Yeovil's Virtual Museum

1825 Indenture

Appointment & Release of Freehold Land and  Leasehold Land

in the Manor of Hendford

 

This is an indenture in my collection dated 4 March 1825, for the sale of a parcel of land and hereditaments in the Manor of Hendford abutting the newly-built Brunswick Street, together with the lease of a separate parcel to its immediate north.

The sale was from Peter Daniell to William Saint. On 29 March 1832, Saint mortgaged both the freehold and leasehold parcels with Thomas Dampier. William Saint is recorded in the Yeovil Poll Books of both 1832 and 1834 by virtue of owning a freehold house in Brunswick Street.

 

Related indentures -

• Indenture for mortgage of the property dated 29 December 1831 - click here

• Indenture dated 19 June 1919 for sale of Brunswick Villa - click here

 

 

 

This indenture made the fourth day of March one thousand eight hundred and twenty-five between Peter Daniell of Yeovil in this County of Somerset Esquire of the first part William Ball of the same place Gentleman of the second part William Saint also of the same place Yeoman of the third part and George Pashen likewise of the same place he Yeoman of the fourth part Whereas by Indentures of Lease and Release dated the twenty-fourth and twenty-fifth days of March one thousand eight hundred and twenty-three the latter between John Ryall Mayo of the first part George Mayo the younger and the said John Ryall Mayo of the second part the said Peter Daniell of the third part and the said William Ball of the fourth part of the Freehold plot piece or parcel of Land hereinafter described was conveyed and now stands limited to the use of such person and persons for such Estates Interests Trusts ends and purposes as the said Peter Daniell at any time or times by any deed or instruments in writing to be by him signed sealed and delivered in the presence of and attested by two or more credible witnesses should direct limit or appoint Remainder to the use of the said William Ball his Executors and Administrators for the life of the said Peter Daniell in trust for him and his Assigns With Remainder to the use of the said Peter Daniell his Heirs and assigns for ever And whereas by a certain Assignment contained in the said Indenture of Release the said Peter Daniell is possessed of and entitled unto the Leasehold plot piece or parcel of land hereinafter described for the residue of a certain term of One thousand years therein mentioned And whereas the said Williams Saint hath contracted with the said Peter Daniell for the absolute purchase of the said plots pieces or parcels of land at the price of Thirty eight pounds Now this Indenture witnesseth that in consideration of the sum of Thirty eight pounds of lawful money current in Great Britain to the said Peter Daniell paid by the said Williams Saint at or immediately before the execution hereof (the receipt whereof is hereby acknowledged) he the said Peter Daniell in pursuance and execution of the power or authority to him given or reserved and in him vested by the said in part recited Indenture of Release doth by this present deed or instruments in writing by him signed sealed and delivered in the presence of and attested by by the two credible Witnesses whose names are or intended to be hereupon endorsed absolutely and irrevocably direct limit and appoint that All that plot piece or parcel of Freehold Land and Hereditaments hereinafter particularly described and intended to be granted and released shall henceforth go remain continue and be and that all and every assurances and assurance of the same [three words illegible] to the uses upon the Trusts and for the ends intents and purposes hereinafter expressed and declared concerning the same And this Indenture further Witnesseth that for the Considerations aforesaid and in consideration of ten shillings to the said William Ball in hand paid by the said William Saint (the receipt whereof is hereby also acknowledged) he the said William Ball at the request and by the direction and appointment of the said Peter Daniel and on the nomination of the said William Saint testified by their execution hereof doth bargain sell alien and release And the said Peter Daniell doth grant bargain sell alien release and confirm unto the said Williams Saint (in his actual possession) now being by virtue of a Bargain and Sale to him thereof made by the said Peter Daniell and William Ball in consideration of five shillings a piece by indenture bearing date the day next before the date hereof for the term of one whole year commencing from the day next before the date of the same Indenture of Bargain and Sale And by force of the statute made for transferring uses into possession and to his Heirs and Assigns All that plot piece or parcel of land situate lying and being in Hendford within the parish of Yeovil aforesaid containing in length from North to South fifty two feet or thereabouts and in width from East to West twenty nine feet or thereabouts bounded on the East by land of the said Peter Daniell on the West by land of John Biss on the North by the said Leasehold plot of land hereinafter assigned and on the South by a New Road of the said Peter Daniell and is part and parcel of a certain Orchard formerly called Court Close heretofore in the possession of Thomas Sherry afterwards of Samuel Sherry after that of Elizabeth Sherry niece of Roger Pople afterwards Charles Parsons and late of Robert Dean together with a Right of Way in through and over the said Road unto the said plot piece or parcel of Land hereby conveyed to and for the said Williams Saint his heirs and assigns and he is and their Servants Workmen and others with horses carts and carriages or without at all times at his or there will and pleasure Together also with all Ways Paths Passages Waters Watercourses Easements Profits Commodities Advantages Emoluments and Appurtenances whatsoever to the said Freehold plot piece or parcel of Land hereby appointed and released belonging or appertaining And the Reversion and Reversions Remainder and Remainders Rents Issues and Profits thereof and all the Estate Rights Titles Interest use trust Inheritance Property Possession Claim and Demand whatsoever both at Law and in Equity or otherwise heresoever of them the said Peter Daniell and William Ball or either of them of in or to the same To have and to hold the said Freehold plot piece or parcel of Land Hereditaments and all and singular other the premises hereinbefore appointed and released with their Appurtenances unto the said Williams Saint his Heirs and Assigns the To such uses as the said Williams Saint by Deed executed by him in the presence of two or by Will executed by him in the presence of three Witnesses shall appoint and in default of appointment to the use of the said Williams Saint for his life And from and after the determination of that state to the use of the said George Pashen his Executors and Administrators during the life of the said Williams Saint in trust for him and his assigns and to prevent any wife of the said Williams Saint from becoming [word illegible] in to or out of the said plot of Land hereby appointed and released And from and after the decease of the said Williams Saint to the use of the Heirs and Assigns of the said Williams Saint for ever And this Indenture further witnesseth that for the Considerations of aforesaid and also in Consideration of the further sum of ten shillings of like lawful money to the said Peter Daniell in hand at the same time paid by the said William Saint (the receipt whereof is hereby acknowledged) he the said Peter Daniell doth grant bargain sell assign transfer and sets over unto the said Williams Saint his Executors Administrators and Assigns all that leasehold plot piece or parcel of land situate being and being in Hendford aforesaid containing in length from North to South forty feet or thereabouts and in width from East to West twenty nine feet or thereabouts bounded on the East by land of the said Peter Daniell on the West by land of Benjamin Rowsell on the North by the Footpath from Addlewell and on the South by the said Freehold plot of land hereinbefore conveyed together with all ways paths passages Waters watercourses easements profits rights privileges advantages and appurtenances whatsoever to the said Leasehold plot piece or parcel of Land belonging or appertaining And all the Estate Rights Title Interest Term and Number of Years now to come and unexpired property claim and demand whatsoever of him the said Peter Daniell of in to or out of the same To have and to hold the said Leasehold plot piece or parcel of Land and all and singular other the premises last hereinbefore described and hereby assigned with their appurtenances unto the said Williams Saint his Executors Administrators and Assigns from henceforth for and during all the residue and remainder now to come and unexpired of the said Term of One Thousand years and all other terms and terms therein fully to be complete and ended And the said Peter Daniell doth hearing for himself his Heirs Executors and Administrators covenant and agree with the said William Saint his Heirs Appointees Executors Administrators and Assigns that he the said Peter Daniell now hath in himself good right to appoint and that they the said Peter Daniell and William Ball now have in themselves or one of them have in himself like right or grant and [word illegible} the said Freehold plot of Land hereinbefore conveyed in manner aforesaid and that the said Peter Daniell hath like good right to assign the said leasehold plot of land hereinbefore assigned for the residue of the said term of one thousand years in manner aforesaid And that the same Freehold plot of land shall remain to continue and be to the uses hereinbefore expressed and shall be enjoyed and the rents and profits taken accordingly and also that it shall be lawful for the said Williams Saint immediately to enter into possess and enjoy and receive and take the rents and profits of the said Leasehold plot of Land and premises during the residue of the said Term without any interruption claim or demand whatsoever free from all Incumbrances and also that he the said Peter Daniell his Heirs Executors and Administrators and all persons claiming or to claim by from under or in trust for him all of them shall and will at all times hereafter at the request and expense of the said Williams Saint his Heirs Appointees Executors Administrators or Assigns make do and execute all such further acts deeds conveyances assignments and assurances whatsoever for the better more perfectly and absolutely appointing releasing and assuring the said Freehold plot of land and hereditaments to the uses aforesaid and for the better assigning the said Leasehold plot of land and premises and to the said Williams Saint his Executors Administrators and Assigns for the residue of the said term as by the said William Saint his Heirs Appointees Executors Administrators or Assigns or his or their Counsel shall be advised required This indenture made the fourth day of March one thousand eight hundred and twenty-five between Peter Daniell of Yeovil in this County of Somerset Esquire of the first part William Ball of the same place Gentleman of the second part William Saint also of the same place Yeoman of the third part and George Pashen likewise of the same place he Yeoman of the fourth part Whereas by Indentures of Lease and Release dated the twenty-fourth and twenty-fifth days of March one thousand eight hundred and twenty-three the latter between John Ryall Mayo of the first part George Mayo the younger and the said John Ryall Mayo of the second part the said Peter Daniell of the third part and the said William Ball of the fourth part of the Freehold plot piece or parcel of Land hereinafter described was conveyed and now stands limited to the use of such person and persons for such Estates Interests Trusts ends and purposes as the said Peter Daniell at any time or times by any deed or instruments in writing to be by him signed sealed and delivered in the presence of and attested by Sue or more credible witnesses should direct limit or appoint Remainder to the use of the said William Ball his Executors and Administrators for the life of the said Peter Daniell in trust for him and his Assigns With Remainder to the use of the said Peter Daniell his Heirs and assigns for ever And whereas by a certain Assignment contained in the said Indenture of Release the said Peter Daniell is possessed of and entitled unto the Leasehold plot piece or parcel of land hereinafter described for the residue of a certain term of One thousand years therein mentioned And whereas the said Williams Saint hath contracted with the said Peter Daniell for the absolute purchase of the said plots pieces or parcels of land at the price of Thirty eight pounds Now this Indenture witnesseth that in consideration of the sum of Thirty eight pounds of lawful money current in Great Britain to the said Peter Daniell paid by the said Williams Saint at or immediately before the execution hereof (the receipt whereof is hereby acknowledged) he the said Peter Daniell in pursuance and execution of the power or authority to him given or reserved and in him vested by the said in part recited Indenture of Release doth by this present deed or instruments in writing by him signed sealed and delivered in the presence of and attested by by the two credible Witnesses whose names are or intended to be hereupon endorsed absolutely and irrevocably direct limit and appoint that All that plot piece or parcel of Freehold Land and Hereditaments hereinafter particularly described and intended to be granted and released shall henceforth go remain continue and be and that all and every assurances and assurance of the same [three words illegible] to the uses upon the Trusts and for the ends intents and purposes hereinafter expressed and declared concerning the same And this Indenture further Witnesseth that for the Considerations aforesaid and in consideration of ten shillings to the said William Ball in hand paid by the said William Saint (the receipt whereof is hereby also acknowledged) he the said William Ball at the request and by the direction and appointment of the said Peter Daniel and on the nomination of the said William Saint testified by their execution hereof doth bargain sell alien and release And the said Peter Daniell doth grant bargain sell alien release and confirm unto the said Williams Saint (in his actual possession) now being by virtue of a Bargain and Sale to him thereof made by the said Peter Daniell and William Ball in consideration of five shillings a piece by indenture bearing date the day next before the date hereof for the term of one whole year commencing from the day next before the date of the same Indenture of Bargain and Sale And by force of the statute made for transferring uses into possession and to his Heirs and Assigns All that plot piece or parcel of land situate lying and being in Hendford within the parish of Yeovil aforesaid containing in length from North to South fifty two feet or thereabouts and in width from East to West twenty nine feet or thereabouts bounded on the East by land of the said Peter Daniell on the West by land of John Biss on the North by the said Leasehold plot of land hereinafter assigned and on the South by a New Road of the said Peter Daniell and is part and parcel of a certain Orchard formerly called Court Close heretofore in the possession of Thomas Sherry afterwards of Samuel Sherry after that of Elizabeth Sherry niece of Roger Pople of the woods Charles Parsons and late of Robert Dean together with a Right of Way in through and over the said Road unto the said plot piece or parcel of Land hereby conveyed to and for the said Williams Saint his heirs and assigns and he is and their Servants Workmen and others with horses carts and carriages or without at all times at his or there will and pleasure Together also with all Ways Paths Passages Waters Watercourses Easements Profits Commodities Advantages Emoluments and Appertenances whatsoever to the said Freehold plot piece or parcel of Land hereby appointed and released belonging or appertaining And the Reversion and Reversions Remainder and Remainders Rents Issues and Profits thereof and all the Estate Rights Titles Interest use trust Inheritance Property Possession Claim and Demand whatsoever both at Law and in Equity or otherwise heresoever of them the said Peter Daniell and William Ball or either of them of in or to the same To have and to hold the said Freehold plot piece or parcel of Land Hereditaments and all and singular other the premises hereinbefore appointed and released with their Appurtenances unto the said Williams Saint his Heirs and Assigns the To such uses as the said Williams Saint by Deed executed by him in the presence of two or by Will executed by him in the presence of three Witnesses shall appoint and in default of appointment to the use of the said Williams Saint for his life And from and after the determination of that state to the use of the said George Pashen his Executors and Administrators during the life of the said Williams Saint in trust for him and his assigns and to prevent any wife of the said Williams Saint from becoming [word illegible] in to or out of the said plot of Land hereby appointed and released And from and after the decease of the said Williams Saint to the use of the Heirs and Assigns of the said Williams Saint for ever And this Indenture further witnesseth that for the Considerations of aforesaid and also in Consideration of the further sum of ten shillings of like lawful money to the said Peter Daniell in hand at the same time paid by the said William Saint (the receipt whereof is hereby acknowledged) he the said Peter Daniell doth grant bargain sell assign transfer and sets over unto the said Williams Saint his Executors Administrators and Assigns all that leasehold plot piece or parcel of land situate being and being in Hendford aforesaid containing in length from North to South forty feet or thereabouts and in width from East to West twenty nine feet or thereabouts bounded on the East by land of the said Peter Daniell on the West by land of Benjamin Rowswell on the North by the Footpath from Addlewell and on the South by the said Freehold plot of land hereinbefore conveyed together with all ways paths passages Waters watercourses easements profits rights privileges advantages and appurtenances whatsoever to the said Leasehold plot piece or parcel of Land belonging or appertaining And all the Estate Rights Title Interest Term and Number of Years now to come and unexpired property claim and demand whatsoever of him the said Peter Daniell of in to or out of the same To have and to hold the said Leasehold plot piece or parcel of Land and all and singular other the premises last hereinbefore described and hereby assigned with their appurtenances unto the said Williams Saint his Executors Administrators and Assigns from henceforth for and during all the residue and remainder now to come and unexpired of the said Term of One Thousand years and all other terms and terms therein fully to be complete and ended And the said Peter Daniell doth hearing for himself his Heirs Executors and Administrators covenant and agree with the said William Saint his Heirs Appointees Executors Administrators and Assigns that he the said Peter Daniell now hath in himself good right to appoint and that they the said Peter Daniell and William Ball now have in themselves or one of them have in himself like right or grant and [word illegible} the said Freehold plot of Land hereinbefore conveyed in manner aforesaid and that the said Peter Daniell hath like good right to assign the said leasehold plot of land hereinbefore assigned for the residue of the said term of one thousand years in manner aforesaid And that the same Freehold plot of land shall remain to continue and be to the uses hereinbefore expressed and shall be enjoyed and the rents and profits taken accordingly and also that it shall be lawful for the said Williams Saint immediately to enter into possess and enjoy and receive and take the rents and profits of the said Leasehold plot of Land and premises during the residue of the said Term without any interruption claim or demand whatsoever free from all Incumbrances and also that he the said Peter Daniell his Heirs Executors and Administrators and all persons claiming or to claim by from under or in trust for him all of them shall and will at all times hereafter at the request and expense of the said Williams Saint his Heirs Appointees Executors Administrators or Assigns make do and execute all such further acts deeds conveyances assignments and assurances whatsoever for the better more perfectly and absolutely appointing releasing and assuring the said Freehold plot of land and hereditaments to the uses aforesaid and for the better assigning the said Leasehold plot of land and premises and to the said Williams Saint his Executors Administrators and Assigns for the residue of the said term as by the said William Saint his Heirs Appointees Executors Administrators or Assigns or his or their Counsel shall be advised required And lastly that he the said Peter Daniell his Heirs Executors Administrators or Assigns shall and will at all times hereafter (unless prevented by Fire or other inevitable accident) at the request and expense of the said Williams Saint his Heirs Executors Administrators or Assigns produce and thenceforth unto him or them when where and as often as occasion shall require a certain Indenture of Foeffment dated the twenty second day of December One Thousand seven hundred and eight between George Cary of the one part and Thomas Sherry of the other part; a certain Indenture Tripartite dated the second day of March one thousand seven hundred and thirteen between George Cary and Christian his wife of the first part John [Nurseman ?] of the second part and Samuel Sherry of the third part and Indentures of Fine levied in pursuance thereof and certain Indentures of Lease and Release of the twenty fourth and twenty fifth days of March One thousand eight hundred and six between Samuel Rodber of the one part and John Ryall of the other part and also the said hereinbefore in part recited Indentures of Lease Release and Assignment and all other Deeds and Writings relating to the said Hereditaments and Premises hereby conveyed and assigned respectively and at the like request and costs make and deliver or permit to be taken copied Abstracts or Extracts therefrom In witness whereof the said parties to these presents have hereunto subscribed and set their hands and seals the day and year first above written

Peter Daniel     Wm Ball      the mark and seal of William X Saint      George Pashen

 

Transcribed by Bob Osborn

 

 

From my collection

This is an enlargement of the sketch map that someone later drew on the bottom right corner of the above indenture, indicating the location of both the freehold and leasehold plots referred to in the indenture.

Firstly, when the indenture refers to "All that plot piece or parcel of land situate lying and being in Hendford within the parish of Yeovil " it is referring to the Manor of Hendford, not the road of the same name. Looking at the sketch map, above, as oriented on the indenture, it is easy to assume that the road at the top is Hendford, the road.

However, regarding the freehold parcel, the indenture states "bounded on the East by land of the said Peter Daniell on the West by land of John Biss on the North by the said Leasehold plot of land hereinafter assigned and on the South by a New Road of the said Peter Daniell". The "New Road" of Peter Daniell was, in fact, his newly-constructed Brunswick Street. This, combined with his land being "to the East", it becomes apparent the the sketch map on the indenture is upside-down.

 

From my collection

With the map rotated, it becomes clear that the road at the bottom is Brunswick Street (with the arrow drawn on it) and the road looping round is Chant's Path / Addlewell Lane. When compared with the section of Edward Bullock Watts' map of 1831 below, it becomes clear that the "bounded on the East by land of the said Peter Daniell" confirms the proper orientation of the sketch.

 

A part of Edward Bullock Watts' map of 1806, showing  Addlewell Lane that would later become Chant's Path, joining Hendford at left, and before Brunswick Street was built. 

 

The section of Edward Bullock Watts' map of 1831, some six years after the indenture under discussion, showing in pink the location of the freehold parcel adjacent to Brunswick Street - the "New Road of the said Peter Daniell", with the leasehold parcel to its north. It also confirms "bounded on the East by land of the said Peter Daniell".

 

 

From my collection

 

The steps at right are the last remains of this end of Chant's Path, and to the right of the streetlight would have been Peter Daniell's land. The house in this photograph, therefore, was built on the eastern part of the freehold plot referred to in the indenture.

Aldondale Gardens, opposite, is the last remains of Addlewell Lane seen on both the 1806 and 1831 maps above.

Photographed in November 2023.