| Content Description | First Party: Henry Willoughby, esquire of Birdsall, Yorkshire [later 5th Baron Middleton], eldest son and heir of Thomas Willoughby, and his wife Elizabeth, both deceased, who was the daughter of Thomas Sowtheby.
Second Party: Francis, Lord [3rd Baron] Middleton.
Third Party: Francis Willoughby, merchant of Liverpool; Rothwell Willoughby, merchant of Liverpool; and James Willoughby, clerk of Askham Richard, Yorkshire; Rev. Edmund Garforth, of Little Askham, Yorkshire and Elizabeth his wife; Rev. Nathaniel Hodgson of Terrington, Yorkshire and Emma his wife; and Antonia Willoughby, spinster of York; Francis, Rothwell and James Willoughby, Antonia Willoughby [later Hewgill], Elizabeth Garforth and Emma Hodgson being the younger sons and daughters of the said Thomas and Elizabeth Willoughby.
Fourth Party: John Dealtry, 'Doctor of Physick', esquire of York.
Fifth Party: Jerom Dring, gentleman of York.
In pursuance of the agreement and in consideration of £10,000 paid to (3) in full satisfaction of all that money due to them in respect of the trust of 600 years, (3) fully discharges (1); and in consideration of £6200. paid to (5) by (1) for the purchase of the manors of Walkeringham and Misterton, Nottinghamshire; assignment from (2), at the direction of (3) and the nomination of (5), to (4) of the manors of Walkeringham and Misterton with all rights and appurtenances, the chief rents of £11.5.8.½; the fishery in the River Trent, and several closes of land in the tenure of named individuals; property to be held by (4) in trust for (5) for the remainder of the term of 600 years.
Consideration: £10,000..
Recitals: (a) details of a lease and release dated 26-27 Aug. 1719; (b) Thomas Willoughby had 9 children by his wife Elizabeth, namely Thomas, Henry, Francis, Rothwell, James, Elizabeth, Cassandra, Emma and Antonia, who all were living at the decease of Thomas, but at a later date the eldest son Thomas died, as well as Cassandra, and Henry became the sole heir, entitled to the freehold and inheritance of the premises, and that his 6 siblings were entitled to equal shares of the sum of £10,000; (c) the respective shares of £10,000 have been paid or secured to be paid; (d) details of a lease and release dated 19-20 Aug. 1752 [see Ne D 4153-4154]; (e) details of a lease and release dated 19-20 Aug. 1752 [see Ne D 4155-4156].
(f) details of an assignment of a mortgage [see Ne D 4155-4156]; (g) fact that Thomas Norcliffe has been paid all the money due to him on the said security, by Benjamin Hudson at the request of (5), and that (5) has conveyed all the hereditaments in Walkeringham to the use of Hudson; also that Norcliffe, at the direction of (1) and with the consent of Hudson, has also conveyed all hereditaments in Misterton to the use of (5); and that William Stables, at the direction of (1) and with the consent of Hudson, has assigned the term of 600 years of the property in Misterton to (4) in trust for (5); (h) fact that the 2nd Baron Middleton, the surviving trustee of the term of 600 years, has recently died but appointed (2) to be executor of his will, and that (2) has agreed to assign all estate and interest in the residue of the premises in Walkeringham and Misterton to (4) in trust for (5).
Dated 6 Apr. 32 George II 1759. |