The Document Chest

1878 Indenture

Covenant for the Presentation of the Advowson of the Rectory and Parish Church of Thorne Coffin

 

This Indenture made the Sixth day of September One thousand eight hundred and seventy eight Between Wyndham Hugh Helyar of Sutton Bingham in the County of Somerset Clerk in Holy Orders of the one part and William Henry Mayo of Yeovil in the same county Gentleman of the other part Whereas by an Indenture dated the fifth day of December one thousand eight hundred and seventy seven made between the said Wyndham Hugh Helyar of the one part and the said William Henry Mayo of the other part All that the Advowson donation nomination presentation all rights of patronage free gift and disposition of in and to the Rectory and Parish Church of Thorne Coffin in the County of Somerset with the appurtenances were granted unto and to the use of the said William Henry Mayo his heirs and assigns for ever And whereas the Deed hereinafter mentioned relates not only to the hereditaments granted by the hereinbefore recited Indenture but also to other hereditaments of the said Wyndham Hugh Helyar and it hath therefore been agreed that the said Wyndham Hugh Helyar shall retain the same deed and shall enter into such covenants in respect thereof as is hereinafter contained Now this indenture witnesseth that in pursuance of the said Agreement and in consideration of the premises he the said Wyndham Hugh Helyar doth hereby for himself his heirs executors administrators and assigns covenant with the said William Henry Mayo his heirs and assigns that he the said Wyndham Hugh Helyar his heirs and assigns shall and will unless prevented by fire or some other inevitable accident from time to time and at all times hereafter upon every reasonable request and at the cost of the said William Henry Mayo his heirs and assigns produce or cause to be produced unto him or them or his or their Attorneys or Agents or at any trial hearing commission or examination or otherwise as occasion shall require a certain Deed dated the twenty first day of April one thousand eight hundred and seventy-six and made between the Reverend Hugh Welman Helyar of the one part and the said Wyndham view earlier the other part for the purpose of showing his or their title to the hereditaments comprised in the hereinbefore recited Indenture or any part thereof And also at the [word illegible] request and cost deliver or cause to be delivered unto the said William Henry Mayo his heirs or assigns such attested or other copies or extracts or or from the said deed as he or they may require And shall and will in the meantime unless prevented as aforesaid Keep the said Deed safe unobliterated and uncancelled Provided always and it is hereby agreed and declared that if the said Wyndham Hugh Helyar his heirs or assigns shall deliver the said Deed to any person or persons lawfully entitled to the custody thereof and shall thereupon at his or their own expense procure the person or persons to whom the same Deed shall be so delivered to enter into with and deliver to the person or persons then entitled to the benefits of the covenant hereinbefore contained covenant to the title purports and effect then and thenceforth the covenant hereinbefore contained shall become void In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

WH Hellyer

Note on back: signed sealed and delivered by the within named Wyndham Hugh Hellyer in the presence of Henry Butler Batten Solicitor Yeovil


Transcribed by Bob Osborn

 

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From my collection/span>

 

The 14th century Church of St Andrew, Thorne Coffin - the Covenant for the Presentation of the  Rectory and Advowson of which, is the subject of this indenture. Photographed in 2001.