(5) Assignment to attend the Inheritance – Nicholas Allen to Robert Mence – 9th March 1726
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On Cover: Assignment to attend the inheritance – Nicholas Allen to Robert Mence – 9th March 1726
Document:
This Indenture dated 9th March 1726 made between:- Nicholas Allen the elder of Tewkesbury glover [eldest son and heir of Nicholas Allen the elder late of Tewkesbury and Isabella his wife both deceased] and Elizabeth Hayward of Forthampton widow and only acting executor in the Will of Hopewell Hayward late of Forthampton gentleman deceased
- Robert Mence of Tewkesbury baker and Kenelme Bubb of Tewkesbury cotton merchant and Richard Bubb of Tewkesbury cordwainer
Whereas by one Indenture of Lease and Release dated 13th September 1717 and made between:
- Nicholas Allen the elder and Isabella his wife [both deceased] and said Nicholas Allen [part hereto] by the name of Nicholas Allen the younger glover [son and heir apparent of him said Nicholas Allen the elder deceased] and Elinor his wife
- Hopewell Hayward since deceased
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They the said Nicholas Allen the elder and Isabella his wife for £30 did assign
All that Messuage or Tenement and
Garden and Appurtenances lying in a certain street in Tewkesbury called the
High Street otherwise the Oldbury Street then in the possession of Nicholas
Allen the elder deceased having
A Messuage or Tenement then and now
in the possession of James Kingsbury on North
Messuage or Tenement then and now in
the possession of Bartholomew Sweet on South
Together with all the houses etc – Estate Right and Title of them the said Nicholas Allen the elder deceased and Isabella his wife and Nicholas Allen the younger [party hereto]
To hold to said Hopewell Hayward for 1000 years at a peppercorn rent
Proviso for repayment of £30 and interest by said Nicholas Allen the younger
And Whereas all interest has been paid to 13th March 1724 it appears that there is now justly due and owing to Elizabeth Hayward from Nicholas Allen £33 – said principal sum of £30 and interest thereof
Now this Indenture Witnesseth that said Elizabeth Hayward for £33 paid by said Richard Bubb (receipt acknowledged) said Elizabeth Hayward hath granted and set over with the consent of Nicholas Allen [party hereto] and Nicholas Allen doth grant bargain and confirm unto said Robert Mence and Kenelme Bubb being the persons nominated by and In Trust for said Richard Bubb
All and singular the Messuage or Tenement and Garden hereinbefore mentioned with the appurtenances and in and by the said recited Indenture demised to Hopewell Hayward
And all estate right and title and term of years to come of her the said Elizabeth Hayward
To have and to hold the said Messuage or Tenement and Garden with the appurtenances unto the said Robert Mence and Kenelme Bubb their executors and assigns during the rest and residue of term of years to come – Upon special trust nevertheless for said Richard Bubb that the remainder of the years to come shall attend and wait upon the inheritance and unexpired after the same shall be vested in said Richard Bubb and that the said Robert Mence and Kenelme Bubb their executors or assigns shall permit the said inheritance of said Messuage or Tenement and Garden with the appurtenances being conveyed to said Richard Bubb and his heirs forever and said Lease Term and Estate be preserved and kept on foot only to prevent extinguishing the same and to keep off mesne incumbrances
Covenants by Elizabeth Hayward for herself and Hopewell Hayward that they have not encumbered
Covenant by Nicholas Allen that he has not encumbered
Signed: Elizabeth Hayward; Mark of Nicholas Allen
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