1808 Release with Covenant Eliz Parish & Thos Waller

This Indenture        made the thirteenth day of September in the year of our Lord one thousand eight hundred and eight Between Elizabeth Parish of Ipswich in the

County of Suffolk Spinster of the one part and Thomas Waller of Sutton in the said County Gentleman of the other part Witnesseth that the said

Elizabeth Parish for and in consideration of the Sum of one hundred pounds of lawful money of Great Britain to her in hand well and truly paid by the

said Thomas Waller at or before the ensealing and delivery of these presents (the receipt  whereof she the said Elizabeth Parish doth hereby acknowledge and

thereof and of and from the same and every part thereof acquit release discharge the said Thomas Waller his heirs executors and administrators and

every of them for ever by these presents)  hath granted bargained sold aliened released and confirmed and by these presents doth grant bargain sell alien

release and confirm unto the said Thomas Waller ( in his actual possession now being by virtue of a bargain and sale to himthereof made by the said Elizabeth Parish in consideration of five shillings by Indenture bearing date the day next before

the day of the date of thsee presents for the term of one whole year commencing from the day next — before the day of the date of the same Indenture of Bargain and Sale and by force of the statute for transferring uses into possession) his heirs

and assigns All those two acres of Marsh with Appurtenances lying and Being in Waldringfield Marsh in the said County of Suffolk formerly in the occupation of George Waller or his Assigns afterwards of William Waller or his

Assigns and now in the tenure or occupation of Joseph Pain his undertenants or Assigns And also all that piece of land called Slugs acre containing by estimation one acre be thereof more or less lying and being in Waldringfield aforesaid

formerly also in the tenure or occupation of the said George Waller or his assigns afterwards of the said William Waller or his assigns and now of the said Joseph Pain or his Assigns (which promised amongst certain Manors  and divers

other hereditaments were in and by the last Will and Testament of Nathanil Randall Esquire now deceased bearing the date twenty fifth day of November in the year of our Lord one thousand seven hundred and ninety five and

duly executed so as to pass real estates, given and devised to the said Elizabeth Parish and her Heirs for ever subject to the payment in Case his personal Estate should be insufficient of the Debts Legacies  and Charges therein mentioned

and which have been all long since discharged by and out of such personal estate which was much more than sufficient for the purpose) And the Reversion and Reversions Remainder and Remainders early and other Rents

Issueds and Profits of the said Lands Hereditaments and Premises thereinbefore granted and released or expressed or intended so to be and every part thereof And also all the Estate Right Title Use Interest Inheritance Trust

Possession Property Claim and Demand whatsoever both at Law and in equity of her the said Elizabeth Parish of in to or out of the same hereditaments and premises and every part thereof To have and to hold the said

Lands Hereditaments and premises thereinbefore granted and released or expressed and intended so to be with their Appurtenances unto the said Thomas Waller his heirs and assigns To the only Use and Behoof

of the said Thomas Waller his heirs and assigns for ever And the said Elizabeth Parish doth for herself her heirs executors and administrators hereby covenant and agree with the said Thomas Waller his heirs and

assigns in manner following (that is to say) that (for notwithstanding any act matter or thing whatsoever by her the said Elizabeth Parish or by the said Nathanial Randall done committed or willingly suffered

to the contrary) she the said Elizabeth Parish now at the time of the ensealing and delivery of these presants is and  standeth lawfully rightfully and absolutely seized of and in the said Lands Hereditaments and Premises

hereinbefore granted and released or mentioned and intended so to be with their Appurtenances of a good sure perfect absolute and indefeazible estate of inheritance in fee simple in possession without any condition

contingent provisee use trust limitation power of revocation and new limitation or any other restraint matter or thing whatsoever to alter change charge lessen revoke incumber make void or determine the same estate in any

manner howsoever And also that (for and notwithstanding any such act matter or thing as aforesaid ) she the said Elizabeth Parish now hath in herself good right full power and lawful and absolute authority to grant release

convey and assure the said Lands Hereditaments and Premises thereinbefore granted or expressed and intended so to be with their Appurtenances unto and to the use of the said Thomas Waller his heirs and

Assigns by these presents in manner aforesaid And further 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 hereafter peaceably and quietly to

Enter into have hold use occupy possess and enjoy the said lands hereditaments and premises hereinbefore granted and released or expressed and intended so to be and the Rents Issues and Profits thereof to receive and

take from and after the eleventh day of October next to and for his and their own use and benefit without any lawful lett suit trouble denial eviction ejectment interruption or disturbance By or from the said Elizabeth

Parish her Heirs or Assigns or by or from any person or persons claiming or to claim any estate right title trust or interest at law or in equity of in to or out of the same lands hereditaments and premises or any part

or parts thereof by from through or under or in trust for her them or any of them or by from through or under the said Nathaniel Randall deceased And that free and clear and freely clearly and absolutely acquitted

Exonerated and discharged or otherwise by the said Elizabeth Parish her Heirs Executors and administrators well and sufficiently saved kept harmless and indemnified of from and against all former and other Gifts Grants Bargains

Sales Leases Releases Mortgages Jointures Dowers Right Title and Claim of Dower Uses Trusts Wills Intails Statutes Merchant and of the Staple Judgements Extents Executions Fines Forfeitures Rents Arrears of Rent Annuities

Legacies Sum and Sums of Money and all other Estates Titles Troubles Charges and Incumbrances whatsoever had made committed done or suffered by the said Elizabeth Parish her Heirs or Assigns or the said Nathaniel

Randall or by any other person or persons rightfully claiming or to claim by from or under him her them or any of them And moreover  that she the said Elizabeth Parish and her Heirs and all and every other person

and persons whomsoever having or rightfully claiming or who shall or may have or rightfully claim any Estate Right Title Trust or Interest at law or in equity of in to or out of the said lands hereditaments and premises

hereinbefore granted and released or mentioned and intended so to be of any part of parcel thereof by from through under or in trust for her them or any of them or by from though or under the said Nathaniel Randall deceased

shall and will from time to time and at all times hereafter upon every reasonable request and at the proper costs and charges 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 other lawful and reasonable Act and Acts Deeds Devices Conveyances and Assurances whatsoever for the further better more perfectly

and absolutely granting conveying and assuring the same Lands Hereditaments and Premises with their Appurtenances unto and to the use of the said Thomas Waller his Heirs and Assigns as by the said Thomas Waller his heirs or Assigns his or their Council in the law shall

be reasonably devised or advised and required So as such further assurances contain in them no further or other warranty or covenants than against the person or persons his her or their heirs who shall make or do the same and so

as the party or parties who shall be requested to make such further assurances be not compelled or compellable for the making or doing thereof to go or travel from his her ortheir then respective usual abode or dwelling

And the said Elizabeth Parish doth for herself her heirs executors and administrators hereby further covenant promise and agree to and with the said Thomas Waller his heirs and assigns that she the said Elizabeth

Parish hre heirs or assigns unless prevented by fire or some other inevitable accident will and shall at any time or times hereafter upon every reasonable request in writing and at the Costs and Charges of the said Thomas Waller

his heirs or assigns produce and show forth or cause or procure to be produced and shown forth unto the said Thomas Waller his heirs or assigns or his or their Council Attornies Solicitors or Agents or to or before any Court or

Courts of Law or Equity or on any Commission – for the examination of witnesses or otherwise as occasion shall require Certain Indentures of Lease and Release bearing date respectively the twenty second and twenty third days of

February in the year of our Lord one thousand seven hundred and seventy eight and made between Thomas Ryves the elder Esquire and Daniel Malthus Esquire of the one part and the said Nathaniel Randall of the other part An Indenture

of five parts bearing date the said twenty third day of February one thousand and seventy eight and made between Golding Griggs and John Rosier Esquire of the first part john Williams Onslow (then lately called John Williams)

Esquire and Charlotte Maria his Wife John Williams the younger Esquire and James Williams Gentleman (which said John Williams the younger and James Williams are therein described to be the only Children of the said John Williams

Onslow and Charlotte Maria his wife) of the second part the said Thomas Ryves the elder and Daniel Malthus of the third part the said Nathaniel Randall of the fourth part and Anthony Collett Esquire of the fifth part, purporting

to be an Assignment of the residue of a certain term of four hundred years In trust to attend the inheritance, and also all other the Documents whatsoever relating to the said hereby granted  and enfeoffed lands hereditaments and

which are now in the custody or controul of the said Elizabeth Parish, or any of them the said Indentures and Documents for the proof support and defence of the Title of the said Thomas Waller his heirs or assigns to the same Lands

Hereditaments and Premises or to any part thereof And also permit and suffer the said Thomas Waller his heirs and assigns or any person or persons to be appointed by him or them to make fair copies of the said Indenture

and Documents respectively or any of them and to examine and compare the same with the originals so that the said Elizabeth Parish her Heirs or Assigns be not compellable to part with the possession of such Indentures and Documents

respectively or any of them save in open Court   or by the order of such Court In witness whereof the said Parties to these presents have hereunto set their Hands and Seals the Day and year first above written

 

Signed             E Parish                                                                                                                              Tho^s  Waller

 

 

Outside

Dated 15 Sept^r 1808

Mr^s Eliz^th Parish

To                         Release with Covenment

M^r Tho^s Waller                      to produce deeds