• Reference
    SL1/128
  • Title
    Bond (£400):
  • Date free text
    22 Feb 1823
  • Production date
    From: 1823 To: 1823
  • Scope and Content
    i) Thomas Kington Bayly, Abbots Leigh, Somerset, esquire Sarah Harvey, Ickwell Bury, Northill, spinster Mary Harvey, Ickwell Bury, Northill, spinster ii) Edward Ellis, Hertford, gentleman whereas: John Harvey, late of Ickwell Bury, esquire, was at the time of his death seized in remainder expectant of the decease of his sister Elizabeth Harvey, spinster of 2 1/3 parts of property (as in SL 1/126 and 127). Will made 7 February 1793. Devised to wife Sarah, since deceased, £500 per annum and to daughter Sarah £200 per annum until 21 and then £10,000. Trustees – Robert Henley Ongley and Francis Pym. Remainder to son, John Harvey, for ever :said John Harvey died in July 1793. will proved (PCC) in August 1793 recites: SL 1/123 whereas: marriage between John Harvey and Sarah Gibbard was solemnized : Sarah Harvey, daughter, married William Thornton, esquire, and Sarah Harvey, widow died in October 1802 : legacy of £10,000 bequeathed to daughter was duly paid : John Harvey, son, made his will on 11 February 1819 and empowered wife, Susannah and daughter Susan (since deceased) to sell or mortgage part of his estates (if personal estate not sufficient to pay debts) if extra required. Wife and daughter appointed executors : John Harvey died 20 June 1819 leaving Susannah his widow, Susan his daughter and John Harvey his only son (aged 7) and 3 other daughters , Elizabeth wife of Thomas K.Bayly and above Sarah and Mary – who are over 21 – surviving him : Susannah Harvey alone proved will (PCC) on 16 September 1819 : Susan Harvey died in January 1820 : Edmund Harvey, Rector of Finningley, Nottinghamshire, is seized of other 1/3 part whereas: Susannah Harvey ( as trustee for sale under said will) and Edmund Harvey , at her request, caused whole of said estate (as in SL 1/126 and 127) to be auctioned on 24 April 1822, at which sale ii) was highest purchaser for lot 3 at £320 : on investigating the title the parties are advised that a good title cannot be made by Susannah Harvey, the widow, to the 2 1/3 parts, the general descriptive words, having, it is conceived, included the same 2 1/3 parts together with the other property therein particularly described, and settled upon the trusts : by SL 1/126 and 127 Edmund Harvey devised his 1/3 part to ii) : ii), at instance of i) who have an interest in having money raised under power of sale contained in will of John Harvey, the son, in order that they may be paid the respective legacies thereby given to them, Sarah, Mary and Elizabeth Bayly, and upon i) agreeing to enter into the above written obligation, had agreed to complete his purchase notwithstanding an immediate title cannot be made to the 2 1/3 parts late of John Harvey, the son, deceased ii) has paid to Susannah the purchase money of £213 6s 8d, to be applied as laid down in will of John Harvey The condition of the obligation is that if the infant John Harvey within 6 calendar months of attaining 21, or, in case of his decease before that age, then of his heirs entitled to the 2 1/3 parts, within 6 months of their coming of age or coming into possession of the property, shall by fine or recovery (at their expense) and other conveyance (at expense of ii)) will convey said 2 1/3 parts to him. In meantime said 2 1/3 parts shall be held and enjoyed by ii). If John Harvey, the infant, or his heirs shall refuse to do so, then i) will refund consideration money to ii) together with such further sums which ii) shall have been required to pay to John Harvey by way of rent etc. and all reasonable costs, charges and expenses. signature i) witness: Isaac Hindley endorsed receipt
  • Reference
  • Level of description
    item