Page 3 of indenture entitled 'Conveyance of Lands in Stockton held by Lease for three Lives under the Bishop of Durham Mr. Reeve Mr. Thomas Smith and Mr. Rutter to Mr Samuel Smith

Made:
1776-07-11
part of archive:
Leonard Raisbeck Archive

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Identifier:
RAIS/1/2/1/4
Transcription:
And his two Copyhold ffields in Stockton aforesaid unto and to the Use of the said John Reeve and Thomas Smith their heirs Sequels in Right and Assigns Upon divers Trusts therein declared he gave devised and appointed All his ffreehold And all his other Copyhold Messuages Buildings and Ground in Stockton aforesaid and his Copyhold Messuages Lands and Tenements and parts and Shares of Copyhold Lands and Tenements in Blackwell or elsewhere in the Parish of Darlington in the said County of Durham with the Appurtenances unto and to the Use of the said John Reeve and Thomas Smith their heirs Sequels in Right and Assigns for ever Upon the Trusts therein Declared and in part hereinafter mentioned And the said Samuel Hall thereby gave and devised all his Messuages ffarms and Lands in Stockton aforesaid held together with other Lands by Lease for three Lives under the Lord Bishop of Durham unto and To the Use of the said John Reeve and Thomas Smith their heirs and Assigns during all his Estate and Interest therein In Trust to do every Act that might be necessary for obtaining a new Lease of the same premises from Time to Time as oftener as any of the persons upon whose Lives the then or any future Lease thereof then did or might depend should depart this Life or oftener in Case the said John Reeve and Thomas Smith or the Survivor of them his Heirs or Assigns should think proper And by the Ways and Means therein mentioned to raise and levy from Time to Time such Sum and Sums of Money for paying such part of the ffine ffees and Expences incident to every such Renewal as the same premises were or should be liable or contributory to pay and to apply the same for that purpose accordingly And the said Testator rid by his said Will declare that the said John Reeve and Thomas Smith their Heirs Sequels in Right and Assigns respectively should stand and be seised of the said last mentioned ffreehold and Copyhold premises in Stockton and Blackwell or elsewhere in the parish of Darlington and of the said Leasehold premises thereby to them devised (Subject as to the said Leasehold premises to the Trusts thereinbefore thereof declared) Upon the Trusts therein expressed and in part hereinafter mentioned (that is to say) In Trust by Mortgage or Sale of the same ffreehold Copyhold and Leasehold premises or of a competent Part thereof or by both or either of the same Ways or Means to raise and levy such Sum and Sums of Money as they should judge necessary or expedient for the payment of his Debts and ffuneral Expences and to apply the Money so to be raised for those purposes accordingly and subject as aforesaid The said Testator thereby declared that the same ffreehold Copyhold and Leasehold premises should Upon such Trust and to and for such Intents and Purposes as his said Daughter the said Sarah Smith the Mother by any Deed or Deeds writing or Writings with or without power of Revocation to be by her executed as therein mentioned or by her last Will and Testament in writing or any writing purporting or in the Nature of her last Will to be by her signed and published in the presence of three or more credible Witnesses should direct or appoint And the said Testator constituted and appointed the said John Reeve and Thomas Smith Executors of his said Will and afterwards departed this Life without revoking or varying the same And upon his Decease the said John Reverend Thomas Smith accepted the Trusts and Executorship thereof And Whereas the said Sarah Smith the Mother survived her ffather the said Samuel Hall and after his Decease duly signed sealed and executed her last Will and Testament in Writing bearing Date on or about the eight Day of May in the Year of our Lord One thousand seven hundred and sixty four in the presence of three credible persons who duly attested the same and thereby in Virtue and pursuance of the said recited power to her in that Behalf given in and by the said last Will of her ffather and by Virtue and in pursuance of every other power and Authority enabling her in that Behalf did direct and appoint that the said John Reeve and Thomas Smith and the Survivor of them his Heirs Sequels in Right and Assigns should stand and be seised of the said last mentioned ffreehold Copyhold and Leasehold premises Subject to such of the Trusts thereof respectively declared by the said last Will of her ffather as are therein and hereinbefore mentioned) In trust to sell and dispose of the same ffreehold Copyhold and Leasehold premises And to apply the Money by such Sale arising in the first place to satisfy and discharge all such Debts Sums of Money and Incumbrances as at the Time of such Sale should be charged upon or affect the same premises or any part thereof either prior to or by Virtue or in pursuance of the said last Will of her ffather And in the next place to satisfy and discharge all the Debts and Sums of Money at the Time of making her said Will due and owing from her said Husband and which should remain undischarged at her Decease with Interest from the Time of her Decease for the same And the said Testatrix did in and by her said Will declare and direct that the said John Reeve and Thomas Smith and the Survivor of them his Heirs Executors Administrators and Assigns should stand and be possessed and Interested of and in the Residue of the Money by such sale or Sales arising which Should remain after payment of all the said Debts Sums of Money and Incumbrances In Trust from Time to Time to place out or invest the same upon Government or real or other Securities at Interest And she thereby directed that the said John Reeve and Thomas Smith and the Survivor of them his Heirs Executors Administrators and Assigns should stand and be possessed and interested of and in the Money so to be placed out at Interest as aforesaid Upon the following Trusts (that is to say) As to one third part thereof In Trust for her said Daughter Sarah Smith to be paid or assigned to her as and when she should attain the Age of Twenty one Years And As to the other two third parts thereof In Trust for her the said Testatrix's said son Samuel Smith as and when he should attain that Age And she thereby declared that if either of them her said Son and Daughter should dye under the Age of twenty one Years then and thenceforth the Share of him or her so dying should be In Trust for the other of them and should be paid or assigned to such other of them as and when his or her original Share should become payable And the said Testatrix did by her said Will declare and direct that until the Sale of the premises thereby directed to be sold for the purposes aforesaid it should and might be lawful to and for the said John Reeve and Thomas Smith and the Survivor of them his Heirs Sequels in Right and Assigns from Time to Time to borrow and take up at Interest on Security of the same premises or of any part of parts thereof such Sum or Sums of Money as he or they should think proper for the Payment of all or any of the Debts Sums of x Money and Incumbrances thereby directed to be paid and discharged by and out of the Money to arise by the Sale of the same premises and ffreehold Copyhold and Leasehold premises to make such Mortgages of all or any part of the same premise for securing the Repayment of the Money so to be borrowed with Interest as the same Trustees or the Survivor of them his heirs Sequels in Right or Assigns should think proper And the said Sarah Smith the Mother soon afterwards departed this Life in the Lifetime of her said husband without revoking or varying her said Will leaving the said Samuel Smith her only son and the said Sarah Smith her only daughter then both Infants under the Age of Twenty one Years And upon the Decease of the said Sarah Smith the Mother the said John Reeve and Thomas Smith accepted the Trusts of her said Will And soon afterwards the said ffreehold Messuage Buildings and Hereditaments by the said last Will of the said Samuel Hall appropriated to the payment of his Debts as aforesaid were sold and disposed of by them the said John Reeve and Thomas Smith for that purpose And Whereas the said John Stapylton made and duly executed his last Will and Testament in Writing bearing Date on or about the Eighteenth Day of August in the Year of our Lord One thousand seven hundred and sixty seven and thereby after giving several specific and pecuniary Legacies gave and devised all his real and personal Estate to this Son Henry Stapylton and constituted him sole Executor of his said Will and thereby nominated and appointed his ffriends the Reverend Thomas Robinson of Wycliffe in the said County of York Clerk the Reverend Mr. Rafe of Melsonby in the same County Clerk and the Reverend Layton Etherington of Gilling in the same County Clerk Guardians Tutors and Trustees for his Sons Henry and Thomas Stapylton until they should respectively attain their respective Ages of twenty one Years and till such Time to take Administration upon them with his said Will annexed To and for the Use and Benefit of his said Sons

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