Catalogue

Lease for a year forming part of a mortgage by lease and release for which see D/X 21/3 8 March 1736 [1737]

Mortgage by assignment 9 March 1736 [1737] Parties: (1) Joseph Forster of South Bailey, Durham, gentleman and Elisabeth, his wife (devisee and sole executrix of Anne Yapp, widow, her mother); (2) Timothy Mauleverer of Arncliff (Yorkshire), esquire Reciting: - lease by Henry Bland DD, dean and the chapter of Durham cathedral 26 November 1728 to Abraham Yapp, clerk and Anne, his wife, of (a) from 8 April 1728 for 40 years at annual rent of 6s 8d; - death of Abraham Yapp; - death of Anne Yapp after making her will of 16 June 1732 devising and bequeathing all her real and personal estate to her daughter Elisabeth Forster and appointing her sole executrix Operative Part - (2) gave £100 to (1); - (1) assigned (a) to (2) Property: (a) burgage and tenement with two garths adjoining on the backside in South Bailey, Durham formerly in occupation of John Martin, then of Abraham Yapp Habendum: - to (2) for residue of 40 year lease subject to equity of redemption for (1) Witnesses: - George Johnson; - George Forster

Mortgage by release 9 March 1736 [1737] Parties: (1) Joseph Forster of South Bailey, Durham, gentleman and Elisabeth, his wife (daughter and heir of Abraham Yapp, clerk) (2) Timothy Mauleverer of Arncliff (Yorkshire), esquire Operative Part - (1) released (a) to (2) for £100 Property: (a) garden in South Bailey, Durham, formerly in occupation of Anthony Gastell, Timothy Comyn and Margaret, his wife and John Martyn, then of John Sanderson and Thomas Martin, now of Joseph Forster and formerly belonging to the dissolved chantry of St James and St Andrew on the new bridge of Elvet at annual rent of 2 shillings Habendum: - to (2), to use of (2), with proviso for equity of redemption for (1) Covenant - by (1) to levy a fine sur cognizance de droit come ceo etc to (2) Witnesses: - George Johnson; - George Forster

Bond 9 March 1736 Parties: (1) Joseph Forster of South Bailey, Durham, gentleman; (2) Timothy Mauleverer of Arncliff (Yorkshire), esquire Operative Part - undertaking by (1) to repay the £100 mortgage to (2) Witnesses: - George Johnson; - George Forster

Lease for a year forming part of a conveyance by lease and release for which see D/X 21/6 1 May 1744

Transfer of mortgage by release 2 May 1744 Parties: (1) Joseph Forster of South Bailey, Durham, gentleman and Elizabeth, his wife (daughter and heir of Abraham Yapp, clerk); (2) Timothy Mauleverer of Arncliffe (Yorkshire),esquire; (3) Robert Spearman of Old Acres, esquire Reciting: - D/X 21/1 and 21/3; - £100 still owing but all interest paid; Operative Part - (3) paid £100 to (2) by direction of (1); - (3) paid £50 to (1); - (2) by direction of (1) and (1) themselves released (a) to (3) Property: (a) garden in South Bailey, Durham Habendum: - to (3), to the use of (3) with proviso for equity of redemption for (1) Witnesses: - George Johnson; - Christopher Wardell; - James Richarby

Receipt 18 October 1766 - fine for burgage in South Bailey £26.5.0; - Double Seal Tax £4.12.0; - Bond of Indemnity 7s 6d; - paid by Joseph Forster to the Dean and Chapter of Durham; - witnessed by Thomas Hogg

Bond 2 May 1744 by Joseph Forster of South Bailey, Durham, gentleman to Robert Spearman of Old Acres, esquire in penal sum of £300 to repay £150 mortgage in D/X 21/6; witnessed by Christopher Wardell and James Richarby Indorsements: - 8 May 1753 by Robert Spearman acknowledging receipt of £100 part redemption by Joseph Forster; - 16 February 1761 by Ralph Hutchinson acknowledging receipt of £131.9.10 in full redemption of mortgage principal and interest to the use of Robert Spearman

Assignment 2 May 1744 Parties: (1) James Forster of South Bailey, Durham, gentleman and Elizabeth, his wife (devisee and sole executrix of Anne Yapp, her mother); (2) Timothy Mauleverer of Arncliff (Yorkshire), esquire; (3) Robert Spearman of Old Acres, esquire Reciting: - lease by Henry Bland DD, dean and the chapter of Durham cathedral 26 November 1728 to Abraham Yapp, clerk and Anne, his wife, of (a) from 8 April 1728 for 40 years at annual rent of 6s 8d; - death of Abraham Yapp; - death of Anne Yapp after making her will of 16 June 1732 devising and bequeathing all her real and personal estate to her daughter Elizabeth and appointing her sole executrix; - Joseph Forster married Elizabeth Yapp; - D/X 21/2; - £100 still owing but all interest paid Operative Part - (3) paid £100 to (2) by direction of (1); - (3) paid £50 to (1); - (2) by direction of (1) and (1) themselves assigned (a) to (3) Property: (a) burgage and tenement with two garths adjoining on the backside in South Bailey, Durham formerly in occupation of John Martin, then of Abraham Yapp Habendum: - to (3), to the use of (3) with proviso for equity of redemption for (1) Witnesses: - George Johnson; - Christopher Wardell; - James Richarby

Assignment 24 May 1744 Property: (1) Joseph Forster of Durham and Elizabeth, his wife; (2) Robert Spearman of Old Acres, esquire Reciting: - lease by Henry Bland DD, dean and the chapter of Durham cathedral 25 April 1744 to (1) of (a) from 8 April 1744 for 40 years - D/X 21/7 Operative Part - (1) assigned (a) to (2) Property: (a) burgage or tenement and two garths adjoining the backside in South Bailey, Durham Habendum: - to (2) for residue of term of 40 years with proviso for equity of redemption for (1) Witnesses: - John Ekins; - Jonathan Thompson

Memorandum of agreement 18 January 1779 Parties: (1) Elizabeth Forster of South Bailey, Durham, widow and Ann Esther Forster [signs Ann Easter Forster] of South Bailey, spinster; (2) Rev Henry Egerton MA of The College, Durham Operative Part - (1) agreed to convey and assign (a) to (2) before 13 February 1779 Property: (a) all their real estate in South Bailey Habendum: - to (2) freehold to use of (2) for ever, leasehold for residue of term of 40 years Witness: - Hendry Hopper

Release and assignment 13 February 1779 Parties: (1) Elizabeth Forster of South Bailey, Durham, widow of Joseph Forster, gentleman; Ann Esther Forster of South Bailey, daughter and only surviving child of Joseph and Elizabeth Forster; (2) Rev Henry Egerton MA of The College, Durham Reciting: - D/X 21/5-6; - D/X 21/9; - £150 mortgage and all interest was paid off by Joseph Forster but no reconveyance took place before or after the death of Robert Spearman but noting the endorsements on D/X 1/7 acknowledging redemption of the mortgage Operative Part - (2) had executed a bond to (1) on 13 February 1779 securing payment to them of an annuity of £20 for the life of the longer lived; - (2) would permit Elizabeth Forster to live in the burgage in South Bailey rent free for the rest of her life; - (1) released (a) to (2) for 10 shillings Property: (a) garden in South Bailey, Durham formerly in occupation of Anthony Gastell, Timothy Comin and Margaret his wife and John Martin, afterwards of John Sanders and Thomas Martin, late of Joseph Forster, now of Elizabeth and Ann Esther Forster sometime parcel of the dissolved chantry of St James and St Andrew on the new bridge of Elvet at annual rent of 2 shillings Habendum: - to (2), to the use of (2) for ever Reciting: - lease by Henry Bland DD, dean and the chapter of Durham cathedral 25 April 1744 to Joseph and Elizabeth Forster of (b) from 8 April 1744 for 40 years which was afterwards surrendered for renewal and renewed lease by Spencer Cowper DD, dean with the chapter of Durham cathedral of 20 November 1766 to Elizabeth Forster Operative Part - (1) assigned (b) to (2) Property: (b) burgage or tenement with two garths adjoining on the backside in South Bailey, Durham formerly in occupation of John Martin Habendum: - to (2) for residue of lease of 40 years Witnesses: - S. Viner; - Hendry Hopper

Licence 27 September 1794 By James Cornwallis, Bishop of Lichfield and dean of Durham with the chapter of Durham cathedral; - reciting lease from dean and chapter of 21 July 1794 to Rev Henry Egerton MA, a prebendary of the cathedral of burgage or tenement with two garths adjoining the backside in South Bailey, Durham formerly in occupation of John Martin, late of Joseph Forster for 40 years at rent of 6s 8d; - giving licence to Henry Egerton to alien the burgage to Rev James Britton of Durham, clerk; - good seal

Lease for a year forming part of a release and assignment by lease and release 19 November 1794

Release and assignment 20 November 1794 Parties: (1) Rev Henry Egerton MA, clerk, a prebendary of Durham cathedral; (2) Dame Frances Vane of Kelloe, widow of Sir Henry Vane, baronet and, before her marriage, Frances Tempest. Only sister and heir at law of John Tempest of Winyard and Brancepeth, esquire; (3) Rev James Britton of Durham, clerk Reciting: - D/X 21/5-6; - will of Robert Spearman of 19 November 1756 devising all real estate vested in him as mortgagee to John Eden of Gainford , Josiah Colebrooke of Budge Row, London, apothecary and John Dixon of Aykley Heads, gentleman; - codicil to will of Robert Spearman of 18 July 1761 devising his real estate, except that vested in him as mortgagee, to John Tempest and Joseph Reay of Newcastle upon Tyne (Northumberland), esquire and Josiah Colebrooke and appointing John Tempest, Joseph Reay and Josiah Colebrooke executors; - death of Robert Spearman in 1761 and his will was proved by John Tempest alone; - Josiah Colebrooke survived John Eden and John Dixon thus the mortgaged estates became vested solely in him; - conveyance of 17 November 1767 from (I) Josiah Colebrooke to (II) John Tempest of all real estate of Robert Spearman vested in him as mortgagee; - death of John Tempest without issue leaving (2) as his heir at law without having made any disposition of the real estate vested in him as mortgagee; - on 8 May 1753 Joseph Forster paid £100 to Robert Spearman in part redemption of the mortgage and on 16 February 1761 paid the remaining principal and interest to Ralph Hutchinson (steward of Robert Spearman) to the use of Robert Spearman as indorsed on X21/7; - death intestate of Joseph Forster leaving his wife Elizabeth and daughter Ann Esther as his heirs at law; - D/X 21/11; - D/X 21/12 Operative Part - (1) released (a) to (3) for £325 Property: (a) garden in South Bailey, Durham formerly in occupation of Joseph Forster, late of Henry Egerton, now of William Eddis Habendum: - To (3), to the use of (3) for ever Operative Part - (1) assigned (b) to (3) Property: (b) burgage or tenement with two garths adjoining on the backside in South Bailey, Durham Habendum: - to (3) for residue of term of 40 years Covenant: - By (2) that she had not done anything to adversely affect the properties Witness: - Thomas Hopper