1805 Indenture

This Indenture            made the eleventh Day of October in the  forty fifth year of the Reign of our Sovereign Lord George the third by the Grace of

God of the United Kingdom of Great Britain and Ireland King Defender of the Faith And in the Year of our Lord one Thousand

Eight hundred and five Between Lucy Crabb of Kesgrave in the County of Suffolk Widow and Relict of Denny Crabb late of the

same place Gentleman deceased and one of the two Granddaughters and Devisees named in the last Will and Testament of Richard Frost of Playford in the said County

Gentleman also deceased of the first part John Wood of Woodbridge in the said County Gentleman, (a Trustee named and appointed By and on the part and Behalf of

Thomas Waller herein after named of the second part and Thomas Waller of Sutton in the same County Gentleman of the third part Whereas By Indentures of Lease and

Release Bearing Date respectively the twenty second and twenty third Days of October one thousand seven hundred and ninety four the Release Being made or expressed to be

made Between the said Lucy Crabb of the first Part John Carter Gentleman of the second Part Robert Baxter Gentleman of the third Part and Stafford Squire

Baxter Gentleman of the fourth Part and By a Common Recovery duly suffered in or as of Michaelmas Term in the thirty fifth year of the Reign of Kings George the

Third in Pursuant of the said Indenture of Release All such and so many and such Part and Parts as are of Freehold Tenure of and in among other Hereditaments

the Lands Meadows Pastures and Feeding Grounds herein after particularly mentioned with their Appurtenances  were conveyed and assured To the Use Intent and

purpose that the said John Carter his Heirs or Assigns might yearly upon Michaelmas Day in every Year during the Life of the said Lucy Crabb have receive and take

By and out of the Rents Issues and Profits of the said Premises one Annuity clear yearly Rent Charge or actual Sum of twenty Shillings of lawful Money of Great

Britain free from all Deductions and Beyond all Reprizes And subject as aforesaid To the rest of the said Lucy Crabb and her Assigns during the Term of her natural Life

without Power of committing Waste But with  full Power to fell timber for Repairs and not otherwise And from and after her Decease To the Use of the said John Carter his

Heirs and Assigns for ever And By the said Indenture of Release the said Lucy Crabb and John Carter covenanted with the said Robert Baxter and his Heirs that they the

said Lucy Crabb and John Carter respectively or their respective Heirs would at or before the then next General or Special Courts Baron to be holden for the Manors of

Martlesham with Newbourn and Waldringfield with Kirton and several other Manors therein particularly mentioned 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 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 or any of them and were part and parcel of the Freehold Hereditaments thereby granted

and released or of any of them or which had been usually holden with the same or any of them To such and the same Uses and for such and the same Intents and

Purposes Shares and Proportions as were then before declared and expressed concerning the Freehold Messuages Lands Tenaments or other Hereditaments wherewith such

Copyhold or Customary premises respectively had been usually holden or of which they had been usually reputed or Deemed as Part and Parcel or as nearly agreeable thereto as

the Nature of the Tenure and the Rules of Law or Equity would admit which Surrenders or other Assurances of the said Copyhold or Customary Hereditaments have been

duly made and executed accordingly And Whereas By Indentures of Lease and Release Bearing date respectively the seventeenth and eighteenth days of December one

thousand seven hundred and ninety nine and made or expressed to be made between the said John carter and Mary Ann his wife of the one part and the said Thomas

Waller of the other part For the consideration in the said Indenture of Release now in Recital mentioned the Reversion or Remainder in Fee simple immediately expectant

on the decease of the said Lucy Crabb of and in such of the Hereditaments herein after particularly mentioned as are Freehold was conveyed by the said John Carter

unto and to the use of the said Thomas Waller his Heirs and Assigns for ever And by the said Indenture  of Release the said John carter covenanted for himself and

Mary Ann his wife to surrender convey and assure All that the Reversion or Remainders of him the said John Carter immediately expectant on the decease of the

said Lucy Crabb  of and in such of the Hereditaments herein after particularly mentioned as are Copyhold To the use of the said Thomas Waller his Heirs and Assigns And

Whereas the said Lucy Crabb hath contracted and agreed with the said Thomas Waller for the absolute Sale to him the said Thomas Waller of all her Life Estate and Interest

of and in the said Lands Meadows Pastures Feeding Grounds and Hereditaments hereinafter particularly mentioned in consideration of the Sum of seventy

Pounds to be paid to her by the said Thomas Waller and also in Considerations of an Annuity of sixty pounds to be secured to her during her Life by the Bond or

Obligation of the said Thomas Waller And Whereas in pursuant and part performance of the said Agreement on the Part of the said Thomas Waller he the

said Thomas Waller hath this Day executed and given to the said Lucy Crabb a Bond or Obligation in writing bearing even date with these presents and is thereby become Bound

to the said Lucy Crabb in the penal Sum of one thousand and five hundred pounds with a Condition written under the said Bond or Obligation for making the same void on

Payment by the said Thomas Waller his Heirs Executors or Administrators to the said Lucy Crabb and her Assigns for and during the Term of her natural  Life of One

Annuity or clear yearly Sum of sixty pounds without any deduction or Abatement whatsoever for any present or future Taxes or Impositions or any other Matter Cause or

Thing whatsoever by four even or equal quarterly Payments on Lady Day (old Stile) Midsummer Day (old Stile) Michaelmas Day (old Stile) and Christmas Day (old Style)

in every year the first quarterly Payment of the said Annuity or yearly Sum to be made on Christmas Day (old Stile) next ensuing the Date of the said Bone and of these

presents if the said Lucy Crabb shall be then living And in Case the said Lucy Crabb Shall depart this Life on any other Day than one of the said quarterly Days of

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PAYMENT           then a proportional part of the said Annuity or yearly Sum to be paid to the Executors Administrators or Assigns of the said Lucy Crabb immediately

After her Decease for the Time which she the said Lucy Crabb shall have lived of the then current quarter of a Year including the day of her

Decease And Whereas the said \Thomas Waller for is desirous  that such of the Hereditaments herein after particularly mentioned as are Freehold should be conveyed To the Uses

herein after expressed or declared of or concerning the same Now this Indenture witnesseth that Pursuant and Part performance of the said Agreement on

the Part of the said \Lucy Crabb and in Consideration of the said Annuity or yearly Sum of sixty pounds secured by the said Bond or Obligation so given and executed

by the said Thomas Waller as herein before is mentioned And for and in Consideration of the Sum of seventy Pounds of lawful Money of Great Britain to the said Lucy Crabb

in hand well and truly paid by the said Thomas Waller at or immediately before the sealing and delivery of these Presents the Receipt of which said Sum of seventy pounds

the said Lucy Crabb doth hereby admit and acknowledge and of and from the same and every Part thereof doth acquit release and discharge the said Thomas Waller his Heirs

Executors Administrators and Assigns for ever by these Presents And also for and in consideration of the Sum of ten Shillings apiece of like lawful Money to the said Lucy Crabb and

Thomas Waller paid by the said John Wood at or before the sealing and delivery of these presents the Receipt whereof is hereby acknowledged She the said Lucy Crabb Hath

Granted bargained sold aliened released and confirmed And by these presents Doth (at the nomination and By the direction and Appointment of the said Thomas Waller testified by

his being a Party to and sealing and delivery of these Presents) grant Bargain sell alien release and confirm and the said Thomas Waller Hath Bargained sold and released and By

these presents Doth Bargain sell and release unto the said John Wood (in his actual possession now being by virtue of a Bargain and Sale to him thereof made by the said

Lucy Crabb and Thomas Waller in consideration of five Shillings apiece By an Indenture bearing date the day next before the day of the date of these Presents for the Term of one

whole Year commencing from the day next before the day of the date of the said Indenture of Bargain and Sale and By Force of the Statute made for transferring Uses into

possession) and to the Heirs and Assigns All those Lands Meadows Pastures and Feeding Grounds with the Houses Outhouses Barn Stable Yards and Garden to the same belonging

or used or occupied therewith or accepted reputed deemed taken or known as Part Parcel or Member thereof with their and every of their Appurtenances containing in the whole By

Admeasurement fifty two Acres three Roods and seventeen Perches And also four undivided tenth Parts or Shares (the whole in the equal Parts or Shares to be divided) of and in All

that Marsh called the Common Marsh containing By Admeasurement (including the Wall and 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 some or one of them in the said County of Suffolk heretofore in

the Occupation of John Glanfield and now in the Tenure or Occupation of the aforesaid Lucy Crabb or her Assigns (save and except out of the Grant Release and Confirmation hereinbefore

contained and hereby made as aforesaid all such and so many and such Part and Parcel of the Hereditaments and Premises hereinbefore mentioned as are Copyhold or of Customary

Tenure) And the Reversion and Reversions Remainder and Remainders yearly and other Rents Issues and Profits of all and singular the Lands Meadows Pastures Feeding Grounds

Hereditaments and Premises hereby granted and released or intended so to be And all the Estate Right Title Interest Use Trust Possession Property Claim and Demand

Whatsoever Both at Law and in Equity of them the said Lucy Crabb and Thomas Waller and of each of them of in and to the same Premises and every Part and Parcel thereof To

have and to hold the said Lands Meadows Pastures Feeding Grounds Hereditaments and all and singular other the premises hereby granted and released or expressed and intended so to be

with there and every of their Appurtenances (subject to the said annual Sum of twenty Shillings payable to the said John Carter his Heirs and Assigns as aforesaid) unto the said

John Wood his Heirs and Assigns To such Uses upon such Trusts and to and for such Intents and Purposes and with under and subject to such Powers Provisos Declarations

and Agreements as the said Thomas Waller shall by any Deed or Deeds Writing or Writings with or without Power of Revocation to be by him sealed and delivered in the

presence of and attested by three or more credible witnesses from Time to Time direct limit or appoint and for Default of and until such Direction Limitation or Appointment

and so far as such Direction Limitation or Appointment shall extend To the Use of the said Thomas Waller and his Assigns during his Life without Impeachment of Waste and

after the Determination of that Estate by Forfeiture or otherwise in this Life time To the Use of the said John Wood and his Heirs during the natural Life of the said Thomas Waller

In Trust for him the said Thomas Waller and his Assigns during the Term of his Natural Life and to prevent any Wife of the said Thomas Waller from being entitled to Dower out of or

in Pursuance and further Performance of the said Agreement on the part of the said Lucy Crabb and for the considerations aforesaid She the said Lucy Crabb for herself her Heirs

Executors and Administrators doth covenant promise and agree to and with the said Thomas Waller her Heirs and Assigns by these Presents that she the said Lucy Crabb and all other

necessary Parties shall and will at the Costs and Charges of the said Thomas Waller his Heirs or Assigns at or Before the next Court to be holden in and for the aforesaid Manor or Manors

of Martlesham with Newbourn and Waldringfield with Kirton in the said County of Suffolk surrender or cause and procure to be surrendered into the Hands of the respective Lord or

Lords Lady or Ladies of the said Manor or Manors by the Rod according to the Custom of the said Manor or Manors All such and so many and such Part and Parts of the said Lands

Meadows Pastures Feeding Grounds Hereditaments and Premises hereby before particularly mentioned (the Freehold Part whereof is herein before granted and released or expressed and

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Intended      so to be) as are Copyhold or of Customary Tenure with their Appurtenances To the Use of the said Thomas Waller his Heirs and Assigns during the Life

              of the said Lucy

Crabb to be held of the Lord or Lord Lady or Ladies of the said Manor or Manors according to the Custom of the Manor or Manors by the Rents and Service

therefore due and of Right accustomed And the said Lucy Crabb for herself her Heirs Executors and Administrators  doth covenant promise and agree with and to the said Thomas

Waller his Heirs and Assigns By these presents in manner following (that is to say) that for and notwithstanding any Act Deed Matter or Thing whatsoever By her the said Lucy

Crabb or the said Richard Frost the Testator made done committed executed and knowingly or willingly, suffered to the contrary she the said Lucy Crabb at the Time of the sealing

and delivery of these presents is lawfully rightfully and absolutely seized of and in or well and sufficiently intitled to the said Freehold Hereditaments hereby granted and released or

expressed or intended so to be and every Part thereof with their Appurtenants for a good sure perfect absolute and indefeasible Estate for and during the Term of the natural Life of

her the said Lucy Crabb without any manner of Condition Use Trust Property power of Revocation Equity of Redemption Remainder or Limitation of any Use or Uses or other

Restraint Cause Matter or Thing whatsoever to alter Charge defeat incumber revoke or make void the same (accept the said annual Sum of twenty Shillings) And that for and

notwithstanding any such Act Deed Matter or Thing as aforesaid She the said Lucy Crabb is now seized of or well and sufficiently intitled unto the said Customary or Copyhold

Hereditaments hereby agreed to be surrendered as aforesaid and every part thereof with the Appurtenants thereto belonging of a good sure and indefeasible Estate for the Term

of her Life according to the Custom of the Manor or Manors of Martlesham with Newbourn and Waldringfield with Kirton aforesaid without any and manner of Condition Use

Trust Equity of Redemption Power of Revocation or other Restraint Matter or Thing whatsoever to alter change charge incumber revoke or make void the same (except as aforesaid

And that for and not withstanding any such Act Deed Matter or Things whatsoever as aforesaid She the said Lucy Crabb now hath in herself good Right full Power and lawful and

absolute Authority to grant Bargain sell release and convey the said Freehold Hereditaments hereby granted and released or expressed and Intended so to be with the Appurtenances

thereunto belonging To the Uses aforesaid during the Life of her the said Lucy Crabb according to the true Intent and Meaning of these presents And to surrender the Copyhold or

Customary Hereditaments herein before covenanted to be surrendered with the Appurtanences To the Use of the said Thomas Waller his Heirs and Assignes during the Life of the said

Lucy Crabb in manner aforesaid according to the true Intent and Meaning of these presents And that it shall and may be lawful to and for the said Thomas Waller his Heirs Appointees and

Assigns from Time to Time and at all Times hereafter during the Life of her the said Lucy Crabb peaceably and quietly to enter into and upon and to have hold occupy possess and enjoy the

said Freehold and Copyhold Hereditaments hereby granted and released and covenanted to be surrendered respectively or expressed and intended so to be with their Appurtenances and to have receive

and take the Rents Issue and Profits thereof and of every Part thereof to and for his and their own Use and Benefit without the lawful Ser Suit Trouble Denial Eviction Interruption Claim

or Demand whatsoever of or by her the said Lucy Crabb or of or by any other Person or Persons lawfully or equitable claiming or to claim by from or under or in Trust for her or by from or under

the said Richard Frost And that free and clear and freely and clearly and absolutely acquitted exonerated released and for ever discharged or otherwise by the said Lucy Crabb her 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

Surrender Jointures Dowers Right and Title of Dowers Uses Truss Intails Wills Statutes Merchants or of the Staple Recognizences Judgements Executions Rents Arrears of Rent Annuities

Legacies Sums of Money yearly Payments Forfeitures Reentries  Cause or Causes of Forfeiture and Reentry Debts  of Record Debts due to the Kings Majesty and of from and against all other

Estates Titles Troubles Charges Debts and Incumbrances whatsoever either already had made executed occasioned or suffered or hereafter to be had made executed occasioned or suffered by the said

Lucy Crabb or By the said Richard Frost or by any Person or Persons lawfully or equitably claiming or to claim By from or under or in Trust for her the said Lucy Crabb or By from or under

the said Richard Frost (except the said annual Sum of twenty Shillings) And further that she the said Lucy Crabb and all and every other Persons or Person having or claiming

or who shall or may have or claim any Estate Right Title Interest Inheritance Use Trust Property Claim or Demand whatsoever either at Law or in Equity of in to or out of the

said Lands Meadows Pastures and other Hereditaments hereby granted and released and agree to be surrendered respectively or expressed and intended so to be or any of them or any part thereof by from or under

or in Trust for her the said Lucy Crabb or by from or under the said Richard Frost shall and will from Time to Time and at all Times hereafter during the Life of the said Lucy Crabb upon every

reasonable Request to be made for that purpose by and at the proper Costs and Charges in the Law of the said Thomas Waller his Heirs Appointees or Assigns make do acknowledge levy suffer

And execute or cause and procure to be made done acknowledge levied suffered and executed all and every such further and other lawful and reasonable Act and Acts Deed and Deeds Thing and Things

Devises Conveyances Surrenders and Assurances in the Law whatsoever for the further better more perfectly and absolutely granting conveying and assuring of the said Freehold

Hereditaments hereby granted and released or expressed and intended so to be and every Part thereof with their Appurtenances To the Uses herein before limited or expressed of or

concerning the same according to the true Intent and Meaning of these Presents during the natural Life of her the said Lucy Crabb And for the more effectually surrendering and

assuring of the said Customary or Copyhold Hereditaments herein before by these Presents covenanted to be surrendered and every of them and every Part thereof respectively with

their and every of their Appurtenances To the Use of the said Thomas Waller his Heirs and Assigns during the natural Life of the said Lucy Crabb according to the true Intent and

Meaning of these presents as by the said Thomas Waller his Heirs Appointees or Assigns or his or their Counsel in the Law shall be reasonably devised or advised and required

In Witness whereof the said parties to these presents that hereunto set their Hands and Seals the Day and Year first above written

 

Lucy Crabb              John Wood             Thos Waller

 

Outside

11^th October 1805

Mrs  Lucy Crabb

Conveyance of Life Interest in

to                                                 Lands and Hereditaments at

Waldringfield and Helmley in the

Mr Thos Waller                         County of Suffolk

and Trustee

 

 

Received on the Day and Year first within written                 Sealed and delivered, being first                                                                                                    Sealed and delivered by the within

of and from the within named Thomas Waller the                 being stamped in the presence of                                           named John Wood in the presence of

Sum of seventy Pounds bring the Consideration                    us by the within named Lucy Crabb                                           Jas Pulham

Money within mentioned to be paid by him to use                 Elizabeth Roza Stevens                                           FWL Leech

Witnesses   Lucy Crabb                                                         Jas Pulham

Elizabeth Roza Stevens                                                       Sealed and delivered by the within

Jas Pulham                                                                         named Thomas Waller in the

Presence of

Frances Pulham

Jas Pulham