Z937/18/7

Case notes on the forfeiture of John Cripps' estate to Charles Nicholls: Recites 4 indentures: I) April 1708 Mortgage between 1) John Cripps & Mary his wife 2) Charles Nicholls 3) Nathaniel Young and Sarah his wife. (1) borrowed 300 from (3) on 3 little closes, to repay 318 by next 16 April. II) 1st October 1708 Indenture, same parties, for a further 900 to repay by 2nd January III) 10th November 1708 John Cripps made a Statute Staple [a Bond] for 2,000 payable to Charles Nicholls [see Z937/18/6] and in Dec 1708 Nicholls sealed a defeazance to Cripps to limit it to 1200, being the 900 and 300 IV) Agreement 17 Apr 1704 [see Z937/18/1] In margin: "note the second indenture is dated before the mortgage for 300 was forfeited" All freehold in Kings Walden mortgaged to Nicholls in indenture (I) is forfeit because the money has not been paid. Cripps married Mary, and her father Nathaniel Young settled on her for life, then Cripps for life, then their heirs. Since the settlement, Young the father and his wife joined with Cripps & his wife in a fine to cut off entail and bar Young's wife's thirds. Queries: Whether Nicholls could safely lend Cripps 900 more Whether the 900 lent on the additional security must be paid before Cripps' wife can come in for her life Whether it will be safe for Nicholls to lend more money on the estate, the wife not being willing to levy another fine What deeds will be best to confirm the estate to Nicholls and of what benefit the Statute Staple will be. Opinion [in a different hand] that Cripps' wife may enjoy the estate for her life after Cripps' death on payment of 300 but without paying the 900. However, Cripps or his heirs can't redeem without paying both. " I cannot advise Mr Nichols to lend any more money unless Cripps & his wife will joyn in a Fine. The Statute Staple can signify nothing so as to charge this land" Query whether the estate will be so incumbered by indenture (IV) as to be destroyed.

1708

From: 1708 To: 1708

2, No. of pieces: 1

Secretary Hand

sheets of paper

item

Cripps, John,
Cripps, Mary,
Nicholls, Charles,
Young, Elizabeth,
Young, Mary,
Young, Sarah

debt, Statute Staple, dower, case notes, Kings Walden, St.Paul's Walden