Transcribed by Wendy Snarey, 2018

(8) Assignment of Mortgage – Benjamin Lane to Jonathan Gilbert – 2nd December 1773

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Cover:

Assignment of mortgage Mr Benjamin Lane by Mr Webb’s direction to Mr Jonathan Gilbert – 2nd December 1773

Document:

This Indenture made 2nd December 1773 in 14th year of reign of George III between:-

  1. Benjamin Lane of Elsfield otherwise Eldersfield yeoman
  2. Samuel Webb of Tewkesbury cutler
  3. Johnathan Gilbert of Tirley otherwise Trinley yeoman

Whereas by Indenture dated 2nd May 1767 made 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

And Reciting Indenture Quadrupartite dated 9th 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
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And Reciting Indenture made 29th 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

Reciting Indenture of Lease and Release dated 23rd and 24th March 1724 between:-

  1. Kenelm Bubb of Tewkesbury cotton merchant (since deceased)
  2. Said William Woodward and Susanna his wife
  3. Nathaniel Jeynes late of Hanley Castle Worcestershire gent (by 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 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 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  
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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 9th 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 William Woodward made Will 14th 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 John Lewis by his last Will and Testament dated 1st 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 John Hawling survived said John Humphreys and made a Will dated 28th 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 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

Now this Indenture Witnesseth that for £100 paid to Benjamin Lane by said Johnathan Gilbert (receipt acknowledged) Benjamin Lane did assign and set over to Johnathan Gilbert the term of 500 years

To hold to Johnathan Gilbert his executors and assigns for the residue of the term of 500 years then to come

Proviso for redemption of repayment by Samuel Webb of £100 with interest of 4½% 

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