Front of Indenture G1

The Following is a Conveyance of Hereditaments at Hackenthorpe dated October 7th, 1856

Mr Samuel Heaton to Mr Henry Parkin Badger.

An Indenture made the Seventh day of October One Thousand Eight Hundred and Fifty Six BETWEEN SAMUEL HEATON of Chapel Street Bridgehouses in Sheffield in the County of York Joiner of the First Part, STEPHEN STANIFORTH of Hackenthorpe in the Parish of Beighton in the County of Derby Sickle Cutter and ANN his wife (who before her marriage with him was ANN HEATON the widow of Charles Heaton of Hackenthorpe aforesaid Mason deceased) of the second part and HENRY PARKIN BADGER of Rotherham in the said County of York, Gentleman of the third part, WHEREAS and Indenture dated the Fifteenth day of February One Thousand Eight Hundred and Forty Eight and made between THOMAS SMITH BADGER of the first part the said CHARLES HEATON of the second part and THOMAS LAW for the third part for the considerations therein mentioned ALL that cottage or tenement (Formerly in two tenements) and garden with the appurtenances situate and being in Hackenthorpe aforesaid formerly in the possession of THOMAS CROWTHER afterwards of WILLIAM CARTLEDGE and then of MARK RICHARDSON AND ALSO ALL that other cottage or tenement erected then upwards of thirty years ago adjoining the last described tenement formerly in the possession of JAMES WOODHEAD the elder and then of JAMES WOODHEAD AND a pew or seat in Beighton Church with their appurtenances were assured and limited to the said CHARLES HEATON his heirs and assigns to dower uses in the favour of CHARLES HEATON commensurate with the fee AND WHEREAS the said CHARLES HEATON died intestate on the NINETEENTH DAY OF APRIL ONE THOUSAND EIGHT HUNDRED AND FORTY EIGHT leaving his said widow ANN HEATON and the said SAMUEL HEATON his eldest and only son and heir at law him surviving AND WHEREAS the said ANN HEATON the widow of the said CHARLES HEATON intermarried with the said STEPEHEN STANIFORTH on the DAY OF JUNE ONE THOUSAND EIGHT HUNDRED AND FORTY NINE AND WHEREAS the said SAMUEL HEATON and STEPHEN STANIFORTH have agreed as follows, namely, that the said SEPHEN STANIFORTH shall erect and build three messuages or dwelling houses upon part of the garden ground lately occupied by JAMES WOODHEAD comprised in the said hereinbefore recited indenture and that in consideration of the improvement so to be made and in consideration of the natural love and affection of the said SAMEUL HEATON for his said mother ANN STANIFORTH the said SAMUEL HEATON should convey the said hereditaments described in and conveyed by the said hereinbefore recited indenture with the improvements and additions so agreed to be made as aforesaid to the uses and for the purposes and in the manner hereinafter contained NOW THIS INDENTURE WITTNESSETH that for the considerations foresaid the said SAMUEL HEATON DOTH by these presents grant and convey unto the said HENRY PARKIN BADGER his heirs and assigns ALL the hereditaments and premises comprised in or assured by the said hereinbefore recited indenture AND ALSO the three messuages or dwellinghouses so agreed to be built as aforesaid , AND ALL other improvements now made or hereafter to be made on the said hereditaments and premises AND the said pew or seat in Beighton Church TOGETHER with all and singular the rights easements and appurtenances corporeal or incorporeal to the said hereditaments and premises or any of them belonging or appertaining AND ALL the Estate Right Tithe Interest Claim and Demand whatsoever of him the said SAMUEL HEATON into out of or upon the said hereditaments and premises TO HAVE AND TO HOLD the said hereditaments and premises hereby granted and assured or intended so to be unto the said HENRY PARKIN BADGER his heirs and assigns TO THE USE of the said HENRY PARKIN BADGER his executors and administrators during the life of the said ANN the wife of the said STEPHEN STANIFORTH UPON TRUST for the said ANN STANIFORTH for her life for her separate use free from the debts and control of her present or any future husband, AND from and after her decease AS TO ALL the said hereditaments and premises including the said three new messuages or dwelling houses so as aforesaid agreed to be built by the said STEPHEN STANIFORTH and all other improvements upon the premises (except the hereditaments next hereinafter described) TO THE USE of the said SAMUEL HEATON his heirs and assigns AND to the said cottage or tenement hereinbefore described to be in the occupation of the said MARK RICHARDSON and now occupied by ROBEERT WOODHEAD with the appurtenances thereto belonging TO THE USE of CHARLES HEATON STANIFORTH (the infant son of the said ANN STANIFORTH) his heirs and assigns for ever BUT in case the said CHARLES HEATON STANIFORTH shall die under the age of twenty one years without leaving issue living at his death TO THE USE of the said SAMUEL HEATON his heirs and assigns forever AND the said SAMUEL HEATON for himself his heirs executors and administration doth hereby covenant with the said HENRY PARKIN BADGER his heirs and assigns THAT he the said SAMUEL HEATON and all persons claiming or to claim any estate or interest in the said hereditaments and premises or any part thereof through under or in trust for the said SAMUEL HEATON will at the costs of the person or persons requiring and having a right to require the same make do and execute every such act Deed or Assurance for more effectually assuring the said hereditaments and premises or any part thereof respectively To the respective uses aforesaid according to the true intent of these presents as by the said person or persons making such request or his or their counsel in the law shall be reasonably required AND the said STEPHEN STANIFORTH for himself his heirs executors and administrators doth hereby covenant with the said SAMUEL HEATON his heirs executors administrators and assigns THAT he the said STEPHEN STANIFORTH his heirs executors or administrators shall and will forthwith at his or their own expense erect and build on part of the garden hereinbefore mentioned or referred to three good and substantial messuages or dwellinghouses and expend thereon at the least the sum of TWO HUNDRED AND FIFTY POUNDS and shall on demand produce to the said SAMUEL HEATON his executors administrators or assigns all receipts and vouchers that shall be requisite to prove such expenditure AND IT IS HEREBY DECLARED that after the death of the said ANN STANIFORTH in case the said CHARLES HEATON STANIFORTH shall be living and under the age of twenty one years the said HENRY PARKIN BADGER his executors or administrators shall receive the rents and profits of and manage the said cottage and hereditaments the use whereof is hereinbefore declared in favour of the said CHARLES HEATON STANIFORTH his heirs and assigns and make allowances to an arrangements with tenants and others and do all such other things as to the said HENRY PARKIN BADGER his executors or administrators may seem expedient for the management thereof AND SHALL after deducting the expenses of management repairs and other outgoings out of the rent and profits of the same premises pay the whole or such sum or sums as the said HENRY PARKIN BADGER shall think proper for or towards the maintenance and education of the said CHARLES HEATON STANIFORTH and shall accumulate (if any) of the said rents and profits by investing the same in his or their names in or upon any of the public stocks or funds of Great Britain or upon Government or Real Securities in England with power to resort to such accumulations respectively at any time or times during the minority of the said CHARLES HEATON STANIFORTH for the maintenance and education AND IT IS HEREBY DECLARED that the receipt in writing of the said HENRY PARKIN BADGER his executors or administrators for any monies paid to him or them in pursuance of these presents or of the trusts thereof shall effectually discharge the person or persons paying the same therefrom and from being concerned to see to the application or being accountable for the nonapplication of misapplication thereof AND IT IS HEREBY DECLARED that the said HENRY PARKIN BADGER or any trustee to be appointed as hereinafter is mentioned shall die or to desire to be discharged or refuse or become incapable or unfit to act then and so often the said SAMUEL HEATON and after his death the said ANN STANIFORTH and after her death the acting executors or administrators of the said SAMUEL HEATON may appoint any other person to be a trustee in the stead of the trustee dying or desiring to be discharged or refusing or becoming incapable or unfit to act and upon every such appointment every such new trustee shall (either before or after the said trust premises shall become vested in him ) have the same powers Authorities and disgression as if he had been originally appointed a trustee AND IT IS HEREBY DECLARED that the trustee for the time being of these presents shall not be answerable for involuntary losses and may reimburse himself out of the monies which shall come to his hands under the trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid trusts IN WITNESS whereof the said parties to these Presents have hereunto set their hands and seals the day and year first above written.

Signed SAMUEL HEATON STEPHEN STANIFORTH HENRY PARKIN BADGER ANN STANIFORTH

Signed sealed and delivered by the within named Samuel Heaton, Stephen Staniforth, Ann Staniforth and Henry Parkin Badger in the presence of ; R M Thompson Clerk to Messrs Badger & Son Solcs Rotherham

Back of Indenture G1

Maria Ainley of 12 Bank Street Sheffield

Notes

Between the Lease & Release F dated 15th February 1848 Charles Heaton dies (19th Apr 1848) Intestate but the Indenture F states (his heirs and assigns to dower uses) meaning the property was left to his heir and only son Samuel Heaton who was Age 17 and his wife Ann.

Ann Heaton married Stephen Staniforth 1st July 1850 and their only surviving son Charles Heaton Staniforth was born 11th April 1852.

Charles Heaton Staniforth married Ann Miller in 1871 and died 11th April 1917 (his birthday)

Samuel Heaton was married 11th June 1854 to Mary Hallatt and their only surviving daughter Sarah Ann Heaton (Born 1856) married William Liddelow on 2nd Feb 1876.

This indenture G1 states Ann married Stephen Staniforth in June 1849 and not 1st July 1850?

In 3 Parts

People named……

1st Part

Samuel Heaton of Chapel Street, Bridgehouses, Sheffield – Joiner

2nd Part

Stephen Staniforth of Hackenthorpe – Sickle Cutter

Ann Staniforth his wife

3rd Part

Henry Parkin Badger of Rotherham – Gentleman

Mentions previous indenture F 15th Feb 1848

SO – Samuel Heaton who owns outright as an inherited hereditament agrees to let his step father Stephen Staniforth build 3 cottages on part of the garden/land which is currently occupied by James Woodhead in consideration of the improvements that shall be made and also for the natural love and affection for his mother Ann.

Ann & Stephen are living on Brook Lane whilst Samuel is living in Sheffield being married 2years.

Samuel has granted that his mother Ann the wife of Stephen Staniforth has been left upon trust for her life free from debts and control of her present or future husband. (Ann can live in the property although Samuel still owns it).

After her death the properties and their improvements including the 3 new premises that has been agreed to be built by Stephen will remain as the property of Stephen Heaton and his Heirs.

Other than the cottage being in the occupation previously of Mark Richardson and now Robert Woodhead (don’t know why this one and not any other) and the one belonging to and the use of Charles Heaton Staniforth (who is age 6 at this time) and his heirs forever unless Charles Heaton Staniforth dies before the age of 21 and he has children/heirs. Samuel Heaton shall covenant that all persons claiming or make a claim to the estate or take any interest in the cottages shall do so at their own expense.

Stephen Staniforth makes a covenant with Samuel Heaton that he shall erect 3 good and substantial cottages at a sum of £250 and shall on demand produce to Samuel Heaton all receipts and vouchers to prove such expenditure.

After the death of Ann Staniforth Henry Parkin Badger shall receive all rents and profits and manage the cottages and make allowances and arrangements with tenants as management until Charles Heaton Staniforth is over the age of 21 and can inherit/take over. He shall deduct all expenses of management/repairs/outgoings of the cottages and out of the profit he shall pay fittingly towards the maintenance and education of Charles Heaton Staniforth. He shall accumulate the profits and invest into public stocks or funds.

After the death of Ann Staniforth and Samuel Heaton the acting executors and administrators may appoint any other person to be a trustee. The trustee shall not be answerable for any involuntary losses and may reimburse himself out of the monies under trust.