|THE WILL OF JOHN NEWLAND OF COOPERS HALL, HENHAM made in 1728
ESSEX RECORD OFFICE SEAX REFERENCE D/ACW 27/1/30 Probate granted 20th Nov 1729
In the name of God Amen I, John Newland of Henham in the County of Essex, yeoman, being under bodily disposition but (thanks be to God) of a sound and disposing mind and memory do make and ordain this my last will and testament. In and by which I give and devise and bequeath unto George Newland my oldest son all that my freehold messuage or tenement called Raleys alias Coopers Hall situate in Henham aforesaid now in the tenure and occupation of - Trott, his assign or assigns to have and to hold the said tenement with all its appurtenances unto him the said George and to his heirs and assigns for ever. Item: I give now unto the said George all that my freehold messuage situate, lying and being in Rickling in the county of Essex aforesaid now or late in the tenure and occupation of one Robert Scotcher and my sister Mary Newland to have and to hold the said messuage with all and every its appurtenances unto him the said George and to his heirs and assigns for ever but upon this condition notwithstanding that he suffer my sister Newland peaceably and quietly to occupy that part of the house wherein she now dwell and that part of the yard and orchard she now occupieth at the yearly rent of twenty shillings per annum for and during the term of her natural life if she continues my brother's widow. I give, devise and bequeath unto Susanna my loving wife one annuity or yearly rent charge of five pounds per annum to be issuing and payable out of all my estate whatsoever both copyhold and freehold situate, lying and being in Henham aforesaid and county of Essex aforesaid, except Coopers Hall, to have and to hold the said annuity or yearly rent charge of five pounds freely discharged and exonerated from all and all manner of taxes and encumbrances whatsoever unto her the said Susanna my wife for and during the term of her natural life provided she keeps her self all unmarried but otherwise this gift and grant to cease and be utterly void the said annuity to be paid quarterly by even and equal portions upon the four most usual feasts or days of payment in the year, that is to say upon the 25th of March, the twenty fourth of June, the twenty ninth of September and the twenty fifth of December the first payment to be made upon the first of those feast days which shall happen after my decease And if it shall happen that the said annuity be behind and unpaid whether in parts or in all by the space of one month next after any of the said days of payment on which the sums ought to have been paid (having been lawfully demanded) then in such case it shall be lawful to and for the said Susanna my wife and I do hereby authorise and empower her to enter upon the said estate or any part of it and there to distress for her said annuity or ... and such distress or distresses so made from time to time as often as would, shall be and to drive and carry away, keep, sell and dispose of until her said annuity and every part of it be fully satisfied and paid together with all such charges as she shall necessarily expend in the recovery thereof. Item: I give now unto the said Susanna my wife her dwelling in the lower room called the Hall in the house wherein I now dwell and also in the parlour and two other lower rooms next adjoining for her necessary use for and during the term of her natural life provided she keeps a widow as aforesaid. Item: I give now unto the said Susanna my wife fifteen rods or poles of ground out of the orchard at the end of the room called the Hall to be measured to her as may be most convenient for her to enjoy to have and to hold the said piece or parcel of the orchard for and during the term of her natural life except she marry as aforesaid. And my mind and will is that what I have given unto the said Susanna my wife shall be no hindrance or impediment to her full and .. enjoyment of her thirds in all or any of my freehold messuages, lands and premises situate, lying and being in Henham aforesaid (except Coopers Hall) but that she shall as freely and as amply enjoy her said thirds as she would have done by the laws of this land if this my will had never been made. Item: I give, devise and bequeath unto John Newland my younger son all my real estate, messuages, lands and premises whatsoever both copyhold and freehold situate, lying and being in Henham aforesaid either in my own occupation or the occupation of any other person or persons except only what before given and granted to have and to hold the said messuages, lands and premises with their every of their appurtenances unto him the said John and to his heirs and assigns forever provided and upon this condition that he at his own charge do cut, make up and cart home so much wood every year in its due season as my wife shall want to burn And my mind and will is that all the fire coal arising upon my personal estate and every part of it shall be for the use of my wife during the term of her natural life least she won't except she marry as aforesaid and if the said John my son neglect or refuse to lay in my wife's firing then it shall be lawful for her to take it and also destroy it for all charge she shall expend in cutting and carrying home as much and with as free power as she is able to do for any part of her aforesaid annuity. Item: my will is that my sister Mary Newland shall have the use of her linen that is in my house at Rickling as long as she continues my brother's widow. Item: I give more unto the said Susanna my wife one third part of my household goods in value but to be chosen by her in such things as she shall think most necessary for her use. All the rest and residue of my household goods, stock of my farm and all my personal estate whatsoever and wheresoever I give, devise and bequeath unto my son John whom I make and appoint sole executor of this my last will and testament hereby revoking all former will. I do declare that it is written in these two sheets of paper in my very last will having been read over unto me and is in all particulars as I would have it to be In witness whereof I have hereunto set my hand and seal this seven and twentieth day of August in the year of our Lord one thousand seven hundred and twenty eight. Witnessed: Samuel Smith, William Bush and John Wilmot.
The Sales of Cooper’s Hall from 1833 (£140) to 24th June 1925(£300)
the following papers are reproduced by kind permission of Betty Francis
1. 1925 - SALE OF COOPER's HALL on 24th June 1925 by the Estate of Thomas Wright of Henham (who died 11th Nov 1915) to Kate Eliza Vaughan. Following Thomas’s death, this property was sold by his executors & trustees.
All that messuage or tenement with the two cottages or tenements thereto adjoining situate at Henham in the County of Essex formerly called or known by the name of Raleys otherwise Cooper’s Hall together with the outbuildings and gardens thereto belonging as the same is now in the respective occupations of Kate Eliza Vaughan, William Mansfield and Charles Smith. All which premises are by way of identification and not of limitation delineated on the map.
Special Conditions Of Sale
1. the property is sold subject to the Conditions following etc etc
2. the day for the completion of the purchase shall be on or before 24th day of June 1925
3. vendor’s solicitors : Ackland Son & Baily of King Street, Saffron Walden
4. the Vendors are the executors and trustees of the Will of the late Thomas Wright formerly of Henham aforesaid. The Title shall commence; as to part of the property with a Conveyance on Sale dated the 10th day of September 1873 and made between Thomas Holgate of the one part and the said Thomas Wright of the other part and as to the remainder of the property with a Conveyance on Sale dated the 8th day of March 1899 and made between Salisbury Baxendale of the one part and the said Thomas Wright of the other part
5. the purchaser shall be entitled to possession or to the receipt of the rents of the property as from the 29 day of September 1924 …………….
It is hereby agreed and declared that Kate Eliza Vaughan of Cooper’s Hall, Henham in the County of Essex is the purchaser of the property described in the accompanying Particulars of Sale, from Alfred Ernest Wright of Saffron Walden and Frank Charles Wright of Henham aforesaid, the vendors, at the price of £300. Witnessed 10th day of Dec 1924
2. 1894 - APPLICATION FOR ESTATE DUTY PAYMENT CERTIFICATE
This was an Application for a Certificate under Section 11 (1) of the Finance Act, 1894 that the Commissioners of Inland Revenue were satisfied that the full Estate Duty had been paid with the death of Thomas Wright late of Henham. The property accounted for comprised the following -
1. FOUR FREEHOLD COTTAGES & GARDENS situate at Chickney Road, Henham, Essex let to O. Hayden, H. Turner, G. Neville and E. CAMP
2. TWO FREEHOLD COTTAGES WITH GARDENS at Chickney Road, Henham, Essex, Pasture Land and Old Smithy, let to Cooper Start, Knight and Hayden
3. FREEHOLD MEADOW at Chickney Road, Henham, Essex let to O. Hayden
4. TWO FREEHOLD COTTAGES WITH GARDENS at Wood End Green, Henham let to Sage and Blackwell
5. FREEHOLD HOUSE & PASTURE LAND at Chickney Road, Henham, Essex, let to Mr. Cornell
6. FREEHOLD COTTAGE & GARDEN in the Row at Henham, Essex let to G. Willett
7. THREE FREEHOLD COTTAGES AND GARDENS in Church Street, Henham, Essex let to S. Squires, W. Squires and W. Snow
8. FREEHOLD HOUSE and Shop with outbuildings situate in Church Street, Henham, Essex let to Miss E. Gardiner
9. THREE FREEHOLD COTTAGES WITH GARDENS situate in Crow Street, Henham, Essex one with garden occupied by deceased, the other and Building and land in Chickney Road, Henham, Essex let to C. Squires and A. Parfitt
10. TWO FREEHOLD COTTAGES WITH GARDENS situate in Dunmow Road, Bishop’s Stortford, Herts let to Horsley and Pallett
11. TWO FREEHOLD COTTAGES situate in Castle Street, New Town, Bishop’s Stortford let to Knight and Lee
Certified 7th November 1924
3. 1880 - MORTGAGE OF £200 BY THOMAS WRIGHT FOR COOPER's HALL & OTHER HENHAM PROPERTIES
On the 3rd day of ? 1880, The Bishops Stortford Building Society granted Thomas Wright, shoemaker of Henham a mortgage of £ 200 for the following properties -
all that messuage, cottages or tenements now converted into two cottages situate and being at Henham in the county of Essex formerly called or known by the name of Raleys otherwise Cooper’s Hall …. together with all houses, outhouses, edifices,, buildings, barns, yards, gardens, orchards and backsides thereunto belonging abutting on the highway from Henham to Elsenham eastward and southward and on land now or late in the occupation of Miss Guyver on all other parts As the same was formerly in the occupation of John Day, afterwards of John brand and John Frost and now of Charles Markwell, John Rickett and Richard Thomas Wright and was formerly the estate of (Charles Bones ?)
All that messuage or tenement with the outhouses, yards, gardens and appurtenances to the same belonging and therewith occupied and enjoyed containing in the whole Twenty-seven perches more or less situate lying and being in Henham aforesaid one head thereof abutting on yards of Henham Hall called The Spring on the day and the other head abutting on Wood End Green on the west being hereforeto part of a piece or parcel of ground called the Upper Orchard and All those two other cottages or tenements erected and built on the said premises or on some part thereof As all the said hereditaments and premises are now or late in the respective occupation of George Barker, John Blackwell and Henry Snow’
(this was a 12 1/2-year mortgage repayable at £4 each quarter but which was repaid by the 1st July 1890)
4. SALE OF COOPER's HALL BY THOMAS HOLGATE TO THOMAS WRIGHT
5. 1839 - SALE OF COOPER's HALL BY GEORGE BUTTON HAILES TO THOMAS HOLGATE
Abstract of the Title of Mr. George Button Hailes to a Freehold Messuage or Tenement situate at Henham in the County of Essex sold to Mr Thomas Holgate 1839
margin note 12th & 13th October 1787 - it is stipulated by the 5th condition of sale that the vendor shall not be required to produce any evidence of title to lot 1 prior to these deeds although any prior deeds or documents may be therein recited or noticed.
By Indentures of Lease & Release then dated made between Thomas Patmore of Rickling, in the County of Essex, butcher and Thomas Hall Fiske of Saffron Walden, Gentleman (the Trustee for Thomas Patmore of the one part and James Bush of Henham aforesaid, carpenter of the other part. It is witnessed that in consideration of £ 29. 18.0d to said Thomas Patmore paid by said James Bush the said Thomas Patmore did grant bargain sell alien release and confirm unto said James Bush & his heirs and said Thomas Hall Fiske at the request and by the direction of said Thomas Patmore ….? in consideration of 10s. to him paid by said James Bush did bargain sell alien release & confirm unto said James Bush & his Heirs (in his actual possession ..?)
margin note - this is the cottage that was occupied by Stephen Blackwell at the date of James Bush’s Will. It is now divided into two dwellings held by John Brand & John Frost
All that messuage cottage or tenement situate or being at Henham aforesaid formerly called or known by the name of Raleys otherwise Coopers Hall or by whatever other name or names the same then was or had been called or known and together with all the houses outhouses edifices buildings and barns lands orchards and backsides thereunto adjoining or belonging abutting on the highway from Henham to Elsenham eastward and southward on land of Miss Guyver on all other parts as the same were then or late in the same tenure or occupation of John Day or his assigns or were late the estate of Charles Bones and which he in and by Indentures of Lease & Release bearing date respectively the 9 & 10th October then inst. granted and conveyed unto and to the use of said Thomas Patmore and Thomas Hall Fiske and the heirs and assigns of said Thomas Patmore nevertheless as to the estate of said Thomas Hall Fiske in trust only for said Thomas Patmore and his heirs and all ways and the Rev. and all the estate.
To hold unto and to the use of said James Bush his heirs and assigns for ever covenant that said Thomas Patmore together with said Thomas Hall Fiske stood fully seized- had good right to convey for quiet enjoyment -free from encumbrances and for further assurance - and covenant from said Thomas Patmore for the production of said indentures of Lease & Release of 9 & 10th October then instant. Extract by said Patmore & Fiske attested by 2 witnesses and Rect. indorsed for consideration.
margin note - 22nd Sept. 1810 - plain copy of Will & Codicil in the possession of William Dixon, the purchaser of lot 2
The said James Bush (therein described of Henham, victualler) by his Will then dated after devising to his son James Bush & his heirs a messuage or tenement and farm called Bacons or Hoys situate in Henham aforesaid subject to the several charges and conditions thereinafter mentioned devised as follows
Also I give & devise all that my cottage with the appurts. in Henham aforesaid as now in the occupation of John Bright unto my said daughter Ann Bush her heirs and assigns for ever and also I give & devise all that my other cottage with the ..appurts. in Henham aforesaid as now in the occupation of Stephen Blackwell unto my said daughter Hester Bush her heirs & assigns for ever subject nevertheless & upon condition that they the said Ann Bush & Hester Bush to have receive and take the conts (?) issues & profits of each of the said cottages for and during the term of her natural life or her marrying again as aforesaid.
Executed in the presence of all attested by 3 Witnesses
15th Dec 1813 - The said James Bush by a Codicil to his Will then dated gave & devised as follows -
” I give devise & bequeath my cottage & appurts now in the Occupation of John Bright to my wife during my natural life and after her decease to all and every one of my daughters ie Ann Bush, Susanna Bush, Elizabeth Bush, Charlotte & Hester their heirs & assigns for ever. Likewise I give devise & bequeath my cottage and tenement in the occupation of Stephen Blackwell to my wife during her natural life and after her decease to all & every one of my Daughters Ann Bush, Susanna Bush, Elizabeth Bush, Charlotte Bush & Hester their heirs & assigns for ever”
Executed in the presence of & attested by 3 witnesses & proved with said Will 1st June 1814 in the Commissary Court of the Bishop of London for the parts of Essex & Herts.
margin note - 20th Jan 3d Will. 4th - Indentures of ..(?) then levied between George Button Hailes & Thomas Lewsey & Elizabeth his wife, Charles Willis & Charlotte his wife, & Elias Barnard & Hester his wife….
6. 1833 - SALE OF COOPER's HALL BY THE BUSH DAUGHTERS TO GEORGE BUTTON HAILES inc. two messuages, three cottages, two barns, two stables, two outhouses, three cartilages, three gardens & 2 orchards with the appurtenances in Henham
(much of the substance of this text could have inspired John Cleese to his ‘Declaration of the aims of the Judean National Front Party’ & ‘What did the Romans ever do for us ?’ in the film ‘Life of Brian’)
margin note - March 1833
By indenture then dated made between said Thomas Lewsey thereinafter described of Thorley in the county of Hertford, innkeeper & Elizabeth his wife (late Elizabeth Bush, spinster), Charles Willis of Epping in the county of Essex, innkeeper & Charlotte his wife (late Charlotte Bush, spinster) and Elias Barnard of Little Baddow in the county of Essex, farmer & Hester his wife (late Hester Bush, spinster) of 1st part said George Button Hailes therein described of Linton in the county of Cambridge, carpenter of 2nd part & Joseph Shepherd of Saffron Walden, county of Essex, gentleman of 3rd part
Reciting said abstracted Codicil to the Will of said James Bush. His death on 20th December 1813 without having altered or reverted the same and the Probate of said Will & Codicil and reciting that since the decease of said Testator the cottage or tenement in said Codicil mentioned to be in the occupation of Stephen Blackwell has been divided into two tenements and reciting that said Mary Bush the wife of said testator died on 18th August 1829 and that said Ann Bush one of the daughters of said Testator died on 5th August 1822 and said Susanna Bush one other of said daughters of said Testator died on the 6th August 1828 & no act having been done by them said Ann Bush & Susanna Bush or said Elizabeth Lewsey, Charlotte Willis & Hester Barnard or either of them to sever the joint tenancy created between them in the Messuages, Cottages or Tenements & hereditary devised to them by said recited Codicil same heredits were then vested in them said Thomas Lewsey & Elizabeth his wife in right of said Elizabeth, Charles Willis & Charlotte his wife in right of said Charlotte, & Elias Barnard & Hester his wife in right of said Hester for an estate of inheritance in fee simple in possession and reciting that said several persons parties to the now abstracted Indenture of 1st part had contracted with said George Button Hailes for the sale to him of said Messuages, Cottages or Tenements & Heredits & the fee simple & inheritance thereof free from all encumbrances for £ 140 and with a view to such sale they said parties thereto of the 1st part in or as of Hilary Term then last acknowledged & levied unto said George Button Hailes& his Heirs a Fine In Conveyance (?) detroit come ceo & of said Messuages, Cottages or Tenements Heredity by the des..(?) aforesaid feel that no use had yet been declared of said Fine and it had been that said Contract for Sale should be carried into effect by such declaration of the uses of said Fine as thereinafter was expressed.
It is witnessed that in consideration of £ 140 to said several persons parties thereto of 1st part paid by said George Button Hailes It was thereby declared & agreed between & by said parties thereto so far as they respectively were interested in the aforesaid Messuages, Cottages or Tenements & Heredits & they did thereby severally direct & appoint That the Fine so as aforesaid or in any other manner or at any other time or times to be acknowledged & levied and also all & every Fine or Fines & other assurances whatsoever at any time or times thereforeto and to be at any time & from time to time thereafter acknowledged & levied made & executed of said Heredits or any part thereof either alone or jointly with any other Heredits whatsoever by & between said parties thereto or any or either of them alone or jointly with any other person or persons whomsoever should be operate ….? & that the person or persons to whom the said Fine or Fines or other assurances respectively had been or should be levied suffered made and executed should stand and be seized as to for concerning said Messuages, Cottages or Tenements & Heredits therein before referred to & which were then known & distinguished as follows vis (inter alia)
All that messuage, Cottage or Tenement (then converted into two cottages or tenements situate & being at Henham aforesaid formerly called or known by the name of Raleys otherwise Coopers Hall or by whatsoever other name or names the same then, were or had been called or known Together with all the Houses, Outhouses, Edifices, Buildings, Barns, Yards, Gardens, Orchards & Backsides thereunto adjoining & belonging, abutting on the Highway from Henham to Elsenham eastward and southward and on Land then or late of Miss Guyver on all other parts as the same late were in the Tenure or Occupation of John Day or his assigns & then of John Brand & John Frost & were late the estate of Charles Bones with the rights, members & appurts. to the said Messuages, Cottages or Tenements …. belonging or appertaining
To the uses following vis
To such uses as said George Button Hailes should from time to time by any Deed or Deeds appoint
and in default of such appointment & from time to time subject thereto
To the use of said George Button Hailes during his life and after the de….? of that estate
To the use of said Joseph Shepherd & his heirs during the life of & in trust for said George Button Hailes
and after the de….? of these estates
To the use of said George Button Hailes his heirs & assigns for ever
Covenants by said Thomas Lewsey, Charles Willis, & Elias Barnard for themselves respectively & their respective wives so far as related to one undivided third part of said Heredits that they had good right to convey for quiet enjoyment, free from encumbrances & for further ….?
executed by all the parties except said Joseph Shepherd attested by two witnesses & Receipt for Conson indorsed.
7. 1787 12th & 13th Oct - SALE OF RALEYS aka COOPER's HALL BY THOMAS PATMORE & THOMAS HALL FISKE TO JAMES BUSH
‘Made the 12th day of October in the twenty-seventh year of the reign of sovereign lord George the Third…..in the year of our lord one thousand seven hundred and eighty seven Between Thomas Patmore of Rickling in the county of Essex, butcher and Thomas Hall Fiske of Saffron Walden in the county of Essex, gentleman, the trustee for the said Thomas Patmore of the one part and James Bush of Henham in the same county, carpenter, of the other part. Witnessed that for and in consideration of the sum of five shillings of lawful money of Great Britain by the said James Bush in …… well and truly paid at or before the sealing and delivery of those present the receipt whereof is hereby acknowledged They the said Thomas Patmore and Thomas Hall Fiske hath bargained sold and devised and by those present doth bargain sell and devise unto the said James Bush, his Executors, his Administrators and assigns All that messuage, cottage or tenement situate and being at Henham aforesaid formerly ‘ralles’ or known by the name of ‘Raleys’ otherwise Coopers Hall or by whatsoever other name or names the same now is or hath been ralles, or known together with all the house and outhouses, edifices, buildings, barns and stabled yards, gardens, orchards and backsides thereunto adjoining and belonging abutting on the highway from Henham to Elsenham eastward and southward and on land of Miss Guyver all other parts as the same are now or late were in the tenure or occupation of John Day or his assigns and all ways sighted…. easements rights …. appurtenances whatsoever to the same premises belonging or in any wise appertaining and the reversion and reversions, remainder and remainders thereof To Have And to hold the said messuage, cottage or tenement……and all and singular other the premises herein and hereby bargained and sold or mentioned and intended so to be with their appurtenances unto the said James Bush, his executors, administrators and assigns from the day next before the Day of the Date of those present for, during and unto the full end and term of one whole year from tenure next ensuing and fully to be ………and ….Yielding and paying therefore unto the said Thomas Patmore and Thomas Hall Fiske, their heirs or assigns the rent of one pepper corn only at the end of the said term if the same shall be lawfully demanded To the intent and purpose that by virtue of those present and by force of the statute for transferring uses unto possession made and provided by the said James Bush may be in the actual possession of all and singular the premises aforesaid and may be thereby enabled to accept and take a grant and release of the Reversion and Inheritance of the same premises unto him the said James Bush, his heirs and Assigns to the use and benefit(?) of him the said James Bush, his heirs and Assigns absolutely and for ever In Witness whereof the parties first above named their hands and seals to …. have set the Day and year first above written