(21) Assignment to attend the Inheritance – Mr Robert Smith and Joseph Smith to Mr Joseph Collett – 1st May 1769

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On Cover: Assignment to attend the Inheritance – Mr Robert Smith and Joseph Smith to Mr Joseph Collett in Trust – 1st May 1769

Document: 

By Indenture tripartite stampt as the several acts direct and made 1st May 1769 and made between 

1. Robert Smith of Tewkesbury maltster and Joseph Smith of Tewkesbury stocking framework knitter (joint executors named in the last Will and Testament of William Smith late of Tewkesbury aforesaid innholder)
2. Joseph Price of the City of Hereford shopkeeper and Elizabeth his wife – late Elizabeth Smith spinster and only daughter of William Smith deceased 
3. Joseph Collett of Tewkesbury distiller

Whereas by Indenture of Lease or Mortgage dated 28th January 1741 made between

1. William Walker of Tewkesbury shoemaker 
2. William Spilman of Upper Mitton Bredon Worcestershire yeoman

The said William Walker for consideration mentioned did demise and sell to William Spilman

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All that Messuage or Tenement or Half Burgage in occupation of William Walker with garden, backside thereto adjoining and belonging situate in Tewkesbury in a street there called the High Street otherwise the Oldbury Street having
A Messuage or Tenement late in the occupation of Nicholas Allen glover but then of John Kingsbury on North side
A Messuage or Tenement late in possession of James Kingsbury but then of Joseph Heath on South side
And extending itself in length from the said street on the forepart to land formerly of Sir Francis Russell baronet then belonging to the Poor Alms people on the hinder part
Together with all the outhouses etc whatsoever to the said Messuage or Tenement or Half Burgage and Premises in anyway belonging
And the ingress and egress and regress to and from the Pump or Well in the backside belonging to the said Messuage or Tenement on the South side of the said Messuage or Tenement thereby demised – to draw and take away water during the term and estate thereby granted

And the Reversion and Reversions and the Remainder and Remainders 

To hold to said William Spilman and his executors for the term of 1000 years at a peppercorn rent subject to the redemption by said William Walker his heirs and assigns of the payment of £12 and interest to said William Spilman his executors and assigns

And Whereas by Indenture Tripartite dated 9th November 1743 made between

1. Said William Spilman
2. Said William Walker
3. John Goddard of Bredon Worcs baker

Said William Spilman in consideration of £12 paid to him by said John Goddard did assign and transfer and set over – and the said William Walker in consideration of a further £28 paid to him also by said John Goddard did grant confirm and ratify to the said John Goddard and his executors - All and every the aforesaid Messuage or Tenement or Half Burgage and all estate right and title and term of years whatsoever of them the said William Walker and William Spilman in and to the same premises

To hold to said John Goddard his executors and assigns for the remainder of the said term of 1000 years subject to the redemption by said William Walker his heirs and assigns on repayment of £40

And Whereas by Indenture dated 7th November 1744 made between

1. John Goddard
2. William Walker 
3. William Godsall of Tewkesbury tanner

After reciting the before recited the said John Goddard in consideration of £40 paid to him by said William Godsall did assign and transfer and set over and the said William Walker did ratify and confirm and for a further £20 to him also paid by said William Godsall he said William Walker did grant to William Godsall and his heirs – all and every the said Messuage or Tenement or Half Burgage with the appurtenances 

To hold to said William Godsall and his heirs for the remainder of the term of 1000 years subject to the redemption by William Walker on the repayment of £60 and interest to said William Godsall 

And Whereas by one other Indenture of Assignment or Mortgage Tripartite dated 12th September 1748 made between

1. Elizabeth Godsall of Tewkesbury widow and executor of the last will and Testament of said William Godsall deceased
2. Said William Walker
3. Joseph Peace of Tewkesbury baker

Reciting to the effect the hereinbefore recited – the said Elizabeth Godsall in consideration of £67-10s-0d paid by Joseph Peace did assign and transfer and set over and the said William Walker in consideration of a further £2-10s-0d paid to him also by said Joseph Peace did grant ratify and confirm unto said Joseph Peace and his executors all and every the said Messuage or Tenement with the appurtenances in and by the said Indenture mentioned to be granted and assigned 

To hold to said Joseph Peace his heirs and assigns for the remainder of the term of 1000 years subject to the redemption by William Walker or his heirs on repayment of £70 and interest to said Joseph Peace

And Whereas by one Indenture of Assignment Tripartite dated 21st December 1753 made between

1. Said Joseph Peace 
2. Said Joseph Smith
3. Said William Smith (who is since deceased)

Reciting the before recited and also that since the execution of the last recited Indenture of assignment the said William Walker for the consideration therein mentioned did convey the above Messuage or Tenement or Half Burgage to the said Joseph Smith his heirs and assigns and that there was then due and owing to said Joseph Peace the principal sum of £70 all interest having been paid

And said William Smith did, at the request of said Joseph Smith advance and lend the same on security of the said premises

It is hereby witnessed that said Joseph Peace in consideration of £70 paid to him by William Smith did grant bargain and sell and set over and the said Joseph Smith in consideration of 5s-0d to him paid by said William Smith did grant bargain and sell and confirm unto said William Smith – all and every the Messuage or Tenement or Half Burgage with the garden backside and premises by the said several recited Indentures mentioned – with all estate right and title and term of years whatsoever of the said Joseph Peace and Joseph Smith or either of them in the said premises

To hold to said William Smith and his heirs for and during all the residue of the term of 1000 years subject to the redemption by said Joseph Smith or his heirs of £70 and interest paid to said William Smith or his heirs

And Whereas said William Smith since the date of the last recited Indenture of Assignment died but before his death duly made and published his last Will and Testament and gave devised and bequeathed all his real and personal estate unto said Robert Smith and Joseph Smith IN TRUST for the sole use and benefit of his daughter Elizabeth Smith now the wife of Joseph Price and of his Will appointed the said Robert Smith and Joseph Smith joint executors

And Whereas said Joseph Smith hath lately paid unto Joseph Price the sum of £70 which was in full for principal sum and interest to him in right of his said wife on the before recited mortgaged premises but no assignment of the said term of 1000 years hath been executed

And said Joseph Smith in order to keep on foot the before recited term of 1000 years and to prevent the same from being merged is desirous that they should be assigned to said Joseph Collett IN TRUST for said Joseph Smith in manner hereafter mentioned

Now this Indenture Witnesseth that said Joseph Price in consideration of his having been paid the principal sum and all interest due to him on the before recited mortgage by the said Joseph Smith

And the said Robert Smith and Joseph Smith in consideration of 5s-0d paid by said Joseph Collett (being the person nominated by and IN TRUST for the said Joseph Smith) and his heirs and executors – hath released all and every the Messuage or Tenement or Half Burgage with the garden backside and premises by the said several recited Indentures mentioned – with all estate right and title and term of years whatsoever of them the said Robert Smith, Joseph Smith, Joseph Price and Elizabeth his wife or either of them respectively in out of or to the same premises by virtue of the last recited Indenture or Assignment and last Will and Testament of William Smith deceased

To hold to said Joseph Collett his executors and assigns for the remainder of the term of 1000 years IN TRUST for Joseph smith his executors and assigns to wait upon the Freehold and Inheritance

Signed Robert Smith; Joseph Smith; Joseph Price; Elizabeth Price