(26) Assignment to attend the Inheritance – Mr Robert Smith to William Lambert in trust for Mr Smith – 22nd November 1773

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On Cover: Assignment to attend the Inheritance – Mr Robert Smith to William Lambert in trust for Mr Smith – 22nd November 1773

Document: 

This Indenture made 22nd November 1773 between 

1. Robert Smith of Tewkesbury maltster 
2. William Lambert of Tewkesbury yeoman

Whereas by Indenture of Lease or Mortgage dated 16th May 1769 made between:

1. Joseph Smith of Tewkesbury stocking framework knitter since deceased
2. Said Robert Smith

The said Joseph Smith for consideration therein mentioned did demise grant bargain and sell unto Robert Smith his executors and assigns

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All that Messuage or Tenement or Half Burgage thentofore in the occupation of William Walker cordwainer but then of the said Joseph Smith with the garden backside thereunto adjoining and belonging situate lying and being in the High Street otherwise the Oldbury Street having
A Messuage or Tenement then in the tenure of John Kingsbury on the North side 
A Messuage or Tenement then or late in the tenure of Joseph Heath on the South side thereof
Extending itself in length from the said Street on the forepart to the land formerly of Sir Francis Russell Baronet then belonging to the Poor of Tewkesbury on the hinder part

And all the outhouses edifices etc etc whatsoever belonging – To hold the said premises to said Robert Smith his executors and assigns for the term of 1000 years at the yearly rent of one peppercorn if demanded – 

Subject nevertheless to the redemption of the said Joseph Smith his heirs or assigns on payment of the sum of £80 and interest to the said Robert Smith his heirs or assigns

And Whereas the said Joseph Smith is since dead and in his lifetime duly made and executed his last Will and Testament dated 21st March 1772 and did thereby give (amongst other hereditaments) the Messuage or Tenement Hereditaments and Premises herein before mentioned unto the said Robert Smith his executors and assigns for the term of 99 years in trust (amongst other things) to permit his wife Sarah Smith and her assigns (after certain deductions therein directed to be made) to receive the residue and remainder of the rents and issues thereof for and during so many years of the said term as she should happen to live.

And from immediately after her decease then Willed that the said term should cease and be void and he devised the same premises unto and to the use of his Niece Elizabeth Price then the wife of Joseph Price of the City of Hereford milliner her heirs or assigns forever as in and by the said recited Indenture and Will relation being thereunto respectively and will more fully and at large appear

And Whereas the said Sarah the wife of the said Joseph Smith hath been sometime since deceased and the said Joseph Price is also since dead and the said Elizabeth Price is now become well entitled to the Freehold and Inheritance of the said premises and the said Robert Smith hath contracted and agreed with the said Elizabeth Price for the absolute Purchase of the Equity of Redemption Freehold and Inheritance of the said hereinbefore mentioned premises

Now this Indenture Witnesseth that for and in consideration of Ten shillings to the said Robert Smith paid by the said William Lambert (receipt acknowledged) and to the intent to preserve and keep the residue to come of 1000 years on foot – He the said Robert Smith hath assigned transferred and set over unto said William Lambert – All and singular the Messuage or Tenement Garden Hereditaments and Premises hereinbefore mentioned and contained in the said recited term of 1000 years (which are intended to be conveyed and assured to the said Robert smith his heirs and assigns in and by certain Indentures of Lease and Release to bear date 25th and 26th November and to be made between:

1. Elizabeth Price (by her description therein)
2. Said Robert Smith 

And all the estate right and title term of years interest use trust whatsoever of the said Robert Smith in and to the same premises by virtue of the said recited Indentures of Lease or Mortgage or otherwise

To have and to hold all and every the said Messuage or Tenement Garden Hereditaments and Premises in and by these presents assigned or intended to be hereby assigned with their and every of their appurtenances unto the said William Lambert his executors and assigns henceforth for and during all the residue of the 1000 years UPON TRUST for the use and benefit of the said Robert smith his executors and assigns until the said Premises hereby assigned shall be well and sufficiently conveyed and assured by the said Elizabeth Price to said Robert Smith his heirs and assigns forever

And from the completing of such conveyance and assurances IN TRUST for the said Robert Smith his heirs and assigns to attend and wait upon and go along with the Freehold and Inheritance of the said Premises hereby assigned to protect the same of from and against all mesne incumbrances as occasion shall or may require

In witness whereof the said partys to these presents have hereunto set their hands and seals the day and year first before written

Signed: Robert Smith and William Lambert

Witnessed: John Toms and Samuel Trueman