Assignment to attend the freehold and inheritance
1. Thomas Rollinson of Chadlington, Oxfordshire, Esq.
James Harding of Bush Lane, London, packer, executors of James Locke late of London, merchant, deceased, who survived Samuel Locke late of London, merchant, deceased - James and Samuel Locke were trustees in the will of Joshua Gee late of London, merchant, deceased.
2. Francis Brown of Bristol, merchant
Richard Pinches of Shrewsbury, innholder, surviving assignees of the estate of Thomas Northall a bankrupt late of Bewdley, Worcs, grocer, the said Thomas being administrator of the goods of his late wife, Mary, deceased.
Benjamin Harvey jnr. of Bristol, gent, also administrator of the goods of John Harvey his late brother, deceased, which Mary Northall Benjamin Harvey jnr. and John Harvey the only children of Sarah Harvey, deceased, who was the daughter of the said Joshua Gee, by Benjamin Harvey late of Shrewsbury, ironmaster, now of ---, who were living at the time of the death of Samuel Harvey.
3. Rowland Calcot of Berwick Maviston, gent, son and heir of William Calcot late of Berwick Maviston, Esq., deceased.
4. John Wood of Shrewsbury, apothecary
By indenture of 13 August 1737 between Richard Chambre of Burlton, Clerk (1), Mary Fosbrooke of Shrewsbury, widow and executrix of John Fosbrooke of Shrewsbury, gent, deceased (2) William Calcot (3) Samuel and James Locke (4), reciting that Francis Chambre of Petton, Gent, on 8 April 1730 lent to William Calcot £200, for bond of William Calcott of 8 April 1730, but by indenture of that day he mortgaged the capital messuage in Chirbury called Kinton Farm (then or late Andrew Phillips) for 500 years. By indenture of 22 March 1730/1 between Francis Chambre (1) Richard Chambre (2) William Calcot (3) - reciting that £9 10s interest was due, the mortgage was assigned to Richard Chambre for £209 10s from Richard to Francis Chamber and £190 10s from Richard to William Calcot. Then due to Richard Chambre £427 17s 5d. The Lockes lent William Chambre £1,000 on security of the said property, and on security of the term of 500 years in other premises mentioned below granted to John Fosbrooke deceased by William Calcot by mortgage to secure £500. By indenture of 13 August 1730 for £427 17s 5d to Richard Chambre paid by the Lockes, Richard Chambre assigned to the Lockes the said property for the rest of 500 years.
By mortgage of 15 June 1733 between William Calcott (1) John Fosbrooke (2) for £500, mortgage of the said capital messuage and farm called Kinton Farm, 2 messuages in Middleton (widow Olivers and Joseph Brown), and 2 messuages in Middleton (William Brown) for 500 years.
John Fosbrooke died on 12 July 1733 - will of which Mary Fosbrooke executrix - due to her £500 and £23 4s 6d interest. So by indenture of 13 August 1737 for £23 4s 6d to Mary Fosbrooke from the Lockes and £48 18s 1d to William Calcott from the Lockes, which with the said £427 17s 5d paid to Chambre amounted to £1000, assignment to the Lockes of the said property for the rest of 500 years.
By indenture of 13 April 1752 between James Locke (1) John Harvey, one of the sons of Benjamin Harvey, ironmaster, by Sarah his late wife, deceased, daughter of Joshua Gee deceased (2) Henry Blakeway of Shrewsbury, gent (3) reciting by indenture of 14 August 1737 between the Lockes (1) Benjamin Harvey and Sarah his wife (2) reciting Joshua Gee by his will of 30 June 1730 gave to the Lockes £2000 to be put out at interest, in trust after the death of Sarah, daughter, to pay the same to her child or children, and in default of her direction, equally to her children at 21. He appointed his sons Samuel Gee and Osgood Gee executors. Joshua died 3 November 1730. His will was proved P.C.C. and the money paid to the Lockes. The Harveys applied to the Lockes to lay out £1000, part of the £2000, on the estate of William Calcot. It was declared by the indenture of 14 August 1737 that the Lockes were possessed of the several terms of 500 years and 500 years assigned by then indenture of 13 August 1737 to them, in trust for persons entitled under the will of Joshua Gee, Samuel Locke died, so the terms of years were vested solely in James Locke. Sarah, wife of Benjamin Harvey, died leaving 3 children - Benjamin, John and Mary. She made no appointment, so the money was to be equally divided when they were 21. John Harvey has attained 21 and so is entitled to £333 6s 8d, a third of the sum secured on the mortgage, and needing the same has applied to Henry Blakeway who agreed to pay his the same from 14 February last. So by indenture of 13 April 1752, for £335 13s 10d to John Harvey from Henry Blakeway, being the full share of principal and interest from 14 February last to 13 April, and for securing repayment of £333 6s 8d and interest to Blakeway, John Harvey agreed that James Locke should stand possessed of the said property in trust to secure the repayment of the said sum to Blakeway.
The sum of £333 6s 8d and interest has sometime since been paid by Rowland Calcot to Henry Blakeway, and John Harvey and Benjamin Harvey jnr. have been paid their parts of the £2000, the £666 13s 4d remaining due on the said mortgage belonged to Mary Northall who lived to attain 21, or to Thomas Northall in her right as her share of £2000. James Locke made his will, appointing Thomas Rollinson and James Harding executors. They proved it, so property was vested in them for the rest of the terms in trust for securing payment of £666 13s 4d. Mary Northall died without issue, so Thomas Northall is entitled to the said sum. By H.M. Commission of 11 April 17.. awarded against Thomas Northall, directed to Francis, John and Edward Ingram and Francis Rocke, Esq. and Thomas Milward, gent, the Ingrams found Northall exercised the trade of a grocer and sought to get his living by buying and selling and during that time was indebted to Richard Wall of Bewdley, grocer (who was the petitioning creditor for the suing out of the commission) in £100 and over, and Northall became a bankrupt and was declared so by the Commissioners.
By indenture of 16 April 1759 between the Ingrams (1) Richard Wall (2) the personal estate of the bankrupt was assigned to Wall in trust for self and other creditors of Northall.
By indenture of 1 September 1759 between Richard Wall (1) Francis Rocke, John and Francis Ingram (2) Francis Brown and Richard Pinches and Joseph Robston late of Bristol, grocer, since deceased (3) Wall had sold part of the effects of Thomas Northall, and the rest was assigned by the other creditors to (2) - assigned by Wall together with money from the sale and other money of Northall. There is now due to Rollinson and Harding as executors of James Locke £666 13 4d and £74 13 4d interest, in all £766 7s 5d which Rowland Calcot at the request of the surviving assingees of the effects of Thomas Northall has agreed to pay to Rollinson and Harding on their assigning all their estate in the said capital and other houses above for the rest of the terms of 500 years and 500 years to John Wood on trust. So for £766 7s 5d to Rollinson and Harding as executors of James Locke paid by Rowland Calcot, they assign to Wood the said property for the rest of the 2 terms, in trust for Rowland Calcot to attend the freehold and inheritance of the property
Docketed: No. 48