Assignment. Consideration £2000

Add Mss 6458

Assignment. Consideration £2000

5 October 1860

(a) Thomas Mellersh, of Godalming, co. Surrey, gent; (b) Emily Williams, late of Pensylvania, near Exeter, co. Devon, and now of Slaugham, co. Sussex (widow and universal devisee in fee named in will of John Leigh Williams, late of Castle Hill, Farnham, co. Surrey, then of Pennsylvania aforesaid, esq., dec'd); (c) William Duke, of Chichester, gent; (d) Allen Duke, of Chichester, surgeon

Recites mortgage, 30 August 1851, John Leigh Williams to Henry Comper, George Draper, Richard Fuller, Edward Fuller and William Gruggen in consideration of sum of £5000, property as hereinafter described, freed from certain legacies mentioned in the will of Elizabeth Penfold, dec'd, but subject to a proviso for redemption

Recites will of John Leigh Williams, 8 November 1851, bequeathing to his wife and sole extrix. (b) all his real estate

Recites death of said John Leigh Williams, 11 October 1856, and providing of said will P.C.C. 8 November 1856

Recites death of said Richard Fuller, 14 June 1855

Recites assignment of mortage, 22 January 1858, (i) said Henry Comper, George Draper, Edward Fuller and William Gruggen; (ii) said Emily Williams; (iii) said Thomas Mellersh, for sum of £5000 plus accrued interest

Recites indenture, 24 June 1857, said Emily Williams to said Thomas Mellersh for £2136 19s. subject to said recited mortgage and said sum of £5000 and to a proviso reciting payment by Emily Williams of £2136 19s

Recites indenture, 21 February 1859, Emily Williams to Thomas Mellersh reciting that said sum of £2136 19s. still remained due from Emily Williams to Thomas Mellersh and that the latter had also advanced on her account £863. 1s., making £3000, and that sums of said £3000 and £5000 still remained due to Thomas Mellersh. Recites also that said Emily Williams owed to him the further sum of £141 10.10. and that Emily Williams should repay up to £1000, and that her property is to be security for the residue

Recites that additional advance of £858 9s.2d (memorandum dated 27 June 1859) so that there is now due for her to him on 3 separate mortgage debts: £5000, £3000 and £1000, but that all interest has been paid

All that messuage sometimes called Westgate House, and the coachhouses, stables, outhouses etc. adjoining and close of meadow land behind the same, on N. side of West Street in St. Peter the Great, formerly in occ. of John Williams esq., dec'd., now of Dr. Joseph McCarogher for some years past, containing 3a.2r. bounded on N.W. and part of W. by a public road from Westgate to Northgate, on the rest of W. by a messuage, garden and premises owned by Robert George Raper, gent., on parts of S. by backs of houses in West Street, on remaining and extreme part of S. by West Street. On N. and part of E. by the pleasure garden of William Cobden Rhoades, gent., on the rest of E. by backs of housesin Lower West Lane, or Tower Street, and Humphry William Freeland's garden and on remainder of E. by leasehold premises late of said Emily Williams, but now of Henry Duke

From (a) and (b) in trust for (c)

Further recites that should Emily Williams dispose of her premises at Bosham, recited in the Indentures 24 June 1857 and 21 February 1859, that the owner shall abide by like covenants

Schedule of property attached 1821-1859

Plan in margin

Witnesses: Robert Edward Mellersh, solicitor, of Godalming, co. Surrey, A. Tickner, his clerk, W.J. Sowton, solicitor, of Chichester, J.T. Becket, of Slaugham, co. Sussex

English