Award of Robt Dormer, esq., Serjeant at Law, one of H.M.'s Justices of the Court...

By order of the High Court of Chancery of 22 July last in a cause between Edw. Smalman, gent. and Catherine his wife, plts and Edw. Cressett, esq., deft, it was ordered that the differences between them should be referred to Sir Thos Powys knt and Thos Vernon, esq., to award before 1 Aug. then next, and in case they failed be referred to Robt Dormer to judge before 1 Dec. inst. The 2 did not make any award and as Robt Dormer's time was short, by another order of 29 Nov. he was given until 25 Dec. inst.

Depositions to be laid before him. On perusal of deeds and evidences and pleadings by both sides, being willing to make an amicable end to differences between so near relations, [Cath. was Edw.C.'s sister] he declared:-

The Smalmans, at the request and cost of Edw.C. before 2 April next are not only to grant, assign and release to him all right and term of years, etc. they have in the manors of Holgate, Rushbury and Long Stanton or in the advowsons of the same and all houses and lands in the manors, formerly in the possn of Robt Cressett snr, esq., grandfather, Robt Cressett jnr, father, and Eliz. Cressett, the mother of Edw. and Cath. (all deceased), now or late in the possn of Edw. C., but also in all other estate, real and personal, of Robt C. jnr. and Eliz., other than such part of it as consisted in goods and one bond delivered by Madam Wheat, with covenants as Edw. C. or his counsel learned in the law advises. In return Edw. C., at the request and cost of the Smalmans, before next 2 April, is to assign, grant and convey the said manors, houses and lands, except the right of presentation and advowsons, to Row. Baugh, esq. and Rd Hosier, esq., by such grant as the Smalmans or their counsel advises, so that the same is charged with the annual payment of £60 by 2 half yearly payments in trust for Edw. Smalman and Cath. for their lives and of the longer liver, if the remainder of a term of 200 years yet to come and unexpired by the lease of 12 Oct. 2 Edw. VI [1548] granted by the Earl of Warwick to Wm Heath of the premises for 200 years and by mean assignments since vested in Robt Cressett jnr. and Eliz., shall so long continue, the first payment to be on 29 Sept. next; and after their deaths the payment is to be made to Cath. dau. of Edw. S. and Cath. for the rest of the term. If the Smalmans have other children living at their deaths, then the money is to be divided between them equally. If the Smalmans die without issue, then the payment is to be to the executors, etc. of the survivor of Edw. etc. for the rest of the term.

He appoints that all the sd leasehold manors, houses and lands in whosoever's possn they come, or in case of non-payment, be charged with the same.

He appoints that before 2 April Edw. C. shall by an obligation in the penalty of £200 become bound to Cath. Smalman, spinster, the dau., on condition of payment of £100 to her in case she shall marry or attain 18 years, whichever happens first.

To make a lasting peace he orders that the Smalmans and Edw. C. on or before 2 April seal mutual releases of all matters, controversies and demands each from the other until 22 July last before this award, nothing therein abrogating his award.

Assented to by E.Smalman and Edw Cressett before Tho: Phillips,R.Hasting, Hum. Parry, Tho. Twittey

Directed to "Edward Cressett Esq at Cund near Salop"