Indenture between Thomas Phillips of the town of Salop gent. Dorothy his wife, and Hannah Phillips daughter and only child of Thomas Phillips 1st part, William Adams of Chatwell Staffs, Katherine and Robert Adams, wife and son and heir of William Adams 2nd part, and Edward Phillips of Adcott Salop gent. brother of Thomas Phillips, Richard Phillips of Linley gent. and brother of Thomas Phillips, John Jellicorse of Shifnal and Robert Devey of Clive Staffs of 3rd part.
Whereas a marriage agreed upon between the parties and to be solemnized between Robert Adams and Hannah Phillips, indenture witnesses that Thomas Phillips and Dorothy his wife in consideration of the marriage, and in consideration that William Adams granted and conveyed and is to surrender to the uses of Robert Adams and Hannah for their maintenance, and jointure of Hannah, in case the marriage shall take place, and for the uses of their children, a plentiful estate of lands and tenements both freehold and customary. Thomas Phillips and Dorothy his wife have released to Edward Phillips, Richard Phillips, John Jellicorse and Robert Devey, in possession by bargain and sale made for one year, by indenture the day before the present deed; the messuage with appurtenances in the Isle of Up Rossall now in the occupation of Margaret Ligstock widow, called The Isle Gate; to hold by Edward Phillips, Richard Phillips, John Jellicorse and Robert Devey, to the uses, estate intents and purposes declared and appointed; To the use and behoof of Thomas Phillips during his natural life, and immediately on the determination of the estate to the use of the trustees during the life of Thomas Phillips to preserve the contingent estates created, to permit Thomas Phillips to receive the rents and profits during his life, then to the use of Dorothy Phillips during her life subject to the proviso that immediately upon the general decease of Thomas Phillips and Dorothy his wife, to the use of Robert Adams and after his decease to the use of Hannah Phillips for her natural life, for failure of that estate to the use of the trustees and their heirs for the preservation of the contingent estate upon trust to permit Hannah to receive the rents and profits during her life time, and heirs, in default of heirs male, to any daughter of Hannah and Robert Phillips. In default of any issue to the use of Edward Phillips, son of Edward Phillips of Adcott, for his natural life and immediately after the forfeiture of the estate to the use of the trustees Edward Phillips, Richard Phillips, John Jellicorse, and Robert Devey and their heirs for the life of Edward Phillips the son and his sons in priority of birth, and in default of such to the use of Thomas Phillips son of Richard Phillips and his heirs, in default of such to the use of Thomas Phillips son of Abraham Phillips of Salop Butcher, and in default of such to the use of Thomas Phillips, party to the present. Provided that if Dorothy Phillips shall happen to survive Thomas Phillips, party to the agreement, and in such case if Robert Adams or Hannah or other persons to whom the freehold or inheritance shall belong, following the present agreement, shall make the arranged yearly payment to Dorothy from the death of Thomas Phillips her husband, sum of £16 at two half yearly payments Michaelmas and Lady day. After the death of Thomas Phillips Dorothy is to be permitted to use the parts of the dwelling house called the new parlour, and the chamber and closet therein over the same, the chamber over the great butter, the spence under the new stairs, with that garret over the new rooms, and the new orchard and garden, parcel of the premises and on such permission and payment it may be lawful for Robert Adams and Hannah or other persons to whom the freehold of the premises shall be expected shall after the death of Dorothy, receive her premises, and during the natural life of Dorothy shall receive the rents and profits as if Dorothy had no estate but if payment of £16 p.a to Dorothy is not made, or if delayed more than 30 days from the stated times, then proviso shall be void and Dorothy Phillips and her assigns may enter and enjoy the tenement and premises as in her former estate.
Covenant of Thomas Phillips with William Adams to the sum of £300 from the date of 6 months from the consummation of the intended marriage between Robert Adams and Hannah Phillips, and cause plate of value £50 to be delivered to the use of Robert and Hannah Phillips. Grant by Thomas Phillips to Edward Phillips, Richard Phillips, John Jellicorse and Robert Devey and their heirs that he would warrant them the premises granted - The Isle Gate Farm : grant in this form:- That he Thomas Phillips at the time of sealing present grant is seised of and has full power to convey premises, premises acquitted from all jointures, charges etc. of Thomas Phillips. If any action at law makes necessary further assurance of premises Thomas Phillips must not be compelled to travel more than 7 miles from his place of abode. If Hannah should die without leaving issue, then within 12 months from her death these persons claiming her estates within 12 months from her death shall pay £100 to Robert Adams before the release is made. In the interim Robert Adams is to enjoy the premises.
Signed by Thomas Phillips, Dorothy Phillips Hannah Phillips
Sealed and delivered in the presence of :-
Daniell Hinks, John Grafton, Arthur Donne jun. David Vaughan.
Docketed: The title deeds of Humphrey Sandford esq. of a farm in the Isle of Up Rossall called The Gate Farm, purchased 1744 by Humphrey Sandford of Mr. John Adams.
Parchment 2 membranes.