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[Title sheet (hl002a):]
[In centre}
Covenant to produce Vide Copy No.18489. Dated 4th August 1853.
Benjamin Workman Esqre
to
Mrs M. A. Capper W.
Transfer of Mortgage for
£4900 on the Harvington Lodge Estate
in the County of Worcester.
[Along top]
Received on the execution of the within written Indenture plan the
within named Mary Anne Capper the sum of four thousand nine &; £4900
hundred pounds within mentioned to be by her paid to me.
Witnessed
Courtenay Col Prance B Workman
Signed sealed and delivered by the within named Benjamin
Workman in the presence of
Courtenay CPrance of Evesham Solicitor
[Sheet one (hl002b/c):]
This Indenture made the fourth day of August in the year of our Lord One thousand eight hundred and fifty three Between Benjamin
Workman of Great Hampton in the county of Worcester Gentleman of the one part and Mary Ann Capper of Cheltenham in the county of
Gloucester Widow of the other part Whereas by Indentures of Lease and Release bearing date respectively the thirtieth and thirty first days of July
One thousand eight hundred and twenty nine the Release being made between Thomas Gould Marshall of Harvington in the county of Worcester Gentleman of
the first part Elizabeth Gould therein described of the second part and The Reverend John Richard Ingram also therein described of the third part of
freehold pieces or parcels of land part of the Harvington Lodge Estate hereinafter described called the Moors were conveyed and assured unto and to the use of the said John Richard Ingram his executors administrators
and assigns and at two special Courts Baron of the Dean and Chapter of Worcester held for the Manor of Harvington on the third and thirty first days of July One thousand hundred and twenty nine the copyhold
discharged[?] and hereditaments other part of Harvington Lodge Estate hereinafter assured were granted In trust for the said John Richard Ingram his executors administrators and assigns for and during the lives in possession
and reversion successively on which the same were then respectively held And by the said Indenture doth the said freehold and copyhold hereditaments were made subject to redemption on payment by the said
Thomas Gould Marshall his heirs executors administrators or assigns to the said John Richard Ingram of the sum of Four thousand five hundred pounds with interest for the same after the rate and at the time
since first therein mentioned And whereas by an Indenture of statutory Release bearing date the twenty fourth day of June One thousand eight hundred and forty eight made between the said John Richard Ingram of
the one part and the said Benjamin Workman of the other part and by an Indenture bearing date the eleventh day of September in the same year endorsed therein and made between the said Thomas Gould Marshall of
the one part and the said Benjamin Workman of the other part In consideration of the sum of Four thousand five hundred pounds paid by the said Benjamin Workman to the said John Richard Ingram at
the request of the said Thomas Gould Marshall and in consideration of seven hundred pounds lent and advanced by the said Benjamin Workman to the said Thomas Gould Marshall The benefit of the said
copyhold hereditaments comprised in the last recited Indenture of Mortgage was assigned unto the said Benjamin Workman his executors administrators and assignes for and during the lives on which the same
were then respectively held and the said freehold pieces or parcels of land called the Moors and two other pieces or parcels of land respectively called the Washpool Ground and Oat Hill which are also part of
Harvington Lodge Estate aforesaid hereinafter described were conveyed and assured unto and to the use of the said Benjamin Workman his heirs and assigns for ever Subject nevertheless as to both copyhold and
freehold hereditaments to redemption on payment by the said Thomas Gould Marshall his heirs executors administrators or assigns to the said Benjamin Workman his executors administrators or assigns of
the sum of Five thousand two hundred pounds with interest for the same after the rate of Five pounds per cent per annum reducible as therein mentioned on the days (since past) therein mentioned
And whereas at a Court Baron of the said Dean and Chapter holden for the said Manor of Harvington on the twenty eighth day of June One thousand eight hundred and forty eight the firstly
described parcels of the copyhold or customary hereditaments part of Harvington Lodge Easte hereinafter assured and hereby directed to be surrendered with the appurtenances were granted unto Stephen Lunn
of Great Hampton in the county of Worcester Farmer and John Marshall of Harvington aforesaid Yeoman Upon trust for the said Benjamin Workman Assignee of the said John Richard Ingram for
their lives and the life of the longer liver of them successfully according to the custom of the said Manor And the said Stephen Lunn was admitted tenant And at the same Court The
reversion of the same premises expectant on the decease surrender or forfeiture of the said Stephen Lunn and John Marshall was granted to the said Thomas Gould Marshall and Nathaniel
Tovey of Church Lench in the county of Worcester Maltster Upon trust for the said Benjamin Workman his executors administrators and assigns for their lives and the longer liver of them
successively according to the custom of the said Manor And of the said Special Court Baron holden for the said Manor on the said twenty eighth day of June One thousand eight
hundred and forty eight the secondly described parcels of the copyhold or customary hereditaments other part of Harvington Lodge Estate hereinafter assured and hereby covenanted to be surrendered
with the appurtenances were granted unto John Marshall of Harvington aforesaid Yeoman and John Atkins of Donington in the parish of Salford in the county of Warwick Yeoman Upon trust
for the said Benjamin Workman Assignee of the said John Richard Ingram his executors administrators and assigns for their lives and the longest liver of them successfully according to the
custom of the said Manor And the said John Marshall now admitted tenant And at the same Court the reversion of the last mentioned premises expectant on the decease surrender or
forfeiture of the said John Marshall and John Atkins was granted to Robert Lunn of Norton in the parish of Norton Lenchwick in the County of Worcester aforesaid Farmer and Thomas
Bennett Tomes of Cleeve Prior in the same County Upon trust for the said Benjamin Workman as such Assignee as aforesaid his executors administrators and assigns for their lives and the
longer liver of them respectively according to the custom of the said Manor And whereas the principal sum of Four thousand nine hundred pounds only is now due to the said
Benjamin Workman by virtue of the hereinbefore recited mortgage securities and all interest due in respect thereof hath been paid and discharged to the date of these Presents as he doth
hereby acknowledge And whereas the said Benjamin Workman having occasion for the said sum of Four thousand nine hundred pounds the said Mary Ann Capper hath agreed to
pay him the same upon having a transfer of the said mortgage debt and securities made to her in manner hereafter mentioned Now this Indenture Witnesseth that in consideration of
the sum of Four thousand nine hundred pounds of sterling money paid by the said Mary Ann Capper to the said Benjamin Workman on or before the execution of these Presents the receipt whereof
and that the same is in the full discharge of all principal and interest monies due and owing to him by virtue of the hereinbefore recited mortgage securities He the said Benjamin Workman doth
hereby acknowledge and therefore doth release and discharge the said Mary Ann Capper her executors administrators and assigns He the said Benjamin Workman according to his estate and
interest in the premises and so far as he lawfully can or may but no further or otherwise Doth grant bargain sell release and convey unto the said Mary Ann Capper her heirs and
assigns All these several closed Pieces or Parcels of land in the parish of Harvington aforesaid called the Moors And all those closes of land called Washpool and Cat Hill situate in the parish
of Harvington which said closes of ground called the Moors Washpool and Oat Hill Ground contain together by admeasurement thirty one acres one rood and twenty eight perches and are described in
the first part of the schedule hereinunder written or hereto named and together with the copyhold hereditaments hereinbefore subscribed to be surrendered from the said hereto[?] written[?]
[Sheet two - plan (hl002d):]
[Sheet three (hl002e):]
The Harvington Lodge Estate as delineated on the map or plan drawn on the back of the second skin of these presents Together with all and singular houses outhouses buildings erections ways
paths passages waters watercources areas[?] rights of common trees woods fences hedges ditches easements rights members and appurtenances whatsoever to the said freehold hereditaments ------[?]
or any of them or any part thereof respectively appertaining or belonging or usually[?] and of right held and enjoyed therewith And all the estate right title property claim and demand whatsoever both at law and
equity of him the said Benjamin Workman in to or out of the same hereditaments had permitted and every part thereof respectively To have and to hold the said Closes Pieces or Parcels of land ----[?]
and singular after the hereditaments and ------[?] hereinbefore granted and assured with their and every of their rights members and appurtenances unto and to the use of the said Mary Ann Capper her
heirs and assigns subject nevertheless to such right and equity of redemption as is now subscribing therein (if any) under and by virtue of the hereinbefore recited mortgage -------[ and to the power[?] ------[?]
covenants and agreements therein contained And this Indenture further Witnesseth that for the considerations aforesaid the said Benjamin Workman Doth according to his estate[?] and interest in the
-------[?] and so far as to ------[---[?] or otherwise grant bargain sell assign and transfer unto the said Mary Ann Capper her executors administrators and assigns the copyhold
lands and hereditaments hereinafter described that is to say Firstly All that One messuage or yard land late of William Lowe One messuage and half yard land nature also Lowe One messuage and
half yard land nature formerly Adams six acres of land formerly Shayde One yard land demesne late of Adams also One messuage and five sellions of land late of the said William Lowe with the appurtenances
in Harvington aforesaid except one messuage and One perry[?] mill and One orchard part of the premises aforesaid or such lands as were allotted in respect of the same or in lieu thereof or of any part
thereof in and by the Harvington Enclosure Act and the Award thereunder bearing date the seventeenth day of March One thousand seven hundred and eighty seven and duly enrolled on the second day of October
One thousand seven hundred and eighty seven And secondly All that messuage and one yard land formerly Moggs One cottage and one and a half acre of land nature tenure at Townsend One cottage and
curtilage formerly Tomes One messuage and one yard land formerly Careless and Thomas Smith and One messuage and one yard land formerly Lauds with the appurtenances in Harvington or such lands as were
allotted in respect of the same or in lieu thereof under the Harvington Inclosures Act and Award All which said messuages or tenements lands hereditaments and premises are part the Harvington Lodge
Estate and are now in the occupation of Benjamin Bomford or his tenants and are better known and distinguished by the description thereof contained in the second part of the schedule hereunder written or
hereto annexed and are delineated in the map or plan thereof drawn on the back of the second skin of these presents or by whatever other name or names quantities quantity[?] or description the said
messuages hereditaments and premises comprised in the said recited copies of Court Roll and allotments now are or is or at any time or times heretofore have or hath been called known or distinguished
Together with all houses outhouses buildings erections ways paths passages waters watercourses commons rights of common trees woods fences hedges ditches easements rights members and appurtenances
whatsoever to the said hereditaments thirdly and fourthly hereinbefore described or referred to or any of them or any part thereof respectively appertaining or belonging or usually and of right held and
enjoyed therewith And all the estate right title property claim and demand whatsoever of him the Benjamin Workman in to or out of the same copyhold hereditaments and premises and every part
thereof respectively To have and to hold the said copyhold messuages Lands and Hereditaments heretofore described their appurtenances unto the said Mary Ann Capper her executors
administrators and assigns from henceforth for and during the natural lives of the said Stephen Lunn John Marshall Thomas Gould Marshall and Nathaniel Tovey John Marshall John Atkins Robert
Lunn and Thomas Bennett Tomes as expressed in the hereinbefore recited copies of Court Roll and for and during all such other stated terms times and interest as can or may be acquired
therein respectively by renewal or otherwise howsoever subject to the ----[?] heriots rents and services therefrom due and of right accustomed subject to such rights and equity of redemption as is
now subsisting therein under or by virtue of the hereinbefore recited mortgage securities and to the powers provided and covenants therein contained And the said Benjamin Workman doth
hereby (-----------[?] by way of covenant) direct the said Stephen Lunn John Marshall Thomas Gould Marshall and Nathaniel Tovey John Marshall John Atkins Robert Lunn and Thomas Bennett Tomes
the several Trustees of the said copyhold hereditaments at the expense of the freehold entitled to the equity of redemption of the said hereditaments at or before the next customary Court to be ------[?]
for the said Manor of Harvington well and effectually to surrender into the hands of the Lords of the said Manor accordingly to the custom thereof All and singular the messuages lands
allotments and hereditaments respectively comprised in the hereinbefore recited copies of Court Roll to the end and intent that the same may be respectively regranted to the several trustees
or in case of the death of any or either of them in the meantime then to the survivors and such other person or persons as the said Mary Ann Capper her executors administrators
and assigns may direct and as well be sufficient to keep up the full and usual number of lives in succession and ------[?] In trust for the said Mary Ann Capper her executors
administrators and assigns of the said Benjamin Workman who was assignee of the said John Richard Ingram Mortgage for recuring Four thousand nine hundred pounds and
interest in aforesaid and to securring the same respectively when by her or them required according to the custom of the said Manor at and under the yearly rate ----------[?] due and of right
accustomed and that in the meantime until such surrender the same copyhold hereditaments shall to held by the said Trustees thereof In for the said Mary Ann Capper her
executors administrators and assigns in manner aforesaid And this Indenture lastly Witnesseth that for the consideration aforesaid to the said Benjamin Workman Doth bargain sell -----[?]
and hereof[?] unto the said Mary Ann Capper her executors administrators and assigns All that the said principal sum of Four thousand nine hundred pounds -- -- aforesaid remaining ----[?]
by ----[?] of the hereinbefore recited Indenture of the thirtieth and thirty first days of July One thousand eight hundred and twenty nine the twenty fourth day of June and the eleventh day of
of September One thousand eight hundred and forty eight and all interest henceforth to become due thereof And all the right title interest property claim and demand whatsoever of the ---------[?]
----------[?] and to the same To have ----[?] take and enjoy the said principal Sum and Interest unto and by the said Mary Ann Capper her executors administrators -----[?]
assigns -------[?] And the said Benjamin Workman doth hereby constitute and appoint the said Mary Ann Capper her executors and administrators the ----[?] and benefit
[Sheet four (hl002f):]
Attorney and Attorneys of him the said Benjamin Workman for him and in his name or in the name or manner of his executors or administrators but for the benefit and at the
costs of her the said Mary Ann Capper her executors administrators or assigns to ask demand sue for and receive or secure by all lawful ways and means of and from and any
persons and person liable to pay the same the said principal sum of Four thousand nine hundred pounds and all interest henceforth to grant due for the same and to give effectual receipts and discharges for the
same And the said Benjamin Workman doth grant unto the said Mary Ann Capper her executors or administrators power and authority to appoint a substitute or substitutes and such substitute or from him[?]
time at pleasure to revoke and doth hereby ratify and confirm whatsoever shall be lawfully done by any such Attorney or substitute by virtue of this power And the said Benjamin Workman doth hereby for
himself his heirs executors and administrators covenant with the said Mary Ann Capper her heirs executors administrators and assigns that he the said Benjamin Workman hath not at any time heretofore
made done or executed or knowingly suffered any act deed matter or thing whatsoever whereby the freehold and copyhold hereditaments hereby assured or any part thereof respectively are is can shall or may
or impeached charged affected or incumbered in title estate[?] or otherwise howsoever And also that he hath not received the said principal sum of Four thousand nine hundred pounds hereby assigned or any
part thereof and that he his executors or administrators shall not at any time hereafter revoke or make void the power or authority hereinbefore contained or disavow dis-----[?] release or discharge any action
suit judgement or execution to be brought prosecuted or obtained by virtue thereof without the consent in writing of her the said Mary Ann Capper her executors administrators or assigns or the ---[?] or decree of
some Court of law or Equity And the said Mary Ann Capper doth hereby for herself her heirs executors and administrators covenant with the said Benjamin Woekman his heirs executors and administrators
that she the said Mary Ann Capper her heirs executors administrators or assigns will at all times hereafter save harmless and keep indemnified the said Benjamin Workman his executors and administrators
from and against all costs charges damages and expenses whatsoever to be incurred or paid by him or them by reason of any act in or suit act deed matter or thing which may be brought -------[?]
done or created by virtue of the power hereinbefore contained except such costs damages and expenses as may be incurred or paid by or through the neglect or wilful default of the said Benjamin
Workman his executors or administrators In witness whereof the said Parties to these Presents have hereunto set their hands and seals the day and year first before written.
Here is a copy of the schedule along with a more detailed plan.
Benjamin Workman [Signed]
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