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July 3, Edward Morton, or either of them, should be sufficient dis1854. charges for such purchase-money: And the said testator did

give, devise, and bequeath the rents and profits of the said
premises, and the purchase-money thereof, when sold, unto the
several persons in his said will named, in manner therein men-
tioned: And the said testator appointed the said John Foot,
Thomas Wing, and Edward Morton executors.

EXECUTED by said testator, and attested by
Thomas Reid and Benjamin Ward (a).
Proven, 15th January, 1861, in the Principal
Registry of the Court of Probate.
REGISTERED at Northallerton, 30th Jan. 1861.
B. 2, No. 176.

Nov. 6, THE SAID Henry GREEN died. 1860.

Feb. 6, INDENTURE BETWEEN said John Foot, Thomas Wing, and

Edward Morton, of the one part, and James Stone, of the other part.

RECITING the before abstracted will of said Henry Green;

RECITING sale by public auction: IT WAS WITNESSED, that, in performance of the trusts thereinbefore recited, and in consideration of £2,000 paid to said Foot, Wing, and Morton, by said James Stone, said Foot, Wing, and Morton, did grant, bargain, sell, alien, release, and confirm unto said James Stone (in his actual possession, &c.), to his heirs,

All [the before abstracted premises] ; To hold the same unto said James Stone, his heirs and assigns:

TO THE USE of said James Stone, his heirs and assigns,

for ever.

COVENANT by said Foot, Wing, and Morton, that they had done
no act to incumber,
And for further assurance.

EXECUTED by said Foot, Wing, and Morton, and
attested, and RECEIPT for consideration indorsed.
REGISTERED at Northallerton, 8th March, 1861.
B. 2, No. 177.


(a) The names of the witnesses to a will should always be stated, that it may be seen that no devise or bequest has been invalidated by the making the devisee or legatee a witness.

Ang.10, The said James Stone died intestate, and without issue, where1870. upon

the estate descended to PERCY Thomas Scott, his heir at law, as appears by the following sketch of his pedigree :

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May 2, DECLARATION of ELIZABETH WATERS as follows:-"I, Elizabeth 1882. Waters, of the parish of Sudworth, in the county of North

ampton, widow, do solemnly declare, that I well knew Richard Stone and Susan his wife, who many years since resided at Oldford Grange, which is in the parish of Cayfield, in the said county of Northampton, That the said Richard Stone died, and was buried at Cayfield aforesaid, in or about the year 1847, leaving the said Susan his wife widow, and four children him surviving, namely, James Stone, Richard Stone, Mary the wife of John Scott, and Thomas Stone. And I further declare, that I well knew the said James Stone, and that he married Anna Gilbert, at York, in the year 1842, and that she died shortly after the said marriage without issue, and that the said James Stone never married again, but died in the year 1870 without issue. And I further declare, that the said Richard Stone the younger had a daughter named Judith (who was his only child), and who died in his lifetime, namely, about the year 1849, unmarried. And I further declare, that I have been informed, and verily believe, that the said Mary Stone married one John Scott, and that they had one son, named Percy William Scott, and that he was drowned in the River Cam, in or about the year 1853, leaving lawful issue, namely, a son, named Percy Thomas Scott, and one younger son, and one May 2, daughter; And I verily believe that the said Percy Thomas 1882. Scott is the grandnephew and heir at law of the said James

Stone, and I make this declaration, &c. (Signed) E. Waters. Declared at Cayfield, in the county of Northampton, this 2nd day of May, 1882, before me, John Brown, a Commissioner to administer Oaths."

May 19, INDENTURE made by way of statutory mortgage, BETWEEN 1882. Percy Thomas Scott, of the one part, and John White, Robert

Smith, and Thomas Brown, of the other part.
IT WAS WITNESSED, that in consideration of the sum of £2,500,
paid to said Percy Thomas Scott by said John White, Robert
Smith, and Thomas Brown, out of money belonging to them on
a joint account (of which sum of £2,500 said Percy Thomas
Scott thereby acknowledged the receipt), said Percy Thomas
Scott, as mortgagor and beneficial owner, conveyed unto said
John White, Robert Smith, and Thomas Brown (inter alia),

All [the before abstracted premises] ;
To hold the same to and to the use of said John White,
Robert Smith, and Thomas Brown, in fee simple.

FOR SECURING payment, on the 19th day of November,
1882, of the principal sum of £2,500, with interest

thereon, at the rate of £4 per centum per annum. Proviso that said Percy Thomas Scott, or any person deriving title under him, should not, except with the consent in writing of said John White, Robert Smith, and Thomas Brown, or the persons or person deriving title under them, exercise the powers of leasing or of agreeing to lease conferred by the Conveyancing and Law of Property Act, 1881, on a mortgagee while in possession.


to certain Lands and Tenements at Stoke, in the

County of Norfolk, and Copyhold of the said Janor. Oct. 1, BENJAMIN Smith, of Stoke, in the county of Norfolk, Yeoman, 1850.

a copyhold tenant of the said manor, personally went before the
deputy steward of Samuel Evans, gentleman, steward of the
said manor and of the courts thereof, and in consideration of
the sum of £1,000 to him the said Benjamin Smith, then paid,
advanced, and lent by James Marsh, of Cromer, in the said county,
farmer, by way of mortgage (the receipt whereof was thereby
acknowledged), did out of court surrender by the rod

ALL THAT one messuage or tenement, with a yard
thereto adjoining and belonging, at Stoke. And also
one piece of land, with a tenement thereupon built,
lying between a way called Parson's Lane towards the
south, and the lands then late of Andrew Clark towards
the north, one head abutted on lands of the lord of the
said manor towards the west, and upon New Street
towards the east, and it contained by estimation 9 acres
1 rood and 15 perches, as appeareth by the survey book
of the manor under the figure 1.
And also all that piece of land described in the award
of the commissioners acting under the Stoke Inclosure
Act by the No. 8, containing by measure 16 acres and
2 roods, bounded by land No. 7 east, No. 2 north,
No. 9 west, and the drift way A, south;
And the revocation, &c.;

And all the estate:
TO THE ONLY USE AND BEHOOF of the said James Marsh,

his heirs and assigns;
UPON CONDITION to be void upon payment to said James Marsh,
his executors, administrators, and assigns, of the sum of £1,000
on the

with interest thereon at the rate of £

day of per cent.

Oct. 1, BY INDENTURE so dated, made between said Benjamin 1850. Smith, of the one part, and said James Marsh, of the other


Reciting that said Benjamin Smith was seised of the said hereditaments before described ;

Oct. 1, 1850.

AND RECITING that upon the application and request of said Benjamin Smith said James Marsh had agreed to advance him, and had advanced him, the sum of £1,000, upon having the repayment, with interest at £5 per cent., secured to him by a surrender of the said hereditaments, and by the covenant of said Benjamin Smith, thereinafter contained.

AND RECITING the conditional surrender before abstracted.
IT WAS WITNESSED that in pursuance and further performance
of the said recited agreement, and for the purpose of more
effectually securing the repayment thereof, he, the said Ben-
jamin Smith, for himself, his heirs, executors, and administrators
did thereby covenant,
That he had good right to surrender :
For quiet enjoyment after default :
FREE from incumbrances :
To insure against fire:
For further assurance :

Executed by the said Benjamin Smith, and attested :
Receipt for £1,000 endorsed, signed and witnessed.

Oct. 3, The said BENJAMIN Smith by his will gave, devised, and be1860. queathed unto his son John Smith,

All and every his messuages, tenements, lands, hereditaments and real estate whatsoever and wheresoever of or to which he then was, or at the time of his decease should or might be, seised or possessed or entitled, whether in possession, reversion, remainder

or expectancy, or otherwise howsoever; To hold the same and every part thereof unto and to the use of his said son, his heirs, executors, administrators and assigns absolutely.

May 7, The said testator died. 1861.

Mar. 18, Will proved by the said John Smith alone in the District 1862. Registry of Her Majesty's Court of Probate at Norwich.

Aug. 22, The said James Marsh by his will appointed his sons Thomas 1869. Marsh and William Marsh executors thereof.

Mar. 3, The said James Marsh died. 1871.

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