by Wendy Snarey

1855 Transfer of Mortgage, Charles Edward White to William Brydges

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This Indenture made 31st January 1855 between:-
  1. Charles Edward White late of Tewkesbury in the County of Gloucester but now of Cheltenham in the same County accountant
  2. James Walker of Tewkesbury aforesaid inn keeper
  3. William Brydges of the same place hosier

Whereas by Indenture dated 28th day of April 1853 and made between:-

  1. Thomas George Vernon and William Lloyd Chandler therein respectively described
  2. Said James Walker
  3. Said Charles Edward White
Reciting that by and Indenture dated 29th day December 1847 and made between:-
  1. Said James Walker
  2. William Hawkley gentleman (then since deceased)
for the valuable consideration therein mentioned the Messuage Tenement or Dwellinghouse and Hereditaments thereinafter particularly described and thereby assured were conveyed and assured unto and to the use of the said William Hawkley his heirs and assigns forever subject to the Proviso for redemption therein contained.

And Reciting that the said William Hawkley duly made his last Will and Testament in writing dated 15th August 1848 and a Codicil thereto dated the 4th day of September in the same year by which said Will and Codicil the Testator devised to the said Thomas George Vernon Henry Insall and William Lloyd Chandler their heirs and assigns, all Estates vested in 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 Reciting the death of the said William Hawkley on or about the 28th June 1849

without having revoked or altered his said Will and Codicil and that 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 Reciting the death of the said Henry Insall in the month of April 1852

And Reciting that the said Principal sum of £400 still remained due upon the said therein part recited security.

And Reciting that the said Thomas George Vernon and William Lloyd Chandler having required payment of the said sum of £400 the said Charles Edward White had 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 thereinafter contained.

It is witnessed that in consideration of the sum of £400 to the said Thomas George Vernon and William Lloyd Chandler paid by the said Charles Edward White (at the request and by the direction of the said James Walker testified by his execution thereof) and in consideration of the sum of ten shillings to the said James Walker paid by the said Charles Edward White – 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 did grant release and convey - And the said  James Walker did grant release convey and confirm unto the said Charles Edward White his heirs and assigns the Messuage Tenement or Dwellinghouse and Hereditaments therein and hereafter particularly described and intended to be hereby assured.

To hold the same with the appurtenances unto and to the use of the said Charles Edward White his heirs and assigns forever subject to a Proviso for redemption on payment by the said James Walker his heirs executors administrators or assigns to the said Charles Edward White his executors administrators or assigns of the sum of £400 with interest after the rate and at the times therein mentioned.

And Whereas the said principal sum of £400 still remains due and owing from the said James Walker to the said Charles Edward White upon the said hereinbefore recited Mortgage Security but all interest for the same has been duly paid up to the day of the date hereof as the said Charles Edward White doth hereby acknowledge

And Whereas the said Charles Edward White having required payment of the said sum £400 the said William Brydges hath at the request of the said James Walker agreed to advance the same on security of the said Mortgaged Premises.

Now this Indenture Witnesseth that in pursuance of the said agreement and in consideration of the sum of £400 sterling this day paid by the said William Brydges to the said Charles Edward White at the request and by the direction of the said James Walker (testified by his being party hereto and concurring herein) the receipt of which the said Charles Edward White doth hereby acknowledge and that the same is in full for all Principal Monies and Interest due to him in respect of his hereinbefore mentioned Mortgage Security and therefrom doth exonerate release and forever discharge the said William Brydges and James Walker and their respective heirs executors administrators and assigns

And also the said Hereditaments and Premises and in consideration of the sum of ten shillings at the same time paid by the said William Brydges to the said James Walker the receipt whereof is hereby acknowledged  - He the said Charles Edward White at the request and by the direction of the said James Walker (testified as aforesaid) doth by these presents grant release and convey and the said James Walker doth by these presents grant release and confirm unto the said William Brydges and his heirs

All that Messuage Tenement or Dwellinghouse 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 Dwellinghouse Hereditaments and Premises or any part thereof belonging or appertaining or therewith used or enjoyed.

And the Reversion and reversions and remainder and remainders rents issues and profits thereof.

And all estate right title trust interest property benefit claim and demand whatsoever both legal and equitable of them the said Charles Edward White and James Walker therein together with all Deeds Evidences and Writings relating to the Title of the said Hereditaments and Premises now in the custody possession or power of the said Charles Edward White and James Walker or either of them or which the said James Walker can procure without suit –

To have and to hold the said Messuage Tenement or Dwellinghouse Hereditaments and Premises hereinbefore described and hereby granted and released with their rights members and appurtenances unto the said William Brydges and his heirs.

To the use of the said William Brydges his Heirs and Assigns forever. Freed and absolutely discharged of and from the Proviso for redemption contained in the said hereinbefore recited Indenture - but subject to the Proviso for redemption and the Powers Provisos Declarations and Agreements hereinafter expressed and declared (that is to say)

Provided always that if the said James Walker his Heirs Executors Administrators or Assigns shall on the 31st day of January which will be in the year of our Lord 1862 pay to the said William Brydges his executors administrators or assigns the sum of £400 of lawful British Money and in the and in the meantime pay interest for the same after the rate of £5 per centum per annum  - such interest to be paid in equal portions half yearly on the 31st day of July and the 31st January in every year the first half yearly payment thereof to be made on the 31st day of July now next ensuing without making any deduction out of the same sum and interest respectively on account of any Taxes or otherwise except the Tax upon property or income then the said William Brydges his heirs or assigns will at the request and costs of the said James Walker his heirs executors administrators or assigns reconvey and reassure the said Hereditaments and Premises unto the said James Walker his heirs and assigns or as he or they shall direct or appoint free from incumbrances occasioned by the said William Brydges his heirs or assigns in the meantime

Provided always that if the said James Walker his heirs executors administrators or assigns shall not on the said 31st day of January 1862 pay unto the said William Brydges 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 two months next after any half yearly day whereon the same ought according to the aforesaid Proviso to be paid (of which non-payment the production of these presents shall be conclusive evidence) then and on either of such events happening it shall be

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