The Document Chest
1839 - Appointment & Release
John and Edmund Moody to George Harris for Penny's Ground (Ashgrove)
This Indenture
made the twenty
fifth day of
June One
thousand eight
hundred and
thirty nine
Between John
Moody of
Sherborne in the
County of Dorset
Excise Officer
of the first
part Edmund
Moody of
Corton Denham in
the County of
Somerset Yeoman
of the second
part George
Harris of
Yeovil in the
said County of
Somerset Builder
of the third
part and
Thomas Phelps
the Younger
of the same
place Glove
Cutter of the
fourth part
Whereas by
Indentures of
Lease and
Release bearing
date
respectively the
twenty second
and twenty
fourth days of
December last
the Release
being made
between Henry
Penny Esquire of
the first part
the said John
Moody of the
second part and
the said Edmund
Moody of the
third part The
Close of pasture
Land and
hereditaments
hereinafter
described and
intended to be
hereby conveyed
were conveyed
and assured 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 John
Moody 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 John
Moody and his
assigns during
his Life without
impeachment of
waste With a
Limitation To
the use of
the said Edmund
Moody his
executors and
administrators
during the Life
of the said John
Moody In
trust for
him and his
assigns with
remainder To
the use of
the heirs and
assigns of the
said John Moody
for ever And
whereas the
said George
Harris hath
contracted with
the said John
Moody for the
absolute
purchase of the
said Close of
Land and
hereditaments
and the fee
simple and
inheritance
thereof free
from
incumbrances for
the sum of seven
hundred and
forty five
pounds Now
this Indenture
witnesseth
that in
pursuance of the
said Contract
and in
consideration of
the sum of
Seven hundred
and forty five
pounds
Sterling to the
said John Moody
at or before the
sealing and
delivery of
these presents
paid by the said
George Harris
the receipt
whereof the said
John Moody doth
acknowledge and
of and from the
same doth acquit
release and
discharge the
said George
Harris his
appointees heirs
executors
administrators
and assigns by
these presents
He the said John
Moody (by virtue
and in pursuance
and in exercise
and execution or
the power or
authority to him
given or
reserved or in
lieu vested in
and by the
hereinbefore in
part recited or
referred to
Indentures of
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
John Moody
legally executed
absolutely and
irrevocably
appoint That all
and singular the
Close of Pasture
Land
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 Edmund
Moody at or
before the
sealing and
delivery of
these presents
paid by the said
George Harris
the receipt
whereof is
hereby
acknowledged
He the said
John Moody
doth by
these presents
grant bargain
sell alien
release and
confirm And
the said Edmund
Moody (with and
by the privily
and direction of
the said John
Moody testified
by his executing
these presents)
doth
bargain sell
alien and
release unto the
said George
Harris and his
heirs in the
actual
possession of
the said George
Harris and being
by virtue of a
bargain and Sale
to him thereof
made by the said
John Moody and
Edmund Moody 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) All
that Close of
Pasture Land
called Penny’s
Ground
containing by
admeasurement
three acres two
roods and twelve
perches (be the
same more or
less) situate in
Kingston Juxta
Yeovil aforesaid
lately in the
possession of
the said Henry
Penny since of
the said John
Moody but now of
the said George
Harris which
said Close is
numbered “1145”
on the Map of
the parish of
Yeovil aforesaid
made for such
Parish in the
year One
thousand eight
hundred and
thirty one and
was in the
custody of the
Churchwardens
and Overseers of
Yeovil aforesaid
and is bounded
on or towards
the North by
premises of
George Ewens on
or towards the
South by
Sparrows Lane on
or towards the
East by Land of
George Mayo
Esquire and on
or towards the
West by the
Turnpike Road
leading from
Yeovil aforesaid
to Mudford in
the said County
of Somerset
Together
with all Houses
Outhouses
Buildings
Erections ways
paths passages
Wells Springs
Waters
watercourses
easements
Profits
advantages and
appurtenances
whatsoever to
the said Close
of Land
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
properly
possession claim
and demand
whatsoever of
them the said
John Moody and
Edmund Moody and
of each of them
of in to and out
of the same
To have and to
hold the
said Close of
Land 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
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 by
any Deed or
Deeds writing or
writings with or
without power of
revocation to be
by him legally
executed shall
from time to
time appoint
And in
default of and
until such
appointment and
so far as the
same shall not
extend To the
use of the
said George
Harris and his
assigns 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 George
Harris To the
use of the
said Thomas
Phelps his
executors and
administrators
during the life
of the said
George Harris
In trust for
the said George
Harris and his
assigns And
immediately
after the
decease of the
said George
Harris To the
use of the
heirs and
assigns of the
said George
Harris for ever
And the
said George
Harris doth
hereby declare
that his Widow
if he shall
happen to die
leaving a Widow
shall not be
intitled to
Dower out of the
hereditaments
and premises
hereby conveyed
or intended so
to be or any
part thereof
And the said
Edmund Moody
doth hereby for
himself his
heirs executors
and
administrators
covenant and
declare with and
to the said
George Harris
his appointees
heirs and
assigns that he
the said Edmund
Moody hath not
made done or
executed and act
or deed whereby
the said Close
of Land
hereditaments
and premises
hereby conveyed
or any part
thereof are is
can shall or may
be incumbered in
any manner
howsoever And
the said John
Moody doth
hereby for
himself his
heirs executors
and
administrators
covenant promise
and agree
with and to the
said George
Harris 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 John
Moody by the
said Indenture
of release is at
the time of the
sealing and
delivery of
these presents
in full force
and effect as to
and concerning
the said Close
of Land
hereditaments
and premises
hereinbefore
conveyed and in
nowise exercised
made or become
void or
extinguished
(except as
appears by these
presents) All
that for and
not withstanding
and act deed
matter or thing
whatsoever by
him the said
John Moody or
any person or
persons lawfully
claiming or to
claim by from
under or in
trust for him
made done
committed or
executed or
knowingly or
willingly
permitted to the
contrary he the
said John Moody
now hath in
himself good
right full power
and lawful and
absolute
authority to
appoint and that
they the said
John Moody and
Edmund Moody or
one of them now
have or hath in
themselves or
himself like
right power and
authority to
grant release
and confirm the
said Close of
Land
hereditaments
and premises
hereby conveyed
with the
appurtenances
into the said
George Harris
and his heirs
To the uses
and in 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
occupied and
enjoyed and the
rent issues and
profits thereof
be had received
and taken
accordingly
without any
eviction or
interruption by
him the said
John Moody 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 Estates
rights and
Interests and
all charges and
incumbrances
whatsoever
occasioned or
suffered by him
the said John
Moody 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
John Moody and
his heirs and
all other
persons having
or lawfully
claiming and
Estate or
Interest in the
said Close of
Land
hereditaments
and premises
hereby conveyed
or any part
thereof by from
through under or
in trust for him
the said John
Moody shall and
will at any time
or times
hereafter on the
request and at
the proper costs
and charges of
the said George
Harris his
appointees heirs
and assigns make
do and execute
all such acts
deeds
conveyances and
assurances for
assuring and
confirming the
same Close of
Land
hereditaments
and premises or
any part thereof
with the
appurtenances
unto the said
George Harris
and his heirs
To the uses
and in manner
aforesaid
according to the
true intent and
meaning of these
presents as by
the said George
Harris his
appointees heirs
or assigns or
his or their
Counsel in the
Law shall
lawfully and
reasonably
devised or
advised and
required In
witness
whereof the said
parties to these
presents have
hereunto set
their hands and
seals the day
and year first
above written.
John
[seal] Moody
Edmund
[seal] Moody
George
[seal] Harris
Received
on the day and
year first above
written of and
from the within
named George
Harris the sum
of seven hundred
and forty five
pounds being the
full
consideration
money within
mentioned to be
paid by him to
me
John
Moody
Witness
HM Watts
Signed
sealed and
delivered by the
within named
John Moody
Edmund Moody and
George Harris in
the presence of
HM Watts, Sol.
Yeovil
Transcribed by Bob Osborn
