THIS ASSIGNMENT is made the Twenty-Fourth day of December in the year of Our Lord One thousand nine hundred and fifty-one BETWEEN WILLIAM HUTCHINSON MARSAY of Fair Isle Cottage, Tin Ghaut, Grape Lane, Whitby in the County of York Retired Grocer and WILLIAM MARSAY WALKER of The Cottage, St. Hilda's Terrace, Whitby aforesaid Electrician (hereinafter called "the Vendors") of the one part and HARRIET MARSAY HARKER of 163 Church Street, Whitby in the County of York Widow (hereinafter called "the Purchaser") of the other part WHEREAS Emma Marsay (hereinafter called "the Testatrix") late of 162a Church Street, Whitby in the County of York, Spinster, died on the Twenty-second day of March One thousand nine hundred and fifty-one having by her Will dated the Tenth day of June One thousand nine hundred and fourteen appointed her Sister Hannah Elizabeth Marsay to be Sole Executrix thereof AND WHEREAS the said Hannah Elizabeth Marsay having died in the lifetime of the Testatrix, namely on the Eighth day of June One thousand nine hundred and thirty-six, Letters of Administration with the Will annexed to the Estate of the Testatrix were granted out of the York District Probate Registry to the Vendors on the Nineteenth day of July One thousand nine hundred and fifty-one AND WHEREAS the Testatrix was at the date of her death the estate owner of the property hereinafter described for the residue of a certain term of one thousand years originally granted by Sir Hugh Cholmley Knight by Indenture of Lease dated the Twenty-ninth day of October in the Fourteenth year of the Reign of his late Majesty King Charles I [1638] Subject Nevertheless to the rents covenants and conditions reserved by and contained in the same Indenture of Lease but otherwise free from incumbrances AND WHEREAS the Vendors have not given or made any assent conveyance or assignement in respect of a legal estate in or affecting the said property or any part thereof AND WHEREAS the Vendors have agreed with the Purchaser for the sale and transfer to her of the said property hereinafter described for such estate as aforesaid at the price of Three hundred pounds (£300) NOW THIS DEED WITNESSETH as follows: 1. In pursuance of the said agreement and in consideration of the sum of Three hundred pounds (£300) on or before the execution of these presents paid to the Vendor by the Purchaser (the receipt of which sum the Vendors hereby acknowledge) The Vendors AS PERSONAL REPRESENTATIVES of the Testatrix and in exercise of their statutory powers in that behalf and of all other powers them hereunto in anywise enabling hereby grant and assign unto the Purchaser ALL THAT messuage situate and being on the West side of Church Street in the township of Whitby in the County of York and Nod. 162 in the same street now divided into and used as a dwellinghouse formerly in the occupation of Mrs. Sumner and now of Miss Burke and shop formerly in the occupation of Mr. Cox and afterwards of Mrs. Marlow and now unoccupied with a tenement over the same known as No. 162a Church Street formerly in the occupation of the Testatrix and now unoccupied TOGETHER WITH the tenement also lately in the occupation of the Testatrix and the yard and outbuildings situate behind or on the Western-most side of the said messuage ALL WHICH said hereditaments are with the boundaries and abuttals thereof more particularly delineated and described on the Plan drawn on an Indenture of Assignment dated the Second day of September One thousand nine hundred and seven and made between the said William Hutchinson Marsay and David Braithwaite of the first part Mary Ann Gale, Harriet Potter Hubbard, Laura Walker, the said William Hutchinson Marsay, Benjamin Garminsway Marsay, Thomas Pearson Marsay, and the said Hannah Elizabeth Marsay and the Testatrix of the second part and the said Hannah Elizabeth Marsay of the third part and thereon distinguished by being coloured Red EXCEPT AND RESERVING out of these presents and the Assignment hereby made out the Vendors and their successors in title owners and occupiers for the time being of the adjoining leasehold messuage and shop on or towards the South known as No. 163 Church Street Whitby aforesaid their undertenants servants and visitors full and free right and liberty at all times hereafter but on foot only and for all puposes connected with the use and occupation of the said messuage or dwellinghouse and shop No. 163 Church Street to go and return along and over the covered passage way running under the Southernmost portion of the messuage hereby conveyed the expense of keeping the said covered way and the door at the end thereof nearest Church Street in good order and condition being borne in equal shares by the owners and occupiers for the time being of the said two properties TO HOLD all the hereditaments and premises hereby assigned unto the Purchaser and her successors in title for and during all the rest residue and remainder now to come and unexpired of and in the said term of One thousand years so thereof granted as aforesaid SUBJECT NEVERTHELESS to the payment of the rent reserved by and to the observance and performance so far as the same respectively relate to or affect the porperty hereby assigned 2. The Purchaser hereby covenants with the Vendor that she the Purchaser and her successors in title will henceforth pay the said rent reserved by the said Indenture of Lease and observe and perform the said covenants and conditions so far as the same ought to be paid observed and performed in respect of the property hereby assigned and will at all times keep the Vendors and their estates and effects and the estate and effects of the Testatrix effectually indemnified from and against all actions proceedings costs claims and demands whatsoever for or on account of the non-payment of the said rent or any future breach non-observance or non-performance of the said covenants and conditions or any of them 3. It is hereby agreed and declared that all walls, drains and spouts which are in the nature of easements affecting the property hereby assigned or which have hitherto been enjoyed by the occupiers thereof or of the adjoining property known as No. 163 Church Street aforesaid shall as between the property hereby assigned and the said adjoining property and the owners and occupiers thereof respectively be deemed to be ancient rights or easements and to have been indefeasibly acquired for and against the said properties which is are or may be affected 4. The Vendors hereby acknowledge the right of the Purchaser to production of the Documents mentioned in the Schedule hereto (the possession of which is retained by the Vendors) And to delivery of copies thereof 5. It is hereby certified that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds Five hundred pounds (£500) IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written THE SCHEDULE before referred to 3 September 1937 Assignment made between the above named Testatrix of the first part the above named Harriet Potter Hubbard, Laura Walker, William Hutchinson Marsay, Benjamin Garminsway Marsay and the Testatrix of the second part Harriet Lilian Scott, William Marsay Gale, Laura Marsay Raspisin, Gwendolen Wilson Gale, Beatrice Marie Gale, Mildred Marsay Mead, Marsay Cecil Gale, Benjamin Garminsway Marsay Gale, Florence Emma Gale and Everhilda Gale of the third part, Eva Annie Marsay, Marion Hutchinson Marsay and William Marsay of the fourth part and the Testatrix of the fifth part 19 July 1951 The hereinbefore recited Grant of Letters of Administration with the Will annexed to the Estate of the Testatrix SIGNED SEALED and DELIVERED by The before named WILLIAM (signed William H Marsay) HUTCHINSON MARSAY in the Presence of: (signed ??? White, solicitor Whitby) NOTES The Cottage, St. Hilda's Terrace is now known as The Cottage, St. Hilda's Gardens. Fair Isle Cottage, Tin Ghaut is the property also known as 6 Tin Ghaut and 6 Cockpit Yard.