The Document Chest
1852 release in fee of half an acre of former arable land
Heir of A'Court Daniell and Trustee to George Harris and Elias Whitby and their Mortgagees, for Ashgrove
This Indenture
made the Thirty
first day of
January One
thousand eight
hundred and
fifty two
Between John
Moore of
West Coker in
the County of
Somerset Esquire
of the first
part The
Reverend George
Frederick
Daniell of
Donnington in
the County of
Sussex Clerk of
the second part
George Harris
of Yeovil in the
County of
Somerset Builder
of the third
part
John Noake
Highmore
of Preston
Plucknett in the
County of
Somerset
Gentleman of the
fourth part
Elias Whitby
the Younger
of Yeovil
aforesaid
Glovemanufacturer
of the fifth
part Silas
Feaver of
Castle Cary in
the said County
of Somerset
Gentleman of the
sixth part and
John Slade
of Yeovil
aforesaid
Gentleman of the
seventh part
Whereas by
an Indenture
dated the thirty
first day of
December One
thousand eight
hundred and
eighteen made
between George
Daniell Esquire
(the eldest
Brother and Heir
apparent of
A’Court Daniell
Esquire who is
therein recited
to be seized in
fee simple in
possession of
the parcel of
Arable land
thereinafter
described and to
be then and have
been for many
years past of
unsound mind) of
the one part and
Henry Penny,
Glover, of the
other part In
consideration of
Seventy five
pounds to the
said George
Daniell paid by
the said Henry
Penny the said
George Daniell
covenanted with
the said Henry
Penny his heirs
and assigns that
in case the said
A’Court Daniell
should depart
this life
without having
executed a
Conveyance of
the said parcel
of land to the
said Henry Penny
his heirs and
assigns then the
heir at law of
the said A’Court
Daniell and all
persons lawfully
claiming under
or in
trust for
him or them
should
immediately upon
his death by
such Conveyances
as the said
Henry Penny his
heirs or assigns
should require
convey and
assure All
that piece
or parcel of
Arable land
containing by
estimation half
an Acre but by
admeasurement
two roods and
ten perches
(more or less)
situate in the
parish of Yeovil
aforesaid by the
side of
Sparrows Lane
in a Close then
belonging to the
said Henry Penny
bounded on the
West by the
Highway on the
east by the
other part of
the said Close
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
Tenants with the
Appurtenances
unto and to the
use of the said
Henry Penny his
heirs or assigns
And whereas
by divers deeds
and Assurances
and other Acts
in the law and
ultimately by an
Indenture of
Appointment
dated the
twentieth day of
August One
thousand eight
hundred and
thirty nine made
between the said
Elias Whitby of
the one part and
the said Silas
Feaver of the
other part
All that
piece or parcel
of land part of
the said Close
called Pennys
Ground
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
Dwellinghouse
lately erected
thereon then in
the possession
of the said
Elias Whitby and
situate in the
parish of Yeovil
aforesaid and
more
particularly
delineated on
the plan drawn
in the Margin of
the now reciting
Indenture (in
which was
included a part
of the parcel of
land described
in the
hereinbefore
recited
Indenture and
thereby agree to
be conveyed) was
appointed unto
and to the use
of the said
Silas Feaver his
heirs and
assigns forever
Subject to a
proviso therein
contained for
redemption and
reconveyance of
the said
premises on
payment by the
said Elias
Whitby heirs
Executors
administrators
or assigns unto
the said Silas
Feaver his
Executors
administrators
or assigns of
the sum of Five
hundred pounds
with interest
for the same
after the rate
of Five pounds
per Centum per
annum on the
twentieth day of
February then
next And subject
also to such
power of Sale
and other powers
as in the said
Indenture are
contained And
whereas by
Indentures of
Lease and
Release dated
respectively the
thirtieth and
thirty first
days of January
One thousand
eight hundred
and forty made
between the said
George Harris of
the one part and
John Highmore
Gentleman of the
other part
All that the
said Close of
Pasture land
called Pennys
Ground
containing by
admeasurement
Three acres and
six perches more
or less situate
in Kingston
juxta Yeovil
aforesaid late
in the
possession of
the said Henry
Penny but then
of the said
George Harris
(bounded on the
South by
Premises
belonging to the
said Elias
Whitby [the
Younger] lately
sold and
conveyed by the
said George
Harris to the
said Elias
Whitby) Together
with the
Cottages and
Buildings then
erected thereon
by the said
George Harris
(in which was
included so much
of the parcel of
land described
in the said
first
hereinbefore
recited
Indenture as was
not included in
the last recited
Indenture)
Were
appointed and
released unto
the use of the
said John
Highmore his
heirs and
assigns for ever
Subject to a
proviso therein
contained for
redemption of
the said
premises on
payment by the
said George
Harris his heirs
Executors
administrators
or assigns unto
the said John
Highmore his
heirs Executors
administrators
or assigns of
the sum of Seven
hundred pounds
with interest
for the same
after the rate
of Five pounds
per Centum per
annum on the
thirty first day
of July then
next And subject
also to such
power of Sale
and other powers
for further
securing the
said sum of
Seven hundred
pounds and
interest as in
the said
Indenture are
contained And
whereas the
said John
Highmore made
his Will dated
the twenty third
day of February
One thousand
eight hundred
and thirty eight
(which was
proved in the
Consistorial
Archidiaconal
Court of Wells
on the twentieth
day of December
One thousand
eight hundred
and forty one)
and thereby
after divers
devises and
bequests not
affecting the
last
hereinbefore
recited Security
or the monies
secured thereby
gave devised and
bequeathed all
the residue of
his real and
personal Estate
and effects unto
and to the use
of his Son the
said John Noake
Highmore his
heirs Executors
administrators
and
assigns
And whereas
the said A’Court
Daniell lately
died without
having recovered
the use of his
reason and
without issue
leaving the said
George Frederick
Daniell his
Great Nephew and
heir at law
And whereas
the said George
Frederick
Daniell hath
agreed at the
request of the
said George
Harris and Elias
Whitby
respectively to
confirm the
Contract
contained in the
said first
hereinbefore
recited
Indenture and in
pursuance of the
Covenant therein
contained to
convey and
assure the said
piece or parcel
of Arable
Land and the
inheritance
thereof in
possession free
from
incumbrances to
or for the
benefit of the
said George
Harris and Elias
Whitby
respectively in
manner
hereinafter
expressed And
whereas
under and by
virtue of the
Will of the said
Jane Daniell
dated the twenty
seventh day of
February One
thousand seven
hundred and
eighty six and
proved in the
Prerogative
Court of
Canterbury on
the fifth day of
March one
thousand seven
hundred and
eighty eight the
legal fee of and
in the said
piece or parcel
of Arable land
is now vested in
the said John
Moore as the
eldest Son and
heir at law of
his late
deceased father
John Moore
Esquire who was
the surviving
Trustee under
the same Will In
trust
nevertheless for
the said George
Frederick
Daniell his
heirs and
assigns And
whereas for
the purpose of
conveying such
legal Estate the
said John Moore
(partly hereto)
hath agreed at
the request as
well of the said
George Frederick
Daniell of the
said George
Harris and Elias
Whitby to concur
in these
presents in the
manner
hereinafter
expressed Now
this Indenture
Witnesseth
that in
pursuance of the
said Contract
and in
consideration of
the sum of
Seventy five
pounds so paid
by the said
Henry Penny to
the said George
Daniell as
hereinbefore
mentioned as he
the said George
Frederick
Daniell hereby
acknowledges and
therefrom hereby
releases and
discharges the
said George
Harris and Elias
Whitby
respectively and
their respective
heirs Executors
administrators
and
assigns
and in
consideration of
ten shillings to
each of them the
said John Moore
(partly hereto)
and George
Frederick
Daniell on the
execution hereof
paid by the said
John Slade the
receipt whereof
is hereby
acknowledged
He the said
John Moore by
the direction of
the said George
Frederick
Daniell and on
the nomination
of the said
George Harris
and Elias Whitby
respectively
testified by
their several
executions
hereof Doth
by these
presents release
and convey and
he the said
George Frederick
Daniell on the
like nomination
testified as
aforesaid doth
by these
presents grant
release convey
and confirm with
the said John
Slade and his
heirs All and
singular the
said piece or
parcel of Arable
land and
hereditaments
described and
comprised in the
first
hereinbefore in
part recited
Indenture and
thereby agreed
to be conveyed
with their
actual and
reputed
appurtenances
And all the
estate right
title and
interest
of each
of them the said
John Moore
(partly hereto)
and George
Frederick
Daniell therein
or thereto To
have and To hold
the said piece
or parcel of
Arable land and
premises
hereinbefore
described and
hereby conveyed
or intended to
be with the
Appurtenances
unto the said
John Slade and
his heirs To
the uses
following (that
is to say) As to
so much thereof
as was comprised
in and conveyed
by the said
Indenture of the
twentieth day of
August One
thousand eight
hundred and
thirty nine
To the use
of the said
Silas Feaver his
heirs and
assigns for ever
In confirmation
of the Estate
and interest
appointed and
conveyed to the
said Silas
Feaver in and by
the same
Indenture but
nevertheless
subject to the
proviso for
redemption and
with and under
the powers
provisos
declarations and
Agreements in
such last
mentioned
Indenture
expressed
concerning the
hereditaments
and premises
thereby conveyed
and nor
subsisting and
capable of
taking effect
And as to the
remainder of the
said piece or
parcel of Arable
land and
hereditaments
To the use
of the said John
Noake Highmore
his heirs and
assigns for ever
In confirmation
of the Estate
and Interest
appointed and
released to the
said John
Highmore
deceased his
heirs and
assigns in and
by the said
Indentures of
the thirtieth
and Thirty first
days of January
One thousand
eight hundred
and forty but
nevertheless
subject to the
proviso for
redemption and
with and under
the powers
provisos
Declarations and
Agreements in
such last
mentioned
Indentures
expressed
concerning the
hereditaments
and premises
thereby conveyed
and now
subsisting and
capable of
taking effect
And each of
them the said
John Moore
(partly hereto)
and George
Frederick
Daniell for
himself and for
his respective
heirs Executors
and
administrators
And not the one
for the other of
them Doth
hereby
respectively
Covenant with
the said John
Slade and his
heirs that the
said John Moore
(partly hereto)
and George
Frederick
Daniell have nor
respectively at
any time done
executed or
permitted any
act matter or
thing whereby
the said
premises hereby
bargained and
Sold are is or
may be in any
manner
incumbered 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]
Moore
George
Frederick [seal]
Daniell
George [seal]
Harris
Elias
[seal] Whitby
Jnr
Signed
Sealed and
Delivered by the
within named
George Frederick
Daniell in the
presence of
Henry King
Donnington
Farmer
Signed
Sealed and
Delivered by the
within named
John Moore in
the presence of
Tho. Moore
Junr Clerk
to Mr Moore,
Solicitor,
Yeovil
Signed
Sealed and
Delivered by the
within named
George Harris in
the presence of
Geo. P. Slade
Clerk to Messrs
Slade & Vining,
Solicitors,
Yeovil
Signed
Sealed and
Delivered by the
within named
Elias Whitby the
Younger
in the
presence of
J[ames] T[ally]
Vining
Sol[icitor]
Yeovil
Transcribed by Bob Osborn
