1783 - Assignment of 500 years - Sarah Lye to Hopewell Hayward

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On Cover:- Miss Lye by direction of James Kedwards and Mr Thomas Pensam to Mr Hopewell Hayward

Assignment of 500 years in Trust

Indenture Quadruptite dated 28th January 1783 between:-

1. Sarah Lye of Gloucester spinster (sole executrix named in last Will & Testament of Mary Jones formerly Mary Attwood spinster of Tewkesbury widow)
2. James Kedwards of Tewkesbury butcher (only son and heir of Nutt Kedwards late of Tewkesbury butcher deceased)
3. Thomas Pensam of Forthampton gent
4. Hopewell Hayward of same place gent

Whereas by Indenture Tripartite dated 31st December 1760 between:-

1. Nutt Kedwards and Anne his wife {since deceased}
2. Mary Attwood spinster (afterwards Jones)
3. Henry Whitaker of Tewkesbury gent

Witnessed that said Nutt Kedwards for £195 paid by Mary Attwood did grant :–

ALL THAT MESSUAGE or Tenement with appurtenances and One Garden in High Street theretofore in possession of John Clifton the younger and Henry Welsh deceased and late of Samuel welsh and then of Nutt Kedwards having:-

Messuage or Tenement of Richard Symonds on North

Messuage or Tenement late of widow Clifton on South – to have to said Mary Attwood for 500 years – proviso for paying £195 with interest of £4-5s-0d in £100 on a certain day

And Whereas default was made and Mary Attwood after date of Indenture intermarried with Revd Henry Jones clerk and having survived him lately departed this life having first duly made her last Will and Testament dated 11th May 1774 and appointed Sarah Lye her executrix – who proved same in Ecclesiastical Court – and remainder of term of 500 years became vested in Sarah Lye.

And Whereas £40 – part of the £195 – was proper money of Margaret Mann late of Tewkesbury spinster deceased – who dying several years since devised same, amongst other things, by Will to Richard Jackson esq and made him her executor – who having occasion for same applied to said Nutt Kedwards, who in his lifetime paid off to said Richard Jackson the said £40 with all interest in respect thereof as and by certain Deed Poll executed by Mary Attwood together with receipt thereon indorsed 

And Whereas there is now justly due and owing unto said Sarah Lye £155 – all interest having been paid up to date of these presents

And Whereas Thomas Pensam hath contracted with James Kedwards for absolute purchase in fee simple and inheritance of and in said recited Messuage or Tenement and Garden and Premises for £370 on treaty for said purchase – it was agreed that:-

The £155 due to Sarah Lye should be paid to her and Sarah Lye should assign the said recited mortgage to Hopewell Hayward IN TRUST for Thomas Pensam and his heirs.

NOW THIS INDENTURE WITNESSETH:- that in consideration of £155 to said Sarah Lye by Thomas Pensam – the said Sarah Lye doth accept and set over unto Hopewell Hayward and his assigns to have and to hold unto Hopewell Hayward during remainder of 500 years in trust for said Thomas Pensam