(3) Deeds to 3 Barton Street Tewkesbury

Assignment of a Mortgage Quarington to Lane by direction of Webb made 2^nd May 1767 in 7^th year of George the Third between:

1. Edward Quarington of the City of Gloucester cyder merchant and Eleanor his wife (late Eleanor Barnes spinster)
2. Samuel Webb of Tewkesbury cutler
3. Benjamin Lane of Elsfield otherwise Eldersfield Worcestershire yeoman

Whereas by Indenture Quadpartite dated 9^th December 1763 made between:

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

And Reciting that by Indenture Quadpartite dated 29^th September 1759 between:

1. Rev Samuel Wolley then of Powick Worcestershire master of arts (since deceased); Mary Wolley; Elizabeth Wolley; Ann Wolley; Sarah Wolley and Margaret Wolley all of the same place, 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 and Susanna his wife
4. Said George Hawkins

It is recited that by Indenture of Lease and Release dated 23^rd and 24^th March 1724 between:

1. Kenelm Butt [sic] Bubb of Tewkesbury cotton merchant (since deceased)
2. William Woodward and Susanna his wife
3. Nathaniel Jeynes late of Hanley Castle Worcestershire gent deceased (by his then name and addition of Nathaniel Jeynes of Tewkesbury maltster and Thomas Pumfrey the younger then also of Tewkesbury cooper (since deceased)
4. John Hawling and John Humphreys then also of Tewkesbury gents since also deceased

The said Kenelm Butt [sic] Bubb for considerations expressed did grant and release and convey to said Nathaniel Jeynes and Thomas Pumfrey and their heirs forever

ALL THAT MESSUAGE and TENEMENT with the appurtenances in the possession of Kenelm Butt [sic] 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 Butt [sic] Bubb (as is therein mentioned) lately purchased to him and his heirs forever of Nicholas Smithsend junior gent  gent

To hold to Nathaniel Jeynes and Thomas Pumfrey and their heirs and assigns forever amongst other uses therein ltd which were since determined To the life of said John Hawling and John Humphreys their executors for 500 years UPON TRUSTS therein mentioned And after the determination of that estate To use of heirs and assigns of Susanna wife of said William Woodward forever

And by the said Indenture of Lease and Release it is declared that said term of 500 years was limited upon trust that said John Hawling and John Humphreys and the survivor of them and the executors of such survivor should by the rents and profits of said premises or by leasing etc – pay the sum of £40 at such time and manner for use as William Woodward should at any time thereafter should direct and pay said money to several persons as therein mentioned

And said Indenture of 29^th September also reciting that said William Woodward by his Deed Poll only executed dates 9^th April 1753 for consideration appointed £20 of said £40 to be paid to William Mason his executor 2 months after the decease of said William Woodward

That the said William Woodward by his last Will and Testament dated 14^th February 1758 to said John Cole one guinea to said Sarah Woodward £18-19s-0d being remainder of said £40 and appointed said John Cole sole executor of his Will

That the said John Lewis by his last will and Testament dated 1^st January 1741 devised to his wife Mary then the wife of said William Mason – The said Messuage or Tenement (subject to the estate of said William Woodward for his life) until the said testator John Lewis’s daughter said Susanna wife of Samuel Webb should arrive to age of 21 years and then he devised the said premises to her heirs and assigns forever and appointed his said wife executrix of his Will

That the said John Hawling survived the said John Humphreys and before his death made his last Will and Testament 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

That said Susanna wife of Samuel Webb had attained 21 years whereby and by reason of the death of said William Woodward she was become intitled to the reversion and inheritance of the premises – either as daughter and heir of said John Lewis or by writing of his Will

Further Reciting  - It is witnessed that for consideration therein expressed the said Samuel Wolley; Mary Wolley; Elizabeth Wolley; Ann Wolley; Sarah Wolley and Margaret Wolley assigned and the said Samuel Webb and Susanna his wife granted and confirmed to the said George Hawkins and his assigns the said Messuage or Tenement 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 And it is also witnessed that William Mason, John Cole and Sarah Woodward released to said George Hawkins and his assigns All their estate right and title and interest in the said premises

And the now reciting Indenture of 9^th December 1763 further reciting it is thereby witnessed that said George Hawkins did assign and set over and the said Samuel Webb and Susanna his wife granted ratified and confirmed to Eleanor wife of said Edward Quarington her executors and assigns the remainder of the term of 500 years subject to a proviso of redemption by Samuel Webb his heirs paying to said Eleanor wife of Edward Quarington or her assigns the sum of £70 with interest

And by the now reciting Indenture  it is covenanted that the said Samuel Webb and Susanna his wife  Should at Hilary Term next  levy to said Arthur Wynde and his heirs in the Court of Common Pleas a fine Sur Connsans de Droit come ceo of the said premises – to Elizabeth [sic] wife of Edward Quarington for remainder of the term of 500 years for strengthening the same – subject to proviso of redemption after expiration or sooner determination of the term to said Samuel Webb his heirs and assigns forever

And Whereas fine was levied

And Whereas said Samuel Webb by his deed poll annexed to the said Indenture dated 7^th April last in consideration of the further sum of £20 lent to him by the said Eleanor wife of said Edward Quarington charged the said Mortgaged premises with the payment thereof with interest to her the said Eleanor wife of said Edward Quarington recorded in said Court of Common Pleas and said recited Deed Poll may more fully appear

And Whereas since the said recited Indenture and Deed Poll were made the said Edward Quarington and Eleanor his wife intrermarried and by virtue thereof the said Edward Quarington became intitled to the principal sum of £90 which now only remains due on said recited Indenture and Deed Poll – all interest for the same having been fully paid

And Whereas Edward Quarington having occasion for the said Principal Sum the said Samuel Webb hath prevailed with Benjamin Lane to advance him £100 upon security of the said mortgaged premises whereupon it is agreed between the parties to these presents that the said premises shall be assigned and granted to the said Benjamin Lane and his assigns in manner hereafter mentioned

Now this Indenture Witnesseth that for and in consideration of £90 at the request of Samuel Webb paid to Edward Quarington by said Benjamin Lane (receipt acknowledged) He the said Edward Quarington and Eleanor his wife transfers and stets over – and likewise Samuel Webb in consideration of £10 paid to him by said Benjamin Lane (receipt acknowledged) hath granted to Benjamin Lane the said Messuage or Tenement intended to be granted to said Eleanor wife of Edward Quarington in said recited Deed Poll

And Edward Quarington for himself and Eleanor his wife promise to Benjamin Lane they have not made any former assignment of the Messuage or Tenement and have not done anything to incumber the premises

Samuel Webb to pay full £100 with interest at 4½% with proviso for redemption