Slater. Henry. Conveyance of 07/06/1856

[Stanley]

Slater. Henry. Conveyance of 07/06/1856

Front cover:
Dated 7th day of June 1856. Mr SJ Fawcett and other trustees on behalf of Mrs Dean to Mr Henry Slater. Conveyance of a plot of land being part of a garden called Monks House Garden situate in Barnoldswick in the County of York. Henry Robinson, Settle. [solicitor]

THIS INDENTURE made the seventh day of June one thousand eight hundred and fifty six between John Crossley Fawcett of Greenfield in the parish of Halifax in the county of York, gentleman, The Reverend Thomas Bennett of Barnoldswick in the county of York, Baptist Minister and John Heap of Cuckley in Marton in the said county of York, farmer of the first part, Ann Dean of Barnoldswick aforesaid, Widow, of the second part and Henry Slater of Barnoldswick aforesaid, shopkeeper of the third part.

WHEREAS by an indenture dated the twenty third of June one thousand eight hundred and fifty four made between the said Ann Dean, then Ann Mitchell of the first part, Henry Dean, since deceased, of the second part and the said John Crossley Fawcett, Thomas Bennett and John Heap of the third part being the settlement made in contemplation of the marriage between the said Ann Mitchell and the said Henry Dean since deceased.

IT IS WITNESSED that for the consideration therein mentioned the said Ann Mitchell did grant release and confirm unto the use of the said John Crossley Fawcett, Thomas Bennett and John Heap their heirs and assigns, amongst other hereditaments, the land, hereditaments and premises hereinafter described and intended to be hereby granted upon the trusts therein contained and the now reciting indenture contains a declaration that it should be lawful for the said trustees with the consent of the said Ann Dean to dispose of and convey by way of absolute sale all or any part or parts of the said land and hereditaments thereby settled, freed and absolutely discharged from the trusts and powers therein declared and contained in relation thereto, to any person or persons for such price or prices in money as to the said trustees should seem proper. And the now reciting indenture also contains a declaration constituting the receipt of the said trustees for money paid to them by a purchaser under the said power of sale a discharge from all responsibility in respect of the application thereof.

AND WHEREAS the said John Crossley Fawcett, Thomas Bennett and John Heap in execution of the said power of sale and with the consent of the said Ann Dean have lately contracted with the said Henry Slater for the absolute sale to him of the fee simple and inheritance in possession free from all incumbrances of and in the said piece a parcel of land and hereditaments hereinafter particularly described at the price of twenty two pounds ten shillings and two pence.


NOW THIS INDENTURE WITNESSETH that for effectuating the said agreement and in consideration of the sum of twenty two pounds ten shillings and two pence of lawful British money by the said Henry Slater unto the said John Crossley Fawcett, Thomas Bennett and John Heap with the consent and approbation of the said Ann Dean on the execution of these presents paid being the consideration money for the absolute purchase aforesaid the receipt of which said sum they, the said John Crossley Fawcett, Thomas Bennett and John Heap do and each of them doth hereby acknowledge and therefrom doth release the said Henry Slater, his heirs, executors administrators and assigns. And also in consideration of the sum of five shillings of like lawful money by him the said Henry Slater unto her the said Ann Dean on the execution hereof paid the receipt of which is hereby acknowledged. They, the said John Crossley Fawcett, Thomas Bennett and John Heap with the consent and by the directions of the said Ann Dean testified by her executing these presents. DO and each and every of them DOTH grant bargain sell alien and release and the said Ann Dean doth bargain sell alien release ratify and confirm unto the said Henry Slater his heirs and assigns all that plot piece or parcel of land being part of a garden called Monks House Garden situate in Barnoldswick aforesaid and bound on the south side by the premises of William Foxcroft and by a road to be held in common by George Wellock, William Foxcroft and the said Henry Slater in length twelve yards and one half of a yard and on the east side by an intended street to be five yards wide and including a three foot causeway in length nine yards and one half of a yard and on the north side by a private road the property of Mrs Ann Dean or her trustees in length twelve yards and one half of a yard. And on the west side by an intended woodyard the property of Mrs Ann Dean or her trustees in length nine yards and one half of a yard, containing by admeasurement one hundred and eighteen superficial square yards and three quarters of a square yard. AND all ways, waters, watercourses, easements, advantages and appurtenances whatsoever to the said land and hereditaments hereby conveyed belonging or in anywise appertaining. AND all the said estate, right, title interest use trust property claim possession and demand whatsoever, both at law and in equity of the said John Crossley Fawcett, Thomas Bennett and John Heap of in unto or out of the same or any part thereof. AND true copies of all the deeds and writings in the custody or power of the said John Crossley Fawcett, Thomas Bennett and John Heap relating to or concerning the said land hereby conveyed jointly with any other land or hereditaments the same copies to be made at the expense of the said Henry Slater his heirs and assigns TO HAVE and TO HOLD the said land hereditaments and all and singular other the premises hereinbefore granted released or conveyed or intended so to be with their appurtenances unto the said Henry Slater his heirs and assigns. TO THE USE of the said Henry Slater his heirs and assigns for ever. AND the said John Crossley Fawcett doth hereby for himself his heirs executors and administrators. AND the said Thomas Bennett doth hereby for himself his heirs executors and administrators. AND the said John Heap doth hereby for himself his heirs executors and administrators each covenanting for himself separately and not jointly nor the one for the other or others of them or the heirs executors and administrators or the other or others of them covenant promise and declare to and with the said Henry Slater his heirs and assigns that they have not at any time heretofore committed any act whatsoever whereby the land hereditaments and premises hereinbefore particularly described or intended to be hereby conveyed are incumbered in title estate interest or otherwise howsoever. AND the said Ann Dean for herself her heirs executors and administrators doth covenant and agree with and to the said Henry Slater his heirs and assigns by these presents in manner following (that is to say) that notwithstanding any act or thing whatsoever by the said Ann Dean and by any person or persons lawfully or equitably claiming or to claim by for under or in trust for her made done or committed or wittingly or willingly suffered to the contrary they the said John Crossley Fawcett, Thomas Bennett and John Heap at the time of the execution hereof are lawfully seized of the same land and hereditaments in fee simple in possession free from incumbrances. AND further that the said Henry Slater his heirs and assigns shall forever hereafter quietly hold and enjoy the same hereditaments for his and their own use and benefit without any interruption by the said John Crossley Fawcett, Thomas Bennett, John Heap and Ann Dean or any of them or any person or persons lawfully or equitably claiming or to claim by for under or in trust for him, her them or any of them. And that free and clear and freely and clearly and absolutely acquitted exonerated and discharged or otherwise by her the said Ann Dean her heirs executors and administrators well and sufficiently saved defended kept harmless and indemnified from and against all incumbrances whatsoever already or hereafter had made done committed or accessioned by the said Ann Dean John Crossley Fawcett Thomas Bennett and John Heap or any other person or persons lawfully or equitably claiming or to claim by for under or in trust for her or them or by through or with her or them or by any of their acts consent or procurement.

AND MOREOVER that they the said John Crossley Fawcett, Thomas Bennett John Heap and Ann Dean and their or any or either of their heirs and all and every person or persons whomsoever having or lawfully claiming any estate right title trust or interest in to or out of the same land hereditaments and premises by or in trust for them or any of them shall and will at all times hereafter upon every reasonable request and at the expense of the said Henry Slater his heirs or assigns make do and execute or cause or procure to be made done and executed all such further and other lawful and reasonable acts deeds conveyances assurances and things whatsoever for the further and better more perfectly and absolutely granting conveying assuring and confirming the same hereditaments and premises to the use of the said Henry Slater his heirs and assigns as by the said Henry Slater his heirs and assigns any of them or their or his or any of their Counsel in the law shall be reasonably revised or advised or required. AND also that she the said Ann Dean her heirs executors or administrators at all times hereafter upon the like request costs and charges of the said Henry Slater his heirs or assigns do and shall produce and show or cause to be produced and shown forth to him or them or to such person or persons as he or they shall direct desire or require or at any trial hearing or examination in any court of law or equity or other judicature as occasion shall be or require the several deeds evidences and writings relating to or concerning the title of the land hereditaments and premises hereby conveyed and mentioned in the schedule thereof hereunder written and permit and suffer copies of all or any of the same deeds or writings to be made written and taken for the manifestation defence and support of the estate right title interest property or possession of the said Henry Slater his heirs and assigns of in or to all or any part of the same land and hereditaments with the appurtenances unless the said Ann Dean her heirs executors administrators or assigns shall be prevented or hindered from so doing by casualties of fire or any other inevitable accident. IN WITNESS thereof the said parties to these presents have hereunto set their hands and seals the day and the year first hereinbefore written.




THE SCHEDULE above referred to:

15th and 16th September 1837. INDENTURES of lease and release the release made between Mary Ann Bracewell of the first part, Ann Mitchell of the second part, John Bracewell and Mary his wife of the third part and Thomas Lonsdale of the fourth part.

14th of April 1845. PROBATE copy of the last will and testament of Mary Bracewell.

23rd of June 1854. The hereinbefore mentioned indenture.

Signed and sealed by John Crossley Fawcett, Thomas Bennett, John Heap, Ann Dean and Henry Slater.

Various subscriptions overleaf:

Signed sealed and delivered by the within named Thomas Bennett and Ann Dean in the presence of (sworn) Thomas Green, clerk to Mr Henry Robinson, solicitor, Settle. William Halstead, manufacturer, Burnley.

Signed sealed and delivered by the within named John Crossley Fawcett in the presence of Peter Scott, Baptist minister, Brearley near Halifax.

Signed sealed and delivered by the within named John Heap in the presence of William Varley, plumber, Colne.

RECEIVED the day and year first within written from the within named Henry Slater the sum of twenty two pounds ten shillings and two pence within expressed to be paid by him to us: Signatures of John Crossley Fawcett, Thomas Bennett and John Heap.

Official stamp:
A memorial was registered at Wakefield the ninth day of July 1856 at nine in the forenoon in book T1, Page 437. Number 534. Signed John Edward Dibb (?)

Seal proves duty paid was 2/6.


[Transcribed by Stanley Challenger Graham from an original indenture in the possession of Eileen Holmes, Fairview, Moss Side, Barnoldswick and lent by her to him for research. 17 February 2004]

[Stanley]

Bumped.