INDENTURE ROBERTS WALTON AND PAUL TICKLE WILL PADIHAM

[Stanley]

Transcription by Stanley Challenger Graham 16th July 2017

Transcript of a document on vellum, 24" X 30". Three sheets titled Indenture, Issue and Advantage.

Inscription on cover: Dated 25 January 1838.
Assignment of a certain share and interest under the will of the Late Paul Tickle Esquire.
Mrs Mary Roberts and Mr William Roberts to Messrs Roberts and Walton.

Alcock and Dixon, Burnley.

First sheet.
THIS INDENTURE made on the 25th of January in the year of our lord 1838 between Mary Roberts of White Lee in the Forest of Pendle in the county of Lancaster Widow and William Roberts of Padiham in the said county Cotton Spinner of the one part and James Roberts and William Roberts both of Burnley in the said county Cotton Spinners and Ambrose Walton of Manchester in the said county Cotton Spinner of the other part.
WHEREAS Paul Tickle of Hunter Holme within Higham Booth in the said county of Lancaster a gentleman deceased duly made and executed his last will and testament in writing bearing date 9th of October 1834 in such manner and form as is by law required for rendering value devised of real estates wherein and whereby after reciting that he was possessed or entitled unto a certain estate farm or tenement commonly called or known by the name of the Dyke Farm or estate situate and being in within the township of Tebay in the parish of Orton in the county of Westmorland; also one other estate or farm adjoining the last known by the name of the Wood End Estate or tenement upon which was erected a public house or inn distinguished by the sign of the Cross Keys and both which farms or estates were in the tenure or occupation of Robert Glenning or his under tenants. Also that he was possessed or entitled unto a copyhold messuage farm or tenement commonly called or known by the name of the Lower Croft House Estate at Dimpenley in the manor of Ightenhill in the county of Lancaster and then in the tenure or occupation of Henry Slater; Also that he was possessed of certain copyhold cottages or dwelling houses situate and being at Cheapside within Habergham Eaves in the said county of Lancaster and distinguished by the numbers 1 and 2. Also all those his lately erected copyhold cottages or dwelling houses situated marked and described in progressive numbers number 1 to 68 in St Giles Street or Club Street in the town of Padiham in the said county of Lancaster. Also that he was entitled unto two other copyhold cottages or dwelling houses situate in the back lane commonly called the Pinfold Houses and numbered from number 12 to number 18. Also all those his newly erected cottages or dwelling houses situate at the East end of Padiham aforesaid commonly called Little Harwood Houses and numbered from number 19 to 25. Also all that his freehold property situate on the South side of the road near the bottom of the town in Padiham aforesaid which he had lately purchased from one John Holland whereon he had erected several cottages or dwelling houses as numbered from 26 to 32. Also that he was entitled unto fifteen shares of Five Pounds each in the newly erected factory or cotton mill in Padiham aforesaid and then occupied upon lease for a term of years by Messrs Henry and Elijah Helm and that he was further entitled unto eight shares of Ten Pounds each in the then newly established market place in Burnley in the said county of Lancaster. He gave and bequeathed all and singular his freehold, copyhold or other estates hereditaments and premises with the appurtenances thereunto belonging or appertaining together with all his money securities for money whether in mortgaged bonds, bills, promissory notes book and all other debt or debts his farming stock and all other his goods including the whole of his real and personal property whatsoever and wheresoever and of what nature and kind soever of what he was then possessed or which he should be possessed of or entitled unto at the time of his decease unto James Whitaker of Padiham aforesaid grocer and draper, John Roberts of White Lee within Higham Booth aforesaid the son of his sister the said Mary Roberts and John Heelis of Burnley aforesaid, attorney at law their heirs and assigns to stand fined and seized thereof in trust to and for the several uses intents and purposes as thereinafter mentioned and expressed and not otherwise. And the testator directed that as soon after his decease as convenient an inventory and valuation and sale either by private contract or public auction should be made of all and singular his farming stock, husbandry utensils and all other his goods and chattels (subject to what he had before given to his wife which was his furniture and an annuity of three hundred pounds per annum for her life payable as in his said will mentioned and the purchase money thereof and all his other money or monies he willed and directed should be placed upon good and sufficient security or securities or vested in the purchase of land or buildings or in the mortgage of land or buildings as would appear to his trustees most advisable and interesting to his estate or to the devises under that his will. And the testator by his said will further willed and directed that the whole of the rents profits and issues of his before mentioned and described real estate or estates including his interest in the cotton mill or factory in Padiham his interest in the new market place in Burnley aforesaid and also the interest and proceeds of his personal property (subject to his said wife's annuity and other payments and expenses therein before and after mentioned) and all the rest residue and remainder of such rents issues and proceeds should be divided into five equal parts. Another part or share he gave equally to and amongst the children of his late Sister Susannah wife of Thomas Rimington. Another part or share he gave to his sister Betty or Elizabeth the wife of the afore named James Whitaker and on her decease equally to and amongst her children. Another part or share he gave unto his sister Sarah the wife of Richard Webster and on her decease equally to and amongst her children. And another part or share he gave unto his brother William Tickle during his life and on his decease equally to and amongst his children. And on the decease of his said wife and the decease of the survivors and survivor or the longest liver of his said three sisters and brother the testator willed and directed that final and conclusive distribution should be made of all and singular his afore said real and personal property whatsoever and wheresoever and of what nature and kind soever precisely in such manner and form as the ? interest and form thereof as were therein before directed to be made. That was to say one part or share thereof equally to and among the children of the before named Sister the said Mary Roberts and the lawful issue of such of them who might happen to be dead. Another part or share thereof equally to and among the children of his before mentioned Sister Susannah Rimmington deceased and the lawful issue of such of them as might happen to be dead. Another part or share thereof equally to and amongst the children of his above named Sister Betty or Elizabeth Whitaker and the lawful issue of such of them who should happen to be dead. Another part or share thereof equally to and amongst the children of his before named Sister Sarah Webster and the lawful ...... [At this point the narrative continues on the second sheet headed ISSUE]

ISSUE of such of them as might happen to be dead. And another part or share thereof equally to and amongst the children of the aforesaid Brother William Tickle and the lawful issue of such of them who should happen to be dead. And the said testator further directed in order to more fully fulfil and accomplish the several intents and purposes of that his will testator therefore authorised and empowered his said trustees and their heirs with a discretionary power to sell and dispose of the whole or any part or parts of his said freehold, copyhold or any other estate or estates his share or shares of the Cotton Mill or factory in Padiham and his interest in the new market shares in Burnley aforesaid at such time or times and in such manner and form as would appear to them most proper and convenient and most conducive to the general interest of his devisees or legatees or their heirs or their heirs and assigns under and by the virtue of that his will and on making such sale or sales as aforesaid the testator directed that his said trustees or their heirs should make out good titles and that their receipts should be a sufficient discharge as in his said will mentioned and of his said will appointed his said trustees executors, AND WHEREAS as the said testator departed this life on or about the day of November 1834 without altering or in any way revoking his said will which was subsequently namely on the 27th of April 1835 duly proved by the said James Whitaker and John Roberts only in the consistory court of Chester AND WHEREAS the Widow and Brother and Sisters before mentioned of the said testator are still living AND ALSO WHEREAS the same trustees or some of them have out of the accumulation of the said rents and profits of the real and personal estate of the testator built and erected a certain large mill and factory at Padiham aforesaid and now in the occupation of the said William Roberts of Padiham and others AND WHEREAS the said Mary Roberts party hereto hath four children and the said William Roberts of Padiham is one and on the death of his said mother Mary Roberts will be entitled to one fourth of one fifth or one twentieth part of the whole of the rents and profits of the real and personal estates of the testator subject to a proportional part of the annuity to the testator's widow and on the death of the survivor of them the said Widow and Brother and Sisters as in the said will mentioned the said William Roberts of Padiham will will be entitled to the like share or proportion of in and to the whole of the personal estate of the testator or the monies or proceeds to arise from the sale thereof and all accumulation thereon (if when such contingencies or events happen he, the said William Roberts of Padiham shall be then living) AND WHEREAS the said William Roberts of Padiham is in want of the sum of One Thousand Pounds to answer his necessary occasions and hath applied to the said James Roberts William Roberts of Burnley and Ambrose Walton to advance and lend him the same which they have agreed to do on the same William Roberts of Padiham and his Mother the said Mary Roberts assigning over to them one fourth of one fifth or one twentieth part of the whole of their respective interests in the real and personal estate and accumulations thereon so devised by the will of the said Paul Tickle as aforesaid subject to a proportional part of the annuity payable to the Widow of the said Paul Tickle for her life AND WHEREAS the said Mary Roberts hath been applied to by the said William Roberts her son and in consideration of the natural love and affection she bears towards him and for his advancement in life hath agreed to assign one fourth of one fifth or one twentieth part of her interest in the real and personal estate of the said Paul Tickle in manner hereinafter mentioned. NOW THIS INDENTURE WITNESSETH that in consideration of the said agreements recitals matters and things hereinbefore recited and set forth. And also in consideration of the sum of One Thousand Pounds of lawful money of the United Kingdom of Great Britain and Ireland to the said William Roberts of Padiham by the said James Roberts William Roberts of Burnley and Ambrose Walton (at the request and with the consent of the said Mary Roberts testified by her being a party to and executing these presents in hand well and truly paid at or before the sealing and delivery of these presents the receipt whereof the said William Roberts of Padiham doth hereby acknowledge) and of and from the same doth acquit release and forever discharge and exonerate the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns by these presents and for the considerations aforesaid and in consideration of the sum of ten shillings of like lawful money by the said James Roberts William Roberts of Burnley and Ambrose Walton to the said Mary Roberts in hand well and truly paid at or before the sealing of these presents the receipt whereof she doth hereby acknowledge. They the said Mary Roberts and William Roberts of Padiham HAVE and each of them HATH bargained, sold assigned transferred and set over and by these presents DO and each of them DOTH (according to their several and respective claims estate and interest) bargain sell assign transfer and set over to the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns ALL and singular one fourth of one fifth or one twentieth part of and in all and singular the messuages mills buildings lands tenements monies goods chattels and effects so devised and bequeathed by the hereinbefore in part recited will of the said Paul Tickle and of and in all and singular other the real and personal or other the estates and effects of which the said Paul Tickle died possessed interested or entitled unto and so devised and bequeathed as aforesaid or the like share and proportion of the monies or other proceeds arising or to arise from the sale or other disposition thereof and the rents issues and profits thereof TOGETHER with all the rights members privileges and appurtenances thereto. AND all and singular one fourth of one fifth or one twentieth part of the whole of any other the estate right title share and interests of the said Mary Roberts and William Roberts of Padiham of in and to the real personal or other estate of the said Paul Tickle so devised and bequeathed as aforesaid and all and every benefit and ....... [At this point the narrative continues on the third sheet headed ADVANTAGE]


ADVANTAGE thereof TO HAVE HOLD receive perceive take and enjoy the said property interests hereby or intended to be hereby assigned to the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns absolutely or according to the respective natures tenures or qualities thereof. PROVIDING NEVERTHELESS that of the said William Roberts of Padiham his executors administrators or assigns shall and do on demand well and truly pay or cause to be paid unto the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns the full and just sum of One Thousand Pounds with interest for the same after the rate of Five Pounds for every Hundred Pounds for a year to be computed from the day or the date hereof until the actual payment of the said Principal money without any deduction on any account whatsoever and also the costs charged and the expenses of preparing these presents and all other costs charges and expenses which the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns may incur or be put unto by virtue of these presents or anything contained in here or referred to them and in such case the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns shall and will reassign unto the said Mary Roberts and William Roberts of Padiham their executors administrators and assigns for such estate and in such shares as they respectively held or were entitled to the same immediately before the date of these presents the monies estates affects and premises hereby assigned or so much and such part or parts thereof as the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns shall not have then received by by virtue of these presents. AND for the consideration aforesaid they the said Mary Roberts and William Roberts of Padiham have and each of them hath made ordained nominated constituted and appointed and by these presents do and each of them doth make ordain nominate constitute and appoint the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns and each and every of them their and each of their true and lawful attorney and attorneys for them the said Mary Roberts and William Roberts of Padiham or either of them their or either of their heirs executors and administrators and in her his or their name or names to demand ? for recover and receive of and from all and every or any person or persons liable or entrusted to pay convey surrender deliver or pay the said one undivided fifth part or share being one twentieth part or share of the said real or personal or other estates monies and premises hereby assigned or any part or parts thereof as aforesaid and from time to time upon receipt thereof or of any part or parts thereof receipts acquittances or other sufficient discharges for the same or any part thereof to make sign seal and deliver AND FURTHER to do and execute all and every other act and acts requisite and expedient for effecting the intentions of the parties hereto and the trusts and purposes for which these presents are made as fully and effectually to all intents and purposes as they the said Mary Roberts and William Roberts of Padiham their heirs executors or administrators could or might have done on their own proper person or persons if these presents had not been made. AND the said William Roberts of Padiham for himself his heirs executors and administrators doth hereby covenant promise and agree to and with the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns that he the said William Roberts of Padiham his heirs executors or administrators shall and will on demand pay or cause to be paid to the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns the sum of One Thousand Pounds of lawful English money with interest for the same after the rate of five pounds for every one hundred pounds for a year to be computed from the day of the date hereof until the day of the payment of the said principal sum of money without any deduction on any account whatsoever. And also all costs charges and expenses incurred by the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns in preparing these presents or otherwise howsoever in recovering payment of the said sum of One Thousand Pounds and interest as aforesaid or any part thereof or in any way connected with the trusts of these presents. AND the said Mary Roberts and William Roberts of Padiham for themselves and their respective heirs executors and administrators do hereby covenant promise and agree to and with the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns that they the said Mary Roberts and William Roberts of Padiham either jointly or separately at the time of the sealing and delivery of these presents have in themselves good right and full and lawful power and authority to assign and transfer such one fourth of one fifth or one twentieth part of the said estates monies and premises hereby assigned unto the said James Roberts William Roberts of Burnley and Ambrose Walton their executors administrators and assigns in the manner aforesaid and according to the true intent and meaning of these presents. AND ALSO that they the said Mary Roberts and William Roberts of Padiham their executors or administrators shall not nor will at any time hereafter convey or receive the said monies estates and premises nor make do execute or knowingly occasion or suffer any act deed matter or thing whatsoever whereby or by means or in consequence thereof that they the said James Roberts William Roberts of Burnley and Ambrose Walton their heirs executors administrators or assigns shall or may be prevented hindered or interrupted from receiving recovering or enforcing the conveyance receipt or payment of the same or any part thereof. AND ALSO that they the said Mary Roberts and William Roberts of Padiham their executors or administrators shall and will at any time or times hereafter at the request of said James Roberts William Roberts of Burnley and Ambrose Walton their heirs executors administrators or assigns but at the cost and charges of the said William Roberts of Padiham on terms hereafter at the request of said James Roberts William Roberts of Burnley and Ambrose Walton their heirs executors administrators or assigns according to the nature and tenure thereof premises to and for their own use and benefit as they or their Counsel in the Law shall advise or require subject as aforesaid. IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written.....

Indenture signed and sealed by Mary Roberts, William Roberts of Padiham, witnessed by Henry M Ormrod.

Also appended is the following:
Received the day and year first within written of and from the before named James Roberts, William Roberts of Burnley and Ambrose Walton the sum of One Thousand Pounds being the full consideration money within mentioned to be by them paid to me.
Signed by William Roberts of Padiham. Witnessed by H M Ormrod.


SCG/17/07/17
3738 words