~~ Your FamilyChest Document ~~

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Document Number:0504286
Title:Release Attested Copy
Date:24 November 1780
For Sale:75.00
Condition:
Exceptionally good condition for a paper document of this age.
Description:
Paper : 7 sheets (written on 8 sides) plus 1 cover sheet 41cm x 32cm with revenue stamp. This is a copy made in 1813 of a document originally dated 1780. It is on paper watermarked 1810.
Summary of contents:
PARTIES
Robert GREENACRE of Harleston, Norfolk. Gentleman.
George RUTHERFORD of Birr, King's County, Ireland, now resident at Pulham St Mary and Magdalen, Norfolk. Schoolmaster.
Francis FISHER of Laxfield, Suffolk. Farmer.
Charles HUTCHINSON of Ubbeston, Suffolk. Farmer.
Henry BRANCH of Laxfield, Suffolk. Gentleman.
John BIRD of Garboldisham, Norfolk. Innholder (died 1762).
Robert TAYLOR of Pulham, St Mary, Norfolk. Yeoman (died 1776).

SUBJECT
We are told that Robert Greenacre and George Rutherford are Executors and Trustees of the late Robert Taylor of Pulham St Mary, Yeoman. Robert Taylor in turn was Executor of his wife Elizabeth, formerly the wife of John Bird.

The document concerns a property known as 'The Swann' in Garboldisham, Norfolk, together with 2 messuages, 1 barn, 2 stables, 8 curtilages, 2 gardens, 15 acres of land, 5 acres of meadow and 5 acres of pasture, all in Garboldisham.

This is a long, convoluted, document which begins with 12 'whereas' clauses. Much of it relates to Elizabeth and John Bird and I have included them in the list of indexed names.

The recitals (briefly!) are as follows:

1. Indenture of 1760. John and Elizabeth Bird covenant to make some acknowledgment about this property at the Court of Common Pleas at Westminster.

2. Indenture of 1762. John and Elizabeth Bird borrow 400 from John Buxton of Earsham, Norfolk on security of this property.

3. Indenture of 1763. The 400 debt is transferred from John Buxton to William Robertson by Elizabeth Bird (who is now a widow). Elizabeth Bird married Robert Taylor shortly afterwards.

4. Indenture of 1772. The debt is transferred to Francis Fisher and increased to 450. Elizabeth Taylor then died in 1772 leaving everything to her husband Robert Taylor.

5. 'After the death of Elizabeth Taylor, the tenants in possession refused to pay the rents and the interest of the mortgage being unpaid a Declaration of Ejectment was served upon the tenants'. This went to the Norfolk Assizes in 1776 and then to the Court of Exchequer.

6. Robert Taylor died in 1776 before the case was resolved, leaving a will which directed his Executors, Robert Greenacre and George Rutherford, to sell his property. The one beneficiary specifically named is MARY, the wife of George Rutherford, who was the niece of Robert Taylor.

7. The court case finished up with Francis Fisher being 'put in the legal possession' of the freehold part of the property (but that doesn't seem to mean that he was given ownership of it).

8. Greenacre and Rutherford now agree to sell the freehold property to Francis Fisher for 603. But with 492 mortgage and 100 costs there is only 11 for the legacy to Mary Rutherford and nothing to pay for Robert Taylor's funeral.

The whole object of this Indenture is to finalise this agreement. Charles Hutchinson is purchasing the property jointly with Francis Fisher and Henry Branch is a Trustee in the contract.
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