Summary:

Involved parties:

• John Thurman and William Collishaw acting as the executors and beneficiaries of the estate of the late Sarah Davis (Will proved Sept 1853 – both farmers)
• John Spencer (lime burner, Kinoulton); pays £200 to the executors for the ‘close or pasture’ not bought by Robert Corner (acquiring the freehold).
• Joseph Corner (father, labourer) and Robert Corner (son, cordwainer); occupiers of the property. Joseph receives 5s from Robert, his son.
• Robert Corner Robert pays £100 to the executors, acquiring the freehold of the dwelling and yard.
• Septimus Corner; John Corner’s son and executor of his will.
• Note: John Corner senior; Joseph is John’s eldest son; Septimus is John Corner’s son and executor of his Will; Robert is John Corner’s grandson and Joseph’s eldest son.
• Thomas [G] Morley; witness/solicitor.

Transaction:

• As noted in relation to the Abstract (1813-1853); the execution of John Corner’s Will is held back until the estate of Sarah Davies is resolved in 1853 – 4 years after the death of Elizabeth Corner; ie. the individual bequests to John Corner’s sons. There are interesting questions about the affordability of these transactions (see, below*).
  • The £5 bequest is paid to Septimus Corner in Sept 1853 (see Abstract) but no record of any of the other payments.
  • (A copy of Sarah Davies’ Will may provide answers)
• On the 12^th September 1853 & following the death of Sarah Davies, her executors convey a portion of the property to Robert Corner.
• Robert Corner pays them £100.
  • Note: Robert Corner’s marriage date in 1834 is recorded as relevant. This may be because Robert and his wife, Ann (nee Wild) don’t appear to have had any children of their own and retaining the property within the Corner family is a priority.
• John Corner’s Will (1836) bequeathes: “his dwelling house and orchard containing one acre of land or thereabouts both situate in Hickling”
• It is detailed that following the death of John Corner and the subsequent death of his widow, Elizabeth, John Corner’s estate has passed to his eldest son, Joseph Corner; bequests of £5 each to John Corner’s surviving sons and the outstanding mortgage debt remains within the estate.
• It is Joseph Corner who contracts the sales with John Spencer and Robert Corner but the money is paid to the executors of the estate of Sarah Davies to clear the £300 mortgage held over the property.  
• John Spencer pays the Executors £200 ‘for the sale to him of the said close of pasture ground’. He acquires the freehold.
• Robert Corner pays the executors £100 for ‘the sale of the said messuage or tenement garden and part of yard’. He acquires the freehold.
  • *Note: £100 is a considerable amount of money for Robert Corner to have paid out. He is recorded here as a cordwainer (and Joseph as a labourer) but in the 1851 census Joseph is listed as a pauper and Robert as a shoemaker.
• The (1,000 year) leasehold is surrendered and the involvement of the estate of Sarah Davies ends.
• Robert Corner also pays his father, Joseph Corner, five shillings.
• The freehold includes a covenant specifically excluding Robert Corner’s widow from breaking up the property; ‘Robert Corner doth hereby declare that no woman who shall become his widow shall be entitled to dower out of the said hereditaments and premises hereby conveyed or any part thereof’. This may be because neither Robert and his first wife, Ann (nee Wild) or second wife, Mary Ann had any children of their own and retaining the property within the Corner family is a priority.
• Reference continues to be made to the ‘moiety of the fold yard’.
• Note is made that by taking on the freehold, Robert Corner takes full responsibility for the property – for example, fire and accident.

*Note: The Will of John Corner (1869)

• John Corner is one of the four Corner brothers that lived beyond 1817: Joseph, John, Daniel and Septimus.
• He dies not having married and with no children; he bequeaths considerable legacies to his brothers Daniel and Septimus and their families.
• However, Joseph died in 1862 and his family do not receive any legacies under John Corner’s Will.
• There is no record of the source of John Corner’s wealth; he was a servant by profession and he may either have received a legacy himself or have saved over a lifetime in service with relatively little outlay.
• Is it possible that the £100 Robert used to buy the Corner’s Yard property in 1853 came from his uncle, John?
• A copy of John Corner’s Will has been kept with the Deeds and documents associated with the property.

Transcription.

Titles:

1. Dated 12^th September 1853
2. Mr Joseph Corner and others to Mr Robert Corner
3. Conveyance of a House and Premises at Hickling with Surrender of Mortgage Term therein and Covenant to produce Deeds –

• Received on the day and year first within written of and
• From the within named Robert Corner the sum of one hundred pounds
• being the full consideration money within expressed to be
• paid by him to us
• Witness
• Thos [G] Morley
• John Thurman
• William Collishaw junior

1. Signed sealed and delivered by the within named Joseph
2. Corner John Thurman William Collishaw Joseph Spencer
3. And Robert Corner in the presence of
4. Thos [G] Morley
5. [solicitor] Nottingham.

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1. This indenture
2. Made the twelfth day of September in the year of our lord one thousand eight hundred and
3. Fifty three between Joseph Corner of Hickling in the County of Nottingham Labourer of the
4. first part John Thurman and William Collishaw the younger both of the same place
5. farmers of the second part Robert Corner also of Hickling aforesaid cordwainer who was married
6. after the first day of January one thousand eight hundred and thirty four of the third part and
7. Joseph Spencer of Kinoulton in the said County of Nottingham lime burner of the fourth part
8. Whereas by an indenture of assignment bearing date the twenty eighth day of October one
9. thousand eight hundred and thirty four and made between Jane Moore of Long Clawson in the County of Leicester spinster of the first part John Corner of Hickling ~
10. aforesaid yeoman etc etc etc of the second part and Sarah Davies (by the surname Davis) of Hickling aforesaid spinster of the third part the residue of a certain term of one ~
11. thousand years (created by an indenture [&] demise bearing date the seventh day of April one thousand eight hundred and thirteen and made between the said John Corner and
12. Thomas Milnes of the one part and Hannah Morris of the other part) of and in a messuage or tenement and garden in Hickling aforesaid and the moiety of a fold yard ~
13. adjoining and also of and in a close of pasture or enclosed ground containing two acres and a half or thereabouts also in Hickling aforesaid was assigned to the said ~
14. Sarah Davis her executors administrators and assigns for securing the repayment of the sum of three hundred pounds and interest then advanced by her but subject to a proviso
15. that if the said John Corner his heirs executors administrators should pay to the said Sarah Davis her executors administrators or assigns the said sum of three hundred
16. pounds and interest on the twenty eighth day of April then next ensuing then the said Sarah Davis her executors administrators or assigns would surrender or reassign the ~
17. remainder of the said term of one thousand years on the said hereditaments unto the said John Corner his heirs and assigns And whereas the said John Corner made
18. and duly executed his last will and testament in writing dated the eleventh day of February one thousand eight hundred and thirty six whereby he gave unto his wife Elizabeth
19. Corner his dwelling house and orchard containing one acre of land or thereabouts both situate in Hickling aforesaid for her sole use and benefit during the term of her natural
20. life and at her decease the said testator desired his executor Septimus Corner to pay to himself the sum of five pounds out of the messuage and tenement aforesaid and then
21. out of the same the said testator desired his said executor to pay to each of his sons severally under written the sum of five pounds that is to say to Joseph Corner of Hickling
22. five pounds to John Corner junior of Doncaster five pounds and to Daniel Corner of Thurgarton five pounds and whereas the said John Corner died on the ~ ~
23. twenty fifth day of September one thousand eight hundred and forty six ~ ~ ~ without having altered or revoked his said will and without having made any further or other
24. disposition of his real estate than by his said will as hereinbefore recited and whereas the said Elizabeth the wife of the said John Corner departed this life on or about
25. the sixth ~ day of May ~ one thousand eight hundred and forty nine and the said Joseph Corner is now entitled to the whole of the real estate of which the said John
26. Corner died seized or was entitled to at the time of his death as his eldest son and heir at law but subject to the said mortgage debt and whereas the said Sarah ~
27. Davies departed this life on the twenty first day of May last having made and duly executed her last Will and testament in writing dated the nineteenth day of October one
28. thousand eight hundred and fifty whereby she gave all her estate and interest of and in any messuages lands tenements and hereditaments whatsoever whereof she was seized
29. or whereunto she was entitled as mortgagee or trustee unto the said John Thurman and William Collishaw the heirs and assigns upon trust to stand seized thereof or convey
30. exercise and make use of the same in such manner as she could or might have been required to do if living and the said testatrix did appoint the said John Thurman ~
31. and William Collishaw joint executors of her said will and the same was duly proved by the said John Thurman and William Collishaw in the Prerogative Court of York on or
32. about the twenty second day of September instant And whereas the said Joseph Corner hath contracted and agreed with the said Joseph Spencer for the sale to him of the said close
33. for the sum of
34. one hundred pounds And whereas all interest for the said sum of three hundred pounds has been paid up to the day of the date and sealing and delivery hereof
35. to the said John Thurman and William Collishaw as executors of the same Sarah Davies as aforesaid as they do here admit And whereas inasmuch as the deeds evidences
36. and writings mentioned in the schedule hereunder written relate to both the said properties so contracted to be sold as aforesaid it has been agreed that such deeds evidences
37. and writings shall be delivered over into the custody or possession of the said Joseph Spencer on his entering into the covenant hereinafter contained for the production of the same to
38. the said Robert Corner Now therefore this indenture witnesseth thatfor and in consideration of the sum of one hundred pounds sterling to the said John Thurman and William Collishaw in hand paid by the said Robert Corner on the execution of these presents the receipt whereof the said John Thurman and William Collishaw
39. do hereby admit and acknowledge and thereof and from every part thereof do hereby acquit release and discharge the said Robert Corner and also the said Joseph Corner
40. and their respective heirs executors administrators and assigns and every of them for ever by these presents And also in consideration of the sum of five shillings to the said
41. Joseph Corner in hand at the same time paid by the said Robert Corner the receipt thereof is hereby also acknowledged He the said Joseph Corner doth hereby grant bargain
42. Sell assign release and convey and the said John Thurman and William Collishaw as executors of the said Sarah Davies deceased as aforesaid (at the request and by the ~
43. Express direction of the said Joseph Corner testified by his being a party to and executing these presents and to the extent that the now residue of the said term of one ~ ~
44. Thousand years may merge in the freehold of the said messuages or tenement garden and hereditaments) Do hereby assign surrender and yield up unto the said Robert
45. Corner and to his heirs and assigns All the messuage or tenement with the garden and appurtenances thereto belonging and adjoining situate and being at Hickling

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1. Aforesaid heretofore in the tenure or occupation of John Parlby Baker deceased afterwards in the possession or occupation of one
2. Richard Dixon late of the said John Corner his assignee or assigns and now of the said Robert Corner Joseph Allen and Thomas
3. [Heterly]. And also all that moiety or half part of a certain large Fold Yard adjoining to the said messuage which
4. Fold Yard belongs jointly to the owners of the said messuage hereby conveyed and the owners of another messuage thereto adjoining formerly the property of George Burbidge of
5. Gadsby in the County of Leicester Mercer but late the property and in the occupation of the said John Corner and which Fold Yard has been usually enjoyed by the owners or
6. occupiers of the said messuages accordingly Together with all and singular houses outhouses edifices buildings barns stables yards gardens hedges ditches […] mounds fences
7. ways easements paths passages waters watercourses profits privileges advantages emoluments rights [members] and appurtenances whatsoever to the said messuage or tenement
8. garden moiety of yard hereditaments and premises belonging or in anywise appertaining or accepted reputed deemed taken or known as part parcel or member thereof And
9. the reversion and reversions remainder and remainders rents [ganes] and profits thereof and also all the estate right title interest use trust possession term of years yet to
10. come and unexpired property claims and […] whatsoever both at law and in equity of them the said Joseph Corner John Thurman and William Collishaw of [m] to
11. or out of the said hereditaments and premises and every part of the same with the appurtenances to have and to hold the said messuage or tenement garden ~
12. moiety of yard hereditaments and premises hereby released and surrendered or otherwise abjured or so intended to be with the appurtenances unto the said Robert Corner his
13. heirs and assigns to the only proper use and behoof of the said Robert Corner his heirs and assigns for ever And the said Robert Corner doth hereby ~
14. declare that no woman who shall become his widow shall be entitled to dower out of the said hereditaments and premises hereby conveyed or any part thereof And the
15. said Joseph Corner for himself his heirs executors and administrators hereby covenants with the said Robert Corner his heirs and assigns in manner following (that is to say) that
16. (notwithstanding any act deed matter or thing whatsoever made or done or permitted to be made or done by the said Joseph Corner or any of his ancestors to the contrary) the
17. said Joseph Corner and the said John Thurman and William Collishaw now have in themselves or one of them now hath in himself good right and absolute authority by these
18. presents to release assign and surrender or otherwise assure the said messuage or tenement garden moiety of yard hereditaments and premises to the use aforesaid according to
19. the true intent and meaning of these present and also that it shall be lawful for the said Robert Corner his heirs and assigns at all times hereafter to hold and
20. enjoy the same premises with the appurtenances and to take the rents and profits thereof without any eviction interruption or denial whatsoever freed and discharged or effectually
21. kept indemnified from or against all former or other estates rights titles claims charges and incumbrances whatsoever and further that the said Joseph Corner and his heirs
22. and all other persons lawfully or equitably claiming through or in trust for him or any of his ancestors shall and will at all times hereafter on the request and at the costs of
23. the said Robert Corner his heirs or assigns make or execute every such other or further act in the law whatsoever for more effectually or satisfactorily releasing surrendering ~
24. confirming or otherwise assuring the said messuage or tenement garden moiety of yard hereditaments and premises or any part thereof with the appurtenances to the use of the said
25. Robert Corner his heirs and assigns as by him or them shall be reasonably required and  each of them the said John Thurman and William Collishaw doth hereby for himself
26. his heirs executors and administrators covenant and declare with and to the said Robert Corner his heirs and assigns that they the said John Thurman and William Collishaw doth hereby for himself
27. have not respectively made or done or […] permitted or suffered any act deed or thing whereby the said messuage or tenement garden moiety of yard and hereditaments
28. hereby released and surrendered with the appurtenances or any part thereof or is or can be impeached incumbered or affected in title or otherwise howsoever and this ~
29. indenture further witnesseth that in pursuance of the said recited agreement he the said Joseph Spencer doth hereby for himself his heirs executors ~
30. administrators and assigns covenant promises and agree to and with the said Robert Corner his heirs and assigns that he the said Joseph Spencer his heirs executors ~
31. and charges of the said Robert Corner his heirs or assigns produce and show or cause to be produced and shown unto the said Robert Corner his heirs executors ~
32. […] or assigns shall and will […] prevented by fire or other inevitable accident at any time or […] hereafter upon every reasonable request and at the costs ~
33. and charges of the said Robert Corner his heirs or assigns produce and show or cause to be produced and shown unto the said Robert Corner his heirs or assigns or to
34. his or their counsel attorney or agent in any court or courts of law or equity or upon any commission for the examination of witnesses or elsewhere in England as occasion
35. shall require the […] Deeds Evidences and Writings specified and set forth in the schedule hereunder written or any of them for enabling the said Robert Corner his heirs or
36. assigns to move support or defend his or their title to the said messuage or tenement garden or moiety of yard and hereditaments hereby conveyed or for any other just or ~
37. reasonable cause In witness whereof the said parties to these presents have hereunto set their hands and seals this day and year first above written ././.
38. The Schedule above referred to –
39. 7^th April 1813 Indenture made between John Corner of Hickling aforesaid and Thomas Milnes of the same place yeoman of the one part and Hannah Morris of Hickling
40. Aforesaid widow of the other part.
41. 20^th April 18[18] Indenture of assignment made between the said Hannah Morris of the one part and Thomas Leadbeater of Little Dalby in the County of Leicester grazier of the other part
42. 29^th October 1822 indenture of assignment made between the said Thomas Leadbeater of the one part and Jane Moore of Long Clawson in the said County of Leicester spinster of
43. the other part.
44. 20^th October 1834 indenture of assignment of this date hereinbefore recited.
45. Joseph Corner [signature & seal]
46. John Thurman [signature & seal]
47. William Collishaw junior [signature & seal)
48. Joseph Spencer [signature & seal]
49. Robert Corner [signature & seal]