Reference
X790/14
Title
Office copy Affidavit of Frederick Hide of St
Neots, clerk to and filed [2 Nov 1864] on the part and behalf of the defendant in the action in Chancery (1863 D No 128) between Frank Day and Ross Day, infants, by their guardian Benjamin Clapham and 'next friend', plaintiff, v Emily Anne Day, defendant.
States that he was the confidential clerk of the
late Francis Day, the intestate in this cause, for many years, prior to and up to the time of FD's decease, in the business of a brewer and general merchant and since his decease he has had the management of and conducted the business for EAD; that at the time of his decease FD was entitled to two sums of £200 and £40 secured by mortgage on an estate at Duloe, the equity of redemption in which formerly belonged to William Giddings since deceased; that WG died intestate leaving two daughters surviving him upon whom the said estate subject to the two mortgages descended as co-heiresses at law; that one of the daughters married Thomas Shelton and the other William Markham; that TS purchased the moiety of the estate which descended to WM's wife [see /12]; that in Jan 1845 TS/WM gave a promissory note to John Hill Day, father of the intestate, to secure repayment of £30 and interest and in Jan 1850 TS gave a promissory note to JHD to secure repayment of £29 19s. and interest; that the benefit of the said promissory note[s] is now vested in EAD as administratrix of FD; that TS is now dead and there is due to the estate of the intestate [FD] for interest on the said 2 mortgages and in respect of principal and interest on the 2 promissory notes and for beer supplied to TS in his lifetime _110 or thereabouts; that the personal estate of TS was insufficient for the payment of his debts and to the best of his [FH's] judgement and belief the value of the estate at Duloe does not exceed £350; that the parties entitled to the equity of redemption of the mortgaged estate are willing to give a further charge thereon to the extent of £80 provided EAD will forego any further claim against the estate of TS; and that in his judgement and belief "it is desirable and will be for the benefit of the intestate [FD] that such proposal should be acceded to and carried out".
Witness: Samuel Day
Date free text
1 Nov 1864
Production date
From: 1864 To: 1864
Level of description
item