Reverend Robert POOLE 1871, Abstract of Title to Land in parish of Kirkby Malzeard
Abstract of Title of the Reverend Robert Poole
Transcribed by Sheila K Douglas
1871
Abstract of the Title of the Rev’d Robert Poole
to several Closes or parcels of Land situate in the Township and parish of
Kirkby Malzeard in the County of York containing 23a 0r 36p or thereabouts
and contracted to be sold to Mr William Richmond for the sum of £550
By Indres of Lease and Release of these dates the latter made between
Edward Hebden of Fountains in the Parish of Ripon in the County of York
Yeoman and Lydia his Wife of the 1st part Geo. Yeates of Grantley in the
said Parish Gentleman of the 2nd part Robert Poole of Ripon aforesaid Clerk
of the 3rd part and Francis Walker of the same place Gentleman of the 4th part
After reciting that by certain Indentures of Lease and Release bearing date
Respectively on or about the 12th & 13th days of May 1817 & both made between
the said Edward Hebden of the one part & the said Geo Yeates of the other part.
It was witnessed that in consideration of the sum of £700 to the said Edward
Hebden paid by the said Geo Yeates He the said E. Hebden did grant bargain
sell alien release & confirm unto the said Geo Yeates his heirs & assigns All that
allotment piece or parcel of land or ground lying upon Kirkby Moors in the parish
of Kirkby Malzeard in the said County of York which was then lately awarded to
Miles Staveley Esq by the Commissioners named & appointed in & by a certain
Act of Parliament then lately passed intituled “An Act for dividing & inclosing certain
Moors Commons or Waste Grounds in the Parish of Kirkby Malzeard in the County
of York” & which said allotment contained by admeasurement 32,, 3,, 9 & was
bounded nearly East by Wm Tancred’s 1st allotment West by Mr Allanson’s 6th
Allotments North by Edward Dixon’s & Mr Allanson’s (as Lady) Allotments & on
the South by Swetton Road
And also that one other allotment in & upon the
said Moor or Common awarded by the said Commissioners to the said Miles
Staveley bounded nearly East by Mr Tancred’s second allotment West by
Wm Buck’s second allotment & Thomas Richmond’s old Inclosure North
by Swetton Road & South by William Bramley’s & Thomas Gill (In Trust)
allotments & Thomas Richmond’s old inclosures, & which said two allotments
contain together by admeasurement 56,,0,,5 Together with the appurtenants
To hold the same unto & to the use of the said Geo. Yeates his heirs & assigns
for ever upon the trusts nevertheless & with under & subject to the powers provisos
declarations & agreements & for the objects ends intents & purposes thereinafter
expressed or declared as & concerning the same such trusts being for the sale & conveyance of the said premises & application of the money arising therefrom in the
first place in the payment & satisfaction of all expenses attending such sale the
execution of the said Trusts and the costs and charges of preparing the now reciting
Indentures.
And in the next place for the payment satisfaction & discharge to himself
the said Geo Yeates of the said principal sum of £700 as therebefore expressed
with lawful interest as therein mentioned. And for paying over the surplus or residue
of the said Trust money unto the said Edward Hebden his executors administrators
and assigns or to when the said Edward Hebden his executors administrators or
assigns should or might direct or appoint:
And reciting that the said Geo Yeates had never availed himself of the power
of sale contained in the said recited Indenture of Release & the said sum of £700
then remained due & owing to him upon the said security all interests for the same
having been paid up the day of the date of the now abstract of Indenture
And reciting that the said Edward Hebden had contracted & agreed with the said
Robert Poole for the absolute sale to him of the said 2 allotments pieces or parcels
of land & hereditaments thereinbefore described along with messuage lands &
hereditaments thereinafter also described & intended respectively to be thereby
granted & released & the inheritance thereof in fee simple free from incumbrances
at or for the price or sum £1890 & upon the treaty for the said purchase it was agreed
that the said sum of £700 due & owing unto the said George Yeates upon or by
virtue of the said recited security should be paid to him by or out of the purchase
money or sum of £1890 and the said George Yeates had thereupon agreed as
to the said hereditaments thereinbefore described & comprised in the same security to recognize ratify & confirm the sale & conveyance thereof to the said Robert Poole
in manner therein expressed
It was by the now abstracting Indenture witnessed that in pursuance of the said
recited contracts & in consideration of the sum of £700 part of the said purchase
money or sum of £1890 to the said Geo. Yeates paid by the said Rob’t Poole
at the request of the said Edward Hebden testified &c in full for all principal &
interest money due & owing to the said Geo Yeates upon or by virtue of his said
security. The receipt &c and also in consideration of the sum of £1190 (being the
remaining part) of the said purchase money or sum of £1890) to the said Edward
Hebden paid by the said Robert Poole The receipt &c
They the said Edward Hebden & Lydia his wife did each of them grant bargain
sell release & confirm And the said Geo Yeates at the request of the said
Edward Hebden testified as aforesaid so far only as concerned the said allotments pieces or parcels of land & hereditaments thereinbefore described & comprised in
his said recited security & according to his estate and interest therein but not further
or otherwise did grant bargain sell release ratify & confirm unto the said
Robert Poole (in his actual possession &c by virtue of &c) & to his heirs.
All that Messuage tenement or Dwellinghouse situate standing and being at
Sower Ing within the hamlet of Swetton in the Constabulary of Larton otherwise
Laverton & Parish of Kirkby Malzeard aforesaid Together with all that close or parcel
of meadow ground wherein the said messuage tenement & dwellinghouse did stand
situate lying & being at Swetton aforesaid containing by estimation 8 acres more
or less All which said premises were theretofore in the tenure occupation or
possession of William Beckwith his assignee or assigns undertenant or
undertenants Also all that close piece or parcel of land called the New Intack with
its appurtenants situate lying & being in Kirkby Malzeard aforesaid containing by
estimation one acre or thereabouts, more or less also formerly in the tenure or
occupation of the said Wm Beckwith his assignee or assigns undertenant or undertenants Also all those several closes pieces or parcels of ground commonly
called Veeping Grounds situate lying & being in the township or parish of
Kirkby Malzeard aforesaid adjoining upon each other commonly called or known by
the several names of Matthew’s Piece, Cow Close, Old pasture,The Hill, The new
Intack, The far Nook containing together by estimation 5 acres more or less and
formerly tenanted by Wm Beckwith & which said pieces or parcels of ground
adjoined on the River Laver on or towards the South on the lands then lately of
William Beckwith & Leonard Umpleby on or towards the West & on Kirkby
Malzeard Moor on or towards the North & East
Also all those the said two allotments pieces or parcels of land or ground
thereinbefore described & comprised in the said recited Indentures of the
12th & 13th days of May 1817 & thereby granted & released unto the said
Geo. Yeates his heirs & assigns Upon the Trusts & in manner aforesaid
And also all those two other allotments or parcels of land which were theretofore
awarded by the said Commissioners named & appointed in & by the said Act of
Parliament for dividing & inclosing certain moors commons or waste grounds in
the said Parish of Kirkby Malzeard unto Christopher Hebden the father of the
said Edward Hebden to be held in severalty by him his heirs & assigns one
allotment whereof being parcel of Kirkby low Moor containing 3,, 1,, 18 of land &
bounded nearly East by the second allotment awarded to Philip Sands nearly
West by an allotment awarded to Leonard Umpleby & his own old inclosure
nearly North by Swetton Road & nearly South by his own old inclosure
And one other allotment being parcel of Kirkby Low Moor containing two roods
of land & drawing to a point on the East and bounded nearly West by his own old
Inclosure nearly North by the 6th allotment awarded to Elizabeth Allanson &
nearly South by Swetton Road
And also all that Messuage tenement or dwellinghouse with the Barn Stable &
outbuildings then lately erected & built in & upon the said last described
allotment All which said messuages tenements or dwellinghouses closes pieces
or parcels of land allotments hereditaments thereinbefore described & expressed
or intended to be thereby granted & released were then subdivided & better known & distinguished by the names & did contain according to a then recent survey thereof,
the respective quantities next thereinafter mentioned were the same or any of them
respectively more or less or otherwise called or known that was to say (inter alia)
Leonard’s allotment 7,,0,,25, allotment adjoining thereto 5,,1,,28 Barn close 5,,3,,0
West Field & Plantation 4,,1,,20 All which said lastly described premises contained altogether 72,,2,,27 were then in the occupation of Thomas Cundale
tenant of farmer thereof.
And all the appurtenants
And all the reversion &c
And all the estate &c
And all deeds &c
To hold the said messuages tenements or dwellinghouses lands hereditaments &
all & singular other the premises thereinbefore described & expressed & intended
to be thereby granted & released with their rights members & appurtenants unto
the said Robert Poole & his heirs for ever nevertheless To the use of such
person or persons for such estate or estates interest or interests & to & for such
intents & purposes & subject to such powers provisoes declarations & agreements
or without being so subject & in such manner & form as he the said Robert Poole
by any deed or deeds investment or investments in writing with or without power of
revocation & new appointment to be sealed & delivered by him in the presence of
& attested by 2 or more credible witnesses should from time to time or at any time
direct limit or appoint Remainder
To the use of the said Robert Poole & his assigns during the term of his
natural life sans waste Remainder
To the use of the said Francis Walker & his assigns during the life of the said
Robert Poole In trust nevertheless for the said Robert Poole and
his assigns Remainder
To the only proper use & behoof of the said Robert Poole his heirs & assigns
for ever
Covenant by the said Edward Hebden to levy a fine Lur?
Conveyance de droit come ceo? &c with proclamations &c
Declaration that the fine so levied should be & enure?
To the uses thereinbefore limited & declared of & concerning the same & upon &
for no other use trust intent or purpose whatsoever
Covenant by the said Geo Yeates that he had done no act to incumber
Covenants by the said Edward Hebden with the said Robert Poole that they
the said E. Hebden and Geo Yeates were lawfully seized – had good right to
grant & release – for peaceable possession – free from incumberances & for further assurances -
Executed by the said Edward Hebden, Lydia Hebden, Geo Yeates
& Robert Poole & attested
Receipt for consideration money (£700) endorsed signed by the said
Geo Yeates & attested
Receipt for (£1190) endorsed signed by the said Edward Hebden & attested
Registered at Wakefield the 28th of March 1820 in Book H. E. page 174 & no 183
Chirograph of Fine wherein the Rev. Robert Poole was Plaintif and
Edward Hebden & Lydia his wife, Defendants of
Two Messuages, 2 Cottages, 2 Barns, 2 stables, One Dovecote, one Toft,
one Curtilage, one Garden, one Orchard, 80 acres of Land, 40 acres of meadow,
40 acres of Pasture, 2 acres of land covered with water common of Pasture for all
cattle and common of Turbery with the appurtenants in Swetton and Larton
otherwise Laverton in the Parish of Kirkby Malzeard 13th & 14th May 1822
By Indentures of Lease, Appointment & Release of these dates, the appointments
& Release made Between the said Robert Poole of the 1st part, the said
Francis Walker of the 2nd part & Thomas Cass of Whixley Lodge in the said
County of York, Gentleman of the 3rd part
After reciting the hereinbefore abstracted Indentures of Lease & Release dated
respectively the 1st & 2nd days of May 1819 & made between Edward Hebden
& Lydia his wife of the 1st part Geo Yeates of the 2nd part the said
Robert Poole of the 3rd part & the said Francis Walker of the 4th part
After Reciting that the said Robert Poole having occasion for the sum of £1000
had agreed with the said Thomas Cass for the Loan to him thereof to be
secured by such appointment Council & assurance by way of Mortgage of the said
messuages lands & hereditaments as thereinafter was expressed
It was by the now abstracting Indenture witnessed that in consideration of the sum
of £1000 to the said Robert Poole paid by the said Thomas Cass The receipt
&c and in consideration of 10’s/ to the said Francis Walker paid by the said
Thomas Cass The receipts & He the said Robert Poole pursuant or authority
given or reserved to Indenture of Release & by virtue other power or powers authority
enabling him thereunto did direct limit & appoint
And Robert Poole & Francis Walker Estates & interests did each of alien release
& confirm unto his heirs.
All that messuage standing & being at the Hamlet of Swetton in Larton,
otherwise Laverton & in the said County Together with all that Close or parcel of
meadow Ground wherein the said Messuage tenement or dwellinghouse did
stand situate lying & being at Swetton aforesaid containing by estimation 8 acres
more or less All which said premises were theretofore in the tenure occupation or possession of William Beckwith his assignee or assigns undertenant or
undertenants
Also all that Close piece or parcel of ground called the new Intack with its
appurtenants situate lying and being in Kirkby Malzeard aforesaid containing by
estimation one acre or thereabouts more or less also formerly in the tenure or
occupation of the said Wm Beckwith his assignee or assigns undertenant or undertenants
Also all those several closes pieces or parcels of ground commonly called
Veeping grounds situate lying & being in the township or parish ofKirkby
Malzeard aforesaid adjoining upon each other commonly called or known by the
severa names of Matthew’s piece, Cow Close, Old pastur, the Hill, The new Intack,
The far Nook containing together by estimation 5 acres more or less & formerly
tenanted by Wm Beckwith & which said pieces or parcels of ground adjoined
the River Laver on or towards the South on the lands then lately of Wm Beckwith
& Leonard Umpleby on or towards the West, & on Kirkby Malzeard Moor in or
towards the North & East also all that allotment piece or parcel of land or ground
lying upon Kirkby Moors in the Parish of Kirkby Malzeard aforesaid which was
awarded to Miles Staveley by the Commissioners named & appointed in & by
a certain Act of Parliament passed in the Reign of His late Majesty King George
the 3rd, intituled “An Act for dividing & inclosing certain Moors Commons or waste
grounds in the Parish of Kirkby Malzeard in the County of York” & which said
allotment contained by admeasurement 32,,3,,9 & was bounded nearly East by
Wm Tancred’s 1st allotment, West by Mr Allanson’s 6th allotment North by
Edward Dixon’s & Mrs Allanson’s (as Lady) allotments and on the South by
Swetton Road
Also all that one other allotment in & upon the said Moor or common awarded by
the said Commissioners to the said Miles Staveley bounded nearly East by
Mr Tancred’s second allotment, West by Wm Buck’s second & Thomas
Richmond’s second allotment & Thomas Richmond’s Old Inclosure, North
by Swetton Road & South by Wm Bramley’s & Thomas Gill’s (in Trusts)
allotments & Thomas Richmond’s Old Inclosure & which said 2 allotments
contained together by admeasurement 56,,0,,3
And also all those two other allotments or parcels of land which were theretofore
awarded by the said Commissioners named & appointed in & by the said Act of
Parliament unto Christopher Hebden the father of the said Edward Hebden,
to be held in severalty by him his heirs & assigns one allotment whereof being
parcel of Kirkby Low Moor containing 3a 1r 18p of land & bounded nearly east b
the 2nd allotment awarded to Philip Sands, nearly West by an allotment
awarded to ** Leonard Umpleby** & his own Old Inclosure nearly North by
Swetton Road & nearly South by his own Old Inclosure and one other allotment
being parcel of Kirkby Low Moor containing 0a,, 2r,, 0p & drawing to a point on
the East, & bounded nearly West by his own old Inclosures nearly North by the
6th allotment awarded to Elizabeth Allanson & nearly South by Swetton Road
And also all that Messuage Tenement or Dwellinghouse with the Barn Stable &
outbuildings then lately erected & built in & upon the said last described allotment
All which said messes tenements or dwellinghouses Closes pieces or parcels of
land allotments & hereditaments thereinbefore described & expressed or intended
to be thereby appointed granted & released & were then subdivided & better
known & distinguished by the names and did contain according to a then recent
survey thereof the respective quantities next thereinbefore mentioned were the
same or any of them respectively more or less or otherwise called or known that
was to say (inter alia) Sunside allotment 7,, 0,, 25,
allotment adjoining thereto 5,, 1,, 28,
Barn close 5,, 3,, 0
Westfield & Plantation 4,, 1,, 20
All which said last described premises contained altogether 72,, 2,, 27
were then or late in the occupation of Thomas Cundale as tenant or farmer
thereof Together with the appurtenants
And the reversion &c
And all the estate &c
And all deeds &c
To hold the said Messuages tenements or dwellinghouses Closes land
hereditaments & other the premises thereinbefore described & intended to be
thereby appointed granted released or otherwise assured Unto & to the use &
behoof of the said Thomas Cass his heirs & assigns for ever subject
nevertheless to the Proviso and agreement for Redemption of the said premises
thereinafter contained, that was to say:
Proviso for redemption in payment by the said Robert Poole his heirs
administrators to the said T. Cass his executors administrators or assigns of
the sum of £1000 with interest after the rate of £4 10s for every £100 by the
year on the 14th day of November then next
Covenant by the said Robert Poole his heirs executors & administrators
with the said T. Cass his executors administrators & assigns for payment of the Mortgage debt & interest as therein mentioned
Covenant by the said Francis Walker that he had not incumbered
Covenants by the said R. Poole that he had good right to limit & appoint and
that they the said R. Poole & Francis Walker had like power to grant & release –
for peaceable possession in case of default – & for further assurance
Declaration that all persons then or thereafter becoming seized of any term of years
in the said premises should be seized thereof in trust to attend the inheritance for the purpose of protecting the same from all mesne incumbrances
Executed by the said R. Poole & attested
Receipt for consideration money £1000 signed & attested
Registered at Wakefield the 25th July 1822 in Book H. 2. Page 296 & No. 243
28th March 1825 Receipt (endorsed on the last abstracted deed) on payment of £300
by the said Robert Poole to the said Thomas Cass on account of Mortgage money
23rd November 1825 Receipt (endorsed on the last abstracted deed) on payment of
£300 by the said Robert Poole by the said Thomas Cass on account of
Mortgage money.
9th & 10th May 1826 By Indentures of Lease & release the latter made between said
Thomas Cass of the 1st part the said Robert Poole of the 2nd part & the said
Francis Walker of the 3rd part
After reciting the last abstracted Indentures of Lease & Release of the
13th & 14th May 1822
And Stating that all principal & interest monies due to the said Thomas Cass by
virtue of the said recited Mortgage security having been paid off & satisfied the said
Robert Poole had requested the said Thomas Cass to release & re-convey
the same premises unto him in manner thereinafter mentioned –
It was by the now abstracting Indenture witnessed that in consideration of all principal money & interest secured to the said Thomas Cass by virtue of his said
security having been satisfied & paid to him which he did thereby acknowledge
And also in consideration of 10/- to the said Thomas Cass paid by the said
Robert Poole The receipt &c He the said Thomas Cass did bargain sell alien
& release unto the said Robert Poole (in his actual possession &c by virtue of &c)
& his heirs. All that the said Messuage or Farmhouse, outbuildings, lands &
hereditaments described & comprised in the last abstracted Indentures of Lease &
Release & by the same or a similar description Together with the appurtenants
And the reversions &c
And all the estates &c
To hold unto the said Robert Poole his heirs & assigns for ever nevertheless
To the use of such person or persons for such Estate or Estates interest or interests &
to & for such intents & purposes & subject to such powers provisoes declarations & agreements or without being so subject & in such manner & form & he the said
Robert Poole by any deed or deeds instrument or instruments in writing with or
without power or revocation & new appointments to be sealed & delivered by him in
the presence of & attested by 2 or more credible witnesses should from time to time
or at any time direct limit or appoint Remainder
To the use of the said Robert Poole & his assigns during the term of his natura
life sans waste Remainder
To the use of the said Francis Walker & his heirs during the life of the said
Robert Poole
In trust nevertheless for the said Robert Poole his assigns Remainder
To the only proper use & behoof of the said Robert Poole his heirs & Assigns
for ever
Covenant by the said Thomas Cass that he had not incumbered
Executed by the said Thomas Cass & Robert Poole & attested
Registered at Wakefield the 11th day of May, 1826 in Book I. P. Page 40 & No. 43
10th September 1834 By Indenture of Settlement of this date made Between the
said Robert Poole desceasd as of Ripon in the County of York, Clerk of the one
part, & James Charnock of Ripon aforesaid Clerk & John Poole of Gillhead in
the Parish of Cartmell in the County of Lancaster, Gentleman of the other part
After stating that the said Robert Poole had determined to convey & assure the
Messuages or tenements & hereditaments thereinafter described to the said
James Charnock & John Poole to the uses & upon the trusts & in manner
thereinafter contained
It was by the now abstracting Indenture witnessed that in pursuance of the said
determination & in consideration of 10s/ by the said James Charnock & John Poole
to the said Robert Poole paid The receipt &c. He the said Robert Poole did
grant bargain, sell, alien & release unto the said Jmeas Charnock (in their actual possession &c by virtue of &c) & to their heirs & assigns (inter alia)
And also all that messuage tenement or dwellinghouse situate standing and being
at Sower Ing within the Hamlet of Swetton in the Constablery of Larton
otherwise Laverton & parish of Kirkby Malzeard aforesaid Together with all that
Close or parcel of Meadow Ground wherein the said Messuage tenement or
dwellinghouse did stand situate lying & being at Swetton aforesaid containing by
estimation 8 acres more or less
Also all that plot piece or parcel of ground called the new Intack with its appurtenants
situate lying & being in Kirkby Malzeard aforesaid containing by estimation one acre
or thereabouts more or less
And also all those several closes pieces or parcels of Ground commonly called
Veeping Grounds situate lying & being in the Township or parish of Kirkby
Malzeard aforesaid adjoining upon each other commonly called or known by the
several names of Matthew’s Piece, Cow Close, Old Pasture, The Hill, The New Intack,
The far Nook containing together by estimation 5 acres more or less & which said
pieces or parcels of ground adjoined the River Laver on or towards the South, on the
lands formerly of Wm. Beckwith & Leonard Umpleby on or towards the West & on
Kirkby Malzeard Moor on or towards the North & East Also all those 2 certain
allotments pieces or parcels of land or ground described and comprised in certain
Indentures of Lease & Release bearing date respectively the 12th & 13th day of May
1817 & thereby granted & released unto George Yates (therein described) his
heirs and assigns by way of Mortgage & upon the trusts for sale & in manner therein mentioned
And also all those 2 other allotments or parcels of land which were theretofore
awarded by the said Commissioners named & appointed in & by the said Act of
Parliament for dividing & enclosing certain Moors commons or waste grounds in
the said Parish of Kirkby Malzeard unto one Christopher Hebden to be held by
him in severalty by him his heirs & assigns one allotment whereof being parcel of
Kirkby Low Moor containing 3,, 1,, 18 of land & bounded nearly East by the 2nd
allotment awarded to Philip Sands nearly West by an allotment awarded to
Leonard Umpleby & his own old inclosure nearly North by Swetton Road and
nearly South by his own old Inclosure
And one other allotment being parcel of Kirkby Low Moor containing 2 roods of
land & drawing to a point on the East & bounded nearly West by his own old
Inclosures nearly North by the sixth Allotments awarded to Elizabeth Allanson
& nearly South by Swetton Road
And also all that Messuage tenement or dwellinghouse with the barn stable &
outbuilding then lately erected & built in & upon the said last described Allotment
All which said messuages tenements or dwellinghouses closes pieces or parcels
of land allotments & herediaments thereinbefore described & expressed or intended
to be thereby granted & released were then lately subdivided & better known &
distinguished by the names & did contain according to a then recent survey thereof
the respective quantities next thereinafter mentioned were the same or any of them
respectively more or less or otherwise called or known that was to say (inter alia)
Sunside Allotments 7,, 0,, 25
allotment adjoining thereto 5,, 1,, 28
Barn Close 5,, 3,, 0
West Field & Plantation 4,, 1,, 20
All which said lastly described premises contained altogether 72,, 2,, 27
Together with the appurtenants
And the reversion &c
And all the Estate &c
To hold the same unto them the saId James Charnock their heirs & assigns
But To the uses upon the Trusts & with under & subject to the power provisoes &
declarations namely To the use of the said Robert Poole & his assigns for &
during the term of his natural life, sans waste Remainder
To the use of the said James Charnock & John Poole & their heirs during the
life of the said Robert Poole
Upon Trust to support & preserve the contingent uses from being defeated or
destroyed but nevertheless to permit & suffer the said Robert Poole & his assigns
during his life to receive & take the rents issues & profits of the said hereditaments &
premises to & for his & their own use & benefit and from & after the decease of the
said Robert Poole
To the use & intent that the said James Charnock & John Poole & the survivors
of them & the executors administrators & assigns of such survivor during the life of
John Barry Poole of Ripon aforesaid Gentleman (the son of the said
Robert Poole & party thereto) by & out of the rents issues & profits of the said
hereditaments & premises receive & take an annuity of £50 & to be possessed thereof
Upon trust to pay the whole or so much thereof as they the said Trustees & Trustee
for the time being acting under the Trusts of the now abstracting Indenture should in
their discretion think proper into the hands of the said John Barry Poole for his life
or otherwise apply the same for the benefit of him & his issue as therein mentioned
And from and after the decease of the said John Barry Poole
To the use & intent that they the said Trustees might raise by Sale or Mortgage as
therein mentioned portions for the child or children of the said J. B. Poole not
exceeding in the whole £1000 and from & after the uses & intents aforesaid should
have been fully completed or should have become incapable of taking effect Then
To the only proper use & benefit of Robert Poole of Ripon aforesaid Clerk
(son of the said Robert Poole party thereto) his heirs & assigns absolutely for ever
& to for or upon no other use trust intent or purpose whatsoever Declaration that all
sales & mortgages &c made by the said Trustee’s should be valid & that their receipts
should be good discharges for the purchase or mortgage monies & as to the
investment & division of the monies so raised amongst the child or children of the said
John Barry Poole, with powers for advancement & maintenance Power to appoint
new Trustees with usual Indemnity clause
Executed by the said Robert Poole & John Poole & attested by 2 witnesses
Registered at Wakefield on the 11th day of September 1834
In Book L. R. Page 740 & No. 720
22nd March 1843 The said John Barry Poole died on this day unmarried and
without leaving any lawful child or issue him surviving & was interred at Bishop
Monkton in the Parish of Ripon in the County of York
4th July 1843 The said Robert Poole the party to the last Abstracted Indenture
died on this day and was interred at Bishop Monkton aforesaid
2nd September 1843 By an Indenture of Release of this day made Between the said
James Charnock & John Poole of the 1st part The Rev. Robert Poole of the
City of Ripon, Clerk of the 2nd part & the Rev John Charnock of Bishopton Close
aforesaid of the 3rd part
After reciting that by Indentures of Lease & Release & settlement bearing date
respectively the 9th & 10th days of September 1834 meaning the hereinbefore
abstracted Indentures of the same date
And stating that the said J. B. Poole departed this life on the 22nd day of March
then last past unmarried & without leaving any lawful child or children
And stating that the said Robert Poole party to the said in part recited Indentures departed this life on the 4th day of July also then last past And stating that in
consequence of the death of the said John Barry Poole unmarried and without
leaving child or children and also of the death of the said Robert Poole the elder
the Trusts created in the said thereinbefore in part recited Indentures of Lease &
Release had become satisfied or otherwise inoperative & incapable of taking effect wherefore the said Robert Poole partly thereto had requested the said
James Charnock & John Poole to convey & assure the said several
hereditaments & premises so conveyed to them as aforesaid to him & his heirs in
the manner thereinafter expressed which they had agreed to do
It was by the now abstracting Indenture witnessed that in pursuance of the said
request & agreement & in consideration of 5/ to the said James. Charnock &
John Poole paid by the said Robert Poole party thereto The receipt &c
They the said James Charnock & John Poole did each of them bargain sell alien
& release unto the said Robert Poole party, thereto & his heirs
All & singular the said Messuages or tenements lands hereditaments & premises
thereinbefore particularly described & comprised in the said in part recited Indentures
of Lease & Release Together with the appurtenances
And the reversion &c
And all the Estate &c
To hold the same unto the said Robert Poole party thereto, and his heirs wholly
& absolutely freed exonerated and discharged of & from the said in part recited
Indentures of Lease & Release & all & every the trusts directions provisions &
agreements in the said Indenture of Release contained of & concerning the same or
any part thereof, But
To such uses intents & purposes as he the said Robert Poole party thereto
should by any deed or writing executed in the presence of 2 witnesses direct or
appoint & in default of any & subject to every such direction or appointment
To the use of the said Robert Poole, party thereto, & his assigns for his life Remainder
To the use of the said John Charnock & his heirs during the natural life of the said
Robert Poole party thereto In trust for the said Robert Poole party thereto &
his assigns. Remainder
To the use of the heirs & assigns of the said Robert Poole party thereto for ever
Declaration by the said Robert Poole, party thereto, to bar dower
Covenant by the said James Charnock & John Poole that they had not
incumbered
Executed by the said James Charnock, John Poole & Robert Poole & attested
Registered at Wakefield the 11th day of Oct. 1843 in Book O. S. Page 618 & No 590
Extract from the Tithe apportionment of Kirkby Malzeard
in the parish of Kirkby Malzeard in the County of York.
Landowners
Poole the Rev. Robert
Occupiers
George Wright
No
316 Allotment Pasture 5a 1p 18r
317 Barn yard & Garth 0a 2p 0r
318 Allotment Arable 4a 2p 0r
319 Allotment Arable 5a 1p 18r
320 Allotment Arable 7a 2p 0r