(1) Francis Fane of Fulbeck, esq., nephew and one of the two coheirs at law of Henry Heron, late of Cressey Hall, esq., deceased, and one of the devisees named in his will.
(2) Dame Ann Fraiser of Edinburgh, Scotland, widow, the sister and the other of the two coheirs-at-law of Henry Heron, and one other of the devisees in his will.
(3) Patrick Heron the elder of Heron, co. Galloway, Scotland, esq., one other of the devisees, and Patrick Heron the younger of the same, gent., the eldest son and heir apparent of Patrick Heron the elder.
(4) Thomas Weldon of par. St. George, Hanover Square Middx., esq. and the Right Hon. Lady Charlotte his wife, acting executrix of the will of William, late earl of Yarmouth, deceased, who survived the Right Hon. Edward Henry, late earl of Litchfield.
(5) William Edwards of the Middle Temple, London, esq., and John Edwards of London, merchant.
(6) Alexander Hamilton of Lincoln's Inn, gent., and Charles Baldwyn of Lincoln's Inn, gent.
Recites: A. that Henry Heron, being indebted to divers persons in considerable sums of money, made his will on 9 April 1726 in which he ordered that a handsome monument should be erected over him costing £100 at least. He devised his capital messuage called Cressey Hall, and his manors of Surfleet and Heckington and his lands etc. in Surfleet, Heckington, Gosberton, Quadring, and Weston to John Nicholas esq., Stephen Barnes, esq., since deceased, Thomas Barnes, gent., and Nicholas Hall, gent. and their heirs. They were to hold to the use of Francis Fane for his life, then to the use of the trustees (above) during the life of Francis Fane, upon trust to support the contingent uses, but to permit him to receive the profits to his own use for life; and after his death, to the use of the first and every other son of Francis Fane in tail male; and in default of such, to the use of Dame Ann Fraiser, then wife of Sir Peter Fraiser, during the term of her life; and after her death, then to the use of Patrick Heron the elder for his life, remainder to the trustees during his life to preserve contingent remainders, remainder to the first and every other son of Patrick Heron in tail male. In default of such issue, he gave the said lands etc. to Nicholas Hall, his heirs and assigns for ever. He gave to his wife Abigail Heron the use of all his pictures, household goods, furniture and plate that should be in his house at Cressey Hall at time of his death for term of her life only. He gave various legacies. He appointed Francis Fane his executor. He died on 10 September 1730, without issue, leaving Abigail Heron his widow and Dame Ann Fraiser, the sister of Henry Heron, and the said Francis Fane the eldest son and heir of Dorothy Fane, deceased, one other of the sisters of the said testator, his heirs at law. Francis Fane proved the will and possessed himself of his personal estate.
Recites that the personal estate not being nearly sufficient to pay his debts, legacies, and funeral charges, John Brown, Lot Mael, Richard Calthrop and John Chamberlain, several of the creditors of Henry Heron, on behalf of themselves and the other creditors and all other the legatees named in the will on 3 May 1731 exhibited their bill in Chancery against the said Francis Fane, executor, and against Abigail Heron his widow and against John Nicholas and Thomas Barnes, the surviving trustees and against Dame Ann Fraiser, who was also one of the testator's coheirs, and against Patrick Heron the elder and Patrick Heron the younger and against Benjamin Hoar and Henry Hoar and also against Jane Hoar, the latter three being executors of Henry Hoar esq. then deceased, who had a mortgage on part of the testator's estate for £3,000, and against Thomas Crawford and Elizabeth his wife, Benjamin Ingram and Henry Heron an infant (Benjamin having an incumbrance upon the testator's real estate by bond and judgment for securing certain annuities to Elizabeth Crawford and to Henry Heron the infant). They prayed for an account of the testator's, real and personal estates, and if the personal estate fell short of paying the testator's debts and legacies, then to have a competent part sold for the purpose. The cause was heard on 11 Dec. 1732 and the matter was referred to one of the Chancery Masters to see what was due to the defendants, the executors of Henry Hoar, for principal and interest on his mortgage, and that Francis Fane should come to an account for the testator's personal estate come to his hands. It was decreed that if the testator's personal estate was insufficient to meet his debts and legacies, then so much of his real estate as should be sufficient should be sold to the best purchaser.
B. That afterwards Abigail Heron, the testator's widow, died, whereby her estate in jointure fell into possession. By an order dated 15 Nov. 1734 it was ordered that the personal estate of the testator, specifically devised to Abigail Heron his widow, for her life, should be sold with the approbation of the Master. If the same, together with the personal estate of the testator, should not be sufficient to pay his debts, the Master of the Rolls ordered that Francis Fane ought to pay the interest due to the executors of Henry Hoar on his mortgage, since the testator's death and to keep down the interest during his life.
C. Master Spicer's report on the case, dated 9 Aug. 1736, in which he certified that he had taken an account of the testator's personal estate not specifically devised which had been received by Francis Fane, and had set forth the particulars and values (£902.7.3½d.); that he had proceeded to take an account of the several sums which Francis Fane had laid out for the funeral and for several of the testator's debts and legacies, and had given him credit for £750 for the value of the annuities; that he had set forth an account amounting to £1909.Os.4¼d. which exceeds the amount received by the executor; and that he had set forth a particular of the debts and legacies, amounting to £5081.ls.01/2d. Total of the testator's debts, legacies, and funeral charges unpaid: £6087.1 1/4d. Costs taxed totalled £581.16s.3d., which brought the total of debts to £6669.10s.4 1/4d. Persons accepting mortgages of the estate were to pay the principal to Fane, who was to distribute it amongst creditors and legatees.
D. That the pictures, household goods, furniture and plate specifically devised to Abigail Heron for life, being very old and worth little to be sold, but being suitable to the mansion house, Dame Ann Fraiser and Patrick Heron, to whom the estate is given in case of the death of Francis Fane without issue male, have agreed with Francis Fane that the same shall not be sold but shall all remain at the said messuage and shall be delivered to such person who shall be entitled to the said messuage after the death of Francis Fane. By an order of Chancery dated 26 July 1738, it was ordered that Francis Fane should be at liberty to waive the receiving of the £750 for the value of the annuities, that only £5919. 10s.4 1/2d. should be raised by mortgage, and that the agreement about not selling the goods from Cressey Hall should be confirmed.
E. That Francis Fane has borrowed £3,000 of William Hamilton of Lincoln's Inn, esq. and Margaret Lilly late of Richmond, Surrey, and now of Shelley, Essex, widow, which has been paid to Benjamin Hoar and Henry Hoar in discharge of the principal money due on the said mortgage, and by a deed of even date Benjamin Hoar and Henry Hoar have assigned to William Hamilton and Margaret Lilly part of Henry Heron's real estate previously in mortgage to Henry Hoar. Therefore now only £2919.10s.4 1/4d. remained to be raised by mortgage, which William and John Edwards have agreed to advance.
(1), by the direction of (2) and (3) and (2) and (3) themselves demise to (5).
Property: manor and manors of Surfleet and Risegate and Cressey Hall and capital messuage or manor house of Cressey Hall with appurtenances, and the meadow or pasture ground called the East Parks lying near the Manor House (20ac.), heretofore in the occupation of Thomas Baxter, and the closes called Sweetlands, the Loyes, and Willow Tree Meadow (73ac.), Messuage or tenement and lands and hereditaments in Surfleet, North Drove, and the Furlongs (81/2ac.), and messuage or tenement and parcels of lands near Surfleet River in Tayes and Short Bendyke. Messuage or tenement and parcel of ground called Market Stead Green (11ac.). Messuage or tenement and parcels of land, meadow, or pasture ground in Risegate. Messuage or tenement and parcel of land, meadow, or pasture (6ac. 1r.) lying in two tofts. Messuage or tenement and the several parcels of land, meadow, and pasture ground thereto belonging, lying near Surfleet Bridge, Long Drove, Short Drove, Hungat Field, and Sherhaw Field (30ac.). Messuage or tenement and parcels of land, meadow, and pasture lying in the Out Parkes (13ac.), and the parcel of land or pasture ground lying in the Breach (10ac.). Messuage or tenement and appurtenances in Risegate and the Out Parkes (15ac.). Messuage or tenement and appurtenances (16ac.). Messuage or tenement and appurtenances in Long Drove (16ac.). Messuage or tenement and appurtenances lying near Surfleet River Cocke Taufts, Sparke Green and Sherhaw (23ac. 1r.). Messuage or tenement and appurtenances in Long Philip Tufts, Risegate, Margate Green Tauft and Long Drove (45a. 1r.). Messuage or tenement and appurtenances in Risegate (17ac.). Messuage or tenement with appurtenances and several parcels of land, meadow, and pasture ground lying near Surfleet River Cockhurne, the Little Green, Teasfield and New Lands (541/2 ac.), all in Surfleet, Gosberton, Pinchbeck, Quadring, and Swineshead.
And close or parcel of arable, meadow, or pasture ground in par. Heckington called the South part of the East Ground. Close or parcel of arable, meadow, or pasture ground in par. Heckington, called the North part of the East Ground. Another close in Heckington called the West part of the Greengate Close. Another close there called the East part of the Green Gate Close. Another close or parcel of arable, meadow, or pasture ground in Heckington called Dale Close. Another close there called the Great Old Sawes; and Mill Close there. Manor or lordship of Heckington, and the agistment, broveage, toll and drifts of land in Heckington Fen, and the toll of Heckington; and the soil and ground of Heckington Fen, and the inclosed fen called the Six Hundred Acres in Heckington, and all messuages, cottages, and parcels of arable, meadow, pasture, and fen being part of the manor of Heckington.
And advowson of the vicarage of Heckington, and all tithes or corn, grain, hay, cole seed, rape seed, flax, hemp and femble growing on that parcel of fen land in Heckington now severed from the Common called Six hundred Acres, and all appurtenances which were heretofore settled in jointure upon Abigail Heron the late wife of Henry Heron by lease and release of 28 and 29 June 1702 (here recited), with certain exceptions.
Consideration: £2,794.1s.4 3/4d. to Francis Fane and £125.9s. to be paid into Bank of England as legacy due to a minor.
To be held to (5) for 800 years.
Rent: 1 peppercorn, if demanded.
(4) at the request and by the directions of (1), (2) and (3) assign to (6) at the nomination and appointment of (5):
All the manors, messuages, lands, tenements, hereditaments, advowson, tithes, and premises by indenture dated 29 June 1702 demised to Henry earl of Litchfield and William earl of Yarmouth for the terms of 500 years and 1000 years. To (6) for the residue of the two terms, in trust for William Edwards and John Edwards for 800 years.