RepositoryCheshire Record Office
LevelItem
ReferenceDDS 3/43
TitleIndenture
Date13 Dec 1693
DescriptionParties: 1. Francis Lindley of Bowleing Yorks Esq, George Piggot late of Preston now of Manchester Lancs Esq, Thomas Minshall of Manchester Gent., 2. John Shallcrosse of Shallcrosse [Shallcross] Derby Esq., 3. Edward Downes of Shrigley [Pott Shrigley] Esq, Edward Downes Gent his son and heir.

Signed and sealed: Francis Lindley, G. Pigot, Thomas Mynshall, Jno. Shallcross, Edw. Downes, Edw. Downes jun.

Witnesses (endorsed): Thomas Cantrell, Thomas Davenport, Nath. Gee, Richard Mynshall, Deniss Cass his mark, John Harkness his mark ("H"), Ashton Meakers.

Declaration of Uses of a Surrender to be made in next Halmot of Macclesfield of the estate of Edward Downes senior in the capital messuage of Shrigley or the Hall of Shrigley in Potshrigley [Pott Shrigley] and its appurtenances and in Potshrigley Milne and in lands in Potshrigley [Pott Shrigley], Bollington and Hurdsfeild [Hurdsfield] and Ranow [Rainow], except reserved to him for life a house called Plats house in Potshrigley [Pott Shrigley] and a messuage called Smalls tenement there; which estate was created by Surrender 20 April 1686 from Edward Downes senior and his son Edward and Richard Legh of Lyme Esq and Thomas Stafford of the Bothomes Gent to Francis Lindley, George Piggot and Thomas Minshall made in pursuance of Articles of Agreement 28 May 1685 between Edward Downes senior and his son Edward; and which estate is in trust as laid down in Indentures 4 August 1685 between 1.the Downes' 2. Thomas Cooper and John Mather of the city of Chester Gents 3. Lindley, Piggot, and Minshall whereby the third party should surrender to the Use of E.Downes senior for life remainder E. Downes junior and cause £1,000 to be paid at death of E. Downes senior to his children begotten upon his wife Elizabeth Downes.

Uses declared;- Estate to be surrendered by party 1 to use of Edward Downes junior and Sarah Downes his wife or survivor and their heirs for term of life of Edward Downes senior subject to provisoes, remainder to use of Francis Lindley, and Piggott and Shallcross their survivors and executors for 1,000 years, remainder Peter Legh of Lyme Esq, John Beresford of Beresford Staffs Esq, Robert Assheton of Bradway Derbys Esq, Benjamin Ashton of Hathersich Derbys Gent and their heirs to uses to be limited by Edward Downes junior, remiander the use of Edward Downes junior.

Provisoes;- £1,000 to be paid to Trustees for Edward Downes senior's children by his late wife Elizabeth dcsd namely Lawrence, Margaret, Eleanor and Anne within one year of his death in default of which Trustees are to distrain and trust is to terminate; Minshall to be discharged of the trust placed upon him by Surrender 20 April 1686 and Indentures 4 August 1685; John Shallcrosse to become joint trustee with Francis Lindley and George Piggott for the raising of the £1,000 and the conveyance of the so charged premises; Edward Downes senior reserves for term of his life the right to use certain property and to mine coal as specified in Articles of Agreement October 1688 between him ans his son, at a rent of 10s. per annum and repair of damage, and to receive weekly payments as mentioned therein.

English
Mark: No.9.duplicate Uncle Downes's Deed/ 13 Decr 1693/ (6) 13th Decr 1693/ 5th W & Mary/ No.6.
Physical DescriptionParchment: 2 membranes, 1. 32½" wide by 24". 2. 25½" wide by 6". Seals: Six identical on labels, red, round, 13mm diam., device a fleur de lys.
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