Page 7 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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Identifier:
RAIS/1/2/2/8
Transcription:
And Profits of all and singular the same Premises (Which said Closes or Parcels of Ground Hereditaments and Premises herein last before mentioned to be hereby released are now in the actual possession of the said John Rutter by Virtue of a Bargain and Sale to him there of made by the said John Reeve and Thomas Smith for the Term of a Year in Consideration of ffive shillings to them paid by the said John Rutter in and by one Indenture bearing Date the Day next before the Day of the Date of these Presents and by fforce 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 and Thomas Smith of in or to the same Premisses every or any Part thereof To have and to Hold the said Closes or Parcels of Ground Hereditaments and Premisses herein last before mentioned and intended to be hereby released with the Appurtenances unto the said John Rutter his Heirs and Assigns for and during the natural Lives of the said George Wreay Willaim Wilkinson and Jeffry Gibson the son and the Life of the longest Liver of them To the use of the said John Rutter his Heirs and Assigns for and during the natural Lives of the said George Wreay Willaim Wilkinson and Jeffry Gibson the son and the Life of the longest Liver of them And for and during all other the Estate Term and Interest of the said John Reeve and Thomas Smith therein Subject to the Proviso or Agreement for the Redemption of the same Premisses hereinafter inserted and contained (that is to say) provided always and it is hereby agreed and declared by and between the said John Reeve and Thomas Smith on the one part and the said John Rutter on the other part that if the said John Reeve and Thomas Smith their Heirs and Assigns do and shall well and truly pay or cause to be paid to the said John Rutter his Executors Administrators or Assigns the sum of ffive hundred and fifty pounds of lawful Money of Great Britain with Interest for the same after the Rate of four pounds for an hundred pounds for a year upon the twelfth x x x Day of December now next ensuing without any Abatement or Deduction out of the same or any part thereof for or in Respect of any Taxes Assessments or other Matter Cause or Thing whatsoever taxed charged or imposed or to be taxed charged or imposed upon the same Premisses or upon the said ffive hundred and fifty pounds and Interest or upon the said John Rutter his heirs Executors Administrators or Assigns for or in Respect thereof by Authority of Parliament or otherwise howsoever then and in that Case the said John Rutter his Heirs and Assigns shall and will upon every reasonable Request in that Behalf and at the Expence of the said John Reeve and Thomas Smith their Heirs and Assigns assure and convey all and singular the said Premisses herein last before mentioned and intended to be hereby released unto and to the use of the said John Reeve and Thomas Smith their Heirs and Assigns for and during all the Estate and Interest then of him the said John Rutter his Heirs and Assigns in or to the same Upon the Trusts in and by the said last Wills of the said Samuel Hall and Sarah Smith declared concerning the same Premisses or such of the same Trusts as for the Time being shall be existing unperformed unsatisfied and undischarged And this Indenture further Witnesseth that it is by
these Presents mutually covenanted and agreed by and between the said ffrancis Reed and Edward Waldy on the one part and the said John Reeve and Thomas Smith as being Trustees named in the said last Wills of the said Samuel Hall and Sarah Smith and on the Behalf of the several persons interested in such parts of the said Leasehold Premisses as were devised and passed by the same two Wills or either of them and the said John Rutter on the other part That the said Francis Reed and Edward Waldy and the said John Reeve and Thomas Smith or their respective Heirs and Assigns shall and will use their Endeavour to obtain as soon as maybe several Leases to be granted by the Lord Bishop of Durham for the Time being to the said ffrancis Reed Edward Waldy John Reeve and Thomas Smith severally their respective Heirs and Assigns in Manner following of the said Premisses comprised in the said Indentures of Lease of the Seventeenth Day of October One thousand seven hundred and fifty seven with the Appurtenances for and during such Estate and Interest as shall be then subsisting of and in the same Premisses by Virtue of the said last mentioned Indenture of Lease or of such future or subsequent Lease to be granted of the same Premisses as shall be then in being and under and subject to several yearly Rents amounting together to the yearly Sum of Twenty five pounds in Lieu of the said yearly Rent of Twenty four pounds reserved in and by the said last mentioned Indenture of Lease to be apportioned reserved and made payable as hereinafter is expressed (that is to say) A separate Lease to the said Francis Reed his Heirs and Assigns of so much and such parts of the same Premisses as are herein before declared to be In Trust for him his Heirs and Assigns reserving therefore the yearly Rent of Eight Pounds Six Shillings and Eight pence And a separate Lease to the said Edward Waldy his Heirs and Assigns of so much and such parts of the said Premisses as are herein before declared to be In Trust for him his Heirs and Assigns reserving therefore the yearly Rent of Six Pounds five Shillings And a separate Lease to the said John Reeve and Thomas Smith their Heirs and Assigns as being the Trustees named in the said last Wills of the
said Samuel Hall and Sarah Smith of the Residue of the said Premisses comprised in the said Indenture of Lease of the seventeenth Day of October One thousand seven hundred and fifty seven Reserving therefore the Yearly Rent of Ten Pounds Eight Shillings and four pence And that the same Rule or Proportion shall be observed for the ascertaining of the Rents to be reserved on such separate Leases in Case the rents proposed to be there upon reserved shall together amount to more or less than the Yearly Sum of Twenty five pounds And it is hereby agreed and declared by and between the said parties to these Presents and particularly the said John Reeve and Thomas Smith do hereby declare and agree that if such separate Leases shall be obtained and made as before mentioned in that case the said John Reeve and Thomas Smith their Heirs and Assigns shall stand and be seised of and in such parts of the said Premisses as shall be comprised in the separate Lease herein before agreed to be made to them as Trustees named in the said last Wills of the said Samuel Hall and Sarah Smith Upon the Trusts in and by the same Wills declared concerning the same Premisses or such of the same Trusts as for the Time being shall then be existing unperformed and unsatisfied But so as that the Premisses in such separate Lease to be comprised be changed with and made a security for the payment to the said John Rutter his Executors Administrators or Assigns of the said last mentioned sum of Five hundred and Fifty Pounds or of so much thereof ( if any ??? for the time being shall remain unsatisfied with the interest thereof in such Manner as the said John Rutter his Executors Administrators or Assigns or his or their Council shall advise and require And it is further covenanted and agreed by and between the said ffrancis Reed and Edward Waldy John Reeve and Thomas Smith that in the mean Time until such separate Leases of the Premisses comprised in the said Indentures of Lease of the seventeenth Day of October One thousand Seven hundred and fifty seven shall be obtained as herein before mentioned every new Lease henceforth to be made or granted by the Lord Bishop of Durham for the Time being of the same Premisses shall be made to and taken in the Names of the said John Reeve and Thomas Smith or the survivor of them and in the Names of the said Thomas Reed Ward and Leonard Robinson - - and shall be upon the several Trusts herein after declared concerning the same (that is to say) As to so much and such parts of the same Premisses as are herein before declared to be In Trust for the said Francis Reed his Heirs and Assigns as aforesaid the same shall be upon the several Trusts and with and under and subject to several Powers Provisioes Covenants and Agreements herein before mentioned expressed
or declared of or concerning the same And as to so much and such parts of the same Premisses as are herein before declared to be In Trust for the said Edward Waldy his Heirs and Assigns as
aforesaid the same shall be upon the several Trusts and with and under and subject to several Powers Provisioes Covenants and Agreements herein before mentioned expressed or declared of or concerning the same And as to the Residue of the said last mentioned Premisses the same shall be 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 declared concerning the same as for the Time being shall be existing unperformed and unsatisfied And it is declared and agreed by and between the said parties to these Presents that they respectively and all persons lawfully claiming or to claim by from or under them respectively shall and will from Time to Time upon every reasonable Request make do and execute or join in all such Acts Deeds and Surrenders as may be requisite or necessary as well for the obtaining of such separate Leases as before mentioned as for the renewing in the mean Time the

present subsisting Lease or the Lease for the Time being of the Premisses in the present subsisting Lease comprised And that on every such Renewal such part of the Premisses in every such new
Lease to be comprised as by these Presents is charged with the said last mentioned Sum of Five hundred and Fifty pounds and Interest to the said John Rutter shall so long as that Sum or any part thereof shall remain unsatisfied be made a Security to him his Executors Administrators or Assigns for the same and the Interest thereof in such Manner as the said John Rutter his Executors Administrators or Assigns or his or their Council shall advise and require And it is further covenanted and agreed by and between the said Francis Reed and Edward Waldy John Reeve and

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