1. Indenture dated 4th November 1691, Doc Ref: odhs068

This indenture made the fourth day of November in the third year of the reign of our sovereign lord and lady William and Mary King and Queen of England Scotland France and Ireland defender of the faith and in the year of

our Lord one thousand six hundred and ninety one between Samuel Freeman of Olney aforesaid in the county of Bucks Lacemaker of the one part and Thomas Pettitt of Olney aforesaid in the county aforesaid Grocer of the other part were as Anne Pettifer

late of Olney aforesaid widow deceased by her last will and testament in writing did ever and devise unto the said Samuel Freeman and to his heirs all that messuage cottage or tenement with the appurtenances in Olney aforesaid where in she the

said Anne Pettifer then did and the said Samuel Freeman now doth dwell together with the yard there with used as it then was and now is fenced out together also with the east moiety or east part of the barns commonly called or known by the name of school house

(as it then was and now is divided) together also with the orchard and garden thereunto adjoining and belonging together with the wall standing or being between the said messuage or tenement and the tenement or dwelling house then in tenure or occupation of

the said Samuel Freeman and now of William Kellitt and Anne his wife and also liberty of ingress and egress into upon and from and for setting ladders upon the yard and ground then in the tenure or occupation of the said Samuel Freeman and now of the

said William Kellitt for thatching and repairing of the said house  in the said Anne Pettifer then did and the said Samuel Freeman now doth dwell except the said tenant then in the tenure or occupation of the said Samuel Freeman and now of the said William Kellitt

and yard thereunto adjoining and belonging as it then was and now is fenced out and also accept liberty of ingress egress and regress for such as should be owners of the said tenement or dwelling house afore mentioned be then in the tenure or occupation of the said Samuel Freeman and now of the

said William Kellitt and to and for their heirs and assigns and to and for Susanna Ashburner widow during her widowhood into upon through and from the said orchard and yard and yards now of the lane there unto and from the said tenement aforementioned to be late in the tenure or occupation of the said

Samuel Freeman and now of the said William Kellitt with team’s carts carriages and for other necessary occasions and at all other times without doing or suffering any wilful damage to be done to the then owners of the said orchard and also except the use of the house or office standing or being in

the same yard and for hanging and drying of clothes in the said orchard and upon hedges thereof and unto and from the well in the said yard for water and except liberty to continue the timber and other materials upon the said wall in such manner as the same already laid and

placed and to lay and place other timber and other materials upon the same wall when need shall require except also unto such as shall be owners of the said tenement aforementioned to be late in the tenure or occupation of the said Samuel Freeman and now of the said William Kellett the

lean to adjoining unto said dwelling house late of the said Anne Pettifer and except the west part of the said barn or school house which said messuage cottage or tenement yard east part of the said barn and orchard garden and appurtenances were given devised

unto the said Samuel Freeman and his heirs by the said Anne Pettifer upon the trust and confidence that he or they should sell the same messuage and other the said premises (except before excepted) after her decease and with the money arising upon the sale thereof should pay several legacies or sums of

money to several persons at several days or times mentioned in the last will or testament amounting in the whole to forty and seven pounds of lawfull money of England as in and by the said last will or testament it doth and may more at large appear how the indenture witnesseth

that the said Samuel Freeman as well in pursuance of the said last will and testament of the said Anne Pettifer and for and in performance of the trust in him reposed by the said Anne Pettifer touching the same will and the sale of the messuage and premises afore recited and have in after mentioned to be granted

as also for and in consideration of the sum of fifty pounds  of good and lawfull money  of England to him the said Samuel Freeman in hand well and truly paid by the said Thomas Pettit at or before the sealing and delivery of these presents the receipt whereof (or secrecy for the same)

the said Samuel Freeman doth hereby acknowledge and himself therewith fully satisfied and there of and of every part and parcel thereof doth clearly and absolve acquit and discharge the said Thomas Pettitt his heirs executors administrators and assigns and every of them for ever by these presents and for diverse other

good causes and consideration him the said Samuel Freeman hereunto moving hath granted aliened bargained sold enfeoffed released and confirmed and by these presents doth fully clearly and absolutely grant alien bargain sell enfeoff release and confirm unto the said Thomas Pettitt his heirs and

assigns for ever all that the afore recited messuage cottage or tenement where in the said Anne Pettifer lately did and the said Samuel Freeman now doth dwell together with the yard there with part and the east moiety or east part of the said barn and orchard and garden aforementioned thereunto adjoining

and belonging and the wall aforementioned the aforementioned house and grounds of the said William Kellitt and Anne the said wife and the grounds and orchard in the tenure or occupation of John Alsop being on the north side thereof and the house and ground of John Sibthorp on the south side

thereof the street lying at the west and hereof and the backside or lane there lying at the east end of and also the aforementioned liberty or ingress egress and regress into upon and from and for setting of ladders upon the said yard and ground aforementioned to be late in the tenure or

occupation of the said Samuel Freeman and now of the said William Kellitt for thatching and repairing of the said house where in her said Anne Pettifer lately did and the said Samuel Freeman now doth dwell together also with all houses outhouses trees hedges fences tree boards mounds ways

easements **** profits commodities hereditaments and appurtenances whatsoever to the said premises belonging or in anyway appertaining or therewith now commonly used occupied or enjoyed reputed or taken as part parcel or member thereof and the reversion and reversions remainder of the said premises

and every part and parcel thereof and all the estate right of title interest use possession trust claim and demand whatsoever of the said Samuel Freeman of in and unto the said premises and of in and unto every part and parcel thereof and all deeds evidences and writings whatsoever concerning the said premises or

any part or parcel thereof now in the hands or custody of the said Samuel Freeman or in the hands or custody of any other person or persons in trust for him or to his use or by his delivery and which he can come by without suit in law or expense of money except the said treatment aforementioned to be late in the tenure or

occupation of the said Samuel Freeman and now of the said William Kellitt and except the said yard thereunto adjoining and belonging and lean to afore mentioned adjoining to the said dwelling house and except the west part of the said barn and liberty to the well and use of the house of office as is afore mentioned and also

except such liberty of ingress egress and regress into upon through and from the said yard and orchard and gates next the lane with teams carts and carriages and otherwise and for hanging and drying of clothes in the said orchard and upon the hedges thereof and for laying and placing and continuing

of timber and other materials already placed upon the said wall when need shall require in such manner as was given or devised by the said Anne Pettifer to such as should be owners of the said tenement aforementioned to be late in the tenure or occupation of the said Samuel Freeman and now the said William Kellett

in or by the last will or testament of the said Anne Pettifer in writing as aforesaid which said premises were sometime of the inheritance of our Raphaell Griggs late of Warrington in the parish of Olney aforesaid deceased and by the said Raphaell Griggs were (among other things) given or devised to Joseph Gale of

Clifton Reynes in the said county of Bucks deceased and to Richard Haworth of Wellingborough in the county of Northampton also deceased and their heirs in or by his last will or testament in writing and by the said Joseph Gale and Richard Haworth were (among other things) conveyed to Rowland Forster late of

Olney aforesaid Gent deceased and to his heirs and by the said Rowland Forster (among other things) were conveyed to John Pettifer late of Olney aforesaid deceased (late husband of the said Anne Pettifer) and to the Anne Pettifer his wife and to their heirs and assigns for ever to have and to hold

the said messuage or tenement where the said Anne Pettifer lately did (and the said Samuel Freeman now doth dwell and yard there with used and east part of the said barn and orchard and yard on thereunto adjoining and belong and wall or endwall and all and singular other the premises have by aforementioned meant

or intended to be granted bargained and sold with their and every of their liberty rights member and appurtenances except and always reserved **** as before mentioned to be expected and reserved unto the said Thomas Pettitt his heirs and assigns to the only proper use and behalf of the said Thomas Pettitt and

of his heirs and assigns for ever to be holden of the chase**** lord of lords of the fee or fees thereof by the rents and services therefore due and of right accustomed and the said Samuel Freeman for himself his heirs executors administrators and assigns and for every of them doth covenant promise grant

and agree to and with the said Thomas Pettitt his heirs and assigns and to and with of them by these presents in manner and form following (that is to say) that the said Samuel Freeman for and notwithstanding any act matter or thing had  made done or committed by him to the contrary at the time of

the ensealing and delivery of these presents go and standeth lawfully seized of and  in the said messuage cottage or tenement east moiety of the said barn and the said orchard and all and singular other the premises hereby aforementioned meant or intended to be granted bargained and sold with their and

every of their liberties rights  members and appurtenances (except before excepted) of and in an absolute indeterminable and indefeasible estate of inheritance in fee simple to the use of him the said Samuel Freeman of his heirs for ever without any manner of limitation condition power of revocation or

other thing to change encumber after determine or otherwise to make void the same and so shall and will continue thereof seized until some estate of inheritance of and in the said premises shall be had and executed unto the said Thomas Pettitt and his heirs by force hereof or in pursuit of these premises

and also that the said Samuel Freeman (for and notwithstanding any such act or acts as aforesaid) now hath full power good right and lawfull authority to grant bargain and sell the said premises unto the said Thomas Pettitt his heirs and assigns in manner and form aforesaid and according to

the purpose true intent and meaning of these presents and also that the said Thomas Pettitt his heirs and assigns and every of them shall or may from time to times and at  all times forever hereafter lawfully quietly and peaceably have hold use occupy possess and enjoy the said messuage cottage or

tenement east moiety of the said barn and the said orchard and all and singular other the premises hereby aforementioned meant or intended to be granted bargained and sold with their and every of their liberties rights members and appurtenances according to the purport and intent and

meaning of these presents (except before excepted) without the lawfully let interruption molestation eviction entry claim or demand of the said Samuel Freeman and Susanna his wife and his heirs and assigns of the said Samuel Freeman or any of them or of any other person or persons lawfully

claiming or that shall or may lawfully claim and estate or interest of or in the said premises or any part thereof by from or under them or any of them or any of their estates or titles on by their or any of their acts deeds means consents or procurements freed acquitted and discharged or shall be

freed acquitted and discharged and for every after shall remain continue and be unto the said Thomas Pettitt has heirs and assigns saved harmless and kept indemnified as well of and from the said legacies amounting to forty and seven pounds as aforesaid as after of and from all and all manner of

former and other bargains sales gifts grants alliances jointures dowers and of and from the jointure and dower of the said Susan Freeman fines uses wills entails leases mortgages statutes recognisances seizures forfeitures issues judgements excuses

rents accorages of all manner of rents titles troubles charges incumbrances and demands whatsoever heretofore had made done granted caused committed suffered or consented unto or hereafter to be made done granted committed suffered or consented unto the said Samuel Freeman and

Samuel his said wife and the heirs and assigns of the said Samuel Freeman or by any other person or persons lawfully claiming or that shall or may lawfully claim any estate or

interest of or in the said premises or any part thereof by from or under them or any of them their or any of their estates or

interests or by any of their acts deeds means defaults consents or procurements and also that the said Samuel Freeman his heirs and assigns and Susanna his said wife and all and every person and persons now having or lawfully claiming to have or which at any time or times

hereafter shall have or lawfully claim to have any estate right title interest or thing of in into or out of the said premises or any part or parcel thereof by from or under them or any of them their or any of their estates or interests shall and will from time to time and at all times hereafter

at the reasonable request costs and charges of the said Thomas Pettitt his heirs or assigns  make do seal deliver acknowledge suffer finish and execute and cause to be made done sealed delivered acknowledged suffered finished and executed all and every such other further lawful and reasonable

act and acts thing and things devise and devised assurance and assurances conveyance and conveyances in the law whatsoever for the further better and more perfect assurance surety sure making and conveying of the said messuage cottage or tenement east part of the said barn and the

orchard with their and every of their liberties rights members and appurtenances unto the said Thomas Pettitt his heirs and assigns to and for his and their proper use and uses for over according to the true intent and meaning of these presents be it by time or times recovery or recoveries

or otherwise how so ever as by the said Thomas Pettitt his heirs and assigns or by his or their counsel learned in the law shall be reasonably devised or advised and required and it is hereby covenanted granted and agreed by and between the said parties of these presents all and every

time or times recovery or recoveries and all other act or acts thing and things devise and devises assurance and assurances conveyance and conveyances hereafter to be had or made by for of these presents in pursuit thereof by or between the said parties to these presents above or

together with any other person or persons of or concerning the said premises alone or together with any other lands tenements or hereditaments shall be and inure and shall be deemed construed and taken to be and to inure (as for and concerning the premises here in before mentioned to be

hereby granted) to and for the only proper use and behalf of the said Thomas Pettitt and for his heirs and assigns forever and to or for none other use or uses intent or purposes whatsoever in witness whereof the parties first above named to these presents indentures have interchangeably set their

hands and seals the day and year first above written.

 

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