Page 5 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:
1772-1776
part of archive:
Leonard Raisbeck Archive

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Seven hundred and sixty five of and in the said last mentioned mentioned ffreehold Leasehold and Copyhold premisses became involved solely in the said Thomas Kirton upon the Trusts in the same Indentures of Release and Deed poll mentioned And whereas the said John Stapylton made and duly executed his last Will and Testament in Writing bearing Date on or about the Eighteenth Day of August in the year of our Lord One thousand seven hundred and sixty seven and thereby after giving several specific and pecuniary Legacies gave and devised all his real and personal Estate to his son the said Henry Stapylton and constituted him sole Executor of his said Will and thereby nominated and appointed his ffriends the Reverend Thomas Robinson of Wycliffe in the said County of York Clerk the Reverend Mr. Kaye of Melsonby in the same County Clerk and the Reverend Layton Etherington of Gillingham in the same Etherington of Gillingham in the same County Clerk Guardians Tutors and Trustees for his sons Henry and Thomas Stapylton until they should respectively attain their respective Ages of Twenty one years and till such Time to take Administration upon them with his said Will annexed to and for the use and Benefit of his said Sons and afterwards departed this Life without revoking or varying his said Will and soon after the Decease of the said John Stapylton Administration of his personal Estate and Effects with his Will annexed was duly granted by the Prerogative Court of the Archbishop of York to the said Thomas Robinson who lately departed this Life and the said Thomas Kaye having survived the said Thomas Robinson and Layton Ethering hath in due Arm of Law and in the said Prerogative Court renounced the said Administration and thereupon Letters of Administration of the personal Estate and Effects of the said John Stapylton unadministered by the said Thomas Robinson with the Will annexed of the said John Stapylton was duly granted by the said Prerogative Court to the said Frances Stapylton for the use and Benefit of the said Henry Stapylton the Executor during his Minority And whereas the said Henry Stapylton has lately attained the Age of Seventeen years and has since his attaining that Age renounced the Executorship of the said 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 have been duly granted by the said Prerogative Court to the said ffrances Stapylton generally And whereas the said principal Sum of Two Thousand pounds still remains due and owing to the said ffrances Stapylton and Administratrix as herein last before mentioned upon or by Virtue of the said Security made to the said John Stapylton as aforesaid with such Interest on the Sum of One thousand four hundred and fifty pounds part thereof as herein after is mentioned And whereas by the Terms of the said Indentures 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 premisses 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 limited or declared to be In Trust for the said Henry Brown his Heirs and Assigns in severalty are liable to the payment of this 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 the Residue of the premisses comprised in the said last mentioned Indenture of Release and which by the said last mentioned Indenture of Release are limited or declared to be In Trust for the said Samuel Hall his Heirs and Assigns in severalty are liable to the payment of this Sum of ffive hundred and fifty pounds the Residue of the said Principal sum of Two Thousand pounds and the Interest attending the same And there is now due and owing from the said Thomas Kirton as assigns of the Estate of the said Henry Brown for the Interest of the said Sum of One thousand four hundred and fifty pounds the sum of one hundred and six pounds x x x x x x x x x x making together the Sum of fifteen hundred and fifty six pounds x x x x x x x x x x But the Interest of the said Sum of ffive hundred and fifty pounds to the Day of the Date hereof is fully satisfied and paid And whereas the said Ffrancis Reed has contracted and agreed with the said Thomas Kirton for the absolute purchase of so much and such parts of the said last mentioned Leasehold premisses as are herein after limited or declared to be In Trust for the said ffrancis Reed his Heirs and Assigns and is to give for such purchase the Sum of Two Thousand and fifty pounds And whereas the said Edward Waldy has contracted and agreed with the said Thomas Kirton for the absolute purchase of so much and such parts of the said last mentioned Leasehold premisses as are herein after limited or declared to be In Trust for the said Edward Waldy his Heirs and Assigns and the said Edward Waldy is to give for such purchase the Sum of One thousand two hundred and fifty five pounds And whereas the said John Rutter hath on the

Application of the said John Reeve and Thomas Smith agreed to advance and lend to them the Sum of ffive hundred and fifty pounds in Order to enable them to pay off and discharge of 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 ffrancis Stapylton as aforesaid Which said Sum of ffive hundred and fifty pounds is agreed to be secured to be repaid to the said John Rutter his Executors Administrators or Assigns as well and by and out of such part of the said Leasehold premisses as was devised and passed to the said John Reeve and Thomas Smith by the said last Will of the said Samuel Hall as aforesaid as by and out of such part of the said Copyhold premisses by Virtue of the same Will charged with the payment of the Debts of the said Samuel Hall as aforesaid as still remain unsold and undisposed of for that purpose by the Ways and Means at the Time and in Manner and with such Interest for the for the same as herein after is mentioned And whereas it has lately been discovered that the said Nicholas Brown by Virtue of the Trusts and Limitations of a Surrender made on the Marriage of his ffather And Mother and by the Rules of Equity and as being the only son of the said Marriage was intitled to an Estate Tail in Remainder expectant on the Decease of his ffather the said Henry Brown and in the said Copyhold premisses situate in Hartburne otherwise East Hartburne aforesaid And whereas the said Henry Brown and Nicholas Brown being respectively indebted to several persons in several Sums of Money not provided for or secured under the Trusts or Directions of the said Indenture of Release of the Thirty first Day of August One thousand seven hundred and sixty five and the said Deed Poll of the Eleventh Day of September One thousand seven hundred and sixty five or either of them proposed and agreed to convey all his Estate and Interest in the said last mentioned Copyhold

Premisses unto the said Thomas Kirton his Heirs and Assigns and Sequels in Right To the Intent that he might be thereby enabled to sell and dispose of the same but on Condition that the Money to arise by the Sale as well of the said ffreehold and Leasehold premisses as of the said Copyhold premisses should be applied in the _ _ _

Details

Identifier:
RAIS/1/2/2/6

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