UNIVERSITY of GLASGOW

The Corresponence of James McNeil Whistler
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System Number: 08882
Date: 8 June 1878
Author: George and William Webb[1]
Place: London
Recipient: JW
Place: London
Repository: Library of Congress
Call Number: Manuscript Division, Pennell-Whistler Collection, PWC
Document Type: Ms/PDd[2]


DATED 8th June 1878

M J. A. McN. Whistler Esq
TO
THE North Metropolitan
Permanent
BENEFIT BUILDING SOCIETY

'210[3]'

MORTGAGE
OF
LEASEHOLD PREMISES
KNOWN AS in Tite Street, Chelsea[4]
IN THE COUNTY OF Middlesex

G. & W. WEBB,
11, AUSTIN FRIARS, E. C.

[p. 2] THIS INDENTURE MADE THE 8th DAY OF June ONE THOUSAND EIGHT HUNDRED AND seventy eight BETWEEN James Abbott McNeil [sic] Whistler of No. 96 Cheyne Walk. Chelsea in the County of Middlesex Esquire - (HEREINAFTER REFERRED TO AS "THE MORTGAGOR") OF THE ONE PART AND The North Metropolitan Permanent Benefit Building Society of 4 Kingsland Road in the said County A BUILDING SOCIETY INCORPORATED UNDER THE PROVISIONS OF THE BUILDING SOCIETY'S ACT 1874 (HEREINAFTER REFERRED TO AS "THE SOCIETY") OF THE OTHER PART WHEREAS THE MORTGAGOR IS A MEMBER OF THE SOCIETY AND IS THE PROPRIETOR OF Sixty SHARES THEREIN AND BY THE RULES OF THE SAID SOCIETY HE IS ENTITLED TO RECEIVE OUT OF THE FUNDS THEREOF AN ADVANCE OF One thousand five hundred pounds (BEING THE VALUE OF THE SAID SHARES) FOR THE TERM OF twelve YEARS REPAYABLE WITH INTEREST AS PROVIDED BY THE RULES OF THE SAID SOCIETY BY forty eight quarterly CONTRIBUTIONS OF forty two POUNDS seven SHILLINGS AND six PENCE EACH TO BE SECURED IN MANNER HEREINAFTER APPEARING     NOW THIS INDENTURE WITNESSETH THAT IN CONSIDERATION OF THE SUM OF One thousand five hundred POUNDS TO THE MORTGAGOR IN HAND PAID BY THE SOCIETY OUT OF THE FUNDS OF THE SAID SOCIETY THE RECEIPT WHEREOF THE MORTGAGOR DOTH HEREBY ACKNOWLEDGE HE THE MORTGAGOR DOTH HEREBY COVENANT WITH THE SOCIETY THAT HE THE MORTGAGOR WILL AT ALL TIMES HEREAFTER DURING THE SAID TERM OF twelve YEARS PAY TO THE SOCIETY THE SAID SEVERAL quarterly CONTRIBUTIONS OR SUMS OF MONEY AND ALSO ALL OTHER CONTRIBUTIONS OR SUMS OF MONEY WHICH UNDER OR BY VIRTUE OF THE RULES FOR THE TIME BEING OF THE SOCIETY SHALL BECOME DUE AND PAYABLE BY THE MORTGAGOR IN RESPECT OF THE SAID ADVANCE OF one thousand five hundred Pounds AND INTEREST AND OF HIS SAID SHARES IN THE SOCIETY AND WILL MAKE ALL SUCH PAYMENTS WITHOUT ANY DEDUCTION AND IN THE MANNER AND AT THE PLACE PRESCRIBED BY THE RULES FOR THE TIME BEING OF THE SAID SOCIETY THE FIRST OF SUCH quarterly PAYMENTS TO BE MADE ON THE first Thursday in the Month of September now next - AND WILL AT ALL TIMES OBSERVE AND PERFORM ALL AND EVERY THE SAME RULES IN RELATION TO THE SAID SHARES AND ADVANCE AND TO THE PREMISES HEREINAFTER EXPRESSED TO BE HEREBY DEMISED    AND THIS INDENTURE ALSO WITNESSETH THAT FOR THE CONSIDERATION AFORESAID THE MORTGAGOR HEREBY DEMISES TO THE SOCIETY ALL THE TENEMENTS HEREDITAMENTS AND PREMISES DESCRIBED OR REFERRED TO IN THE SCHEDULE HERETO WITH THEIR ACTUAL AND REPUTED EASEMENTS AND APPURTENANCES TO HOLD THE SAME UNTO THE MORTGAGEES FROM THE Twenty ninth DAY OF September One thousand eight hundred and seventyseven FOR THE TERM OF eighty YEARS less the last day thereof FULLY TO BE COMPLETE AND ENDED BUT SUBJECT TO THE PROVISO FOR REDEMPTION HEREINAFTER CONTAINED PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED THAT IF THE MORTGAGOR SHALL AT ALL TIMES HEREAFTER DURING THE SAID TERM OF twelve YEARS PAY TO THE SOCIETY THE SAID SEVERAL quarterly CONTRIBUTIONS OR SUMS OF MONEY AND ALSO ALL OTHER CONTRIBUTIONS OR SUMS OF MONEY WHICH UNDER OR BY VIRTUE OF THE RULES FOR THE TIME BEING OF THE SOCIETY SHALL BECOME DUE AND PAYABLE IN RESPECT OF THE SAID ADVANCE OF One thousand and five hundred pounds AND OF HIS SAID SHARES IN THE SOCIETY AND SHALL MAKE ALL SUCH PAYMENTS WITHOUT ANY DEDUCTION AND IN THE MANNER AND AT THE PLACE PRESCRIBED BY THE RULES FOR THE TIME BEING OF THE SOCIETY AND OBSERVE AND PERFORM ALL THE SAME RULES THEN THE SOCIETY SHALL ENDORSE UPON THESE PRESENTS A PROPER RECEIPT IN THE FORM PRESCRIBED BY THE RULES OF THE SOCIETY FOR ALL MONIES INTENDED TO BE HEREBY SECURED AND THEREUPON THESE PRESENTS SHALL BE VACATED   AND IT IS HEREBY AGREED THAT AT ANY TIME DURING THE CONTINUANCE OF THIS SECURITY THE SOCIETY MAY WITHOUT ANY FURTHER CONSENT ON THE PART OF THE MORTGAGOR ENTER INTO THE POSSESSION OR RECEIPTS OF THE RENTS OF THE PREMISES AND MAY APPOINT A RECEIVER OF THE SAID RENTS WHO SHALL BE DEEMED THE AGENT OF THE MORTGAGOR BUT SHALL PAY THE RENTS RECEIVED TO THE SOCIETY AND MAY LEASE THE SAID PREMISES FOR THE PURPOSE OF OCCUPATION FOR ANY TERM NOT EXCEEDING THE TERM HEREBY GRANTED AT RACK RENT OR FOR BUILDING OR REPAIRING PURPOSES AT THE BEST RENT WHICH UNDER THE CIRCUMSTANCES CAN REASONABLY BE OBTAINED WITH OR WITHOUT TAKING A PREMIUM AND MAY IN CASE THEY SHALL IN THEIR DISCRETION THINK FIT SELL THE PREMISES OR ANY PART THEREOF EITHER BY PUBLIC AUCTION OR PRIVATE CONTRACT AND EITHER TOGETHER OR IN LOTS WITH FULL POWER TO BUY IN OR RESCIND ANY CONTRACT FOR SALE AND [p. 3] TO RESELL WITHOUT BEING RESPONSIBLE FOR ANY LOSS WHICH MAY BE OCCASIONED THEREBY PROVIDED NEVERTHELESS THAT NONE OF THE SAID POWERS SHALL BE EXECUTED UNTIL DEFAULT SHALL HAVE BEEN MADE FOR THREE CALENDAR MONTHS IN PAYMENT OF SOME quarterly CONTRIBUTION OR SUM OF MONEY HEREINBEFORE COVENANTED TO BE PAID OR IN PAYMENT OF ANY CONTRIBUTION BONUS FINE OR FORFEIT IN RESPECT OF HIS SAID SHARES PAYABLE OR INCURRED UNDER THE RULE FOR THE TIME BEING OF THE SOCIETY OR OF THE COVENANTS HEREIN CONTAINED PROVIDED ALSO THAT UPON ANY SALE OR LEASE PURPORTING TO BE MADE IN PURSUANCE OF THE AFORESAID POWER NO PURCHASER OR LESSEE SHALL BE BOUND TO ENQUIRE WHETHER THE CASES OR ANY ONE OR MORE OF THEM MENTIONED IN THE CLAUSE LASTLY HEREINBEFORE CONTAINED HAVE OR HAS HAPPENED NOR WHETHER ANY MONEY REMAINS OWING UPON THE SECURITY OF THESE PRESENTS NO AS TO THE PROPRIETY OR REGULARITY OF SUCH SALE OR LEASE AND NOTWITHSTANDING ANY IMPROPRIETY OR IRREGULARITY WHATSOEVER IN SUCH SALE OR LEASE THE SAME SHALL AS REGARDS THE PURCHASER OR PURCHASERS LESSEE OR LESSEES BE DEEMED TO BE WITHIN THE AFORESAID POWER AND BE VALID ACCORDINGLY AND THAT NOTWITHSTANDING SUCH PURCHASER OR PURCHASERS LESSEE OR LESSEES SHALL HAVE HAD EXPRESS NOTICE OR OTHERWISE OF ANY SUCH IRREGULARITY OR IMPROPRIETY AS AFORESAID AND THE MORTGAGOR COVENANTS WITH THE SOCIETY THAT IF AT ANY TIME DURING THE CONTINUANCE OF THIS SECURITY HE BEING IN THE OCCUPATION OF THE SAID PREMISES OF PART THEREOF SHALL MAKE DEFAULT IN PAYMENT OF ANY OF HIS SUBSCRIPTIONS FINES OR OTHER PAYMENTS HE SHALL THEREUPON ATTORN AND BECOME LIABLE TO BE TREATED BY THE SOCIETY AS TENANT TO THEM FROM quarter TO quarter OF SUCH PREMISES AT A quarterly RENT EQUAL TO ONE OF HIS SAID quarterly PAYMENTS AND THE SOCIETY SHALL HAVE POWER LEAVE AND LICENSE FROM TIME TO TIME TO DISTRAIN FOR THE SAME AS BETWEEN LANDLORD AND TENANT BUT ALL MONIES RECEIVED BY THE SOCIETY FOR RENT AS AFORESAID SHALL BE ACCEPTED IN OR TOWARDS SATISFACTION OF THE SUBSCRIPTION REPAYMENTS FINES AND MONIES THEN IN ARREAR AND PAYABLE UNDER THE RULES OF THE SOCIETY AND THESE PRESENTS AND IT IS HEREBY DECLARED THAT THE SOCIETY SHALL HOLD THE MONIES TO ARISE FROM THE EXERCISE OF ANY OF THE AFORESAID POWERS UPON TRUST IN THE FIRST PLACE THEREOUT TO PAY ALL THE EXPENSES INCURRED IN OR ABOUT THE EXECUTION OF ANY OF THE POWERS OR TRUSTS HEREIN CONTAINED AND IN THE NEXT PLACE TO APPLY SUCH MONIES IN THE EXECUTION OR TOWARDS PAYMENT OF ALL SUMS OF MONEY INTENDED TO BE SECURED BY THESE PRESENTS THEN UNPAID TO THE SOCIETY WHETHER FOR CONTRIBUTIONS FINES OR OTHERWISE AND THEN TO PAY THE SURPLUS (IF ANY) OF THE MONIES TO ARISE FROM SUCH SALE AND THE RENTS AND PROFITS UNTIL SALE TO THE MORTGAGOR    AND THE MORTGAGOR HEREBY AGREES THAT AFTER ANY SALE UNDER THE SAID POWER OF SALE HE WILL HOLD HIS REVERSION (UNLESS AND UNTIL THE SAME SHALL IN ANY MANNER THEREAFTER BECOME VESTED IN THE PURCHASER OR PURCHASERS ON ANY SUCH SALE) IN THE PREMISES SOLD UPON TRUST FOR ANY SUCH PURCHASER OR PURCHASERS[.] AND TO THE INTENT THAT THE SAID REVERSION MAY BE VESTED IN THE PURCHASER OR PURCHASERS ON ANY SUCH SALE AS AFORESAID THE MORTGAGOR DOTH HEREBY IRREVOCABLY NOMINATE CONSTITUTE AND APPOINT THE SOCIETY THE ATTORNEY OF HIM THE MORTGAGOR FOR AND IN HIS NAME UPON ANY SUCH SALE AS AFORESAID TO EXECUTE ANY DEED INSTRUMENT OR WRITING THAT MAY BE OR BE DEEMED TO BE NECESSARY FOR THE PURPOSE OF VESTING THE SAID REVERSION IN THE SAID PURCHASER OR PURCHASERS UPON ANY SUCH SALE AS AFORESAID   AND THE MORTGAGOR COVENANTS WITH THE SOCIETY THAT THE INDENTURE OF LEASE REFERRED TO IN THE SAID SCHEDULE HERETO IS SUBSISTING AND VALID AND THAT THE RENT THEREBY RESERVED AND THE LESSEES COVENANTS THEREIN CONTAINED HAVE BEEN PAID AND PERFORMED UP TO THE PRESENT DATE AND THAT HE NOW HAS THE POWER TO DEMISE THE SAID PREMISES TO THE SOCIETY FOR THE TERM AND IN THE MANNER HEREINBEFORE EXPRESSED FREE FROM ALL ENCUMBRANCE AND FURTHER THAT IF THE SOCIETY SHALL BECOME ENTITLED UNDER THESE PRESENTS TO ENTER INTO POSSESSION OR RECEIPT OF THE RENTS OF OR TO LEASE OR SELL THE SAID PREMISES UNDER THE POWERS HEREINBEFORE CONTAINED IT SHALL BE LAWFUL FOR THE SOCIETY TO ENTER INTO AND THENCEFORTH TO CONTINUE IN POSSESSION OR RECEIPT OF THE RENTS OF THE SAID PREMISES WITHOUT ANY INTERRUPTION CLAIM OR DEMAND AND FURTHER THAT THE MORTGAGOR AND EVERY PERSON HAVING OR CLAIMING ANY ESTATE OR INTEREST IN THE SAID PREMISES WILL AT ALL TIMES (AT THE COST OF THE MORTGAGOR UNTIL AND UPON A SALE UNDER THE POWER OF THE SALE HEREINBEFORE CONTAINED AND AFTERWARDS OF THE PERSON OR PERSONS REQUIRING THE SAME) EXECUTE AND DO EVERY SUCH ASSURANCE AND THING FOR THE MORE EFFECTUALLY ASSURING THE SAID PREMISES TO THE SOCIETY (AND FOR ASSIGNING IF WHEN AND AS REQUIRED THE SAID REVERSION UNTO THE SOCIETY OR AS THEY SHALL DIRECT) AS BY THEM SHALL REASONABLY BE REQUIRED AND FURTHER THAT THE MORTGAGE WILL DURING THE CONTINUANCE OF THIS SECURITY AND WHETHER THE SOCIETY SHALL OR SHALL NOT BE IN POSSESSION OR RECEIPT OF THE RENTS OF THE PREMISES PAY THE RENT RESERVED BY AND PERFORM ALL THE LESSEES COVENANTS CONTAINED IN THE SAID INDENTURE OF LEASE AND INDEMNIFY THE SOCIETY AGAINST THE NON PAYMENT OR NON-PERFORMANCE THEREOF    AND LASTLY IT IS HEREBY DECLARED THAT THE EXPRESSION "THE MORTGAGOR" HEREINBEFORE USED SHALL BE CONSTRUED TO INCLUDE AND SHALL SIGNIFY HIS HEIRS EXECUTORS ADMINISTRATORS AND ASSIGNS AND THAT THE EXPRESSION "THE SOCIETY" SHALL BE [p. 4] CONSTRUED TO INCLUDE AND SHALL SIGNIFY THEIR SUCCESSORS AND ASSIGNS AND THAT ALL POWERS HEREINBEFORE GIVEN TO THE SOCIETY SHALL BE EXERCISEABLE BY THE SAID SUCCESSORS AND ASSIGNS   IN WITNESS WHEREOF THE SAID PARTIES TO THESE PRESENTS HAVE HEREUNTO SET THEIR HANDS AND SEALS RESPECTIVELY THE DAY AND YEAR FIRST ABOVE WRITTEN.

THE SCHEDULE ABOVE REFERRED TO.

All that piece of ground in the parish of St. Luke, Chelsea in the County of Middlesex situate on the North East side of Tite Street abutting towards the South West on Tite Street 48 feet or thereabouts North East on the Grounds of the Royal Chelsea Hospital 48 feet or thereabouts South East on other Ground of the Lessors, 76 feet 3 inches or thereabouts and North West also on other ground of the Lessors, 76 feet 3 inches or thereabouts    Together with the messuage or dwelling house lately erected by the Lessee on the said piece of ground

ALL WHICH SAID PREMISES WERE COMPRISED IN AND DEMISED BY AN INDENTURE OF LEASE DATED THE 7th DAY OF June one thousand eight hundred and seventy eight AND MADE BETWEEN The Metropolitan Board of Works of the one part and the Mortgagor of the other part and with the dimensions and boundaries thereof are more particularly delineated and colored pink in the plan drawn in the margin of the said Indenture of Lease

[circular stamp on right:] SEAL

SIGNED SEALED AND DELIVERED BY THE WITHIN NAMED James Abbott McNeill Whistler in the presence of [blank space]

RECEIVED THE DAY AND YEAR ABOVE WRITTEN OF AND FROM THE WITHIN NAMED North Metropolitan Permanent BENEFIT BUILDING SOCIETY AFORESAID THE SUM OF One thousand five hundred Pounds BEING THE CONSIDERATION MONEY HEREIN EXPRESSED TO BE PAID BY THEM TO ME . . . } £1500: 0: 0

WITNESS


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Notes:

1.  George and William Webb
George Webb (b. ca 1835), of G. and W. Webb. lawyer [more], and William Webb (b. ca 1851), of G. and W. Webb, lawyer [more], JW's lawyers.

2.  MsDd
This was a draft or copy of the mortgage agreement, not signed or witnessed.

3.  210
Legal documents relating to JW's affairs were numbered, possibly by James Anderson Rose (1819-1890), solicitor [more], or his clerk.

4.  Tite Street, Chelsea
This was to the site of JW's new house and studio, the White House, designed by Edward William Godwin (1833-1886), architect and designer [more].