INDENTURE between Joseph and David RICHMOND and Richard PEARSON

INDENTURE made 11th day of December 1861
Transcribed by Sheila K Douglas from documents held at NYCRO

This Indenture made the eleventh day of December in the year of our Lord one thousand eight hundred and sixty one Between Joseph Richmond of Laverton Intack in the township of Laverton in the Parish of Kirkby Malzeard in the County of York Yeoman of the first part David Richmond of Laverton Intack aforesaid Farmer (the only son of the said Joseph Richmond) of the second part Richard Pearson of Grey Garth in Dallowgill in the Parish of Kirkby Malzeard aforesaid Farmer and Martha his wife (before her marriage Martha Richmond Spinster a daughter of the said Joseph Richmond) of the third part and Mary Richmond of Laverton Intack aforesaid, Spinster (the only other daughter of the said Joseph Richmond) on the fourth part

Whereas the said Joseph Richmond is seized of the messuage or dwellinghouse closes or parcels of Ground allotments and herediatments hereinafter described and granted for an estate of inheritance in fee simple free from incumbrances and he is also possessed of the messuage or dwellinghouse closes or parcels of ground and hereditaments hereinafter described and assigned for the residue of a term of one thousand five hundred years created on or about the twentieth day of July in the thirty eighth year of the reign of her late Majesty Queen Elizabeth or for some other long term or terms of years

And whereas the said Joseph Richmond in order to make a provision for his said son and daughters did about three years ago make a division in manner hereinafter mentioned of the messuages closes or parcels of ground allotments and hereditaments hereinafter described and intended to be hereby granted and assigned but no Conveyance or Assignment of the same was then or has since been executed by the said Joseph Richmond Now this Indenture witnesseth that in pursuance of the said division and in order legally to effect the same and in consideration of the natural love and affection which the said Joseph Richmond hath and beareth towards the said David Richmond his Son and for divers other good causes and considerations him thereunto moving He the said Joseph Richmond Hath given And by these presents Doth give grant and convey unto the said David Richmond and his heirs All those allotments or parcels of land late parts or parcels of Kirkby Malzeard Common containing by estimation eleven acres or thereabouts and purchased by the father of the said Joseph Richmond of Mrs Elizabeth Sophia Lawrence, Matthew Wintersgill and Dorothy or George Barker respectively late in the occupation or the possession of the said Joseph Richmond and now of the said David Richmond his son And all that allotment or parcel of land late part or parcel of Kirkby Malzeard Common with the plantation therein containing together seven acres more or less and purchased by the father of the said Joseph Richmond of Mr John Hodgson late in the occupation of Thomas Thorpe afterwards in the occupation or possession of the said Joseph Richmond and now of the said David Richmond All which said premises were devised by the last Will and Testament of the Father of the said Joseph Richmond dated the twenty fifth day of September one thousand eight hundred and forty six to his Son the said *Joseph Richmond in fee simple Together with all outhouses buildings erections fixtures hedges dithches fences ways waters watercourses liberties privileges easements advantages and appurtenances whatsoever to the said allotments or parcels of ground and hereditaments or any of them appertaining or with the same or any of them now or heretofore demised occupied or enjoyed or reputed or known as part parcel or member of them or any of them or appurtenant thereto And all the Estate right title interest property claim and demand whatsoever of the said Joseph Richmond in to and out of the same premises and every part thereof

To have and to hold the said allotments or parcels of ground and other the hereditaments hereinbefore described and intended to be hereby granted with the appurtenances unto the said David Richmond and his heirs To the use of the said David Richmond his heirs and assigns for ever

And this Indenture further witnesseth that in further pursuance of the said division and in consideration of the natural love and affection which the said Joseph Richmond hath and beareth towards the said Martha Pearson his daughter and for divers other good causes and considerations him thereunto moving He the said Joseph Richmond (with the privity and consent of the said Richard Pearson testified by his being a party to and executing these Presents) Hath given and by these presents Doth give grant and assign unto the said David Richmond his executors administrators and assigns All that messuage or dwellinghouse with the buildings thereunto belonging And all that close or parcel of ground called Long Acre containing by estimation two acres two roods be the same more or less one other close or parcel of ground called Long acre head containing by estimation two acres and thirty seven perches be the same more or less one other close or parcel of ground called High Prye containing by estimation three roods and thirty two perches be the same more or less, one other close or parcel of ground called Low Prye containing by estimation four acres one rood and five perches more or less Also one other close or parcel of ground called Well Close containing by estimation three acres one rood by the same more or less also one undivided moiety or half part of and in a certain stinted pasture at Carlesmoor aforesaid called “Carlesmoor Stinted Pasture” All which said premises are situate lying and being at Carlesmoor in the Parish of Kirkby Malzeard aforesaid or within the precincts or territories thereof and late part of the Estate of one John Smith a Bankrupt and formerly tenanted by William Cathcart afterwards by William Gill and now by William Calvert and which said premises were bequeathed to the said Joseph Richmond by the last Will and Testament of his late Father Together with all outhouses buildings erections fixtures hedges ditches fences ways waters watercourses liberties privileges easements advantages and appurtenances whatsoever to the said messuage closes or parcels of ground and hereditaments or any of them appertaining or with or the same or any of them now or hereinbefore described occupied or enjoyed or reputed or known as part or member of them or of any of them an appurtenent thereto And all the estate right title interest property claim and demand whatsoever of the said Joseph Richmond in to and out of the same premises and every part thereof To have and to hold the said messuage land or parcels of ground and other the hereditaments herein before described and assigned with the appurtenances Unto the said David Richmond his executors administrators and assigns from henceforth and during and all the residue and remainder of the said term of one thousand five hundred years and during all other the estate term and interest of him the said Joseph Richmond therein Subject to the payment of the rent and the observance of the covenants in and by the original Indenture of Lease reserved and contained Upon the Trusts nevertheless hereinafter expressed and declared of and concerning the same, that is to say

In Trust to pay the rents and profits of the said premises hereby assigned unto the said Martha Pearson during her life but so that during her present and any subsequent coverture the same be paid to her for her sole and separate use free from marital control and engagements but without any power for her to anticipate the growing payments thereof And from and after the decease of the said Martha Pearson In Trust for the said Richard Pearson or any future or other husband with whom the said Martha Pearson shall happen to intermarry until the youngest child living of the said Martha Pearson shall attain his or her age of twenty one years And subject with or without prejudice to the trusts aforesaid it is hereby declared that the said hereditaments and premises hereinbefore assigned shall be held Upon Trust for the child or children of the said Martha Pearson living at her death and such issue then living or her child or children then deceased as either before or after her decease whether a child or children or issue being males shall attain the age of twenty one years or being females shall attain that age or marry to take if more than one in equal shares according to the Stocks and not according to the number of individuals and such issue also taking equally and by way of representation and after the decease of their respective parents and for the executors administrators and assigns of such child or children and issue respectively And if there shall not be any child or issue of the said Martha Pearson who shall attain a vested interest under the trusts aforesaid Then subject to the other trusts aforesaid the said trust premises shall be held upon the Trusts following, that is to say

As to one undivided half part or share thereof Upon trust for the said David Richmond his executors administrators and assigns absolutely And as to the other half part or share thereof In trust to pay the rents and profits thereof unto the said Mary Richmond during her life but during any coverture for her sole and separate use and free from marital control and engagements but without any power for her to anticipate the growing payments thereof. And from and after the decease of the said Mary Richmond In trust for the husband of the said Mary Richmond who may happen to survive her until the youngest child living of the said Mary Richmond shall attain his or her age of twenty one years And subject to the trusts aforesaid it is hereby declared that the said last mentioned half part or share and premises shall be held Upon trust for the child or children of the said Mary Richmond living at her death and such issue then living of her child or children then deceased as either before or after her decease whether a child or children or issue being males shall attain the age of twenty one years or being females shall attain that age or marry to take if more than one in equal shares according to the Stocks and not according to the number of individuals and such issue also taking equally and by way of representation and after the decease of their respective parents and for the executors administrators and assigns of such child or children and issue respectively And if there shall not be any child or issue of the said Mary Richmond who shall attain a vested interest under the trust aforesaid then subject to the other trusts aforesaid the said last mentioned half part or share and premises shall be held upon trust for the said David Richmond his executors administrators and assigns absolutely

And this Indenture further witnesseth that in further pursuance of the said division and in consideration of the natural love and affection which the said Joseph Richmond hath and beareth towards the said Mary Richmond his daughter and for divers other good causes and considerations him thereunto moving He the said Joseph Richmond Hath given And by these presents doth give grant and convey unto the said David Richmond and his heirs All that messuage tenement or dwellinghouse called Syke House with the barn and other outbuildings to the same adjoinging and belonging And all those six closes or parcels of ground and Plantations adjoining thereto containing together by estimation eleven acres be the same more or less in the occupation of Thomas Webster And also all those four closes or parcels of ground immediately adjoining the lastly described premises containing together nine acres be the same more or less in the occupation of the said Joseph Richmond All which said messuage closes or parcels of ground and hereditaments are situate at Laverton in the Parish of Kirkby Malzeard aforesaid and were devised to the said Joseph Richmond in fee simple by the last Will and Testament of his late grand father David Richmond deceased Together with a right of foot and carriage way as now used through and over the lands and premises of the said Joseph Richmond to Laverton Intack aforesaid Together with all outhouses buildings erections fixtures ways passages watercourses liberties privileges easements advantages and appurtenances to the said messuage closes or parcels of ground and hereditaments or any of them appertaining or with the same or any of them now or heretofore demised occupied or enjoyed or reputed or known as part parcel or member of them or any of them or appurtenant thereto And all the estate right title and interest property claim and demand whatsoever of him the said Joseph Richmond into and out of the same premises and every part thereof

To have and to hold the said messuage or dwellinghouse closes or parcels of ground and all other the hereditaments lastly hereinbefore described with the appurtenances (Subject and always reserved unto the said Joseph Richmond his heirs and assigns a right of foot and carriage way as now used from Laverton Intack aforesaid to the Highroad leading to Pateley Bridge in the same County) Unto the said David Richmond and his heirs To the uses following, that is to say

To the use of the said David Richmond his executors and administrators during the life of the said Mary Richmond Upon trust to pay the rents and profits thereof to her without impeachment of waste but so that during any coverture the same be paid to her for her sole and separate use and free from marital control and engagements but without any power for her to anticipate the growing payments thereof And from and after the decease of the said Mary Richmond To the use of all and every the child and children of the said Mary Richmond equally to be divided between or among them share and share alike as tenants in common and of the heirs of the body and bodies of all and every such child and children respectively And in case there shall be a failure of issue of any one or more of such children Then to as well the original share or shares of as the share or shares surviving or accruing to such last mentioned child or children or his or her or their issue To the use of all other the children of the said Mary Richmond equally to be divided between or among them share and share alike as tenants in common and of the heirs of their respective bodies issuing And in case all such children but one shall happen to die without issue or if there shall be but one such child then to the use of such one child and the heirs of his or her body And in default of such issue As to one equal half part or share of and in the same messuage closes or parcels of ground and hereditaments To the use of the said David Richmond his heirs and assigns for ever And as to the other half part or share thereof To the uses following, that is to say

To the use of the said David Richmond his executors and administrators during the life of the said Martha Pearson upon trust to pay the rents and profits thereof to her without impeachment of waste but so that any coverture the same be paid to her for her sole and separate use and free from marital control and engagements but without any power for her to anticipate the growing payments thereof And from and after the decease of the said Martha Pearson To the use of all and every the child and children of the said Martha Pearson equally to be divided between or among them share and share alike as tenants in common and of the heirs of the body and bodies of all and every such child and children respectively And in case there shall be a failure of issue of any one or more of such children Then as to as well the original share or shares of as the share or shares surviving or accruing to such last mentioned child or children or his her or their issue To the use of all other the children of the said Martha Pearson equally to be divided between or among them share and share alike as tenants in common and of the heirs of their respective bodies issuing And in case all such children but one shall happen to die without issue or if there shall be but one such child then To the use of such one child and the heirs of his of her body And in default of such issue To the use of the said David Richmond his heirs and assigns for ever

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first herein written
Joseph Richmond
Signed sealed and delivered (being first duly stamped) by the within named Joseph Richmond in the presence of Henry Calvert Solicitor Masham
A Malcolm Bateson his Clerk