The Document Chest

1843 Lease of a property

In Rackleford (today's Market Street)


This is an indenture or lease for one year from my collection, dated 1 May 1843 and made between John Batten (probably the Younger) of the first part and Francis Theophilus Robins (seen at left) of the second part for premises in Rackleford (today's Market Street) - see map below - for the house next door to that of his father-in-law George Proctor Upton.

This Indenture made the first day of May in the Year of Our Lord one thousand eight hundred and forty three Between John Batten of Yeovil in the County of Somerset Banker of the one part and Francis Theophilus Robins of Yeovil aforesaid Gentleman of the other part Witnesseth that in consideration of the sum of Five shillings Sterling Money to the said John Batten paid by the said Francis Theophilus Robins at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged He the said John Batten hath bargained and sold and by these presents doth bargain and sell unto the said Francis Theophilus Robins his Executors administrators and assigns All that Messuage or Dwellinghouse with the Stable Outhouses Court and Gardens thereto adjoining and belonging formerly in the occupation of Edward Watts and since then of Markes Lambe and now of the said Francis Theophilus Robins containing in the front from East to West fifty one feet bounded on the North by the street now called Rackleford on the South by the Garden of Mr John Greenham on the East by a Dwellinghouse and Garden of the late Mr George Proctor Upton and on the West by a Dwellinghouse and Premises in the Possession of Mr Hilborne which said Dwellinghouse was erected by the said Edward Watts on some part of the Garden or Orchard belonging to a Messuage or Dwellinghouse near unto a place called Millers Well in Yeovil aforesaid heretofore belonging to John Old and Christopher Jeans together with all Outhouses buildings barns Stables backsides Yards Gardens Orchard ways waters watercourses Sewers ditches common of pasture and turbary* fences lights liberties easements profits privileges advantages and appurtenances whatsoever to the same Messuages Dwellinghouse hereditaments and Premises or any part thereof belonging or appertaining or usually held or enjoyed therewith or with any of them or reputed to be part parcel or member thereof or of any part thereof And the reversion and reversions remainder and remainders Yearly and other Rents issues and profits thereof To have and to hold the said Messuage or Dwellinghouse hereditaments and all and singular other the Premises hereinbefore bargained and sold or intended so to be with their and every of their Appurtenances unto the said Francis Theophilus Robins his executors administrators and assigns from the day next before the day of the date of these presents for the term or time of one whole year thence next ensuing and fully to be complete and ended Yielding and Paying therefore the Rent of one Peppercorn on the last day of the said term if the same shall be lawfully demanded To the interest and purpose that by virtue of these presents and by force of the statute made for transferring uses into possession the said Francis Theophilus Robins may be in the actual possession of all and singular the said Messuage or Dwellinghouse hereditaments and Premises hereby bargained and sold or intended so to be and every part thereof with their appurtenances and be thereby enabled to accept and take a grant and release of the reversion and inheritance of the same Premises to him his heirs and assigns upon such trusts and in such manner and form as shall be expressed in and by an Indenture already prepared intended to bear date on the day next after the day of the date and executed after the execution of these presents and to be made between the said John Batten of the first part the said Francis Theophilus Robins of the second part and George Robins of Yeovil aforesaid Gentleman of the third part In Witness whereof the said parties to these presents have hereunto set their hands


Transcribed by Bob Osborn


[ * Note: Turbary is the legal right to cut turf or peat for fuel on common ground or on another person's ground.]




An extract of the 1842 Tithe map (by Edward Bullock Watts) showing George Proctor Upton's house, garden and orchard marked as Parcel 65 (although at this time occupied by his widow Eleanor) and his son-in-law Francis Robin's property (of this lease) next door and marked as Parcel 64 in today's Market Street.


From my collection

The 1843 indenture, or lease, in question.