|Content Description||First Party: Henry Keyworth, surgeon of Askern near Doncaster, Yorkshire.|
Second Party: Henry Keyworth and Richard Hodgkinson, gentleman of Morton Grange, Nottinghamshire.
Third Party: Samuel Davy, farmer of Warsop, Nottinghamshire.
Fourth Party: Henry Charles Howard, Earl of Surrey [later 13th Duke of Norfolk].
Fifth Party: Bernard Edward Howard [12th] Duke of Norfolk.
Lease and release from (1), (2), (3) and (4) to (5) of the following property: a messuage or tenement known as Birks Hall in the parish of Whitwell, Derbyshire together with all outbuildings and appurtenances and the following parcels and closes of land: Upper Reynolds, Near Reynolds, Far Reynolds, Stony Croft, Far Wood Close, Near Wood Close, Upper Daizies, Nether Daizies, Great Tenter Yard, Homestead, Little Tenter Yard, Gospel Yard, Wood Close, Wood Nooking, Gospel Spring, the Lane, Well Yard, the Orchard, and part of Ratcliffe Yard [in all cases details of acreages are provided]; also 3 pews in the parish Church of Whitwell.
Also of a messuage which has been divided into 2 cottages with outbuildings, gardens and orchard at Ratcliffe in the parish of Worksop, with the following parcels of land: part of Ratcliffe Yard, Nether Flat, Upper Flat, Over Field, Near Netherfield, Far Netherfield, Far Carr Close, Near Carr Close, the holt or wood, Carr Meadow, Windmill Close or Smiths Croft, Near Flat, and part of the Pond Close; in all cases acreages are provided; also of a pew in Worksop parish church; contains usual covenants.
Consideration: £4500. [paid to (1) by (5) at the request of (3) in full satisfaction of the principal sum owing to (1)]; £1900. [paid to (3) by (5)]; £2000. [paid to (3) by (5) at the direction of (4)]; all amounting to the purchase sum of £8400..
Recitals: (a) details of indentures of lease, appointment and release dated 2-3 Jul. 1823 [see Ne 6 D 2/47/115-116]; (b) details of an indenture of lease and release dated 4-5 Jul. 1823 [see Ne 6 D 2/47/118-119]; (c) details of the will of Henry Keyworth deceased, dated 8 Apr. 1825; (d) fact that Henry Keyworth died in 1825 without revoking his will; (e) fact that the father of (3), [also called Samuel Davy] did agree with (4) for the absolute sale to him of the fee simple and inheritance of the property described above; (f) after the agreement recited at (e), (4) agreed with (5) to relinquish to (5) the purchase of the property and the contract made for the sum of £8400.; (g) fact that Samuel Davy the elder died in 1836 intestate; (h) fact that letters of administration concerning the goods and chattels of Davy the elder were granted to (3) in 1836; (i) fact that (5) paid to Davy the elder during his life the sum of £1900. in part payment of the sum of £8400.; (j) (5) requires (3) to fulfil the contract of sale of the property to which he has agreed; (k) fact that the sum of £4500. is now due and owing to (1) as residuary devisee of the will of Keyworth the elder by virtue of the indenture recited at (a) above, but that all interest has been paid; (l) agreed between all parties that the sum of £4500. due to (1) shall be paid from the purchase money; (m) fact that (4) and (5) are desirous that the property in question should be assured and limited to the use of (5).
Note that the lease is attached and forms the fifth membrane.