(27) Release of the equity of redemption to the mortgage – Mrs Elizabeth Price to Robert Smith – consideration £70 – 26th November 1773
On Cover: Release of the equity of redemption to the mortgage – Mrs Elizabeth Price to Robert Smith – consideration £70 – 26th November 1773
Document:
By Indenture made 26th November 1773 between
- Elizabeth Price of Broad Cabbage Lane in the City of Hereford widow (devisee named in last Will and Testament of her late uncle Joseph Smith late of Tewkesbury hosier deceased)
- Robert Smith of Tewkesbury maltster
Whereas said Joseph Smith by certain Indenture of Lease and Mortgage dated 16th May 1769 demised and granted the Messuage or Tenement Hereditaments and Premises hereinafter released unto said Robert smith his executors administrators and assigns for 1000 years for securing the payment of £80 and interest to said Robert Smith his executors administrators and assigns
And Whereas said Joseph smith in his lifetime duly made and executed and published his last Will and Testament dated 21st March 1772 did hereby give (amongst other hereditaments) the Messuage or Tenement hereditaments and premises hereinafter mentioned unto said Robert Smith his executors administrators and assigns for a 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 Issues and profits for and during so many years of the said term she should happen to live – and from and immediately after her decease then he willed that the said term should cease and be void
And he devised the same premises unto and to the use of the said Elizabeth Price her heirs and assigns forever as in and by the said recited Indenture of Lease and Mortgage and Will relation being thereunto respectively had Will more fully and at large appear
And Whereas Sarah the wife of the said Joseph Smith hath been sometime since deceased and said Elizabeth Price is become well entitled to the Freehold and Inheritance of said premises
And Whereas there is now justly due and owing unto said Robert Smith on the said part recited Indenture of Lease and Mortgage the said principal sum of £80 – all interest having been paid
And said Robert Smith having contracted with said Elizabeth Price for absolute purchase of the Equity of Redemption in fee simple and inheritance of the said Messuage or Tenement hereditaments and premises hereinafter mentioned to be released for £150 of which said sum of £80 so due and owing to the said Robert Smith as aforesaid was and is agreed to be deemed and taken as part and parcel thereof and the said term of 1000 years hath been assigned over by the said Robert Smith to William Lambert of Tewkesbury yeoman IN TRUST for the said Robert Smith his executors and administrators until the premises hereinafter released shall be well and sufficiently conveyed and assured unto and to the use of the said Robert Smith his heirs and assigns forever
And from completing such conveyance and assurance IN TRUST for the said Robert Smith his heirs and assigns to attend and wait upon the freehold and inheritance of the said premises hereinafter released and to defend and protect the same from and against all mesne incumbrances as occasion shall or may require
And it is agreed that the residue and remainder of the said sum of £150 being the sum of £70 shall be paid to said Elizabeth Price
Now this Indenture Witnesseth that in consideration of the sum of £80 now due and owing from said Elizabeth Price to said Robert Smith on mortgagee of the said premises and also for £70 (being the residue of the £150) paid to her the said Elizabeth Price by the said Robert Smith (receipt acknowledged) she, the said Elizabeth price has granted sold and released and confirmed unto said Robert Smith
All that Messuage or Tenement or Half Burgage heretofore in the occupation of William Walker cordwainer late of the said Joseph Smith and now in the tenure of William Rippon 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 tenure and now belonging to John Kingsbury on North side
A Messuage or Tenement late in the tenure of Joseph Heath but now in occupation of Benjamin Shaw 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 Almspeople of Tewkesbury 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 or to the same usually enjoyed
And the Reversion and Reversions and the Remainder and Remainders
To hold to said Messuage or Tenement Garden Backside and Hereditaments hereinbefore mentioned to the only proper use of said Robert Smith his heirs and assigns forever
Covenant by Elizabeth Price that neither she nor Joseph Smith deceased had done anything to incumber the premises
Covenant that Elizabeth Price is rightfully seised of the said Messuage or Tenement and has good right and title to convey
Except said recited Indenture of Lease and mortgage of 16th May 1769 for securing £80 which said Indenture and term of 1000 years are by Indenture dated 22nd November present assigned over by the said Robert Smith to William Lambert
And also except “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”
Signed by Elizabeth Price
(27a) Lease for a year – Mrs Elizabeth Price to Mr Robert Smith – 25th November 1773
On Cover:
Lease for a year – Mrs Elizabeth Price to Mr Robert Smith – 25th November in 14th year of the reign of George III 1773
Document:
This Indenture made 25th November 1773 between:
- Elizabeth Price of Broad Cabbage Lane in the City of Hereford widow (devisee named in the last Will and Testament of her late Uncle, Joseph Smith late of Tewkesbury hosier deceased
- Robert Smith of Tewkesbury maltster
Witness that for 5s-0d paid to Elizabeth Price by said Robert Smith [receipt acknowledged] – she, said Elizabeth Price hath bargained and sold unto said Robert Smith his executors and assigns –
ALL THAT MESSUAGE or Tenement or Half Burgage heretofore in occupation of William Walker cordwainer late of Joseph Smith and now in the tenure of William Rippon with the garden and backside thereunto adjoining and belonging situate and being in Tewkesbury in a street there called the High Street otherwise the Oldbury Street having
A Messuage or Tenement late in the tenure of and now belonging to John Kingsbury on the North Side
And a Messuage or Tenement late in the tenure of Joseph Heath but now in the occupation of Benjamin Shaw on the South Side
And extending itself in length from the street on the forepart to the Land formerly of Sir Francis Russell baronet now belonging to the Poor Alms people of Tewkesbury aforesaid on the hinder part thereof and all outhouses edifices buildings etc whatsoever to the said Messuage or Tenement or Half Burgage Garden Backside and Premises belonging or appertaining to or with the same usually set, let held or enjoyed
And the reversions and Remainder
To have and to hold said Messuage or Tenement Garden and Backside Hereditaments and Premises hereinbefore mentioned unto the said Robert Smith his executors and assigns from the day next before the day of the date of these presents for one whole year – paying one peppercorn if demanded
Signed: Elizabeth Price
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