Low Place or Dallow Farm. 25th Nov.1858
This in an Indenture between Ann Robinson of Carlsmoor and Benjamin Richmond of Bramley.
This Indenture made the 25th day of November in the year of our Lord 1858. Between John Horsman of North Tanfield in the Parish of West Tanfield in the County of York, Farmer of the 1st part, Ann Robinson late of Monkton Moor in the township of Bishop Monkton in the said County and now residing at Carlsmoor in the Parish of Kirkby Malzeard in the said County, Widow of the 2nd part
John Robinson late of Monkton Moor aforesaid and now of Emscote near Warwick in the County of Warwick, Inn keeper of the 3rd part and Benjamin Richmond of Bramley in the Parish of Kirkby Malzeard aforesaid, Farmer of the 4th part Whereas Henry Robinson late of Carlsmoor aforesaid, Yeoman, deceased, made and duly executed his last Will and Testament in writing bearing date the 26th day of December 1836 being then and continuing thenceforth until his decease being possessed of the leasehold messuage lands and hereditaments hereinafter described and assigned and thereby gave and bequeathed the same to his nephew John Robinson (since deceased) the son of his (testators) Brother, John Robinson of Monkton Moore aforesaid Subject to and charged with the payment of an annuity of £12 per annum unto Elizabeth Barker (also since deceased) during her life And the said testator appointed Joseph Barker and the said John Robinson deceased, Executors of his said Will who duly proved the same in the Peculiar Court of Masham in the said County of York on the 21st day of January 1837.
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And whereas the said John Robinson deceased made and duly executed his last Will and Testament in writing bearing date the 22nd day of February 1843 whereby he gave and bequeathed to his Son the said John Robinson party hereto amongst other hereditaments the leasehold messuage land and hereditaments hereinafter described and assigned by the description of “All that Dwellinghouse or tenement lands and hereditaments called Low Place or Dallow Farm, situate in Dallowgill in the Parish of Kirkby Malzeard aforesaid and then in the occupation of his (the said testator’s) Son Henry Robinson” with the appurtenances To hold the same and unto the said John Robinson party hereto his heirs executors administrators and assigns for and during all the said testator’s estate term and interest therein Subject to the payment of his mortgage and other Debts (except a certain mortgage Debt thereinafter mentioned) And also to the payments of the said Annuity of £12 per annum charged on his said estate called Low Place or Dallow Farm to the said Elizabeth Barker for her life and Subject thereto upon trust to pay to or otherwise permit and suffer his wife the said Ann Robinson to have and take the rents and profits thereof during the term of her natural life in case she should so long remain his Widow and Subject thereto and then to and for the use of himself the said John Robinson party hereto his heirs executors administrators and assigns absolutely for all the said testators estate therein And the said testator appointed his said Sons John Robinson and Henry Robinson joint Executors of his said Will
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And whereas the said testator died on the 16th day of May 1843 without having revoked or altered his said Will and the same was proved at York on the 11th day of November in the same year by his executors therein named. And whereas by an Indenture bearing date the 22nd day of February 1844 and made between the said John Robinson party hereto of the 1st part and the said Ann Robinson of the 2nd part and Joseph Waite therein described of the 3rd part, the said John Robinson party hereto did assign and the said Ann Robinson did release unto the said Joseph Waite The leasehold messuage land and hereditaments hereinafter described and assigned
To hold the same unto the said Joseph Waite his executors administrators and assigns from thenceforth for and during the residue then to come and unexpired of two several terms of 1500 years and 950 years therein and all the estate and interest of the said John Robinson therein Subject nevertheless to the payment of the said Annuity to the said Elizabeth Barker and to a Proviso for redemption of the said premises by the said John Robinson party hereto in payment to the said Joseph Waite of the sum of £250 and interest at the time and in manner therein mentioned.
And whereas the said Elizabeth Barker died on or about the 7th day of February 1854 and was interred at Kirkby Malzeard aforesaid. And whereas by an Indenture
bearing date the 22nd day of May 1855 and made between the said Joseph Waite of the 1st part, the said John Robinson of the 2nd part and the said John Horsman of the
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third part, the said Joseph Waite did assign and the said John Robinson party hereto did assign and confirm unto the said John Horsman The leasehold messuage land and hereditaments hereinafter described and assigned To hold the same with the appurtenances Unto the said John Horsman his executors administrators and assigns thenceforth for and during the residue then to come and unexpired of the said two several terms of 1500 years and 950 years therein and all the estate and interest of the said Joseph Waite and John Robinson party hereto therein Subject to nevertheless to a Proviso or agreement for redemption of the said premises by the said John Robinson party hereto on the payment to the said John Horsman of the sum of £450 and interest at the time and in manner therein mentioned. And whereas the principal sum of £450 and no more remains due unto the said John Horsman under or by virtue of the said Indenture of the 22nd day of May 1855 all interest for the same having been paid up to the day of the date of these presents as he the said John Horsman doth acknowledge. And whereas the sum of £450 was be???ed by the said John Robinson party hereto of the said John Horsman for the purpose of paying certain Debts due from the estate of his late Father the said John Robinson deceased and the said John Horsman having called in and required payment of the said sum of £450 and the said John Robinson party hereto requiring money to pay of and discharge certain other debts due
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from the estate of his Father the said John Robinson deceased, he the said John Robinson party hereto with the privity and consent of the said Ann Robinson lately contracted with the said Benjamin Richmond for the absolute sale to him of the said leasehold messuage land and hereditaments hereinafter described and assigned free from incumbrances at or for the price or sum of £660 Now this Indenture witnesseth that in pursuance of the said contract and in consideration of the sum of £660 of lawful money of the United Kingdom paid by the said Benjamin Richmond on the execution of these presents in the manner following that is to say, the sum of £450 to the said John Horsman and the sum of £210 to the said John Robinson party hereto and Ann Robinson the receipt of which sums respectively the said several persons to whom the same respectively are hereinbefore mentioned to be paid do hereby respectively acknowledge and of and from the same respectively do hereby acquit and release the said Benjamin Richmond his executors administrators and assigns The said John Horsman and at the request and by the direction of the said John Robinson party hereto (testified by his executing these presents), Doth hereby assign and release, and the said John Robinson party hereto and Ann Robinson Do and each of them Doth hereby grant bargain sell alien and assign Unto the said Benjamin Richmond his executors administrators and assigns All that messuage dwellinghouse or tenement with the Barn, Stables and outbuildings
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and gardens attached thereto together with the four closes or parcels of ground adjoining thereto called Back Garth, Two Shepherd Acres and Calf Garth containing altogether by estimation 6a more or less Also all that close or parcel of ground called the Banks containing by estimation 3a more or less And also all those four closes or parcels of ground called North Allotment containing together 8a be the same more or less which were formerly part of Carlsmoor pasture All which said premises are situated at Carlsmoor in the Township of Grewelthorpe in the Parish of Kirkby Malzeard in the said County of York, and are known by the name of “Low Place” or “Dallow Farm” and are in the occupation of Henry Robinson as tenant thereof Together with all houses, outhouses buildings, fences, ways, paths, passages, water, watercourses, easements, privileges, commons, common rights, members and appurtenances whatsoever to the said messuage land and hereditaments hereinbefore described and assigned belonging or appertaining or held used or enjoyed therewith or deemed taken or known as part or parcel thereof. And the Rents issues and profits thereof. And all the estate right, title, interest, claim and demand whatsoever of the said several persons party hereto of the 1st, 2nd and 3rd parts in to and out of the same premises expressed to be hereby assigned. And all Deeds, evidences and writings relating to or concerning the same premises now in the custody or power of the said several
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person, parties hereto of the 1st, 2nd, and 3rd parts or any of them or which they or any of them can or may obtain or procure without suit To have and to hold the said messuage or dwellinghouse closes or parcels of ground and hereditaments expressed to be hereby assigned unto the said Benjamin Richmond his executors administrators and assigns henceforth for and during all the residue and remainder now to come and unexpired of two several terms of 1500 years and 950 years therein And for and during all other the term and terms of years estate and interest of the said several persons parties hereto of the 1st, 2nd and 3rd parts and each of them therein and thereto. Subject nevertheless to the payment of the Rent (if any) and performance of the Covenants and agreements henceforth on the tenants or lessee’s part or behalf to be paid kept done and performed. And the said John Horsman and Ann Robinson hereby for themselves severally and respectively and for their respective heirs executors and administrators but so far only as concerns their own respective acts and deeds covenant and declare with and to the said Benjamin Richmond his executors administrators and assigns that they the said John Horsman and Ann Robinson respectively, have not at any time heretofore made, done, executed, committed or knowingly suffered or been privy to any act deed matter or thing whatsoever whereby or by reason or means whereof the said messuage or tenement, closes or parcels of ground and other the premises expressed to be hereby assigned or any part thereof are is can shall or may be surrendered, impeached, charged or in anywise incumbered. And the said John Robinson party hereto doth hereby for himself
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his heirs executors and administrators covenant promise and agree with and to the said Benjamin Richmond his executors administrators and assigns in manner following, (that is to say,) that the Rents (if any), and the Covenants and agreements on the part of the Lessee to be paid observed and performed are and have been well and truly paid observed and performed up to the day of the date of these presents. And that (notwithstanding any act deed matter or thing by the said John Robinson party hereto or any of his ancestors or predecessors in title made done committed or suffered to the contrary) they the said several persons parties hereto of the 1st, 2nd and 3rd parts or some or one of them have or hath at the time of the sealing and delivery of these presents, good right, full power and lawful and absolute authority to bargain sell and assign the said leasehold hereditaments and premises expressed to be hereby assigned with their appurtenances unto the said Benjamin Richmond his executors administrators and assigns in manner aforesaid and according to the time and intent and meaning of these presents. And further that it shall and may be lawful for the said Benjamin Richmond his executors administrators and assigns from time to time and at all times hereafter during the now residue of the said two several terms of 1500 years and 950 years respectively peaceably and quietly to enter into and upon and to have hold use occupy possess and enjoy the said leasehold hereditaments and premises expressed to be hereby assigned and to receive and take
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the rents issues and profits thereof to and for his and their own use and benefit without any let suit trouble denial eviction ejection interruption claim or demand whatsoever from or by the said John Robinson party hereto or any person lawfully or equitably claiming or to claim by from through under, or in trust for him or by from through or under any of his ancestors. And that free and clear and freely and clearly acquitted exonerated and discharged or otherwise by the said John Robinson party hereto his heirs executors or administrators well and sufficiently saved harmless and kept indemnified from and against all gifts grants, bargains, sales, leases, mortgages, judgements, extents, executions, annuities, rents and arrears of rent forfeitures, estates, titles, charges and incumbrances whatsoever at any time or times heretofore or to be at any time or times hereafter had made done committed or suffered by the said John Robinson party hereto or any person or persons lawfully or equitably claiming by from through under or in trust for him or by from through or under any of his ancestors (save and except the rents covenants and agreements which from the day of the date of these presents on the part of the Lessee’s their executors administrators or assigns are or ought to be paid observed and performed And moreover that the said John Robinson having or claiming or who shall or may have or claim any estate, rights, title, trust or interest in to or out of the said leasehold hereditaments and premises expressed
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to be hereby assigned or any part thereof from by or under and in trust for him or by him through or under any of his ancestors shall and will at any time or times hereafter during the residue of the said several terms of 1500 years and 950 years at the request costs and charges of the said Benjamin Richmond his executors administrators and assigns make do and execute or cause or procure to be made done and executed all such further and other acts deeds assignments and assurances whatsoever for the better more perfectly or satisfactorily assigning and assuring the same hereditaments and premises with their appurtenances unto the said Benjamin Richmond his executors administrators and assigns during the residue which shall be then to come and unexpired of the said several terms of 1500 years and 950 years therein as by the said Benjamin Richmond his executors administrators or assigns or his or their Counsel in the Law shall be reasonably advised and required. And the said Benjamin Richmond doth hereby for himself his heirs executors and administrators covenant with the said John Robinson party hereto his executors administrators and assigns that he the said Benjamin Richmond his executors administrators and assigns shall and will henceforth from time to time and at all times pay the Rent (if any) henceforth to become payable and observe and perform all and every the covenants conditions and agreements in respect of the said leasehold hereditaments and premises on the part of the lessee his executors administrators or assigns henceforth to be observed and performed. And also shall and will from time to time and at all times hereafter keep the said John Robinson party hereto his heirs executors and administrators and his and their estates and effects indemnified against all actions suits
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proceedings, costs, charges, damages, claims and demands whatsoever (if any) which shall or may be incurred or sustained by reason or on account of non payment of the said Rent or any part thereof of the breach non observance or non performance of the said covenants conditions and agreements or any of them. In witness whereof the parties to these presents have hereunto set their hands and seals the day and year hereinbefore written Ann Robinson Benjamin Richmond
John Horsman John Robinson
Signed sealed and delivered (being first duly stamped) by the within named
John Robinson party hereto and Benjamin Richmond in the presence of
John Calvert. Henry Calvert, Solicitors, Masham
Signed sealed and delivered by the within named John Horsman in the presence of Henry Calvert. W. Gatenby
Signed sealed and delivered by the within named Ann Robinson in the presence of Henry Calvert
Received from the within named Benjamin Richmond the sum of } £450
four hundred and fifty pounds as within expressed. As witness }
my hand John Horsman
Witnesses Henry Calvert. W. Gatenby
Received from the within named Benjamin Richmond the sum of } £210
two hundred and ten pounds as within expressed. As witness }
our hands £660
Witness to both the signatures
Henry Calvert John Robinson. Ann Robinson
A Memorial was Registered at Wakefield the first day of December 1858 at two in the afternoon in Book V. H. page 433 number 521 John Edward Dibb, Deputy Registrar
Transcribed by Sheila K Douglas from the Making of Mashamshire’s
Edmundson and Gowland papers