by Wendy Snarey

(33) Release to uses – Elizabeth Smith to Messrs Trueman and Care – 29th June 1793

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On Cover: Mrs? Elizabeth Smith to Messrs Trueman and Care – Release to Uses – 29th June 1793 [In pencil – Copy of the Will of Robert Smith is with Deeds relating to the 2 houses in High Street occupied by Baker & Thomas] 

Document

By Indenture in three parts dated 29th June 1793 made between

  1. Elizabeth Smith of Tewkesbury spinster
  2. Thomas Elliott of Tewkesbury stocking framework knitter
  3. Samuel Trueman of Tewkesbury gentleman and William Care of Tewkesbury baker

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Whereas a marriage by God’s permission is intended to be shortly had and solemnized by and between the said Elizabeth Smith and Thomas Elliott and upon the treaty for the same it was agreed that the hereditaments hereinafter mentioned should be settled, assured and conveyed in manner hereinafter expressed

Now this Indenture Witnesseth that for and in consideration of the intended marriage and in pursuance of the said recited agreement and to the intent the Messuage or Tenement and Hereditaments hereinafter particularly described may be settled assured and conveyed upon the several uses, trusts, intents and purposes hereinafter expressed limited and declared

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And also for and in consideration of the sum of 10 shillings to said Elizabeth Smith in hand paid by said Samuel Trueman and William Care (receipt acknowledged) she the said Elizabeth Smith – by and with the consent of Thomas Elliott hath granted bargained released and confirmed unto the said Samuel Trueman and William Care 

All that Messuage or Tenement situate lying and being in the High Street in Tewkesbury lately in occupation of William Morgan shopkeeper but now of James Kingsbury as tenant thereof having 

A Messuage or Tenement belonging to Thomas Woollams now void on the South side

And Also All that Other Messuage or Tenement situated and lying and being in an Alley called Herbers Alley in said High street in Tewkesbury lately in occupation of Thomas Hughes waterman but now of William Smith labourer as tenant thereof

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And Also all that other Messuage or Tenement situate and lying and being in the Church Street in Tewkesbury lately in the occupation of Robert Stephens cordwainer but now of Ann Chandler widow as tenant thereof and adjoining a lane there called St Mary’s Lane

And all outhouses edifices buildings courts yards backsides gardens ways waters watercourses paths passages lights easements commons common of pasture profits commodities emoluments advantages hereditaments and appurtenances whatsoever to the said Messuages or Tenements and Premises hereby granted and released or any part thereof usually occupied or enjoyed 

And the Reversion and Reversions – And the Remainder and Remainders yearly and other rents and issues

And all estate right and title of her the said Elizabeth Smith in, to and out of the said premises

And all Deeds and Writings and Evidences now in the custody of said Elizabeth Smith

To Hold said Messuages or Tenements and Premises unto the said Samuel Trueman and William Care and their heirs (Subject to the estates for life which William Vevers the younger of Tewkesbury stocking framework knitter and [blank] his wife have or entitled to by virtue of the Will of Robert Smith late of Tewkesbury deceased in the said Messuage or Tenement in Herbers Alley

And also subject to the estate for life of Giles Smith of Tewkesbury whitesmith and William Smith of Tewkesbury stocking framework knitter have or entitled to by virtue of the said Will in the said Messuage or Tenement in Church Street in the occupation of Ann Chandler)

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To for and upon the several uses trusts intents and purposes hereinafter expressed limited and contained of and concerning the same – (that is to say) –

To the use of Elizabeth Smith and her heirs until said intended marriage shall be had and solemnized

And from and after the solemnization to the use of said Thomas Elliott and his assigns during his natural life

And from and immediately after his decease in case the said Elizabeth Smith his intended wife shall survive him – To the use of her the said Elizabeth and her assigns for the term of her life

And from and after the several deceases of them the said Thomas Elliott and Elizabeth Smith and the decease of the longer liver of them

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To the use of all and every son or sons, daughter or daughters of the body of said Elizabeth by the said Thomas Elliott lawfully begotten to be equally divided as tenants in common

And in default of issue to the right heirs of her the said Elizabeth Smith

Covenant by Elizabeth Smith that she has good right and title to convey – subject to the aforesaid estates of William Vevers and his wife and Giles Smith and William Smith in part of the said premises)

Signed: Mark of Elizabeth Smith; Thomas Elliott; Samuel Trueman and William Care

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