £80;
- (1) and (3) had requested (2) join in the conveyance
Operative Part
- (1) released (a) to (3) for £80
Property:
(a) two room forming a messuage in occupation of John Stephenson at the head of South Street part of hereditaments called Almnor alias Alman alias Amlan Barns alias Pimlico late estate of James White;
(b) frontstead containing in length E-W 12 yards and in breadth N-S 6 yards bounding: (a) E; barn of Robert Dobson W; king's highway N; yard and garden of White Marshall S
Habendum:
- to (3), to use of (3) for eve;
- to bar dower of Eleanor Marshall and Ann Colledge, (1) and (2) covenanted to levy a fine sur conizance de droit come ceo etc. to (3)
Ann Colledge signed by mark
Witnesses:
- George Finch;
- Francis Smales
(2 parchments)
Ref: D/X 373/1/8Will of John Stephenson of South Street, Durham, yeoman - 8 June 1796
- devising his messuage in South Street to his wife Ann for her life and widowhood, remainder to his sons Matthew, William and Stephen as tenants in common; remainder to his daughter or daughters;
- bequeathing his personal estate to his wife;
- appointing his wife sole executrix;
- John Stephenson signed by mark;
- witnesses: Thomas Brown; Peter Hull; Robert Routledge
(1 parchment)
Ref: D/X 373/1/9Feoffment 15 May 1799
Parties:
(1) White Marshall of Durham, taylor (only son and heir of Margaret Marshall late of South Street, Durham who died intestate and was widow of Thomas Marshall of South Street, taylor and also daughter of James White of Pimlico, Durham, barber and roper) and Eleanor, his wife;
(2) Thomas Cairnes of Weatherhill in Brancepeth, yeoman
Reciting:
- (2) had contracted purchase of (a) from (1) for £90
Operative Part
- (1) enfeoffed (a) to (2) for £90
Property:
(a) messuage and garden at the head of South Street, part of hereditaments called Almner alias Alman alias Amlan barnes alias Pimlico, late estate of James White and devised by him to Margaret Marshall (then Margaret White) bounding: king's highway E; close of ground of William Worthy W; messuage of John Stephenson and barn in occupation of Rev James Britton N; two gardens of Mark Hopper and Mrs Grey S; formerly in occupation of Thomas Wraugham, John Davison and Robert Hale
Habendum:
- to (2), to use of (2) for ever
Covenant
- by (1) to levy a fine sur conizance de droit come ceo etc. to (2)
Witnesses:
- Francis Smales;
- Ra: Lindsay
(1 parchment)
Ref: D/X 373/1/10Lease for a year forming part of a conveyance by lease and release for which see 11 - 23 January 1801
(1 parchment)
Ref: D/X 373/1/11Release 24 January 1801
Parties:
(1) Robert Dobson, late of Durham, now of Sherburn, butcher;
(2) Rev James Britton of Durham
Reciting:
- (2) had contracted purchase of (a) from (a) for £20
Operative Part
- (1) released (a) to (2) for £20
Property:
(a) messuage lately erected on land where a barn recently stood at the head of South Street, Durham, at Pimlico formerly in occupation of James White, afterwards Jane Mallam, widow, then Mr Robinson, then Ralph Saunders, then Robert Dobson, now James Britton, bounding: E on house late of Adeline White; W by house late of Robert Grey; S by garden late of Adeline White; N by king's highway
Habendum:
- to (2), to use of (2) for ever
Witnesses:
- Samuel Castle;
- Samuel Castle junior
(1 parchment)
Ref: D/X 373/1/12Copy will of Thomas Cairns of Ox Close, Stockley in Brancepeth 11 August 1813
- devising his house in South Street, Durham and bequeathing his personal estate to John Oliver of Brancepeth Park, farmer, Edward Smith of Bishop Middleham, gentleman and William Smith of Ketton, farmer in trust to pay rents and profits and occupy and carry on his farm for the benefit of his wife Elizabeth for her widowhood, remainder for the benefit of their children (Ann, Sarah, Thomas, Elizabeth, Mary, William, Eleanor and Jane) to be divided equally between them when the youngest became 21; also in trust to hold £600 for use of his wife with interest paid to her with power to her to dispose £200 of the £600 amongst her children; with power to his trustees to sell
- witnesses: John Willies; Ephraim Hall; Robert Brawn
(1 parchment)
Ref: D/X 373/1/13Lease for a year forming part of a conveyance by lease and release for which see 14 - 6 January 1815
(1 parchment)
Ref: D/X 373/1/14Conveyance by release 7 January 1815
Parties:
(1) John Oliver of Brancepeth Park, farmer; Edward Smith of Bishop Middleham, gentleman; William Smith of Ketton, farmer (devisees in trust in the will of Thomas Cairns late of Oxclose, Stockley in Brancepeth, farmer);
(2) Stephen George Kemble of Grove in Durham, St Margaret , esquire
Reciting:
- Thomas Cairns was seized of (a) which he devised to (1);
- (2) had contracted purchase of (a) from (1) for £141
Operative Part
- (1) released (a) to (2) for £141
Property:
(a) dwellinghouse with garden at head of South Street, Durham, part of hereditaments called Almer alias Alman alias Amlan Barnes alias Pimlico, formerly estate of James White, then Mary Marshall, then Thomas Cairns bounding: king's highway E; close and garden of Stephen George Kemble W; messuage late of John Stephenson and a barn of Stephen George Kemble N; two gardens of Mark Hopper and Mrs Grey S and in occupation of Joseph Elliott
Habendum:
- to (2), to use of (2) for ever
Witnesses:
- George Allison;
- Walter Scruton
(1 parchment)
Ref: D/X 373/1/15Conveyance 23 November 1841
Parties:
(1) Robert Arkwright of Sutton (Derbyshire), esquire and Frances Crawford, his wife;
(2) John Tiplady of Durham;
(3) Elizabeth Gray of Durham, widow
Reciting:
- (1) contracted sale to (2) (on behalf of (3)) for £310
Operative Part
- (3) paid £310, with privity of (2) and direction of Frances Crawford Arkwright to Robert Arkwright;
- (1) released and (2) released and quitclaimed (a) to (3)
Property [shown on included plan]:
(a) messuage formerly in occupation of John Stephenson, then Ann Longstaff at head of South Street, Durham formerly parcel of hereditaments called Almnor otherwise Alman otherwise Amlan Barns alias Pimlico, formerly estate of James White of Pimlico, barber and roper formerly in occupation of Mascall Brass;
(b) frontstead containing in length E-W 12 yards and in breadth N-S 6 yards bounding: messuage E; (c) W; queen's highway N; (d) S;
(c) messuage built on parcel of ground where a barn formerly stood in Pimlico formerly in occupation of James White, afterwards of Jane Mallam, widow, then Mr Robinson, then Ralph Saunders, afterwards in occupation of Robert Dobsob, then James Britton bounding: hose formerly of Adeline White, widow E; house formerly of Ralph Gray W; garden formerly of Adeline White S; queen's highway N;
(d) messuage with garden at head of South Street formerly part of hereditaments called Almer alias Alman alias Amlan Barns otherwise Pimlico, formerly estate of James White, then Mary Marshall, then Thomas Cairns bounding: queen's highway E; close or garden lately of Stephen George Kemble W; messuage formerly of John Stephenson and barn lately of Stephen George Kemble N and two gardens late of Mark Hopper and Mrs Gray S formerly in occupation of Joseph Eiilott;
- (a)-(d) now consisting of three cottages, barn and small garden, in occupation of William Worthy, Robert Must and others
Habendum:
- to (3), to use of (3), to use of (3) for ever
Witnesses:
- John Noton of Sutton;
- Richard Haslam of Sutton;
- John Day, clerk to Gregson & Tiplady of Durham, solicitors
(1 parchment)
Ref: D/X 373/1/16Conveyance 19 June 1850
Parties:
(1) Rachael Gray of 62 Basinghall Street, City of London, widow;
(2) John Gray of Dundas, Canada West (USA) but residing in Durham, printer; Benjamin Gray of Dundas, Canada West, clerk; Rebecca Gray and Rachael Gray both of 62 Basinghall Street, spinsters and Robert Gray of 62 Basinghall Street, grocer;
(3) Robert Gray of Durham, currier
Reciting:
- will of Ralph Gray, late of Claypath, Durham of 14 April 1798 devising his real estate to his brother John and Edward Hopper in trust to pay an annuity of £4 to his son Robert for his life, subject to trust for sale , the money to be held in trust for the testator's two grandsons John and Ralph Gray (sons of his late son Francis);
- death of Ralph Gray and proof of his will of 21 May 1798 in Durham consistory court;
- death of Robert Gray the annuitant in 1841;
- will of John Gray, grandson of Ralph Gray, of 13 March 1828, describing himself as of 1 George Terrace, Bermondsey (Surrey) devising to his wife Rachael for her life, remainder to be equally divided amongst his children of all property consisting of houses in Durham in occupation of the testator's mother and comprising (a)-(b);
- death of Ralph Gray on 17 April 1826 intestate leaving (3), his son, as his heir;
- (a)-(b) was never sold pursuant to the trust in the will of Ralph Gray and (1) and (2) had contracted sale to (3) for £140
Operative Part
- (3) paid £140 to (1) and (2);
- (1) and (2) released half part of (a)-(b) to (3)
Property:
(a) ground at S end of a street called South Street in Crossgate, Durham, St Oswald bounding: high road N-S on E; burgage formerly of Thomas White, cordwainer, now of Mark Hopper S; burgage called Heckle Hill of Susannah Gray, now of Elizabeth Gray, widow N; part of garden formerly of Thomas White, now of Mark Hopper and part of a close or garden formerly of dean and chapter of Durham, then in occupation of Dr John Bedford, late of Stephen George Kemble, now to dean and chapter of Durham W;
(b) ground at S end of South Street bounding: high road to Crossgate Moor N; premises formerly in occupation of Dr John Bedford, now of dean and chapter of Durham W; premises formerly in occupation of Michael Robinson, deceased, now of Elizabeth Gray E; close or garden formerly of Thomas White, now of Elizabeth Gray S;
- (a)-(b) formerly estate of John White, deceased, then George White, then Ralph Gray, deceased and devised in his will; with dwellinghouses erected on (a)-(b) and called Pimlico in occupation of Caroline Gray, widow and others
Habendum:
- to (3) for ever
Witnesses:
- John Tiplady of Durham, solicitor;
- Thomas Stacey of 41 Basinghall Street, London;
- John Bonner French of 1 Rock Place, Kingsland
(1 parchment)
Ref: D/X 373/1/17Conveyance and mortgage 2 December 1856
Parties:
(1) Robert Gray of Pimlico, Durham, currier;
(2) Elizabeth Gray of 15 Stanmore Street, Islington (Middlesex), widow;
(3) William Marshall of Durham, gentleman
Reciting:
- (1) was seized of (a)-(b)
- (2) had contracted purchase from (1) for £300;
- (2) had requested a loan of £200 from (3)
Operative Part
- (2) paid £100 to (1);
- (3) paid £200 to (1) by direction of (2);
- (1), by direction of (2), released (a)-(b) to (3)
Property:
(a) ground at S end of a street called South Street in Crossgate, Durham, St Oswald bounding: high road N-S on E; burgage formerly of Thomas White, cordwainer, now of Mark Hopper S; burgage called Heckle Hill of Susannah Gray, now of Elizabeth Gray, widow N; part of garden formerly of Thomas White, now of Mark Hopper and part of a close or garden formerly of dean and chapter of Durham, then in occupation of Dr John Bedford, late of Stephen George Kemble, now to dean and chapter of Durham W;
(b) ground at S end of South Street bounding: high road to Crossgate Moor N; premises formerly in occupation of Dr John Bedford, now of dean and chapter of Durham W; premises formerly in occupation of Michael Robinson, deceased, now of Elizabeth Gray E; close or garden formerly of Thomas White, now of Elizabeth Gray S;
- with dwellinghouses erected on (a)-(b)
Habendum:
- to (3) in trust for (2) allowing her to receive rents and profits until 2 June 1857 if she repaid the £200 and 5% interest to (3), with power of sale for (3) if default made
Witnesses:
- William Carr of 55 Claypath, Durham;
- N. Wedd Cooke of 31 Lincoln's Inn Fields (Middlesex), clerk to William Ford
(2 parchments)
44 Claypath, Durham (Ref: D/X 373/2)Ref: D/X 373/2/1Feoffment 2 September 1729
Parties:
(1) Jane Brasse of Claypath, Durham, spinster;
(2) Thomas Potts of Durham, glazier (nephew of (1))
Operative Part
- (1) enfeoffed (a) to (2) for natural love and affection for (2) and his advancement and valuable considerations
Property:
(a) messuage in Claypath, Durham containing in front 16 yards and in breadth E with yard belonging 24 yards bounding: king's high street S; close or garden late of James Finny DD and Jane, his wife N; house of Dr Finny and James, his wife in occupation of Nicholas Hopper W; house of Robert Stott E
Habendum:
- to (2), to use of (2) for ever
Witnesses:
- Margaret Brack;
- Thomas Smith
Witnesses to delivery of seisin:
- George White;
- John Danson;
- Thomas Smith
(1 parchment)
Ref: D/X 373/2/2Lease for a year forming part of a conveyance by lease and release for which see D/X 373/2/3 15 June 1812
(1 parchment)
Ref: D/X 373/2/3Conveyance by release 16 June 1812
Parties:
(1) Susannah Johnson of Claypath, Durham, widow (née Susannah Potts) and Elizabeth Potts of Claypath, spinster (sisters and co-heirs of Mary Potts late of Claypath, spinster, deceased and sisters and co-heirs of law of John Potts late of Durham, alderman, who was brother and heir at law of Jane Potts late of Claypath, spinster, deceased - Susannah Johnson, Jane Potts, Elizabeth Potts and Mary Potts being four daughters, devisees and legatees of Thomas Potts of Durham), gentleman);
(2) Rev Edward Davison of New Street, Durham (eldest son and heir at law of Edward Davison, late of Claypath, butcher who survived Thomas Potts, long since dead, eldest son of Thomas Potts the testator; Edward Davison the father and Thomas Potts the son were devisees in trust in will of Thomas Potts the father);
(3) Edward Fairclough of Claypath, house carpenter;
(4) John Graham of Claypath, gentleman
Reciting:
- (1) were seized of (a) and had contracted sale to (3) for £140;
- the legal estate and inheritance of (a) have descended to (2) and had agreed, by request of (1), to join in the conveyance
Operative Part
- (3) paid £140 to (1);
- (3) and (4) paid 10 shillings to (1) and (2);
- (2), at request of (1), and consent of (3) released and (1), with consent of (3), released (a) to (3) and (4)
Property:
(a) messuage and burgage in Claypath, Durham, containing in front 16 yards, in breadth backwards with yard belonging 24 yards bounding: king's high street S; close or garden of James Finny DD and Jane, his wife, now of John Handcock N; house of James Finny and Jane, his wife, formerly in occupation of Nicholas Hopper, now of Elizabeth Farrow, widow W, house late of Robert Stott, now of Robert Hutchinson E
Habendum:
- to (3) and (4), to uses subject to provisos charged with annual sums of money as (3) might appoint, to use of (4) during the life of (3), in trust for (3) to bar dower, to use of (3) for ever
Witnesses:
- John Griffith;
- George Patrick
(1 parchment)
Ref: D/X 373/2/4Conveyance 19 May 1855
Parties:
(1) Charles Wetherell of Durham, gentleman; Edward Fairclough of Durham, joiner and cabinet maker; James Henry Fairclough of Durham, upholsterer;
(2) George Goundry of Gilesgate, Durham;
(3) James Longstaff of Durham, gentleman
Reciting:
- conveyance of 19 September 1851 from (i) Edward Fairclough the elder of Durham, carpenter (now dead) to (ii) Charles Wetherell, Edward Fairclough and James Henry Fairclough of divers messuages in Claypath (subject to mortgage securities) including (a) in trust for benefit of (i) and Ann, his wife, remainder in trust for sale;
- death of Ann Fairclough on 10 July 1853 and of Edward Fairclough the elder on 8 January 1854;
- (1) contracted sale of (a)-(b) to (3) for £345
Operative Part
- (3) paid £345 to (1);
- (1) released (a)-(b) to (3)
Property:
(a) messuage with yard and garden behind at 44 Claypath, on N side in occupation of James Longstaff containing front and back E-W 9 yards, the yard of garden containing in breadth E-W at S end 7¼ yards and at N end 8 yards, in length S-N 26 yards and bounding: nigh street of Claypath S; close formerly of James Finney and Jane, his wife, afterwards John Hancock, now Robert Tiplady and in occupation of John Kirton's representatives N; partly by house formerly of James Finney and Jane, his wife, afterwards in occupation of Nicholas Hopper, afterwards Elizabeth Farrow, widow, now of Henry Marshall and in occupation of Stephen Nevison and partly by garden of Henry Marshall now in occupation of Mrs Watson and partly by close of Robert Tiplady W; house or garden lately of Edward Fairclough and contracted to be sold to William Brown E;
(b) half part of pew No. 92 in St Nicholas' church, Durham
Habendum:
- to (3), to use of (3) for ever subject to payment of annual fee farm rent of 5 shillings to Rev W. G. Sawyer and annual payment of 1s 6d Land Tax;
- declaration of (3) to bar dower
Covenant:
- by (2) to produce conveyance of 19 September 1851 on demand to (3)
Witnesses:
- William Carr, clerk to William Marshall of Durham;
- William Marshall, clerk to William Marshall of Durham;
- John Orwin of Western Hill, Durham
(1 parchment)
Ref: D/X 373/2/5Mortgage 21 May 1855
Parties:
(1) James Longstaff of Durham, gentleman;
(2) James Crofton of Littleburn, gentleman
Reciting:
- D/X 373/2/4;
- (2) had agreed to lend £200 to (1)
Operative Part
- (2) paid £200 to (1);
- (1) released (a)-(b) to (2)
Property:
(a) messuage with yard and garden behind at 44 Claypath, on N side in occupation of James Longstaff containing front and back E-W 9 yards, the yard of garden containing in breadth E-W at S end 7¼ yards and at N end 8 yards, in length S-N 26 yards and bounding: nigh street of Claypath S; close formerly of James Finney and Jane, his wife, afterwards John Hancock, now Robert Tiplady and in occupation of John Kirton's representatives N; partly by house formerly of James Finney and Jane, his wife, afterwards in occupation of Nicholas Hopper, afterwards Elizabeth Farrow, widow, now of Henry Marshall and in occupation of Stephen Nevison and partly by garden of Henry Marshall now in occupation of Mrs Watson and partly by close of Robert Tiplady W; house or garden lately of Edward Fairclough and contracted to be sold to William Brown E;
(b) half part of pew No. 92 in St Nicholas' church, Durham
Habendum:
- to (2) subject to payment of annual fee farm rent of 5 shillings to Rev W. G. Sawyer and annual payment of 1s 6d Land Tax and with proviso for equity of redemption for (1)
Witness:
- John Orwin of Western Hill, Durham
(1 parchment)
Ref: D/X 373/2/6Deed of disclaimer by Thomas Jones of Queen Street, Durham - 12 December 1861
- reciting will of James Longstaff of Durham, gentleman of 4 September 1856 devising real estate to his wife Sophia Jane and Thomas Jones in trust and appointing them executors;
- reciting death of James Longstaff on 13 March 1857;
- witnessing renouncing trusteeship and executorship of will of James Longstaff;
- witness: John Watrson of Durham, solicitor
(1 parchment)
Ref: D/X 373/2/7Assignment of mortgage 11 January 1862
Parties:
(1) James Crofton of Littleburn, gentleman;
(2) Sophia Jane Longstaff of Durham, widow;
(3) Thomas Tiplady, tailor and draper, Henry Harrison, butcher, John Dogherty, carpet weaver, Henry Marshall, attorney at law and Richard White, grocer all of Durham, trustees of Loyal Star of the North Lodge, auxiliary branch of Durham District of Independent Order of Odd Fellows, Manchester Unity Friendly Society
Reciting:
- D/X 373/2/5;
- will of James Longstaff of 4 September 1856 appointing his wife Sophia Jane and Thomas Jones as trustees and executors and guardians of his children and devising his real estate to him;
- death of James Longstaff on 13 March 1857 and proof of his will by Sophia Jane Longstaff on 14 December 1861 in Durham District Probate Registry;
- D/X 373/2/6;
- the share of the daughter of James Longstaff in the friendly society was paid off during the life of James Longstaff leaving a quarter share of value of £8.4.0 and a share in the name of the son of James Longstaff of £19.18.0 and both had been paid to (2);
- £200 mortgage remained due to (1) but all interest had been paid;
- (2) had requested (3) for an advance of £250 to pay off the mortgage and for other needs
Operative Part
- (3), by direction of (2), paid £200 to (1);
- (3) paid £50 to (1);
- (1), by direction of (2), granted (a)-(b) to (3)
Property:
(a) messuage with yard or garden behind numbered 44 Claypath, Durham, on N side, in occupation of Sophia Jane Longstaff containing front and back E-W 9 yards, the garden containing in breadth E-W 7¼ yards, in length S-N 26 yards bounding: high street of Claypath S; close formerly of John Hancock, now of Robert Tiplady N partly by house formerly of Elizabeth Farrow, widow, afterwards Henry Marshall, now in occupation of Thomas Rennison, partly by garden of Henry Marshall W, house and garden formerly of Edward Fairclough E;
(b) half part of new No. 92 in St Nicholas' church, Durham
Habendum:
- to (3) discharged from equity of redemption in mortgage of 21 May 1855 but subject to equity of redemption for (2)
Witnesses:
- George Smith of Durham, solicitor;
- William Atkinson, clerk to John Watson of Durham, solicitor
(2 parchments)
Ref: D/X 373/2/8Conveyance 28 October 1880
Parties:
(1) Charles Ferguson Smith of Durham, gentleman; Thomas White of Durham, grocer; William Sarsfield of Durham, chemist; William Pallister of Durham, blacksmith; James Chambers of Durham, gentleman (trustees of Loyal Start of the North Lodge, auxiliary branch of Durham District of Independent Order of Odd Fellows, Manchester Unity Friendly Society);
(2) William Hodgson of Durham, painter
Reciting:
- D/X 373/2/7;
- deaths of Thomas Tiplady, Henry Harrison and John Dogherty and resignations of Henry Marshall and Richard White;
- default in payment of interest by virtue of mortgage of 11 June 1862;
- in exercise of their powers of sale (1) had agreed sale to (2)
Operative Part
- (2) paid £315 to (1);
- (1) granted (a) to (2)
Property:
(a) dwellinghouse with yard and garden behind being 44 Claypath, on N side of the road, formerly in occupation of Sophia Jane Longstaff, now of Bowden & Company and William McIntyre containing in front and back E-W 9 yards, yard or garden containing in breadth E-W at S end 7¼ yards, at N end 8 yards, in length S-N 26 yards bounding: high street of Claypath S; close formerly of James Fenney and Jane, his wife, afterwards John Hancock, then Robert Tiplady, formerly in occupation of John Kirton's representatives now in occupation of Henry Browden; N by house formerly of James Fenney and Jane, his wife, afterwards in occupation of Nicholas Hopper, afterwards Elizabeth Farrow, widow now of Henry Marshall formerly in occupation of Stephen Nevison, now in occupation of Thomas Henry Smith, partly by garden of Henry Marshall, now or late occupied by Mrs Watson and partly by close formerly of Robert Tiplady, now of Henry John Marshall W, house and garden formerly of Edward Fairclough then of William Brown, now of William Hodgson E;
(b) half part of pew No. 92 in St Nicholas's church, Durham
Witness:
- William Herbert, clerk to James Chambers of Durham, solicitor
(1 parchment)
71½ Claypath, Durham (Ref: D/X 373/3)Ref: D/X 373/3/1Abstract of title of trustees and executors of Rev Thomas Eldon to a freehold dwellinghouse and garth No 71½ Claypath Durham now in the occupation of Mr Hornsby & contracted to be sold to Robert Thwaites - 1854
(I) Lease and release of 28-29 April 1818
Parties:
(1) Thomas Hopper of Hendon (Sunderland), esquire, Robert Botcherby of Darlington, merchant, Richard Smith of Tibbington House near Tipton (Staffordshire), banker, William Farrer of Bread Street, City of London, merchant and Thomas Clark of Darlington, merchant (assignees of estate and effects of William Shields late of Durham, banker);
(2) William Shields;
(3) Christopher Ebdon of St Nicholas', Durham, gentleman
Reciting:
- (a)-(i) were, inter alia, charged with two annuities of £42 and £14 payable to Joseph Boruwlaski [Józef Boruw¿aski] of Durham, gentleman for his life;
- commission in bankrupt dated 22 July 1815 awarded against William Shields and his co-partners in trade (Arthur Mowbray, George Lewis Hollings, John Wetherell, William Shields, William Boulton and Richard Stokes of Durham, Darlington, Thirsk (Yorkshire) and Lothbury (London)), bankers, partners, dealers and chapman;
- (1) were appointed and made assignees of the bankrupts and in several indentures of bargain and sale of 22 July, 8 August, 9 October and 10 October 1815 all estates of the bankrupts had been conveyed to (1) (subject to such mortgages or other incumbrances) in trust for sale for benefit of the creditors;
- (1) had contracted sale of (a)-(i) to (3) freed from all mortgages, annuities, (particularly those of £42 and £14 for Józef Boruw¿aski) for £450;
- (3) had received satisfactory security to indemnify him against payment of the two annuities
Operative Part
- (3) paid £450 to (1);
- (3) paid 10 shillings to (1);
- (1) and (2) released and confirmed (a)-(i) to (3)
Property:
(a) frontstead and garth with appurtenances adjoining (b), formerly of George Paxton, deceased called Thorntree Garth formerly used as a brick garth, formerly estate of Ann Mann, deceased;
(b) garth or parcel of ground called Thorntree Garth formerly of Ann Forster, widow extending from North Hedge on which an ash tree formerly grew to the South Hedge;
(c) Tenter Close or Tenter Garth, formerly estate of George Paxton and Sarah Paxton formerly in occupation of John Starforth,
- (a)-(c) late estate of William Paxton of Manchester (Lancashire), manufacturer and sold to William Shields;
(d) dwellinghouse with garth or garden behind;
(e) piece of ground adjoining (d) and containing in length N-S 70 yards, 1 foot and in breadth E-W 13½ yards upon part of which a windmill lately stood;
- (d)-(e) were formerly estate of Ann Mann, afterwards Jane Banks, widow also formerly of Henry Doubleday, afterwards William Cummin, late of John Lofthouse of Durham, chemist and druggist and sold by him to William Shields;
- (a)-(e) on S side of Claypath, Durham and previously described as site of a messuage with garth or garden behind;
- (f) close of ground of 1 acre, 7 perches;
- (g) close of 1 acre, 3 roods, 2 perches;
- (h) garden or parcel of ground containing 1 rood, 6 perches;
- (i) garden of ground containing 12 perches;
- (a)-(i) bounding: houses of John Wolfe and a lane or passage called Tinklers Lane E; houses and ground late of George Burrell, John Sill, John Fraker, John Taylor, Christopher Ebdon and Thomas Chipchase and ground of the public school of Claypath W; Claypath and houses and ground of John Wolfe, George Burrell, John Taylor, Christopher Ebdon, a passage leading to Claypath and houses and ground of John Lawson and to John Fraker and William Cummings and the burial ground of the Community of Quakers N; garden, orchard and parcel of ground lately conveyed by John Lofthouse to William Shields and contracted to be sold by (1) to John James S
Habendum:
- to (3) for ever
(II) Will of Christopher Ebdon of St Nicholas', Durham 19 July 1812
- bequeathing to his wife £100 per annum exclusive of annuities she currently enjoyed and devised house and furniture presently occupied on N side of Claypath for her life;
- devising the residue of his real estate to his son, on his paying his mother the £100 annuity;
- appointing his son sole executor;
- death of Christopher Ebdon on 29 November 1824 leaving his only child Thomas as his heir at law
- proof of his will in Prerogative Court of York 10 March 1825 on deposition as to the validity of the will by John Leyburn of Durham, gentleman and Thomas Chipchase junior of Durham, merchant;
- death of the wife of Christopher Ebdon on 3 October 1820, and her interment with her husband in Elvet churchyard
(III) Copy lease and release of 18-19 December 1833
Parties:
(1) Thomas Ebdon;
(2) Thomas Christopher Maynard of Durham, gentleman;
(3) John Henderson of Durham, gentleman
Reciting:
- (I);
- death of Christopher Ebdon;
- (2) had agreed purchase from (1) of (a) for £395
Operative Part
(2) paid £395 to (1);
- (1) released (a) to (2)
Property [shown on included plan]:
(a) two closes on S side of Claypath immediately joining the street, the N most containing 1 acre, 29 perches and the S most 1 acre, 2 roods, 13 perches in occupation of John Henderson bounding: coach house, yards etc late of John Wolfe, deceased and Tinklers Lane E; house of George Burrell, a yard or garden of John Taylor and yards and gardens late of Thomas Ebdon (the yards and gardens were part of the hereditaments purchased by Christopher Ebdon not intended to be sold) W; part yard or garden of William Cummin, part of yards or gardens of Thomas Ebdon, by Claypath and coach house, buildings etc of John Wolfe N; lands late of John James, then to Russell Bowlby, esquire S
Habendum:
- to (2), to uses of (2), to (2) for his life, to (3) during the life of (2), in trust for (2), to use of (2) for ever
(IV) Will of Thomas Ebdon of 28 October 1856
- devising his real estate and bequeathing his personal estate, charged with annuities, to Ignatius Bonomi of Durham, gentleman and Rev Edward Sneyd, vicar of St Oswald, Durham in trust for sale;
- death of Thomas Ebdon on 18 November 1852 and proof of his will in Durham consistory court on 9 April 1853
(11 pages)
Ref: D/X 373/3/2Conveyance 21 November 1854
Parties:
(1) Ignatius Bonomi of Durham, gentleman and Rev Edward Sneyd, vicar of St Oswald, Durham (trustees and executors of Rev Thomas Ebdon of Durham);
(2) Richard Thompson of Durham, gentleman;
(3) Robert Thwaites of Durham, gentleman;
(4) William Trueman of Durham, chemist and druggist
Reciting:
- at the time of his death Rev Thomas Ebdon was seized of (a);
- will of Thomas Ebdon devising his real estate to (1) in trust for sale;
- death of Thomas Ebdon on 18 November 1852and proof of his will on 9 April 1853 in Durham consistory court;
- (a), on 13 September 1854 were offered for sale by public auction at which (2) was highest bidder for £200, (2) declaring that he acted as agent for (3)
Operative Part
- (3) paid £200 to (1);
- (1) conveyed (a)-(b) to (3)
Property [as shown on included plan]:
(a) dwellinghouse in Claypath, Durham, numbered 71½ (behind dwellinghouse of Ignatius Bonomi and Edward Sneyd as trustees contracted to be sold to Matthew Dean) in occupation of Robert Hornsby;
(b) garden and ground behind (a) and containing N-S at E side several linear quantities of 33 feet, 19 feet 6 inches and 40 feet; at W end several linear quantities of 30 feet and 58 feet 6 inches; E-W at N side 76 feet and on S side several linear quantities of 24 feet, 4 inches, 26 feet, 2 inches, 7 feet, 3 inches and 23 feet 3 inches
- bounding: dwellinghouse contracted to be sold to Matthew Dean N; property of Ignatius Bonomi and Edward Sneyd contracted to be sold to Matthew Dean N; property of Ignatius Bonomi and Edward Sneyd contracted to be sold to William Robison and other property of Ignatius Bonomi and Edward Sneyd in occupation of Mrs Mohun W; property of Robert Thwaites S and land of Robert Thwaites E;
- with right of way over a passage leading to Claypath
Habendum:
- to (3), to use of (3), to (3) for his life, to (4) to the use of (3), in trust for (3), to use of (3) for ever
Witnesses:
- J. G. Hargreaves of Durham, solicitor;
- Richard Thompson of Durham, solicitor
(11 parchment)
Ref: D/X 373/3/3Mortgage 5 May 1859
Parties:
(1) Robert Thwaites of Leazes Place, Durham, gentleman;
(2) George Robson, chemist, George Walker, printer, John Colpitts, brewer and John Taylor Duncan, newspaper proprietor, all of Durham (trustees of City & County of Durham Permanent Benefit Building Society)
Reciting:
- D/X 373/3/1
- (1) was a member of the society and had subscribed for two first class shares and was thus entitled to receive £200 loan for five years
Operative Part
- (2) paid £200 to (1);
- (1) conveyed (a)-(b) to (2)
Property [as shown on included plan]:
(a) dwellinghouse in Claypath, Durham, numbered 71½ (behind dwellinghouse of Matthew Dean) in occupation of John Dickinson
(b) garden and ground behind (a) and containing N-S at E side several linear quantities of 33 feet, 19 feet 6 inches and 40 feet; at W end several linear quantities of 30 feet and 58 feet 6 inches; E-W at N side 76 feet and on S side several linear quantities of 24 feet, 4 inches, 26 feet, 2 inches, 7 feet, 3 inches and 23 feet 3 inches
- bounding: dwellinghouse contracted to be sold to Matthew Dean N; property of Matthew Dean N; property of William Robison and other property of Ignatius Bonomi and Edward Sneyd in occupation of Mrs Mohun W; property of Robert Thwaites S and land of Robert Thwaites E;
- with right of way over a passage leading to Claypath
Habendum:
- to (2) subject to proviso for equity of redemption for (1)
Witness:
- Richard Peele, clerk to Thompson & Lisle of Durham, solicitors
(4 pages)
Ref: D/X 373/3/4Conveyance 30 May 1889
Parties:
(1) Frederick William Morgan, photographer, Alfred John Morgan, chartered accountant and George Pattison Blagdon, leather merchant all of Durham;
(2) Frederick William Morgan, Alfred John Morgan and Ada Toward Blagdon, wife of George Pattison Blagdon;
(3) Dora Crozier, wife of William Crozier of Durham, county surveyor
Reciting:
- Frederick Morgan, late of Durham, gentleman was seized of (a)-(c), inter alia, at his death on 23 January 1888 and by his will of 7 June 1865 devised and bequeathed his real and personal estate to his wife Mary Ann for her widowhood, remainder to John Toward in trust for sale, standing possessed of the sale monies in trust to invest for benefit of the testator's children and appointing his wife Mary Ann and John Toward as joint executors;
- codicil to the will of Frederick Morgan of 16 November 1878 reciting the deaths of John Toward and Mary Ann Morgan and appointing George Pattison Blagdon and William Burn as trustees and executors;
- codicil to the will of 8 May 1884 revoking appointment of George Pattison Blagdon and William Burn, replacing them with his sons Frederick William and Alfred John Morgan and also George Pattison Blagdon;
- proof of will and codicils of Frederick Morgan in Durham District Probate Registry on 21 March 1888;
- Frederick Morgan left four children: Frederick William Morgan; Alfred John Morgan; Ada Toward Blagdon and Dora Crozier who agreed to treat certain parts of the real estate of Frederick Morgan as covenanted and have requested (1) to convey to each of them such parts as they have agreed to accept in satisfaction of the share of proceeds to which they would have been entitled;
- (3) agreed to accept (a)-(c) as her share with a share of certain in hereditaments in Sadler Street, Durham and the entirety of certain other hereditaments in Framwellgate, Durham;
- (1), at request of (3) and concurrence of (2) agreed to convey (a)-(c) to (3)
Operative Part
- (1), with consent of (2), conveyed (a)-(c) to (3)
Property:
(a) messuage in Claypath, Durham, numbered 71½, (behind a messuage formerly of Ignatius Bonomi and Edward Sneyd as trustees under the will of Rev Thomas Eldon and sol by them Matthew Dean), in occupation of Joseph Oliver;
(b) garden ground and premises behind (a) and containing N-S at E end several linear quantities of 33 feet, 19 feet 6 inches and 40 feet, at W end several linear quantities of 30 feet and 58 feet 6 inches, from E-W at N side 76 feet, at S side several linear quantities of 24 feet 4 inches, 26 feet 2 inches, 7 feet 3 inches and 23 feet 3 inches bounding: messuage sold to Matthew Dean N; property formerly of Jane Wortley, now of Thomas Wortley and other property formerly of William Elliot Earle and others but now of Robert Dryden W; premises formerly of Robert Thwaites S and E;
(c) right of way through a passage to Claypath
Witness:
- J. A. Ornsby of Durham, solicitor
(3 pages)
Ref: D/X 373/3/5Abstract of title to freehold premises No. 71½ Claypath in the City of Durham belonging to the estate of Mrs Dora Crozier deceased 1924
- abstracted by J. Mawson & Son of Durham, solicitors
(I) Inland Revenue form - application for a certificate under S. 11(1) of the Finance Act 1894 regarding estate duty paid on death of Dora Crozier on 24 April 1919
(II) D/X 373/3/4
(III) Will of Dora Crozier of 17 September 1901 appointing William Crozier and A. J. Morgan of Hartlepool, accountant as executors and trustees and devising and bequeathing her real and personal estate to them in trust (during the lifetime of her husband with his consent) for sale
(IV) death of Dora Crozier of 24 Harlow Moor Drive, Harrogate (Yorkshire) on 24 April 1919
(V) Proof of the will of Dora Crozier in Wakefield District Probate Registry on 18 August 1919
(5 pages)
Plot of Land in Witton Gilbert (Ref: D/X 373/4)Ref: D/X 373/4/1Abstract of title of Mrs Martha Metcalf to a plot of land situate near to Witton Gilbert in the County of York [sic] 1903
- prepared by Edmundson & Gowland of Ripon and Masham (Yorkshire)
(I) Will of William Langdale Metcalf of Bedale (Yorkshire), hairdresser 20 January 1874
- devising and bequeathing real and personal estate to his wife Martha, whom he appointed sole executrix
(II) Death of William Langdale Metcalf on 22 December 1897
(III) Proof of will of William Langdale Metcalf in York District Probate Registry on 17 February 1898
(1 page)
Miscellaneous (Ref: D/X 373/5)Ref: D/X 373/5/1Commission to empower to take and swear affidavits to be made use of in the Court of Pleas at Durham 14 August 1874
- to Alfred Oxnard Smith of Durham, gentleman
(1 parchment)
Ref: D/X 373/5/2Commission to empower to take and swear affidavits to be made use of in the Court of Chancery at Durham 18 August 1874
- to Alfred Oxnard Smith of Durham, gentleman
(1 parchment)
Ref: D/X 373/5/3Commission to empower Alfred Oxnard Smith of Durham, solicitor, as Registrar of the Chancery of Durham on the resignation of John Watson - 16 February 1881
(4 pages)
Ref: D/X 373/5/4Letter from W. L. Metcalf at Bedale (Yorkshire) to John Straughan, Westeran Cottage, Durham - 13 August 1883
'Sir in consequence of the 14th falling on our Market day I shall not be able to come on that day but all been well I purpose comming on Wednesday the 15th for my rent for half of the field on Crossgate moor and you said in your letter to me that the Solicitor of the late H Hodgson told you that they would make a clame for 1/8 of it but before that is done they must make their clame but you now how the rent due to me what it is and I shall for it and have it so you can do as you like with the solicitors so now I have warned you so that no blame will fall on me as for me I can shew you my clame when I come'
(1 page)
Ref: D/X 373/5/5Letter from W. L. Metcalf at Bedale (Yorkshire) to John Straughan - 19 February [1884?]
'Received this day the sum of 1£ the half years rent due on the 14th of Feb for the land on Crossgate Moor'
(1 page)
Ref: D/X 373/5/6Commission to empower to take and swear affidavits to be made use of in the Court of Chancery at Durham 14 March 1889
- to Alfred Oxnard Smith the younger of Durham, gentleman
(1 parchment)
Ref: D/X 373/5/7Commission to empower Alfred Oxnard Smith of Durham, solicitor, as Registrar of the Chancery of Durham - 25 June 1894
(1 parchment)
Ref: D/X 373/5/8Medical certificate of cause of death - 14 January 1924
- of Thomas Pryse Lloyd, insurance surveyor, aged 48;
- from (I) acute phthisis, (II) Toxaemia, cardiac failure
(1 page)
Ref: D/X 373/5/9Commission to empower Hugh Leslie Swinburne as Registrar of Chancery of the County Palatine of Durham - 10 July 1946
(1 page)
Ref: D/X 373/5/10Letter from Hugh Leslie Swinburne to Under Secretary of State at the Home Office- 18 July 1946
'I beg to acknowledge receipt of your letter of the 16th instant enclosing Appointment as Registrar of the Chancery of the County Palatine of Durham under the Royal Sign Manual. I observe that the question of appointment of Deputies among other matters is vested in the Principal Secretary'
'I should be glad to know whether he is prepared to appoint Mr Arthur Reynolds Killingworth White in this capacity. This gentleman is a partner in this firm and deals particularly with the Equity side of our work and is in my respectful submission a fit and proper person in whom I can place confidence as Deputy. I have already mentioned this matter to the Chancellor and such appointment would meet with his approval'.
'You will appreciate that after a lapse of over 3 months there are arrears of work to be dealt with, a good deal of re-organisation to face and at a time when summer vacations are upon us. I have not myself had a vacation for over 7 years and am proposing to be absent during August and would much appreciate it if Mr White was available to deal with routine matters during my absence. I shall in due course be presenting to you other aspects which have arisen'
(1 page)
Ref: D/X 373/5/11Letter from J. A. N. Ewsam at the Home Office, Whitehall (Middlesex) to Hugh Leslie Swinburne at Market Place, Durham - 6 September 1946
'I am directed by the Secretary of State to express regret for the delay in replying to your letter of the 18th July about the appointment of a Deputy Registrar of this Court'
'The Secretary of State considers that your Deputy should be appointed by you, and as the Chancellor of the Court and you are agreed on the proposes appointment of Mr. A. R. K. White, he concurs with that proposal'
(1 page)
Ref: D/X 373/5/12Letter from Hugh Leslie Swinburne of 21 Market Place, Durham to Under Secretary of State at the Home Office, Whitehall (Middlesex)
'I am much obliged by yours of the 6th inst and must apologise if I have troubled you unduly in this matter and whilst respectfully agreeing with your direction that the appointment of a Deputy should rest with me I had in mind the terms of my Warrant which you will observe directs that various matters including the appointment of deputies should from time to time rest with one of His Majesty's Principal Secretaries of State'.
'As I think you should have a copy for reference I enclose herewith a duplicate of the appointment signed by myself'
(1 page)
Ref: D/X 373/5/13Copy letter appointing Arthur Reynolds Killingworth White, solicitor of the Supreme Court as deputy Registrar of the Court of Chancery of the County Palatine of Durham - 17 September 1946
(1 page)
