Page 6 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/1/2/1/7
Transcription:
Conveying and Assuring the same Leasehold premises unto and to the Use of the said Samuel Smith his heirs and Assigns for and during the natural Lives of the said William Wilkinson Jeffrey Gibson the Son and Thomas Waldy and the Life of the longest Liver of them and for and during all other the Estate and Interest of them the said John Reeve and Thomas Smith therein And in Consideration thereof the said Samuel Smith has agreed to enter into the Covenants with the said John Reeve and Thomas Smith hereinafter on his part contained Now this Indenture Witnesseth that in pursuance of the said agreements and in Execution of the Trusts vested and reposed in the said John Reeve and Thomas Smith in and by the said last Wills of the said Samuel Hall and Sarah Smith the Mother as aforesaid And in Consideration of the said Sum of five hundred pounds paid by the said Samuel Smith to the said Thomas Smith as before mentioned And in Consideration of the Sum of fifty pounds of lawful Money of Great Britain to the said Thomas Smith in hand well and truly paid by the said Samuel Smith upon or before the Sealing and delivery of these presents in full Satisfaction and Discharge of all Money now due and owing to the said Thomas Smith upon or by virtue of the said Security made In Trust for him as aforesaid The Receipt of which said Sum of fifty pounds accordingly he the said Thomas Smith Doth hereby acknowlege and off and from the same and every part therefore doth acquit release and discharge the said Samuel Smith by these presents And in Consideration of ten Shillings of like lawful Money to the said John Reeve and John Rutter in like manner paid by the said Samuel Smith the receipt whereof is hereby acknowleged he the said John Rutter with the Consent and approbation of the said John Reeve and Thomas Smith signified by their being parties to and executing those presents And also they the said John Reeve and Thomas Smith have and each and every of them hath bargained sold released and confirmed And by these presents Do and each and every of them Doth bargain sell release and confirm unto the said Samuel Smith 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 toward the North upon the said Lane leading to Yarm on or towards the East upon the said Lane leading to Hartburne on or towards the South And upon Hartburne Berk and Joseph Jefferson's Crookes on or towards the West And containing together by Estimation One hundred and twelve acres two Roods and thirteen perches or thereabouts Which same Closes or parcels of Ground Hereditaments and premises are situate or being in the x x x Township Territories or parish of Stockton aforesaid Together with the Ways Rights and appurtenances to the same premises belonging And the Reversion and Reversions Remainder and Remainders Rents Issues and profits of all and singular the same premises (Which said Closes or parcels of Ground Hereditaments and premises mentioned and intended to be hereby released are now in the actual possession of the said Samuel Smith by virtue of a Bargain and Sale to him thereof made by the said John Reeve Thomas Smith and John Rutter for the Term of a year in Consideration of five Shillings to them paid by the said Samuel Smith in and by one Indenture bearing Date the Day next before the Day of the Date of these presents and by force of the Statute made for transferring Uses into possession) And all the Estate Right Title Interest Use Trust possession property Claim and Demand whatsoever of them the said John Reeve Thomas Smith and John Rutter each and every of them of in to or out of the same premises every or any part thereof To have and to hold the said Closes or parcels of Ground hereditaments and premises mentioned and intended to be hereby released with the Appurtenances unto said Samuel Smith his heirs and assigns for and during the natural Lives of the said William Wilkinson Jeffrey Gibson the Son and Thomas Waldy and the Life of the longest Liver of them To the Use of the said Samuel Smith his heirs and assigns for and during the natural Lives of the said William Wilkinson Jeffrey Gibson and Thomas Waldy and the Life of the longest Liver of them and for and during all other the Estate and Interest of the said John Reeve x x Thomas Smith and John Rutter respectively therein And the said John Rutter for himself his Heirs Executors and Administrators doth covenant and declare to and with the said Samuel Smith his heirs and assigns by these presents That he the said John Rutter hath not done nor committed nor wittingly or Willingly suffered any Act Matter or Thing whatsoever whereby or wherewith or by Reason or Means whereof the said premises mentioned and intended to be hereby released or any part thereof is are can shall or may be changed forfeited impeached incumbered or Asserted in Tithe Estate or otherwise howsoever or whereby the said x x Indenture of Lease of the seventh Day of July One thousand seven hundred and seventy two is become void or voidable And the said John Reeve and Thomas Smith separately and apart each for himself his heirs Executors and Administrators and not jointly nor the one for the other of them nor for the heirs Executors Administrators or acts of the other of them but each of them for his own acts only do covenant promise declare and agree to and with the said Samuel Smith his heirs and assigns by these presents in manner following (that is to say) That they the said John Reeve and Thomas Smith have not done nor committed nor Wittingly or Willingly suffered any act matter or Thing whatsoever whereby or wherewith or by Reason or Means whereof the said premises mentioned and intended to be hereby released or any part thereof is are can shall or may be charged forfeited impeached incumbered or affected in Title Estate or otherwise howsoever or whereby the said Indenture of Lease of the seventh Day of July One thousand seven hundred and seventy two is become void or voidable (other than and except as hereinbefore is mentioned recited or set forth And also that they the said John Reeve and Thomas Smith and all and every person and persons having or lawfully claiming or who shall or may have or lawfully claim any Estate Right Title Trust or Interest of in to or out of the said premises mentioned and intended to be hereby released or any part thereof by from or under them respectively shall and will from Time to Time and at all Times within the Space of ten years now next ensuing upon every reasonable Request and at the Expence of the said Samuel Smith his heirs or assigns make do and execute or cause or promise to be made done and executed all such further and other lawful and reasonable Acts Deeds Conveyances and Assurances in the Law whatsoever for the further better more perfect and absolute conveying and Assuring of the same premises with the appurtenances To and to the Use of the said Samuel Smith his heirs and Assigns As by the said Samuel Smith his heirs or assigns or his or their Counsel learned in the Law shall be reasonably advised or devised and required So as no such further Assurance contain any further or other warranty or Covenant x x x them against the person or persons who shall be requested to make the same his her or their heirs and so as the party or parties who shall be requested to make such further Assurances be not compelled or compellable for the making or perfecting thereof to go or travel from his her or their then respective Dwellings or places of abode And this Indenture also Witnesseth that in Consideration of the premises he the said Samuel Smith for himself his heirs Executors and Administrators doth covenant promise and agree to or with the said John Reeve and Thomas Smith severally and respectively their respective heirs Executors and Administrators [words lost in crease] following that is to say [words lost in crease] Samuel Smith his heirs Executors and Administrators shall and will from Time to Time and at all times hereafter well and truly observe fulfil perform and keep all the covenants and Agreements in the said Indenture of release of the twelfth Day of June One thousand seven hundred and seventy two on the part of the said John Reeve and Thomas Smith [illegible letters]tained as being Trustees named in the said last Wills of the said Samuel Hall and Sarah Smith his Mother and or the Behalf of the several persons interested in such parts of the Said Leasehold premises as were devised and passed by the same two Wills or either of them as aforesaid to be Observed fullfilled performed and kept And also That he the said Samuel Smith his heirs Executors and Administrators shall and will from Time to Time and at all Times hereafter well and sufficiently save defend keep harmless and indemnity the said John Reeve and Thomas Smith their respective heirs Executors and administrators and their and every of their Lands and Tenements Goods and Chattels off from and against all such Actions Suits Costs Charges Damages Expenses Claims and Demands as they respectively shall or may suffer sustain Expend or be Subject or liable to for or by Reason or Means or on account of the said Covenants and Agreements in the said last mentioned Indentures of Release on the part of them the said John Reeve and Thomas Smith contained as herein before mentioned And this indenture further Witnesseth that in Consideration of the premises he the said Samuel Smith Hath remised released and discharged And by these presents Doth remise release and discharge the said John Reeve and Thomas Smith jointly and severally off and from all Claims and Demands of him he said Samuel Smith upon them the said John Reeve and Thomas Smith or either of them for or by Reason or on account of their accepting and executing the Trusts of the said last Wills of the said Samuel Hall and Sarah Smith the Mother or either of them and the Executorship of the said last Will of the said Samuel Hall or for or on account of the Receipts and payments of them the said John Reeve and Thomas Smith or either of them relative to the said Trust Estates and premises and of the allowances claimed by them relative thereto or otherwise howsoever for or in Respect of the said Trust Estates and Trusts and off from and against all Actions and Suits on account thereof In Witness whereof the said parties to these presents have hereunto set their hands and Seals the Day and Year first within written:


[seals attached]
John Reeves John Rutter
Thomas Smith

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