Mortgage: Middle Hill Estate, Broadway

Description

Indenture between Walter Savage of Broadway, Worcs., esquire and Sarah, his wife of the first part, Walter Savage the younger, son and heir apparent of first named Walter of the second part, and Francis Haines of the City of Worcester, woollen draper and William Hayles of the same city, writing master of the third part - whereas the said Francis Haines and William Hayles in the Hilary Term last past did sue out of the High Court of Chancery in Westminster one or more writ or writs of 'entry sur disseisin en le post etc.' returnable in the Court of Common Pleas as against the said Walter Savage the elder and Sarah, his wife, 2 messuages, 2 watermills, 40 acres of land, 30 acres of meadow, 207 acres of pasture, 100 acres of heath and furze in Broadway who appeared and vouched the said Walter Savage the younger to warranty who likewise appeared and vouched to warranty the Common Vouchee against whom judgement was obtained by default and that a good and perfect common recovery was thereupon had and obtained according to the course of the said Court of Common Pleas, now this Indenture witnesseth that the said Walter Savage the elder and the said Walter Savage the younger covenants and grants to and wish the said Francis Haines and William Hayles that the chief end and purpose in suffering the said recovery was for the cutting off of all subtails and the barring of all limitation in remainder in and upon all the messuage lands etc. following viz. a messuage with the slack of mills built thereupon consisting of 3 pairs of grindstones and known as the Upper Mills, also the messuage with the slack mills built therein consisting of 3 pairs of grindstones and known as the Lower Mills and also the several houses etc. etc. to the said several mills belonging - also those pieces of arable and pasture lands called the Middle Hill and the short grove in 4 parts divided one whereof is called the Dorr - also the New Leasow, the Little Conigre in 2 parts divided - the Henacres in 2 parts divided - the Corn Crofts and the Pooles in 5 parts divided. The said Recovery agreed and declared to be to the uses hereinafter mentioned viz. to use of the said Francis Haines and William Hayles their Executors and Administrators for 500 years from the Feast of the Annunciation of the blessed Virgin last past and at the end of that term to the use of Walter Savage the elder for life and after his decease to the use of the said Sarah his wife and after her decease to the use of the said Walter Savage the younger and his heirs for ever - and as to said term of 500 years vested in said Francis Haines and William Hayles it is upon the special trust and confidence in them reposed that the said messuages mills etc. shall stand and be liable to the payment of £1000 to be paid out and bestowed as follows viz. to pay off all the debts of the said Walter Savage the elder as the said Francis Haines stands bound for together with the said Walter Savage and after the discharge of the said debts then to pay off the debts the said Walter Savage the elder borrowed by the means and procurement of the said William Hayles and are yet unsatisfied and after payment of all such debts then to pay off all debts whatsoever that are now owing by the said Walter Savage the elder to any person or persons in the City of Worcester and after paying all such debts the overplus of said £1000 if any to be paid to Walter Savage the younger. Agreed that so long as the interest of said £1000 is justly paid it shall be lawful for said Walter Savage the elder, Sarah, his wife and Walter Savage the younger in their several turns according to the limitation abovementioned to receive the rents etc. of the premises. Signed: Walter Savage, Seal: six lions rampant, Sarah Savage Seal six lions rampant and Walter Savage Junior Seal out of a ducal coronet a lion's jambe. Witnesses to the signature and seal of Walter Savage the elder and Walter Savage the younger: John Stone and Solomon Sheldon. Witnesses to the signature and seal of Sarah Savage: Samuell Cooke and John Stone. Endorsed by J. O. Halliwell-Phillipps 'Middlehill Estate'.