Indenture of Lease by Way of a Mortgage between Thomas Blackey & John Ollier the Younger
Dated 1741
All names are in large script or bold for ease of reference.
This indenture made the Twenty Eighth Day of November in the year of our Lord One thousand Seven Hundred and Forty One. Between John Ollier the Younger of Marton and Parish of Whitegate in the County of Chester Yeoman of the one part and Thomas Blackey of Davenham in the said County Yeoman of the other part. Whereas Charles Cholmondeley of Vale Royal in the said County of Chester Esquire by his indenture of lease with livery and seizin duly executed bearing date The Thirteenth Day of November in the year of our Lord One thousand seven Hundred and Thirty. Did demise grant set and farm let unto the said John Ollier All that messuage and tenement with its appurtenances commonly called or known by the name of Ollier's Tenement situate lying and being in Marton afoesaid and then late in the posession of Martha Booth deceased her under tennant or under tennnants and all houses outhouses buildings barns stables yards orchards gardens lands meadows leasowes pastures feedings common of pastures and turbary ways waters priviledges and advantages whatsoever to the said messuage and tenement lying belonging or in anywise appertaining together with liberty to dig and get marle clay and sand in any convienient part of the said premises to be spent and bestowed upon the said premises and not elsewhere and also to have and take necessary cropwood and underwood (such as grow on the said premises) but not to destroy hedges to be used and consumed in and upon the said premises and not elsewhere (Except as therein is excepted) To Hold unto the said John Ollier his heirs and assigns from thence forth for and during the natural lives of John Ollier the Elder farther of the said John Ollier party to these presents Susannah wife of Joseph Wilcoxon of Marton aforesaid and Elizabeth daughter of Thomas Maddocks of Marton aforesaid Yeoman and for and during the natural life of the longest liver of them to all tenantly profits and commodities whatsoever (wilfull and permissive wast excepted) at and under the yearly rent of Sixteen Shillings and Four Pence of lawfull money of Great Britain payable on the Annunciation of the Blessed Virgin Mary and Saint Michael the Arch Angel yearly by equal portions and several other reservations boons duties herriots and services in the said in part recited indenture of lease particularly mentioned and reserved as in and by the same indenture of lease relation being thereunto had may more plainly appear. Now this indenture witnesseth that the said John Ollier party to these presents (for and in consideration of the sum of seventy pounds of lawfull British money to him in hand well and truly paid by the said Thomas Blackey at or before the sealing and delivery of these presents the receipt whereof he the said John Ollier party to these presents doth hereby acknowledge and thereof and of every part and parcel thereof doth aquitt release and discharge the said Thomas Blackey his heirs executors administrators and assigns and every of them for ever by these presents and for diverse other good causes and valuable considerations him the said John Ollier party to these presents hereunto moving) Hath bargain sold assigned transfered and set over and by these presents Doth bargain sell assign transfer and set over unto the said Thomas Blackey his executors administrators and assigns As Well the said in part recited indenture of lease As Also All and singular the said messuage and tenement lands and all other premises in and by the said recited indenture of lease demised whatforever of him the said John Ollier party to these presents of into or out of the said premises or any part or parcel thereof by force virtue or moans of the said recited indenture of lease or otherwise hereforever (except as in the said in part recited indenture of lease is excepted) To Have And To Hold the said messuage and tenement lands and all and singular other the premises and every part and parcel thereof with there and every of there appurtenances unto the said Thomas Blackey his executors administrators and assigns from the day of the date hereof for and during and unto the full end and term of ninety nine years from tomorrow next ensuing and fully to be complete and ended if the said lives in the said indenture of lease named or any of them do and shall so long live subject nevertheless to the loss to such rents covernants reservations services conditions and agreements as in and by the said recited indenture of lease are reserved mentioned and contained on the tenant or losses part and behalf to be paid done observed performed and kept And the said John Ollier the Younger for himself his his heirs executors and administrators doth covernant promise and agree to and with the said Thomas Blackey his executors administrators and assigns by these presents in manner following that is to say that the said recited indenture of lease is a good and valid lease in the law and that the said John Ollier the Younger now hath in himself full power good right true tythe and lawfull and absolute authority to bargain sell assign transfer and set over the said recited indenture of lease and all and singular the premises thereby demised unto the said Thomas Blackey his executors administrators and assigns in manner and form aforesaid and that the said John Ollier the Younger hath not commited done or suffered or caused or procured to be done commited or suffered any act or acts thing or things whatsoever wereby the said hereby assigned premises or any part thereofnow are or be or at anytime or times hereafter during the remainder of the said terms determinable as aforesaid shall and may be released surrendered impeached evicted charged or incumbered in tythe charge estate or otherwisehowforever (one annuity or clear yearly rent charge of Five Pounds payable to the said John Ollier the Elder during the term of his natural life and also one other annuity or clear yearly rent charge of five pounds issuing out of the said premises and payable to Elizabeth wife of the said John Ollier the Younger during her natural life only excepted and forprized) And that the said Thomas Blackey his executors administrators and assigns shall and may from and after breach of the proviso hereinafter mentioned peaceably and quietly have hold occupy possess and enjoy all and singular the said herein before assigned premises during the said term of ninety nine years determinable as aforesaid without any let or interruption of the said John Ollier the Younger his executors adminstrators or any other person or persons whatsoever claiming or to claim the same premises as freed and discharged of from and against all incumberences whatsoever had made comitted done or suffered by the said John Ollier the Younger or any persons claiming under him (except as aforesaid) Provided always and it is hereby declared and agreed by and between the said parties to these presents that if the said John Ollier the Younger his heirs executors administrators or assigns or any of them do and shall well and truly pay or cause to be paid unto the said Thomas Blackey his executors administrators or assigns the full and just sum of seventy pounds together with interest for the same after the rate of Four Pounds Ten Shillings for One Hundred Pounds for a year of lawfull British Money at one entire payment at or upon the Twenty Sixth day of May next ensuing the date of these presents without any deduction or abatement for any leys taxes or impositions whatsoever charged or to be charged upon the said premises any part thereof by virtue of any act of Parliament or otherwise then these presents and the term and estate hereby granted shall cease determine and become void to all intents and purposes anything hereinbefore contained to the contrary thereof in anywise notwithstanding. And the said John Ollier the Younger for himself his heirs and administrators doth covenant and grant to and with the said Thomas Blackey his execitors administrators and assigns by these presents that he the said John Ollier the Younger his executors administrators and assigns or some of them shall and will well & truly pay or cause to be paid unto the said Thomas Blackey his Executors administrators or assigns the said sum of seventy pounds together with interest for the same upon the said Twenty Sixth day of May herein before limited and appointed for payment thereof according to the true intent and meaning of the said proviso and of these presents and without any deducton or abatement for any leys taxes charges or impositions as aforesaid. And further that the said John Ollier the Younger his executors and administrators and all and every other person and persons lawfully claiming the said premises by from or under him shall and will after default in payment of the said sum of seventy pounds and interest as aforesaid at the reasonable request of the said Thomas Blackey his executors administrators or assigns and at the proper costs and charges of the said John Ollier the Younger his executors administrators or assigns do make and execute and cause and promise to be made done and executed all and every such further and other reasonable acts and assurances whatsoever for the further and better conveying and assuring all and singular the said hereby assigned premises and every part thereof unto the said Thomas Blackey his executors administrators or assigns for and during the then residue and remainder of the said term of Nintey Nine years determinable as aforesaid as by the said Thomas Blackey his executors administrators or assigns or his or their council learned in the law shall be reasonably devised advised or required. And Lastly it is hereby mutually covenanted by and between the said parties to these presents that incase any of the lives on which the said term of Nintey Nine years herein before granted is determinable shall happen to die and the said John Ollier party to these presents his heirs executors or administrators do and shall on request to be made to him or them by the said Thomas Blackey his executors administrators or assigns neglect or refuse to renew the said lease by adding one or more life or lives in the room of such person or persons so dying in the name of in trust for or to the use and benefit and as and for a better security to him the said Thomas Blackey his executors administrators and assigns for the said sum of Seventy Pounds and all interest to grow due thereon that then and in such case it shall and maybe lawfull to and for the said Thomas Blackey his executors administrators and assigns at any time or times after such neglect and refusal made as aforesaid to surrender and deliver up the said recited indenture of lease into his hand or hands of the Lord or Lords of the fee or fees of the premises hereby granted and to accept and take a now lease or leases thereof in his or their own name or names for life or lives or for the term of Nintey Nine years or any or greater term or number of years determinable on the death of such person or persons who's life or lives shall be so put into the said now lease or leases and to pay the consideration money for such renewall or addition as aforesaid which now lease or leases so to be made shall not be redeemed or redeemable by the said John Ollier the Younger his heirs executors administrators or assigns until he or they shall have fully paid and satisfied the said Thomas Blackey his executors administrators or assigns as well the said sum of Seventy Pounds hereby advanced and lent with the interest thereof as also all such sum and sums of money as shall be paid by the said Thomas Blackey his executors administrators and assigns for the fine or consideration for such renewall or additional life or lives as aforesaid and all costs and charges thereabout with interest for the same after the rate aforesaid any thing herein before contained to the contrary thereof in anywise notwithstanding. In Witness whereof the said parties to these presents have hereunto set and put their hands and seals this day and year first above written
John [Seal]Ollyer [Signed]
End.
The reverse side of the document reads thus:
Assignment of a lease by way of Mortgage
From John Ollier to Thomas Blackey
Memorandum the consideration money of the within written deed was inserted One Hundred Pounds by mistake which word was erased and the word (Seventy) wrote on the erasure and then this indenture was sealed and delivered by the within named John Ollier the Younger in the presence of
Jonathan Brayne [Signed]
Stephen Ford [Signed]
Received on the date within written indenture of and from the written named Thomas Blackey the sum of Seventy Pounds being in full of the consideration within mentioned [..?.. cannot read ..?..] by me John Ollyer [Signed]
Witness
Jonathan Brayne [Signed]
Stephen Ford [Signed]
End.
Note: Thomas Blackey married Alice Ollyer (Nee Deane) who was the late wife of Joseph Ollyer who died in 1725 this reinforces the almost certain connection that John (d 1681) and Michael Ollier (d 1681) were brothers.
The Ancestors of Charles Ollier - Author & Publisher of London
The Family of Charles Ollier - Author & Publisher of London
The Ancestors of Richard Ollyer (Ollier) - Brewer of Holborn London