by Wendy Snarey

1853 Transfer of Mortgage James Walker and his Mortgagees to Mr Charles Edward White

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This Indenture made 28th day of April 1853 between:-

  1. Thomas George Vernon of Tewkesbury in the County of Gloucester wine merchant and William Lloyd Chandler of the same place gentleman
  2. James Walker of Tewkesbury aforesaid innkeeper
  3. Charles Edward White also of Tewkesbury aforesaid accountant

Whereas by an Indenture dated 29th December 1847 and made between:-

  1. Said James Walker
  2. William Hawkley gentleman (since deceased)
For the valuable consideration therein mentioned the Messuage Tenement or Dwelling House and Hereditaments hereinafter particularly described and hereby assured were conveyed and assured unto and to the use of the said William Hawkley his heirs and assigns forever subject to a proviso for redemption of the same hereditaments on payment by the said James Walker to the said William Hawkley his executors, administrators or assigns of the sum of £400 with interest thereon at the rate and on the day therein mentioned

And Whereas the said William Hawkley duly made his last Will and Testament in writing dated 15th day of August 1848 and a Codicil thereto dated 4th day September 1848 by which said Will and Codicil the testator devised to the said Thomas George Vernon, Henry Insall (since deceased) and William Lloyd Chandler their heirs and assigns – All Estates vested in the Testator as Trustee or Mortgagee – To hold upon the Trusts and subject to the Equities affecting the same and appointed them Executors of his said Will

And Whereas the said William Hawkley departed this life on or about the 28th day of June 1849 without having revoked or altered his said Will and Codicil and the same were duly proved by the said Thomas George Vernon, Henry Insall and William Lloyd Chandler in the Consistory Court of Gloucester on the 9th day of July following

And Whereas the said Henry Insall departed this life in the month of April 1852

And Whereas the said Principal sum of £400 still remains due and owing upon the said in part recited security but all interest hath been paid thereon to the day of the date hereof as the said Thomas George Vernon and William Lloyd Chandler do hereby admit

And Whereas the said Thomas George Vernon and William Lloyd Chandler having required payment of the said sum of £400 the said Charles Edward White, at the request of the said James Walker agreed to advance and pay off the same upon having the repayment thereof with interest secured to him in manner hereinafter contained

Now this Indenture Witnesseth that in consideration of the sum of £400 sterling to the said Thomas George  Vernon and William Lloyd Chandler immediately before the execution of these presents paid by the said Charles Edward White (at the request and by the direction of the said James Walker testified by his execution hereof) the receipt whereof the said Thomas George Vernon and William Lloyd Chandler do hereby respectively acknowledge and admit the same to be in full of all monies due and owing to them as surviving Executors of the said William Hawkley deceased upon the said recited security.

And in consideration of the sum of ten shillings to the said James Walker at the same time paid by the said Charles Edward White the receipt whereof is hereby acknowledged. They the said Thomas George Vernon and William Lloyd Chandler according to their several and respective estates and interests in the premises and at the request and by the direction of the said James Walker testified as aforesaid  - Do and each of them doth by these presents grant release and convey
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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 “WHEATSHEAF” and the yard lying behind the same formerly in the occupation of William Hatch but now of the said James Walker together with all and every the Rights Easements Advantages, Members and Appurtenances whatsoever to the said Messuage Tenement or Dwelling House Hereditaments and Premises or any part thereof belonging or  appertaining or therewith used or enjoyed. 

Remainder and Remainders Rents issues and profits thereof. And all estate right and title trust interest property benefit claim and demand whatsoever of them the said James Walker, Thomas George Vernon and William Lloyd Chandler any or either of them of in to or out of the same.

To Have and to hold the said Messuage Tenement or Dwelling House Hereditaments and Premises hereinbefore described or referred to and hereby assured or intended so to be with the rights members and appurtenances thereof unto and to the only proper use and behoof of the said Charles Edward White his heirs or assigns forever freed and wholly discharged from the Proviso or condition for redemption and Re Conveyance of the said premises contained in the hereinbefore in part recited Indenture - but subject to the Proviso or Condition for the like purpose next hereinafter contained (that is to say) –

Provided always that if the said James Walker his heirs executors administrators or assigns shall on the 28th day of April 1860 pay to the said Charles Edward White his executors administrators or assigns the sum of £400 of lawful British Money with interest for the sum in the mean time after the rate of £5 per cent per annum by even and equal half yearly payments (that is to say) On the 28th day of October and the 28th day of April in every year up to and until the said 28th day of April 1860 without any deduction or abatement whatsoever. Then the said Charles Edward White his heirs executors administrators or assigns will upon the request and at the costs of the said James Walker his heirs or assigns re-convey the said Hereditaments and Premises with their appurtenances unto and to the use of the said James Walker his Heirs and Assigns or as he or they shall direct or appoint.

And the said Thomas George Vernon and William Lloyd Chandler do hereby for themselves severally and respectively and for their several and respective Heirs Executors and Administrators covenant and declare with and to the said Charles Edward White his heirs and assigns that they the said Covenanting Parties respectively have not at any time heretofore made done executed or knowingly suffered any act deed matter or thing whatsoever whereby or by means whereof the said Hereditaments hereby conveyed are is or may be impeached charged or incumbered in Title Estate or otherwise howsoever.

And the said James Walker doth hereby for himself his heirs executors and administrators covenant with the said Charles Edward White his executors administrators and assigns that he the said James Walker his Heirs Executors Administrators or Assigns will pay unto the said Charles Edward white his executors administrators or assigns the sum of £400 at or upon the 28th day of April 1860 and interest for the same in the mean time after the rate of £5 per centum per annum by even and equal half yearly payments on the days mentioned in and according to the aforesaid Proviso for Redemption and Re-Conveyance without any deduction or abatement whatsoever

And that the said Hereditaments with their Appurtenances are by this present Conveyance effectually vested in the said Charles Edward White for an estate of inheritance in fee simple in possession free from Incumbrances.

And that the said James Walker and all other persons claiming or to claim any estate or interest in the said hereditaments or any part thereof at the expense of him the said James Walker his heirs executors or administrators will execute all and such further assurances of the said hereditaments as the said Charles Edward White his heirs or assigns or his or their Counsel may reasonably require the further and better to secure the payment of the said sum of £400 and interest according to the true intent and meaning of these presents.

Provided always that if the said James Walker his heirs executors administrators or assigns shall not on the said 28th day of April 1860 pay unto the said Charles Edward White his executors administrators or assigns the said sum of £400 and interest or if the interest on the said sum of £400 shall not be duly paid within six months next after any half yearly day whereon the same ought according to the aforesaid Proviso and Covenant to be paid (of which non-payment the production of these presents shall be conclusive evidence) it shall be lawful for the said Charles Edward White his executors administrators or assigns without any further concurrence of the said James Walker his heirs or assigns to make sale and absolutely dispose of the said hereditaments hereby granted with the appurtenances either together or in parcels and either by Public Auction or Private Contract to any person or persons for such sum or sums of money as can reasonably be obtained for the same with power to make any special conditions of sale as to the title or the evidence of Title to be furnished or otherwise and with power to buy in the Premises at any sale by Public Auction or to rescind any contract and to resell the premises without being answerable for any loss –

And it is hereby declared that the said Charles Edward White his executors administrators or assigns shall stand possessed of the monies to arise from such sale or sales after deducting thereout his or their expenses In Trust to retain or pay the said sum of £400 and all interest which shall be due for the same and to render and pay the surplus thereout (if any) unto the said James Walker his heirs executors administrators or assigns.

And it is hereby declared that the receipt and receipts of the said Charles Edward White his executors administrators or assigns for the money to arise by any such sale or sales as aforesaid shall effectually discharge the person or persons paying the same from seeing to the application thereof and from enquiring into the propriety or expediency of any such sale or whether such default as aforesaid had or had not been made

And the said James Walker for himself his heirs executors and administrators doth hereby covenant with the said Charles Edward White his heirs and assigns that he the said James Walker his executors administrators or assigns shall and will immediately after the execution hereof insure the said Messuage Tenement or Dwelling house and other Buildings from loss or damage by fire in the sum of £400 at the least and continue the same so insured for the benefit of the said Charles Edward White his executors administrators or assigns during the continuance of this security In Witness whereof the said parties to these presents have hereunto set their hands and seals

The day and year first above written

Signed:

Thomas George Vernon                 W. Lloyd Chandler               James Walker
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