Reference
X753/9/1-2
Title
Indenture of further charge (to X753/6) to secure an additional sum of £100 and interest and assignment by way of security for the same (and additional security for the original mortgage deficit and interest)
(in original envelope)
Date free text
8 Dec 1858
Production date
From: 1839 To: 1858
Scope and Content
Parties:
i) George Baron as in X753/6 i): described here as son of Joseph Baron, late of Watton (Hertfordshire), baker
ii) William Brown as in X753/6 ii)
Recitals:
Mortgage in fee of land as in X753/6 a); the recital records that the ground belonging to the mortgaged messuage was then and is now in the occupation of i) and that on part of the ground he has since erected a bakehouse and other outbuildings (24 Oct 1856)
That the sum was not paid at the appointed time whereby the estate and rights of ii), his heirs etc., became absolute at law and the principal sum still remains due
That under and by virtue of the will of William Baron late of Hitchin (Hertfordshire), gentleman, deceased, probate on [date not recorded] in the Prerogative Court of Canterbury by the testator’s widow Sarah Baron of Hitchin, John Crovel Priest of Ickleford (Hertfordshire), miller, and John Birdseye Franklyn of Stevenage (Hertfordshire), draper, (the executors of the will) a moiety of £600 share/stock in the Government annuities (then called the £3..10s % annuities) was given and bequeathed to or in favour of i) from and after the decease of the widow Sarah Baron; and i) by virtue thereof is absolutely entitled in reversion or remainder expectant upon her decease to the said moiety or the fund(s) or investments now substituted for or representing the same (subject to the deduction of legacy duty) (10 Jun 1839)
That i) having occasion for a further £100 has applied to ii) to advance the same to him at interest upon security by way of further charge of and upon the hereditaments with appurtenances at Shefford (i.e. as in X753/6) and by an assignment of the moiety or right and claim in reversion or remainder to the same under the will of William Brown as recited and upon the footing that the whole £400 and the interest thereon shall be secured and chargeable upon the whole of the premises and recoverable thereby and therefrom
Operative part:
In consideration of £100 paid by ii) and the sum of £300 previously paid by him, also to i), i) ...
- ... covenants with ii), his executors etc., to pay him £400 on the 8 June next and also in the meantime to pay interest for the same at £5% per annum from the date hereof until the satisfaction of the principal
- expressly charges the said hereditaments and premises at Shefford and all proceeds arising from any or every sale thereof or otherwise with payment of the principal and interest
- bargains, sells, and assigns to ii) all his moiety, claim, share, and right in, to or concerning the annuities and investments mentioned above (and all conversions and substitutions for and proceeds of and from the same and all dividends, interest and profits thereof) to have, hold, receive, and take the same respectively unto and by ii), his executors etc., as his and their own proper monies, effects and rights
- (and accordingly) constitutes and appoints ii), his executors etc., true and lawful attorney(-ies) irrevocable of him and in that name to demand, sue for and receive the assigned premises; and the possession of this deed shall be sufficient/conclusive evidence that the same remain in force as a security of the validity of any claim(s) by virtue of or upon the footing of the same
Sundry confirmatory clauses follow giving ii) full power to demand and recover and receive and give acquittances, releases and discharges for and in respect of all and singular the assigned premises
Receipted and signed, sealed, and delivered in the presence of George Austin of Shefford, solicitor
Level of description
item