Page 3 of indenture relating to lease and release by Thomas Kirton, Francis Reed, Edward Waldy, John Reeve, Thomas Smith and Frances Stapylton to Thomas Reed Ward, Leonard Robinson and John Rutter; and associated agreements and references to earlier leases/releases

Made:
1772-06-12
part of archive:
Leonard Raisbeck Archive

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Includes en placard seals.

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Identifier:
RAIS/1/2/2/4
Transcription:
Upon Mortgage of the Tenements thereinafter mentioned the sum of Two Thousand pounds And after reciting the said Indenture of Lease of the Seventeenth Day of October One thousand seven hundred and fifty seven It is in and by the said last mentioned Indenture of Release Witnessed that in Consideration of the said Sum of Two Thousand pounds then due and owing aforesaid and for better securing the Repayment thereof with Interest and in Consideration of the Sum of Ten Shillings paid by the said John Stapylton to the said Samuel Hall and Henry Brown they the said Samuel Hall and Henry Brown did grant bargain sell release and confirm unto the said John Stapylton his Heirs and Assigns The said Closes and grounds called the Uttercourt ffield New Closes Bells Closes and Hartburn and all other the premisses demised or granted to the said Samuel Hall and Henry Brown in or by the said last mentioned Indentures Of Lease with the Appurtenances To hold the same unto the said John Stapylton his Heirs and Assigns for and during the natural Lives of George Wreay William Wilkinson and Jeffry Gibson the son and the Life of the longest Liver of them and for all other the Estate and Interest of the said Samuel Hall and Henry Brown therein subject to a proviso or Agreement in the said last mentioned Indenture of Release contained for Redemption of the same premisses on payment by the said Samuel Hall and Henry Brown or either of them their or either of their Heirs Executors or Administrators to the said John Stapylton his Executors Administrators or Assigns of the Sum of Two Thousand Pounds and Interest at a Time in the same Indenture mentioned and now part And whereas the said Samuel Hall made and duly executed his last Will and Testament in Writing bearing Date on or about the Eleventh Day of September in the Year of our Lord One thousand seven hundred and sixty two and thereby after devising his Copyhold Messuages in Stockton which he then inhabited and his Granaries Warehouses and Key near thereto and his two Copyhold fields in Stockton aforesaid unto and to the use of John Reeve and Thomas Smith their Heirs Sequels in Right and Assigns upon diverse 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 Messuages Buildings and Ground in Blackwell or elsewhere in the Parish of Darlington in the said County of Durham with the Appurtenances unto and to the live 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 Upon the Trusts in the same Will declared and in part hereinafter mentioned (that is to say) In Trust to do every Act that might be necessary for obtaining a new Lease of the same premisses from Time to Time as often as any of the persons upon whose Lives the present or any future Lease thereof then did or might depend should depart this life or often or in Case the said John Reeve and Thomas Smith or the Survivor of them his Heirs and 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 fees and Expences incident to every Renewal as the same premisses were or should be liable or contributory to pay and to apply the same for that purpose accordingly And the said Testator did 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 Copyhold and Leasehold premisses thereby to them devised (Subject as to the said Leasehold premisses to the Trusts therein before thereof declared) Upon the Trusts therein mentioned and in part hereinafter expressed (that is to say) In Trust by Mortgage or Sale of the same ffreehold Copyhold and Leasehold premisses or of a competent part thereof or by both or either of the said 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 premisses should be upon such Trusts and to and for such Intents and purposes as his daughter Sarah Smith by any Deed or Deeds Writing or Writings with or without power of Revocation to be by her signed sealed or delivered in the presence of two or more credible Witnesses 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 John Reeve and Thomas Smith Executors of his said Will and afterwards departed this Life without revoking or varying the same on whose Decease the said John Reeve and Thomas Smith accepted the said Executorship and afterwards duly proved the same Will And Whereas the said Sarah Smith survived her father 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 eighth Day of May in the Year of our Lord One thousand seven hundred and sixty four in the presence of three or more credible persons who duly attested the same and thereby in Value and Pursuance of the said Power of Authority to her in that Behalf given in or by the said last Will of the said ffather and by Virtue and in pursuance of every other power or 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 said ffather as are therein and herein before 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 premisses or any part thereof either prior to or by Virtue or in Pursuance of the said last Will of her said ffather and to apply the Residue of the Money by such Sale arising in Manner and for the purposes in the said last Will of the said Sarah Smith expressed and the said Sarah Smith afterwards departed this Life without revoking or varying her said Will And Whereas the said ffreehold Messuages Buildings and Hereditaments by the said last Will of the said Samuel Hall appropriated to the payment of his Debts as aforesaid have been sold and disposed of by the said John Reeve and Thomas Smith for that purpose and And whereas by Indentures of Lease and Release bearing Date respectively the thirtieth and thirty first Day of August in the Year of our Lord One thousand Seven hundred and sixty five the Release being Tripartite and made or expressed to be made between the said Henry Brown of the first part the said William Sutton and William Sleigh of the second part and the said Thomas Kirton and Samuel Nicholson and William Maddeson therein named and both since deceased of the third part In Consideration of the Sum of five shillings paid by the said

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