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Owen Thomas of Cause Castle Salop 2. Charles Marsh Adams of Shrewsbury Esquire. Edward...

Catalogue reference: 279/100

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This record is a file about the Owen Thomas of Cause Castle Salop 2. Charles Marsh Adams of Shrewsbury Esquire. Edward... dating from 8 July 1839.

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Reference
279/100
Date
8 July 1839
Description

Owen Thomas of Cause Castle Salop 2. Charles Marsh Adams of Shrewsbury Esquire. Edward Haycock of the same place architect and Thomas Baker of the same place merchant 3. William Johnson of Shrewsbury accountant. Lease. Consideration 10/- for the term of a year at a pepper-corn rent. Property the manor of Cause. Cause Farm in the parish of Westbury 440 acres 1 rood 15 perches as described in the schedule attached; and also a messuage called Camhelig Ucha 116 acres 1 rood 20 perches late in the tenure of Richard Jones in the township of Rhiwlas Uchfod in the parish of Llansilin in the County of Denbigh devised in the will of Mr. Richard Thomas, and all appurtenances.

Witnesses: Beauchamp N.O. Russell Clerk to Mr. How and Harwood Thomas solicitor Shrewsbury.

Attached to this is the release dated 9 July 1839

Parties as above.

Recited indentures:-

2 November 1848 Richard Thomas late of Tryssbwell in the parish of Llansilin Co. Denbigh deceased father of Owen Thomas in his last will dated 13 May 1818 devised the tenement called Camhelig Ucha in the township of Rhiwlas Moch-y-fael in the parish of Llansilin to his son Owen subject to the payment of £250 to his son Robert and subject to a further payment of £3 a year to his son Richard Thomas during his natural life and he expressed his will that if any or all of his sons died without legal heirs that the property should be given to the surviving brothers or sisters or their heirs

24 & 25 June 1839

Owen Thomas 2. Harwood Thomas of Shrewsbury gentleman. lease and release of the secondly described premises free of encumbrances except the annuity charged thereon, to Harwood Thomas to the use of Owen Thomas and then to the use of Harwood Thomas. Now Owen Thomas limits and appoints that all the manor and hereditaments described, shall be to the use of Charles Marsh Adams, Edward Haycock and Thomas Baker for ever subject to the trusts expressed; also in consideration of the agreement and the further sum of £12,000 paid to Thomas by Adams, Haycock and Baker, Owen releases the premises now in their actual possession by the lease of 8 July 1839, premises as therein described; upon trust that until default shall be made in payment of the sum of £12,000, they shall suffer Owen Thomas to enjoy the hereditaments, but without power to commit waste; and upon further trust that if default shall be made, then they Adams, Haycock and Baker shall enter into possession, and after 2 months they shall sell by public auction or private sale the property, and out of the monies there arising satisfy the costs of such sale, and the principal sum of £12,000. Owen Thomas covenants to repay the money and interest at the rate of 5% on the ninth of January next ensuing, and as long as the principal sum shall be owing the rate of interest shall be paid half yearly 9 January and 9 July. Baker, Adams and Haycock declare that the sum of £12,000 is from a joint account and in the event of the death of one of them before the payment of the sum it shall be repayable to the survivors of the deceased. They may call the mortgage in at any time they think fit within the period of ten years; if payment of principal or interest shall be delayed for more than three months then it shall be lawful for O. Thomas to be distrained for payment. It is agreed that William Johnson should be the first receiver, and to recompense him for his care he is to deduct not more than 1/- in the £1 received. If he for any reason shall cease to collect the rents Baker, Adams and Haycock shall be free to nominate another receiver, but in the case of any loss caused by any receiver Owen Thomas shall be answerable; the receiver not to collect rents until the interest on the principal is in arrear for 3 months. Witnesses: Beauchamp N.O. Russell clerk to Mr. How solicitor Shrewsbury, Harwood Thomas solicitor Shrewsbury.

Endorsed receipt for the sum of £12,000 signed Owen Thomas. Also a memorandum that the sum of £2000 part of £12,000 is the proper money of James Oliver of Spring Hill near Wellington and that Baker, Adams and Haycock have executed a declaration of trust by indenture of even date with this. Signed Wm. Wybergh How.

Held by
Shropshire Archives
Language
English
Immediate source of acquisition

Deposited by Mr. M. Severne

Record URL
https://beta.nationalarchives.gov.uk/catalogue/id/2ae8197c-2425-42b2-a3ff-8a6d5353174b/

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120,163 records

This record is held at Shropshire Archives

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Owen Thomas of Cause Castle Salop 2. Charles Marsh Adams of Shrewsbury Esquire. Edward...