| Title | Assignment of mortgage between i) Sir Robert Thornhill and Charlwood Lawton esquire, both of Middle Temple, and William Bruncker, gentleman, of St. Andrews Holborn, ii) Ann Clayton, widow and relict of Robert Clayton, gentleman, of Birkin (Yorks), and devisee and administrator de bonis non of Elizabeth Taylor, widow, late of Birkin (Yorks), iii) Thomas Wright, gentleman, of Sheffield, devisee and executor of Vannam Clayton, iv) Francis Sitwell, gentleman, of Sheffield and v) Samuel Shore, merchant of Sheffield, reciting marriage settlement of 19 Sept. 1670 [D547M/T202], and that Everingham Cressey the younger died on 30 Aug. 1679, leaving Dorothy, countess of Roseberry, his only child, then an infant, unmarried |
| Description | Recites also that in Hilary term 1681 a bill was exhibited in Chancery by James Taylor and Elizabeth his wife, against Henry Lord Fairfax, Francis Nevile and Dorothy Roseberry, saying that Birkin (Yorks)holme was part of land limited for 40 years, and was mortgaged to Samuel Tireman for £750, and that mortgage since came to Henry Tireman, and that Everingham Cressey the younger married Elizabeth Taylor and that by marriage settlement of 5 May 1676 [D547M/T209] his estate was settled on him for life, remainder (apart from lands settled on Elizabeth as a jointure) to trustees for 500 years to raise £2000 for Dorothy and the money due on mortgage to Samuel Tireman, to the end that Elizabeth may enjoy her jointure freely, which lands were said to be worth £320 per annum;
recites that Elizabeth then married James Taylor, and that aim of bill was to allow them to enjoy her jointure;
decree of Chancery of 13 May 1685 said that Dorothy ought to enjoy her portion, without interest, then mortgage to be satisfied, then Elizabeth to have her jointure of £320 per annum, and trustees were to sell lands to effect this decree;
on appeal in 1702 it was said that interest should be paid to Dorothy at 5%
per annum, discounting yearly towards sinking the said principal of £2,000 and interest;
on 24 June 1706 Elizabeth Taylor completed the payment, but was not allowed to disturb Tireman in his possession of mortgaged lands;
recites deeds of 17 June 1706 and 22 July 1706 [D547M/T229], marriage settlement of 17 May 1676 [D547M/T210] and lease of 22 July 1706 [D547M/T229] and deed of 22 July 1706 between Elizabeth Taylor and Robert Thornhill, by which, in consideration of £1200, Elizabeth Taylor assigned to Robert Thornhill all the manor house of Birkin (Yorks), with lands, from death of Elizabeth Taylor until received all profits from jointure, in arrears since death of Everingham Cressey the younger, her late husband, till death of Elizabeth, at £320 per annum;
recites also lease and release of 20/22 July 1706 [D547M/T227], mortgage of 22 July 1706 [D547M/T226], will of Elizabeth Taylor [see D547M/F37] and settlement of 12 May 1713 [D547M/T232];
the interest on the £1200 is paid, so that only principal remains to Robert Thornhill;
now in consideration of £1200 paid by Samuel Shore to Robert Thornhill, he has assigned to Shore the said manor house and lands until Shore has received all profits of jointure;
Lawton assigns to Sitwell in trust for Shore all manor and lands limited for 40 years, Bruncker assigns to Shore all above lands limited for 500 years, for remainder of that term;
John Raphson has released Birkin (Yorks) Holme to use of Ann Clayton for ever [above, even date];
Ann is to have during her life rents and profits of manor and lands at Birkin (Yorks), paying annual rent of £60 to Shore, and interest on the £1200 in half yearly amounts;
Wright, Sitwell and Shore to join with Ann Clayton in sale of next presentation to church at Birkin (Yorks), Wright receiving £60 from purchase money;
if Wright, within 12 months of death of Ann Clayton, pays Shore £1200 with interest, then Shore and Sitwell will convey all above lands, except Birkin (Yorks)holme, to Wright. |