Page 4 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/1/2/1/5
Transcription:
And afterwards departed this Life without revoking or varying his said Will And soon after the Decease of the said John Stapylton x x x administration of his personal Estate and Effects with his will annexed was only granted by the prerogative Court of the archbishop of York to the said Thomas Robinson who afterwards departed this Life And the said Thomas Kaye having survived the said Thomas Robinson and Layton Etherington did in due fform of Law and in the said prerogative Court renounce the said administration and thereupon Letters of Administration of the personal Estate and Effects of the said John Stapylton x x x Unadministered by the said Thomas Robinson with the Will annexed of the said John Stapylton was duly granted by the said prerogative Court to ffrances Stapylton then of Staindrop in the said County of Durham Spinster for the Use of Benefit of the said Henry Stapylton the Executor during his Minority And Whereas the said Henry Stapylton afterwards attained the Age of seventeen years and after his Attaining that Age renounced the Executorship of the same Will and thereupon Letters of Administration of the personal Estate and Effects of the said John Stapylton unadministered by the said Thomas Robinson and ffrances Stapylton with the Will Annexed of the said John Stapylton were duly granted by the said prerogative Court to the said ffrances Stapylton generally And whereas by Indentures of Lease and release bearing Date respectively the eleventh and twelfth Days of June in the Year of our Lord One thousand seven hundred and seventy two the Release being of seven parts and made or expressed to be made between Thomas Kirton then late of Yarm in the said County of York and then of Stockton aforesaid Surgeon and Apothecary of the first part ffrancis Reed of Hurworth in the said County of Durham Esquire of the second part Edward Waldy of Yarm aforesaid Merchant of the third part the said John Reeve and Thomas Smith of the fourth part the said ffrances Stapylton of the fifth part the said John Reeve of the sixth part and the said Thomas Reed Ward and Leonard Robinson of the seventh part after writing in part to the Effect herein before writed And after taking Notice that the said principal Sum of two thousand pounds then remained due and owing to the said ffrances Stapylton as administratrix as therein and herein last before mentioned upon or by virtue of the said Security made to the said John Stapylton as aforesaid And that by the Terms of the said Indenture of Release of the twenty first Day of September One thousand seven hundred and fifty one and by the Rules of Equity so much and such parts of the said premises comprised in the said Indenture of Lease of the seventeenth Day of October One thousand seven hundred and fifty seven as by the said last mentioned Indenture of Release are limited or declared to be In Trust for the said Henry Broton his heirs and assigns in Severalty were liable to the payment of the Sum of One thousand four hundred and fifty pounds part of the said principal Sum of two thousand pounds and the Interest attending the said Sum of One thousand four hundred and fifty pounds And that the Residue of the said premises comprised in the said last mentioned Indenture of Lease and which by the said last mentioned Indenture of Release are limited or or declared to be In Trust for the said Samuel Hall his heirs and assigns in Severalty were liable to the payment of the Sum of five hundred and fifty pounds the Residue of the said principal Sum of two thousand pounds and the Interest attending the same And that there was then due and owing for the Interest of the said Sum of One thousand four hundred and fifty pounds the Sum of One hundred and six pounds But that the Interest of the said Sum of five hundred and fifty pounds to the Day of the Date of the said Indenture of Release of the twelfth Day of June One thousand seven hundred and seventy two was fully satisfied and paid And after taking further Notice that the said John Reeve had on the Application of the said John Reeve and Thomas Smith agreed to advance them the Sum of five hundred and fifty pounds in order to enable them to discharge the said Sum of five hundred and fifty pounds part of the said principal Sum of two thousand pounds due and owing to the said ffrances Stapylton as aforesaid Which said Sum of five hundred and fifty pounds was agreed to be secured to be repaid to the said John Rutter by the ways and Means at the Time and in Manner and with such Interest for the same as therein aftermentioned It is in and by the said last mentioned Indentures of Release Witnessed that in Consideration of the Sum of five hundred and fifty pounds paid by the said John Rutter to the said ffrances Stapylton by the Direction of the said John Reeve and Thomas Smith in full Satisfaction of the said Sum of five hundred and fifty pounds part of the said Sum of two thousand pounds secured and due to the said John Stapylton at the Time of his Decease as before mentioned (the said Sum of One thousand four hundred and fifty pounds the Residue of the said Sum of two thousand pounds being paid to the said ffrances Stapylton by the said ffrancis Reed in Manner in the said Indenture of Release of the twelfth Day of June One thousand seven hundred and seventy two mentioned the said ffrancis Reed having together with the said Edward Waldy agreed for the purchase of so much and such parts of the said premises comprised in the said Indenture of Lease of the seventeenth Day of October One thousand seven hundred and fifty seven was by the said Indenture of Release of the twenty first Day of September One thousand seven hundred and fifty one are limited to or declared to be in Trust for the said Henry Brown his heirs and Assigns in severalty as hereinbefore mentioned) And in Consideration of ten Shillings paid by the said John Rutter to the said John Reeve and Thomas Smith They the said John Reeve and Thomas Smith did bargain sell release and confirm unto the said John Rutter his heirs and Assigns All those the said several Closes or parcels of Ground with the houses and Buildings thereupon boundering upon the said Lane called Oxbridge Lane on or towards the North upon the said Lane leading to Yarm on or towards the East upon the said Lane leading to Hartburn on or towards the South and upon Hartburn Beck and Joseph Jefferson's brooks on or towards the West and containing together by Estimation One hundred and twelve Acres two Roods and thirteen perches or thereabouts be the same more or less with the ways Rights and Appurtenances to the same premises belonging And the Reversion and Reversion Remainder and Remainders Rents Issues and profits of all and singular the same premises To hold the same premises unto and to the Use of the said John Rutter his heirs and Assigns for and during the natural Lives of the said George Wreay, William Wilkinson, and Jeffrey Gibson the Son and the Life of the longest liver of them and for and during all other the Estate Term and Interest of the said John Reeve and Thomas Smith therein Subject nevertheless to a proviso or agreement in the said Indenture of Release of the twelfth Day of June One thousand seven hundred and seventy two contained whereby it is declared that on payment by the said John Reeve and Thomas Smith their heirs or Assigns to the said John Rutter his Executors Administrator or Assigns of the Sum of five hundred and fifty pounds with Interest for the value at a time therein mentioned and now past then and in that Case the said John Rutter his heirs and Assigns should at the Request and Expence of the said John Reeve and Thomas Smith their heirs or Assigns assure and convey the same premises unto and to the Use of the said John Reeve and Thomas Smith their heirs for and during all the Estate and Interest of him the said John Rutter his heirs or Assigns in or to the same Upon the Trusts in and by the said last Wills of the said Samuel Hall and Sarah Smith the Mother declared concerning the same premises or such of the same Trusts as for the Time being should be existing unperformed unsatisfied and undischarged And in the said last mentioned Indenture of Release are contained divers Covenants and Agreements by and between the said ffrancis Reed and Edward Waldy on the one part and the said John Reeve and Thomas Smith as being Trustees named in the said last Wills of the said Samuel Hall and Sarah Smith the Mother and on the Behalf of the several persons interested in such parts of the said Leasehold premises as were devised and passed the the same two Wills or either of them and the said John Rutter on the other part relative to the obtaining of separate Leases of the said premises comprised in the said Indenture of Lease of the seventeenth Day of October One thousand seven hundred and fifty seven and relative to the Renewal of the same Lease and every now Lease of the same premises and to the payment of the Yearly Rent thereby reserved and to be reserved until such separate Leases thereof should be obtained as aforesaid and relative to the ffine ffees and Expences attending the Renewal of the same Lease and every now Lease of the same premises and to the Custody of such Leases until such separate Leases thereof should be obtained as aforesaid, and relative to the

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