Assignment of Indenture of Lease between John Ollyer the Younger of Marton and Others to
Thomas Slaughter Esq. of Aston Parkes. Dated 1745.
Also on this page: A bond between John Ollier the Younger & Thomas Slaughter (same date)
All names are in large script or bold for ease of reference.
This Indenture of Three parts made the Twenty First Day of August in the Ninteenth Year of the reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the faith and in the year of our Lord One Thousand Seven Hundred and Forty Five. Between Thomas Eaton of Hulme Hall in the Township of Allostock and County of Chester Yeoman and Joseph Carter of Shipbrooke in the said County Carpenter (Executors of the last will and testament of Thomas Blackey of Davenham in the said County Yeoman deceased) of the first part John Ollyer the Younger of Marton in the Parish of Whitegate and County of Chester Yeoman of the second part and Thomas Slaughter of Aston Parks in the Parish of Great Budworth and County of Chester Esq. of the third part. Whereas Charles Cholmondeley of Vale Royal in the County of Chester Esq. by the Indenture of lease with livery and seizin duly executed bearing the date the Thirteenth day of November in the year of our Lord One Thousand Seven Hindred and Thirty Did demise set farm and let unto the said John Ollyer the Younger All that messuage and tenement with it's appurtenances commonly called or known by the name of Olliers Tenement situate lying and being in Marton aforesaid then late in the possession of Martha Booth deceased her undertenant or undertenants and all houses outhouses buildings barns stables yards orchards lands meadows leasowes pastures feedings common of pasture and turbary 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 same 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 excepted) To hold unto the said John Ollyer his heirs and assigns from thenceforth for and during the natural lives of John Ollyer the Elder farther of the said John Ollyer (party to these presents) Susannah wife of Joseph Wilcoxon of Marton aforesaid and Elizabeth daughter of Thomas Maddock 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 lawful 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 part recited indenture of lease particularly mentioned and reserved. And whereas the said John Ollyer the Younger by his indenture of assignment duly executed bearing date on or about the Twenty Sixth day of November in the year of our Lord One thousand Seven Hundred and Forty One for the considerations therein mentioned Did 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 the premises in and by the said recited indenture of lease demised and every part and parcel thereof with their and every of their appurtenances and all the Estate Right Tythe Interest Term of years yet to come an unexpired Benefit Property Claim and Demand whatsoever of him the said John Ollier the Younger 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 howsoever (except as in the said part recited indenture of lease is excepted) To hold unto the said Thomas Blackey his executors administrators and assigns from the day of the date of the said indenture of assignment for and during and unto the full end and term of Ninety Nine years from thence next ensueing and fully to be complete and ended if the said lives in the said indenture of lease named or any of them should so long live subject nevertheless to such rents covenants reservations services conditions and agreements as in and by the said recited indenture of lease are reserved mentioned and contained on the tenant or lesees part to be paid done observed performed and kept And also subject to a proviso for redemption by the said John Ollier the Younger his heirs executors administrators and assigns on payment of the sum of Seventy Pounds and interest for the same to the said Thomas Blackey his executors administrators and assigns on the Twenty Sixth day of May then next ensueing as in and by the said in part recited indenture of lease and assignment relation being thereunto respectively had may more fully and at large appear. And whereas the said Seventy Pounds and interest was not paid to the said Thomas Blackey at the date and time in the said proviso appointed for payment thereof as aforesaid by means whereof the estate term and interest of him the said Thomas Blackey of and in the said mortgaged premises became absolute in the law[?] And whereas there now remains due to the said Thomas Eaton and Joseph Carter as executors of the said Thomas Blackey for principal money and interest upon the said mortgage the sum of Seventy Five Pounds Six Shillings and Five Pence and no more. And whereas the said Thomas Slaughter at the request of the said John Ollyer (party hereto) hath agreed to advance not only the said sum of Seventy Five Pounds Six Shillings and Five Pence to pay off and discharge the money so due to the executors of the said Thomas Blackey but also to send the said John Ollyer (party hereto) the further sum of Twenty Seven Pounds Thirteen Shillings and Seven Pence. Now the indenture witnesseth that the said Thomas Eaton and Joseph Carter for and consideration of the sum of Seventy Five Pounds Six Shillings and Five Pence of lawful British money to them or one of them in hand paid by the said Thomas Slaughter before the execution of these presents by the direction and appointment of the said John Ollyer (party hereto) testified by his being made a party to x x x x x and signing and sealing of these presents And also the said John Ollyer (party hereto) for and in consideration of the sum of Twenty Seven Pounds Thirteen Shillings and Seven Pence of like lawful money to him in hand likewise likewise paid by the said Thomas Slaughter before the execution hereof the receipt of which said several and respective sums of Seventy Two Pounds Six Shillings and Five Pence and Twenty Seven Pounds Thirteen Shillings and Seven Pence making together the sum of One Hundred Pounds they the said Thomas Eaton Joseph Carter and John Ollyer (party hereto) do hereby severally and respectively own and acknowledge and thereof and of every part and parcel thereof do and each and every of them doth hereby severally and respectively realease and discharge the said Thomas Slaughter his heirs executors and administrators and every of them for ever by these presents and for divors other good cuses and valuable considerations them thereunto moveing they the said Thomas Eaton and Joseph Carter at the request and by the direction and appointment of the said John Ollyer (party hereto) testified as aforesaid Have and each of them hath assigned transfered and set over and by these presents do and each of them both assign transfer and set over and the said John Ollyer (party hereto) for the considerations aforesaid hath granted bargained sold ratified and confirmed and by these presents doth grant bargain set ratify and confirm unto the said Thomas Slaughter his executors administrators and assigns All and singular the before mentioned messuage and tenement lands hereditaments and premises in the said part recited indenture of lease and assignment mentioned and comprised with their and every of their appurtenances and all Estate Right Tythe Use Possession Form Claim and Demand whatsoever in law and equity of them the said Thomas Eaton Joseph Carter and John Ollyer (party hereto) of in to or out of the said premises every or any part or parcel thereof either by virtue of the said indenture of lease and assignment thereof or otherwise howsoever together with the said indenture of lease and assignment. To have and to hold the said messuage and tenement lands hereditament and premises herein before assigned or meant mentioned or intended to be hereby assigned with their and every of their appurtenances unto the said Thomas Slaughter his executors administrators and assigns from the making hereof for and ensueing all the rest residue and remainder of the said term of Nintey Nine years yet to come and unexpired and fully to be complete and ended if any of the lives in the said indenture of lease named do or shall so long live subject to nevertheless to the rents covenants reservations and agreements in the said indenture of lease contained and also to the proviso or condition for redemption herein after mentioned (that is to say) Provided always and it is hereby agreed by and between Thomas Slaughter and John Ollyer (party hereto) for themselves their heirs executors and administrators that if the said John Ollyer (party hereunto) his heirs executors administators or assigns or any of them do and shall well and truly pay or cause to be paid unto the said Thomas Slaughter his executors administrators or assigns or any of them the just sum of One Hundred Pounds together with lawfull interest for the same lawfull British money upon the Twenty First day of February x x x next ensueing the date of these presents without any deduction defalcation or abatement for or in respect of any Parliamentary or other Taxes Changes Payments or assessments whatsoever which now or at any time hereafter shall or may be charged or imposed upon the said messuage and tenement lands and premises hereby assigned or intended so to be or any part and parcel thereof or upon the said principal sum of One Hundred Pounds or the interest thereof or any part thereof or upon the said Thomas Slaughter his executors administrators or assigns for or in respect of the same that then and in such case he the said Thomas Slaughter his executors administators or assigns shall and will thereupon at and upon reasonable request and proper costs and charges of the said John Ollyer (party hereto) his heirs or assigns transfer assign and set over to him or them or to such person or persons as they shall nominate and appoint all and singular the said premises hereby assigned or intended so to be for and during all the residue and remainder of the said term of Nintey Nine years determinable as aforesaid then to come unexpired, free from all incumberences whatsoever made or suffered by the said Thomas Slaughter his executors administrators or assigns so that he or they be not compelled to travel from his or their respective habitations for the making thereof And the said John Ollyer (party hereunto) for himself his heirs executors and administrators doth covenant promise and grant to and with the said Thomas Slaughter his executors administrators and assigns by these presents in manner and form following that is to say that the said John Ollyer (party hereunto) his heirs executors administrators or assigns or some of them shall and will well and truly pay or cause to be paid unto the said Thomas Slaughter his executors administrators or assigns or some of them the aforesaid sum One Hundred Pounds together with lawfull interest for the same of lawfull British money at the day and time in the last mentioned proviso appointed for payment theirof as aforesaid according to the true intent and meaning of these presents and of the said proviso And that if default shall happen to be made of or in the payment of the said sum of money or any part thereof at the time in the said proviso mentioned and intended for the payment thereof Then after such default made he the said Thomas Slaughter his executors administrators x x x x x x and assigns respectively shall and may enter into the aforesaid messuage and tenement lands hereditaments and premises hereby intended to be granted and assigned and the same and every part and parcel thereof lawfully peaceably and quietly have hold occupy and enjoy and receive and take rents issues and profits thereof to his and their own life and lives for an during all the then rest residue and remainder of the said term of Ninety Nine years then to come and unexpired if any of the lives in the said indenture of lease named do or shall so long live And that then and in such case the said John Ollyer (party hereunto) his heirs and assigns and all and every other person and persons any thing in the said messuage and tenement lands hereditaments and premises or any part thereof having or lawfully claiming or to claim shall and will at the proper costs and charges in the law of the said John Ollier party hereto levy do suffer and execute or cause to be levied done suffered or executed all and every such further and other reasonable act and acts thing and things assurances and conveyances in the law whatsoever for the confirmation and corroberation of these presents according to the true intent and meaning thereof as by the said Thomas Slaughter his executors administrators or assigns or his or their council learned in law shall be reasonably devised advised or required And the said Thomas Eaton and Joseph Carter do hereby for themselves their heirs executors and administrators severally and not jointly covenant promise and agree to and with the said Thomas Slaughter his executors administrators and assigns that they the said Thomas Eaton and Joseph Carter or the said deceased Thomas [...............missing................] hath any of them done committed or suffered or been privy or consenting to the doing committing or suffering of any act matter or thing whatsoever whereby or by means whereof the said messuage or tenement lands hereditaments and premises with the appurtenances herein before mentioned to be hereby assigned or any part or parcel [....................missing...................] charge estate or otherwise howsoever In witness whereof the said parties have hereunto set and put their hands and seals the day and year first above written
Thomas [Seal]Eaton [Signed] Joseph [Seal]Carter [Signed John [Seal]Ollyer [Signed] [Seal, no signature]
End.
NOTE: All four of the above seals have been squarely cut out and removed from the above document.
The reverse side of the above document reads thus:
Thomas Eaton and Joseph Carter (executors of Thomas Blackey) and John Ollyer to Thomas Slaughter Esq.
Assignment of late Thomas Blackey's Mortgage on John Ollyer's Tenement in Marton.
Dated 21st August 1745.
Sealed and delivered by the within named Thomas Eaton Joseph Carter and John Ollyer in the presence of
Johnath. Bayne [Signed]
John Holland [Signed]
21st August 1745 Received then by us the within named Thomas Eaton and Joseph Carter of and from the within named Thomas Slaughter the sum of Seventy Two Pounds Six Shillings and Five Pence being the consideration money within mentioned to be paid unto us by the within written deed witness our hands
Signed in the presence of
Thomas Eaton [Signed]
Joseph Carter [Signed]
21st August 1745 Received then by me the within named John Ollyer the Younger of and from the within named Thomas Slaughter the sum of Twenty Seven Pounds Thirteen Shillings and Seven Pence being the consideration money within mentioned to be paid unto and witness my hand
John Ollyer [Signed]
Signed in the presence of
Johnathan Bayne [Signed]
John Holland [Signed]
Note: Written on the right hand side of the last two entries is the following sum:
£72. 6s. 5d.
£27. 13s. 7d.
[Total] £100. 0s. 0d.
End.
A Bond Made Between John Ollyer the Younger & Thomas Slaughter. Dated 1745
Know all men by these presents that I John Ollyer the Younger of Marton in the Parish of Whitegate and County of Chester Yeoman am held and firmly bound unto Thomas Slaughter of Aston Parks in the Parish of Great Budworth and County of Chester aforesaid Esquire in Two Hundred Pounds of good and lawfull money of Great Britain to be paid to the said Thomas Slaughter or his certain Attorney his Executors Administrators or Assigns to which payment well and truly to be made I bind my self my heirs Executors and Administrators and every of them firmly by these presents sealed with my seal dated this Twenty First day of August in the Ninteenth year of the reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of The Faith and in the year of our Lord One Thousand Seven Hundred and Forty Five.
The condition of the above written Obligation is such that if the above bounden John Ollyer his heirs executors administrators or assigns or any of them do and shall well and truly pay or cause to be paid unto the above named Thomas Slaughter his heirs executors administrators or assigns or any of them the full sum of One Hundred Pounds together with Lawful interest for the same of lawful British money at one entire payment at or upon the Twenty First Day of February next ensueing the date of the above written Obligation being the same sum of money expessed as the consideration money in the deed hereafter mentioned and also if the said John Ollyer his heirs executors administrators and assigns and every of them do and shall from time to time and at all times hereafter well and truly observe perform fulfill accomplish pay and keep all and singular the covenants grants articles clauses provisoes payments conditions and agreements whatsoever which on the part and behalf of the said John Ollyer his heirs executors administators or assigns or any of them are or ought to be observed performed fulfilled accomplished paid and kept comprised and mentioned in a certain Indenture of Assignment of Three Parts by way of a mortgage bearing even date with these presents and made or mentioned to be made between Thomas Eaton of Hulme Hall in the township of Allostock and County of Chester Yeoman and Joseph Carter of Shipbrook in the said County Carpenter Executors of the last will and testament of Thomas Blackey late of Davenham in the said County Yeoman deceased of the first part , the above bounden John Ollyer of the second part and the above named Thomas Slaughter of the third part and that in all things according to the true intent and meaning of the said indenture Then the said Obligation to be void or else to remain in force.
John Ollyer [Seal & signature]
Sealed and delivered in the presence of
Johnathan Bayne [Signed]
John Holland [Signed]
End.
The reverse side of the above document reads thus:
Bound for £ 100 and interest and performance of covernants in a mortgage for the same sum from John Ollyer to Thomas Slaughter Esq.
Dated 21st August 1745.
End.
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