Reference
X732/8
Title
paper copy of X732/7;
11 pages; found as enclosure within X732/7
Date free text
7 Apr 1718
Production date
From: 1701 To: 1718
Scope and Content
i) Reverend Francis Astry (see X732/9): described here as next heir at law of James Astry
ii) Charles Cutts as in X732/6, iii)
iii) Charles Cotes of the Middle Temple, esquire
Recitals:
Indentures of Lease and Release as in X732/3 3/4 Jul 1701
That the sum of £2,200 advanced in the same by ii) was not paid according to the proviso, or since, whereby the estate and interest of ii) of and in the premises became absolute in law for the remainder of the term of 500 years
That the remainder and inheritance of the premises was afterwards settled upon or conveyed to and for the use of James Astry the son and his heirs
Indenture between James Astry and ii) whereby (after reciting that there was then due to ii) £300 for the interest of the principal, which James Astry could not raise and pay to ii) and therefore had requested him that the £300 might be made principal and added to the existing principal making £2,500 and, for securing the same in toto, with interest for the same), James Astry remised and released to ii) the said recited proviso or condition and all power and equity of redemption by virtue of the same other than as mentioned below and James Astry ratified and confirmed to ii) his executors etc., the said mortgaged estate (by assignment) to have and to hold for the unexpired residue of the term of 500 years under a proviso or condition that if James Astry his heirs etc., should pay ii) his executors etc., £2,625 on the days or times and at the place therein appointed, then ii) shall assign all the estate, right, title, interest and term of years yet to come and unexpired in law or equity of ii) in and out of the said estate to James Astry or to such person(s) as he should direct, nominate and appoint 12 Jun 1706
Certain writing under the hand and seal of James Astry and endorsed upon the above Indenture reciting that there was the due and owing by and from James Astry to ii) upon the said Indenture £200 for the interest of the £2,500 principal until the date of the endorsement and reciting that James Astry could not raise and pay the money to ii) and therefore had requested ii) that the £200 might be made principal and added to the £2,500 to make up the sum of £2,700 principal and had agreed to pay interest at 6% per annum to be accounted for the full sum from the date of the endorsement; and witnessing that, for the considerations aforesaid and for securing the payment of all of the sum of £2,700 then made up principal with interest as stated, James Astry remised and released to ii) the proviso or condition in the last recited Indenture and all power and equity of redemption by virtue of the same and ratified and confirmed to ii) the mortgaged estate with all appurtenances to have and to hold etc., as above with a proviso for redemption upon repayment of £2,781 12 Dec 1711
That James Astry afterwards died intestate and the said premises are descended and come to i) as next heir at law to James Astry
Administration of the goods, chattels, rights and credits of James Astry was committed by the Prerogative Court of Canterbury to i)
9 Nov 1716
That i) paid ii) £700 in part payment of the principal of £2,700 and all interest then due for the principal as appears by a receipt under the hand of ii), dated 12 December 1718 and endorsed upon the last recited Indenture so that there now remains due and owing to ii) upon the security of the premises £2,000 principal with interest for the same to be accounted from 12 December 1718 amounting unto the date of these presents (7 April 1718) together to the sum of £2,031..15s 12 Dec 1717
Present Deed:
Assignment (in consideration of £2,031..15s paid to ii) by i) in full of all and every principal and interest due to ii) upon or by virtue of the several recited Indentures, endorsement and security before mentioned) from ii), at the request and desire and by and with the consent, direction and appointment of i), to iii), his executors, administrators and assigns of the mortgaged estate (manor, messuages etc. as in X732/3)
Habendum: to iii) his executors etc. for the unexpired residue of the term of 500 years (as limited to ii) and created by X732/3) in as full, ample and beneficial manner and form to all intents and purposes as iii) his executors etc., might, could or ought to have held and enjoyed the said premises by force, virtue or means of the several recited deeds etc. in trust nevertheless for i) his heirs and assigns to attend and wait upon the freehold and inheritance of the premises and to the intent that the same may be assigned and transferred for the remainder of the term of 500 years to such person(s) and for such intents and purposes as i) his heirs etc. shall direct or appoint
Dorse: sealed and delivered (and receipted) before Huntley Biggs and John Nash; and inscribed 'The Assignment from Mr Cutts to Mr Cotes of the Term of 500 years In Trust for Dorothy Astry to attend the Inheritance … (12)'
Level of description
item