Transcribed by Wendy Snarey, 2018

(2) Deed of Appointment William Woodward to William Mason – 9th April 1753

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Deed of Appointment of £20 part of £40 charged on The Globe – William Woodward to William Mason 9th April 1753

Whereas by Indentures of Lease or Bargain and Sale and Release thereon bearing date respectively the 23rd and 24th March 1724 The Lease made between:

  1. Kenelm Bubb then of Tewkesbury cotton merchant
  2. Nathaniel Jeynes of Tewkesbury maltster and Thomas Pumfry (then Thomas Pumfry the younger) of Tewkesbury cooper

And the Release being Quadripartite between:

  1. Kenelm Bubb
  2. William Woodward of Tewkesbury mason and Susannah his then wife
  3. The said Nathaniel Jeynes and Thomas Pumfry
  4. John Hawling of Tewkesbury gentleman and John Humphrys then of Tewkesbury gentleman
For the considerations in the said Indenture of Release expressed the said Kenelm Bubb did thereby Grant Bargain, Sell, Release and Confirm unto the said Nathaniel Jeynes and Thomas Pumfry into their possession and seizin being by virtue of the said Indenture of Lease or Bargain and Sale and of the Statute made for transferring uses into possession their heirs and assigns

ALL THAT MESSUAGE or Tenement with the appurtenances then in the possession of the said Kenelm Bubb his tenant or undertenant situate and lying in Tewkesbury aforesaid in a street there called the Barton Street between a Messuage or Tenement late in the occupation of one John Lyes deceased on one side and a Messuage or Tenement then or late in the possession of John Wilkinson on the other side thereof together with all the houses, outhouses, buildings, shops, cellars, lights, pavements, outlets, courts, yards, backsides, ways waters, commons, common of pasture, easements, profits, privileges, advantages and hereditaments whatsoever to the first mentioned Messuage or Tenement and Premises belonging or in anywise appertaining  - which said Messuage or Tenement and premises the said Kenelm Bubb as therein mentioned then lately bought and purchased to him and his heirs forever of and from Nicholas Smithsend junior gentleman

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To have and to hold the first said mentioned Messuage or Tenement and Premises with the appurtenances unto the said Nathaniel Jeynes and Thomas Pumfry their heirs and assigns forever to and for the uses following (that is to say) To the Use and Behoof of the said William Woodward for his life and after his decease To the use and Behoof of the said Susannah for her life And from and after the decease of the said William Woodward and Susannah his wife To the use and Behoof of the said John Hawling and John Humphrys their executors and assigns for the term of 500 years upon the Trusts and for the purposes thereinafter mentioned And from after the determination or expiration of such term To the use and Behoof of the heirs of said Susanna wife of William Woodward forever

And it was thereby declared and agreed by and between parties thereto that the said term of 500 years was so limited to said John Hawling and John Humphrys as aforesaid UPON THIS TRUST in them and the survivor of them and the executors and administrators of such survivor reposed – that they should out of the Rents and Profits of the said Messuage or Tenement and Premises thereby granted and released or by leasing or mortgaging the same raise and pay the sum of £40 of lawful money of Great Britain at such time and in such manner and for such uses and purposes as said William Woodward should at any time then after by any Deed or Instrument in writing by him duly executed or by his last Will and Testament direct or appoint then should raise and pay the said £40 to Elizabeth Woodward, Mary Woodward and Sarah Woodward daughters of the said William Woodward by his former wife Mary Woodward deceased – equally amongst them share and share alike as by said Indentures may appear

And Whereas the said Susannah wife of William Woodward and John Humphrys are long since deceased and said John Hawling is surviving Trustee of said term

Now these presents witness that in consideration of £15 of good and lawful money of Great Britain to said William Woodward in hand paid by William Mason of Tewkesbury victualler (receipt acknowledged) and thereof acquit, release and discharge the said William Mason his executors and assigns and he the said William Woodward in pursuance and by virtue of the power vested in him by the said recited Indenture of Release doth by this Deed or Instrument in writing by him duly executed under his hand and seal direct or appoint the sum of £20 part of the said sum of £40 to be raised and paid to the said William Mason or his executors and assigns to and for his or their own use at the end of 2 calendar months next after the decease of William Woodward by such ways and means as are provided and directed by said Indenture and Release for the raising of the said sum of £40 therein mentioned to be raised and paid as said William Woodward should by any Deed or Instrument in writing by him duly executed or by his last Will and Testament direct or appoint

And the said William Woodward doth hereby for himself and his executors and assigns covenant grant and agree to and with the said William Mason his executors and assigns – and the said William Woodward doth hereby direct and appoint that the said John Hawling his executors and assigns and all and every person or persons being a Trustee or Trustees of the term of 500 years shall at all times hereafter be and be considered as a Trustee or trustees thereof for the said William Mason his executors and assigns as to the £20 hereby directed or appointed and for the raising and payment thereof to him or them

And as to the other £20 residue of the £40 as he the said William Woodward shall by any Deed or Instrument in writing by him duly executed or by his last Will and Testament direct or appoint and for want of such direction or appointment for the said children of the said William Woodward or their representatives who would have been entitled to the £40 for the want of said William Woodward’s direction or appointment

And the said William Woodward doth hereby for himself his executors and assigns covenant and promise to and with the said William Mason his executors and assigns that he the said William Woodward hath not heretofore made or executed any Deed or Instrument in writing, done any act, matter, or thing for the apportion or disposal direction or appointment of the said sum of £40 or any part thereof

In witness said William Woodward hath hereunto set his hand and seal 9th April 1753 in the 26th year of George II

Signed: mark of William Woodward Witnessed: Isaac Snook and John Cole 
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