Page 4 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.

Details

Identifier:
RAIS/1/2/2/5
Transcription:
Thomas Kirton Samuel Nicholson and William Maddeson to the said Henry Brown William Sutton
and William Sleigh he the said Henry Brown and by his Direction the said William Sutton and William Sleigh did convey and assure unto the said Thomas Kirton Samuel Nicholson and William Maddeson their Heirs and Assigns All those the said Closes or Parcels of Ground with the Houses and Buildings thereupon boundering upon the said Land called Oxbridge Lane on or towards the South upon the Lands then late of the said James Raisbeck and the Lands then of the said Stephen Wheelwright on or towards the West upon the Lands then late of the said the said David White on or towards the North and upon the Lands then of the said Robert Cockfield John Tweedwell and Thomas Atkinson on or towards the East and containing together by Estimation One hundred and fourteen acres one Rood and Nineteen Perches or thereabouts And also all those the said several Closes or Parcels of Ground with the Houses and Buildings thereupon Boundering upon the said Lane leading to Hartburn on or towards the North upon the said Lane Leading to Yarm on or towards the East upon other Lands then of the said Henry Brown on or towards the South and upon other Lands then of the said Henry Brown and the said Hartburn Beck and the Crookes on or towards the West and containing together by Estimation Seventy nine acres two Roods and ten Perches or thereabouts
To hold the same unto and to the care of the said Thomas Kirton Samuel Nicholson and William Maddeson their Heirs and Assigns from henceforth for and during the natural Lives of the said George Wreay William Wilkinson and Jeffry Gibson the son and the Life of the longest Liver of them and for and during all other the Estate and Interest of the said Henry Brown William Sutton and William Sleigh therein upon the Trusts in the same Indenture declared and in part herein after mentioned And the said Henry Brown did by the said last mentioned Indentures of Lease and Release convey and assure unto and to the use of the said Thomas Kirton Samuel Nicholson and
William Maddeson their Heirs and Assigns Divers ffreehold Messuages situate in Stockton aforesaid Upon the Trusts therein declared and in part herein after mentioned And the said Henry Brown did in and by the said last mentioned Indenture of Release covenant to surrender and in pursuance of that Covenant did surrender into the hands of the Lord and according to the Custom of the Manor of Stockton aforesaid To the use of the said Thomas Kirton Samuel Nicholson and William Maddeson and their Sequels in Right Divers Copyhold Messuages Lands and Tenements situate in Hartburne otherwise East Hartburne in the said County of Durham parcel of the said Manor or hold of the same Upon the Trusts in the same Indenture declared and in part herein after mentioned And in and by the said Indenture of Release of the thirty first of August One thousand seven hundred and sixty five It is declared and agreed that the said Thomas Kirton Samuel Nicholson and William Maddeson or the Survivors or Survivor of them should with all convenient speed sell and dispose of the said last mentioned ffreehold Leasehold and Copyhold premisses or a competent part thereof and should apply the Money by such Sale arising in Manner and for the purposes therein mentioned And
particularly by and out of the Money to arise by the Sale of the said Leasehold premisses and the Rents and Profits thereof until such sale should pay off and discharge the said Sum of One thousand four hundred and fifty pounds then due and owing to the said John Stapylton as Parcel of the said Sum of Two thousand pounds and the Interest then due and to grow due for the same And upon Trust by and out of the Residue of the Money to arrive by the Sale of the said several last mentioned ffreehold Copyhold and Leasehold premisses and the Rents and Profits thereof until such Sale to pay off and discharge the several other Debts and Sums of Money in the said Indenture of Release of the thirty first Day of August One thousand seven hundred and sixty five mentioned or referred to amounting together with the said Mortgage Debts to the Sum of ffive thousand and ninety four pounds fourteen shillings And subject to the Trusts aforesaid It is in and by the said last mentioned Indenture of Release declared that the said last mentioned ffreehold Copyhold and Leasehold premisses should be Upon such Trusts and for such Estates Intents and Purposes as the said Henry Brown should by any Deed or Writing under his hand and seal in the presence of three or more credible Witnesses direct or appoint And in Default of such Direction or appointment And in the mean time subject thereto all and singular the same promises or so much thereof as should remain unsold and undisposed of for the purposes aforesaid are by the same Indenture declared to be In Trust for the said Henry Brown his Heirs Sequels in Right and Asigns And in any and by the same Indenture of Release it is agreed and declared that in the mean Time and until the Sale of the premisses thereby directed to be sold It should and might be lawful to and for the said Thomas Kirton Samuel Nicholson and William Maddeson or the Survivors or Survivor of them to borrow and take up at Interest on Mortgage of the said premisses any Sum or Sums of Money for the purposes aforesaid And in the said last mentioned Indenture of Release is contained a proviso whereby it is agreed that in Case of any such Sale or Sales Mortgage or Mortgages as therein before mentioned of the said last mentioned ffreehold Copyhold and Leasehold premisses or any part or parts thereof the Payment of the Purchase Money and Mortgage Money for the same respectively into the hands of the said Thomas Kirton Samuel Nicholson and William Maddeson or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor should be a good Payment and a sufficient and a sufficient Discharge to the Purchaser or Purchasers Mortgagee or Mortgagees thereof respectively And that the Receipt or Receipts of the said Thomas Kirton Samuel Nicholson and William Maddeson or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor acknowlegeing such Payments respectively should be sufficient Evidence of the Payment of the Money therein mentioned to be paid without proving the actual payment thereof And whereas the said Henry Brown did by a Deed poll under his Hand and Seal bearing Date the eleventh Day of September in the Year of our Lord One thousand seven hundred and sixty five and attested by three credible Witnesses direct and appoint that the said Thomas Kirton Samuel Nicholson and William Maddeson or the Survivors or Survivor of them should by and out of the Money to arise by the Sale of the said last mentioned ffreehold Leasehold and Copyhold premisses satisfy and pay at the end of the Six Calendar Months next after the Decease of him the said Henry Brown the several Debts and Sums of Money in the said Deed poll mentioned or referred to being the proper Debts of Nicholas Brown only son of the said Henry Brown And subject to the Trusts in the said Indenture of Release of the thirty first Day of August One thousand Seven hundred and sixty five contained and to the Payment of the last mentioned Debts and Sums of Money the said last mentioned ffreehold Leasehold and Copyhold premisses are in and by the said Deed poll declared to be in Trust for the said Henry Brown his Heirs Sequels in Right and Assigns And whereas the said Samuel Nicholson and William Maddeson afterwards departed this life and by that means the Estate and Interest to them and the said Thomas Kirton conveyed and Assured in and by or in pursuance of the said Indentures of Lease and Release of the thirtieth and thirty first Day of One thousand

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