Reference
X439/63
Title
Abstract of the title of Admiral Richard Graves and Samuel Colleton Graves to the sum of £2,000 advanced on mortgage of estate of Sir M Burgoyne
Date free text
[1810]
Production date
From: 1738 To: 1810
Scope and Content
reciting:
marriage settlement of 29 and 30 October 1738
Assignment of 25 March 1781
a) Edward Earl Winterton
Charles Chaplin, esquire
Richard Sutton Yates, clerk
(executors of the will of Thomas Lord Archer deceased)
b) Sir John Burgoyne, baronet (eldest son of Sir Roger Burgoyne, then deceased)
c) Montagu Burgoyne and Frances Burgoyne, two of the younger children of the said Sir Roger Burgoyne
d) Dame Frances Burgoyne
e) James Everard Arundell
Sir Roger Burgoyne died on 30 December 1780. His younger children, c) and Catherine Burgoyne became entitled to have sum of £5,000 raised and paid to them in equal shares within 6 months after Sir Roger's decease, and interest
reciting that a) are executors of the estate of Thomas, Lord Archer
Montagu Burgoyne having occasion for £1,666..13s..4d (his share of said £5,000) and Frances Burgoyne for £333..6s..8d (part of her share) (total £2,000) have asked e) to advance same
Now in consideration of said sums paid to c)
a) by direction of b) and c) confirm to e)
… 2 undivided 1/5th parts of Manors etc. [as in marriage settlement]
to hold for remainder of term of 3,000 years with proviso for redemption on repayment of said £2,000
to more effectually securing repayment d) agreed that said sum should take the place of her jointure
reciting deed of [2]5 July 1783 with John Bramston and John Forster
reciting will of Samuel Graves, late of Hembury in parish of Bucherell, Devon, Vice Admiral of the Red, proved (Prerogative Court of Canterbury) on 16 March 1787 [see also X115/6]
reciting Order of the High Court of Chancery to enquire whether Richard Graves and Samuel Colleton Graves were entitled to said sum of £2,000 [see X115/84-86]
reciting Report of Master in Chancery of 5 April 1810. Was admitted by John Forster, who survived John Bramston, that £578..5s (part of said sum of £2,000) was advanced by Samuel Graves deceased, and £1421..15s residue was proper money of Margaret Graves, his widow.
However Thomas Graves and William Graves had advanced said sum to Margaret Graves. So was agreed that John Bramston and John Forster should assign whole of said mortgage for £2,000 to Thomas and William Graves. Assignment was prepared but never executed. Said mortgage still remains vested in John Forster subject to trusts of will of Samuel Graves. Master found that Richard Graves and Samuel Colleton Graves were entitled to said sum of £2,000
Order confirming above of 9 April 1810
Level of description
item