Please can someone explain the difference between "A Memorial of an Indenture" and "a Memorial of Indentures of Lease and Release". I have the following documents: 14 May 1810  “A Memorial of an Indenture” of four parts- being my ancestor Robert and Wm Danby of Guisborough, Robert Walker of Liverton and John Wardell of Guisborough – this relates to the farm where they lived and is 50 acres or upwards. 11 & 12 November 1813 “A Memorial of Indentures of Lease and Release” between my ancestor Robert (one part) and  Richard Agar of Danby, Thomas Weatherill of Danby (the other part) and the release being of three parts and made between my ancestor and wife Sarah (1st part), John Wardell of Guisborough (2nd part) and Richard Agar and Thomas Wetherill.  This relates to about 55 acres at the same farm so is this likely to be the same land even though apart from John Wardell the other parties are different. The 55 acres would only form part of the farm as the whole of their holdings of this farm and the adjacent farm came to about 250 acres. >From the British Library Newspaper Archive On-Line I have found that both farms were up for sale late in 1815. I know that solicitors had a caretaker for the main farm in August 1813 and letters from the caretaker to the solicitors show that both the farm and the caretaker were having a very hard time. I am trying to work out what happened between the 1806 will of my ancestor Thomas and the point when the farms were sold in 1815. In May 1808, eight months after his death the friends that he had named as executors and trustees renounced their obligations under his will and his widow also renounced her rights. At the same time sons Robert and Thomas seem to have been given the power of administration relating to the will but a large bond of £600 was mentioned in the paperwork relating to this. Margaret (Oxford)

An Indenture is simply a deed. A memorial is brief abstract of that deed, for example in a Land Register. An Indenture of Lease and Release was an instrument whereby real property could be sold. They are usually recorded on two consecutive days, with the Lease being on the first day, then the Release the day after when title passed. In your example John Wardell also held an interest in the property (often people who loaned money against the security of the property would appear here, so he had to agree for the sale to proceed). Colin -----Original Message----- From: yorksgen-bounces@rootsweb.com [mailto:yorksgen-bounces@rootsweb.com] On Behalf Of Margaret O'Shea Sent: Thursday, August 23, 2012 11:17 AM To: YORKSGEN@rootsweb.com Subject: [YORKSGEN] Memorial of an Indenture Please can someone explain the difference between "A Memorial of an Indenture" and "a Memorial of Indentures of Lease and Release". I have the following documents: 14 May 1810  “A Memorial of an Indenture” of four parts- being my ancestor Robert and Wm Danby of Guisborough, Robert Walker of Liverton and John Wardell of Guisborough – this relates to the farm where they lived and is 50 acres or upwards. 11 & 12 November 1813 “A Memorial of Indentures of Lease and Release” between my ancestor Robert (one part) and  Richard Agar of Danby, Thomas Weatherill of Danby (the other part) and the release being of three parts and made between my ancestor and wife Sarah (1st part), John Wardell of Guisborough (2nd part) and Richard Agar and Thomas Wetherill.  This relates to about 55 acres at the same farm so is this likely to be the same land even though apart from John Wardell the other parties are different. The 55 acres would only form part of the farm as the whole of their holdings of this farm and the adjacent farm came to about 250 acres. >From the British Library Newspaper Archive On-Line I have found that both farms were up for sale late in 1815. I know that solicitors had a caretaker for the main farm in August 1813 and letters from the caretaker to the solicitors show that both the farm and the caretaker were having a very hard time. I am trying to work out what happened between the 1806 will of my ancestor Thomas and the point when the farms were sold in 1815. In May 1808, eight months after his death the friends that he had named as executors and trustees renounced their obligations under his will and his widow also renounced her rights. At the same time sons Robert and Thomas seem to have been given the power of administration relating to the will but a large bond of £600 was mentioned in the paperwork relating to this. Margaret (Oxford) ..... Ancestors in Yorkshire? http://www.genuki.org.uk/big/eng/YKS/index.html; www.ryedalefamilyhistory.org; www.wharfedalefhg.org.uk; www.yorkshireparishregisters.com; www.yorkshireroots.org.uk; ------------------------------- To unsubscribe from the list, please send an email to YORKSGEN-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

A good explanation of the Lease and Release process can be found on the University of Nottingham website: http://www.nottingham.ac.uk/manuscriptsandspecialcollections/researchguidance/deedsindepth/freehold/leaserelease.aspx They also provide an example of an Indenture, showing the wavy line (indented) that the original deed or contract was cut along for the two (or more) parties, so they could be fitted back together at any future date to demonstrate authenticity. http://www.nottingham.ac.uk/manuscriptsandspecialcollections/researchguidance/deedsindepth/copyhold/enfranchisement.aspx Colin -----Original Message----- From: yorksgen-bounces@rootsweb.com [mailto:yorksgen-bounces@rootsweb.com] On Behalf Of Margaret O'Shea Sent: Thursday, August 23, 2012 11:17 AM To: YORKSGEN@rootsweb.com Subject: [YORKSGEN] Memorial of an Indenture Please can someone explain the difference between "A Memorial of an Indenture" and "a Memorial of Indentures of Lease and Release". I have the following documents: 14 May 1810  “A Memorial of an Indenture” of four parts- being my ancestor Robert and Wm Danby of Guisborough, Robert Walker of Liverton and John Wardell of Guisborough – this relates to the farm where they lived and is 50 acres or upwards. 11 & 12 November 1813 “A Memorial of Indentures of Lease and Release” between my ancestor Robert (one part) and  Richard Agar of Danby, Thomas Weatherill of Danby (the other part) and the release being of three parts and made between my ancestor and wife Sarah (1st part), John Wardell of Guisborough (2nd part) and Richard Agar and Thomas Wetherill.  This relates to about 55 acres at the same farm so is this likely to be the same land even though apart from John Wardell the other parties are different. The 55 acres would only form part of the farm as the whole of their holdings of this farm and the adjacent farm came to about 250 acres. >From the British Library Newspaper Archive On-Line I have found that both farms were up for sale late in 1815. I know that solicitors had a caretaker for the main farm in August 1813 and letters from the caretaker to the solicitors show that both the farm and the caretaker were having a very hard time. I am trying to work out what happened between the 1806 will of my ancestor Thomas and the point when the farms were sold in 1815. In May 1808, eight months after his death the friends that he had named as executors and trustees renounced their obligations under his will and his widow also renounced her rights. At the same time sons Robert and Thomas seem to have been given the power of administration relating to the will but a large bond of £600 was mentioned in the paperwork relating to this. Margaret (Oxford) ..... Ancestors in Yorkshire? http://www.genuki.org.uk/big/eng/YKS/index.html; www.ryedalefamilyhistory.org; www.wharfedalefhg.org.uk; www.yorkshireparishregisters.com; www.yorkshireroots.org.uk; ------------------------------- To unsubscribe from the list, please send an email to YORKSGEN-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message