Reference
AN29/26
Title
Mortgage
Date free text
2 December 1768
Production date
From: 1713 To: 1768
Scope and Content
Parties:
(i) Thomas Middleton of Lincoln’s Inn [Middlesex], gentleman;
(ii) Thomas Lee of Saint George’s, Hanover Square [Middlesex], esquire;
(iii) Elizabeth Ashhurst of Bedford Row, Saint Andrew, Holborn [Middlesex], widow of William Ashhurst
Reciting:
- AN29/1;
- the marriage took place;
- Thomas Browne the elder died on 24 June 1714 and John Browne died soon afterwards without issue;
- Samuel Browne died 26 January 1716 [1717] leaving as issue a son, Thomas and Mary Browne pregnant with Mary Browne (now Mary Schutz);
- Thomas Browne the son died 21 March 1721 [1722] unmarried and without issue at which point Thomas Browne, brother of Samuel, became entitled to (b), (p) and (v) to (x) not limited in the jointure of his sister-in-law Mary and became entitled to reversion of (a), (c)-(o) and (q)-(u);
- Mary Browne the daughter (now Mary Schutz) became 21 on 21 April 1738 becoming entitled to her portion of £3,000;
- death of Isaac Ewer leaving the term of 200 years vested in Francis Saint John;
- AN29/2;
- report of master in Chancery of 18 July 1740 certifying that the property in possession of Thomas Browne, uncle to Mary Browne the plaintiff, were worth £3,890 and the premises in jointure (of which Thomas Browne was not in possession) were worth £5,435/7/1 - that the estate in possession of Thomas Browne ought to pay towards the portion £1,251/8/4¼ and the estate in reversion should pay £1,748/7/7/¾ and that it would be most convenient to raise the money for the portion by mortgages of the respective estates and the mortgage of the estate in reversion “should be on the terms of staying for the interest till after the death of the jointress or of the said defender Thomas Browne”;
- master taxed costs of Mary Browne the daughter, Francis Saint John and Oliver Saint John at £99/13/6 of which the estate in possession was to pay £41/16/6 added to the sum of £1,251/8/4¼ and £57/17/- added to the £1,748/7/7¾;
- AN29/3;
- AN29/4;
- AN29/8;
- AN29/25;
- the £3,400 was money of (ii), not (i)
- bond of 1 December 1768 in which John Schutz with (ii) as security, became bound to (iii) in penal sum of £4,000 conditioned to become void on payment by John Schutz or (ii) to (iii) of £2,000 plus interest at 4½%
Operative Part:
- to better secure payment to (iii) of £2,000 and interest and for 5/- paid by (iii) to (i) and (ii), (i) by appointment of (ii) bargained and sold to (iii) (a)-(ah) in AN29/1
Habendum:
- to (iii) for 200 years
Proviso:
- for equity of redemption by (ii) or John Schutz - interest 4½%
Witnesses:
- Thomas Hall;
- Walter Edward Farrell
Level of description
item