1760 – Attested Copy of Lease and Release – Samuel Welsh to Sarah Ashmead

Transcribed by Wendy Snarey, 2012

Indenture of Lease dated 14th July 1760 between:-

  1. Samuel Welsh otherwise Welch of Tewkesbury maltster – eldest son and heir of Henry Welsh maltster and Sarah his wife both late of Tewkesbury deceased and also Devisee by Last Will and Testament of the said Sarah who was Devisee of Last Will and Testament of said Henry Welsh. 
  2. Sarah Ashmead of The Moores Cheltenham spinster

Witness that for 5 shillings Samuel Welsh grants to Sarah Ashmead – ALL THAT MESSUAGE or Tenement with Malthouse and garden belonging situate in High Street in possession of John Clifton the younger since deceased – then of said Henry Welsh – between a messuage then or late of Richard Symonds on North side and a messuage then or late of Widow Clifton on South side AND ONE PARCEL of Meadow – 5 acres being in Mythe end of a meadow called The Long Laynes als Layes formerly in possession of Joseph Wells afterwards Henry Welsh and said Sarah his wife and now in the tenure or occupation of Joseph Fryzer as tenant to said Samuel Welsh -

Extending from part of said meadow called Long Laynes als Layes inclosed on North part unto a parcel of Meadow Ground late in tenure of Alice Hyett widow and afterwards of  Samuel Lewis on South and in breadth from the River Severn on West to common of pasture belonging to Mythe on East – part of which first mentioned parcel of meadow ground hath been for several years converted into a Brick Works or by whatever name hath been known

And also all the tythes of corn, grain, wool and lamb whatsoever of him the said Samuel Welsh -

which last mentioned meadow ground, tythes and premises the said Henry Welsh purchased in fee simple of William Chapman esq; Elizabeth Moore spinster; and Richard Dowdeswell esq. - to have said Messuage or Tenement , Malthouse, Garden and Meadow Ground and Tythes etc unto the said Sarah Ashmead , her heirs and assigns for One Whole Year 

Signed Sealed and Witnessed by Isaac Snook; John Toms junior

Indenture of Release dated 15th July between:-

  1. Samuel Welsh otherwise Welch of Tewkesbury maltster – eldest son and heir of Henry Welsh maltster and Sarah his wife both late of Tewkesbury deceased and also Devisee by Last Will and Testament of the said Sarah who was Devisee of Last Will and Testament of said Henry Welsh.
  2. Sarah Ashmead of The Moores Cheltenham spinster 

And Whereas by Indenture of 12th July between:-

  1. Sarah Ashmead
  2. Samuel welsh
  3. Edward Ransford of Gubshill

reciting Indenture dated 9th April 1746 made between:-

  1. Lawrence Cox of Tewkesbury yeoman (executor to last Will and Testament of his late father Lawrence Cox deceased)
  2. Said Henry Welsh and his wife Sarah
  3. Sarah Ashmead

It is recited that that by Indenture Tripartite dated 28th September 1741 made between:-

  1. Alexander Milburne then of Tewkesbury gent (since deceased)
  2. Henry Welch
  3. Lawrence Cox the father

and It is recited that by Indenture dated 18th May 1737 made between:-

  1. Henry Welch
  2. Alexander Milburne

Henry Welsh did grant to said Alexander Milburne - All That parcel of Meadow with appurtenances – 5 acres being in Mythe end of a meadow called The Long Laynes als Layes formerly in possession of Joseph Wells afterwards Henry Welsh – to hold to Alexander Milburne for 1000 years subject to proviso of paying to Alexander Milburne £209 at a time since past

And it is witnessed by Indenture dated 28th September 1741 that Alexander Milburne set over to Lawrence Cox the father his executors and assigns – the parcel of meadow ground to hold to Lawrence Cox the father for remainder of term subject to redemption of paying to Lawrence Cox the father £200 with interest at times since past 

And said Indenture dated 9th April 1746 further reciting that said Lawrence Cox made Will and appointed his son Lawrence Cox party to such indenture his executor

IT IS HEREBY WITNESSED that Lawrence Cox junior set over to Sarah Ashmead – the said parcel of meadow ground – to hold to Sarah Ashmead for residue of 1000 years

And by Indenture of 9th April 1746 IT IS ALSO WITNESSED that said Henry Welsh and Sarah his wife did grant ALL THAT MESSUAGE or Tenement and One Garden in High Street to hold to said Sarah Ashmead for 400 years – subject to redemption proviso of £200 with interest to be paid at times since past

And the now reciting Indenture of 12th July 1760 also reciting said Henry Welsh died and made Will leaving his property to wife who died leaving property to son Samuel and reciting that said Messuage to be conveyed and parcel of meadow formed part of devized property and that £200 remained due

And that Samuel Welsh required further £200 and that for better securing the money advanced (£400) it was agreed that the freehold and fee simple of the premises should be granted in mortgage to said Sarah Ashmead and her assigns and that the premises should be assigned by her to Edward Ransford for the remainder of the term in trust for Sarah Ashmead.

NOW THIS INDENTURE WITNESSETH that for £200 paid to Samuel Welsh by Sarah Ashmead with proviso for redemption of £400 with interest of 4% by 15th January next the Messuage etc granted to Sarah Ashmead. And that it is lawful and agreed by Sarah Ashmead and Samuel Welsh that Samuel Welsh can occupy the Messuage or Tenement ,Malthouse, garden and meadow and receive the rents until default made in payment of £400 with interest

Witnessed by Isaac Snook; John Toms junior

Signed and Sealed by Sarah Ashmead and Samuel Welsh

Along the side of the document it reads:-

These are true copies of the original indentures of Lease and Release examined by us

J. Humphreys

William Symonds

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