1799 Indenture between John Carter & Thomas Waller

This Indenture          made the eighteenth day of December in the fortieth year of the Reign of our sovereign Lord George the third by the Grace of God of Great Britain

France and Ireland King Defender of the Faith etc., And in the Year of our Lord One Tthousand seven hundred and ninety nine

Between  John Carter late of Ipswich and now of Woodbridge in the County of Suffolk Gentleman and Mary Ann his wife

of the one part and Thomas Waller of Sutton in the said County Gentleman of the other part Whereas by Indentured of Lease and

Release made respectively the twenty second and twenty third days of October  in the Year of our Lord One thousand seven hundred and ninety four the Release being of four

parts and made between Lucy Crabb of Kesgrave in the County of Suffolk Widow and Relict of Denny Crabb late of Kesgrave aforesaid Gentleman deceased and one of

the two Grand-daughter and Devisees named in the last Will and Testament of Richard Frost late of Playford in the said County Gentleman also deceased of the first part the

said John Carter (by the description of John Carter of Ipswich aforesaid Gentleman eldest Son of Sarah the late deceased Wife of  The reverend John Carter of Wickham

Market in the said County and which said Sarah was the other Grand-daughter and Devisee named in the said Will of the said Richard Frost) of the second part

Robert Baxter of Furnivals Inn in the City of London  Gentleman of the third part and Stafford Squire Baxter of Furnivals Inn aforesaid Gentleman of the fourth part and

by virtue of a Common Recovery suffered in pursuance thereof in Michaelmas Term then next following So much and such part and parts as was freehold of and in certain

Lands and Hereditaments  therein and herein after described and mentioned to be situate lying and being in Waldringfield Helmly Newbourn and Martlesham in the said County

of Suffolk and to be then in the  tenure or occupation of the aforesaid Lucy Crabb her Undertenants or Assigns with the Appurtenances were conveyed and assured (Subject

to an Annuity or clear yearly Rent charge of twenty shillings to be issuing and payable thereout during the life of the said Lucy Crabb to the said John Carter

and his Assigns} To the Use of the said Lucy Crabb and her Assigns during the term of her natural life without  power of commiting Waste but with full

Power to fell Timber for Repairs and not otherwise With Remainder immediately after her decease To the Use of the said John Carter his Heirs and Assigns forever

And by the said Indenture of four parts the said John Carter and Lucy Crabb covenanted that they would at or before the next general or special Courts Baron to

be holden for the several Manors of Martlesham with Newbourn and Waldringham with Hilton by such good and effectual Surrenders customary Recoveries or other

acts deeds ways and means as the several and respective Customs of the said Manors should require duly and effectually convey limit  and assure All and singular

the customary and copyhold Lands Tenements and Hereditaments of them the said Lucy Crabb and John Carter or either of them which were holden of the said

Manors respectively and were parts and parcels of the said freehold Hereditaments therein and herein after mentioned and intended to be hereby granted and released To the

Uses therein mentioned or refered to concerning the same And whereas the said John Carter hath contracted and agreed with the said Thomas Waller for the

absolute sale and conveyance unto him of the Reversion or Remainder in Fee Simple of him the said John Carter expectant upon the Estate for Life of the

said Lucy Crabb of and in the Lands and Hereditaments aforesaid and herein after particularly mentioned and described and intended to be hereby granted and released and

covenanted to be surrendered respectively free from all incumbrances  except the Chief Rents payable in respect of the same at or for the price or Sum of one thousand

Pounds Now this Indenture witnesseth that in pursuance of the said Agreement and in consideration of the sum of One thousand Pounds of lawful Money

of Great Britain to the said John Carter in hand well and truly paid by the said Thomas Waller at or before the sealing and delivery hereof the Receipt whereof

the said John Carter doth hereby acknowledge and thereof and of and from the same and every part thereof doth fully clearly and absolutely acquit exonerate and

discharge the said Thomas Waller his Heirs Executors and Administors and every of them forever by these presents They the said John Carter and Mary-Ann his

Wife have and each of them hath granted bargained sold alien revised released confirmed and by these presents do and each of them doth grant bargain

sell alien revise release and confirm unto the said Thomas Waller (in his actual possession now being by virtue of a Bargain and Sale to him thereof made by

the said John Carter  for the term of one whole year in consideration of five shillings by Indenture bearing date the day next before the day of the date of these

presents commencing from the day next before the day of the date of the same Indenture Bargain Sale and by force of the Statute for transferring

Uses into possession ) and to his Heirs All that the Reversion or Remainder  in Fee Simple of him the said John Carter expectant upon the aforesaid

Estate for Life and to take effect in possession immediately from and after the decease of the aforesaid Lucy Crabb of and in All such and so much as

be freehold and charterhold and not copyhold of and in All  those Lands Meadows Pastures and Grounds with the Houses Outhouses Barn Stable Yards and

Garden to the same belonging or used or occupied therewith or accepted reputed occurred taken or known as part parcel or member thereof with them and every

of their Appurtenances containing in the whole by admeasurement fifty two Acres three Roods and seventeen Perches And also of and in four undivided tenth parts or shares (the whole in ten equal parts or shares to be divided) of & in All that Marsh called the Common Marsh containing by admeasurement (including the Wall & Salts contiguous  thereto)  seventeen acres one rood and thirty three perches more or less and as the same Premises

are situate lying and being in Waldringfield Helmly Newbourn and Martlesham aforesaid some or one of them heretofore inthe occupation of John

Glanfield and now in the tenure or occupation of the said Lucy Crabb or her Assigns And all Ways Waters Watercourses Commons and

Common of Pasture Aldercarrs Trees Mounds Fences Liberties Privileges Easements Profits Commodities Emoluments Advantages Heredits Rights Members

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(and)

And      Appurtenances whatsoever to the said Lands and Hereditaments and Premises belonging or appertaining or therewith used occupied or enjoyed or accepted reputed secured

taken or known as or to be part parcel or member thereof or of any of them And the Reversion and Reversions Remainder and Remainders

Rents Issues and Profits thereof and of every part and parcel thereof And all the Estate Right Title Use Interest Trust Equity Property

Claim and Demand whatsoever of them the said John Carter and Mary-Ann his Wife in possession reversion remainder expectancy or otherwise of in to or

out of the said Lands Hereditaments and Premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances Together

with all Deeds Evidences and Writings in the custody or power of the said John Carter touching or concerning the same and true and attested Copies of all

such other Deeds Evidences and Writings as relate to the same Premises  jointly with other Hereditaments of greater value than those hereby granted and released

Copies to be now made and written at the cost and charge of the said John Carter but all future Copies to be Made and written at the cost and

charge of the said Thomas Waller his Heirs or Assigns To have and to hold all that the said Reversions and Remainders of him the said

John Carter expectant upon the aforesaid Estate for Life and to take effect in possession from and immediately after the death of the said Lucy Crabb of and

In the same Lands Hereditaments and  Premises with their and every of their Appurtenances unto the said Thomas Waller his Heirs and Assigns To the only and

Absolutely Use and Behoof of the said Thomas Waller his Heirs and Assigns forever and to and for no other  use intent  or purpose whatsoever

And for the better and more effectually conveying and assuring the freehold  and  charterhold part and parts of the said Lands Hereditaments and Premises hereby

granted bargained sold and released and all the Estate and Interest of the said John Carter and Mary- Ann his Wife or either of them in and to or out of

the same with their and every of their  Appurtenances unto and to the use of the said Thomas Waller his Heirs and Assigns as aforesaid He the said

John Carter doth hereby for himself his Heirs Executors and Administrators and for the said Mary-Ann his Wife covenant promise and agree to and with

the said Thomas Waller his Heirs and Assigns in manner following (that is to say) that they the said John Carter and Mary-Ann his Wife shall and will

at the Cost and Charge of the said John Carter his Heirs or Assigns as of Hilary Term now next ensuing or of or in some subsequent Term next after he

the said John Carter or his Heirs shall be thereto requested by the said Thomas Waller or his Heirs acknowledge and levy before his Majesty’s Justices of the

Court of Common Pleas at Westminster unto the said Thomas Waller and his Heirs one or more Fine or Fines Sur Comuzance de droit etc  with Proclaimations

to be thereupon had according to the usual course of Fines levied for e[ver]y conveyance and assurance of Lands or the Reversion or Remainder thereof and the form of

the Statute in such use made and provided of the said Reversion or Remainder of him the said John Carter expectant  upon the Estate for Life

and to take effect in possession immediately from and after the decease of the said Lucy Crabb of and in The Entirety of all and singular

the Lands Hereditaments and Premises herein before granted and released or expressed or intended so to be with their and every of their Appurtenances

by such apt aqnd convenient name and names quantities qualities number of acres and other descriptions as shall be proper to describe and

comprehend the same When said Fine or Fines so as aforesaid or in any other manner or at any other time or times  to be levied and

acknowledged of the said Reversion or Remainder  expectant upon the Estate for Life and to take effect in possession immediately from and after the

death of the said Lucy Crabb of the Entirety of the said Lands Hereditaments and Premises and all an every other Fine and Fines Common

Recovery and Recoveries Conveyances and Assurance in the Law whatsoever heretofore had made levied acknowledged suffered and executed or to be had made

levied acknowledged suffered and executed of the same Premises or any part or parts thereof by or between the said parties to these presents or

any of them or whereunto they or any of them alone or jointly with any other person  or persons  have or hath been or is are or shall

be party or parties privy or privies shall be and enure and shall be adjudged occurred construed and taken to have been and to be and enure

and so by all the said parties to these presents are hereby declared to have been  and to be and enure and the Counsee and Counsees in such

Fine or Fines named and his and their Heirs shall stand and be seized of the same Premises and of every part and parcel thereof with the

Appurtenances To the only and absolute use and behoof of the said Thomas Waller his Heirs and Assigns forever and to and for no other use

intent or purpose whatsoever And  the said John Carter doth for the considerations aforesaid hereby for himself his Heirs Executors and Administrators

also covenant promise and agree to and with the said Thomas Waller his Heirs an Assigns in manner following (that is to say) that he the said

John Carter  and Mary-Ann his Wife together with all other necessary parties shall and will at the proper cost and charge of the said Thomas

Waller his Heirs or Assigns (except as to any Deputation or Deputations which may be necessary for the taking such Surrender or Surrenders which are to

be paid for by the said John Carter at or before the next general or special Courts Baron to be holden for the said several  Manors of Waldringfield with Hilton and

Martlesham with Newbourn by such good and effectual Surrenders customary Recoveries or other Acts deeds ways and means as the several and respective Customs of the said

several and respective Manors and the tenure of the Premises require duly and effectually convey and assure All that the Reversion or Remainder of him the sd John Carter

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Expectant           upon the capital Estate for life and to take effect in Possession immediately from and after the decease of the said Lucy Crabb of and in All and singular

copyhold or customary part and parts of the said Laws and Hereditaments and Premises hereby granted and released or expressed or intended so to be with their

Appurtenances unto and To the only and absolute use and behoof of the said  Thomas Waller and of his Heirs and Assigns for ever

And that in the mean time and until such Surrender or Surrenders shall be so made and passed as the aforesaid He the said John Carter and Heirs and all

and every other Person or Persons claiming through under or in trust for him or them who is are or shall be seized of the said copyhold Premises or any

part thereof shall stand and so seized thereof and of every part thereof with the Appurtenances In trust for the said Thomas Waller his Heirs and Assigns

forever and to and for no other use trust intent or purpose whatsoever And  the said John Carter for himself his Heirs and Executors and Administrators doth

hereby further covenant promise and agree to and with the said Thomas Waller his Heirs and Assigns in manner following (that is to say) That for

and notwithstanding any matter or thing whatsoever by him the said John Carter or by the said Lucy Crabb or any of their Ancestors made done

committed or wittingly or willingly suffered to the contrary he the said John Carter now at the time of the sealing and delivery hereof is lawfully rightfully and

absolutely seized of the Reversion or Remainder in Fee Simple expectant upon the Estate for Life and to  take effect in Possession immediately from and after the

decease of the said Lucy Crabb of and in all both part and parts to be freehold charterhold of the said Laws Hereditaments and Premises hereby granted

and released or expressed or intended so to be and of every part and parcel thereof with their Appurtenances of a good sure lawful absolute indefeasible and

Estate of Inheritance in Fee Simple and also of all both part and parts thereof as for copyhold or of customary tenure and herein before covenanted to be

surrendered according to the Custom and Customs of the Manor and Manors herein before mentioned whereof the same are holden without any Reversion and Remainder

trust limitation power of reparation use or uses or any other matter restraint or thing whatsoever to alter change charge revoke make-void issue  incumber or

determine the same And that (for and not withstanding any such Act matter or thing as foresaid) he the said John Carter now hath in himself good Right

full power and lawful and absolute authority to grant bargain sell release and convey and ratify confirm the said Reversion or Remainder of all the said

freehold and charterhold part and parts of the said Laws Hereditaments and Premises and every part thereof with the Appurtanences and to surrender all such part

and parts thereof as to be  copyhold or of customary tenure with their Appurtenances unto and to the use of the said Thomas Waller his Heirs and Assigns in

manner aforesaid And that it shall and maybe lawful to and for the said Thomas Waller his Heirs and Assigns from time to time and at all times from

and immediately after the decease of the said Lucy Crabb to enter into have hold use occupy possess and enjoy the Entirity Lands Hereditaments and

Premises herein before mentioned and as well freehold as copyhold and to receive and to take the Rents Issues and Profits thereof and of every part and parcel

thereof to and for his and their use and benefit without the lawful let suit trouble denial eviction ejection or interruption of or by the said John Carter and

Mary-Ann his Wife or either of them their or either of their Heirs or Assigns or of or by any other Person or Persons lawfully or equitably claiming

or to claim any estate right title trust or interest of in to or out of the same Premises or any part or parcel thereof by from or under or in trust for

him or them or the said Lucy Crabb or their or any of their Ancestors And that free and clear and freely and clearly acquited exonerated and discharged

or otherwise by the said John Carter his Heirs Executors or Administrators well and sufficiently saved defended kept harmless and indemnified of from and against

all and all manner of former and other Gifts Grants Bargains Sales Leases Releases Mortgages Jointures Dowers Thirds Right and Title of Dower and Thirds

Uses Trust Wills Settlements Intails Statute Judgements Recognizances Extents  Forfeitures Reentries Cause and Causes of Forfeiture and Reentry Executions Debts Legacies

Sum and Sums of Money Annuities Rents and Arrears of Rent and Rents and of from and against all other Estates Titles Troubles Charges Lieus and

Incumbrances whatsoever has made done committed or suffered or to be had made done committed or suffered by the said John Carter and Lucy Crabb or

Either of them their Heirs or Assigns or by any Person or Persons claiming or deriving or to claim or derive by from through or under in

trust for him her them or any of them or any of their Ancestors or by or through his her their or any of their acts means assent consent

default priority or procurement (other than and except the Life – estate of the said Lucy Crabb of and in the said Hereditaments and Premises as

aforesaid) And moreover  that be the said John Carter and his Heirs and all and every other Person and Persons  having or lawfully

equitably claiming or who shall or  may have or lawfully or equitably claim any Estate rights title trust or interest of in to or out of the aforesaid Lands

Hereditaments and Premises herein before granted and released and covenanted to be surrendered respectively or expressed or intended so to be or any part thereof

with the Appurtenances by from or under or in trust for him the said John Carter his Heirs or Assigns or the said Lucy Crabb or any of their

Ancestors (other than and except the said Lucy Crabb in respect of her before mentioned Estate for Life therein) shall and will from time to time and

at all times hereafter upon every reasonable request and at the proper cost and charge in the Law of the said Thomas Waller his Heirs or Assigns

make do acknowledge levy suffer and execute or cause or procure to be made done acknowledged levied suffered and executed all and every such further

(and)

 

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And          other lawful and reasonable Act and Acts Thing and Things Deeds Devices Covenants Surrenders Assignments and Assurances in the Law whatsoever for the further

better more perfectly and absolutely granting conveying surrender and assuring the immediate Reversion and Remainder expectant as aforesaid of the Entirety

of the said Lands Hereditaments and Premises as well freehold as copyhold and every part and parcel thereof with their and every of their Rights

Members and Appurtenances unto and to the use of the said Thomas Waller his Heirs and Assigns forever for the same by fine Feoffment Common Recovery or otherwise

howsoever as by the said Thomas Waller his Heirs or Assigns or his or their Counsel learned in the Law shall be reasonably devised or advised and required

So as such further Assurance or Assurances contain in them no further or other Warranty or Covenant than against the Act or Acts of the Person or Persons

his her or their Heirs who shall be required to make the same and so as the Person or Persons who shall be required to make such further Assurance or

Assurances be not compelled or compellable for the making or doing thereof to go or travel from his her or their respective Dwellings or places of abode

And whereas several of the Title – Deeds Evidences and Writings belonging to the said Hereditaments and Premises herein before granted and released and

covenanted to be surrendered respectively concern jointly with them divers other Messuages Lands and Hereditaments of the said John Carter of greater value than the

Premises intended to be hereby conveyed and therefore it hath been agreed and is hereby agreed between and by the said parties to these presents that such Deeds

Evidences and Writings shall remain in the custody and hands of him the said John Carter his Heirs and Assigns but to be produced from time to time

for the use and benefit of the said Thomas Waller his Heirs and Assigns for the purposes herein after mentioned Now therefore this Indenture

further witnesseth that for the considerations aforesaid and in pursuance of the said last mentioned Agreement He the said John Carter doth hereby for himself

his Heirs Executors and Administrators further covenant promise and agree to and with the said Thomas Waller his Heirs and Assigns that he the said John

Carter his Heirs and Assigns shall and will from time to time and at any time or times hereafter at the request costs and charges of the said Thomas

Waller his Heirs or Assigns (unless prevented by Fire or other inevitable accident) produce and show forth or cause or procure to be produced and shown

forth unto the said Thomas Waller his Heirs and Assigns or at any Trial or Hearing or Examination of Witnesses in any Court or Courts of Law

or  Equity or to his or their Counsel Attorney Solicitor or Agent or otherwise as occasion shall require the several Title-Deeds Evidences and Writings relating to or

concerning the hereby granted and released Hereditaments and Premises every or any of them which are mentioned and specified in the Schedule hereunder written

and at the request costs and charges of the said Thomas Waller his Heirs and Assigns permit Copies thereof to be made and taken for the evidencing

maintaining and defending the Title of the said Thomas Waller his Heirs and Assigns to the said Heredit[ament]s and Premises hereby granted and released and

covenanted to be surrendered respectively or intended so to be unto and to the use of him and them as aforesaid Provided always and it is hereby

further agreed by and between the said parties to these presents that if the said John Carter his Heirs and Executors or Administrators shall at any time

hereafter sell and absolutely dispose of all or the greater part of his said other Messuages Lands and Hereditaments and shall deliver to the Purchaser

or Purchasers thereof the several Indentures and Writings herein after mentioned and covenanted to be produced and shall thereupon at his or their own

costs and charges obtain from such Purchaser or Purchasers his her or their Heirs or Assigns a Covenant similar to and of equal effect with the

Covenant herein before contained for production of the said Deeds duly executed in the presence of and attested by two credible Witnesses for the production of

the same Deeds and shall deliver such Covenant be executed and attested as aforesaid to the said Thomas Waller his Heirs or Assigns, then and in

such case and from thenceforth that the said Covenant herein before contained for the production of the said Deeds shall thereupon be utterly null and void

to all intents and purposes  whatsoever (any thing herein contained to the contrary thereof notwithstanding  In Witness whereof the said parties

to these presents their hands and seals have hereunto subscribed and set the day and year first above-written

 

The Schedule to which the above or before written Deed refers

22 and 23 October 1794

Indentures  of Lease and Release of those dates respectively the Lease made between Lucy Crabb of Kesgrave in the County of Suffolk Widow and Relict of

Denny Crabb of Kesgrave aforesaid deceased and one of the two Grand-daughters and Devisees named in the last Will and Testament of Richard Frost late of Playford in

the said County Gentleman deceased and John Carter of Ipswich in the said County of Suffolk Gentleman (eldest Son of Sarah the late Wife of the Reverend John Carter of

Wickham-Market in the said County and which said Sarah was the other Grand-daughter and Devisee named in the said Will of the said Richard Frost) of the one part

and Robert Baxter of Furnivals Inn in the City of London Gentleman of the other part and the Release being of four parts and made between the said Lucy Crabb of the first part

the s[ai]d John Carter of the second part the said Robert Baxter of the third part and Stafford Squire Baxter of Furnivals Inn aforesaid Gentleman of the fourth part For the suffering a Recovery and declaring the Uses of the Premises mentoned in the following exemplification.

 

Michalmas-Term           Exemplification of a Recovery suffered of four Messuages eight Gardens Five hundred Acres of Land Forty Acres of Meadow thirty Acres of Pasture fifty 35.George the third     Acres of Furze and Heath & Heath Common of Pasture for all

manner of Cattle and Common of Turbary with the Appurt[enance]s in Kesgrave Great Bealings Little Bealings Otley Cretingham Waldringfield Newbourn Helmly Martlesham Earl Stonham Swefling & Rendham in the said County of Suffolk

 

Signed:    Jn^o Carter         Mary-Ann Carter

 

 

Outside front                                                                 1799

M^r John Carter & Ux            Release of Heredi

to                                        taments in Waldringfield in the

M^r Tho^s Waller                    County of Suffolk

 

Outside reverse

Received on the day and year first within                                               Sealed and delivered (being first duly

written of the within named Thomas Waller the                    £                stampt) in the presence of

Sum of One thousand Punds, being the                               1000                                   Joseph Bonington

Consideration – money within expressed to be by him                                                        Tho^s Glandfield jun^r

Paid to me the within names

Jn^o Carter

Witnesses                                                                                            As sealed and delivered (the Interlineation

Joseph Bennington                                                                                between the thirty seventh and thirty eighth

Tho^s Glanfield  jn^r                                                                                  Lines in the first skin of the within Deed

Having been first made) in the Presence of

W^m Robins Grays Inn