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Freehold Titles (ERO D/DPr198 Wm Towle etc to Eliz Heckford Bettingsland Wood)

21.10.1748 (Friday 21 October 1748)

document 31500005

this indenture made 31.10.1748 between Wm Towle of Leddenhall St St Catherine Cree Crouch alias Christchurch London grocer and Eliz his wife of the one part and Eliz Heckford of Braintree widow of the other part witnesseth that the said Wm Towle and Eliz his wife for and in consideration of the sum of 300li to them or one of them lent and in hand paid by the said Eliz Heckford at or before the sealing and delivery of these presents the receipt whereof they the said Wm Towle and Eliz his wife do hereby acknowledge and thereof and of every part and parcel thereof do and each of them doth for themselves their heirs executors and administrators fu lly and clearly absolutely acquit exonerate and discharge the said Eliz Heckford her heirs executors and administrators and every of them forever by these presents and for divers other good causes and considerations them the said Wm Towle and Eliz his wife hereunto specially moving they the said Wm Towle and Eliz his wife have and each of them hath granted bargained sold and demised and by these presents do and each of them doth grant bargain sell and demise unto the said Eliz Heckford her executors administrators and assigns all that wood and woodland commonly called Bettingsland wood or by whatsoever name or names the same be called or known containing by estimation 32a be the same more or less situate lying and being in the parish of Earls Colne etc with all ways profits etc and all wood timber and trees thereon growing and the reversion and reversions etc and all title etc of them the said Wm Towle and Eliz his wife or of them in or to the said premises or any part thereof to have and to hold the said wood and woodland hereditaments and premises herein before mentioned and intended to be hereby granted and demised with every part and parcel thereof with their and every their appurtenances unto the said Eliz Heckford her executors administrators and assigns from the day next before the day of the date of these presents for during and until the full end and term of 1000years from thence next ensuing and fully to be complete and ended without impeachment of waste yielding and paying therefore yearly and every year during the said term unto the said Wm Towle and Eliz his wife their heirs and assigns the rent of one peppercorn at the feast of michaelmas if the same be lawfully demanded provided nevertheless and upon this condition following that is to say that the said Wm Towle and Eliz his wife or either of them their heirs executors administrators and assigns shall and will well and truly pay and cause to be paid unto the said Eliz Heckford her executors administrators or assigns the full and just sum of 307li10s on or upon 1.5.next at or in the now dwelling house of the said Eliz Heckford situate in Braintree aforesaid without making any deduction defalcation or abatement for or in respect of any rates taxes charges assessments or other impositions whatsoever either military or civil that then or from thenceforth this present grant bargain sale and demise and every sentence covenant article clause herein contained shall cease determine and be utterly void to all intents and purposes whatsoever anything herein contained to the contrary thereof in any wise notwithstanding and the said Wm Towle for himself his heirs executors and administrators doth covenant promise and agree to and with the said Eliz Heckford her executors administrators and assigns by these presents in manner and form following that is to say that they the said Wm Towle and Eliz his wife or one of them their or one of their heirs executors administrators or assigns shall and will well and truly pay or cause to be paid unto the said Eliz Heckford her executors administrators or assigns the said sum of 307li10s at the time and place in the proviso and condition before mentioned and appointed for payment thereof according to the true intent and meaning of these presents and lastly that in case failure of payment shall be made of the said sum at the day and place aforesaid that then and from thenceforth they the said Wm Towle and Eliz his wife or either of them their or either of their heirs and assigns and all and every other person or persons whatsoever having or lawfully claiming to have any estate right interest or demand whatsoever in law or in equity of in to or out of the said premises hereby demised or any part or parcel thereof by from or under or in trust for him her or them shall and will from time to time and at all times hereafter upon the reasonable request and proper costs and charges in the law of the said Eliz Heckford her executors administrators and assigns make do acknowledge levy execute and suffer or cause and procure so to be done all and every such further and other lawful and reasonable act and act thing and thing deeds devices etc for the further better and more perfect and absolute confirming of the said wood woodlands hereditaments and premises with appurtenances and every part and parcel thereof unto the said Eliz Heckford her executors administrators and assigns or all the rest and residue of the said term of 1000years then to come and unexpired according to the true intent and meaning of these presents by the said Eliz Heckford her executors administrators or assigns or her or their counsels learned in the law shall reasonably devise etc and until default be made in payment aforesaid it shall and may be lawful for the said Wm Towle and Eliz his wife their heirs or assigns to fell cut take or carry away the underwood of and belonging to the said premises in such quantities and so often as the same hath been before usually done not exceeding 3a old timber other that once a year in witness whereof the parties abovementioned have set their hands and seals etc Wm Towle Eliz Towle

received the day within written by us the within named Wm and Eliz Towle the sum of 300li witnesses Jas Green Wm Black mortgage for 300li(inserted)