Reference
X95/242
Title
Copy assurance
Date free text
29 Jan 1878
Production date
From: 1860 To: 1878
Scope and Content
Copy assurance:
Parties:
(i) Edward Burr of Leamington [Warwickshire], esquire; Richard Hatley Crabb of Great Baddow [Essex], esquire;
(ii) Thomas Joseph Sworder of Hertford, gentleman;
(iii) Thomas Sworder of Luton, brewer
Reciting:
- mortgage of 31 Jul 1860 between (1) Edward Burr and Richard Hatley Crabb; (2) Elizabeth Burr, widow; (3) Thomas Sworder of Luton; (4) Thomas Sworder of Hertford in which (4) paid £6,250 (part of the purchase money of £42,250) and promised to pay the sum of £35,000 (the remainder of the purchase money) which then became a mortgage by (4) to (1);
- copyhold premises called Boot, Aley Green, Caddington, formed part of the purchased estate but was never surrendered by (i);
- in 1862 (iii) was entitled to beneficial interest to premises in part two of the first schedule below;
- agreement of 1862 in which (iii) agreed that in satisfaction of his debt of £6,456/7/9 to Thomas Sworder of Hertford he would vest properties in the second part of the first schedule amongst others in Thomas Sworder of Hertford;
- in 1873 (iii) was entitled to beneficial interest in leasehold premises in 2nd schedule below and in yearly tenancies of premises in the 3rd schedule below and of copyhold premises in 4th schedule below;
- agreement of 14 Feb 1873 in which (iii) agreed to convey or assign to Thomas Sworder of Hertford all freehold, copyhold and leasehold property in schedules below;
- will of Thomas Sworder of Hertford of 21 May 1862 devising and bequeathing all real and personal estate to his wife Frances Jane;
- death of Thomas Sworder of Hertford on 20 Mar 1875 and proof of his will in PPR on 22 May 1875 by his widow as sole executrix;
- decree of Chancery of 24 May 1875 in which Richard Moss and George Adolphus Boustred, creditors of Thomas Sworder of Hertford for themselves and others were plaintiffs and Frances Jane Sworder was defendant in which it was decreed that Sworder's estates be sold and the profits held by the court;
- will of Frances Jane Sworder of 10 Jun 1876 devising and bequeathing all her real and personal estate to her son (ii);
- death of Frances Jane Sworder on 18 Jun 1876 and proof of her will in PPR on 30 Jun 1876;
- Order of Chancery of 3 Jul 1876 upon petition of the plaintiffs ordering the suit to now stand against Thomas Joseph Sworder;
- agreement of 18 Nov 1876 in which (ii) agreed to sell the brewery and premises of Thomas Sworder & Company Luton to (iii) for £45,700 subject to agreement by Chancery from which (iii) could deduct £19,800 owing in mortgages if he took on the burden of the mortgages; it was also agreed that (ii) would sell to (iii) for £1,559 the reversionary interests of (iii) under three scheduled wills; (ii) was to seek Chancery approval for the agreement, after which (iii) would pay Edward Burr and Richard Hatley Crabb, mortgagees of the greatest proportion of mortgage debt a deposit of £4,000 paying the balance in the manner directed by the court;
- agreement of 6 Feb 1877 between (ii) and (i), in which on completion of the purchase by (iii) (ii) would pay (i) £27,143 for them to concur in conveying the premises to (iii);
- Order of Vice Chancellor Sir Richard Malins that the agreements of 18 Nov 1876 and 6 Feb 1877 be carried out after which (iii) paid £4,000 deposit to (i)
Operative Part:
- (iii) paid a total of £27,143 to (i);
- (i) released freehold premises in 1st part of 1st schedule to (iii);
- (ii) released freehold premises in 1st schedule to (iii);
- (ii) assigned leasehold premises in 2nd schedule to (iii);
- (ii) released yearly tenancies in premises in 3rd schedule to (iii);
- (ii) released copyhold premises in 4th schedule to (iii);
- (i) covenanted to surrender Boot, Aley Green to (iii);
- (ii) released to (iii) all interest, goodwill etc. as a brewer in premises in 5th schedule
1st Schedule
1st Part
- Black Swan with stable and outhouse, formerly a cottage, in George Street, Luton adjoining Market Place in occupation of Mrs.Millard;
- Crown in occupation of James Burge
[The rest of the schedules are missing]
Level of description
item