by Wendy Snarey

1847 - Deed of Covenant for production of Title Deeds, Holland & Weaver to Walker

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This Indenture made 20th day of December in the year of our Lord 1847 between:-
  1. Thomas Holland of Upton upon Severn in the County of Worcester gentleman and Thomas Weaver of Tewkesbury in the County of Gloucester auctioneer
  2. James Walker of Tewkesbury aforesaid innkeeper

Whereas by an Indenture of Statutory Release of even date herewith and made between:-

  1. George Edmunds Williams gentleman
  2. Ann Holland widow and Mary Moore spinster
  3. William Lloyd Chandler gentleman
  4. The said James Walker
  5. The said William Lloyd Chandler
For the valuable consideration therein mentioned –  All that Messuage, Tenement or Dwelling house situate and being in a certain street called the High Street otherwise the Oldbury Street in Tewkesbury aforesaid used as an Inn and called or known by the name or sign of the Wheat Sheaf and the yard lying behind the same and now in the occupation of William Hatch as tenant thereof with the appurtenances to the same belonging are and stand conveyed unto and to the use of and in trust for the said James Walker his heirs and assigns forever
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And whereas the Deeds and Writings mentioned in the Schedule hereunder written relate as well to the said Dwellinghouse and Premises called the Wheat Sheaf Inn hereinbefore described as also to other hereditaments of greater value the property of the said Thomas Holland and Thomas Weaver. 

And Whereas at the time of the contract for the sale of the said Wheat Sheaf Inn and premises it was arranged and agreed that the said Deeds and Writings mentioned in the Schedule hereunder written should be retained in the custody of the said Thomas Holland and Thomas Weaver upon their entering into the Covenants on their parts hereinafter contained for the production thereof to the said James Walker his heirs appointees and assigns. 

Now this Indenture Witnesseth that in pursuance of the hereinbefore recited arrangement and agreement and in consideration of the premises they the said Thomas Holland and Thomas Weaver do hereby for themselves and each of them doth for himself and his respective heirs executors and administrators covenant promise and agree with and to the said James Walker his heirs appointees and assigns that the said Thomas Holland and Thomas Weaver their respective heirs executors administrators or assigns shall and will from time to time and at all times hereafter unless prevented by fire or other inevitable accident upon every reasonable request and at the costs and charges of the said James Walker his heirs appointees and assigns produce and shew forth or cause and procure to be produced  and shewn forth to him them or any of them or to such person or persons as he they or any of them shall desire or require or at any trial or hearing in any Court of Law or Equity or other Judicature or on the execution of any commission or elsewhere and otherwise as occasion shall require - All and every or any of the several Deeds and Writings which are mentioned or specified in the said Schedule hereunder written for the manifestation defence and support of the estate title and possession of the said James Walker his heirs appointees and assigns of in and to the said Dwellinghouse and Premises called the Wheat Sheaf Inn hereinbefore described and so conveyed to the said James Walker his heirs and assigns in manner aforesaid. 

And also shall and will from time to time and at all times hereafter unless prevented as aforesaid upon every reasonable request and at the costs and charges of the said James Walker his heirs appointees or assigns make and deliver or cause to be made and delivered to him or them or to such person or persons as he or they shall direct or require full true and attested copies of or extracts or abstracts from the said several Deeds and Writings or any of them and permit and suffer the same copies extracts or abstracts to be examined and compared with the said several Deeds and Writings respectively by the said James Walker his heirs appointees or assigns or such person or persons as he or they or his or their Attorney Solicitor or Agent shall and will in the mean time unless prevented as aforesaid keep and preserve the same Deeds and Writings in the custody of them the said Thomas Holland and Thomas Weaver safe undefaced unobliterated and uncancelled.

In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

The Schedule above referred to:-

17th September 1815 – Probate copy of the Will of William Moore of Tewkesbury in the county of Gloucester wine merchant of this date

20th June 1828 – Deed Poll under the hands and seals of Ann Holland widow Ann Adams widow and Rebecca Moore and Frances Moore spinsters

13th March 1839 – Deed Poll under the hands and seals of Edmund Warden Jones gentleman, John Moore wine merchant and the said Ann Holland and Mary Moore spinsters

14th & 15th March 1839 – Indentures of Lease and Release between said John Moore of the one part and said Edmund Warden Jones of the other part

15th March 1839 – Deed Poll under the hand and seal of the said Edmund Warden Jones endorsed on the Indenture of Release lastly above mentioned

Indenture Signed by: Thomas Holland and Thomas Weaver

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