UNIVERSITY of GLASGOW

The Corresponence of James McNeil Whistler
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Documents associated with: White House, lease
Record 41 of 44

System Number: 11896
Date: 11 June 1878
Author: Percival John Lewin[1], Robert Francis Hollingberry Webb[2] and William Webb[3]
Place: Stoke Newington
Recipient: JW
Place: London
Repository: Library of Congress
Call Number: Manuscript Division, Pennell-Whistler Collection, PWC
Document Type: MsDcS[4]


(p. 1) This Indenture made the 11th day of June 1878 Between James Abbott McNeill Whistler of 96 Cheyne Walk in the county of Middlesex Esquire hereinafter referred to as "the Mortgagor" which term as hereinafter used is intended also to include his executors [admors?] and assigns (unless where such a construction would be repugnant to the sense or context) of the one part and Percival John Lewin[,] Robert Francis Hollingberry Webb and William Webb all of Stoke Newington in the county of Middlesex Esquires hereinafter referred to as "the Mortgagees" which term as hereinafter used is intended also to include their several and respective exors admors and assigns (except where such a construction is repugnant to the sense or content) of the other part[.] Whereas the Mortgagor is indebted to the Mortgagees in the sum of £408. 18. 8 which they the Mortgagees have agreed to forbear upon having the same sum and also such further sum or sums of money as may hereafter from time to time be advanced by the Mortgagees to the Mortgagor by virtue of their presents secured in manner and subject as hereinafter is Mentioned[.] Now this Ind[entu]re witnesseth that in cons[iderati]on of the premises and of the said sum of £408. 18. 8 sterling so owing by the Mortgagor to the Morgagees the receipt whereof the Mortgagor doth hereby acknowledge He (p. 2) the mtgor[5] doth hereby for himself & his heirs covenant with the mtgees that the mtgor will on the 11th day of Decr 1878 pay to the mtgees the sum of £408. 18. 8 stg with interest thereon at the rate of £5: per cent per ann. computed from the day of the date hereof and also will on demand pay to the mtgees all such further sum or sums of money as may at any time hereafter be advanced to the mtgor. by the mtgees by virtue of these presents Together with interest thereon at the rate of £5 per cent per ann computed from the date or resp[ect]ive dates of such further advance or advances[.] Provided nevertheless that the amount to be secured by these presents shall not in the whole exceed the sum of £100: - And this Indre further witnesseth that for the conson assd the mtger doth hereby demise unto the mtgees All that piece of ground in the parish of St. Luke Chelsea in the Co[unt]y of Middlesex situate in the North East side of Tite Street abutting the South west on Tite St 48 feet or thereabouts North East on the grounds of the (p. 3) Royal Chelsea Hospital 48 feet or thereabouts South East on other ground of the Metropolitan Board of Works 76 feet 3 inches or thereabouts & North West also on other ground of the Metropolitan Board of Works 76 feet 3 inches or thereabouts which said piece of ground with the dimensions & boundaries thereof is more particularly delineated & coloured pink in the plan drawn in the margin of a certain Indre of Lease hereinafter mentd Together with the [mesee?] or dwelling house[6] lately erected by the mtgor on the said piece of ground and Together with all casements and appurtenances to the same premises belonging To hold the same unto the Mtgees henceforth for all the residue now unexpired of the term of 80 years from the 29th day of September 1877 created therein by said Indre of Lease of the 7th day of June 1878 & made bet[wee]n The Metropolitan Board of Works on the one part and the mortgagor of the other part except the last day of the said term subject to redemption on payment by the mtgor to the mtgees on the said 11th day of December 1878 all & every sum & sums of money that may for the time being be due on the security of these presents & the interest (p. 4) thereon at the rate hereinbefore covenanted to be paid and subject also to a certain Indre of mtge[7] bearing date the 8th day of June 1878 & made betn the mtgor of the one part & The North Metropolitan Permanent Benefit Building Society of the other part[.] And the mtgor doth hereby for himself & his heirs covenant with the mtgees as follows:-

1. That the said Lease of the 7th day of June 1878 is now a good & valid Lease of the premises hereinbefore demised And that the covenants on the lessees part therein contained have been duly observed & performed up to the present time

2. That the mtgor now has good right & full power to demise the premes unto the mtgees in manner afsd & that the mtgees may peaceably hold & enjoy the same during the term for which the same are hereinbefore expressed to be demised free from all incumbrances except the said Indre of mtge

3. That the mtgor will at all times hereafter upon the request of the mtgees (but at the expense of the mtgor till a sale shall be made under the power of Sale hereinafter contained & afterwards at the expense of the (p. 5) purchaser his exors admons or assigns) do any further reasonable acts or things for further or better demising or assuring the premises unto the mtgees for the then residue of the term for which the same are hereinbefore expressed to be demised

4. That the mtgor will at all times during the subsistence of this security duly pay the rent reserved by the sd Lease of the 7th day of June 1878 And observe & perform all the covenants on the lessees part therein contained

5. The the [sic] mortgagor will insure the premises & at all times during the subsistence of this security & keep the same insured against fire to the full value thereof in some respectable Insurance Office in London and will whenever required produce to the mtgees the Insurce Policy & the receipt for the current year's premium And that on default by the mtgor it shall be lawful for the mtgees to effect renew or keep on foot such Insurance & that the mtgor will on demand repay to the mtgees all moneys which the mtgees shall expend for the above purpose with interest thereon at the rate of £5 per cent ann from the time of the same being expended and that until (p. 6) repayment such moneys & the interest for the same shall be a charge upon the premises hereinbefore demised

Provided always and it is hereby agreed that if all moneys intended to be secured by these presents then due & intd for the same shall not be paid on the sd 11th day of Decr 1878 according to the foregoing covt for payment thereof the mtgees may at any time afterwards without notice of any kind sell the demised premises by Public Auction or by Private Contract with all the powers of an absolute owner inrelation to the sale And the receipt of the Mtgees shall be an effectual discharge for the purchase money & the purchaser shall not be bound to enquire whether the Power of Sale is exercisable or be affected by any irregularity or impropriety in the exercise thereof And the mtgees may include in the sale the reversion left in the Mortgagor of the term created by the said Lease of the 7th day of June 1878 in which case the Mortgagor will stand possessed of such reversion as a trustee for the purchaser And it is hereby agreed that the mtgees shall apply the proceeds of any Sale under the foregoing (p. 7) power in the first place in payment of all expenses of or incidental to the sale & in the next place in or towards satisfaction of the moneys for the time being due for principal interest and costs on the foot of this security and shall pay any surplus to the mortgagor And it is agreed that all the foregoing powers may be exercised by any person for the time being entitled to give a discharge for the moneys due on this Security[.] Lastly it is agreed & declared that the moneys of the mtgees intended to be hereby secured belong to them on a joint account and may be received and released by the survivors or survivor of them In witness whereof the said parties to these presents have hereunto set their hands & seals the day & year first before written

Signed[8] sealed & delivered by the above named James Abbott McNeill Whistler in the presence of
[space left blank]

Received the day & year first above written of and from the above named mtgees the sum of £408. 18. 0 being the consideration money above expressed to be paid by them to me
£408. 18. 8

Witness

[p. 8][9] [illegible word] 11 [illegible word] 1878

J. A. McN. Whistler Esq
to
P. J. Lewin & others

Copy Mortgage of land situate in Tite St. Chelsea in the County of Middlesex

G. & W. Webb
11. Austin Friars.
E. C.


This document is protected by copyright.


Notes:

1.  Percival John Lewin
Percival John Lewin (ca 1841 - d.1887), mortgage holder on JW's house [more].

2.  Robert Francis Hollingberry Webb
Robert Francis Hollingberry Webb, of G. and W. Webb, solicitor .

3.  William Webb
William Webb (b. ca 1851), of G. and W. Webb, lawyer [more], who acted for JW occasionally from this time on.

4.  MsDcS
This unsigned document must be a draft or copy of the original, which has not been located. JW was declared bankrupt on 6 May 1879, and this document came with JW's bankruptcy papers to James Anderson Rose (1819-1890), solicitor [more].

5.  mtgor
Mortgagor: the various contractions used in this legal document have not generally been expanded.

6.  dwelling house
JW moved into the White House in June 1878, but outstanding accounts, including those of Edward William Godwin (1833-1886), architect and designer [more], contributed to his bankruptcy in May 1879.

7.  Indre of mtge
The mortgage documents dated 8 June 1878 between JW and the North Metropolitan Permanent Benefit Building Society (see #08882).

8.  Signed
The document is not signed or witnessed; blank spaces have been left.

9.  [p. 8]
Page eight acts as a cover sheet.