The Document Chest

1920 - Abstract of title

of James Shorland Aplin and Edward Bailey for Ashgrove

NOTE: the many abbreviations in the original have been expanded in this transcript where possible, otherwise any unexpanded abbreviations remain but followed by [?]

.

Abstract of the Title of Messrs James Shorland Aplin and Edward Bailey to dwellinghouse and premises known as Ashgrove House situate in Mudford Road, Yeovil

BY WILL of this date [19 August 1858] James Edwards late of Yeovil, Somerset Draper and Pawnbroker after making certain gifts and devises not affecting hereditaments the subject of this Abstract Gave and devised All other his messuages and dwellinghouses tenements lands hereditaments and premises situate in Yeovil aforesaid or elsewhere and other his real estate except Trust and Mortgaged estates Unto his Son in law Elias Lyndall Whitby and his daughter Elizabeth Edwards and survivor of them his or her heirs executors administrators and assigns Upon Trust from time to time to let the same premises respectively as therein mentioned and to pay over the clear rents and profits of the same premises unto and equally between his daughters Mary Ann Aplin and Eunice Worner during their joint lives and after the death of either of them Upon trust as therein mentioned And said will contained an Authority and direction to said Elias Lyndall Whitby and Elizabeth Edwards and the survivor of them his or her heirs executors administrators and assigns respectively at any time or times thrar[?] with consent in writing of said Mary Ann Aplin and Eunice Worner or of the survivor of them to sell dispose of and convert into money last mentioned messuages or dwellinghouses and premises and other real estate either by public auction or private contract and either altogether or in separate parcels and for facilitating such sale or sales said Testator did thereby direct the receipt or receipts of his said Trustees or of the survivor of them his or her heirs executors administrators and 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 and be a sufficient discharge to the purchaser or purchasers of the said last mentioned Trust premises

Duly signed and witnessed

9 January 1859 - The said Testator died at Yeovil aforesaid.

9 March 1859 - Said will proved in the Principal Probate Registry by both Executors.

20 October 1888 - Said Elizabeth Edwards died.

6 January 1900 - Said Mary Ann Aplin died.

20 March 1908 - By his will of this date the said Elias Lyndall Whitby then of Great Malvern in the county of Worcester Gentleman

After appointing his son in law Henry Urwick and his brother Joseph Whitby to be the Executors of that his Will and in case his said brother should die in his lifetime or should renounce probate said Testator appointed his cousin John Kirbey Whitby to act in his stead. Said Testator also appointed James Shorland Aplin of Yeovil in the county of Somerset Cheese Factor and Edward Bailey of Redipole Rosetta Park, Belfast, Ireland, Accountant Executors and Trustees of that his Will for the purpose only of dealing with the real and personal estate vested in him (the Testator) as trustee under before abstracted Will of said James Edwards

Duly signed and witnessed

4 September 1911 - Said Elias Lyndall Whitby died.

7 November 1911 - Said will was proved in the Principal Probate Registry by the said Henry Urwick on of the general Executors therein named, the said Joseph Whitby the other general Executor named in the said Will and John Kerbey Whitby the General Executor substituted in said will having renounced probate thereof.

19 June 1920 - By Indenture made between the said Henry Urwick (then Sir Henry Urwick) of “St Quentin” Great Malvern Worcester, Knight of one part and the said James Shorland Aplin then formerly of Yeovil aforesaid but then residing at the Spa Hotel, Tunbridge Wells Kent Merchant and Edward Bailey of Carragdaragh, Windsor Avenue in the City of Belfast Chartered Accountant of the other part

After reciting before abstracted Will of said James Edwards – his death and probate.

And reciting death of said Elizabeth Edwards

And reciting death of the said Elias Lyndall Whitby his Will as before abstracted and probate.

And reciting that in order to carry into effect the purported appointment by the said Elias Lyndall Whitby of the said James Shorland Aplin and Edward Bailey to be Trustees of the Will of the said James Edwards the said Sir Henry Urwick had at the request of the said James Shorland Aplin and Edward Bailey to execute abstg prests [?]

And reciting that personal estate held upon the trustees of the Will of the said James Edwards had been duly transferred by the said Sir Henry Urwick to the said James Shorland Aplin and Edward Bailey

And reciting that particulars of the real estate of the said James Edwards remaining unsold were specified in the Schedule thereunder

It was Witnessed

1.    The said Sir Henry Urwick in exercise of the power vested in him by the Trustee Act 1893 and of every and any other power him enabling and at the request of the said James Shorland Aplin and Edward Bailey to be Trustees of the Will of the said James Edwards in place of the said Elias Lyndall Whitby and Elizabeth Edwards

2.    The said Sir Henry Urwick thereby declared that the estate and intt [?] of him the said Sir Henry Urwick in freehold hereditaments specified in the said Schedule thereunder with and in all other (if any) the hereditaments then held on trusts of the Will of the said James Edwards should vest in the said James Shorland Aplin and Edward Bailey upon trusts and with and subject to the powers and provisions of the said Will.

The Schedule above referred to comprised (inter alia).

1.    A freehold dwellinghouse, garden and premises known as Ashgrove House situate in Mudford Road, Yeovil Number 1064 on the Tithe Map and containing 2r. 30p.

Duly executed by all parties attested.

 

 

Courtesy of Heidi Nicholson-Moore
Transcribed by Bob Osborn