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RefNoKHAC4/4670/3/37
AltRefNo4670/37
TitleDeed of covenant and indemnity
Description1. Charles Warner of Somersham, farmer. 2. George Game Day of St Ives, gentleman; Charles Ibbott Warner of Somersham, farmer. Recites indenture dated 17 July 1821 in consideration of the intended marriage between 1 and Edith Watson. Recites that the said marriage took place at Somersham 24 July 1821. Recites indenture dated 25 August 1821 [see 4670/32]. The premises recited in this deed were duly surrendered to Richard Matthews and John Green by the Robert Warner named in the said indenture. Recites that Edith Warner has since died, leaving as her heirs her four children. Recites that the said Richard Matthews died in 1839. Recites that the said John Green by his will dated 15 April 1837 appointed Charles Green, Edward Green and Martin Osborne, gentlemen, as executors, and bequeathed all estates vested in him upon any trusts or byway of mortgage to his said executors. Recites a codicil to the above will, dated 14 April 1840, bequeathing to his said executors certain estates recently purchased. Recites that the said John Green died 5 May 1840 and his will was duly proved by two of the said executors 13 October 1840 at the archdeaconry court of Huntingdon (the said Martin Osborne having renounced probate by a deed poll dated 18 June 1840). Recites that the bequests in the will of the said Robert Warner, dated 9 May 1822 concerning premises and land in St Ives and Hemingford Grey. Recites that the said Robert Warner has since died and his will was proved 3 May 1826 in the archdeaconry court of Huntingdon by Susannah Warner, John Warner and Thomas Warner. Recites that the said Thomas Warner died in 18--. Recites that 1 and the said John Warner now hold the said several estates formerly belonging to the said Robert Warner, subject to the mortgage of £3000 and interest. Recites indenture dated 4 February 1850, by which 2 were appointed as trustees to replace the said John Green and Richard Matthews deceased, and by which the said mortgage for £3000 dated 25 August 1821 was assigned to 2. Recites that the said sum of £3000 has been paid off and advanced by 1 to his children (Selina Edith Vipan, Lydia Peacock Owen, Charles Ibbott Warner and Fanny Ann Warner) and they with 1 have requested that 2 release the said premises to the said Charles Warner and John Warner, devisees of the will of Robert Warner, deceased. Recites indenture dated 15 March 1852. This indenture witnesses that 1 now covenants to and with 2 that he, 1, shall indemnify 2 from and against all actions, suits and other proceedings both at law and in equity which could be brought against 2 for any costs they may sustain by virtue of the said indentures dated 17 July 1821, 25 August 1821 and 4 February 1850.
Date15 March 1852
CreatorNameBorough of St Ives
RepositoryHuntingdonshire Archives
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