Yeovil's Virtual Museum

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 and Thomas Phelps the Younger of the same place Glove Cutter of the one part and Elias Whitby the younger also of the same place Glove Manufacturer and James Hooper Whitby of the same place Wooldealer of the fourth part Whereas by Indenture of Lease and Appointment and Release being bearing date respectively the twenty fourth and twenty fifth days of June last [i.e. 1839] the Appointment and Release being made between John Moody Excise Officer of the first part Edmund Moody Yeoman of the second part the said George Harris of the third part and the said Thomas Phelps the younger of the fourth part All that Close of Pasture land called Penny’s Ground containing by measurement three acres two roods and twelve perches (were the same more or less) situate in Kingston juxta Yeovil aforesaid lately in the possession of Henry Penny since of the said John Moody but then of the said George Harris which said Close number “1145” on the map of the parish of Yeovil aforesaid made for such parish in the year One thousand  eight hundred and twenty one and then in the custody of the Churchwardens of Yeovil aforesaid and was bounded on or towards the north by premises of George Ewens on or towards the south by Sparrow Lane on or towards the east by Land of George Mayo Esquire and on or towards the west  by the Turnpike road [Mudford Road] leading from Yeovil aforesaid to Mudford in the said County of Somerset was appointed conveyed and assured unto the said George Harris and his heirs To such uses upon and for such trusts ends intents and purposes and with under and subject to such powers provisos and declarations as the said George Harris’s by any deed or deeds writing or writings with or without power of revocation to be by him legally executed should from time to time appoint And in default of such appointment To the use of the said George Harris and his assigns during his life without impeachment of waste with a limitation To the use of the said Thomas Phelps the younger his executors and administrators during the life of the said George Harris In trust for him and his assigns with remainder To the use of the heirs and assigns of the said George Harris forever And whereas the said George Harris hath since erected on some part of the said Close of Land a Messuage or Dwellinghouse And whereas the said George Harris hath contracted with the said Elias Whitby the younger for the absolute Sale to him of the piece or parcel of land hereinafter particularly described being part of the said Close comprised in and conveyed by the said recited Indentures of Lease and Appointment and Release with the Messuage or dwellinghouse thereon erected and built and the fee simple and inheritance thereof free from all Incumbrances for the sum of Five hundred pounds [around £62,000 at today’s value] Now this Indenture Witnesseth that in pursuance of the said Contract and in consideration the sum of Five hundred pounds sterling to the said George Harris at or before the sealing and delivery of these presents by the said Elias Whitby the younger the receipt whereof the said George Harris doth hereby acknowledge and of an the same doth acquit release and discharge the said Elias Whitby the younger his appointees heirs Executors administrators and assigns for ever by these presents he the said George Harris (by virtue and in pursuance and execution of the power or authority to him given or reserved or in him vested in and by the hereinbefore in part recited Indenture of Appointment and Release and of all and every other powers and power authorities and authority in anywise enabling him in this behalf (doth by this present deed or writing by him the said George Harris by him legally executed absolutely and irrevocably appoint That all and singular the piece of parcel of Land Messuage or dwellinghouse hereditaments and premises hereinafter described and intended to be hereby granted and released with the appurtenances shall from henceforth and for ever hereafter remain continue and be To the uses and upon the trusts hereinafter expressed and declared concerning the same And this Indenture further witnesseth that for the consideration aforesaid And also in consideration of the further sum of Five shillings sterling to the said Thomas Phelps the younger at or before the sealing and delivery of these presents paid by the said Elias Whitby the younger the receipt whereof is hereby acknowledged he the said George Harris doth by these presents grant bargain sell alien release and confirm And the said Thomas Phelps the younger (with and by the privity and direction of the said George Harris testified by his executing these presents) doth bargain sell alien and release unto the said Elias Whitby the younger and his heirs (in the actual possession of the said Elias Whitby the younger now being by virtue of a Bargain and Sale to him thereof made by the said George Harris and Thomas Phelps the younger in consideration of Five shillings each by Indenture bearing date the day next before the day of the date of these presents for the term of one year and by force of the Statute of uses All that piece or parcel of land part of the Close of Pasture Land called Penny’s Ground hereinbefore described containing in length toward 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 together with the Messuage or dwellinghouse since erected in the said piece or parcel of land which said piece or parcel of land is now in the possession of the said Elias Whitby the younger is situate in the parish of Yeovil aforesaid and is more [?] particularly delineated and described on the plan thereof drawn in the margin of these presents Together with all houses outhouses buildings erections ways paths passages wells springs waters watercourses easements profits advantages appurtenances whatsoever to the said piece or parcel of land dwellinghouse and hereditaments belonging or appertaining And the reversion and reversions remainder and remainders rents issues and profits thereof And all the estate right title interest use trust possession claims and demands the estate right title interest use trust possession claims and demands the estate right title interest use trust possession claims and demands the estate right title interest use trust possession claims and demands the estate right title interest use trust possession claims and demands the estate right title interest use trust possession claims and demands the estate right title interest use trust possession claims and demands the estate right title interest use trust possession claims and demands whatsoever of them the said George Harris and Thomas Phelps the younger and each of them of in to and out of the same To have and to hold the said piece or parcel of land dwellinghouse and all and singular other the hereditaments and premises hereinbefore described and hereby granted and released or otherwise assured or intended so to be with the appurtenances unto the said Elias Whitby the younger and his heirs To such uses upon such trusts ends intents and purposes and with under and subject to such powers provisions and declarations as the said Elias Whitby the younger by any deed or deeds writing or writings with or without power of revocation to be by him legally executed shall during the term of his life without impeachment of waste and after the determination of that Estate by any means in the lifetime of the said Elias Whitby the younger To the use of the said James Hooper Whitby his executors and administrators during the life of the said Elias Whitby the younger In trust for the said Elias Whitby the younger and his assigns And immediately after the death of said Elias Whitby the younger To the use of the heirs and assigns of said Elias Whitby the younger for ever

 

Courtesy of Heidi Nicholson-Moore

 

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[Sheet 2]

 

And the said Elias Whitby the younger doth hereby declare that his widow if he shall happen to die leaving a widow shall not be entitled to Dower out of the hereditaments and premises hereby conveyed or intended so to be or any part thereof And the said Thomas Phelps the younger doth for himself his heirs executors and administrators covenant and declare with and to the said with the appurtenances his appointees heirs and assigns that he the said Thomas Phelps the younger hath not made done or executed any act or deed whereby the said piece or parcel of Land dwellinghouse hereditaments and premises hereby conveyed or any part thereof are is can shall or may be incumbered in any manner howsoever And the said George Harris doth hereby for himself his heirs executors and administrators covenant promise and agree with and to the said Elias Whitby the younger his appointees heirs and assigns in manner following that is to say that the power of appointment so given to or vested in him the said George Harris by the said Indenture of Appointment and Release is at the time of the sealing and delivery of these presents in full force and effect as to and concerning the said piece or parcel of land hereditaments and premises hereinbefore conveyed and in nowise executed exercised or otherwise made or become void or extinguished (except as appears by these presents) And that for and notwithstanding any act deed matter of thing whatsoever by him the said George Harris or any person or persons lawfully claiming or to claim by from under or in trust for him made done committed of executed or knowingly or willingly permitted to the contrary he the said George Harris now hath in himself good right full power and lawful and absolute authority to appoint and that the said George Harris and Thomas Phelps the younger or one of them now have or hath in themselves of himself like right power and authority to grant release and confirm the said piece or parcel of Land hereditaments and premises here by conveyed with the appurtenances unto the said Elias Whitby the younger and his heirs To the uses and in the manner aforesaid according to the true intent and meaning of these presents And further that the same hereditaments and premises with the appurtenances shall or lawfully may at all times hereafter remain continue and be To the uses hereinbefore expressed concerning the same and be peaceably and quietly held and enjoyed and the rents issues and profits thereof be had received and taken accordingly without any eviction or interruption by him the said George Harris or any person or persons lawfully or equitably claiming or to claim by from through under or in trust for him And that free from all adverse rights and interests and all Charges and Incumbrances whatsoever occasioned suffered by him the said George Harris or any person or persons lawfully or equitably claiming or to claim by from through under or in trust for him And moreover that he the said George Harris and his heirs and all other persons having or lawfully claiming any Estate or Interest in the said piece or parcel of land hereditaments and premises hereby conveyed or any part thereof by from through under or in trust for him the said George Harris shall and will at any time or times hereafter on the request and at the proper Costs and Charges of the said Elias Whitby the younger his appointees heirs or assigns make do and execute all such acts deeds conveyances and assurances for assuring and confirming the same piece or parcel of land hereditaments and premises or any part thereof with the appurtenances unto the said Elias Whitby the younger and his heirs To the uses and in manner aforesaid according to the true intent and meaning of these presents as by the said Elias Whitby the younger his appointees heirs or assigns or his or their Counsel in the law shall be lawfully and reasonably devised or advised and required And lastly that the said George Harris his appointees heirs or assigns shall at all times hereafter upon every reasonable request in writing and at the proper Costs and expense of the said Elias Whitby the younger his appointees heirs or assigns (unless prevented by fire or other inevitable accident) produce and shew forth or cause and procure to be produced and shewn forth in England and not elsewhere unto the said Elias Whitby the younger his appointees heirs and 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 deeds and writings enumerated in the Schedule hereunder written or any part thereof for the better evidencing and maintaining defending and proving the title of the said Elias Whitby the younger his appointees heirs and assigns in and to the said piece or parcel of land dwellinghouse hereditaments and premises hereinbefore appointed and conveyed or intended so to be or any part thereof and in the meantime preserve the same deeds and writings safe uncancelled and undefaced (unless prevented as aforesaid) And also shall and will at such request and expense as aforesaid (unless prevented as aforesaid) make and deliver unto the said Elias Whitby the younger his appointees heirs or assigns one or more true Copy or Copies to be attested or not as may be required of or extracts from the same deeds and writings or any of them or any part thereof and permit and suffer all such Copies and Extracts as aforesaid to be examined and compared with the originals by the said Elias Whitby the younger his appointees heirs or assigns or any person or persons whom he or they shall appoint In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

The Schedule hereinbefore referred to

1838 December 22 & 24 - Indentures of Lease and Appointment and Release of these dates respectively the Appointment and Release being made between Henry Penny Esquire of the first part the said John Moody of the second part and the said Edmund Mody of the third part

1839 June 24 & 25 – The indentures of Lease and Appointment and Release of these dates respectively hereinbefore recited

 

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[Sheet 3]

This Indenture made the twenty ninth day of August One thousand eight hundred and thirty nine Between George Harris of Yeovil in the County of Somerset Builder and Thomas Phelps the Younger of the same place Glove Cutter of the one part and Elias Whitby the younger also of the same place Glove Manufacturer of the other part Witnesseth that for and in consideration of Five shillings of lawful British Money to each of them the said George Harris and Thomas Phelps the younger paid by the said Elias Whitby the younger at or immediately before the execution of these presents the receipts whereof are hereby acknowledged they the said George Harris and Thomas Phelps the younger have and each of them hath bargained and sold And by these presents do and each of them doth bargain and sell unto the said Elias Whitby the younger his executors administrators and assigns All that piece or parcel land part of a Close of Pasture Land called Penny’s Ground described in the Indenture of Release hereinafter referred to as 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 (be the same respectively a little more or less) together with the Messuage or Dwellinghouse since erected on the said piece of parcel of land which said piece of parcel of land is now in the possession of the said Elias Whitby the younger is situate in the parish of Yeovil aforesaid and is more particularly delineated and described on the plan thereof drawn in the margin of the said Indenture of Release hereinafter referred to And all other the hereditaments premises (if any) comprised in and intended to be conveyed by the same Indenture of Release Together with all and every the rights members and appurtenances whatsoever to the said piece or parcel of land Messuage of dwellinghouse hereditaments and premises intended to be hereby bargained and sold belonging or in anywise appertaining [a long sentence deleted by lining through] To have and to hold the said piece or parcel of land Messuage of dwellinghouse hereditaments and premises hereinbefore mentioned and intended to be hereby bargained and sold and every part and parcel thereof with the appurtenances unto the said Elias Whitby the younger his executors administrators and assigns from the day next before the day of the date of these presents for and during and unto the full end and term of One whole year from thence next  ensuing and fully to be completed and ended Yielding and Paying  therefore the rent of a pepper Corn if the same shall be lawfully demanded To the intent and purpose that by virtue of these presents and by force of the Statute made for transferring uses into possession he the said Elias Whitby the Younger may be in the actual possession of the said hereditaments and premises hereby bargained and sold with the appurtenances and be thereby enabled to accept and take a grant and release of the freehold reversion and inheritance thereof to him and his heirs To such uses Upon such trusts and to and for such interests and purposes as are declared in a certain Indenture of release already prepared and engrossed and intended to bear date the day next after the day of the date of these presents and made between the said George Harris of the first part the said Thomas Phelps the younger of the second part the said Elias Whitby the younger of the third part and James Hooper Whitby therein described of the fourth part In witness whereof the said parties hereto have hereunto set their hands and seals the day and year first above written.