by Wendy Snarey

(19) Assignment of Mortgage Term in trust to attend the inheritance – George Hawkins to Thomas Hughes – 24th May 1759

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On Cover: Assignment of Mortgage Term in trust to attend the inheritance – George Hawkins to Thomas Hughes – 24th May 1759

Document

This Indenture Tripartite made 25th May 1759 between:-

  1. George Hawkins of Tewkesbury haberdasher of hats 
  2. Daniel Insoll of Tewkesbury baker
  3. Thomas Hughes of Tewkesbury yeoman

Whereas by Indenture Tripartite dated 25th November 1752 made between:-

  1. John Hawling then of Tewkesbury gentleman since deceased
  2. Said Daniel Insoll
  3. Said George Hawkins

Reciting that by Indenture Tripartite dated 15th February 1731 made between

  1. Samuel Hayward of Alderton clerk
  2. Sarah Jones of Tewkesbury widow and relict of Ralph Jones then late of Tewkesbury innholder deceased
  3. Said John Hawling

It is recited that by Indenture of Lease in nature of a Mortgage dated 25th December 1727 made between:

  1. Said Sarah Jones
  2. Said Samuel Hayward then of the City of Oxford B.A.

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Said Sarah Jones for consideration therein mentioned did demise grant and bargain to said Samuel Hayward his heirs and assigns (with two small Messuages or Tenements since sold)

All that One Messuage or Tenement theretofore in the possession of Nicholas Allen; then late of Richard Bubb then John Peace having
A Messuage or Tenement of James Kingsbury on the north side
A Messuage or Tenement of Bartholomew Sweet on the south side 

Together with all the houses, out houses etc etc 

To hold to Samuel Hayward for the remainder of the term of 1000 years at the yearly rent of one peppercorn in which indenture contained a proviso of redemption on payment of £80 and interest

And said Indenture of 15th February 1731 also recited that there was the said principal was then due and further therein recited that it was thereby witnessed that said Samuel Hayward in consideration of £80 paid to him by John Hawling did assign and set over to said John Hawling his exec and assigns

All and singular the said Messuage or Tenement and Premises therein particularly mentioned together with the Indenture of Mortgage and all benefit thereof and also all estate right and title of him the said Samuel Hayward to hold to said Joh Hawling for the remainder of the said term of 1000 years

And said Sarah Jones for consideration aforesaid did by the same Indenture of 15th February 1731 ratify and confirm to the said John Hawling all the remaining term of the 1000 years subject to a redemption of £82

And the now reciting Indenture of 25th November 1752 also reciting that upon sale of the other said Messuages or Tenements above mentioned to be comprised in the said Indenture of Mortgage the said John Hawling was paid £20 which reduced his principal money to £60 which was remaining due to him with the interest thereof and that the equity of redemption freehold and inheritance of said recited premises then belonged to Daniel Insoll

And it is thereby witnessed that for consideration therein expressed the said John Hawling did assign transfer and set over and  said Daniel Insoll  granted ratified and confirmed unto said George Hawkins his executors and assigns 

All and singular the Messuage or Tenement and Premises therein particularly mentioned and described situate in High Street otherwise the Oldbury Street mentioned to be granted to said John Hawling by said Indenture of 15th February 1731

Together with the Indenture of Mortgage and all benefit thereof – All which premises are now in the tenure or occupation of Joseph Heath cordwainer as tenant

And all estate right and title of said John Hawling and Daniel Insoll respectively to the premises

To hold to said George Hawkins for the remainder of the term of 1000 years subject to a proviso contained in the now reciting Indenture for redemption of the premises granted by Daniel Insoll to said George Hawkins for £80 and interest

And Whereas Daniel Insoll by his Deed Poll dated 26th May 1756 and annexed to the said recited Indenture – in consideration of the further sum of £22-13s-0d paid him by said George Hawkins subjected and charged and incumbered – all and every the Messuage or Tenement and hereditaments with the appurtenances assigned and granted otherwise conveyed to said George Hawkins his executors and assigns in or by the said recited Indenture to and with the payment hereof with interest and covenanted with said George Hawkins that the Messuage or Tenement and hereditaments should not be redeemed but on payment of both the said sums of £80 and £22-13s-0d with interest for the same 

And Whereas £118-0s-6d is now accrued due and owing from said Daniel Insoll to George Hawkins for principal money and interest upon said mortgaged premises – And said Joseph Heath the tenant in possession of the said premises having lately attorned to said George Hawkins with the consent of Daniel Insoll, the said George Hawkins hath received £2-14s-9d for the rent thereof and no more which being deducted from what is become due to him reduced the same to the sum of £115-5s-9d 

And Whereas Daniel Insoll and George Hawkins have come to agreement for the said George Hawkins purchasing the equity of redemption freehold and inheritance of the said mortgaged premises at the price or sum of £14-14s-3d and it being intended that said mortgage term shall be preserved a subsisting estate – the same is with that intent assigned by said George Hawkins to Thomas Hughes in trust as hereinafter mentioned

Now this Indenture Witnesseth that in order to prevent the said term from being merged in the freehold and fee simple of the mortgaged premises and to the end the same may be preserved and kept on foot. And for and in consideration of 5s-0d paid to George Hawkins by said Thomas Hughes (receipt acknowledged) – he said George Hawkins hath assigned transferred and set over with the privity of Daniel Insoll to said Thomas Hughes the Messuage or Tenement hereditaments and premises with the appurtenances granted unto said George Hawkins his executors and assigns by Indenture dated 20th November 1752

To hold to said Thomas Hughes for remainder of the term of 1000 years to come in trust for him the said George Hawkins

Signed: George Hawkins; Daniel Insoll; Thomas Hughes 

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