Reference
X790/21
Title
Indenture of conveyance (2 membranes)
Parties
(i)George Giddings Shelton of 53 Leverton St., Kentish Town, carpenter
(ii)Christopher Shelton as in /18.
(iii)Emily Anne Day of The Priory, St Neots (Hunts), widow
(iv)Benjamin Clapham of Lee Rd., Blackheath (Kent), esq
(v)Frank Day of The Priory (as above), esq
Recitals
That William Giddings, at the date of his death, was seised of (a)-(b) below subject only to a term of 500 years created by the Mortgage of 17 Nov 1791 recited in /2/1 and a term of 1000 years created by /2/1 which terms were vested in William Atkinson by /5.
That WG died on 4 Sep 1842 intestate leaving 2 children who were his coheiresses at law viz Honor, then wife of Thomas Shelton and Prudence, then wife of William Markham.
Transfer of Mortgage as in /10.
Death on 16 Sep 1849 of Honor Shelton leaving (i) her eldest son and heir at law.
Indenture of Grant as in /12.
Will of TS dated 13 Mar 1850 whereby he devised the moiety of land granted above to his wife Elizabeth Shelton for life, remainder to his son (ii) and appointed his sons (i), called 'George Shelton' therein, and (ii) executors.
Death of TS on 8 Apr 1864 and probate of his will by (i) and (ii) on 20 May 1864.
Indenture of Transfer of Mortgage dated 4 Nov 1864 (see /10).
Indenture of Further Charge dated 10 Dec 1864 (see /10).
Death of ES, 1 Apr 1883.
That (i) and (ii) have contracted with (iv) for the sale to him of the premises below for £420.
That the 3 several principal sums of £200, £40
and £80 are due on the recited securities, all interest having been paid.
That upon the treaty for sale it was agreed that £320 of the purchase money should be paid to (iii) in satisfaction of the sum owing to her.
That (iv) entered into the contract on behalf of (v) who is an infant now aged 20 years and upwards.
That (v) is the only surviving child and heir at law of Francis Day who died intestate on 12 July 1863 and whose estate is being administered in the Chancery Division of the High Court of Justice in a suit in which (v) and Ross Day (since deceased) are plaintiffs and (iii) (widow of Francis Day) is defendant and it was intended that the purchase by (iv) for (v) be sanctioned by the Court in the suit.
Order made in the suit dated 22 June 1883, the Judge [Mr Justice Kay] being of opinion that the purchase by (iv) as agent for (v) was a proper purchase to invest the £420 and that a good title had been shown to the land and a proper conveyance thereof settled by the Judge [as a marginal note on the first skin signed by the Chief Clerk records] and executed, he had directed that so much of the sum of [blank] consolidated £3 % annuities in Court in the credit of Day v Day [1863 D. 128] "The account of the rents and profits of the real estate" as would raise the sum of £420 should be sold and paid to Alfred Henry Clapham and Frederick George Fitch Co., partners, (v)'s solicitors.
That the £420 was raised as directed and paid to AHC/FGF who paid (iii) £320 and £100 to (i) and (ii).
Operative part
Conveyance by (iii), as mortgagee at the request and by the direction of (i) and (ii), and (i) and (ii) (each as a beneficial owner of one undivided moiety of the premises), for the recited considerations (totalling £420), and Release by (iv), to (v) of:
(a)public house called the 'Anchor' situate at Duloe, Eaton Socon
(b)cottages adjoining to (a) and the two inclosures of land at the rear thereof comprising about 2 acs. and now in the respective occupations of [ ] and [ ].
...together with rights, easements and
contappurtenances.
Habendum: to (v) in fee simple freed and discharged from all principal monies and interest secured by the recited mortgages to the intent that the mortgage terms may merge in the inheritance and be extinguished.
Endorsements: signing, sealing and delivery by (iii) before John [?] Hide, brewery manager, by (iv) before Benjamin F Clapham of 24 Old Broad St., E.C., stockbroker, and by (i) and (ii) before Claud Fraser, clerk to Messrs Clapham and Fitch of 181 Bishopsgate without, E.C., solicitors; and witness signatures by several Commissioners to statements that the conveyance is that referred to (and marked accordingly) in affidavits of Frederick Hide (18 June 1883), Claud Fraser (19 June 1883) and Benjamin Fisher Clapham (22 June 1883) in the cause 1863 D 128 referred to above.
Date free text
22 Jun 1883
Production date
From: 1883 To: 1883
Level of description
item