Document bundle D/Pen/3 at Cumbria Record Office Whitehaven, relates to a Chancery suit in the 1820s concerning parts of the Pennington family estate, between Thomas Binkard Bingham Esq. & others, plaintiffs, and Robert Woodgate & others, defendants "with the approbation of FRANCIS CROSS, Esquire, one of the Masters of the said Court".
- SIR JOHN PENNINGTON'S WILL
11 Apr 1812, Will of Sir John Pennington, Lord Muncaster. (proved at York, 29 Dec 1813, and Canterbury, 15 Jan 1814): Executors, his daughter the Hon. Lady Lindsay (wife of the Hon. James Lindsay, known as Lord Lindsay, eldest son & heir apparent of the Earl of Balcarras); the Rev. Joseph Corbet of Longnor Hall, Shropshire, Archdeacon of Hereford; Benjamin Stow Esq.; and Robert Woodgate Esq. All manors/lordships and real estate bequeathed to Corbet, Stow & Woodgate in trust: properties which he had purchased to be sold for the benefit of his heir on request from Lady Lindsay, as part of his personal estate (funeral expenses and debts also to be paid from personal estate). Interest & profits from the net residue of the estate payable to Lady Lindsay for life (and thereafter to Lord Lindsay if he should survive her); principal monies to pass to their children after their death.
- After Lord Muncaster's will was proved, various sales and deals were used to raise money from his estate, as illustrated by this document relating to part of Low Eskholme:
18 Mar 1814: Sale indenture: Corbet, Stow & Woodgate (1st part); Sir Lowther Pennington, Baron Muncaster (2nd part); Lord Lindsay & wife (3rd part); John Thomas Batt (4th part)- reciting marriage settlement indentures of 13-14 Jul 1778 between the late Sir John Pennington, Lord Muncaster, and Penelope Compton (and revised version 20 Dec 1790); also various lands & tenements have been sold, and the proceeds, amounting to £8181, paid to trustees of whom Batt is survivor, then by trustees to Lord Muncaster in return for agreement to settle & convey lands of equal value; also Lord Muncaster agreed to convey premises at Low Eskholme to Batt (valued at £8320) in return for the £8181, but died before the conveyance was completed; also as Lord Muncaster had no male heir, Lowther Pennington succeeded him; by agreement the conveyance to Batt of the estate, on trust, in exchange for the £8181 now goes ahead.
[28 Jul 1820: Indenture, John Thomas Batt to Stow, Woodgate & Corbet, as above (reciting the above indenture), promising to preserve the deeds in his keeping.]
- Hilary Term 1821: Bill of Complaint filed in High Court of Chancery by Thomas Prickard Bingham Esq., William Fowle, Fulwar Craven & George Montagu (specialty creditors of the late Lord Muncaster) against his executors (Stow, Woodgate, Corbett, Lord & Lady Lindsay) "for the purpose of having the trusts of the said Will carried into execution"- but before the suit could be heard, Stow died.
- 9 Dec 1822: Decree in Chancery re the above suit (NB: George Montagu, an infant, was represented by William Montagu as next friend) plaintiffs on behalf of themselves and the other unsatisfied creditors of the late John, Lord Muncaster, against Woodgate, Corbet & the Lindsays (including their children Alexander William Crawford Lindsay, James Lindsay, Charles Lindsay & Colin Lindsay)- noting that Robert Woodgate also died before this date and the suit was revived against his representative William Woodgate: referred to Mr Cross, one of the Masters of the Court.
- 8 Dec 1823: Decree confirming William Woodgate as a party to the lawsuit.
- 30 Apr 1825: Decree confirming Daniel William Stow and Henry Wiliam Knight (administrators of the estate of Benjamin Stow) as parties to the lawsuit.
- 25 Jan 1826: Report of the Master in Chancery, in pursuance of the above decrees: £20637/7/2 is due to named creditors in respect of specified debts owed on special contracts by Lord Muncaster at his death; plus £5340/12/8 on simple contracts. A further £2930/19/3.75 was claimed by the executors of the will of the late Cuthbert Atkinson (John Huddleston & George Harrison) in relation to the Hestholme estate mortgage- this claim was disallowed, but still submitted by the Master to the Court.
- 13 Jun 1826: Order in Chancery to carry the the trusts set out in the 1812 Will into execution, by sale of the relevant estates.
Particulars of properties to be sold by auction at the Broad Oak Inn, Birkby, 19 Apr 1827
- Lot 1: [Ulpha & Bootle manors; details omitted here- bought by William Barrow of Carleton Hall]
- Lot 2: Broad Oak Farm (freehold) in Birkby (parishes of Muncaster & Waberthwaite), occupied by Peter Bell as tenant, yearly rent £140. Includes Broad Oak Inn, barn, stabling & "suitable Agricultural Buildings" in Muncaster parish, about 100 acres of land in Muncaster parish (subject to annual payment of 1s in lieu of tithes of corn & hay) & about 100 acres of land in Waberthwaite parish; also has unlimited pasture right for sheep & cattle on Birkby & Waberthwaite Fells, and liberty to dig for freestone, limestone, clay, marl or slate on the premises "for the purpose of improving the same" and for repairs; also to make bricks for the same purposes.
Formerly customary tenancy (manors of Waberthwaite & Birkby), and enfranchisement deeds reserve to the Lords of the Manors the hunting, hawking, fishing & fowling rights, mineral rights, suits of court, ancient piscaries & fishings, and other manorial rights. Small payments must still be made on death or alienation.
There are about 238 sheep belonging to the estate, to be paid for according to a valuation which will be declared at the sale. Growing timber, however, is included in the main purchase price.
[Bought by Benjamin Bibby, farmer of Howbank, Muncaster, for £3400. "Ship 161£" (i.e. Sheep?)]
- Lot 3: The unsold part of Eskholm Farm (freehold and customary). Freehold fields: Folds Head (5a 3r 31p); Moss Close (2a 1r 18p); Hoghouse Close (1a 3r 8p); Well Close & lane adjoining (1a 0r 34p); High Close, aka High Marsh (2a 1r 5p); Berket Garden (8p); Nicholson's Orchard (2r 16p). Plus right of pasturage for 3 cows or horses "upon the Marshes, called Moss Bank, Stang Close, Ellars, and Marsh." All now let to Isaac Cuppage as yearly tenant (annual rent £18).
Also, messuage, orchard & garden let to William Bibby as yearly tenant (annual rent £6).
The freehold property is subject (with the other part already sold) to an annual payment of 2/8 in lieu of tithes of corn & hay. Hunting etc., mineral & manorial rights reserved at enfranchisement, but the purchaser will have a right to dig for freestone, limestone, clay, marl & slate on the same terms as the purchaser of Lot 2.
Customary holdings: Cottage & orchard let to Joseph Bateman (annual rent £3/10/0) and cottage let to William Singleton (annual rent £2/10/0). Annual fineable rent (apportioned) 1s; also subject to a heriot and other manorial suits & services.
(The title deeds are held by the purchaser of the other part, but subject to a convenant for their production).
[Bought by Wm. Bibby "for Lord Muncaster", for £600]
- Lot 4: Customary estate called Chapel Farm (late Brockbank's), consisting of: about 14 acres of land (including 2 laid out as young plantations) let to Joseph Bibby (annual rent £10); cottage & garden let to William Chorley as yearly tenant (annual rent £3); a small garden let with the cottage in lot 5 to Charles Sheppard as yearly tenant (annual rent say £1 of the total £3/10/0); and an untenanted cottage (formerly William Chorley's). Subject to usual suits, services etc., fines on change of tenant or death of the last admitting Lord, 20 times the annual fineable rent (annual fineable rent 4/7; town term rent 6/8 payable every 7 years, plus "a Heriot of the best quick or dead good upon the Death of the Tenant, provided he leaves a Widow"), and to payment of 4d yearly in lieu of tithe of corn.
[Bought by Wm. Bibby "for Lord Muncaster", for £400]
- Lot 5: Customary estate called Chapel Farm (late Thompson's), consisting of: about 15 acres of land, let to Isaac Cuppage as yearly tenant (annual rent £11); cottage let with the garden in lot 4 to Charles Sheppard as yearly tenant (rent say £2/10/0 of the total £3/10/0); and the "Homestead of an old House now fallen down". Annual fineable rent 4/7; town term rent 6/8 every 7 years; fines, heriot, tithe payment as lot 4.
[Bought by Wm. Bibby "for Lord Muncaster", for £390]
- Lot 6: Customary estate called Cranklands, consisting of farm-house & outbuildings with abouit 50 acres of land, let to John Hartley as yearly tenant (annual rent £43). Annual fineable rent 13/4 plus 4 hens & 40 eggs; town term rent £1/6/8 every 7 years; fines calculated as in lot 4; heriot, suits, services etc. as in lot 4. Tenant is bound to keep in repair "a certain number of Yards of fence, called Fell Lane Hedge, in Muncaster, and Part of the Fell Wall adjoining Muncaster Fell." Property subject to tithe in kind.
[Bought by William Middleton, gent. of Ravenglass, for £1110]
- Lot 7: Customary estate in the manor of Muncaster called Herberts, consisting of farm-house & outbuildings, with about 38 acres of land, let as follows: Thorncroft (to John Hartley, annual rent £7); part of Marshlets (William Graham, £3); garden (now to Jonathan Patrickson- formerly to Isaac Thompson, 10/6); garden (N. Armstrong, 6/0); part of Marshlets with old barn (John Braithwaite- formerly J. Patterson, £5/5/0); part of land (J. McKnight- formerly H. Kirkby & Jas. Coward, £8/15/0); part of land (J. Whineray, £2/2/0); part of land (Rev. J. Grice, £2/2/0); part of land (John Brown, £2/15/0); part of land (Isaac Bateman, 12/6); part of land with old house & cowhouse (Henry Jackson- formerly H. Brockbank, £9/5/0); part of land (R. Pattinson, £3/3/0); old house (Jas. Burtram- formerly Jas. Tyson, £2/10/0)
Annual fineable rent 8/6; town term rent £1/6/8 + 2 bushels of wheat & 2 bushels of beans ("according to an old measure kept for that purpose") every 7 years. Fines & heriot calculated and levied as in lot 4, plus usual suits, services etc. "The Tenants of this Lot is also bound to keep in repair a certain number of Yards of the Fell Lane Hedge and the Fell Wall, and Mill Race. This last subject to tithes in kind.
[Bought by William Middleton, gent. of Ravenglass, for £1400]
- Lot 8: [Parcel of peat moss in the parish of Bootle & manor of Corney / Middleton Place; details omitted here. Bought by William Parker of Bootle]
