Page 10 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/1/2/2/11
Transcription:
Declare and agree to and with the said John Rutter 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 or committed nor wittingly or willingly suffered any Act Matter or Thing whatsoever whereby or wherewith or by Reason or Means whereof the said Premisses herein last before mentioned or intended to be hereby released or any part thereof is are can shall or maybe charged forfeited impeached incumbered or affected in Title Estate or otherwise howsoever or whereby the said Indenture of Lease of the Seventeenth Day of October One thousand Seven hundred and fifty seven is become void or voidable And also that they the said John Reeve and Thomas Smith and their Heirs and all and every other person or persons having or lawfully claiming or who shall or may have or lawfully claim any Estate Right Title Trust or Interest either at Law or in Equity of in to or out of the said Premises herein last before mentioned to be hereby released or any part thereof by from or under or in Trust for them respectively shall and will from Time to Time and at all Times from and after Default shall happen to be made of or in payment of the said Sum of Five hundred and fifty pounds hereby secured and Interest or any part thereof respectively contrary to the Form and Effect of the aforesaid Proviso and Agreement for Payment of the same upon every reasonable Request and at the Expence of the said John Rutter his Heirs Executors Administrators or Assigns make do acknowlege levy suffer and execute or cause or procure to be made done acknowleged levied suffered 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 granting conveying assuring and confirming the same Premisses with the same Appurtenances unto and to the use of the said John Rutter his Heirs and Assigns As by the said John Rutter his Heirs and Assigns or his or their Council learned in the Law shall be reasonably advised or devised and required And it is hereby agreed and declared by and between the said John Rutter and John Reeve and Thomas Smith that in the mean Time and until Default shall happen to be made of or in Payment of the said last mentioned Sum of five hundred and fifty pounds and Interest or some part thereof respectively
contrary to the fform and Effort of the aforesaid Proviso and Agreement for Payment of the same It shall and may be lawful to and for the said John Reeve and Thomas Smith their Heirs and Assigns peaceably and quietly to have hold and enjoy the said premisses herein last before mentioned and intended to be hereby released and to take the Rents and Profits thereof without the lawful Suit Trouble Denial Eviction or Interruption of or by the said John Rutter his Heirs Executors Administrators or Assigns or any Person or Persons lawfully claiming or to claim by from or under or In trust for him or them 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 the said John Reeve and Thomas Smith their Heirs and Assigns shall stand and be seised of the said Copyhold Premises situate in Blackwell or elsewhere in the Parish of Darlington aforesaid and by Virtue of the said last Will of the said Samuel Hall charged with the Payments of his Debts as aforesaid in Trust for better securing the Payment to the said John Rutter his Executors Administrators or Assigns of the
said last mentioned Sum of Five hundred and fifty pounds with Interest for the same at the Time and in Manner herein before for that purpose mentioned And subject thereto Upon such of the Trusts and to and for such of the Interests and Purposes declared concerning the same Premisses in and by the said last Wills of the said Samuel Hall and Sarah Smith as are still existing unsatisfied and undischarged or capable of taking Effect And Whereas by and upon the Decease of the said John Stapylton the Legal Estate and Interest to him conveyed and assured in and by the said Indentures of Lease and Release of the second and third Days of January One Thousand Seven hundred and fifty eight of and in the Premisses comprised in the said Indentures of Lease of the seventeenth Day of October One thousand seven hundred and fifty seven descended and came to the said Henry Stapylton his Eldest Son and heir at Law who was at that Time and still is an Infant under the Age of Twenty one years From this Indenture further Witnesseth and the said ffrances Stapylton for herself her heirs Executors and Administrators doth hereby in Consideration of the Premisses covenant promise and agree to and with the said ffrancis Reed Edward Waldy John Reeve Thomas Smith and John Rutter severally and respectively their respective Heirs and Assigns that she the said Ffrancis Stapylton her Heirs Executors or Administrators shall and will procure or use their best Endeavour to procure the said Henry Stapylton either before or after his attaining the Age of Twenty one years or the Heir at Law or other legal Representatives for the Time being of the said John Stapylton at the Request and Expence of the said Francis Reed Edward Waldy John Reeve Thomas Smith and John Rutter their Heirs or Assigns in a legal and effectual Manner to assure and convey The said Premisses comprised in the said last mentioned Indenture of Lease with the Appurtenances To and for the several Uses Upon the Trusts and to and for the Intents and Purposes And with and under and subject to the Provisees Declarations and Agreements herein before expressed and declared or directed concerning the same And this Indenture also Witnesseth that for the Consideration herein before mentioned the said ffrances Stapylton as Administratrix of the Personal Estate and Effects of the said John Stapylton as herein law before mentioned Hath remised released acquitted exonerated and discharged And by these Presents Doth remise release acquit exonerate and discharge the said John Reeve and Thomas Smith as being the Executors and Trustees named in the said last Will of the said Samuel Hall and the Heirs and Assigns of the said John Reeve and Thomas Smith and the said ffrancis Reed and Edward Waldy respectively their respective Heirs Assigns And the said Closes Parcels of Ground and Premisses comprised in the said Indenture of Lease of the seventeenth Day of October One thousand Seven hundred and fifty seven and in the said Indenture of Lease and Release of the second and third Days of January One thousand Seven hundred and fifty eight off and from the said Principal Sum of Two Thousand Pounds and the Interest thereof and off and from all Actions Suits Claims and Demands on Account thereof And this Indenture further wittnesseth that it is hereby provided declared and agreed by and between the said parties to these Presents that if the said John Reeve and Thomas Smith shall both dye before such separate Leases shall be obtained as herein before mentioned or if either of them the said Thomas Reed Ward and Leonard Robinson shall before the Trusts hereby in them reposed shall be completely satisfied or performed or discharged dye or be desirous to decline and to be discharged of and from the same Trusts that then a new Trustee or Trustees shall and may from time to time be nominated and appointed in the Place or Stead of the said John Reeve and Thomas Smith so dying as aforesaid and in the Place or Stead of such of them the said Thomas Reed and Leonard Robinson as shall dye or be desirous to decline and to be discharged off and from the aforesaid Trusts in Manner following (that is to say) The Trustee to succeed in the place of the said John Reeve and Thomas Smith to be nominated by the Person or Persons in whom the Legal Estate of the Leasehold Premisses which were devised and passed by the said last Will of the said Samuel Hall shall for the Time being be vested And the Trustee to succeed in the place of the said Thomas Reed Ward to be nominated by the said ffrancis Reed his Heirs or Assigns and the Trustee to succeed in the place of the said Leonard Robinson to be nominated by the said Edward Waldy his Heirs or Assigns And so from Time to Time as often as there shall be Occasion to Appoint any other Person or Persons to be a Trustee or Trustees in manner and for the Purposes aforesaid in the place of the present or any succeeding or other Trustee or Trustees who shall dye as aforesaid or be desirous to ~ ~ ~ ~ be discharged off or from the aforesaid trusts as aforesaid And that when and as often as any mew Trustees or Trustee shall be appointed as aforesaid the Trust Estates and Premisses which shall be then vested in the Person or Persons so dying or from the Trusts whereof any of the Trustees then in being shall desire to be discharged shall respectively with all convenient Speed be conveyed in such Manner as that The same shall be effectually vested in such new Trustees or in the surviving or continuing family Trustees or Trustee and such new Trustees or Trustee To and for the several uses upon the Trusts and to and for the Intents and Purposes And subject to the Agreements herein before expressed or declared concerning the same And it is hereby agreed and declared by and between the said parties to these Presents that the said Thomas Reed Ward and Leonard Robinson and the Trustees so to be nominated and appointed as aforesaid or any of them their or any of their Heirs or Assigns shall not be answerable the one for the others or other of them and by no means for involuntary Losses And that they their respective Heirs and Assigns shall and may by and out of the Rents and Profits of the said respective Trust Estates and Premisses retain to and reimburse him and themselves all such Loss Costs Charges Damages and Expenses as he they or any of them shall respectively sustain expend or be put unto for or by Reason of the said Trusts hereby in them reposed in Relation to these same Estates and Premisses or the Execution thereof And whereas as well the said Indentures of Lease and Release of the twelfth and thirteenth Days of August One thousand seven hundred and forty five the said Indentures of Lease and Release of the twentieth and twenty first Days of September One thousand seven hundred and fifty one the said Articles of Agreement of the fourth Day of November One thousand seven hundred and fifty seven And the said Indentures of Lease and Release of the second and third days of January One thousand seven hundred and fifty eight as also the several Deeds and Writings mentioned and specified in the Schedule herein so written do relate to and concern all the said Premisses comprised in the said Indentures of Lease of the Seventeenth Day of October One thousand seven hundred and fifty seven And whereas the said Indentures of Lease and Release of the thirtieth and thirty first days of August One thousand seven hundred and sixty five the said Deed Poll of the Eleventh Day of September One thousand seven hundred and sixty five and the said Indenture of the first Day of October One thousand seven hundred and seventy one do relate to and concern the said Premisses herein first before mentioned to be hereby released Now this Indenture also witnesseth that it is hereby further mutually covenanted agreed and declared by and between the said parties to these Presents that the said Indentures of Lease and Release of the twelfth and thirteenth Days of August One thousand Seven hundred and forty five the said Indentures of Lease and Release of the Twentieth and Twenty first Days of September One thousand seven hundred and fifty one the said Articles of Agreement of the fourth Day of November One thousand seven hundred and fifty seven the said Indentures of Lease and Release of the second and third Days of January One thousand seven hundred and fifty eight the said Indentures of Lease and Release of the thirtieth and thirty first Days of August One thousand seven hundred and sixty five the said Deed Poll of the Eleventh Day of September One thousand seven hundred and sixty five and the said Indenture of the first Day of October One thousand seven hundred and seventy one And also the several Deeds and Writings specified in the said Schedule shall be Deposited with and remain in the Hands of the Person or Persons who from Time to Time for the Time being shall be intitled to the (illegible) of the subsisting Lease for the Time being of the same Premisses but to be produced from Time to Time as Occasion shall require at the Request and Expence of (illegible) Person or Persons for the Time being having any Estate Right or Interest in any Part or Parts of the same Premisses for the (illegible) of such Estate Right or Interest In witness
(illegible) the said Parties to these Presents have here unto set their Hands and Seals the Day and Year first within written.

The Schedule to which the within written Indentures refer

7th May 1684. Deed Poll under the Hand and Seal of the honorable Bernard Grenville Esquire.
14th _ 15th May 96 Charle2. Indentures of Lease and Release made between the honorable Bernard Grenville Esquire of the one part and John Basire Esquire of the other part.
10th July 1684. Indenture made between John Basire Esquire of the one part and George Porter Esquire of the other part.
26th January 1684. Indenture tripartite made between George Porter Esquire of the first part John Basire Esquire of the second part and Maurice Waite Citizen and Leather seller of the third part.
4th December 1688. Indenture made between John Basire Esquire of the one part and Margaret Butler of the other part.
4th December 1688. Counter part of the last above mentioned Indenture.
3rd_4th December 1690. Indentures of Lease and Release the Release made between John Basire Esquire of the first part Margaret Butler of the second part and Robert Dormer Esquire and Edward Perrot Esquire of the third part.
4th December 1690. Counter part of the last above mentioned Indenture of Release.
28th July 1691. Indenture quadripartite made between John Basire Esquire of the first part the Honorable Simon Fanshaw Esquire of the second part Margaret Butler of the third part and Robert Dormer Esquire and Edward Perrot Esquire of the fourth part.
26th January 1696. Copy of a Recognizance in Chancery from John Basire Esquire to Margaret Butler.
26th February 1696. Indenture made between John Basire Esquire of the one part and Margaret Butler of the other part.
26th February 1696. Counterpart of the last above mentioned Indenture.
4th March 1698. Article of Agreement made between John Basire Esquire of the one part and William Cockburn Doctor in Physic of the other part.
14th _15th March 1698. Indentures of Lease and Release the Release being tripartite and made between John Basire Esquire of the first part Piers Butler Esquire and Margaret Butler of the second part and William Cockburn Doctor in Physic of the third part.
15th March 1698. Indenture tripartite made between John Basire Esquire of the first part Margaret Butler of the second part and William Cockburn Doctor in Physic of the third part.
15th March 1698. Counterpart of the last above mentioned Indenture.
16th March 1698. Indenture made between William Cockburn Doctor in Physic of the one part and Margaret Butler of the other part.
16th March 1698. Counterpart of the last above mentioned Indenture.
24th June 1699. Indenture tripartite made between William Cockburn Doctor in Physic of the first part Margaret Butler of the second part and sir ffrancis Andrew Baronet of the third part.
24th June 1699. Counterpart of the last above mentioned Indenture.
9th January 1700. Indenture tripartite made between John Basire Esquire of the first part Dorothy Craddock widow Ralph Button Esquire and Thomas Bower Gentleman of the second part and William Cockburn Doctor in Physic Orlando Bowman Esquire and Archibald Hutchinson Gentleman of the third part.
9th January 1700. Indenture made between William Cockburn Doctor in Physic and Nathaniel Pigott Esquire of the one part and John Basire Esquire of the other part.
24th July 1702. Indenture tripartite made between Sir ffrancis Andrew Baronet of the first part William Cockburn Doctor in Physic of the second part and Richard Snow Esquire and Cecil Bishopp Esquire of the third part.
24th July 1702. Release by Deed Poll under the Hand and Seal of Sir Francis Andrew Baronet.
28th December 1702. Deed Poll being a Declaration of Trust under the Hand and Seal of Richard Snow Esquire.
11th December 1703. Indenture tripartite made between Richard Snow Esquire and Cecil Bishopp Esquire Thomas Mannock Esquire and Mary his Wife of the first part William Cockburn Doctor in Physic of the second part and John Crosby Esquire of the third part.
8th September 1716. Letter of Attorney from William Cockburn Doctor in Physic and Mary his wife to Nicholas Cockfield Merchant and John Mailes Inkeeper.
13th February 1730. Indenture of Lease from Edward Lord Bishop of Durham to William Cockburn Doctor in Physic.
16th February 1730. Letter of Attorney from William Cockburn Doctor in Physic to Nicholas Cockfield and James Raisbeck Merchants.
4th December 1738. The last Will of William Cockburn Doctor in Physic.
3rd February 1741. Indenture of Lease from Edward Lord Bishop of Durham to Sir Alexander Cockburn Baronet.
2nd March 1741. Letter of Attorney from Sir Alexander Cockburn Baronet to Samuel Hall Merchant and William Maddison Gentleman.
25th & 26th March 1745. Indentures of Lease and Release made between Sir Alexander Cockburn Baronet of the one part and Samuel Hall and Henry Brown Merchants of the other part.
3rd August 1745. Licence of Alienatism Edward Lord Bishop of Durham to Samuel Hall and Henry Brown Merchants.
5th September 1745. Letter of Attorney from Harriet Cockburn to William Weatherston Gentleman.

Seals of:- Tho Kirton Fran. Reed Ed. Waldy John Reeve Thomas Smith Gr. Stapylton

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