Bargain and Sale and Settlement

Q/RD/2/9

Bargain and Sale and Settlement

14 May 1751

(1) Edward Bowyer of Shervington, pa. Pembridge, gent and Catherine his wife, and Henry Fox of Shervington, gent.

(2) John Cooke of Thruxton, yeoman and Mary his wife

(3) Benjamin Jones of Thruxton, yeoman

(4) Tichicus Whiting of Cradley, clerk, and Arnold Russell of the city of Hereford, gent.

(5) George Cook and Martha Cook, only children of the said John and Mary Cook.

Reciting (a) Marriage articles 13 October 1738 of John and Mary Cooke

(1) John Cooke

(2) Mary Badger of Suckley, co. Worcs., sp.

(3) Zacharias Whiting, clerk, and John Thorneloe, gent.

(4) Benjamin Jones and Elizabeth his then wife, now decd. mother of Mary.

(1) agreed to convey and settle his freehold property late of his father William Cooke decd., in Thruxton, Kingstone and Allensmore of clear yearly value of £20 to (3) in trust.

(2) assigned her £600 Old South Sea Annuities to (3) in trust for her own use until the marriage then the third parties to sell out enough of the stock to raise £200 as Mary's marriage portion and pay the same to John, then to permit the residue to remain in the South Sea Fund receive the interest, and pay therefrom an annuity of £10 to Benjamin and Elizabeth Jones, during their joint lives, then to Elizabeth for her life if she survive Benjamin, or if she dies first, to pay £4 p.a. to Benjamin for life and the £10 annuity is to sink from Elizabeth's death. The third parties are then to pay the residue of the interest according to Mary's appointment and after the deaths of Benjamin and Elizabeth to receive and dispose of the capital stock and interest to and for such persons and uses directed by Mary.

(b) that the marriage was solemnized, the £400 residue of stock remained in the Fund, but was not transferred to the names of the trustees, in the Company's books and the interest was paid to Mary.

(c) the interest of the Company's stock being reduced by Act of Parliament Mary is desirous of investing the money in real estate and has agreed to sell the £400 residue of stock.

Now (1) to (4) at direction of (2) and (3)

A messuage in Thruxton, with all buildings, gardens, lands belonging thereto, and all other property of (1) in Thruxton (except a cottage garden and orchard about 1/2 acre, and a parcel of meadow containing c. 1 acre near a place called the Well Head).

A parcel of pasture and rough ground area 6 acres in Kingstone, called Thrashers Leasow.

In trust for the following uses:

Benjamin Jones to receive an annuity of £4 for life, with powers of distraint in default of payment, out of the premises.

The premises, subject to the annuity, to the use of persons as appointed by Mary, and in default or until such appointment, the trustees are to pay the rents and profits of the property to Mary, or persons appointed by her, for her own personal expenses, and not to be subject to debts or forfeitures of John. Then to the use of John for his life, after Mary's death, remainder to use of Martha Cooke for 1000 yrs., and from determination of that term, to use of George Cooke forever.

Limitation of the estate to Martha is in trust that she will after the deaths of her parents, mortgage sell or lease the property or otherwise raise therefrom £200 and keep the same. From the payment thereof, or from payment of £200 to Martha by George Cooke, or if she die before the £200 is due and payable, without leaving lawful issue, the term of 1000 yrs is to be void.

Consideration: £350 from Mary Cooke to (1) - part of money from sale of stock 5s. from (4) to (1)

Livery of seisin 8 January 1752

English

Enrolled at Quarter Sessions 27 December 1758.