Yeovil's Virtual Museum

5 December 1839 - Indenture

Appointment & Release of the George Inn, High Street

 

This indenture was made between James Curtis of Yeovil and George Way and Garrard Roche, both of Covent Garden, London.

I have no legal knowledge, but it seems to me the indenture implies that James Curtis had leased, for a thousand years, the George Inn in High Street (not to be confused with the later George Inn in Middle Street) from absent owner George Way in 1826, for the sum of £650 (around £70,000 at today's value). This indenture further states that since the £650 had not been paid by Curtis by 1839, interest of £329 had been added in the intervening years, making a total sum of £979 (around £120,000 at today's value) which was acknowledged by Curtis as being owed to Way. In lieu of the £979, Way received the former George Inn (closed around 1820) which he apparently sold straight away to Susanna Kitson, widow of Yeovil brewer Samuel Kitson. (If I have got this wrong, please email me with an explanation. My email address is on the home page at bottom right).

 

As a side-note

There were two men called James Curtis living in Yeovil at this time. The first James Curtis (1792-1866) was a draper of the Borough who eventually became Yeovil's Portreeve from 1840 to 1844.

The second James Curtis (b1779, Wincanton) was a saddle and harness maker, also of the Borough, and it is this James Curtis who was involved with the ownership of the former George Inn. This James Curtis was recorded as being of Silver Street in Pigot's Directory of 1824, but in 1827 a jury list recorded him as 'of the Borough'. His shop and workshop being, of course, in the former George Inn. From this point on, he was recorded as a saddler, harness maker and webbing supplier in the Borough until 1848, chiefly in the Churchwardens' Accounts. He retired to Wincanton and the 1851 census recorded him as a 72-year-old retired saddler living in North Street, Wincanton, with his 61-year-old wife Elizabeth and 25-year old unmarried daughter Ellen, a dress maker. Two young dress maker's apprentices also lived with them.

 

 

 

 

From the Stiby Collection (colourised), Courtesy of South Somerset Heritage Collection

Denner & Stiby's shop (the former George Inn) photographed in 1883, probably by Henry Stiby who was a keen amateur photographer and left a good record of photographs of Yeovil. Note under the right of the three first floor windows is the entrance to the less-than-savoury George Court (see next photo).

 

This colourised photograph features in my book 'Secret Yeovil'.

This photograph dates to about 1915 and looks north along George Court towards High Street with the meat market at left and (by this time) slum housing at right, but originally part of the George Inn. At the end the 'flying freehold' that had also been part of the George Inn, is built over the tiny entrance to George Court. To the right the Court widens, as seen on the above map, towards the Bell Inn or, as it was called in 1886, the Borough Hotel.

 

From my collection

A detail of the 5 December 1839 indenture concerning the George Inn.

 

 

This Indenture made the Fifth day of December in the year of our Lord one thousand eight hundred and thirty nine Between James Curtis of Yeovil in the County of Somerset Saddler of the first part George Way of Covent Garden Market in the City of Westminster Victualler of the second part and Garrard Roche of Charles Street in the Parish of Saint Paul Covent Garden in the County of Middlesex Gentleman of the third part Whereas by Indenture of Lease and Appointment and Release bearing date respectively the seventeenth and eighteenth days of March one thousand eight hundred and twenty six the Appointment and Release being made or expressed to be made between Thomas Lockyer Currier and Martha his wife of the first part the Reverend Thomas Tomkins Clerk of the second part John Ralls Gentleman of the third part the said James Curtis of the fourth part and Peter Edwards Mercer of the fifth part The messuage or tenement and other hereditaments hereinafter appointed and released or expressed and intended so to be with their appurtenances were Conveyed limited and assured To such uses upon such trusts for such ends intents and purposes and under and is subject to such limitations powers provisos declarations and agreements as the said James Curtis at any time or times and from time to time by any deed or deeds instruments or instrument in writing with or without power of revocation and new Appointment should direct limit and appoint And in default of and until any such direction limitation or appointments and so far as the same should not extend and in the mean time and from time to time subject of thereto To the use of the said James Curtis and his Assigns for his life without impeachment of waste with a limitation to the use of the said Peter Edwards his executors and administrators during the life of the said James Curtis In Trust for him and his assigns and to prevent any Wife of the said James Curtis from being entitled to dower into or out of the said hereditaments and premises And from and after the determination of the Estate so limited to the said Peter Edwards to the only proper use and behoof of the said James Curtis his heirs and assigns for ever And whereas by an Indenture of Appointment Grant and [word illegible] bearing date the twentieth day of March one thousand eight hundred and twenty six and made or expressed to be made between the said James Curtis of the one part and the said George Way of the other part The said James Curtis by virtue and in pursuance and in exercise and execution of the power and authority to him given and limited by the said hereinbefore in part recited Indenture of Appointment and Release of the eighteenth day of March one thousand eight hundred and twenty six did direct limit and appoint And by way of further Assurance did grant bargain sell and demise to the said George Way his executors administrators and assigns the said messuage or tenement and other hereditaments Comprised and appointed and Conveyed by the said hereinbefore in part recited Indenture of Appointment and Release of the eighteenth day of March one thousand eight hundred and twenty six To hold the same to the said George Way his executors administrators and assigns for the Term of one thousand years at the rent of a Pepper Corn Subject nevertheless to lay Proviso or Condition in the said indenture now in recital contained for making void the said Term of one thousand years on payment by the said James Curtis his heirs executors administrators or assigns to the said George Way his executors administrators and assigns of the sum of six hundred and fifty pounds of lawful Money of Great Britain with Interest for the same after the rate of four pounds for every one hundred pounds by the year on or acts the day or time therein mentioned and appointed for payment thereof And whereas the said principal sum of Six hundred and fifty pounds was not paid at the day or time limited and appointed for that purpose in the said hereinbefore in part recited in Indenture of Mortgage but the same still remains due and owing upon or by virtue of the said recited Security together with the further sum of Three hundred and twenty-nine pounds for interest thereon making together the sum of nine hundred and seventy-nine pounds as the said James Curtis doth hereby admit and acknowledge And whereas the said James Curtis not being able to pay off and discharge the said sum of Nine hundred and seventy-nine pounds and being satisfied that the same exceeds the value of the said Hereditaments and premises so charged therewith as aforesaid hath in Consideration thereof proposed and agreed to appoint and Convey to him the said George way the freehold reversion and inheritance of and in the same hereditaments and premises freed and absolutely discharged of and from all right power and equity of redemption to which he the said James Curtis is or shall on may be entitled therein And whereas it hath been agreed between the said James Curtis and the said George Way that the said sum of nine hundred and seventy-nine pounds shall be taken and considered to be the price or Consideration money for the said hereditaments and premises and the said George Way hath requested that the same hereditaments and premises are may be appointed and Conveyed to him to the uses and in manner hereinafter mentioned Now therefore this Indenture Witnesseth That in pursuance and performance of the said Agreement on the part of the said James Curtis And for and in Consideration of the said sum of nine hundred and seventy-nine pounds being so due and owing from him to the said George Way upon all by virtue of the said hereinbefore or part recited Indenture of Mortgage of the twentieth day of March one thousand eight hundred and twenty six as hereinbefore is mentioned and recited and pursuant to and by force and virtue and in further exercise and execution of the Power or Authority to him the said James Curtis for this purpose given or limited by the hereinbefore in part recited Indenture of Appointment and Release of the eighteenth day of March one thousand eight hundred and twenty six and of every or any other power or authority in any wise enabling him in this be half He the said James Curtis by this present deed in writing doth direct limit and appoint that the messuage or tenements and other Hereditaments hereinafter particularly mentioned and described and intended to be hereby granted and released with the Appurtenances shall henceforth go remain and be To the uses upon and for the trusts intents and purposes and with under and subject to the powers provisos agreements and declarations hereinafter expressed and declared all referred to of and containing the same And this Indenture also Witnesseth that in pursuance and further performance of the said Agreement on the part of the said James Curtis And in Consideration of the said sum of nine hundred and seventy nine pounds being a so due and owing as aforesaid He the said James Curtis Hath granted bargained and sold aliend released and Confirmed And by these Presents Doth grant bargain sell alien release and Confirm unto the said George Way in the actual possession now being by virtue of a Bargain and Sale to him thereof made by the said James Curtis in Consideration of Five shillings by indenture bearing date the day next before the day of the date of these presents for the Term of one whole year Commencing from the day next before the day of the date of the same Indenture of Bargain and Sale and by force of the Statute made for transferring uses into possession) and his heirs All that Messuage Tenement and Dwelling house situate and standing in George Court consisting of Two rooms on the Ground Floor two Chambers on the First Floor one of which is over the Hall and the other over the Brewhouse and on the Attic Story or Second Floor two Chambers and also the Shop next to the Street and the Cellar under the Shop All which said Premises are situate lying and being within the Borough of Yeovil aforesaid and were formerly parts or parcels or reputed parts or parcels of a Burgage or Tenement called or known by the name of the George Inn

 

Second sheet

 

And were formerly in the possession of John Phelps afterwards of Thomas Phelps then of Elizabeth Phelps Widow John Tinney and Elizabeth his wife Mary Phelps and Ann Phelps since of Nathaniel Butler Batten afterwards of Benjamin Beaton the elder since of Benjamin Beaton the younger then of the said Martha the wife of the said Thomas Lockyer (formerly Martha Beaton) late of the said Thomas Lockyer and Martha his wife and now of the said James Curtis Together with all outhouses edifices buildings Wasted Paths Passages Waters Watercourses Yards Gardens Commons and Common of Pasture Lights Easements Drains Sewers Watercourses Areas Profits Commodities Privileges Advantages and Appurtenances whatsoever to the said messuage or Tenement Dwelling house and other hereditaments hereinbefore appointed granted and released or expressed and intended so to be belonging or in any wise appertaining And the reversion and reversions remainder and remainders yearly and other rents issues and profits of the said hereditaments and premises and of every part thereof And all the estate rights title interest term and terms of years use trust possession rights and equity of redemption properly possibility Claim and demand whatsoever both at Law and in Equity of him the said James Curtis of in to or out of the same hereditaments and Premises and every part thereof To hold the said messuage or tenements and other hereditaments hereinbefore granted and released or expressed and intended so to be with their Appurtenances (freed and absolutely discharged of and from all rights and Equity of Redemption to which the said James Curtis is or shall or may be entitled in the same under or by virtue of the said hereinbefore in part recited Indenture of Mortgage of the twentieth day of March one thousand eight hundred and twenty six) unto the said George Way and his heirs To the uses upon and for the Trusts intents and purposes and under and subject to the powers provisos agreements and declarations hereinbefore expressed and declared all referred to of or Concerning the same And it is hereby agreed and declared between and by the parties to these presents that the direction limitation and appointment grant release and confirmation hereinbefore contained and hereby made as aforesaid shall operates and cause To such uses upon such Trusts and to and for such intents and purposes and with under and subject to such powers provisos agreements and declarations as the said George Way by any deed or deeds with or without power of Revocation to be by him sealed and delivered in the presence of and to be attested by two or more Credible Witnesses shall from time to time direct limit or appoint And for default of and until such direction limitation or appointment and so far as every or any such direction limitation or appointment if incomplete or otherwise shall not extend To the use of the said George Way (party hereto) and his Assigns during his Life without impeachment of waste And after the determination of that estate by forfeiture or otherwise in his lifetime To the use of the said Garrard Roche and his heirs during the life of the said George Way In Trust for him the said George Way and his assigns during his Life and to prevent any Wife of the said George way from being entitled to dower out of or in the Premises or any part thereof And immediately after the determination of the estate hereinbefore limited to the said Garrard Roche and his heirs during the life of the said George Way To the use of the said George Way his heirs and assigns for ever And the said James Curtis for himself his heirs executors and administrators doth Covenant promise and agree with and to the said George Way his heirs appointees and assigns by these presents in manner following (that is to say) That for and notwithstanding any Act deed matter or thing by him the said James Curtis made done Committed executed or knowingly or willingly suffered to the contrary He the said James Curtis now hath in himself good right full power and lawful and absolute authority to direct limit and appoint Grant release and Confirm the said messuage or tenement and other hereditaments hereinbefore appointed and released or expressed and intended so to be with the appurtenances thereunto belonging unto the said George Way and his heirs To the uses hereinbefore limited expressed and declared in manner aforesaid and according to the true intent and meaning of these presents And in that the said messuage or tenements and hereditaments hereinbefore appointed and released or expressed and intended so to be with their appurtenances shallow on may from time to time and at all times hereafter go and remain to the uses hereinbefore limited expressed and declared [word illegible] and quietly entered into and upon and be held occupied possessed and enjoyed and the rents issues and profits thereof and of every part thereof had received and taken accordingly without the lawful let suit trouble denial eviction Claim or occurrence whatsoever of from or by the said James Curtis or his heirs or of or buy any other person or persons lawfully or [word illegible] Claiming or to Claim by from or under or in trust for him their or any of them And that free and clear and freely and clearly and absolutely acquitted executed released and for ever discharged or otherwise by the said James Curtis his heirs executors or administrators well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other gifts grants bargains sales jointures powers right and title of power equity of redemption uses and trusts entails Wills statutes [word illegible] or of the staple recognizance judgements executions rents arrears of rent and annuities legacies sums of money yearly payments forfeitures [word illegible] Cause and Causes of Forfeiture and security debts of record debts due to the Queens Majesty and of from and against All estates titles troubles charges debts and incumbrances whatsoever either already or hereafter to be had made executed occasioned or suffered by the said James Curtis or his heirs or buy any person or persons lawfully or equitably Claiming or to Claim by from under or In trust for him or them or any of them And further that he the said James Curtis and his heirs and all and every person and persons having or claiming or who shall or may have a claim any estate right title interest inheritance use trust property in claim and demand whatsoever either at law or in equity of in to or out of the said messuage or tenements and other Hereditaments hereinbefore granted and released all expressed and intended so to be or any of them or any part thereof by from or under or in trust for him the said James Curtis or his heirs shall and will from time to time and at all times hereafter upon every reasonable request to be made for that purpose by and with and at the proper Costs and Charges in the Law of the said George Way his heirs appointees or assigns do acknowledge levied suffer and execute all cause and procure to be made done acknowledged levied suffered and executed All and every such further and other lawful and reasonable Acts deeds things devices Conveyances and Assurances in the Law whatsoever for the further better more properly and absolutely appointing conveying and seal ring of the said messuage or tenements and other hereditaments hereinbefore appointed and released or expressed and intended so to be and every part thereof with their appurtenances to the uses hereinbefore limited expressed and declared as by the said George Way his heirs Appointees or Assigns or his or their Counsel in the Law shall be reasonably advised or devised and required In witness whereof the said Parties to These Presents have hereunto set their hands and seals the day and year first above written

Signatures and Seals of James Curtis George Way and Garrard Roche

 

Transcribed by Bob Osborn