| Content Description | First Party: Rev. James Oakes, clerk of Tostock, Suffolk; and Rev. Henry Hasted , clerk of Bury St Edmunds, Suffolk.
Second Party: James Oakes.
Third Party: Henry James Oakes, esquire of Bury St Edmunds; Henry Hasted; and Rev. George John Haggitt, clerk of Bury St Edmunds also.
Fourth Party: Henry Charles Howard, Earl of Surrey [later 13th Duke of Norfolk]; the honourable Charles Petre of Bury St Edmunds; George Fiesche Heneage, esquire and Edward Heneage, esquire, both of Hainton Hall, Lincolnshire.
Assignment of a mortgage from (2) and (3) to (4) of the principal sum of £25,000 secured by the indenture recited at (a) below, with all interest due and owing; also of all other bonds, covenants and other securities for the same principal sum; mortgage to be held for (4)'s aboslute benefit.
Further witnesses that (3) has assigned to (4) all the property comprised in the indenture recited at (a) below with all estate, right and title; property to be held for the residue of the unexpired term of 3000 years; [property comprises of all the castles, manors, hundreds, rectories, advowsons, messuages, farms, tithes and so on in Yorkshire, Nottinghamshire, Norfolk and Suffolk]; contains usual covenants.
Consideration: £25,000. [details provided as to the specific breakdown of the consideration].
Recitals: (a) details of an indenture of mortgage dated 25 Mar. 1817; (b) the will of James Oakes dated 23 Aug. 1822 ordered his executors to stand seized and possessed of two sums of £12,500. being part of the mortgage of £25,000 in trust for (1) on behalf of his children, and appointed his son Orbell Ray Oakes as sole executor; (c) Oakes died without revoking his will and it was duly proved at Canterbury; (d) details of an indenture of assignment dated 8 Apr. 1836; (e) Orbell Ray Oakes made his will dated 17 Dec. 1836 and made his son Henry James Oakes and Hasted executor, and by a codicil dated 16 Mar. 1837 added Haggitt as co-executor; (f) fact that Orbell Ray Oakes died without revoking his will and were duly proved; (g) the principal sum of £25,000. is still due and owing, but all interest has been discharged; (h) fact that (4) has agreed to advance the sum of £25,000 on assignment of the mortgage as security.
Endorsed as being a true copy of the original examined on 7 Jun. 1839. |