Reference
X753/2
Title
‘Instrument of conveyance’ by means of a Bargain and Sale for a term with a separate grant of reversion
Date free text
11 Apr 1842
Production date
From: 1842 To: 1842
Scope and Content
Parties:
i) Brian Larney, formerly of Townley Hall in County Louth (Ireland), afterwards of Upper Gravenhurst and late of Shefford but now of Cabinteely in County Dublin (Ireland), gentleman
ii) James Parrott of Shefford, butcher
iii) George Henry Cooper of Shefford, draper
Recitals:
Conveyance by Indentures of Lease and Release, 18 May 1838 (by way of Marriage Settlement of Elizabeth Mary Clarke of Shefford, the first party, and i) [then residing at Lower Gravenhurst, carpenter], the second party) of divers hereditaments at Shefford (including a) below [from Elizabeth Mary Clarke with the approbation of i)] to the Reverend Charles Threlfall of Shefford (since deceased) and Robert Oliver (the third party) and their heirs to the use of Elizabeth Mary Clarke and her heirs until the marriage, then to the use of Charles Threlfall/Robert Oliver and their heirs during the joint lives of Elizabeth Mary Larney and i) sans impeachment for waste in trust for Elizabeth Mary Larney’s separate use, remainder (after the decease of either of them) to the use of the survivor and the heirs of the survivor for ever [see also X753/4 (vii)]
That the marriage was soon afterwards duly solemnized and effected
Death of Elizabeth Mary Larney (9 July 1839) leaving i) surviving who thereupon and by virtue of the 1838 settlement became seised and entitled in fee simple in possession of and to all the hereditaments
That i) lately contracted with ii) for the absolute sale to him of a) below free from Land Tax or other incumbrances for £150
Operative part:
Conveyance by Bargain and sale for 3 months (and separate grant of the reversion - see below) from i), in consideration of £150 (and 5s paid to i) by iii)), to iii) of:
a) 2 cottages or tenements in Ampthill Street in Shefford (formerly in the occupation of George Hunnibun and Thomas Fisher, afterwards of Elizabeth Hughes, widow, and John Franks, since of William Clark(e) or his undertenants, late of George Knight and Thomas Odell, and now of John Bushby and John Smith) with the site of the same and the other ground belonging thereto and occupied therewith; the same being 33’ in width next the street and thence extending southwardly to the depth of 177’; bounded on the East by other ground heretofore part of the garden belonging to a) but now fenced therefrom by a brick wall, on the South by property of Henry Lewington and on the West by the Wesleyan Chapel Estate
... the term of iii) being in trust wholly for ii), his heirs, appointee and assigns
Grant (grant, alien, release, and conveyance) by i) to ii) of a) and all his estate and interests thereto, reversionary or otherwise
Habendum: to ii) and his heirs to such uses, upon and for such estates, trusts and purposes and under such provisions and circumstances as he shall direct or appoint (and in default of such direction/appointment), to ii) and his assigns for life sans impeachment for waste, and after determination of that estate by forfeiture or otherwise in his lifetime, to iii), his executors and administrators during the life of ii) in trust for him and his assigns, and after determination of this use or estate, to ii) his heirs and assigns
Covenants (4 numbered) include covenant by i) to produce certain scheduled deeds (which he retains as they relate to ‘his Estates of greater value’) viz.
- attested copy Indentures of Lease and Release of 6-7 July 1763 between Henry Wass of the first part and Thomas Phipps of the other
- Indentures of Lease and Release of 2-3 October 1834:
as abstracted in X753/4 (iii)
- Certificate (no.118,542) of contract for redemption of Land Tax on the premises by Elizabeth Mary Clarke (10 January 1835):
as abstracted in X753/4 (iv)
- Certificate of Registry of the same contract and exoneration from the said tax (16 February 1835):
as abstracted in X753/4 (v)
Declaration by i) barring dower to his widow should he leave any
Note:- the margin includes various annotations in pencil, (?by solicitor), by way of instruction, e.g. ‘Mr Larney will please to insert his present occupation (if any) – if out of business say “Gentleman”
Dorse: receipt, signatures and sealing and delivery witnessed by J [?] Kelly of No. 50 Great Dominick Street, Dublin (Ireland), solicitor and attorney of H.M. Law Courts in Ireland
Level of description
item