| 2. | John Ashby was born on 19 Jan 1694/95 in Great Horton, Horton, Northamptonshire, England (son of Robert Ashby, of Quinton and Ann Ashbey); died on 20 Mar 1773 in of Bugbrooke, Northamptonshire, England. Other Events and Attributes:
- _UID: 1FE2F02D40C145879005FF29A88505E5BFDB
- Probate: 1773, Bugbrooke, Northamptonshire, England; John Ashby
Notes:
Land & Property:
Robert Ashby appears to have gone to Wellingborough after his marriage and died there in 1767 before his father, leaving John Ashby his eldest son born in 1754. By his will which was proved at Northampton he gave all his real and personal property to his wife Sarah appointing her executrix and desiring her to divide his property amongst his children as she thought fit. His father died in 1773 having made his will on the 6th March in that year. He appears so far from adding to the family property as most of his ancestors had done to have reduced it. It will be remembered that at the time of the settlement of 1734 the family property consisted of three yardlands besides the house, homestead and homeclose and West Meadow.
By John Ashby's will however it appears to have consisted of one yardland less. But John Ashby had no doubt sold this yardland to his son Robert Ashby of Wellingborough, though the deed by which it was conveyed is not to be found. The present farm is partly new and partly old inclosures, the old portion being the house, homestead and homeclose, and the new being two allotments in lieu of two yardlands in the open fields. One of these allotments was made to Sarah Ashby and it will be remembered that Robert Ashby of Wellingborough gave all his real and personal estate to her. There is therefore no doubt that at John Ashby's death the third yardland had not gone out of the family but was held by his son's widow, she taking it under the will of her husband to whom John Ashby had doubtless conveyed it.
John Ashby does not appear to have had much veneration for his family property; just before his death he had contracted with William Symonds of Glassthorpe Northamptonshire to sell him one of his "two yardlands" in Bugbrooke for ?400. This appears by John Ashby's will where he mentions the contract and directs his executors, his son Lamb Ashby and John Grimes, to carry it out. It appears that the arrangement with Symonds was to cast lots to determine which yardland should be conveyed to him. The other yardland together with the house, homestead and homeclose John gave to his grandson John Ashby the son of his deceased son Robert Ashby of Wellingborough, but charged with many annuities and legacies. West Meadow he gave to his son Lamb Ashby who then occupied it. The residue of his personal property and the purchase money of the yardland to be sold to Symons were to be equally divided between Lamb Ashby, and the testator's grandson John Ashby. John Ashby died on the 27th March 1773 aged 77 and his wife died in the same year aged 73. The will was proved at Northampton.
After John Ashby's death the directions contained in the his will as to the sale to William Symons were carried out, or attempted to be carried out, by his executors; and a conveyance of one of the yardlands was executed to William Symons on the 22nd May 1773. John Ashby's grandson John also took possession of the remaining yardland and the house, homestead and homeclose devised to him. His grandfather however, as a matter of fact, had no power to dispose of his lands at Bugbrooke by his will. There was an old entail on them and till that was barred nothing could prevent the lands descending from father to son under it. For this reason some of the settlements I have mentioned are partly void, and it may be convenient here to consider their real effects. The first document appearing to create an entail was the will of Robert Ashby of 1602. But this as a will of land was void. At that time a will of personal estate did not require any witnesses, but a will of real estate required three, and it was necessary that they should not have any interest under the will. Two of the witnesses of Robert Ashby's will were thus disqualified, and his will though properly admitted to probate as being a will of personal estate was void as far as it attempted to deal with land. This also explains what otherwise might seem an inconsistency in John Ashby's Chancery Bill against Richard Wallop. He there states that Isham's descended to him as his father's heir-at-law which was the case. If the will had not been invalid as to land he would have taken it by the devise or gift of his father. The next entailing documents were the settlement of 1636. These comprised Isham's, Fisher's, Norton's, Zouch's West Meadow and Symonds, all then belonging to John Ashby and subject to his disposal. After being limited to certain life estates they were entailed on the heirs of the body of Robert Ashby by his wife Jane Stevenson. Until this entail was legally barred by a Recovery (a fictitious law suit) nothing could alter the descent of the lands under the entail, and the subsequent settlements were valid so far only as they effected the life interest of the persons who were parties to them. Accordingly on the death of John Ashby in 1773, all the properties included in the settlements of 1636 passed to his grandson notwithstanding the attempted sale of some of them by himself and his executors. The title of the land purchased of Blake by John Ashby who died in 1728 was different. It was subject to no entail, and John Ashby could accordingly dispose of it as he pleased.
The later dealings with the family property had no doubt been made in ignorance of the existence of the old entail, and it seems to have been some years after the death of his grandfather before John Ashby discovered it. There is a tale told of his having hidden himself in a cupboard and so overhearing a conversation in which he discovered his right to the land sold to Symons. What truth there may be in this I do not pretend to say.
In 1780 he appears to have been ignorant of the entail and to have considered his grandfather's testamentary dealings with the land as valid. The Bugbrooke enclosure took place in 1779 and in the next year at a court held for the manor it is recorded that:
"John Ashby appeared and acknowledged that he held of the Lord of the Manor one messuage or tenement with the homeclose and also a plot of land in the new inclosure. All of which premises were in his own occupation, and were devised to him by the will of John Ashby his grandfather deceased."
John Ashby however discovered the existence of the entail before 1793. On making the discovery I am told he took proceedings for the recovery of the land sold to William Symons. The matter was referred to arbitration, decided in John Ashby's favour and the land given up to him. This is no doubt correct as the conveyance to Symons is amongst Morris Ashby's old deeds, and was no doubt given up with the land. Whether John Ashby took any steps to recover West Meadow which was left by his grandfather to his uncle Lamb Ashby I have not ascertained.
John Ashby now had in his possession all the family property as it existed at his grandfather's death except West Meadow, and in 1793 he barred the entail upon it by a recovery. This document and the deed prepared to lead the uses are now in the possession of Morris Ashby of Staines. In the latter documents John Ashby's ancestry is set out by recitals as far back as Robert Ashby who died in 1602 and the Ancient Family Estate is described as a messuage or farmhouse with the homestead and homeclose in the old enclosure of Bugbrooke, and two lots of land adjoining the homeclose and in the new inclosure. The first plot contained 22 acres and 8 perches and was allotted to John Ashby at the time of the inclosure of 1779 in lieu of one yardland with the right of common belonging thereto. The other plot contained 24 acres and 26 perches and was allotted in lieu of one other yardland with right of common.
William Symons was made a party to the deed and conveyed three closes called Highover Bell's Piece, and Hill Close in consideration of ?631.17.8. They were included amongst the property the entail of which was barred and were doubtless allotments made to Symons in lieu of the yardland he purchased or was supposed to have purchased from John Ashby's executors. It would also appear from the deed that John Ashby returned Symons his purchase money of ?400 with ?231.17.8 for interest. The three closes were afterwards known as the Symons Farm and were some distance from the rest of the family property.
The property thus stood at the time the entail was barred as it does now, except that Symons Farm has been sold and a part of the rest has been taken for the purposes of a canal and railway. John Ashby subsequently purchased Hipwell's Farm, Blands Closes, New Meadow and Heyford Closes. In 1822 he is mentioned in Baker's History of the County as possessing 130 acres of land in the parish, and in one of his fields was a Chalybeate Spring. At some time after July 1825 he purchased other land in Bugbrooke known as Chapmans Close.
John Ashby made his will on 23rd July 1825, and by it disposed of the Ashby's Ancient Estate and all his other properties (except of course Chapmans Close which he had not then purchased). Having barred the entail on the Ashby's Ancient Estate he was of course able to do this. He appears to have been proud of the property having been so long in the family and he created a most elaborate entail on it, no doubt thinking that by so doing he should preserve it in the family but it so happened that it was the cause of disputes which led to the property being sold.
The house, homestead and homeclose and new inclosures adjoining which he called his Ancient Family Estate he settled by his will on his son Robert for life then on his grandson John son of Robert for life then on his grandson's eldest son intail male. After this follow limitations in default of the heirs of his grandson's eldest son to the other sons of his grandson, and in default of them to the testator's grandson, Robert brother of his grandson John, and so on through all the testators male descendants; and in default of all these he entailed the property on his granddaughters successively and in default of their issue he devised it to his own right heirs in fee simple.
John Ashby also had some shares in the Grand Junction Canal, which passes over the Ashby's Ancient Estate and was constructed in his time. These shares he settled on his son John for life; then on Hannah, the wife of his son John, for her life; then on Robert, the second son of his son Robert, for life; and then on the owner for the time being of the Ancient Family Estate. He had built three cottages on part of the homestead. He gave these to some of his sons and granddaughters for their lives after which they were to revert to the owner of the farm.
All his other property in Bugbrooke amounting to 72 acres he left to trustees upon trust to let them for 30 years to his son Richard at a clear rent of ?100 per annum, and invest the rents and profits in the purchase of other lands in or near Bugbrooke. The rents of the lands so to be purchased were to be paid to his son Richard for life and then to the testators son Robert for life, and after the deaths of Richard and Robert or at the end of 30 years if Richard and Robert should not live so long, the 72 acres and the properties purchased, with the rents received on account of them, were to be settled in such manner as to form part of the Ancient Family Estate. John Ashby also gave an annuity of ?20 to his son Joseph to commence when he was 60 years of age, and a similar annuity to his grandson Knightly Adams and charged them both on the Ancient family Estate. Chapman's Close being purchased after he made his will according to the law then in force did not pass by it but descended to his eldest son Robert as heir at law.
Probate:
John Ashby died in 1773 having made his will on the 6th March in that year. He appears so far from adding to the family property as most of his ancestors had done to have reduced it. It will be remembered that at the time of the settlement of 1734 the family property consisted of three yardlands besides the house, homestead and homeclose and West Meadow.
By John Ashby's will however it appears to have consisted of one yardland less. But John Ashby had no doubt sold this yardland to his son Robert Ashby of Wellingborough, though the deed by which it was conveyed is not to be found. The present farm is partly new and partly old inclosures, the old portion being the house, homestead and homeclose, and the new being two allotments in lieu of two yardlands in the open fields. One of these allotments was made to Sarah Ashby and it will be remembered that Robert Ashby of Wellingborough gave all his real and personal estate to her. There is therefore no doubt that at John Ashby's death the third yardland had not gone out of the family but was held by his son's widow, she taking it under the will of her husband to whom John Ashby had doubtless conveyed it.
John Ashby does not appear to have had much veneration for his family property; just before his death he had contracted with William Symonds of Glassthorpe Northamptonshire to sell him one of his "two yardlands" in Bugbrooke for ?400. This appears by John Ashby's will where he mentions the contract and directs his executors, his son Lamb Ashby and John Grimes, to carry it out. It appears that the arrangement with Symonds was to cast lots to determine which yardland should be conveyed to him. The other yardland together with the house, homestead and homeclose John gave to his grandson John Ashby the son of his deceased son Robert Ashby of Wellingborough, but charged with many annuities and legacies. West Meadow he gave to his son Lamb Ashby who then occupied it. The residue of his personal property and the purchase money of the yardland to be sold to Symons were to be equally divided between Lamb Ashby, and the testator's grandson John Ashby. John Ashby died on the 27th March 1773 aged 77 and his wife died in the same year aged 73. The will was proved at Northampton.
John married Mary Lamb on 6 Aug 1721 in Northamptonshire, England. Mary was born on 19 Mar 1697/98 in St John the Baptist, Croydon, Surrey, England; died on 29 Jan 1773 in Bugbrooke, Northamptonshire, England. [Group Sheet] [Family Chart]
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1731 - 1731 (0 years)
