(9) Assignment of Mortgage – Jonathan Gilbert to John Mann – 22nd June 1789
Cover:
Assignment of mortgage of premises in Tewkesbury for securing £105 + interest – Mr Johnathan Gilbert by Samuel Webb’s direction to Mr John Mann
Also annexed Messrs Morris and others (executors of John Mann deceased) by direction of Mary Webb to Mr Samuel Trueman in trust for Mr Thomas Whithorn to attend the inheritance dated 27th January 1798
Document:
This Indenture in three parts made 22nd June 1789 between:-
- Johnathan Gilbert of Tirley otherwise Trinley yeoman
- Samuel Webb of Tewkesbury cutler
- John Mann of Tewkesbury fishmonger
Whereas by Indenture Quadrupartite made 29th September 1759 and made between:-
- 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)
- 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)
- 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
- George Hawkins of Tewkesbury haberdasher of Hats
- Kenelm Bubb of Tewkesbury cotton merchant (since deceased)
- Said William Woodward and Susanna his wife
- 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)
- John Hawling and John Humphreys then also of Tewkesbury gents since also deceased
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 gent
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 foreverAnd 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
And Whereas by several mesne? and subsequent assignments and particularly an Indenture of Assignment dated 2nd December 1773 made between:
- Benjamin Lane of Elsfield otherwise Eldersfield yeoman
- Samuel Webb
- Johnathan Gilbert
Proviso for redemption of repayment by Samuel Webb of £100 with interest of 4½%
A Fine Sur Consans de Droit Come Ceo of all and singular the before recited Messuage or Tenement Hereditaments and Premises and declare the uses of such fine should ensure as to the Messuage or Tenement Hereditaments and Premises to the use and Behoof of Eleanor Barnes (the Mortgagee of the Premises) her executors for the remainder of years to come until expiration or determination
And Whereas there is now due and owing to Johnathan Gilbert the sum of £100 – all interest having been paid and Johnathan Gilbert having occasion for £100, Samuel Webb has prevailed with John Mann for £105 to pay off said Johnathan Gilbert
Now this Indenture Witnesseth that for £100 paid to Johnathan Gilbert at request of Samuel Webb by said John Mann (receipt acknowledged) – Johnathan Gilbert sets over and assigns to John Mann to hold to said John Mann with proviso of redemption of repayment of £105 with 4½%
Annexed to this Indenture is –
An Indenture of Four Parts made in 38th year of reign of George III dated 27th January 1798 between:-
- Edward Morris of the City of Gloucester leather dresser and Sarah his wife and Thomas Waldron of Tewkesbury staymaker (executors named in last Will and Testament of John Mann late of Tewkesbury fisherman deceased)
- Mary Webb of Tewkesbury spinster
- Thomas Whithorn of Tewkesbury hairdresser
- Samuel Trueman of Tewkesbury gentleman
Whereas since the date and execution of Indenture to which these presents are annexed being an Indenture in Three parts dated 22nd June 1789 between:
- Johnathan Gilbert
- Samuel Webb
- John Mann
The said Samuel Webb departed intestate whereby the equity of redemption in fee simple and inheritance of the said Messuage or Tenement descended to the said Mary Webb as his only child and heiress at law
And Whereas John Mann hath also lately departed having made his last Will and Testament dated 30th January 1792 and appointed Edward Morris and Sarah his wife and Thomas Waldron joint executors who proved same in Court of Canterbury
And Whereas there is now due and owing to Edward Morris and Sarah his wife and Thomas Waldron on security of the premises £105 (all interest having been paid) and said Thomas Whithorn has contracted with said Mary Webb for absolute purchase of Messuage or Tenement for £135
And it was agreed that said Edward Morris and Sarah his wife and Thomas Waldron to be paid out of the purchase money and said premises shall be assigned to Samuel Trueman for the residue of the years to come in trust for the said Thomas Whithorn and his heirs to attend the inheritance which are granted and released and conveyed unto said Thomas Whithorn and John Smith of Tewkesbury gentleman (his Trustee) their heirs and assigns in and by a certain Indenture of Lease and Release already prepared and intended to be dated 26th and 27th January the release being in Three Parts between- Mary Webb
- Edward Morris and Sarah his wife and Thomas Waldron
- Thomas Whithorn and John Smith
Now this Indenture Witnesseth that for £105 paid to said Edward Morris and Sarah his wife and Thomas Waldron as part of the consideration money for the purchase of the premises by said Thomas Whithorn by direction of Mary Webb (receipt acknowledged) and also in consideration of 10 shillings paid to Edward Morris and Sarah his wife and Thomas Waldron by Samuel Trueman – they the said Edward Morris and Sarah his wife and Thomas Waldron (by consent of Mary Webb and nomination by Thomas Whithorn) hath and each of them hath bargained and sold, assigned and set over all and singular the Messuage or Tenement and Premises assigned to the said John Mann his executors and assigns in and by said Indenture of Assignment whereunto these presents are annexed
To have and to hold said Messuage or Tenement for remainder of 500 years to come – In trust nevertheless for said Thomas Whithorn his heirs and assigns to wait upon the inheritance
Signed and Sealed by
Edward Morris; Sarah Morris; Thomas Waldron; Mary Webb; Thomas Whithorn and Samuel Trueman
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