The Document Chest
1839 Deed of Covenant
George Harris to Elias Whitby the younger for Ashgrove
This indenture
made the tenth
day of August
One thousand
eight hundred
and thirty nine
Between
George Harris
of Yeovil in the
County of
Somerset Builder
of the one part
and
Elias Whitby
the younger
of the same
place Glove
Manufacturer of
the other part
Whereas
by an Indenture
bearing date the
thirty first day
of December One
thousand eight
hundred and
eighteen and
made between
George Daniell
of Lincolns Inn
fields in the
County of
Middlesex
Esquire (therein
described as the
eldest Brother
and Heir
Apparent of
A’Court Daniell
of Lincolns Inn
fields
aforesaid) of
the one part and
Henry Penny
of Yeovil
aforesaid Glover
of the other
part After
reciting
that the said
A’Court Daniell
was seized in
fee simple and
possession of
All that
piece or parcel
of Arable Land
situate in the
parish of Yeovil
aforesaid
therein and
thereafter
particularly
described And
also
reciting that
the said A’Court
Daniell then was
and for many
years past had
been of unsound
mind and
consequently
incapable of
doing any legal
acts or of
managing his
affairs And that
the said George
Daniell his
Brother had
therefore taken
upon himself the
management of
his Estate and
Effects for the
benefit of the
said A’Court
Daniell And
further reciting
that the said
George Daniell
on behalf of his
said Brother
A’Court Daniell
had at the
request of the
said Henry Penny
agreed and did
thereby agree to
sell to the said
Henry Penny the
fee simple and
inheritance of
the said piece
or parcel of
land
thereinbefore
particularly
mentioned and
described with
the
appurtenances
free from
incumbrances at
or for the price
or sum of
Seventy five
pounds and that
the said George
Daniell had let
the said Henry
Penny into the
actual
possession of
the said
premises and had
further agreed
to enter into
the covenants in
that behalf
thereinafter
expressed and
contained It
is witnessed
that in
pursuance of the
said Agreement
and for the
consideration
therein
mentioned he the
said George
Daniell for
himself his
heirs executors
and
administrators
did thereby
covenant promise
and agree to and
with the said
Henry Penny his
heirs executors
administrators
and assigns that
he the said
George Daniell
his heirs
executors or
administrators
some or one of
them should and
would well and
truly pay or
cause to be paid
or accounted for
unto the said
A’Court Daniell
upon his
becoming of
sound mind (or
to his heirs or
heir immediately
upon his death)
in case he
should continue
during his life
under his then
present
incapacity) the
said purchase
money or sum of
Seventy five
pounds so
received by him
the said George
Daniell of the
said Henry Penny
as thereinbefore
was mentioned
together with
all interest
that may be made
obtained for or
in respect of
the same in the
meantime And
should and would
from time to
time and at all
times thereafter
well and
effectually save
and defend keep
harmless and
indemnified the
said Henry Penny
his heirs
executors
administrators
and assigns and
his and their
lands and
tenements goods
and chattels of
from and against
all loss costs
charges damages
and expences
which he or they
or any of them
should or might
sustain expend
or be put unto
by reason or
means of the
nonpayment of
the same or any
part thereof
And also
that in case he
the said A’Court
Daniell should
at any time
during his life
become possessed
of a sound mind
he the
said A’Court
Daniell and all
and every other
person and
persons having
or claiming or
who should or
might then have
or claim any
estate right
title trust or
interest at Law
or in Equity of
in to or out of
the said piece
or parcel of
land and
premises
thereinbefore
mentioned and
described and so
agreed to be
sold as
aforesaid should
and would
immediately
thereupon in
consideration of
the said sum of
Seventy five
pounds so paid
by the said
Henry Penny to
the said George
Daniell for the
use of the said
A‘Court Daniell
as aforesaid And
without any
further or other
Considerations
at the Costs and
Charges of the
said A‘Court
Daniell (except
the Stamp duty)
and by such
Conveyances and
Assurances in
the Law as the
said Henry Penny
his heirs or
assigns or his
or their Counsel
should advise or
require well and
effectually
grant bargain
sell release
convey and
assure unto the
said Henry Penny
his heirs or
assigns or as he
or they should
direct or
appoint free
from
incumbrances
All that
piece or parcel
of Arable land
containing by
estimation half
an acre (were
the same more or
less) but by
admeasurement
two roods and
ten perches
situate lying
and being in the
parish of Yeovil
aforesaid by the
side of
Sparrow’s Lane
in a Close
belonging to the
said Henry Penny
bounded on the
west by the
highway on the
east by the
other part of
the said Close
belonging to him
the said Henry
Penny and on the
south by the
said lane
theretofore in
the possession
of William
Daniell deceased
Grandfather of
the said A’Court
Daniell
afterwards of
Jane Daniell
deceased
daughter of the
said William
Daniell and then
of the said
A’Court Daniell
or their
respective
tenant or
tenants together
with the
appurtenances
To hold the
said piece of
parcel of Ground
hereditaments
and premises
with the
appurtenances
unto and to the
use of the said
Henry Penny his
heirs and
assigns for ever
And further
that in case the
said A’Court
Daniell should
happen to depart
this life
without having
executed such
Conveyances and
Assurances of
the said
premises as
aforesaid Then
that the heir or
heirs at Law of
him the said
A’Court Daniell
and all and
every other
person or
persons
whomsoever
lawfully or
equitably
claiming or to
claim by from or
under or in
trust for him or
them should and
would at the
Costs and
Charges of the
said heir or
heirs at Law of
the said A’Court
Daniell (except
as aforesaid)
immediately upon
the death of the
said A’Court
Daniell without
any further or
other
Consideration
than
thereinbefore
was mentioned
and expressed to
have been
already paid and
by such
Conveyances and
Assurances as
aforesaid in the
manner well and
effectually
grant bargain
sell release
convey and
assure the same
piece of parcel
of Ground
hereditaments
and premises
with the
appurtenances
(free from
Incumbrances)
unto and to the
use of the said
Henry Penny his
heirs and
assigns for ever
or as he or they
should direct or
appoint And
whereas the
said piece of
parcel of land
comprised in the
said recited
Indenture have
been for many
years past
thrown into the
said Close
belonging to the
said Henry Penny
and also the
said and have
since formed one
Close called
Penny’s Close
[sic] And
whereas the
said George
Harris hath
lately purchased
the same Close
of Ground piece
of parcel of
land comprised
in the said
recited
Indenture now
forming part
thereof and the
same have been
duly conveyed to
him accordingly
And whereas
the said George
Harris hath
lately
contracted with
the said Elias
Whitby for the
Sale to him of a
part of the said
Close containing
in length
towards the
north One
hundred and
seventy one feet
and towards the
south Two
hundred and two
feet and in
width towards
the East and
west One hundred
and twenty eight
feet (be the
same
respectively a
little more or
less) bounded on
the north and
east by other
parts of the
said Close on
the south by
Sparrow’s Lane
and on the west
by the Highway
leading from
Yeovil to
Mudford and the
same is intended
to be conveyed
to the said
Elias Whitby by
Indenture of
Lease
Appointment and
Release the
appointment and
Release bearing
even date with
these presents
And whereas
on the treaty
for the said
purchase it was
agreed that the
said George
Harris should
execute unto the
said Elias
Whitby such
further
assurances as
hereinafter is
contained
affecting such
part of the said
piece or parcel
of the said
Close so
conveyed to him
as aforesaid as
formed part of
the said piece
of parcel of
land comprised
in the said
recited
Indenture Now
this Indenture
witnesseth
that in
pursuance of
such Agreement
and in
consideration of
the purchase
money or sum of
Five hundred
pounds mentioned
to have been
paid by the said
Elias Whitby to
the said George
Harris in and by
the said
Indenture of
Appointment and
Release of even
date herewith
and of the
further sum of
Ten shillings to
the said George
Harris in hand
paid by the said
Elias Whitby at
or before the
execution hereof
the receipt
whereof is
hereby
acknowledged
He the said
George Harris
for himself his
heirs executors
and
administrators
doth hereby
covenant and
agree to and
with the said
Elias Whitby his
heirs and
assigns That
he the said
George Harris
his heirs
executors and
administrators
shall and will
at the request
Costs and
Charges in all
things of the
said Elias
Whitby his
appointees heirs
or assigns use
his or their
best endeavours
to enforce the
performance of
the Covenants
contained in the
said recited
Indenture on the
part of the said
George Harris
his heirs and
assigns and also
shall and will
at the like
request Costs
and Charges do
and execute
further acts and
assurances that
shall be
necessary for
more effectually
or
satisfactorily
conveying and
assuring
unto the
said Elias
Whitby his heirs
and assigns so
much of the
piece of parcel
of ground and
hereditaments
comprised in the
said recited
Indenture as is
conveyed by the
Indenture of
Appointment and
Release of even
date herewith
hereinbefore
referred to and
the fee simple
and Inheritance
thereof To the
uses declared
thereof by the
same Indenture
or as the said
Elias Whitby his
heirs appointees
or assigns shall
direct or
appoint And
also shall and
will at all
times hereafter
upon every
reasonable
request in
writing and at
the proper Costs
and Expenses of
the said Elias
Whitby his heirs
or assigns
(unless
prevented by
fire or other
inevitable
accident)
produce and shew
forth or cause
to be produced
and shewn forth
in England and
not elsewhere
unto the said
Elias Whitby his
appointees heirs
or assigns or to
his or their
Counsel
Solicitor
Attorney or
Agent or at any
trial or hearing
in any Court or
Courts of Law or
Equity or at any
Commission for
the Examination
of Witnesses or
otherwise as
occasion shall
require the said
Indenture
hereinbefore
recited for the
better
evidencing and
maintaining
defending and
proving the
title of the
said Elias
Whitby his
appointees heirs
and assigns in
and to the said
piece or parcel
of ground and
hereditaments
comprised in and
intended to be
conveyed by the
Indenture of
Appointment and
Release of even
date herewith or
any part thereof
and in the
meantime
preserve the
same Indenture
uncancelled and
undefaced and
also shall and
will at such
request and
Expense as
aforesaid
(unless
prevented as
aforesaid) make
and deliver unto
the said Elias
Whitby his
appointees heirs
or assigns one
or more true and
Attested Copy or
Copies of or
Extract form the
same Indenture
and permit and
suffer such
Copies or
Extracts as
aforesaid to be
Examined and
Compared with
the original by
the said Elias
Whitby his
appointees heirs
or assigns or
any person or
persons whom he
or they shall
appoint In
witness
whereof the said
parties hereto
have hereunto
set their hands
and seals the
day and year
first above
written.
George [seal]
Harris
Transcribed by Bob Osborn
