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Chancery Depositions (PRO C10/227/83 Warren Cooke Clitter and Clarke v Stapleton)

2.6.1687 (Thursday 2 June 1687)

document 17200607

schedule containing the obligation made from Geo Cressener gentleman to Jas Brockwell of the penal sum of 500li with a condition there under mentioned as part of the answer of Math Stapleton and Mary his wife two of the defendants to the bill of complaint of Edw Warren and others complainants being as follows know all men by these presents that I Geo Cressener of Earls Colne gentleman am held and firmly bound unto Jas Brockwell of Bocking in the said county yeoman in 500li of legal money etc to pay the said Jas or his attorney executor or assigns well and faithfully etc 26.5.1668 the condition of the obligation is such that whereas Edm Potter late of Earls Colne Essex deceased did make his last will and testament in writing bearing date 25.7.1667 and thereof made the said Geo Cressener and Jas Brockwell executors and whereas it is agreed between them the said Jas Brockwell shall prove the same will and take upon himself solely the executorship thereof and whereas the said Jas Brockwell by his obligation bearing date with these presents did become bound to the said Geo Cressener in the penal sum of 500li with condition there underwritten that if the said Jas Brockwell his executors and administrators do and shall from time to time and at all times hereafter upon reasonable request of him or them made by the above named Geo Cressener his executors administrators or assigns give a true and just account unto him the said Geo his executors administrators or assigns of all and every part of the estate of the said Edm Potter as it shall be received and come to him or their hands and shall also as soon as there shall be in his or their hands the sum of 40li or more put forth the same with the consent and upon such security as the said Geo Cressener his executor or administrators shall in writing under his hand allow of to the end the said principal money may from time to time be secured for the payment of the said several legacies in the bill mentioned reserving the moiety with the interest of the same to him the said Jas and the other moiety to the said Geo their several executors and administrators and if the said Jas his executors or administrators shall pay the just debts owing by the said Edm Potter and also from time to time as the legacies shall grow due and at all times here after well and truly pay the same accordingly and proportionably to what shall come to his or their hands of the estate of the said Edm Potter abating charges for the recovery of the same and shall also save defend keep harmless and indemnify to the said Geo Cressener his executors administrators all and all manner of trouble costs charges which may anyways happen or come upon him or them so or by reason of any part or parcel of the said estate which shall come to the hands of the said Jas his executors or administrators for which they are chargeable then the said obligation to be void or else to remain in full force as in the said obligation and condition thereof may appear and whereas the said Geo Cressener hath in the hands of the estate which was the said Edm Potter the sum of 150li if that the said Geo Cressener his heirs executors and assigns should pay or cause to be paid unto such legacies as the said Jas Brockwell his executors administrators or assigns shall appoint the said sum of 150li and such legacy or legacies given by the said Edm Potter in and by his said last will and testament are due to be paid and shall in the meantime until payment of the said monies yearly pay or cause to be paid to the said Jas Brockwell his executors or administrators or assigns the sum of 4li10s yearly at two several days of payment in the year that is st john and xmas by equal portions the first payment to begin at st john baptist next ensuing the date hereof for his share of the interest of the said money and further if any of the money that hath or shall arise or be made of the said estate that was of the said Edm Potter shall be put out and disposed of by joint consent of them the said Geo and Jas in writing under their hands each to other or their joint executors administrators and shall happen to be lost not recoverable by law by reason of the inability of the borrower thereof or badness of the security taken for the same then the said Geo Cressener his executors administrators and assigns shall sustain and bear one half of such loss and shall and will at all times and forever hereafter save defend and keep harmless the said Jas Brockwell his heirs executors and administrators of and from the payment of half of such money as shall be so lost and not recoverable as aforesaid and of and from all costs and charges that he or they shall bear or sustain by reason of the same moiety that then this present obligation shall be void or else to remain in full force sealed and delivered in the presence of Thos Lenton Thos Walford Jn Owers