Yeovil's Virtual Museum

20 June 1832 - Indenture

Land at Addlewell

 

It is very difficult to ascertain exactly which parcels of land are under discussion here, since land ownership records of this period are very scarce. Below are extracts of two maps, by Edward Bullock Watts, the official Town Surveyor of Yeovil, dated 1806 and 1831. Both have parcels of land I have coloured to indicate ownership based on names written on the maps who are also parties named in the indenture.

The fact that many parcels are not annotated with names of the owners, does not preclude their ownership by parties named in the indenture. Those land owners being merchant banker John Daniell the Younger (1758-1819), draper and town developer Peter Daniell (1764-1834) and Lord of the the Manor of Kingston George Bragg Prowse (1767-1839, alias George Bragg Prinn).

 

At this time, both Park Street/Belmont and today's Pen Hill (the road) did not exist. What appears to be a field access track separating the lands of Peter Daniell he was to develop into "The New Road" as annotated on the 1831 map below and is today's road called Penn Hill. The narrow track running from the top right, down and then across to the bottom left is the original Addlewell Lane but called Frogg Street on the map.

From 1825 to around 1830, Peter Daniell built Park Street / Belmont as shown on the 1831 map below. This new road ran along the eastern (right) edge of his parcel of land shown above on the right before cutting across on what is shown above as the land of his cousin John Daniell.

The indenture only has one mention of George Bragg Prowse - "... Also All that half Acre of Arable Land in the same field And also all that parcel of Land containing about one Acre upon Addlewell Penn within the parish of Yeovil aforesaid therein particularly described and mentioned to have been thrown into one Close and bounded on the North by an Orchard of John Symonds and on the South by land of George Bragg Prowse Esquire...". John Symonds' orchard is unknown, but Prowse's only known land holdings in the area are shown pink on the above map.

 

On the map above, the road marked "The New Road" is today's Penn Hill (the road) while the indenture's "... bounded... on the South by a new road lately laid out by the same Peter Daniell leading from Hendford to Back Street... " refers to Belmont - as annotated on the above map. That track at the left side, leading up from Belmont before turning left towards Hendford was later known as Chant's Path.

Since we have seen from the first map above, that the parcel of land was bounded "on the South by land of George Bragg Prowse Esquire...", it must refer to the lower parcel of land belonging to Peter Daniell in this 1831 map. Today, this parcel of land contains the road and houses of the southern part of Penn Hill Park.

 

For the following Indenture of 6 December 1832 - click here.
For the following Indenture of 22 February 1833 - click here.

 

 

This Indenture made the twentieth day of June One Thousand eight hundred and thirty-two Between Peter Daniell of Yeovil in the County of Somerset Esquire of the first part and Thomas Warr of Blandford Forum in the County of Dorset Builder of the Second part and John Ball of Yeovil aforesaid Gentleman of the third part Whereas by Indentures of Lease and Release bearing date respectively the twenty fourth and twenty fifth days of March One thousand eight hundred and twenty three the Release made between John Hutchings Esquire (the Surviving Trustee for Sale under the Will of John Daniell Esquire) of the first part Elizabeth Clarke Daniell Spinster (only child and Heiress at Law of the said John Daniell) of the Second part the said Peter Daniell of the third part and John Batten Gentleman of the fourth part All those three yards of arable land in Higher Penn field upon Addlewell in the parish of Yeovil aforesaid Also All that half Acre of Arable Land in the same field And also all that parcel of Land containing about one Acre upon Addlewell Penn within the parish of Yeovil aforesaid therein particularly described and mentioned to have been thrown into one Close and bounded on the North by an Orchard of John Symonds and on the South by land of George Bragg Prowse Esquire (of which said Close the several Plots of Ground intended to be hereby appointed were part and parcel) were Conveyed and assure and To such Uses Upon and for such Trusts intents and purposes and with under and subject to such powers provisos agreements and declarations as the said Peter Daniell by any Deed or Deeds Instruments or Instruments in Writing with or without Power of Revocation and new appointment to be by him duly sealed and delivered shows have from time to time direct limit or appoint [space of 3 inches] with remainder To the Use of the said Peter Daniell and his Assigns during his life with remainder To the Use of the said John Batten his Executors Administrators and Assigns during the life of the said Peter Daniell In Trust for him and his assigns with remainder To the Use of the Heirs and Assigns of the said Peter Daniell for ever And whereas the said Thomas Warr hath contracted with the said Peter Daniell for the absolute purchase of the fee Simple and Inheritance of the said two several Plots of Ground hereinafter described for the sum of one hundred and forty-seven Pounds [just over £17,000 at today's value] Now this Indenture Witnesseth that in pursuance of the said Agreement And in consideration of the Sum of One hundred and forty-seven Pounds of lawful Money current in England to the said Peter Daniell in hand at all before the execution of these presents paid by the said Thomas Warr the receipt whereof and that the same is in full for the absolute purchase of the fee Simple and Inheritance of [words illegible] said several Plots of Ground hereinafter described the said Peter Daniell doth hereby acknowledge and thereof doth quit and discharge the said Thomas Warr his Heirs Executors Administrators and Assigns And every of them for ever by these presents And also in consideration of five Shillings to the said Peter Daniell at the same time paid by the said John Ball the receipt whereof is hereby acknowledged He the said Peter Daniell by virtue and in [word illegible] and execution of the power and authority given limited or reserved to him in and buy the said [word Illegible] Indenture of Release and of all and every other power and powers Authority and Authorities him in any wise enabling in this be half then at the request and on the [word illegible] of the said Thomas Warr (testified by his executing these presents) Hath directed limited and appointed And by this present Deed or Instrument in writing by him duly sealed and delivered Doth absolutely and irrevocably direct limit and appoint That All that plot piece or parcel of Ground situate lying and being upon Addlewell within the parish of Yeovil aforesaid (being part of the said three parcels of Land so thrown into one Close or of some or one of them and conveyed to the said Peter Daniell as aforesaid and all which the said Thomas Warr hath lately erected four Messuages or Dwelling Houses) containing in length from East to West towards the South sixty eight feet and towards the North sixty eight feet and in breadth from North to South towards the East Seventy two feet and towards the West Sixty nine feet (be the same respectively a little more less) bounded on the East or North East by premises lately belonging to William Nossiter on the West by premises belonging to [short space, but presumably missing 'John' - he being "Husband and Administrator of the said Mary Godsall" as described in the schedule below] King on the North and North West by Lands of the said Peter Daniell and on the South by a new road lately laid out by the same Peter Daniell leading from Hendford to Back Street And also all that other plot or parcel of Ground lying opposite and in front of the said Plot of Ground hereinbefore described containing in length from East to West Sixty eight Feet And in breadth from North to South towards the East forty four feet and towards the West forty one feet bounded on the North by the said New Road on the South by Premises belonging to George Bragge Prinn Esquire and on the West and East by Lands of the said Peter Daniell Together with all Houses Outhouses Edifices Buildings ways Paths Passages Wells waters watercourses Easements Profits Commodities Advantages Hereditaments and Appurtenances whatsoever to the said several Plots of Ground hereby appointed belonging or in any wise appertaining And the reversion and reversions remainder and remainders rents issues and profits thereof And all the Estate Right Title Interest Use Trust Property Possession Claim and demand whatsoever of him the said Peter Daniell therein and thereto Shall from henceforth go remain continue and be And that the said hereinbefore in part recited Indenture of Release and all other Conveyances and Assurances thereof [word Illegible] be and [word Illegible] as to the said several Plots of Ground hereby appointed To the Use of the said John Ball his Heirs and Assigns for ever In Trust nevertheless for the said Thomas Warr his Heirs and Assigns and to be conveyed and to be disposed of as he or they shall direct or appoint And the said Peter Daniell doth hereby for himself his Heirs Executors and Administrators covenant promise and agree with and to the said Thomas Warr his Heirs and Assigns That for and notwithstanding any act deed matter or thing not whatsoever made done committed permitted or suffered by him the said Peter Daniell to the contrary he the said Peter Daniell now hath on himself alone the good right full power and law for and absolute authority to direct limit and appoint the several Plots of Ground and Premises hereby appointed To the Use and Upon the Trust hereinbefore declared concerning the same And further that the said several Plots of Ground shall from time to time and at all times hereafter remain continue and be To the Use and upon the trust hereinbefore declared and be peaceably and quietly held and enjoyed and the rents issues and Profits thereof had received and taken accordingly And that free from all encumbrances whatsoever at any time or times heretofore or to be at any time hereafter had made done occasioned permitted or suffered by the said Peter Daniell or his Heirs or any other person or persons Claiming or to claim by from through under or in trust for him or them And moreover that he the said Peter Daniell and his Heirs and all and every other person and persons having or lawfully or in quit Sibley claiming any Estate right title or Interest of in to or out of the said several Plots of Ground and Premises or any part thereof by from through under or in Trust for him all of them shall and will and from time to time and at all times hereafter at the request Costs and Charges of the said Thomas Warr his Heirs or Assigns make do acknowledge levied suffer and execute all and every such further and other lawful and reasonable acts deeds Conveyances and Assurances in the Law whatsoever for the more perfectly and satisfactorily appointing granting releasing or otherwise Assuring the said Several Plots of Ground and Premises To the Use and upon such Trusts hereinbefore declared concerning the same or otherwise in such manner and form as he the said Thomas Warr his Heirs or Assigns or his or their Counsel in the Law shall reasonably advise and require And lastly that he the said Peter Daniell his Heirs and Assigns shall and will from time to time and at all times hereafter (unless prevented by fire or other inevitable accident) upon every reasonable request and at the Costs and Charges of the said Thomas Warr his Heirs or Assigns Produce [word illegible] forth unto the said Thomas Warr his Heirs or Assigns as occasion shall be or require the several Deeds Evidences and writings or any or either of the for the better evidencing maintaining and proving his and their Title to the said several Plots of Ground and Premises hereby appended In witness whereof the said parties to these presents have hereunto set their hands and Seals the day and year first above written

 

The Schedule hereinbefore referred to

1744 Feby 20th	Indenture of Mortgage between Thomas Godsall of the one part and Mary Godsall of the other part being a demise of the said three yards of Arable Land with (other Hereditaments) for One thousand Years
1756 Sept 7th & 9th	Indentures of Lease and Release and Assignment the Release and Agreement between John Godsall (Eldest Son and Heir of the said Thomas Godsall) of the first part John King (Husband and Administrator of the said Mary Godsall) of the Second part John Symonds of the third part and John Newman the Younger of the fourth part being a Conveyance of the said three Yards of Arable Land to the said John Symonds in fee and an Assignment of the said Term of One thousand Years to attend the Inheritance
1755 Dec 2nd & 3rd	Indentures of Lease and Release the Release between Edward Phelips Esquire and John Newman the Younger of the one part and to the said John Symonds of the other part being a Conveyance of the said half Acre of Arable Land with other Hereditaments to the said John Symonds in fee
1776 July 2nd & 3rd	Indentures of Lease and Release between the said John Symonds of the one part and George Longman of the other part being a Conveyance of the said three Yards and the said half Acre of Arable Land to the said George Longman in fee
1790 March 25th	Indenture of Feoffment between Edmund Batten of the one part and the said George Longman of the other part being a Conveyance of the said One Acre of Arable Land to the said George Longman in fee
1803 Jany 4th	Indenture of Feoffment between the said George Longman of the one part and the said John Daniell of the other part being a Conveyance of the aforesaid three Parcels of Land to the said John Daniell in fee
1823 March 24th & 25th	The hereinbefore recited Indentures of Lease and Release

Transcribed by Bob Osborn

 

 

From my collection

The June 1832 Addlewell indenture.

 

From my collection

Peter Daniell's signature on the June 1832 Addlewell indenture.