| Content Description | First Party: Henry Willoughby, esquire of Birdsall, Yorkshire, eldest son and heir of Thomas Willoughby, deceased and his wife Elizabeth, also deceased, who was the daughter of Thomas Sowtheby [later 5th Baron Middleton].
Second Party: Francis, Lord Middleton [2nd Baron Middleton], of Wollerton [Wollaton], Nottinghamshire.
Third Party: Henry Delabene, esquire of York and his wife Mary.
Fourth Party: Peter Johnson the younger, esquire of York.
Fifth Party: Jerom Dring, gentleman of York.
Sixth Party: Rev. Edmund Garforth, clerk of York and Elizabeth his wife, sister of (1).
In consideration of £1666. paid to (6), by Mary Delabene, with the consent of (1) and (2), and in further consideration of a sum of £134. paid to (1) by Mary Delabene, lease [Ne D 4153] and release [Ne D 4154] from (1), at the request of (3), to (4) of messuages, lands and tenements in Walkeringham, Nottinghamshire; specific details of the property concerned are provided including names of tenants, and field acreages; property is to be held in trust by (4), in trust for Mary Delabene; (6) agree to release all their title and interest in the property to (4); includes provisions for the repayment of the principal sum and interest, with specified payment dates.
Further witnesses that in consideration of the sum of £1800., assignment from (2), with the consent of (1), (3) and (6), to (5) all the property described above; property is to be held for the residue of the term of 600 years in trust for (4) to attend the inheritance; includes expected covenants.
Consideration: £1800..
Recitals: (a) details of a lease and release dated 26-27 Aug. 1719; (b) fact that Thomas Willoughby and his wife Elizabeth are now both deceased, leaving their eldest son (1), and 6 younger children, who are entitled to the sum of £10,000 to be raised out of two terms of 600 years; (c) details of a lease and release dated 10-11 Feb. 1752 [see Ne D 4150-4151]; (d) fact that Thomas Lutton is now dead, and that (2) is the only surviving trustee; (e) Elizabeth, sister of (1) has now reached her majority, and her husband has applied to (1) to have her portion charged upon the lands secured by the several terms, and (1) has applied to (3) to advance him the sum of £1800. to pay the due fortunes, and has agreed to mortgage the property conveyed to (4) in trust.
Dated 19-20 Aug. 26 George II 1752. |