Following the death of Susannah Dickman in January 1838 a number of transactions take place in settlement of the Estate:

• 1838: abstract from Parish Registers.
• 1838: attornment – William Wiles to Joseph Barnett.
• 1838: declaration.
• 1838: lease document (27^th July 1838).
• 1838: mortgage document (28^th July 1838).
• 1838: insurance agreement document (28^th July 1838).

Notes:

• Mortgage is dated 28^th July 1838
• See also the lease document completed the previous day
• The property is said to be ‘free of incumbrances’.
• The extent of the property is described as, ‘containing by estimation four hundred square yards or thereabouts (more or less) formerly in the tenure or occupation of the said John Dickman and now of the said William Wiles and bounded towards the East by the town street towards the north and west by premises of [Job] Marson and towards the south by premises of William Wright together with all the buildings etc etc.’
  • In today’s terms these are likely to be (1) buildings on the current Canal View site and (2) buildings on the current Carneal Cottage site.
  • ‘to the south by William Wright’; Ann Wright married William Wright in Hickling on 23^rd November 1819. He died of Asiatic Cholera in 1832 but the property that his widow continues to reside in, is referenced in his name 6 years after his death.
  • ‘to the north and west – [Job] Marson’; there is a Job Marson recorded in Hickling at this time including a burial record; coincidentally dated 26^th July 1838. It is not known whether there is any relationship to John Marson (husband of Mary Dickman).
    • Job Mars[t]on baptised (Hickling) 17th March 1798 or 1799 – parents John and Elizabeth Mars[t]on
    • Job Marson marriage record to Elizabeth Morris in Hickling 3rd October 1829
    • Job Marson born 1799 was buried in Hickling 26th July 1838 (age 38) – this date is an odd coincidence in terms of the timing of the lease and mortgage documents transcribed here.
      • There is a household in the 1841 census in Hickling; John and Elizabeth Marson. These could be entirely separate individuals or Elizabeth could have remarried one of her deceased husband’s relations. On a quick search no records founds to shed light on this (including no record in the 1851 census).
      • Additional possible marriage record Job Marston to Elizabeth Starbuck 1859 (Bingham District)
    • It is not known if there was any relationship between John (husband of Mary Dickman and Job/John resident in Hickling (likely to be two separate individuals) – it seems likely that there was some connection.
• Note: there are 5 parties to the mortgage:
  1. John and Mary Marson
  2. Ann Wright
  3. John and Elizabeth Wiles
  4. William Wiles (in his own right)
  5. Joseph Barnett
• In order to distribute the value of the property to the three daughters a lease and then a mortgage is established:
  • Mortgage is held by Mr Joseph Barnett and values £70
  • John and Mary Marson receive £35
  • Ann Wright (widow) receives £35
  • Elizabeth Wiles’ third is put in Trust to her husband, William, and appears to be used as security against the mortgage
  • Any costs in relation to the property and its sale (if necessary) are the responsibility of William Wiles; accrued equity also belongs to William Wiles (as opposed to William and his wife).
• The document states that John and Mary Marson and Ann Wright have agreed to sell their respective shares in the property to William Wiles for £35 each share. Joseph Barnett has further agreed to lend William Wiles £70 to cover these payments with an interest payment of 5% per year (five pounds per centum per year).
  • The property is effectively sold to Joseph Barnett for the period of a year.
  • A payment date is given of 28^th January 1839 but this is likely to be when a half-year’s interest is due.
  • The document reads as if William Wiles expects (or is expected) to repay the sum of £70 (plus interest due and costs) by 28^th July 1839; if he defaults, the property would be sold to repay this mortgage loan with any remaining proceeds going to William Wiles.
  • However; in 1861 Joseph Barnett transfers the mortgage to Mary Ann Wiles which makes it clear that the mortgage arrangement remained in place for 23 years.
• Indenture; sums of 5 shillings are paid by Joseph Barnett to each of the first 3 parties.
• See lease document (dated the 27^th July 1838 – the previous day); the property is leased to Joseph Barnett for one year.
  • It seems that William and Elizabeth Wiles are resident in the property
  • Ann Wright appears to reside next door to this property (to the south).
  • John and Mary Marson are resident in Colston Bassett.
• Joseph Barnett; Census 1841 Joseph and Thomas Barnett seem to be farming as bachelor brothers on Hickling Pastures.

Transcript:

Document marked ‘B’

Title – Indenture ‘B’

1. Dated 28^th July 1838                    }              Mortgage of messuage
2. Mr John Marson and Wife           }              garden and premises at Hickling
3. Mrs Ann Wright and                    }              Nottinghamshire with conveyance
4. Mr William Wiles and Wife         }            of the Equity of Redemption to
5. To                                                   }            Mr William Wiles ___________
6. Mr Joseph Barnett                       }

• Received the day and year first within written of the within
• named Joseph Barnett thirty five pounds the consideration
• within expressed to be paid to us _______________
• Witness
• [Wm Enfield]                   John Marson
• [H Archer]                        Mary Marson her mark

1. Received at the same time of the said Joseph Barnett thirty
2. Five pounds the consideration within expressed to be paid
3. To me _____________________________
4. Witness
5. [Wm Enfield]                   Ann Wright
6. [H Archer]

1. Signed sealed and delivered by the within named John Marson
2. Mary Marson, Ann Wright, William Wiles and Elizabeth
3. Wiles (having first been read over to them) in the presence
4. Of ______________  ______________  _____________
5. [Wm Enfield] [Sol] Nottingham
6. [H Archer] his clerk

Form attached to Indenture ‘B’ (partially printed, partially hand written):

1. These are to certify that on the twenty eighth day of July in the year
2. One thousand Eight Hundred and thirty eight before us Samuel Payne and [Wm Enfield] Two of the perpetual
3. Commissioners appointed for the Town and County of the town of Nottingham
4. for taking the acknowledgements of Deeds by Married Women, pursuant to an Act passed in the Third and Fourth
5. Years of the Reign of His late Majesty King William the Fourth. intituled, “An Act for the Abolition of Fines and
6. Recoveries, and for the Substitution of more simple modes of Assurance,” appeared personally Mary
7. the wife of John Marson of Colston Bassett in the
8. County of Nottingham yeoman and Elizabeth the wife of William Wiles of Hickling
9. in the County of Nottingham yeoman and produced certain Indentures of Lease
10. and Release bearing date respectively the twenty seventh and twenty eighth days of
11. July One Thousand eight hundred and thirty eight the lease being marked
12. and made between the said John Marson and Mary his wife Ann Wright
13. and the said William Wiles and Elizabeth his wife Joseph Barnett of the other part and of the one part and [the]
14. Indenture of Release being marked B and made between the said John Marson
15. and Mary his wife of the first part the said Ann Wright of the second part the
16. said William Wiles and Elizabeth his wife of the third part the said William
17. Wiles of the fourth part and the said Joseph Barnett of the fifth part
18. and effectively acknowledged the same Deeds to be
19. [their respective] Act and Deed And We Do Hereby Certify that the said
20. Mary Marson and Elizabeth Wiles were
21. at the time of their acknowledging each of the said Deeds
22. of full age and competent understanding and that they were respectively
23. examined by us apart from their respective husbands touching
24. their respective knowledge of the contents of the said deeds
25. and that these respectively freely and voluntarily consented to the same
26. Examin’d Copy, Clerk of the Enrolment of Certificates, etc, Thos. [Sherwood]
27. [names overstamped; Samuel Payne H Enfield]

Indenture ‘B’:

1. Silvester & Co Engravers to Her Majesty’s Public Offices 27, Strand London.
2. Indenture made the twenty eighth day of July one thousand eight hundred and thirty eight between John Marson
3. of Colston Bassett in the County of Nottingham yeoman and Mary his wife (before her marriage Mary Dickman)
4. of the first part Ann Wright of Hickling in the said County of Nottingham widow (before her marriage Ann
5. Dickman) of the second part William Wiles of Hickling aforesaid yeoman and Elizabeth his wife (before
6. her marriage Elizabeth Dickman) of the third part the said William Wiles of the fourth part and Joseph
7. Barnett of Hickling aforesaid farmer of the fifth part whereas John Dickman late of Hickling aforesaid tailor being seized in fee simple in possession free from incumbrances of
8. the messuage land and hereditaments hereinafter described died in the month of March one thousand eight hundred and twenty intestate leaving Susannah his widow and the said Mary
9. Marson Ann Wright and Elizabeth Wiles his three only children and coheiresses at law him surviving and never having had any other issue and the said Susannah died in the month
10. of January last And whereas the said John Marson and Mary his wife and Ann Wright have contracted with the said William Wiles for the absolute sale to him of their two ~~
11. undivided third shares in the said hereditaments for thirty five pounds for each share and the said Joseph Barnett on the application of the said William Wiles has agreed to lend him
12. Seventy pounds on the mortgage of the said two shares and also of the share of the said Elizabeth Wiles and it hath been agreed that subject to such mortgage the said two shares of
13. the said Mary Marson and Ann Wright and also the equity of redemption of the one third share of the said Elizabeth Wiles in the said hereditaments shall be conveyed to or in trust for 
14. the said William Wiles absolutely Now this Indenture witnesseth that in consideration of thirty five pounds sterling to the said John Marson and Mary his wife and of thirty five
15. pounds sterling to the said Ann Wright respectively paid by the said Joseph Barnett by direction and on account of the said William Wiles the receipt of which two sums making together and
16. being the said sum of seventy pounds agreed by the said Joseph Barnett to be lent on mortgage as aforesaid as the said William Wiles doth hereby expressly acknowledge and that the same are in full
17. payment of the said purchase money for the two undivided third parts of the said Mary Marson and Ann Wright of and in the said hereditaments the said John Marson and Mary his wife and
18. Ann Wright hereby respectively acknowledges and from the same hereby respectively release the said William Wiles his heirs executors and administrators and the payment whereof the said ~
19. William Wiles doth hereby acknowledge and from the same doth hereby release [~~~~] the said Joseph Barnett his heirs executors and administrators and also in consideration of five shillings
20. sterling to each of them the said John Marson and Mary his wife Ann Wright and William Wiles and Elizabeth his wife paid by the said Joseph Barnett the receipts whereof are hereby acknowledged
21. They the said John Marson and Mary his wife Ann Wright and William Wiles and Elizabeth his wife according to their respective shares estates and interests in the premises and as to each
22. of them the said Mary Marson and Elizabeth Wiles with the consent and approbation of their respective husbands testified by their respectively executing these presents Do and each and even
23. of them Doth by these presents [scored through?] grant bargain sell alien and release unto the said Joseph Barnett (in his actual possession now being by virtue of a bargain and sale for one ~
24. whole year to him thereof made by the said John Marson and Mary his wife Ann Wright and William Wiles and Elizabeth his wife in consideration of five shillings apiece of Indenture
25. bearing date the day next before the day of the date of these presents and by force of the statute for transferring uses into possession and to his heirs and assigns. All that messuage or tenement
26. with the outbuildings yard garden and appurtenances thereunto adjoining and belonging situate standing and being in Hickling aforesaid in the said County of Nottingham containing
27. by estimation four hundred square yards or thereabouts (more or less) formerly in the tenure or occupation of of the said John Dickman and now of the said William Wiles and bounded towards the East
28. by the town street towards the north and west by premises of [Job] Marson and towards the south by premises of William Wright together with all the buildings ways roads paths passages waters water ~
29. courses easements hedges ditches fences trees rights encumbers and appurtenances whatsoever to the said messuage or tenement garden and hereditaments belonging or in anywise appertaining
30. And all reversions, remainders, rents and profits thereof And all the estate right title interest inheritance use trust property possession claim and demand whatsoever of the said John
31. Marson and Mary his wife and Ann Wright and William Wiles and Elizabeth his wife respectively of in to or out of the premises To Have And To Hold the said messuage or tenement garden
32. and other hereditaments and premises hereby released or intended so to be with their appurtenances unto the said Joseph Barnett his heirs and assigns To the use of the said Joseph Barnett his heirs and assigns forever
33. subject nevertheless to the proviso for redemption hereinafter contained namely provided always and it is hereby declared and agreed that if the said William Wiles his heirs executors administrators
34. or assigns shall duly pay unto the said Joseph Barnett his executors administrators or assigns the full sum of seventy pounds sterling with interest thereon at the rate of Five pounds per centum per annum
35. on the twenty eighth day of January next without any deduction then the said Joseph Barnett his heirs or assigns shall convey the said hereditaments unto the said William Wiles his heirs or assigns
36. for his and their own absolute use or as he or they shall direct but at his or their costs Provided always and it is further expressly declared and agreed that if default shall be made in payments of
37. the said sum of seventy pounds or any part thereof on the day hereinbefore appointed for payment of the same then and either immediately or at any time or times thereafter and notwithstanding any
38. future acceptance of the interest of the said sum of seventy pounds or any part thereof or of any part of the said principal sum it shall be lawful for the said Joseph Barnett his executors administrators
39. or assigns without any further consent or conveyance of the said William Wiles his heirs or assigns to make sale and absolutely dispose of the said messuage garden and othere hereditaments hereby ~
40. released or intended so to be with the appurtenances and the fee simple and inheritance thereof by public auction or private contract and for such price or prices as at the time of such sale or sales can
41. be reasonably gotten for the same and to receive and take the purchase money for the said hereditaments and premises and sign and give receipts for the same which receipts shall to all intents and
42. discharge the person or persons aforesaid paying the money therein expressed to be received from all liability to see to the application and all responsibility for or on account of the misapplication or ~~
43. nonapplication of the same money or any part thereof and from all necessity of ascertaining or enquiring whether such sale or sales is or are necessary And it is hereby declared that the said Joseph ~
44. Barnett his executors administrators and assigns shall stand possessed of the money to arise by such sale or sales as aforesaid Upon Trust after deducting thereout all the costs and expenses
45. of or attending the same on the completion thereof to retain for himself his executors administrators or assigns the said sum of seventy pounds and all the interest due thereon or so much of the same
46. as shall then remain unpaid and to pay the then ultimate proceeds if any unto the said William Wiles his heirs or assigns And the said William Wiles doth hereby for himself his heirs executors
47. and administrators covenant and agree with the said Joseph Barnett his executors administrators and assigns that he the said William Wiles his executors administrators or assigns will truly
48. pay unto the said Joseph Barnett his executors administrators or assigns the said sum of seventy pounds together with interest for the same at the rate aforesaid on the day hereinbefore ~~
49. appointed for payment of the same without any deduction according to the proviso for redemption hereinbefore contained. And each and every of them the said John Marson Ann Wright
50. and William Wiles hereby separately for himself and herself and his and her respective heirs executors and administrators and also as to each of them the said John Marson and William Wiles
51. for his said respective wife and her heirs executors administrators and assigns but each of the said three covenanting parties only covenanting as to one equal undivided third share of the said
52. hereditaments appurtenance and the title and further assurance thereof covenant and agree with the said Joseph Barnett his heirs and assigns in manner following that is to say that they
53. the said John Marson and Mary his wife Ann Wright and William Wiles and Elizabeth his wife now have good right and full power to assure the said hereditaments in manner aforesaid
54. and also that the said hereditaments shall at all times remain to the use and in manner aforesaid and be held and enjoyed and the rents thereof received accordingly without any [let] trouble
55. eviction or denial whatsoever and that free from all adverse estates titles charges liens and encumbrances whatsoever and moreover that they said John Marson and Mary his wife
56. Ann Wright and William Wiles and Elizabeth his wife and every of them and their and every of their heirs and all other persons having or rightfully claiming or to claim out of or upon the said
57. hereditaments and premises or any part thereof shall and will at all times hereafter upon every reasonable request either of the said William Wiles his heirs or assigns or of the said Joseph Barnett his heirs
58. executors administrators or assigns but at the costs of the said William Wiles his heirs or assigns make do and execute all such acts deeds and assurances in confirmation of these presents and of the true meaning
59. hereof as by the said William Wiles his heirs or assigns or the said Joseph Barnett his heirs executors administrators or assigns or their either or any of their Counsel in the Law shall be reasonably required
60. In Witness whereof the said parties to  these presents have hereunto set their hands and seals the day and year first above written –
61. John Marson; Mary Marson her mark; Ann Wright; William Wiles; Elizabeth Wiles her mark

Marginal text – B:

1. This Deed marked ‘B’ was this day produced before us and acknowledged by Mary Marson and Elizabeth Wiles therein
2. named to be their respective act and deed previous to which acknowledgements the said Mary Marson and Elizabeth
3. Wiles were respectively examined by us separately and apart from their respective husbands touching their knowledge of
4. The contents of the said Deed and their consent thereto and respectively declared the same to be freely and voluntarily
5. Executed by them. Witness our hands this twenty eighth day of July one thousand and eight hundred and thirty eight.

[Samuel] Payne [H By/Enfield]