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Archive Reference / Library Class No.D779/T/5/2/15
Former ReferenceD779/T/655
TitleOrder on petition to confirm the Master's report
Date22 Jun [1804]
DescriptionReciting that Charles Holden on 29 May preferred his petition to the Lord Chancellor reciting an order made on Holden's petition dated 26 November 1803, whereby it was ordered that it should be referred to a Master of this Court to enquire whether it would benefit owners of estates comprised in a settlement dated 30 September 1772 that the mortgage for £1,000 dated 11 April 1779, made by James Holden, a party to the 1772 settlement, should be discharged out of trust moneys raised by the sale of part of the estate in settlement and whether the residue of the estates were sufficient security for the subsisting charges and incumbrances of the estate, and reciting that the Master by his report dated 4 May 1804 certified as follows, having recited the 1772 settlement, that Mary Shuttleworth was dead, that James Holden was dead without issue having charged the estate with annual payment of £300 for the life of wife Constance Elizabeth Holding (sic), now the wife of Nathaniel Gooding Clarke esquire, and having mortgaged the estate for £1,000 as above, that William Shuttleworth was dead without issue and his widow dead, that Charles Holden was in possession of the estate as tenant for life, that he had charged the estate with annual payments for the life of his wife and sums for daughters and younger sons, (gives details);
that he had contracted for the redemption of the land tax charged on the estate for £3,608 12s 4d and had sold part of the estate for £3,996 6s 6d (giving details of the investment of this sum, leaving a surplus over and above what was needed to redeem the land tax) that remainder of estates comprised in the settlement were worth £2,471 14s 11d annually : the master had therefore been of the opinion that it would benefit the owners of the estates in the 1772 settlement that the 1779 mortgage should be discharged out of trust moneys raised by the sale mentioned above and that the residue of the estates was sufficient security for subsisting charges thereon.
Holden's petition therefore had prayed the Report be confirmed, that Annuities in which the sale money had been invested be sold to pay off the mortgage (details given), that premises sold to redeem the land tax might be conveyed to the purchasers discharged of all trusts and charges mentioned and the Lord Chancellor ordered confirmation of Report and sale of annuities to redeem the mortgage.
Dated 2 June 44 GIII
Extent1 item
Levelfile
RepositoryDerbyshire Record Office
Archive CreatorHolden Family of Aston Hall, Aston-upon-Trent
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