Reference
Z743/23
Title
Biggleswade - Cowfairlands
Mortgage
i) Henry Van der Vord, Biggleswade, accountant
ii) Sarah Hunnybun, Godmanchester, Hunts, widow Edward Walter Hunnybun Gerald Hunnybun
(both of Godmanchester, gentlemen)
iii)George Bowyer, Diddington, Hunts, farmer
reciting that John Church died seised of freehold property as in First Schedule subject to mortgage of 21 October 1882 and to mortgage of 23 November 1883 to secure repayment of £380 and interest at 5% p.a. to Martin Hunnybun. Said mortgage is now vested in ii) as executors of said Martin Hunnybun. Also subject to annuity of £20 to Major Church
He also died seised of property in second schedule, subject to above mortgage of 21 October 1882 and to mortgage of 1 November 1883, which is also now vested in ii), and to above mortgage of 23 November 1883
By his will dated 28 September 1883 John Church devised as follows
... to Edward Walter Hunnybun and Henry Van der Vord
- all real estate to which he should be entitled on trusts said E W Hunnybun and H Van der Vord appointed trustees and executors
John Church died on 10 July 1885. Will proved on 29 October 1885 at Northampton by H Van der Vord alone
i) has since death of John Church discharged principal and interest due on deed of 23 November 1883
by deed poll made by E W Hunnybun of 5 August 1886 he disclaimed all real estate and office of executor and trustee.
By application in Chambers in Chancery Division on 6 August 1886 in an action in which ii) were plaintiffs and i) and
E W Hunnybun and H Van der Vord were defendants, it was declared that debts and funeral expenses of John Church should be borne out of his personal estate and any deficency out of his real estate. Also i) should be at liberty to raise sum not exceeding £850 by mortgage of the real estate to pay such debts,funeral expenses etc
i) having exhausted the personal estate of said testator has requested iii) to lend him £800 and also £200 due to ii) on mortgage of 1 November 1883
also i) has requested iii) to accept interest on mortgage debts of £1200 and £200 at rate of £4% net
Now in consideration of £200 paid by iii) to ii) at request of
i)
ii) and i) assign to iii)
- said sum of £200 now owing to ii) on security of mortgage of 1 November 1883 and all interest
- freehold property as in 1st part of 2nd schedule
- freehold property as in mortgage of 1 November 1883 to be held by iii) subject to equity of redemption
also ii) at request of i) assign to iii)
- copyhold property as in 2nd, 3rd and 4th parts of 2nd schedule and all other property as in mortgage of 1 November 1883 with full power to take admission to said property and all other powers to enforce said mortgage and recover said £200 and interest to hold subject to equity of redemption
Also in consideration of £800 paid to i) by iii)
i) grants to iii)
-property as in 1st, 2nd and 3rd parts of 1st schedule
- property as in 1st part of 2nd schedule
- other freehold property late the estate of John Church, deceased, in Biggleswade to hold subject to mortgage of £1200, annuity of £20 and to mortgage of 1 November 1883
also i) covenants with iii) that he will surrender into hands of Lord of Manor of Bigleswade
- property as in 2nd part of 2nd schedule
- property as in 3rd and 4th parts of 2nd schedule
- property as in 5th part of 2nd schedule
- all other property late the estate of John Church, deceased to use of i) but subject to mortgage of 21 October 1882 and annuity of £20 and to mortgage of 1 November 1883
Provided that if i) shall within 30 days next after every 12 April and 12 October pay interest for principal sums remaining at such a rate as will, after deduction of income tax,leave a clear remainder equal to half a years interest at 4% p.a.
signatures of i) and ii)
witnesses Howard William Travers,brewer,Margate
Albert Ernest Riddiford, clerk to Messrs Hunnybun and Sons, solicitors, Huntingdon
Arthur William Scotney, clerk to Messrs Hunnybun and Sons, solicitors, Huntingdon
First Schedule - first part
- plot in Upsey Field [Wilden]
- 4 cottages erected on part of said piece of land
First Schedule - second part
- messuage and baker's shop in Church Street, Biggleswade
- stables, storerooms etc
First Schedule - third part
- 2 messuages on Langford Road or Hitchin Street [Biggleswade]
Second Schedule - first part
Freehold - garden (1r) with messuage, dwelling house recently erected in occupation of Mrs Church [Biggleswade]
Second Schedule - second part
Copyhold - 2 messuages formerly known as "The Dog in a Doublet"
Second Schedule - third part
Copyhold - 2 cottages in Cowfairlands
Second Schedule - fourth part
Copyhold - piece land in Biggleswade
- 6 cottages
- 2 cottages now divided into 4
Second Schedule -fifth part
Copyhold - 3 x 1/4th parts of
--- plot of ground near Cowfairlands
--- use of well
--- 4 cottages
Date free text
5 Oct 1886
Production date
From: 1886 To: 1886
Level of description
item