Release and assignment 20 November 1794 Parties: (1) Rev Henry Egerton MA, clerk, a prebendary of Durham cathedral; (2) Dame Frances Vane of Kelloe, widow of Sir Henry Vane, baronet and, before her marriage, Frances Tempest. Only sister and heir at law of John Tempest of Winyard and Brancepeth, esquire; (3) Rev James Britton of Durham, clerk Reciting: – D/X 21/5-6; – will of Robert Spearman of 19 November 1756 devising all real estate vested in him as mortgagee to John Eden of GainfordJosiah Colebrooke of Budge Row, London, apothecary and John Dixon of Aykley Heads, gentleman; – codicil to will of Robert Spearman of 18 July 1761 devising his real estate, except that vested in him as mortgagee, to John Tempest and Joseph Reay of Newcastle upon Tyne (Northumberland), esquire and Josiah Colebrooke and appointing John Tempest, Joseph Reay and Josiah Colebrooke executors; – death of Robert Spearman in 1761 and his will was proved by John Tempest alone; – Josiah Colebrooke survived John Eden and John Dixon thus the mortgaged estates became vested solely in him; – conveyance of 17 November 1767 from (I) Josiah Colebrooke to (II) John Tempest of all real estate of Robert Spearman vested in him as mortgagee; – death of John Tempest without issue leaving (2) as his heir at law without having made any disposition of the real estate vested in him as mortgagee; – on 8 May 1753 Joseph Forster paid £100 to Robert Spearman in part redemption of the mortgage and on 16 February 1761 paid the remaining principal and interest to Ralph Hutchinson (steward of Robert Spearman) to the use of Robert Spearman as indorsed on X21/7; – death intestate of Joseph Forster leaving his wife Elizabeth and daughter Ann Esther as his heirs at law; – D/X 21/11; – D/X 21/12 Operative Part – (1) released (a) to (3) for £325 Property: (a) garden in South Bailey, Durham formerly in occupation of Joseph Forster, late of Henry Egerton, now of William Eddis Habendum: – To (3), to the use of (3) for ever Operative Part – (1) assigned (b) to (3) Property: (b) burgage or tenement with two garths adjoining on the backside in South Bailey, Durham Habendum: – to (3) for residue of term of 40 years Covenant: – By (2) that she had not done anything to adversely affect the properties Witness: – Thomas Hopper – From:DURHAM CITY