Page 5 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/1/2/1/6
Transcription:
Payment of all parliamentary and other Taxes and assessments payable for or in Respect of the same premises until such separate Leases thereof should be obtained as aforesaid and to the payment of the Expences attending the rebuilding and repairing of the said Bridge called Oxbridge and the repairing of the said Lane leading from Stockton to the said Bridge And it is in and by the same Indenture of Release Also Witnessed that for the Considerations thereinbefore mentioned the said Frances Stapylton as Administratrix of the personal Estate and Effects of the said John Stapylton as therein last before mentioned did remise release acquit exonerate and discharge the said John Reeve and Thomas Smith as being the Executors and Trustees named in the said last Will of the said Samuel Hall and the heirs and assigns of the said John Reeve and Thomas Smith and the said Francis Reed and Edward Waldy respectively their respective heirs and Assigns and the said Closes parcels of Ground and premises comprised in the said Indentures of Lease of the seventeenth Day of October One thousand seven hundred and fifty seven and in the said Indentures of Lease and Release of the second and third Days of January One thousand seven hundred and fifty eight off and from the said principal Sum of two thousand pounds and the Interest thereof and off and from all actions Suits Claims and Demands on amount thereof And Whereas the said John Rutter by an Instrument in Writing under his hand bearing Date the fourteenth Day of November One thousand seven hundred and seventy two After writing the Conveyance by the said Indentures of Lease and Release of the eleventh and twelfth Days of June One thousand seven hundred and seventy two from the said John Reeve and Thomas Smith to him the said John Rutter by Way of Mortgage for securing to him his Executors Administrators and Assigns the said Sum of five hundred and fifty pounds and Interest did acknowlege and declare that the said Security was so made and taken in his Name In Trust for the said Thomas Smith And that the said Sum of five hundred and fifty pounds secured by the same Indentures of Lease and Release was the proper Money of him the said Thomas Smith And Whereas the said Indenture of Lease of the seventeenth Day of October One thousand seven hundred and fifty seven was afterwards Surrendered And thereupon the Right Reverend Father in God John now Lord Bishop of Durham by Indenture _ of Lease under the Seal of his County palatine duly executed with Livery of Seisin and bearing Date the seventh Day of July in the Year of our Lord One thousand seven hundred and seventy two did demise grant and to Farm lett unto the said Thomas Reed Ward and Leonard Robinson their heirs and Assigns The said Closes Grounds and premises comprised in the said Indenture of Lease of the seventeenth Day of October One thousand seven hundred and fifty seven with the appurtenances (Excepting the Woods Mines and Quarries within or upon the same premises and the power and Liberties in the said Indenture of Lease of the seventh Day of July One thousand seven hundred and seventy two reserved relative to the same Woods Mines and Quarries) To hold the same demised premises unto the said Thomas Reed Ward and Leonard Robinson their heirs and Assigns from the making of the same Indenture for and during the natural Lives of the said William Wilkinson then aged about fifty Years the said Jeffrey Gibson the Son then aged about thirty eight Years and of Thomas Waldy (Son of the said Edward Waldy) then Aged about sixteen years and the Life of the longest Liver of them At and under the Yearly Rent of twenty four pounds thereby reserved and made payable And Whereas the said Indenture of Lease of the seventh Day of July One thousand seven hundred and seventy two was so made to end taken in the Names of the said Thomas Reed Ward and Leonard Robinson As to so much and such party of the x x premises therein comprised as in and 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 Samuel Hall his heirs and assigns in severalty as aforesaid Upon Trust in the first place for securing to the said Thomas Smith his Executors Administrators and Assigns the payment of the said principal Sum of five hundred and fifty pounds and the Interest Attending the same and Subject thereto In Trust for the said John Reeve and Thomas Smith their heirs and Assigns under and Subject to such of the Trusts in and by the said last Wills of the said Samuel Hall and Sarah Smith the Mother declared concerning the same as for the Time being were unsatisfied and unperformed which they the said Thomas Reed Ward and Leonard Robinson do hereby admit and acknowlege And Whereas the said Samuel Smith attained the age of twenty one years on or about the twenty second Day of September One thousand seven hundred and seventy five But the said Sarah Smith his Sister lately departed this Life under that Age intestate and unmarried leaving him the said Samuel Smith her heir at Law and only next of Kin and since her Decease Letters of Administration of her personal Estate and Effects have been only granted to him by the Ecclesiastical Court of Durham And Whereas the said Thomas Smith by an Instrument in Writing under his hand bearing Date the eight Day of June now last past and indorsed on the said Indenture of Release of the twelfth Day of June One thousand seven hundred and seventy two After writing the said Instrument in Writing or Declaration of Trust of the fourteenth Day of November One thousand seven hundred and seventy two And after taking Notice that the said principal Sum of five hundred and fifty pounds then remained due and owing to the said Thomas Smith upon the said Security with Interest from the twenty seventh Day of September then and now last past did acknowlege to have received of the said Samuel Smith the Sum of five hundred pounds in Satisfaction and Discharge of so much of the said principal Sum of five hundred and fifty pounds one and owing to him the said Thomas Smith as before mentioned the Interest due for the Same as aforesaid being then unsatisfied And Whereas the Sum of fifty pounds (being the Residue unsatisfied of the said principal Sum of five hundred and fifty pounds) still remains due and owing to the said Thomas Smith upon or by Virtue of the said Security made In Trust for him as aforesaid but all Interest for the said Sum of five hundred and fifty pounds to the said eighth Day of June last and for the said Sum of fifty pounds from that Day to the Day of the Date hereof has been satisfied and paid which the said Thomas Smith doth hereby admit and acknowlege And Whereas the ffuneral Expences of the said Samuel Hall have been long since paid And also all the Debts Sums of Money and Incumbrances in and by the said last Wills of the said Samuel Smith and Sarah Smith the Mother or either of them directed to be raised and paid out of the said ffreehold and Leasehold premises in Stockton aforesaid and x the said Copyhold premises in Blackwell and in the parish of Darlington aforesaid devised to the said John Reeve and Thomas Smith as before mentioned have so far as the same Debts and Incumbrances have discovered) been satisfied and Discharged (other than and excepting the said Sum of fifty pounds due and owing to the said Thomas Smith as aforesaid And excepting the principal sum of One hundred and ninety pounds secured to x x x Joseph Smith late of Norton in the said County of Durham and now of Upleatham in the said County of York Yeoman by one Bond or Obligation bearing Date on or about the first Day of November in the Year of our Lord one thousand seven hundred and fifty one and to him made and entered into by the said Samuel Hall and the Interest attending the same Sum) And Whereas upon the Decease of the said Sarah Smith the Daughter the said Samuel Smith became and now is intitled in Equity to the whole Beneficial Interest of and in the said last mentioned Copyhold and Leasehold premises (the same Copyhold and Leasehold premises still remaining unsold and undisposed of) Subject nevertheless to the said several Sums of Money due and owing to the said Thomas Smith and Joseph Smith respectively as hereinbefore mentioned and to such other Debts Sums of Money and Incumbrances in and by the said last Wills of the said Samuel Hall and Sarah Smith the Mother or either of them directed to be raised and paid as aforesaid as still remain unsatisfied and undischarged (if any such there be) And the said Samuel Smith being determined that the same Leasehold premises shall not be sold and disposed of but that the same shall be and remain and be deemed and considered as part of his real Estate has proposed to pay off and discharge the said Sum of fifty pounds due and owing to the said Thomas Smith as aforesaid And the said Samuel Smith did also propose to secure and Accordingly has x well and effectually secured out of the same Copyhold premises and divers Copyhold Lands and Tenements of him the said Samuel Smith in Stockton aforesaid the payment to the said Joseph Smith his Executors Administrators or Assigns of the said principal Sum, of One hundred and ninety pounds due and owing to him upon his said writed Bond as aforesaid and the Interest attending the same and the payment of such other Debts Sums of Money and Incumbrances in and by the said last Wills of the said Samuel Hall and Sarah Smith the Mother or either of them directed to be raised and paid as aforesaid as still remain x x x unsatisfied and unpaid (if any such there be) By which Means all the same Debts Sums of Money and Incumbrances will be Satisfied and discharged or effectually secured And therefore the said John Reeve and Thomas Smith at the Request of the said Samuel Smith and in Execution of the Trusts in them vested and reposed in any by the same two Wills respectively have agreed to convey and Assure or join with the said Samuel Smith and the other necessary parties in

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