The Document Chest
1920 Conveyance
Trustees of James Edwards to Rev AW Gummer Ball for Ashgrove
This Indenture
made the sixth
day of July one
thousand nine
hundred and
twenty
Between
James Shorland
Aplin
formerly of
Yeovil in the
County of
Somerset but now
residing at the
Spa Hotel
Tunbridge Wells
in the County of
Kent Merchant
and Edward
Bailey of
Carragdaragh
Windsor Avenue
in the City of
Belfast
Chartered
Accountant
(hereinafter
called the
Vendors) of the
first part
Eunice Worner
of Weymouth in
the County of
Dorset Widow of
the second part
and The
Reverend Arthur
William Gummer
Butt of The
Manse Yeovil
aforesaid
Baptist Minister
(hereinafter
called the
Purchaser) of
the third part
Whereas
James Edwards
formerly of
Yeovil aforesaid
Draper was at
the date of his
death
hereinafter
mentioned seized
of the
hereditaments
hereinafter
described in
unincumbered fee
simple in
possession
And whereas
the said James
Edwards
(hereinafter
called the
Testator) made
his Will dated
the nineteenth
day of August
one thousand
eight hundred
and fifty eight
whereby after
making certain
bequests and
devises as
herein mentioned
the Testator
gave and devised
all other his
messuages or
dwelling houses
lands
hereditaments
and premises
situate in
Yeovil aforesaid
or elsewhere
(which included
the said
hereditaments
hereinafter
described ) unto
his Son in law
Elias Lyndall
Whitby and
his daughter
Elizabeth
Edwards and the
Survivor of them
his or her heirs
executors
administrators
and assigns
Upon trust
from time to
time to let the
same premises
and to pay over
the clear rents
and profits of
the same between
his daughters
Mary Ann Aplin
and the said
Eunice Worner
during their
joint lives and
after the death
of either of
them Upon
trust as
therein
mentioned and
the Testator
authorised and
directed the
said Elias
Lyndall Whitby
and Elizabeth
Edwards and the
Survivor of them
his or her heirs
executors
administrators
and assigns at
any time or
times thereafter
with the consent
in writing of
the said Mary
Ann Aplin and
Eunice Worner or
of the survivor
of them to sell
the last
mentioned
messuages or
dwellinghouses
lands
hereditaments
and premises
either by public
auction or
private contract
and either
altogether or in
separate parcels
and for
facilitating
such sale or
sales the
Testator did
thereby direct
that the receipt
or receipts of
his said
Trustees or of
the Survivor of
them his or her
heirs executors
administrators
or assigns
during the lives
of the said Mary
Ann Aplin and
Eunice Worner
with their
consent in
writing or
during the life
of the Survivor
of them with her
consent in
writing should
be a sufficient
discharge to the
Purchaser or
Purchasers of
all or any part
of the last
mentioned trust
premises And
whereas the
Testator died on
the ninth of
January one
thousand eight
hundred and
Fifty nine
without having
revoked or
altered his Will
and the same was
on the ninth day
of March one
thousand eight
hundred and
fifty nine duly
proved in the
Principal
Probate Registry
by the Executors
therein named
And whereas
the said
Elizabeth
Edwards died on
the twentieth
day of October
one thousand
eight hundred
and eighty eight
and whereas the
said Mary Ann
Aplin died on
the sixth day of
January one
thousand nine
hundred And
whereas the
said Elias
Lyndall Whitby
died on the
fourth day of
September one
thousand nine
hundred and
eleven having
made his Will
dated the
twentieth day of
March one
thousand nine
hundred and
eight whereupon
he appointed his
son Henry Urwick
and his Brother
Joseph Whitby to
be the Executors
thereof and in
case his said
brother should
die in his
lifetime or
should renounce
Probate he
appointed his
Cousin John
Herbey (in the
Will written
Hirby) Whitby to
act in his Stead
And by his said
Will the said
Elias Lyndall
Whitby appointed
the Vendors
Executors
and Trustees
thereof for the
purpose only of
dealing with the
real and
personal estate
vested in him as
Trustee under
the Will of the
testator And
whereas the
said Will of the
said Elias
Lyndall Whitby
was on the
seventh day of
November one
thousand nine
hundred and
eleven duly
proved in the
Principal
Probate Registry
by the said
Henry Urwick the
said Joseph
Whitby and John
Herbey Whitby
having renounced
Probate thereof
And whereas
by an Indenture
dated the
nineteenth day
of June one
thousand nine
hundred and
twenty and made
between the said
Henry Urwick
(then Sir Henry
Urwick) Of the
one part and the
Vendors of the
other part the
Vendors were
duly appointed
Trustees of the
Will of the
Testator in
place of the
said Elias
Lyndall Whitby
and Elizabeth
Edwards and it
was thereby
declared that
the estate and
interest of him
the said Henry
Urwick in the
freehold
hereditaments
specified in the
Schedule
hereunder
written (which
included the
Said
hereditaments
hereinafter
described) and
in all other (if
any) the
hereditaments
then held on the
trusts of the
Will of the
Testator should
vest in the
Vendors upon the
trusts and with
and subject to
the powers and
provisions of
the said Will
And whereas
the Vendors in
execution of the
trust for sale
contained in the
hereinbefore
recited Will of
the Testator and
with the consent
hereby testified
by the said
Eunice Worner
have agreed with
the Purchaser
for the sale to
him of the said
hereditaments
in
unincumbered fee
simple in
possession at
the price of
One thousand
pounds
(around £56,500
at today’s
value) Now
this Indenture
witnesseth
that in
consideration of
the Sum of One
thousand pounds
with the consent
of the said
Eunice Worner
paid to the
Vendors by the
Purchaser (the
receipt of which
sum the Vendors
hereby
acknowledge) the
Vendors As
Trustees
with the consent
aforesaid hereby
convey unto the
Purchaser All
that piece or
parcel of land
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)
Together
with the
messuage or
dwellinghouse
erected on the
said piece or
parcel of land
which said
premises are now
known as
Ashgrove House
are situate
adjoining the
Mudford Road in
the Borough of
Yeovil in the
County of
Somerset and
Numbered 1064 on
the Tithe Map
and
Apportionment
for the parish
of Yeovil
aforesaid and in
said
Apportionment
sealed to
contain Two
roods and thirty
perches and for
the purposes of
identification
only are
delineated and
edged Pink in
the Plan drawn
herein To
hold the
same unto and to
the use of the
Purchaser in fee
simple In
witness
whereof the said
parties to these
presents have
hereunto set
their hands and
seals the day
and year first
before written
J Shorland Aplin
[seal]
Edward Bailey
[seal]
Eunice Worner
[seal]
Transcribed by Bob Osborn
