(39) Conveyance of Messuage or Dwelling House in High Street – Mary Holland Joseph Hawkes and others to Mr James Bennett – 12th October 1836

No Caption

Click Image to Expand

Cover: Conveyance of Messuage or Dwelling House in High Street – Mrs Mary Holland, Mr Joseph Hawkes and others to Mr James Bennett 

AND Mr Samuel Fryzer and Mr Thomas Player to Trustees for said James Bennett – Assignment of two several terms of 1000 years and 2000 years to attend the inheritance – 12th October 1836

Document:

This Indenture dated 12th October 1836 and made between:

1. Mary Holland formerly of Tewkesbury but now of Broadway in County of Worcester widow
2. Thomas Bowers of Tewkesbury grocer
3. Joseph Hawkes formerly of Tewkesbury but now of Broadway in County of Worcester victualler
4. James Bennett of Tewkesbury bookseller
5. John Moore of same place auctioneer
6. Samuel Fryzer of Tewkesbury gentleman
7. Thomas Player of same place gentleman
8. Anthony Sproule also of Tewkesbury gentleman
9. William Moore likewise of Tewkesbury wine merchant

No Caption

Click Image to Expand

Whereas by Indenture of Lease and Release dated 21st / 22nd December made between:

1. John Ancill of Tewkesbury gentleman 
2. William Moore of Tewkesbury wine merchant; John Sweet of Tewkesbury tailor; William Eagles of Tewkesbury innkeeper and Sarah his wife
3. John Pritchard of Tewkesbury hosier
4. Joseph Hawkes then of Tewkesbury victualler
5. Thomas Bowers of Tewkesbury grocer
6. Thomas Player of Tewkesbury gentleman
7. Samuel Fryzer of Tewkesbury gentleman

The Messuage or Tenement hereinafter described were only conveyed to said Joseph Hawkes and his heirs to use of said Joseph Hawkes during his life and after determination of that estate in his lifetime

To use of Thomas Bowers during life of Joseph Hawkes IN TRUST for said Joseph Hawkes and his heirs forever

And Whereas by Indenture dated 4th July 1833 made between

1. Said Joseph Hawkes
2. Said Mary Holland

for £300 paid to said Joseph Hawkes by said Mary Holland (receipt acknowledged) he the said Joseph Hawkes granted and assured to Mary Holland for 1000 years subject to the redemption of repayment of the £300 with interest

And Whereas said sum of £300 only is now owing to said Mary Holland

And Whereas James Bennett hath agreed with Joseph Hawkes for purchase of said Messuage or Tenement or Dwelling House hereinafter particularly described discharged of the mortgage debt – for the sum of £250 and it hath been agreed said purchase money shall be paid unto said Mary Holland in part discharge of the mortgage debt of £300 in consideration whereof said Mary Holland hath consented to surrender the residue of the term of 1000 years created by the hereinbefore recited Indenture of Mortgage that the same may merge in the freehold reversion and inheritance in order that same may be discharged from said debt of £300 and interest

Now his Indenture Witnesseth that in consideration of £250 paid to said Mary Holland by said James Bennett at request and direction of said Joseph Hawkes whereof said Mary Holland doth acknowledge and doth release and discharge the said Messuage Tenement or Dwelling House not only from last mentioned sum of £250 but also from the said Mortgage Debt of £300 and interest

And in consideration of 10 shillings paid to Thomas Bowers and Joseph Hawkes by said James Bennett (receipts acknowledged) said Thomas Bowers by direction of said Joseph Hawkes and said Joseph Hawkes hath released and confirmed and said Mary Holland at request of said Joseph Hawkes hath surrendered released and quitclaimed unto said James Bennett in him now vested

All that Messuage or Tenement or Dwelling House situate in Tewkesbury in a street there called the High street otherwise Oldbury Street heretofore in the successive occupations of William Gardner, Richard Heath, said  John Pritchard but now of Carew Noxon cordwainer having

Messuage or Tenement in occupation of Mary Bassett widow on one side

Messuage or Tenement now in occupation of William Townsend but late of Jeremiah Heath on the other side 

Together with all the Outhouses Buildings etc etc with the Reversion and Reversions and Remainder and Remainders and Rents Issues and profits estate right and title 

To have and to hold said Messuage Tenement or Dwelling House unto said James Bennett and his heirs to the uses and trust hereinafter expressed

To use of James Bennett by any deed executed by him at any time shall direct limit or PPOIMNT

To use of James Bennett and his assigns during his life and immediately on determination of that estate in his lifetime

To use of said John Moore his executors and assigns during the life of James Bennett UPON TRUST for said James Bennett and his assigns

To use of said James Bennett his heirs and assigns forever

And each of them the said Thomas Bowers and Mary Holland as to their respective estates and interest severally covenant and declare and agree with the said James Bennett that they the said Thomas Bowers and Mary Holland have not encumbered the premises

Said Joseph Hawkes covenants he has done nothing to encumber

He has good right and title and authority to release and convey the premises discharged from debt of £300 and interest

Thomas Bowers, Mary Holland and Joseph Hawkes agree to execute any reasonable deed and assurance to more effectually and satisfactorily assure the hereditaments and premises unto said James Bennett

And Whereas by an Indenture dated 25th December 1727 made between

1. Sarah Jones widow
2. Samuel Hayward B.A.

The said Messuage Tenement or Dwelling House were demised to said Samuel Hayward for 1000 years 

And Whereas by another Indenture dated 1st January 1820 made between

1. Said John Pritchard 
2. Said John Ancill
3. John Conning gentleman and Kitty his wife
4. Bartholomew Sweet innkeeper

The same hereditaments were demised unto said John Ancill for a term of 2000 years subject to redemption 

And Whereas by virtue of divers mesne assignments and acts in the law and ultimately by virtue of the first hereinbefore in part recited Indenture of Release and Assignment 22nd December 1831 the said last mentioned 1000 years became vested in Samuel Fryzer and said term of 2000 years became vested in Thomas Player their executors administrators for the residue of the then unexpired years of the said terms respectively IN TRUST for the said Joseph Hawkes his heirs and assigns to be respectively assigned from time to time as he or they should direct or APPOINT

And Whereas said James Bennett is desirous that the said terms of 1000 years and 2000 years may be assigned unto said Anthony Sproule and William Moore upon Trusts hereinafter declared

Now this Indenture Witnesseth that in consideration of the premises and of 5s-0d paid to said Samuel Fryzer by Anthony Sproule (receipt acknowledged) said Samuel Fryzer by direction of Joseph Hawkes and on the nomination of said James Bennett hath set over and transferred unto Anthony Sproule 

All that the said Messuage Tenement or Dwelling House demised by the Indenture 25th December 1727 the unexpired term of years 

To have and to hold unto Anthony Sproule the residue unexpired of said last mentioned term of 1000 years And this Indenture lastly Witnesseth that in consideration of 5s-0d paid to said Thomas Player by said William Moore (receipt acknowledged) – Thomas Player hath transferred and set over to said William Moore 

All that Messuage Tenement or Dwelling house comprised in the Indenture 1st January 1820

To hold said Messuage Tenement or Dwelling House and the residue unexpired of the term of 2000 years

And it is hereby declared and agreed that said Anthony Sproule and William Moore respectively and their respective heirs and assigns shall stand possessed of the unexpired residues of the said terms of 1000 years and 2000 years UPON TRUST for said James Bennett his heirs and assigns IN TRUST to attend and wait upon the inheritance

And said Samuel Fryzer and Thomas Player covenant with Anthony Sproule that they had done nothing to encumber

Signed: Mary Holland; Thomas Bowers; Joseph Hawkes; Samuel Fryzer; Thomas Player; James Bennett

LEASE DATED 11th October 1836 INSIDE