Catalogue Item

Release 17 May 1780 Parties: (1) John Nesham of Houghton-le-Spring, esquire and Margaret, his wife (only child and heir of Mary Douthaite of Stockton, widow, who was devisee of Farrow Eden of Darlington, gentleman); (2) Ann Allan of Blackwell Grange, spinster (one of two surviving daughters of George Allan the younger of Blackwell Grange, esquire and surviving executrix of his will and sister and administratrix of Dorothy Allan of Blackwell Grange, spinster, deceased, her sister; also sole executrix of Hannah Eden of Darlington, widow and sole executrix of Farrer Eden); (3) Robert Chambers of Gateshead, gentleman (son and legatee of Robert Chambers of Gateshead, dyer) and Richard Garmonsway late of Morton Palmes, now of Great Burdon, gentleman (assignee of Robert Wright of Stockton, gentleman) - Robert Chambers, deceased and Robert Wright being legatees of the will of Farrow Eden; (4) Thomas Byres of Newbottle, esquire (who survived Leonard Robinson of Stockton, merchant); (5) Ambrose Hodgson of Darlington, grocer; (6) Charles Tesstryman of Aldbrough (Yorkshire), gentleman Reciting: - marriage settlement by lease and release of 9-10 December 1743 between (i) Farrow Eden, (ii) George Allan the elder of Darlington, esquire and Hannah, his daughter and (iii) George Allan the younger and Thomas Rudd of Durham, esquire in which in consideration of a marriage between (i) and Hannah Allan in which (i) conveyed (a) and other property in Darlington and Sadberge to (iii) to use of George Allan the younger for 500 years in trust, remainder to use of (i) for his life, remainder to the use of Thomas Rudd for the life of (i) in trust to preserve contingent remainders, to the use of Hannah Eden for her life, remainder to use of Thomas Rudd for 2,000 years in trust, remainder to the use of sons of (i) and Hannah in tail male, remainder to use of daughters of (i) and Hannah as tenants in common, remainder to use of (i) for ever - the term of 500 years was limited to George Allan the younger in trust to raise from rents and profits or mortgage or sale up to £500 for legacies in the will of (i); - Farrow Eden, by limitations of the settlement and seized of reversion expectant on failure of issue of the marriage, made his will on 17 November 1744 bequeathing his personal estate, including the £500 above to his wife Hannah, she paying an annuity to Leonard Ward of Darlington for his life and devising all his real estate in Darlington and Sadberge, subject to his wife's estate and payment of the £500 and of several legacies to his cousin Mary Douthwaite; bequeathing £200 each to his cousin Robert Chambers and his brother Ralph; bequeathing £200 to Eden Wright of Hartlepool; bequeathing £200 each to the two daughters of his brother Thomas Wright; bequeathing £200 to Robert Wright; bequeathing £50 between George Allan the younger and his three daughters for mourning; bequeathing £100 to Thomas, son of Joseph Raine of Darlington - all to be paid out of his real estate within six months of the death of his wife with interest at 4%; appointing his wife Hannah sole executrix; death of Farrow Eden on 21 February 1745 without issue and proof of his will in Prerogative Court of Archbishopric of York [PCY]; - marriage settlement by lease and release of 9-10 July July 1759 between (i) John Nesham the elder of Houghton-le-Spring, gentleman and John Nesham the younger, (ii) Mary Douthwaite, (iii) Margaret Nesham (then Margaret Douthwaite), (iv) Leonard Robinson and Thomas Byers and (v) Lover Allan of Stockton, merchant and Matthew Carr of Sunderland, gentleman - reciting that (ii) was seized of reversion expectation of estate for life of Hannah Eden of estates in Darlington and Sadberge and divers leasehold properties in Sadberge subject to life interest of Hannah Eden subject to legacies - witnessing that in consideration of marriage between John Nesham the younger and Margaret Douthwaite, (ii) released to (iv) several freehold messuages in Darlington in occupation of Hannah Eden, Martin Greenhow, Thomas Laidman, William Turner, Jane Hall, George Markham, Elizabeth York, Nicholas Greathead, Sarah Lantas, John Rymer, John Coarson, John Lightfoot, William Grainger, James Place, Ann Hedley and John Noble (together of yearly value of £110 to which she was entitled under the will of Farrow Eden, subject to life interest of Hannah Eden) to the use of Mary Douthwaite until the marriage, then to use of (iv) in trust and assigning leasehold property in Sadberge to (iv) in trust to raise legacies in the will of Farrow Eden and remaining unsatisfied, remainder in trust for John Nesham junior to be accepted in discharge of power given to him to borrow up to £1,500 on mortgage in term of 1,000 years limited to (iv); - death of Leonard Robinson; - will of Hannah Eden of 12 September 1778 bequeathing her mortgages, securities and other personal estate to her niece (2), whom she appointed sole executrix; - death of Hannah Eden on 15 December 1778 and proof of her will in PCY; - death of Catharine, one of three daughters of George Allan the younger and a legatee of Farrow Eden, during her father's lifetime intestate and unmarried entitling him to her share of the legacy; - will of George Allan the younger of 7 July 1753 bequeathing his personal estate to his two daughters Ann and Dorothy whom he appointed joint executrixes; - death of George Allan the younger on 31 July 1753 and proof of his will in PCY; - death of Dorothy Allan intestate and unmarried, letters of administration being taken out in PCY by Ann Allan; - will of Robert Chambers of 31 March 1755, reciting his legacy of £200 from Farrow Eden and bequeathing it to his son (3); - death of Robert Chambers the elder on 3 April 1756; - assignment of 25 February 1764 from (i) Robert Wright to (ii) Ralph Robson of Darlington, gentleman; reciting will of Farrow Eden and legacy of £200 bequeathed to (i) and that (ii) had agreed to purchase it - (i) assigned his £200 legacy to (ii) for £100; - instrument by Ralph Robson of 25 February 1764 acknowledging the assignment was taken in his name in trust for Richard Garmonsway, whose money the £100 was; - (1), in the lifetime of Hannah Eden, borrowed £1,500 on mortgage by demise for 1,000 years which was still owing to representatives of Thomas Hogg of The College, Durham, gentleman; - £500 under indenture of release and settlement of 10 December 1743 directed to be raised by virtue of trusts for 500 years created by the will of Farrow Eden given to Hannah, his wife, remained unsatisfied and was owing to (2) as executrix of Hannah Eden; legacy of £50 under will of Farrow Eden to be given to George Allan the younger and his three daughters also remained unpaid to (2); - legacy of £200 under will of Farrow Eden to be paid to Robert Chambers the elder remind unpaid to Robert Chambers the younger and legacy of £200 to be paid to Robert Wright and later assigned to Ralph Robson in trust for Richard Garmonsway remained unpaid; - (1), with consent of (4) had contracted sale of (a) to (5) Operative Part: - (5) paid £500 to (2) by direction of (1) and (4); - (5) paid £50 to (2) by direction of (1) and (4); - (5) paid £200 to Robert Chambers by direction of (1) and (4); - (5) paid £195 to Richard Garmonsway by direction of (1) and (4); - (1) paid £5 to Richard Garmonsway; - (5) paid 10 shillings each to (1) and (4); - (4) by direction of (1), (2) and (3) released and (1) released and confirmed (a) to (5) Property: (a) messuage or burgage with backside, garden (formerly used as a bowling green), stable and other buildings on backside in Headrow, Darlington adjoining house formerly of George Allan the elder, now Ann Allan S and house formerly of John Robinson and divers buildings of George Terry, Thomas Prase and Robert Ward N, town street of Darlington E and street called Skinnergate W - formerly in occupation of Farrow Eden, then Hannah Eden, now Ambrose Hodgson Habendum: - to (5), to use of (5) for ever Covenant by (1) and (4) to levy a fine sur conizance de droit come ceo etc to (5) Operative Part: - (6) paid 10 shillings to (2); - (2), by direction of (1), (3) and (4) and at nomination of (5) assigned residue of term of 500 years to (6) in trust for (5) Covenant by (1) to deliver deeds to (5) Witnesses: - Thomas Ord; - George Bell of Houghton-le-Spring; - Henry Ornsby of Darlington