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Freehold Titles (ERO D/DPr225 Mary Niccolls to Hen Adams tenement near green)

21.12.1708 (Thursday 21 December 1708)

document 29400005

this indenture made 21.12.1705 between Mary Niccolls of Colne Engaine spinster of the one part and Hen Adams of Earls Colne yeoman of the other part whereas Mary Bayly of Earls Colne widow in and by her last will and testament in writing bearing date on or about 18.4.1705 amongst other things therein bequeathed did give and bequeath unto the said Mary Niccolls and her heirs all that freehold messuage tenement or cottage situate standing and being in Earls Colne in a certain green called Colne Green with all and singular the yards gardens backsides to the said tenement belonging or appertaining to hold unto the said Mary Niccolls and to her heirs and assigns forever as by the probate thereof relation being thereunto it doth and may more fully and at large appear now this indenture witnesseth that the said Mary Niccolls for and in consideration of the sum of 12li to her in hand well and truly paid by the said Hen Adams the receipt whereof is hereby acknowledged and thereof and of every part and parcel thereof doth acquit exonerate and forever discharge the said Hen Adams his executors administrators and assigns by these presents hath granted bargained sold aliened enfeoffed and confirmed and by these presents doth fully clearly and absolutely grant bargain sell alien enfeoff release and confirm unto the said Hen Adams all that the aforesaid freehold messuage tenement or cottage situate standing and being in Earls Colne in a certain green called Colne Green and now in the tenure or occupation of Peter King his assignee or assigns undertenant or undertenants with all and singular the yards gardens backsides to the said tenement belonging or appertaining or with the said house or tenement commonly used or enjoyed or which are accepted reputed or taken to be part parcel or member of the same and the reversion etc and the rents issues and profits of all and singular the said premises and of every part and parcel thereof and also all the estate right title interest etc of her the said Mary Niccolls of in or to the same premises and every or any part or parcel thereof together with all deeds writings escripts and muniments whatsoever touching or concerning the same premises which she hath in her custody or can come by without suit in law to have and to hold the said messuage or tenement yards gardens backsides and all and singular other the premises with appurtenances herein before granted bargained sold aliened enfeoffed and confirmed or herein or hereby meant mentioned or intended so to be and every part and parcel thereof unto the said Hen Adams his heirs and assigns forever to his and their own proper use and behoof for ever more and the said Mary Niccolls for herself her heirs e xecutors and assigns doth covenant promise and agree to and with the said Hen Adams his executors and assigns by these presents that she the said Mary Niccolls for and notwithstanding any other matter or thing done to the contrary by her at any time of the ensealing and delivery of these presents is and standeth rightfully and lawfully seised in her demesne of sure perfect and absolute estate of inheritance in fee simple without any manner of condition use trust or other limitation to alter change or determine the same and also hath good right and lawful authority to grant bargain sell alien enfeoff release and confirm the premises aforesaid with the appurtenances and every part thereof unto the said Hen Adams his heirs and assigns in manner and form aforesaid and that she the said Mary Niccolls for and notwithstanding any matter or thing done to the contrary now hath at the time of the executing of these presents to the said Hen Adams full power and lawful and absolute authority to grant bargain sell alien enfeoff release and confirm the said messuage or tenement yards gardens and premises with the appurtenances and every part thereof unto the said Hen Adams his heirs and assigns forever and also that the said messuage tenements yards gardens and backsides with the appurtenances thereunto belonging and every part thereof shall from henceforth and at all times forever hereafter remain continue and be unto the said Hen Adams his heirs and assigns freed acquitted and discharges of and from all and all manner of former and other gifts grants bargains sales titles etc by the said Mary Niccolls or any other person or persons whatsoever lawfully claiming or to claim by from or under the said Mary Niccolls or by her means assent consent privity or procurement and further the said Mary Niccolls for herself her heirs executors and administrators doth further covenant promise and agree to and with the said Hen Adams his executors administrators and assigns in manner and form following that is to say that she the said Mary Niccolls her executors administrators or assigns shall and will at all times within the space of 5years form thence next ensuing upon the reasonable request but at the proper costs and charges in the law of the said Hen Adams his executors or assigns make do or acknowledge suffer and execute etc all and every such further lawful and reasonable act and acts etc in the la w whatsoever for the further and more better and perfect assuring and sure making of the premises herein before mentioned to be hereby granted bargained sold aliened enfeoffed released and confirmed etc or intended so to be and every part and parcel thereof unto the said Hen Adams his heirs and assigns forever be is by fine or fines etc so as the said Mary Niccolls her heirs or assigns or such other person or persons who shall be required to make such further assurance be not compelled or compellable to travel further than the cities of London or Westminster for the doing thereof which said fine and fines etc by or between the parties to these presents or any of them of for touching or concerning the said messuage tenement and premises with appurtenances and all other the before hereby granted premises with the rights members and appurtenances and every or any part thereof shall be and enure and shall be construed adjudged and taken to be and enure to the only proper use and behoof of him the said Hen Adams his heirs and assigns forever and to and for none other use intent or purpose whatsoever and lastly that he the said Hen Adams his heirs and assigns and every of them shall and may from time to time and at all times forever hereafter peaceably and quietly have hold use occupy possess and enjoy the said messuage or tenement yards etc and the rents issues and profits etc to have receive take and enjoy to his and their own proper use and behoof without let trouble denial disturbance etc of or by the said Mary Niccolls her heirs or assigns or any other person or persons lawfully claiming or to claim the said premises or any part thereof from by or under the said Mary Niccolls her heirs and assigns etc to these presents they have se t their hands and seals the day first above written mark Mary Niccolls

received the day and year within written of Hen Adams the sum of 12li being the consideration money within mentioned witness Wm Holman L P Jenner Mary Nicolls devisee in fee of Mary Bayly widow her release and confirmation to Hen Adams in fee of a tenement on Colne Green in Earls Colne in the occupation of Peter King