Catalogue description 6th May 1740. Indenture tripartite. Parties. Christopher Ince of Ince gent. eldest son...

6th May 1740. Indenture tripartite. Parties. Christopher Ince of Ince gent. eldest son and heir of Christopher Ince also deceased, who was younger brother and heir of Thomas Ince of Ince gent also deceased of the first part, Thomas Ince of Ince gent. younger son of the said decedant Christopher Ince of the second part and John Walmesley of Wigan Esq. and Hugh Holme of Upholland gent. of the third part

Reciting that deceased Thomas Ince by his will dated 3rd September 1703, charged his lands in Ince with £200 which he gave to the said Thomas Ince the party and appointed Mary his wife and the said Christopher Ince executors

And reciting that disputes had happened between the said John Ince and Thomas Ince, the party concerning the dispositions made by the several wills of the said Thomas Ince the uncle and Christopher Ince for the determining whereof the said John Ince and Thomas Ince the party agreed that Thomas Ince should discharge to the said John Ince the lands devised by the said will charged with the sum of £200 and from the said sum of £200 and that in consideration the said John Ince would ratify the disposition made by the will of the said Christopher Ince in favour of the said J.I. the party including a close of land in Aughton called the Lady Acre and the reversion in fee of four closes there called the Two water Mill Heyes, and the 2 Goddans's which the said Christopher Ince deceased formerly held by lease and afterwards purchased the reversion from Lord Molyneux save that the four last mentioned closes should be settled as in such agreement was expressed.

And reciting the said John Ince died before the said agreement was carried into execution but the said C.I. the party is willing to ratify the same upon the terms herein after expressed which are likewise agreed to by the said J.I. the party.

It is witnessed that in pursuance etc. the said Thomas Ince the party hath released unto Christopher Ince the charge of £200 and all the messuages devised by the will of the said Thomas deceased, in the occupation of the said Thomas Ince party, and that for the considerations and etc. the said Christopher Ince and Thomas Ince grant and release unto the said John Walmesley and Hugh Holme (In their actual possession by virtue of bargain and sale for one year by indenture dated the day before the date of those presents and by force of the statute of Uses, all that messuage in Billinge called Heys's House and the lands belonging thereto containing 18 acres now in the tenure of Richard Phithian

All that close in Aughton called the Lady Acre containing one acre.

And all those four closes in Aughton called the 2 water Mill Heyes and the 2 Goddans containing 9 acres, which said closes are in the present occupation of Thomas Ince

All that messuage situate in Aughton anciently called Westhead's and the lands belonging thereto containing 40 acres.

All that close in Lydiate called the Bow Meadow containing 2 acres in the present possession of Thomas Ince, and one moiety of two closes in Alkar called the kitchin and the kitchin meadow containing 7 acres, one rod in the present occupation of Thomas Ince the party and John Dennet together with all houses, gardens etc. etc.

To hold the said messuages etc. to the said J.W. and H.H. as to the messuage etc. in Billinge and the Lady Acres in Aughton to the use of the said Thomas Ince the party for ever.

And as to the said closes called the water mill Heyes and the Goddans to the use of the said Thomas Ince the party for his natural life and from the determination of that estate to the use of the said J.W. and H.H. upon trust to preserve the contingent remainders hereafter limited and from the death of the said Thomas Ince the party to the use of the first son of the body of the said Thomas Ince and for default in fail.

And as to the leasehold messuages etc. whereof no use hath been hereby declared to the use of the said Thomas Ince the party for and during the terms unexpired.

Covenant by Thomas Ince the party for further assurance

And the like by Christopher Ince with John Walmesley and Hugh Holme

Executed by Christopher Ince and Thomas Ince

Witnesses

Richard Martindale

Thomas Hayward

Endorsed as inrolled by record before

Foster Cunliffe

William Hill

George Kenyon