made the seventeenth day of June in the year of our Lord one Thousand Eight hundred and fforty two Between Ralph Pybus of Aisgarth Mill near Aisgarth in the County of York Miller of the first part William Purchas of Thoralby in the Parish of Aisgarth aforesaid Gentleman of the second part and John Nicholson of Thoralby aforesaid Grocer of the third part Whereas by Indenture of Release bearing date the second day of April One thousand eight hundred and forty two and made or exprefsed to be made between George Tanfield Bryan Cockbone and John Metcalfe therein respectively ~ ~ described of the first part Richard Mattinson John Mattinson and Elizabeth his wife Thomas Byker and Jinny his wife and Nanny Mattinson therein respectively described of the second part John Hammond and Mary Hammond therein respectively described of the third part John Tomlin Nancy Tomlin John Russell and James Russell therein respectively described of the fourth part David Fairbank William Terry William Terry the younger and Elizabeth Ryding therein respectively described of the fifth part William Fawcett and Martha his wife Joseph Bradwell and Ann his wife Elizabeth Coates William Stevenson and Dorothy his wife and John Fawcett and Elizabeth his wife therein respectively described of the sixth part William Terry therein described of the seventh part Archibald Craven Ann Craven and John Snell and Mary his wife therein respectively described of the eighth part the said Ralph Pybus of the ninth part and the said William Purchas of the tenth part and which said Indenture is expressed to be made in pursuance of an Act of Parliament pfsed in the fourth year of the Reign of Queen Victoria entitled "an Act for rendering a Release as effectual for the Conveyance of ffreehold Estates as a Lease and release by the same parties" And was acknowledged by the said Elizabeth Mattinson Jenny Byker Martha ffawcett Ann Bradwell Dorothy Stevenson Elizabeth Fawcett and Mary Snell pursuant to the Act of Parliament of the third and fourth years of the Reign of his late Majesty King William the fourth entitled "an Act for the Abolition of Fines and Recoveries and for the Substitution of more simple modes of afsurance" The allotment Inclosure or parcel of Ground and Hereditaments hereinafter described and intended to be hereby appointed and released Were (with other Hereditaments) exprefsed to be limited and assured To such Uses upon and for such Trusts and purposes and in such manner and form as the said Ralph Pybus should by any Deed or Deeds appoin And in default of appointment To the Use of the said Ralph Pybus and his assigns for his life without impeachment of waste with a limitation to the said William Purchas his executors and administrators during the life of the said Ralph Pybus In trust for the said Ralph Pybus and his assigns With remainder To the Use of the said Ralph Pybus his heirs and assigns for ever And Whereas the said Ralph Pybus hath contracted and agreed with the said John Nicholson for the absolute Sale to him of the said Allotment Inclosure or parcel of Ground and Hereditaments hereinafter described and hereby appointed and released or intended so to be the fee simple and Inheritance thereof But subject as hereinafter mentioned at or for the price or sum of Three hundred and fforty Pounds Now this Indenture Witnesseth that in pursuance of the said contract and in Consideration of the sum of Three hundred and forty Pounds of lawful British money to the said Ralph Pybus paid by the said John Nicholson at or before the execution of these Presents the receipt of which said sum the said Ralph Pybus doth hereby acknowledge and from the same and every part thereof doth release and for ever discharge the said John Nicholson his heirs executors administrators and assigns He the said Ralph Pybus by virtue and in execution of the power or authority given or reserved to him by the hereinbefore recited Indenture of release and of all other powers enabling him in this behalf Doth hereby direct limit and appoint That all and singular the allotment Inclosure or Parcel of Ground and Hereditaments hereinafter described and hereby released or otherwise described and hereby released or otherwise afsured or intended so to be together with all the Rights members and appurtenances thereto belonging shall hereafter remain continue and be To the only proper use and Behoof of the said John Nicholson his heirs and assigns for ever But subject as hereinafter mentioned And this Indenture also Witnesseth that for the considerations aforesaid And also in consideration of the sum of Ten shillings of like lawful money paid by the said John Nicholson to each of them the said Ralph Pybus and William Purchas at or immediately before the execution of these presents the receipt whereof is hereby acknowledged He the said William Puchas according to his Estate and Interest as such Trustee as aforesaid b the Direction of the said Ralph Pybus testified by his executing these presents Doth bargain sell and release And the said Ralph Pybus Doth grant bargain sell alien release and confirm unto the said John Nicholson his heirs and assigns All that Allotment Inclosure or parcel of Ground situate in and formerly part of Thoralby Haw and lately awarded unto Bryan Terry late of Thoralby aforesaid Gentleman and Elizabeth his wife respectively deceased under the Thoralby Inclosure Act and containing by a measurement Twenty ffive acres more or lefs all which said alloment is situate within the Township of Thoralby aforesaid and is now in the occupation of the said John Nicholson together with all the appurtenances thereto belonging And all the Estate Right Tithe Interest claim and demand whatsoever both at Law and in Equity of them the said Ralph Pybus and William Purchas and each ofthem in to or out of the same premises To have and To hold the said Hereditaments and premises hereby released or intended so to be with their appurtenances unto the said John Nicholson his heirs and assigns To the only proper Use and Behoof of the said John Nicholson his heirs and assigns for ever subject subject neverthelesfs to the payment of the annual ffee ffarm rent or sum of ffifteen shillings and ninepence payable for and in respect of the said hereby appointed and released Hereditaments And it is hereby declared that the Release hereby made is in pursuance of the said act of Parliament pafsed in the fourth year of her present Majesty instituted "An Act of rendering a Release as effectual for the conveyance of ffreehold Estates as a Lease and release by the same parties" And the said William Purchas for himself his heirs executors and administrators doth hereby covenant and declare with the said John Nicholson his heirs and assigns that he the said William Purchas hath not at any time herebefore made done executed or permitted any act Deed matter of thing whatsoever whereby or by reason or means whereof the said hereditaments and premises hereby release or intended so to be or any part thereof are or is charge incumbered or prejudicially affected in Title Estate or otherwise howsoever And the said Ralph Pybus himself his heirs executors and administrators doth hereby civenant and agree with the said John Nicholson His heirs and assigns in manner following (that is to say) that notwithstanding any Act Deed matter or thing whatsoever made don committed or knowingly suffered by him the said Ralph Pybus or any person or persons claiming through or under him to the contrary they the said Ralph Pybus and William Purchas or one of them now have or hath full power and lawful and absolute authority by these presents to limit appoint convey and assure the said Hereditaments and premises hereinbefore exprefsed to be hereby afsured with their appurtenances unto and to the use of the said John Nicholson his heirs and assigns for ever accepting to the true intent and meaning of these presents And that notwithstanding any such Act Deed matter or thing as aforesaid it shall and may be lawful for the said John Nicholson his heirs and afsigns at all times hereinafter peaceably and quietly to enter into hold and enjoy the same hereditaments with the appurtenances and the Rents and profits thereof to receive and take for his and their own Use and benefit without any Interruption of or by the said Ralph Pybus or any person claiming as aforesaid And that free and clear and freely and clearly and absolutely exonerated and discharged or otherwise by him the said Ralph Pybus his heirs executors or administrators effectually kept indemnified from and against all and all manner of former and other Estates Rights Titles charges and Incumbrances whatsoever made executed or occasioned by the said Ralph Pybus or any person claiming as aforesaid And moreover that he the said Ralph Pybus and his heirs and allpersons lawfully or rightfully claiming any Estate Right Title or Interest in or to the said Hereditaments and Premises hereby afsured or intended so to be or any part thereof through under or in trust for him or them shall and will from time to time and at all times hereafter upon the request and at the costs of the said John Nicholson his heirs or assigns make do and execute all such further and lawful and reasonable acts Deeds conveyances and afsurances for the more effectually or satisfactorily conveying and afsuring the said Heeditaments and Premises with their appurtenances unto the said John Nicholson his heirs and assigns for ever in manner and fform aforesaid as by the said John Nicholson, his heirs or afsigns or his or their counsel shall be reasonably advised and required And lastly the said Ralph Pybus for himself his heirs executors an administrators doth hereby Covenant and agree with and to the said John Nicholson his heirs or assigns shall and will ulefs hindered or prevented by fire or other inevitable accident produce and shew forth or cause and procures to be produced and shewn forth to the said John Nicholson his heirs or assigns or to his or their Solicitor agent or counsel at or before any court or courts of Law or Equity in England or Court for the examination of Witnesses and also give and deliver and permit to be examined and attested copies of the said hereinefore in part recited Indenture of Release of the second day of April One Thousand Eight hundred and fforty two And that he the said Ralph Pybus his heirs and afsigns shall and will in the mean time keep and preserve the same Indenture of Release safe and undefaced damage by fire or other inevitable accident only excepted In Witness whereof the said parties to these presents have hereunto set their hands and Seals the day and year first above written.

Signed Sealed and delivered by the within named

Ralph Pybus
James Sedgwick
John Hammond Solr West Burton