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Old Stratford, Welcombe, Bishopton Stratford-upon-Avon


Attested Copy Indenture of Assignment between Richard East of Stratford-upon-Avon mealman and Mary his wife (daughter, Executrix and residuary legatee named in the Will of Mary Yates late of Stratford-upon-Avon widow deceased) of the 1st part, Samuel Smith of Stratford-upon-Avon yeoman (eldest son, heir at law and devisee of Samuel Smith late of Stratford-upon-Avon maltster deceased) of the 2nd part, John Mills of Billesley esquire of the 3rd part and Matthew Mills of Beoley, Worcestershire gentleman of the 4th part. Reciting an Indenture dated 23rd October 1770 whereby a half yard land in the Common Fields of Old Stratford, Welcombe and Bishopton, a close in Stratford-upon-Avon containing 5 acres and a close at Ingon called Lower Frame Close were mortgaged by Samuel Smith the elder deceased to William Waring of Shipston-on-Stour maltster for £400 by way of demise for 1000 years and reciting an Indenture dated 5th May 1777 whereby William Waring transferred the Mortgage for £400 to Mary Yates and reciting the Will of Samuel Smith (see DR38/1328) also DR38/1329 DR38/1330 and reciting the death of Mary Yates who by her Will dated 19th July 1778 who bequeathed certain legacies to her son John and her daughters Elizabeth, Martha and Hannah and also the residue of her estate including the above recited Mortgage to her daughter Mary wife of Richard East and appointed her daughter Mary her sole Executrix who proved the Will on 18th August 1778 and reciting that John Mills had agreed to lend to Samuel Smith the younger £1000 upon security of the premises comprised in the recited Mortgage dated 23rd October 1770. It was thereby witnessed that Richard East and Mary his wife in consideration of £450 to them paid by Samuel Smith assigned the residue of the term of 1000 years in the premises comprised in the said Indenture dated 23rd October 1770 (and vested in them by virtue of the Will of Mary Yates aforesaid) at the direction of Samuel Smith and John Mills to Matthew Mills upon trust as to the premises in Stratford-upon-Avon for John Mills until repayment of the said £100 by Samuel Smith to John Mills and thereafter in trust for Samuel Smith and his heirs and upon trust as to the premises at Ingon for Samuel Smith and his heirs. Witnessed by Thomas Smith and Henry Wyatt. Attested 23rd February 1804 by Hen Wyatt and W. George, clerks to Mr. Wyatt.