Yeovil's Virtual Museum

1851 Lease of a property

In Rackleford (today's Market Street)

 

Following the death of Francis Theophilus Robins (seen at left) in 1849, this is an indenture or transfer of mortgage from my collection, dated 21 April 1851. It was made between John Batten (probably the Younger) of the first part and George Robins (son of Francis Theophilus Robins) of the second part for premises in Rackleford (today's Market Street) - see map below - what had been his father's house in which his mother, Elizabeth, still lived.

This Indenture made the twenty first day of April One thousand eight hundred and fifty one Between John Batten of Yeovil in the County of Somerset Esquire of the one part and George Robins of New Inn London Esquire of the other part Whereas by Indenture dated the third day of May One thousand eight hundred and forty three and made between Francis Theophilus Robins and Elizabeth his wife of the one part and the said John Batten of the other part In consideration of the sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence [around £228,000 at today's value] advanced and lent by the said John Batten to the said Francis Theophilus Robins the said Francis Theophilus Robins appointed and also conveyed and assured the hereditaments and premises firstly therein and hereinafter particularly described unto and to the use of the said John Batten his heirs and assigns for ever And the said Francis Theophilus Robins and Elizabeth his wife also conveyed and assured the undivided moiety or half part of and in certain messuages lands and hereditaments secondly therein described unto the said John Batten his heirs and assigns for ever Subject nevertheless to the life estate of Eleanor Upton therein And the said Francis Theophilus Robins also conveyed and assured the pieces of land hereditaments and premises thirdly therein described unto the said John Batten his heirs and assigns during the natural life of the said Francis Theophilus Robins subject nevertheless as to all the said premises firstly secondly and thirdly therein described to a Proviso for Redemption and Recompence on payment by the said Francis Theophilus Robins his heirs executors administrators or assigns unto the said John Batten his heirs executors administrators or assigns of the sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence and Interest thereon at Five pounds per centum per annum on the third day of November then next and with the usual Power of Sale on default And whereas default was made in payment of the said sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence and Interest at the time appointed by the said recited Proviso And whereas the said Eleanor Upton departed this life in the Month of May One thousand eight hundred and forty eight And whereas the said John Batten shortly after the death of the said Eleanor Upton in pursuance of the Power of Sale contained in the said recited Indenture of Mortgage contracted to sell the hereditaments and premises secondly therein described and the said hereditaments were conveyed and assured to the respective purchasers thereof accordingly And whereas after defraying the expences of such Sale the residue of the said purchase monies was applied by the said John Batten towards satisfaction of the said Mortgage Debt and the Interest thereon and after such application as aforesaid there remained due and owing to the said John Batten on account of the principal sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence the sum of Five hundred and forty eight pounds fourteen shillings and one penny and no more And whereas the said George Robins paid to the said John Batten the said sum of Five hundred and forty eight pounds fourteen shillings and one penny upon the said John Batten agreeing to execute to him a transfer of the said Mortgage Debt of Five hundred and forty eight pounds fourteen shillings and one penny and all Interest to accrue due thereon and the Security for the same Now this Indenture Witnesseth that in pursuance of the said Agreement and in consideration of the sum of Five hundred and forty eight pounds fourteen shillings and one penny of lawful money of Great Britain so paid by the said George Robins to the said John Batten as aforesaid the receipt of which the said John Batten hereby acknowledges and therefrom doth by these presents release and discharge the said George Robins his heirs executors administrators and assigns He the said John Batten Doth by these Presents grant and release unto the said George Robins and his heirs All that messuage or dwellinghouse with the outhouses buildings offices yards stables gardens and appurtenances thereto adjoining and belonging situate lying and being in Rackleford in the Parish of Yeovil aforesaid containing in front from East to West fifty one feet bounded on the North by the said Street called Rackleford on the South by a Garden belonging to the late John Greenham on the East by a Dwellinghouse and Garden late of Eleanor Upton deceased and on the West by a dwellinghouse late in the possession of Mr Helborne All which said premises are now in the possession of the said Elizabeth Robins together with all houses outhouses edifices buildings yards courts gardens and stables thereto belonging or in anywise appurtaining And all the estate right title interest property claim and demand whatsoever at Law and in Equity of him the said John Batten of in to and out of  the same and every part thereof To have and to hold the said messuage or dwellinghouse and all and singular other the premises hereinbefore described and hereby granted and released with the appurtenances unto and to the use of the said George Robins his heirs and assigns for ever Subject nevertheless to such right of equity of redemption (if any) as is now subsisting by virtue of the said recited Indenture of Mortgage but subject to the Power of Sale and all and singular other the trusts ends interests and purposes in such Indenture expressed and declared as are now subsisting and that as fully and effectually to all intents and purposes as the said John Batten his heirs executors administrators or assigns could or might have exercised the same And this Indenture Witnesseth that for the consideration aforesaid He the said John Batten Doth by these Presents assign and transfer unto the said George Robins All that the said principal sum of Five hundred and forty eight pounds fourteen shillings and one penny and all Interest henceforth to become due in respect thereof and all benefit and advantage to be received thereon And all the right title and interest of him the said John Batten therein To have receive take and enjoy the said sum of Five hundred and forty eight pounds fourteen shillings and one penny and Interest and all and singular other the premises hereby transferred unto the said George Robins his executors administrators and assigns as and for his and their own proper monies goods and chattels for ever And for the better enabling the said George Robins his executors administrators and assigns to receive and receive the said sum of Five hundred and forty eight pounds fourteen shillings and one penny hereby assigned and the Interest thereof he the said John Batten doth by these Presents constitute and appoint the said George Robins his executors and administrators the true and lawful Attorneys irrevocable of him the said John Batten for him and in his name or in the name of names of his executors and administrators but for the benefit and at the costs and risk of him the said George Robins his executors administrators or assigns to ask and demand and receive by all lawful ways and means of and from all and every person or persons liable to pay the same the said sum of Five hundred and forty eight pounds fourteen shillings and one penny and all interest hereafter to grow due for the same And upon nonpayment thereof or of any part thereof to commence and prosecute such Actions or Suits at Law and in Equity for recovering the same as shall be thought expedient and on payment or receipt thereof or of any part thereof to give sufficient Releases and Discharges for the same and for the purposes aforesaid the said John Batten doth hereby grant unto the said George Robins his executors or administrators power and authority to appoint a Substitute or Substitutes and such substitution from time to time at pleasure to revoke and doth hereby ratify and confirm all and whatsoever the said George Robins his executors or administrators his or their substitute or substitutes shall lawfully do And the said John Batten for himself his heirs doth hereby covenant with the said George Robins his heirs executors administrators and assigns that he the said John Batten hath not done or permitted any act by means whereof the said hereditaments hereby granted and released or any part thereof are or can be incumbered And the said George Robins doth hereby for himself his heirs executors and administrators and his and their lands and tenements goods and chattels of and for all such costs and damages as he or they shall or may at any time pay sustain or become liable to for or by reason of any action or suits that may be brought or presented in the name or names of the said John Batten his executors or administrators under or by virtue of the Power of Attorney hereinbefore contained excepting such costs and damages only as shall or may happen by or through the wilful default or neglect of him the said John Batten his executors or administrators  In Witness whereof the said parties to these Presents have hereunto set their hands and seals the day and year first above written

Jno Batten

 

 

Transcribed by Bob Osborn

 

 

An extract of the 1842 Tithe map (by Edward Bullock Watts) showing Francis Robin's property (of this lease) marked as Parcel 64 in today's Market Street.

 

From my collection

The 1851 indenture, or Transfer of Mortgage, in question.