(5) Assignment of Mortgage – George Hawkins and others to Miss Eleanor Barnes – 9th December 1763

Cover:

Assignment of mortgage Mr George Hawkins by Mr Samuel Webb and wife’s direction to Miss Eleanor Barnes – 9^th December 1763

With covenant to levy a fine to enure and to corroborate and confirm the 500 mortgage term and subject to use of Samuel Webb in fee

Document:

This Indenture Quadrupartite dated 9^th December 1763 and made between:-

1. George Hawkins of Tewkesbury haberdasher of hats
2. Samuel Webb of Tewkesbury cutler and Susanna his wife (only daughter and heir of John Lewis late of Tewkesbury mason deceased, who was eldest son and heir of Susanna wife of William Woodward late also of Tewkesbury bricklayer deceased and which said Susanna wife of Samuel Webb is devisee in last Will and Testament of said William Woodward)
3. Eleanor Barnes of the City of Gloucester milliner
4. Arthur Wynde of Tewkesbury surgeon

Whereas by Indenture Quadrupartite dated 29^th September 1759 and made between:

1. Rev Samuel Wolley then of Powick Worcestershire master of arts, Mary Wolley; Elizabeth Wolley; Ann Wolley; Sarah Wolley and Margaret Wolley all of the City of Worcester spinsters (the surviving executor and executrixes of the last Will and Testament of John Hawling late of Tewkesbury gent deceased) 
2. William Mason of Tewkesbury victualler; John Cole of Tewkesbury taylor; Sarah Woodward also of Tewkesbury spinster (the said John Cole being sole executor and one of the legatees and said Sarah Woodward being the other legatee of and in the last Will and Testament of said William Woodward)  
3. Said Samuel Webb of Tewkesbury cutler and Susanna his wife, the sole daughter and heir and also devisee in and by the last Will and Testament of John Lewis late of Tewkesbury mason deceased who was the eldest son and heir of Susanna former wife of said William Woodward 
4. George Hawkins of Tewkesbury haberdasher of Hats

ALL THAT MESSUAGE and TENEMENT with the appurtenances in the possession of Kenelm Bubb his tenant or undertenant situate and lying and being in Tewkesbury 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

A Messuage or Tenement then or late in possession of John Wilkinson on the other

Together with all houses and outbuildings etc which said premises said Kenelm Bubb (as is therein mentioned) lately purchased to him and his heirs forever of Nicholas Smithsend junior gent  

To hold to Nathaniel Jeynes and Thomas Pumfrey and their heirs and assigns forever to use of William Woodward for life

To use of Susanna Woodward for life To John Hawling and John Humphreys their executors to uses for 500 years UPON TRUSTS therein mentioned And after the expiration or determination of that estate To use of heirs and assigns of Susanna wife of said William Woodward forever

And it is declared by the now reciting Indenture of Lease and Release that the said term of 500 years is limited by trust that said John Hawling and John Humphreys should raise and pay £40 for purposes William Woodward in writing should direct

And Reciting William Woodward by Deed Poll of 9^th April 1753 did for £15 paid to him by said William Mason directed that the sum of £20 of the said £40 to be raised and paid to said William Mason and his heirs for their own use at the end of two months next after decease of said William Woodward

And Reciting said William Woodward made Will 14^th February 1758 and thereof gave John Cole One Guinea and Sarah Woodward £18-19s-0d being the remainder of £40 and he appointed John Cole as sole executor

And Reciting said John Lewis by his last Will and Testament dated 1^st January 1741 amongst other gifts did give to his wife Mary – who is now the wife of William Mason – the said Messuage or Tenement – to hold the same and enjoy the rents and profits (subject to the estate of William Woodward for his life) until the testator John Lewis’ daughter the said Susanna wife of Samuel Webb should reach 21 years – then he devised the said Messuage or Tenement to her the said Susanna and her heirs forever – And he appointed said wife Mary sole executrix

And Reciting said John Hawling survived said John Humphreys and made a Will dated 28^th March 1750 and appointed his nephew Richard Wolley therein named and said Samuel Wolley and his nieces said Mary Wolley; Elizabeth Wolley; Ann Wolley; Sarah Wolley and Margaret Wolley executor and executrixes who had all (except said Richard Wolley who had died in the lifetime of said John Hawling) proved the said testator’s Will so that the remainder of the 500 years became vested in them as surviving executors of said John Hawling upon the trusts mentioned

And Reciting said Susanna wife of Samuel Webbhad attained 21 years whereby and by reason of the death of said William Woodward she was become intitled to the reversion, freehold and inheritance of the premises – either as sole daughter and heir of said John Lewis or by virtue of his recited Will

And Reciting Samuel Webb and his wife having occasion for the sum of £40 to enable them to pay the [illegible] so reserved to the said William Woodward and disposed of by him as aforesaid they have prevailed with the said George Hawkins to advance them the said money on security of the Messuage or Tenement and have agreed with him that the said Messuage or Tenement and Premises shall be assigned to him

And Reciting that for the several sums of £20 to said William Mason; One Guinea to said John Cole and £18-19s-0d to Sarah Woodward making £40 altogether paid by said George Hawkins [receipts acknowledged]

And for 12d a piece to Rev Samuel Wolley, Mary Wolley; Elizabeth Wolley; Ann Wolley; Sarah Wolley and Margaret Wolley, Samuel Webb and his wife [receipts acknowledged]

They have joined in, granted, and ratified the said Messuage or Tenement and all estate right and title and unexpired term of years to come unto said George Hawkins and his heirs To hold to said George Hawkins from henceforth for the remainder of the 500 years subject to a proviso of redemption by said Samuel Webb and Susanna his wife or the heirs of the said Susanna paying to the said George Hawkins £40 with interest

Covenants – Premises free from all claims, mortgages etc [excepting the rents and services due and payable to the Chief Lord of Lords of the fee or fees of the said premises for and in respect of his or their seigniory or Seigniorys only excepted]

And Reciting that William Mason; John Cole; Sarah Woodward did demise and release their claim and set over to George Hawkins

And Whereas said £40 now owing to George Hawkins (interest all paid up) Samuel Webb and Susanna his wife hath prevailed with said Eleanor Barnes to lend them the sum of £70 to pay George Hawkins and other purposes whereupon it is agreed between parties to these presents that said premises should be assigned and granted to Eleanor Barnes forever

Now this Indenture Witnesseth that in consideration of £40 paid to George Hawkins, at request of Samuel Webb and his wife, by Eleanor Barnes (receipt acknowledged) – he the said George Hawkins hath transferred and set over and assigned the said premises to Eleanor Barnes

And Samuel Webb and Susanna his wife in consideration of £30 paid by said Eleanor Barnes (receipt acknowledged) hath ratified and confirmed unto said Eleanor Barnes the said Messuage or Tenement and Appurtenances intended to be granted to said George Hawkins To hold to said Eleanor Barnes and her heirs forever for term of 500 years yet to come and unexpired

Covenant that nothing had been done to encumber the premises

Proviso for redemption of repayment of the sum of £70 with 4½% interest

ALSO ANNEXED IS INDENTURE FOLLOWING:-

Know all men by these presents that Samuel Webb of Tewkesbury cutler – one of the parties whereto these presents are annexed being Indenture Quadrupartite dated 9^th December 1763 made between:-   

1. George Hawkins of Tewkesbury haberdasher of hats
2. Samuel Webb of Tewkesbury cutler and Susanna his wife (by description therein)
3. Eleanor Barnes of the City of Gloucester milliner
4. Arthur Wynde of Tewkesbury surgeon

And purporting to be an Assignment from George Hawkins and a grant and confirmation by me of a certain Messuage or Tenement in Barton Street and then and now in my own occupation more particularly described in such annexed Indenture unto said Eleanor Barnes and her assigns for the remainder of term of 500 years by way of a mortgage for securing payment of £70 and interest and in consideration of a further £20 paid by said Eleanor Barnes (receipt acknowledged) I have subjected and charged and incumbered and by these presents I said Samuel Webb do subject and charge the said Messuage or Tenement granted to said Eleanor Barnes in said annexed Indenture to and with the payment of said sum of £20

Proviso of redemption of repayment of full £90 principal sum and 4½% interest

In Witness whereof I have set my hand and seal dated 7^th April 1766 – signed Samuel Webb