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Centre and bottom of page
Dated 19th day of August 1857
Mr Edwin Ellis to Mr Thomas Pratt
Mortgage of Land at Harvington in the
County of Worcester and Assessment of the benefit
of a Contract and Covenant and a Policy of Assurance
with Covenants relative thereto as a Security for £210
and interest and further advanced up to £500.
Dated 19th day of October 1858
Miss H. Tovey, Mr Thos Pratt
by the direction of said Edwin Collis
To
Miss Susan Ganderton
Conveyance of recently enfranchised hereditaments
at Harvington and Transfer of the above mentioned
Mortgage securities in order to secure the Sum of £500
the total amount authorised to be advanced by the within
Deeds & Interest.
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Received the day and year first within written of and from the within named
Thomas Pratt the Sum of Two hundred and ten pounds being the consideration money £210
within mentioned to be paid by him to me.
Edwin Collis [signed]
Witness
Courtenay Col. Prance [Courtenay Connell Prance] [signed]
Received the fifteenth day of January One thousand eight hundred and fifty
eight of and from the within named Thomas Pratt the Sum of
One hundred and forty pounds being a further advance made to me in £140
pursuance of a provision in that behalf contained in the within written
Indenture.
Edwin Collis [signed]
Witness
Geo. H Garrard [George Henry Garrard] [signed]
of Evesham Solicitor
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Signed sealed and delivered by the within named Edwin Collis
in the presence of
Courtenay Col. Prance [signed]
of Evesham. Solicitor
Signed sealed and delivered by the within names Thomas Pratt
in the presence of
Geo. H Garrard [signed]
of Evesham. Solicitor
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This Indenture made the nineteenth day of August in the year of our Lord One thousand eight hundred and fifty seven Between
Edwin Collis of Harvington in the County of Worcester Builder of the one part and Thomas Pratt of
Bengeworth in the same County Farmer of the other part Whereas the said Edwin Collis is seized for an Estate of
inheritance in fee simple in possession free from incumbrances of the pieces of land and hereditaments hereinafter firstly
and secondly described and intended to be hereby granted and by virtue of the ordinary limitation of use in bar of
dower he is also seized or possessed of the piece of land and hereditaments hereinafter thereby described and intended
to be hereby granted and appointed for an Estate commensurate with an estate of inheritance in fee simple in
possession with an absolute power of appointment over the same and free from incumbrances And whereas
by an Agreement in writing dated the thirtieth day of April One thousand eight hundred and fifty seven and
made between William Sergeant of Lenchwick in the County of Worcester as Agent for and on the behalf of Mary Tovey of Church Lench in the said County of Worcester Spinster (thereinafter called
the Vendor) of the one part and the said Edwin Collis (hereinafter called the purchaser) of the other part After reciting that the said Mary Tovey was intitled the Copyhold Messuage buildings
and hereditaments at Harvington aforesaid which Messuage and buildings had lately been burnt down and she had agreed with the Lord of the Manor of Harvington for the Enfranchisement of the
said hereditaments And that the said Edwin Collis had agreed to purchase the said hereditaments and to have the same conveyed to him when so enfranchised and he had entered upon possession thereof and in
order to enable him to begin building thereon it had been arranged that reciting Agreement should be executed The said William Sergeant as such Agent as aforesaid did agree to convey on and complete the said
Enfranchisement of the said hereditaments thereinafter described and to pay all fines fees and expenses attendant thereon and to sell and convey to the said Edwin Collis his heirs and assigns when so
Enfranchised All that site whereon a Messuage and buildings formerly stood and lately burnt down with the Orchard and Garden thereunto adjoining and belonging as the same was lately in the
occupation of George Hughes Butcher situate in the Village of Harvington in the County of Worcester and all the materials then lying thereon at the price of One hundred and thirty five pounds the purchase
to be completed and the purchase money paid on the twenty fourth day of June then next And if not then completed from any cause the said purchaser would pay interest to the Vendor thereon after the rate
of Five pounds per centrum per annum until completed And by the reciting Agreement it was also stipulated that the purchaser was to pay the costs of his Conveyance and the expense of reciting
Agreement was to be borne by him and the Vendor equally that in the event of the said Vendor not succeeding in completing the said Enfranchisement and not deducing a satisfactory title to the said hereditaments
Or if the said purchaser should call for any matters of Title or conveyance the Vendor should be unable or unwilling to meet or comply with it should be lawful for the Vendor or Purchaser (as the case
might be) by giving one months notice to the other party to determine and abandon reciting Agreement and thereupon the said hereditaments with all buildings erected in the meantime by the Purchaser
should be given up to the said Vendor who should pay to the said purchaser such sum as in the opinion and by the valuation of some respectable Builder to be nominated by the parties jointly or by two such
Builders one to be nominated by each party or their Umpire should declare in writing to be the value of all such buildings which might be so erected by the said Purchaser as aforesaid in the meantime And
that such sum as should be so declared should be accepted by the said purchaser in full discharge of all damages claims and demands he might in anywise claim or be intitled to at law or in equity for
breach or abandonment of reciting Agreement or otherwise in relation thereto And whereas in pursuance of the said Agreement the said Edwin Collis entered into possession of the premises thereby contracted for
and hath erected thereon two Messuages or Dwellinghouses with outoffices and appurtenances belonging thereto and the expense of such erection is estimated to be the sum of Four hundred pounds but the
Enfranchisement agreed to be effected by the said Vendor not having been completed no Conveyance hath yet been made to him of the premises so agreed to be purchased as aforesaid And whereas by an
Indenture of Lease dated the sixth day of March One thousand eight hundred and fifty one and made between Mary Sheaf of Dorsington in the County of Gloucester Spinster of the one part and the said Edwin
Collis of the other part and being a Demise by the said Mary Sheaf to the said Edwin Collis of Four Cottages or Tenements and certain pieces of land situate at Harvington aforesaid and therein particularly
described from the twenty ninth day of September then last for the term of Twenty one years at the yearly rent of Thirty two pounds and subject to the proviso for reentry and covenant on the point of
the Lease therein contained the said Mary Sheaf for herself her heirs and assigns covenanted with the said Edwin Collis his executors and administrators that the said Mary Sheaf her heirs or assigns
should and would at the end of the term thereby granted pay and allow unto the said Edwin Collis his executors or administrators for any additions which he or they might erect and build to the said
Cottages or Tenements thereby demised during the term thereby granted according to the valuation thereof by a person to be chosen for that purpose by the said Mary Sheaf her heirs or assigns and the
said Edwin Collis his executors or administration And whereas the said Edwin Collis hath made considerable additions to and alterations and improvements of the said Cottages or Tenements and buildings
demised to him by the said Indenture of Lease and such additions alterations and improvements are particularly specified in a Memorandum Certificate or Valuation thereof dated the fourteenth day of
September One thousand eight hundred and fifty two made by Soloman Hunt of Evesham in the said County of Worcester Builder and Surveyor who was appointed by the said Mary Sheaf and Edwin Collis
to value the same and by which said valuation the sum of Sixty eight pounds five shillings and nine pence is fixed and delivered as the sum to be paid by the said Mary Sheaf to the said Edwin
Collis for the additions alterations and improvements so made by him as aforesaid And whereas the said Edwin Collis hath effected an Insurance on his own life with Thames Life Assurance
Company and by a Policy of Assurance under the Common seal of the said Company and the hands of three of its Directors numbered 865 and dated the eighth day of June One thousand eight hundred
fifty seven the funds and other property of the said Company according to the Deed or Deeds of Settlement of the said Company are made subject and liable to pay to the executors administrators or assigns
of the said Assured or to the holder of that Policy who should be registered as therein mentioned within three calendar months after proof of the death of the said Assured should have been given to the
satisfaction of the Directors of the said Company the sum of Four hundred pounds together with such further sum or sums of money if any as should have assured thereto by way of bonus upon the due and
regular payment of the annual premium Ten pounds seventeen shillings and eight pence And whereas the said Edwin Collis having immediate occasion for the sum of Two hundred and ten
pounds the said Thomas Pratt hath agreed to lend him the same upon having the repayment thereof with interest secured in manner hereinafter mentioned And whereas the said Edwin
Collis may hereafter require the loan of further sums of money and it hath therefore been agreed that these presents shall be made a security for such further sums of money up to and not
exceeding with the said sum of Two hundred and ten pounds the sum of Five hundred pounds and interest as the said Thomas Pratt may hereafter advance to the said Edwin Collis but such
further advances are to be optional on the part of the said Thomas Pratt and the reciting Agreement is not to be construed so as to bind the said Thomas Pratt to make any such further advance as
aforesaid in case he shall be unwilling so to do Now this Indenture witnesseth that in pursuance of the recited Agreement in this behalf and in consideration of the sum of Two hundred
and ten pounds to the said Edwin Collis paid by the said Thomas Pratt at or immediately before the execution of these presents the receipt whereof he the said Edwin Collis doth hereby admit and
acknowledge and thereof and therefrom doth acquit release and discharge the said Thomas Pratt his heirs executors administrators and assigns for ever by these presents He the said Edwin Collis
Doth by these presents grant release and convey and as to the piece of land and hereditaments hereinafter therialy described by way of
further Assurance thereof and in pursuance of a power
for the purpose limited to him by the Deed of Conveyance thereof to him dated the thirteenth day of November One thousand eight hundred and forty eight and of every other power
enabling him he the said Edwin Collis Doth by this present Deed by him duly executed irrevocably appoint unto the said Thomas Pratt hid heirs and assigns Firstly All that piece or
parcel of Garden Ground being twenty eight yards long by twenty one yards wide situate on Taylors Hill in the Parish of Harvington in the County of Worcester and lately in the occupation of
Thomas Martin as Tenant thereof bounded on the North and West sides thereof by land of Mrs Bullock on the South by land of Joseph Cale Williams and on the East side thereof by the land
therialy hereinafter described Secondly All that piece or plot of Garden Ground lately bought and purchased by the said Edwin Collis of William Stephens and lately and for
many years past in the occupation of Thomas Hunting Tenant thereof situate in the Parish of Harvington aforesaid bounded on the South by and fronting to the Parish Road leading out
of the Evesham and Alcester Turnpike road to Atch Lench on the North by the land herein firstly and therialy described on the east by land of Mrs Paddock and on the West by land of the
Widow Taylor or whosesoever else the same is bounded Thirdly All that piece or parcel of Garden Ground situate on Taylors Hill in the Parish of Harvington aforesaid containing by estimation
one chain or thereabouts lately and for many years in the occupation of James Pestridge bounded on the North by land in the occupation of Widow Bullock on the South by the land
hereinbefore secondly on the east by the road or way hereinafter mentioned and on the West by land now or lately in the occupation of Mary Hawkes and the land hereinafter firstly described
And also the soil and ground of a certain road or way of the width of seven feet or thereabouts on the east side of the said piece of land lastly hereinbefore described.
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And full and free liberty to pass and repass in over and upon the whole of the said road or way from its first commencement and opening from the Parish Road aforesaid in as ample a manner
as the same hath been heretofore enjoyed by the Owners and Occupiers for the time being of the said last mentioned piece of land all which said three pieces of land are now in
occupation of the said Edwin Collis Together with all and singular edifices Buildings garden ways paths passages waters watercourses trees hedges ditches mounds fences rights members
and appurtenances whatsoever to the said pieces of land hereinbefore firstly secondly and thirdly described or any or either of them belonging or in anywise appertaining And all the estate right
title interest inheritance uses past possession property claim and demand whatsoever both at Law and in Equity of him the said Edwin Collis of in to out of or upon the said hereditaments and premises and every part
To have and To hold the said pieces of land and hereditaments hereinbefore firstly secondly and thirdly described and all and singular other the premises hereby granted and appointed or expressed and intended so
to be unto and To the use of the said Thomas Pratt his heirs and assigns for ever subject nevertheless to the Proviso for redemption hereinafter contained And this Indenture allso Winesseth
that in further pursuance of the recited agreement in this behalf and for the considerations aforesaid He the said Edwin Collis Doth by these presents bargain sell and assign unto the said Thomas Pratt his
executors administrators and assigns All that the full benefit and advantage of him the said Edwin Collis in or under the said Contract or Agreement of the thirtieth day of April one thousand eight hundred and
fifty seven hereinbefore recited and all his estate right benefit or interest whatsoever of or in the hereditaments and premises thereby contracted for and of and in the Messuages and buildings thereon erected by him as hereinbefore
is mentioned and all the rights claims and demands whatsoever against the said Mary Tovey or any other person or persons whomsoever for or in respect of the value of the same Buildings or otherwise under the said Agreement
or by virtue of the proceedings of the said Edwin Collis under the provisions thereof And also all the claims and demands rights benefits and interest whatsoever of him the said Edwin Collis against or upon the said
Mary Sheaf her heirs or assigns for or in respect of the additions alterations and improvements so as aforesaid made and effected by him the said Edwin Collis to and in the said Cottages or Tenements devised to him by
the said recited Indenture of Lease by virtue of the Covenant of the said Mary Sheaf in that behalf in the same Indenture contained as hereinbefore is mentioned And of and in the said sum of sixty eight pounds
five shillings and nine pence so as aforesaid fixed and determined as the sum to be paid to him the said Edwin Collis for the same additions alterations and improvements And of and in all other sums of
money (if any) which shall be or become payable from or by the said Mary Sheaf her heirs executors administrators or assigns under or by virtue of the said recited Covenant And also all that the said Policy of
Assurance of the Pheonix Life Assurance Company and the said sum of Four hundred pounds and all other the monies thereby assured or which shall become payable thereunder and the full benefit and advantage of
the same Policy And all the right title interest benefit property possibility claim and demand whatsoever both at Law and in Equity of him the said Edwin Collis of in to out of or upon or by virtue of the
said Contract or Agreement Covenant Policy monies and premises hereby assigned and every part thereof Together with full power and lawful and absolute authority which he the said Edwin Collis doth hereby
give and grant to and for the said Thomas Pratt his executors administrators and assigns in the name or names of and as the Attorney or Attornies for the said Edwin Collis his executors or administrators and at
his and their Costs and Charges in all things to ask demand sue for recover receive and give effectual receipts and discharges in writing for the monies which shall or may become payable to him the said Edwin
Collis his executors or administrators or to the said Thomas Pratt his executors administrators and assigns as the assign and assigns of the said Edwin Collis under or by virtue of the said Contract Covenant and
Policy of Assurance respectively or any part thereof respectively and to take commence and prosecute any such action suit or proceeding at Law or in Equity for enforcing the enfranchisement of the said Copyhold
and the specific performance of the said Contract or for recovering the monies expended in the said buildings under the provisions thereof or the monies expended in the said additions alterations and improvements to and
of the said tenements demised by the said Mary Sheaf as aforesaid as he the said Thomas Pratt his executors administrators or assigns in his or their uncontrolled discretion shall think fit and also to compromise
any such action suit or proceeding and give up alter or limiting of the said claims and demands upon such terms and in such manner and form as he or they shall think fit and generally to do and perform all
such acts deeds matters and things as may appear to him or them necessary or expedient for deriving the full benefit of the security and assignment intended to be hereby made and that as fully and effectually
as the said Edwin Collis his executors or administrators could or might have done and performed the same in case he or they had been personally present and acting therein To have and To hold and
receive and take the said Contract and Covenant or the full benefit thereof and the said Policy and Monies and all and singular other the premises hereby assigned or expressed and intended so to be unto the said
Thomas Pratt his executors administrators and assigns for his and their own absolute use and benefit subject nevertheless to the proviso for redemption hereinafter contained And the said Edwin Collis doth
hereby for himself his heirs executors and administrators covenant with the said Thomas Pratt his heirs executors administrators and assigns in manner following that is to say that when and so soon as the premises
contracted for with the said Mary Tovey as aforesaid shall have been enfranchised by her under the provisions in that behalf contained in the said Contract and if any money shall then remain due to the said
Thomas Pratt his executors administrators or assigns upon the security of these presents he the said Edwin Collis his heirs or assigns shall and will at his or their own costs and charges effect or cause and
procure to be made and executed to the said Thomas Pratt his heirs and assigns a good and effectual Conveyance and Assurance in the Law of the same hereditaments and of the fee simple and inheritance
thereof in possession free from all encumbrances such Conveyance and Assurance nevertheless to be by way of Mortgage only and the same hereditaments to be subject to such equity of redemption as shall for the time
being be existing in the said lands and other premises hereby granted and appointed and assigned effectively under and by virtue of the proviso for redemption hereinafter contained And it is
hereby expressly declared and agreed that the powers of sale and of giving receipts and discharges to purchasers and other the powers and authorities herein contained shall after such Conveyances and assurance be exercised
by the said Thomas Pratt his heirs executors administrators or assigns over or in respect of the hereditaments intended to be hereby conveyed and assured as fully and effectually to all intents and purposes whatsoever
as the same could or might have been exercised by him or them in case such last mentioned hereditaments and the fee simple and inheritance thereof had been comprised in the grant release and assurance
made by these presents and had actually passed thereby Provided always and it is hereby agreed and declared between and by the parties hereto that if the said Edwin Collis his heirs executors
administrators or assigns shall on the nineteenth day of February now next ensuing pay or cause to be paid to the said Thomas Pratt his executors administrators or assigns the sum of Two hundred
and ten pounds with interest for the same after the rate of five pounds per Centum per Annum without any deduction accept for property or income tax and shall also on demand pay or cause to be
paid to the said Thomas Pratt his executors administrators or assigns such further sum or sums of money not exceeding with the said sum of Two hundred and ten pounds the sum of Five hundred pounds
as he or they shall or may hereafter advanced to or for the benefit of the said Edwin Collis his heirs executors administrators or assigns together with interest for such further sum or sums after the rate aforesaid
from the time or respective times of advancing the same without any deduction except as aforesaid then and in such ease the said Thomas Pratt his heirs executors administrators or assigns shall and will at any time
thereafter upon the request and at the costs of the said Edwin Collis his heirs executors administrators or assigns reconvey and reassign to him and them respectively the lands Contract Covenant Policy monies
hereditaments and premises hereinbefore respectively granted appointed and assigned or which by virtue of the Conveyance and Assurance hereby covenanted to be made or procured shall for the time being be vested
in the said Thomas Pratt his heirs executed administrators or assigns according to the respective natures and qualities of the same premises and free from mesne incumbrances And the said Edwin Collis doth
hereby for himself his heirs executors and administrators covenant with the said Thomas Pratt his executors administrators and assigns that he the said Edwin Collis his heirs executors or administrators shall
and will pay or cause to be paid unto the said Thomas Pratt his executors administrators or assigns on the nineteenth day of February next the sum of Two hundred and ten pounds with interest for
the same after the rate of five pounds per Centum per Annum without any deduction accept for property or income tax And also shall and will pay or cause to be paid to him or them
on demand such further sum or sums of money not exceeding with the said sum of Two hundred and ten pounds the sum of Five hundred pounds as he or they shall or may hereafter
advance to the said Edwin Collis his heirs executors administrators or assigns with interest for the same after the rate aforesaid from the time or respective times of advancing the same without
any deduction except as aforesaid And also that he the said Edwin Collis his heirs executors administrators or assigns shall and will within twenty one days from the date
hereof insure and thenceforth during the continuance of this security Keep insured from damage by Fire in the Law Fire or some other respectable Fire Insurance Office to be
appointed by the said Thomas Pratt his executors administrators or assigns the said Messuages or Dwellinghouses and buildings so as aforesaid erected and built upon the premises so contracted for with
[The Retreat005h - obverse of sheet three (single sided) - page four:]
The said Mary Tovey as aforesaid in the Sum of Three hundred pounds at the least in the name of said Thomas Pratt his executors administrators and assigns and shall and will
duly and regularly pay the premium for keeping on foot the insurance and hand the receipts for the premiums thereon to the said Thomas Pratt executors administrators or
assigns And in case the said Edwin Collis his heirs executors or administrators shall neglect or refuse to make such Insurance or to pay the premiums for keeping the same on
foot or to hand the receipts for the same premiums to the said Thomas Pratt his executors administrators or assigns within ten days after the same shall respectively become due then and
then in either of such cases it shall be lawful for but not imperative on the said Thomas Pratt his executors administrators or assigns to effect such Insurance as aforesaid and to pay the premiums necessary for keeping
the same on foot as the case may require which premiums and the expenses in and about effecting such Insurance as aforesaid shall carry interest after the rate aforesaid from the respective times of payment
or expenditure and the lands hereditaments monies and premises comprised in and assured by these presents and to be assured by the Conveyance and Assurance hereinbefore covenanted to be made a procured
shall stand charged therewith and shall not be redeemed or redeemable until payment as well of the same premiums expenses and interest as of the principal and interest monies hereinbefore expressed to be
hereby secured Provided always and it is hereby agreed and declared between and by the parties to these Presents that if the said Edwin Collis his heirs executors administrators or assigns shall make default
in payment of the principal and interest monies for the time being due and owing upon the Security of these presents or of any part or parts thereof respectively on the day or time or days or times hereinbefore mentioned
and appointed for payment thereof and of which default the production of these presents shall be conclusive evidence then and in such case and at any time or times thereafter it shall be lawful for the said Thomas
Pratt his executors administrators or assigns absolutely to sell and dispose of the said lands benefit of Contract and of Covenant Policy monies and other the premises hereinbefore respectively granted appointed and assigned
or expressed and intended so to be and of all and singular the hereditaments and premises which by virtue of the Conveyance and Assurance hereinbefore covenanted to be made or procured shall be for the time being
vested in the said Thomas Pratt his heirs and assigns and every or any part of the premises hereby authorised to be sold either altogether or in parcels and either a public Auction or private contract or partly by both
such such means and in such manner in all other respects including a surrendering of the said Policy to the Office granting the same and likewise under and subject to such conditions and restrictions as to the title or
otherwise as the said Thomas Pratt his executors administrators or assigns shall think fit with power for him or them to buy in the premises hereby authorised to be sold or any part or parts thereof at any
such auction and also to rescind or vary the terms of any contract for sale thereof and afterwards to resell the premises so bought in or as to which such contract shall be rescinded in manner aforesaid without
being answerable for any deficiency occasioned thereby and with full power for the purposes aforesaid to make and execute all necessary contracts with and conveyances and assignments to the purchaser or purchasers
of the same premises respectively or as he she or they shall direct And it is hereby agreed and declared that all and every the sales agreements conveyances surrenders acts deeds and assurances which shall be
made and executed by the said Thomas Pratt his executors administrators or assigns of and concerning the premises hereby authorised to be sold as aforesaid shall be equally valid and effectual whether the said
Edwin Collis his heirs executors administrators or assigns do or do not join therein or assent thereto And further that in case of a Sale by the executors or administrators of the said Thomas Pratt or by
any other person who may not be seized of the legal estate in any part of the premises to be sold under the powers aforesaid the heirs of the said Thomas Pratt or either the person or persons in whom such
legal estate shall be vested shall make such conveyances and assurances for effectuating such sale as the person or persons by whom the same shall be made shall direct And also that the receipt or receipts
in writing of the said Thomas Pratt his executors administrators or assigns for the purchase money of the premises hereby authorised to be sold shall effectually discharge the person or persons paying the same
therefrom and from being liable for the misapplication or nonapplication thereof and from being concerned to see to the application of the same monies or to enquire or take notice whether any sale or sales
is or are necessary or proper or whether any such default has been made as aforesaid and as far as regards the safety and protection of a purchaser every sale purporting to be made in pursuance of the
aforesaid power shall be considered to be within the same power and be valid accordingly And further that the said Thomas Pratt his executors administrators or assigns shall stand and be
possessed of and interested in the monies to arise or be made from the Sale or Sales hereby authorised to be made as aforesaid or otherwise to come to his hands under these presents In trust in
the first place to pay and discharge thereout all such costs and expenses as he or they shall or may incur or sustain in carrying the trusts and powers hereby created and given into execution
and in the next place to apply the same monies in or towards satisfaction of the principal interest and other monies respectively which shall be then due upon the Security or by virtue of these presents
And after all the aforesaid Principal interest and other monies costs and expenses shall be wholly paid and satisfied then In trust to pay over the surplus of the said monies (if any) unto the
said Edwin Collis his heirs executors administrators or assigns
[insert: And it is hereby declared that the powers and authorities hereinbefore contained shall and may be exercised by any person who for the time being shall be entitled to give a discharge for the money expressed and intended to be hereby secured]
And the said Edwin Collis doth hereby for himself his heirs executors and administrators covenant with the said Thomas Pratt his
executors administrators and assigns in manner following that is to say that he the said Edwin Collis now hath in himself good right full power and lawful and absolute authority to grant and
appoint and assign unto the said Thomas Pratt his heirs executors administrators and assigns respectively the lands benefit of contract and of Covenant Policy and premises hereby respectively granted
appointed and assigned in manner aforesaid And also that he the said Edwin Collis shall and will during the continuance of this Security duly and regularly pay the said premium of ten
pounds seventeen shillings and eight pence and do and make all such other acts and payments as may be necessary for keeping on foot the said Policy hereby assigned and will not do or omit to do any act
whereby the same Policy shall become void or voidable and shall and will hand the receipt for the said yearly premium to the said Thomas Pratt his executors administrators or assigns within
ten days after the same shall become due And in case the said Policy shall become void that it shall be lawful for but not imperative on the said Thomas Pratt his executors administrators or assigns
to effect another Insurance on the life of the said Edwin Collis who will make and do such appearances declarations and acts as may be necessary for the purpose in such Office as the said Thomas Pratt
his executors administrators or assigns shall think fit and for any claim not exceeding the sum assured by the said Policy hereby assigned and which substituted Policy shall be taken in the name
of the said Thomas Pratt his executors administrators or assigns and shall be subject to the provisions powers and authorities hereinefore declared and contained of and concerning the policy hereby assigned and the
premiums costs charges and expenses paid or expended by the said Thomas Pratt his executors administrators or assigns in or about effecting and keeping on foot such Insurance as last aforesaid or in keeping
on foot the Policy hereinbefore assigned carry interest after the rate aforesaid from the respective times of expenditure and shall be charged on the premises comprised in or for the time being subject to the
powers of these presents and which premises shall not be redeemable until full payment as well of such premiums expenses and interest as of other the monies expressed to be hereby secured And further that
it shall be lawful for the said Thomas Pratt his executors administrators or assigns after default shall be made in payment of the principal and interest monies hereby secured at the time or times hereinbefore
appointed for payment thereof peaceably to enter upon hold and enjoy the hereditaments and premises hereby granted and assured or to be assured by the Indenture of Conveyance hereinbefore covenanted to be
made without any interruption by the said Edwin Collis or his heirs executors or administrators or any other person or persons whomsoever And that free from all incumbrances And moreover he the said
Edwin Collis and his heirs executors and administrators and all and every other persons and person whomsoever having or claiming or who shall or may have or claim any estate right or interest of in or to the
lands benefit of Contract and Covenant Policy and premises hereby granted appointed and assigned respectively or of in or to the hereditaments and premises to be conveyed by the Conveyance and Assurance
hereinbefore covenanted to be made shall and will from time to time and at all times hereafter upon the request of the said Thomas Pratt his heirs executors administrators or assigns but at the costs and charges
of the said Edwin Collis his heirs executors or administrators make do and execute or cause and procure to be made done and executed all and every such further and other acts deeds conveyances
assignments and assurances for more effectively or satisfactorily granting conveying assigning and assuring the said hereditaments and premises hereby granted appointed and assigned respectively or for the
time being subject to the powers of these presents or any of them or any part or parts thereof respectively unto the said Thomas Pratt his heirs executors administrators and assigns respectively as by his or them
or his or their Counsel in the law shall be reasonably devised or advised and required In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first hereinbefore
written.
Edwin Collis [signed with seal]
Thomas Pratt [signed with seal]
[The Retreat005g - reverse of sheet two - page five:]
This Indenture made the nineteenth day of October in the year of our Lord One thousand eight hundred and fifty eight Between the within named Mary Tovey of the first part the within named Thomas Trapp of the
second part the within named Edwin Collis of the third part and Susan Ganderton of Pershore in the County of Worcester Spinster of the fourth part Whereas by an Indenture bearing date the Thirtieth day of July One
thousand eight hundred and fifty eight and expressed to be made between the Reverend and Worshipful John Peel Dean of the Cathedral Church of Christ and the Blessed Mary the Virgin of Worcester and the Chapter of the same church Lords of the Manor of Harvington in the County of Worcester
of the first part The Right Honourable Henry Thomas Earl of Chichester The Right Honourable Charles Viscount Eversley and William Deedes Esquire Member of Parliament (the Church Estates Commissioners duly constituted and appointed under an act of Parliament therein mentioned being made
parties to and joining in the now reciting Indenture by virtue of the provisions of certain other Acts therein mentioned) of the second part John Marshall Gentleman and John Atkins Yeoman of the third part Robert Lunn the Younger Yeoman and Thomas Bennett Tomes the Younger Yeoman
of the fourth part and the said Mary Tovey of the fifth part for the considerations therein mentioned the Copyhold tenements and premises comprised in the within recited Agreement of the thirtieth day of April One thousand eight hundred and fifty seven were enfranchised granted and
released unto and to the use of the said Mary Tovey her heirs and assigns for ever as freehold thenceforth and for ever discharged from the Copyhold and Customary tenure thereof and from all fines heriots reliefs quit rents and all other incidents whatsoever of Customary or Copyhold
tenure And whereas the said Mary Tovey is now desirous of carrying into effect the said within recited Agreement on her part And whereas the within mentioned Sum of Two hundred and ten pounds together with further principal Sums which have since the date of the within written
Indenture been advanced and paid by the said Thomas Pratt to the said Edwin Collis and amounting together with the said Sum of Two hundred and ten pounds to the Sum of three hundred and sixty five pounds now remain due and owing to the said Thomas Pratt upon the Security of the
within written Indenture as he the said Edwin Collis doth hereby acknowledge testified by his execution hereof but all interest in respect of the same several principal Sums hath been paid to the date hereof as he the said Thomas Pratt doth hereby acknowledge And whereas the said
Edwin Collis having occasion to borrow the further Sum of One hundred and thirty five pounds to enable him to complete the purchase from the said Mary Tovey contracted for by the said within recited Agreement he hath applied to the said Thomas Pratt to lend him the same under
the provisions for further advances contained in the within written Indenture but the said Thomas Pratt being unwilling so to do the said Susan Ganderton hath agreed to advance the same and also to pay off to the said Thomas Pratt the said Sum of Three hundred and sixty five
pounds so due to him as aforesaid upon having the whole of the said monies with interest secured to her in manner hereinafter appearing Now this Indenture Witnesseth that in pursuance of the hereinbefore recited agreement and in consideration of the Sum of three
hundred and sixty five pounds to the said Thomas Pratt at the request and by the direction of the said Edwin Collis (testified by his execution hereof) paid by the said Susan Ganderton (the receipt of which said Sum of Three hundred and sixty five pounds he the said Thomas Pratt doth hereby
admit and acknowledge and thereof and therefrom doth acquit release and discharge the said Susan Ganderton her heirs executors administrators and assigns for ever by these presents He the said Thomas Pratt at such request as aforesaid testified as aforesaid Doth by these presents assign
and transfer unto the said Susan Ganderton her executors administrators and assigns All that the said Principal Sum of Three hundred and sixty five pounds so due to him the said Thomas Pratt upon the Security of the within written Indenture as hereinbefore mentioned And all
interest henceforth to grow due for the same Together with the full benefit and advantage of all and every the Covenants powers and provisions in the within written Indenture contained and of all other the Securities for the same principal and interest monies And all
the right title interest property claim and demand whatsoever both at law and in equity of him the said Thomas Pratt to in and upon the premises hereinbefore assigned or any of them or any part or parts thereof Together with full power and lawful and absolute
authority (which he the said Thomas Pratt doth hereby give and grant) to and for the said Susan Ganderton her executors administrators and assigns to ask demand sue for recover and receive and give effectual receipts and discharges in writing for the said
monies and premises hereinbefore assigned or expressed and intended so to be or any part or parts thereof in the name or names and as the Attorney or Attornies of the said Thomas Pratt his executors or administrators To have hold receive and take the said principal Sum
and Interest and all and singular other the premises hereinbefore assigned or expressed and intended so to be unto the said Susan Ganderton her executors administrators and assigns absolutely And this Indenture also witnesseth that for the purpose of carrying
into effect the within recited Agreement on the part of the said Mary Tovey and in consideration of the Sum of One hundred and thirty five pounds (the purchase money in the same Agreement mentioned) paid to her the said Mary Tovey at the request and by the direction of the said
Edwin Collis (testified as aforesaid) by the said Susan Ganderton at or immediately before the execution of these presents (and as a further advance contemplated and authorised by the provisions in the within written Indenture contained in that behalf) the receipt of which
said Sum of One hundred and thirty five pounds the purchase money aforesaid she the said Mary Tovey doth hereby admit and acknowledge and thereof and therefrom doth acquit release and discharge the said Susan Ganderton and also the said Edwin Collis and their respective
heirs executors administrators and assigns for ever by these presents and also in consideration of the premises She the said Mary Tovey Doth by these presents grant release and convey And they the said Thomas Pratt and Edwin Collis according to their respective interests
in the hereditaments next hereinafter mentioned Do and each of them Doth hereby release and confirm unto the said Susan Ganderton her heirs and assigns All that Messuage or tenement with the Garden Orchard and Cider Mill and small piece of ground or orchard
thereto belonging situate at Harvington aforesaid formerly in the occupation of Thomas Atkins afterwards George Brookes but now void bounded on the North West and East by the Public Road or Village Street of Harvington aforesaid and to the South by premises belonging to Mr John Marshall and which said
Messuage and hereditaments lastly hereinbefore described are the hereditaments which by the within recited Agreement of the thirtieth day of April One thousand eight hundred and fifty seven were contracted to be sold by the said Mary Tovey to the said Edwin Collis and the same were enfranchised conveyed and
assured to the said Mary Tovey by the hereinbefore recited Indenture of the thirtieth day of July last whereon a plan of the said premises is drawn Together with the messuages or dwellinghouses outoffices and appurtenances belonging thereto lately erected by the said Edwin Collis on the said hereditaments as within
mentioned And together with all and singular houses outhouses edifices buildings way[s] waters watercourses profits privileges rights members easements and appurtenances whatsoever to the said hereditaments and premises belonging or in any use appertaining And the reversions remainders yearly and other
rents issues and profits thereof And all the estate right title interest inheritance use trust possession property possibility claim and demand whatsoever both at law and in equity of them the said Mary Tovey Thomas Pratt and Edwin Collis respectively of in to out of or upon the said hereditaments
and premises and every part thereof To have and To hold the said Messuages or tenements buildings orchards and all and singular other the hereditaments and premises hereinbefore granted and released or expressed and intended to be unto and to the use of the said Susan Ganderton her heirs
and assigns for ever Subject nevertheless to such rights or equity of redemption in favour of the said Edwin Collis his heirs executors administrators or assigns on payment to the said Susan Ganderton her executors administrators or assigns of the full sum of Five hundred pounds together with interest for the
same after the rate of five pounds per centum per annum without any deduction except for property or income tax as by virtue of the provisions the within written Indenture and of the advances and payments which have been made as hereinbefore appearing and of the operation this present Indenture the
same hereditaments and premises are now subject or liable to And this Indenture also witnesseth that in further pursuance of the hereinbefore recited Agreement and for the considerations aforesaid He the said Thomas Pratt at the request and by and the direction of the said Edwin Collis as
aforesaid (testified as aforesaid) Doth by these presents grant release and convey And he the said Edwin Collis Doth by these presents grant release convey and confirm unto the said Susan Ganderton her heirs and assigns All those several pieces or parcels of Garden Ground in the within written Indenture
expressed to be firstly secondly and thirdly described And singular other the hereditaments and premises in the within written Indenture comprised and thereby respectively granted released conveyed and appointed or expressed and intended as to be together with their and every of their rights easements
members and appurtenances And all the estate right title interest inheritance use trust possession property claim and demand whatsoever both at law and in equity of them the said Thomas Pratt and Edwin Collis respectively of in to out of or upon the said hereditaments and premises hereby granted and
released or expressed and intended so to be and every part thereof To have and To hold the said pieces of land and hereditaments lastly hereinbefore mentioned and all and singular other the premises hereinbefore expressed to be hereby granted and released unto and to the use of the said Susan Ganderton
her heirs and assigns for ever subject nevertheless to such right or equity of Redemption in favour of the said Edwin Collis his heir or assigns as is hereinbefore mentioned of and concerning the hereditaments firstly hereinbefore granted and assured And this Indenture also witnesseth that
in further pursuance of the hereinbefore recited Agreement and for the considerations aforesaid He the said Thomas Pratt at the request and by the direction of the said Edwin Collis as aforesaid (testified as aforesaid) Doth by these presents bargain sell and assign And he the said Edwin Collis Doth
by these presents assign and confirm unto the said Susan Ganderton her executors administrators and assigns All those the within mentioned claims and demands rights benefits and interest whatsoever or of him the said Edwin Collis against or upon the within named Mary Sheaf her heirs or assigns
and of and in the within mentioned Sum of sixty eight pounds five shillings nine pence and other sums of money if any) to become payable by or from the said Mary Sheaf her heirs executors administrators or assigns as within expressed And also the within mentioned Policy of Assurance and the monies
thereby assured And all and singular other the property monies effects and premises expressed to be assigned by the within written Indenture with their and every of them rights privileges members and appurtenances And also the full benefit and advantage of all the Covenants powers and provisions
in the written Indenture contained of and concerning the premises hereby assigned any or either of them And all the right title Interest benefit property possibility claim and demand whatsoever both at law and in equity of them the said Thomas Pratt and Edwin Collis respectively of into out of or upon the
premises hereby assigned or any part or parts thereof Together with full power and lawful and absolute authority which they the said Thomas Pratt and Edwin Collis respectively do hereby give and grant to and for the said Susan Ganderton her executors administrators or assigns to ask demand due for recover
secure and give effectual receipts and discharges in writing for the monies and premises lastly hereinbefore assigned or expressed or intended so to be in the names and name and as the Attorney or Attornies of the said Thomas Pratt and Edwin Collis respectively and their respective executors and administrators
and to do all such other acts as may be necessary for deriving the full benefit of the assignment expressed and intended to be hereby made To have hold receive and take the said claims and demands monies policy and all and singular other the premises lastly hereinbefore assigned or expressed
intended so to be unto the said Susan Ganderton her executors administrators and assigns for her and their own absolute use and benefit Subject nevertheless to such right or equity of redemption in favour of the said Edwin Collis his executors or administrators as is hereinbefore mentioned of and concerning the
hereditaments firstly hereinbefore granted and assured And it is hereby expressly declared and agreed that the powers of sale and of giving receipts and discharges to purchasers and all other the powers and authorities in the within written Indenture contained shall and
may be exercised of and concerning all and singular the Messuages lands tenements property claim policy and premises respectively hereinbefore granted released and assigned or expressed and intended so to be by the said Susan Ganderton her heirs executors administrators and assigns as fully and
effectually to all intents and purposes whatsoever as the same powers and authorities could or might have been exercised by the said Thomas Pratt his heirs executors or administrators of and concerning the lands tenements property hereditaments and premises by the within written Indenture expressed
and intended to be granted released appointed and assigned respectively in case these presents had not been made and executed and in case the full principal Sum of Five hundred pounds had become due and owing to him the said Thomas Pratt his executors or administrators upon or by virtue of the
provisions in the within written Indenture contained And further that all and every the Covenants in the within written Indenture contained shall and may enforced by the said Susan Ganderton her heirs executors administrators or assigns and read and construed in the same manner as if such Covenants
had been entered into directly with the said Susan Ganderton her heirs executors administrators or assigns instead of with the said Thomas Pratt his heirs executors administrators or assigns And she the said Mary Tovey hereby for herself her heirs executors and administrators Covenant with the said Susan
Ganderton her heirs and assigns in manner following that is to say that for and notwithstanding any acts deed matter or thing whatsoever by her the said Mary Tovey made done or suffered to the contrary she the said Mary Tovey now hath in herself good right full power and lawful and absolute
authority to grant release and convey the hereditaments and premises hereinbefore expressed to be by her granted and conveyed unto and to the use of the said Susan Ganderton her heirs and assigns in manner aforesaid And that it shall be lawful for the said Susan Ganderton her heirs and assigns from time to time
and at all times hereafter to enter into and upon and to hold and enjoy the said hereditaments and premises and to receive and take the rents and profits thereof without the let suit hindrance interruption or denial whatsoever of from or by the said Mary Tovey her heirs or any person or persons claiming or to claim unto
her or them or any of them (but subject nevertheless to the said right or equity of Redemption in favour of the said Edwin Collis his heirs or assigns hereinbefore mentioned) And that free from all former and other estates right titles charges and incumbrances whatsoever either already or hereafter to be had made executed occasioned or suffered by the said
Mary Tovey or her heirs or any person or persons claiming or to claim under her or them or any of them And further that she the said Mary Tovey and her heirs and all and every other persons and person having or claiming or who shall or may hereafter have or claim any estate right title or interest of in or to the said hereditaments
and premises hereinbefore by her the said Mary Tovey granted and released by from under or in trust for her shall and will from time to time and at all times hereafter upon every reasonable request and at the costs and charges of the said Susan Ganderton her heirs or assigns or of the said Edwin Collis his heirs or assigns
make do and execute or cause to be made done and executed all and every such further and other lawful and reasonable acts deeds assurances matters and things whatsoever for more effectually or satisfactorily granting conveying and assuring the hereditaments and premises hereinbefore expressed to be by her the said Mary
Tovey granted and assured unto and to the use of the said Susan Ganderton her heirs and assigns in manner aforesaid and according to the true intent and meaning of these presents as by the said Susan Ganderton her heirs executors administrators or assigs or her or their or any of their Counsel in the law shall be
reasonably advised or devised and requested And the said Thomas Pratt doth hereby for himself his heirs executors and administrators covenant with the said Susan Ganderton her heirs executors administrators and assigns that he the said Thomas Pratt hath not at any time or times heretofore made done committed or
executed or knowingly or willingly or permitted or suffered or been party or privy to any act deed matter or thing whatsoever whereby or by reason or means whereof he is in anywise prevented or hindered from assigning granting and assuring the monies hereditaments and premises hereinbefore by him expressed
granted assigned and assured respectively or whereby or reason or means whereof the same monies hereditaments and premises any of them or any part or parts whereof are is can shall or may be impeached charged affected unincumbered in title estate or otherwise howsoever And the said Edwin Collis doth hereby for
himself his heirs executors and administrators covenant with the said Susan Ganderton her executors administrators and assigns that he the said Edwin Collis his heirs executors or administrators shall and will pay or cause to be paid unto the Susan Ganderton his executors administrators or assigns the Sum
of Five hundred pounds together with interest for the same after the rate of five pounds per centum per annum on the nineteenth day of April now next ensuing without any deduction whatsoever (except for property or income tax) And in case the said Sum of five hundred pounds shall not be wholly paid or the
said nineteenth day of April next shall and will pay or cause to be paid unto Susan Ganderton her executors administrators or assigns interest for the said Sum of five hundred pounds or for so much thereof as for the time being shall remain unpaid after the rate aforesaid by equal half yearly
payments on the nineteenth day of April and the nineteenth day of October in every year without any deduction (except as aforesaid) In witness whereof the said parties of these presents have hereunto set their hands and seals the day and year first above written
Mary Tovey [signed with seal]
Thomas Pratt [signed with seal]
Edwin Collis [signed with seal]
Received the day and year first above written of and from the above named Susan Ganderton the sum
of Three hundred and sixty five pounds being the consideration money above mentioned to be paid by her to me £365
Thomas Pratt [signed]
Witness: Geo. H. Garrard
Received the day and year first above written of and from the above named Susan Ganderton the sum of One hundred £135
and thirty five pounds being the consideration money above mentioned to be paid by her to me
Mary Tovey [signed]
Witness: Rd Jaynes
[Total] £500
Signed sealed and delivered by the abovenamed Mary Tovey
in the presence of
Rd Jaynes Clerk to Mr Eades Solr Evesham
Signed sealed and delivered by the abovenamed Thomas
Pratt and Edwin Collis in the presence of
Geo. H. Garrard of Evesham, Solicitor
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