Deed 14: Deed to Levy and Declare the uses of a Fine, 24 September 1813 |
Dated 24th September 1813
John Abbott Esq & [Wife ?]
Deed to Levy and Declare the uses of a Fine Attested Copy
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This Indenture made the twenty fourth day of September in the fifty third Year of the Reign of our Sovereign Lord George the third by the Grace of God of the united Kingdom of Great Britain and Ireland King Defender of the faith and in the Year of our Lord One thousand eight hundred and thirteen Between John Abbot of the parish of Saint Dunstans in the County of Kent Esquire and Mary his Wife of the one part and James Abbott of the parish of Whitstable in the said County Gentleman of the other part Whereas the said John Abbott is seized in Fee of the several Hereditaments and premises hereinafter mentioned and described and the said Mary his Wife will be intitled to his Dower or Customary Estate in case she survives him and therefore it hath been proposed as the said John Abbott is about to sell the same that a Fine should be Levied for the purpose of Extinguishing the Dower or Customary Estate of the said Mary Abbott as hereinafter mentioned And Whereas the two third parts of and in the Hereditaments and Premises herein after described to be called the Bill situate in the parish of Minster in the Isle of Thanet and County of Kent were heretofore conveyed unto the said John Abbott and to Henry Gipps of the said City of Canterbury Banker his Trustee for the purpose of preventing the Dower of Customary Estate of the said Mary the said Wife of the said John Abbott of in and to the same but the said Henry Gipps hath lately departed his Life whereupon the said Mary became intitled to her Dower and Customary Estate thereout Now therefore this Indenture Witnesseth that for barring and docking all Estates Tail and all Reversions and Remainders thereupon expectant and depending and every other Estate and Estates whatsoever particularly the Dower and right and title of Dower of the said Mary the said Wife of the said John Abbott of and in the several Messuages or Tenements Lands and Hereditaments hereinafter particularly mentioned and described and for settling conveying and assuring the same Hereditaments and premises with their and every of their Rights Members and Appurtenances to the several Uses Ends Intents and purposes hereinafter expressed and declared of and concerning the same And also for and in consideration of the sum of Ten Shillings of lawful money of Great Britain to the said John Abbott and Mary his wife in hand well and truly paid by the said James Abbott at or before the Sealing and Delivery of these presents the Receipt whereof is hereby acknowledged He the said John Abbott for himself his Heirs Executors and Administrators doth hereby Covenant promise and Agree to and with the said James Abbott his Heirs that they the said John Abbott and Mary his Wife shall and will in or as of Trinity Term now last past Micheaelmas Term now next ensuing or of some other subsequent Term acknowledge and Levy in due form of Law Before His Majesty's Justices of the Court of Common Pleas at Westminster one or more Fine or Fines Sur Conuzance de droit come ceo &c with proclamations to be thereupon had and made according to the form of the Statute in that Case made and provided and the usual course of Fines for Assurances of Lands in such Cases used All that Capital Messuage or Mansion House (lately erected and built by Robert Gore deceased) with the Coach houses Stables Outhouses Yards Garden and Appurtenances belonging thereto situate lying and being in Broadstairs in the parish of Saint Peter the apostle in the Isle of Thanet in the County of Kent aforesaid late in the Tenure or occupation of the said Robert Gore dec[eas]ed and now in the Tenure or occupation of the said John Abbott
his
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his Assigns or undertenants - And also of All that Well House and Water well with the appurt[enance]s situate and being in the said parish of St Peter the Apostle at or near a certain place there commonly called or known by the name of Crowhill and near to the aforesaid Messuage or Mansion House or premises late also in the Tenure or occupation of the said Robert Gore dec[eas]ed and now or late in the Tenure or occupation of the said John Abbott his Assigns or undertenants And also the Sole free exclusive and uninterrupted use priviledge and enjoyment for ever hereafter of the watercourse or aquaduct leading from the s[ai]d wellhouse and waterwell in by and through a certain piece or parcel of Land now or late belonging to John Dilnott unto and into the said Messuage or Mansion House and premises Together with the full and free Liberty power and Authority for him the said John Abbott his Heirs and Assigns and their Servants Workmen and Labourers from time to time and at all times hereafter to enter come go pass and repass into unto upon and from the said piece or parcel or Land so now or late belonging to the said John Dilnott and thro' which the said watercourse or Aquaduct runneth as aforesaid for the purpose of opening cleansing securing repairing and scouring the said watercourse or Aquaduct from time to time and at all times hereafter at his and their free will and pleasure And also of all those two Messuages or Tenements (one of which has lately been converted into a public house by the said John Abbott and is now called or known by the name of Neptunes Hall) with the Stables Storehouses or Stowages Outhouses Well Yards and Appurt[enance]s thereunto belonging situate lying and being in Broadstairs aforesaid in the said Parish of Saint Peter the Apostle and adjoining the said last mentioned Messuage or mansion House and premises heretofore in the several Tenures or occupations of John Stokes and Lister Foord or one of them their or one of their Assigns or under tenants and now in the several Tenures or occupations of Thomas Hodgman and William Hills or one of them their or one of their Assigns or undertenants which said Capital Messuage or mansion House Messuages or Tenements well House Aquaduct and Heredit[ament]s were heretofore conveyed with other Heredit[ament]s by the said Robert Gore unto the said John Abbott his Heirs and Assigns for ever by certain Indentures of Lease and Release dated respectively the twenty fifth and twenty sixth days of June One thousand seven hundred and ninety two by the description of All that new erected Messuage or Tenement with the Stables Coach Houses Buildings and Appurt[enance]s belonging to the same And also all that one piece or parcel of Land (on part whereof the said Robert Gore hath lately erected and built the said Messuage the said Messuage or Tenement Stables Coach houses Storehouses and Buildings lying and being in the Parish of St Peter the apostle in the said Isle of Thanet and County of Kent at in or near a certain place there called Broadstairs abutting to premises now or late of John Dilnot Esq. in part and to Ground now or late or Thomas Blackburn in other part towards the East and containing by Admeasurement on that Side one hundred and seventy five feet little more or less To the Highway there towards the West and containing by admeasurement on that side one hundred and ninety eight feet little more or less To land now or late of the said Thomas Blackburn towards the north and containing by admeasurement on that side one hundred and forty nine feet little more or less and to the highway leading to the pier there towards the South and containing by Admeasurement on that side sixty nine feet little more or less And also other Houses and all Ma[l]thouses Brewhouses Storehouses Outhouses Edifices Erections and Buildings whatsoever upon the said piece or parcel of Land or any part thereof now standing and being with their and every of their Rights members and appurt[enance]s and now or late in the several Tenures or occupations of the said Robert Gore and of John Stokes and Lister Foord some or one of them their or some or one of their Assigns or undertenants And also All that Wellhouse and water well with the
Appts
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Appurtenances situate and being in the parish of Saint Peter the Apostle aforesaid in the said Isle of Thanet and County of Kent at or near a certain place there commonly called or known by the name of Crowhill and near to the aforesaid granted and released Messuage or Tenement Building piece or parcel of Land and premises and now or late also in the Tenure or Occupation of the said Robert Gore or his Assigns And also the sole free exclusive and uninterrupted use privilege and enjoyment from henceforth for ever hereafter of the Watercourse or Aquaduct now leading from the said Well house and Water Well in by and through a certain piece or parcel of Land and premises together with the full and free Liberty power and Authority for him the said John Abbott his Heirs and Assigns and his and their Servants Workman and Labourers from time to time and at all times hereafter to enter come go pass and repass into unto and from the said piece or parcel of Land so belonging to the said John Dilnot and in by and through which the said Watercourse or Aquaduct runneth as aforesaid for the purposes of opening cleansing scouring repairing amending and keeping open the said Water course or Aquaduct from time to time and at all times hereafter at his and their free will and pleasures which said piece or parcel of Land Buildings Wellhouse Water Well and premises the said Robert Gore purchased to him and his Hiers of and from the said John Dilnot - And also of All that Messuage or Tenement formerly called or known by the name or Sign of the Sun and now called or known by the Sign of the Rose with the coach houses Stables Storehouses Outhouses Edifices Buildings Yards Gardens Land and Appurt[enance]s thereunto belonging and therewith used held and enjoyed situate lying and being in Broadstairs aforesaid in the said parish of Saint Peter the apostle heretofore in the Tenure or occupation of John Hurst or his Assigns and now or late in the Tenure of occupation of John Wayton or his Assigns or undertenants abutting and adjoining to the Kings Highway towards the East To a Messuage Land and premises now or late of Stephen Weake and to Land now or late of John Crofts towards the North To Land now or late of William Turner towards the West and to certain Messuages Lands and premises now or late of Richard Norwood and Mary Milton Widow towards the South - And also of All that messuage or Tenement heretofore known by the name or Sign of the Bell but now commonly called or known by the name or Sign of the Swan with all and singular the outhouses Buildings Yards Garden and Land thereunto belonging and therewith heretofore usually held and enjoyed situate lying and being in the aforesaid parish of Saint Peter at or near a certain place there called Readen Street heretofore in the Tenure or occupation of the said Robert Gore dec[eas]ed or his Assigns and now in the Tenure of occupation of John Parish or his Assigns or undertenants And also of All that Messuage or Tenement with the Outhouses Edifices Buildings Yards Backsides and Appurt[enance]s belonging thereto now called or known by the name or sign of The Wheatsheaf And of All that small slip of Ground thereunto belonging being a Way or passage leading from the Backside of the last mentioned Messuage or Tenement and premises called the Wheatsheaf unto the small piece or parcel of Land hereinafter particularly described and unto other Land and property now or late belonging to William Crofts - And also of all that shed Building or Barn thereunto also belonging standing and being near and adjoining to and on the South Side of a certain new erected Messuage or Tenement now or late of the said William Crofts and in the occupation of ___________ or his Assigns - And also of All that small slip piece or parcel of Land thereunto
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also belonging as the same is now marked off with Stumps or Markstones abutting and bounding to other Land now or late of the said William Crofts towards the North and containing by Admeasurement in Length on that side thereof one hundred and eighty three feet little more or less and to Land now or late of Peter Cramp towards the South and containing by Admeasurement in length on that side thereof One hundred and eighty seven feet little more or less to the said new erected Messuage or Tenement now or late of the said William Crofts and the shed Buildings or Barn herein before mentioned towards the East and containing by Admeasurement in Breadth on that Side thereof Fifty four feet little more or less and to Land now or late of the widow Strong towards the west and containing by admeasurement in Breadth on that side thereof Seventeen feet little more or less And also of the free and uninterrupted use and privilege thereunto also belonging from henceforth for ever hereafter of a certain privy or necessary House now or late belonging to the said William Crofts adjoining to and on the north side of the small slip of Ground herein before mentioned to be used as a way or passage as aforesaid in common with the Tenants and occupiers for the time being of the aforesaid new erected Messuage or Tenement now or late of the said William Crofts and now or late in the occupation of the said Richard Hobbs or his Assigns and the Tenants or occupiers for the time being of a certain other Messuage or Tenement of the said William Crofts now or late in the occupation of Thomas Gray or his Assigns all which said Messuage or Tenement called the Wheatsheaf Buildings Ground Land Hereditaments and premises are situate lying and being in the parish of Saint Peter the Apostle aforesaid in the said Isle of Thanet and County of Kent at or near a certain place there called St Peters Street otherwise Church Street and were formerly in the several Tenures or occupations of John Parker William Cowell William Castle Robert Hilds and the said William Croft or their Assigns and are now in the Tenures or occupations of ______ Friend or his Assigns Except and always reserved for ever hereafter out of the said last mentioned Heredit[ament]s called the Wheatsheaf a free and Public Way path or passage of the breadth of six feet at the back on the north Side of the said Messuage or Tenement called the Wheatsheaf by over and through the Ground there belonging to the same for all persons whomsoever to go pass and repass from St Peters Street otherwise Church Street aforesaid into unto and from a certain chapel or meeting house there And also Except thereout unto the said William Croft his Heirs and Assigns owners and proprietors for the time being of certain Messuages Lands and premises near and adjoining to the said Heredit[ament]s called the Wheatsheaf and his and their Tenants Servants and Workman a way path or passage of the breadth of six feet at the least on the West side of the said Messuage or Tenement called the Wheatsheaf by over and through the Yard and Ground thereunto belonging to go pass and repass from the said Free and public way path or passage in to and from the Small slip of Ground herein before mentioned to be a way or passage from the backside of the said Messuage or Tenement called the Wheatsheaf unto the said small piece or parcel of Land herein before described and unto other Lands now or late of the said William Crofts together with free liberty for him the said William Crofts his Heirs and Assigns owners and proprietors as aforesaid and his and their Tenants Servants and Workmen to go pass and repass by over and through the
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same small slip of Ground being a way or passage as aforesaid into unto and from the back Door of the before mentioned new erected Messuage or Tenement now or late of the said William Crofts now or late in the occupation of the said Richard Hobbs or his Assigns and into unto and from certain other Land now or late of the said William Crofts near adjoining and on the north side of the small piece or parcel of Land herein before particularly mentioned and described. And also Except out of the last mentioned Heredit[ament]s called the Wheatsheaf the joint use of the water well Belonging to the said Messuage or Tenement called the Wheatsheaf for the present and all future Tenants and Occupiers of the aforesaid new erected Messuage or Tenement now or late of the said William Crofts now or late in the Tenure of occupation of the said Richard Hobbs or his Assigns and of the aforesaid Messuage or Tenement now or late of the said William Crofts now or late in the occupation of the said Thomas Gray or his Assigns And also of All that Messuage or Tenement now called or known by the name or Sign of the Sun heretofore divided into several Messuages or Tenements with the Outhouses Edifices Buildings Yards Gardens Backsides and Ground thereunto belonging and adjoining and therewith usually held and enjoyed situate lying and being in the Ville of Ramsgate in the said Isle of Thanet and County of Kent in or near a certain street there called Brick Street and now called Effingham Place and heretofore in the Tenure or occupation of ________ Jones or his Assigns or undertenants Together with the free and common use and Benefit at all times (with the Tenants and occupiers of certain other Messuages near thereunto) of a certain grass plat or bleaching spot situate in or near the said Street and adjoining to a certain Messuage and premises now or late in the occupation of William Doughty and to a certain Messuage or premises there now or late of John Holmans and free way and passage to and from the said Grass plat or Bleaching Spot by and through a certain Gate next the said Street and at the West End of the of the said Messuage and premises now or late of the said William Doughty And also of all those two equal undivided third parts or shares (the whole into three equal parts or shares to be considered as divided) Of and in All that Messuages or Tenements now converted into two dwellings formerly called or commonly known by the name of the Five Bells and now commonly called or known by the name or sign of the Bill with the Barn Stables Yard Backside and Garden thereunto belonging containing by Estimation One Acre more or less with the Appurt[enance]s situate lying and being in the parish of Minster in the Isle of Thanet aforesaid in the said County of Kent heretofore in the Tenures or occupations of Edward Browning and John Goldup or one of them their or one of their Assigns or undertenants and now or late in the Tenure of Occupation of _____ Willard and ___________________ or one of them their or one of their Assigns or undertenants And also of the entirety of All that Messuage or Tenement commonly called or known by the name or Sign of the Royal Oak with the Stables Outhouses Buildings Closes Yards Backsides and Appurt[enance]s thereunto belonging (being freehold) situate lying and being in Ashford in the said County of Kent heretofore in the Tenure or occupation of Robert Gibbs or his Assigns or undertenants and now or late in the Tenure or occupation of ______ Potts or his Assigns or undertenants - And also of All that Messuage or Tenement with the Outhouses Gardens and Appurt[enance]s
thto
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thereunto Belonging or appurtaining called or known by the name or Sign of the Unicorn situate lying and being in the parish of St Dunstan in the County of Kent aforesaid heretofore in the Tenures or occupations of James Fisher and Thomas Redwood or one of them their or one of their Assigns or undertenants and now or late in the Tenure or occupation of ______ Hood[?] or his Assigns or undertenants And also of All that Messuage or Tenement formerly called the Bakehouse with the Outhouses Edifices Buildings Yard Garden and Appurt[enance]s thereunto belonging situate lying and being in the said parish of Saint Dunstan in the said County of Kent heretofore in the Tenure or occupation of John Kirby or his assigns and now or late in the several Tenures or occupations of John Croaker and Harry Stubbly or one of them their or one of their Assigns or undertenants And also of All Houses Outhouses Barns Stables Buildings Woods underwoods Ways Waters Watercourses Wells Lights Easements paths passages Commons and common of pasture profits commodities Emoluments Advantages Heredit[ament]s Rights Members and Appurt[enance]s whatsoever to the said several Hereditaments and premises respectively belonging or in any wise appurtaining And the Reversion and Reversions Remainder and Remainders Yearly and other Rents Issues and profits thereof and of every part thereof All which said Heredit[ament]s and premises herein before particularly described it is intended shall pass in and by the said Fine or Fines by such name or names Quantities Qualities number of Acres and other certainties[?] and descriptions to ascertain the same as shall be thought fit and convenient and as will effectually comprehend and comprise the same And it is hereby further Covenanted concluded and agreed and agreed by and between the said parties hereto and the said parties to these presents for themselves and their Heirs do hereby expressly declare and agree that the said Fine or Fines so levied or to be levied as aforesaid and all and every other Fine or Fines already had acknowledged and levied or which shall or may at any time or times hereafter be had acknowledged or levied of the said Heredit[ament]s and premises or any part thereof by or between the said parties hereto alone or together with any other person or persons whomsoever shall be and enure and shall be construed adjudged declared and taken to be and enure and is and are and was and were meant and intended to be and enure And the said James Abbott the conuzee in the said Fine or Fines to be named and his Heirs immediately after the Levying and perfecting thereof shall stand and be sezied of the said Heredit[ament]s and premises with their and every of their rights members and appurtenances to and for the several uses and trusts and for several Intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say) To the use of such person and persons and for such Estate and Estates upon such Trusts and for such Intents and purposes and with under and subject to such powers provisoes Limitations Charges and Declarations as the said John Abbott at any time or times during his Life by any Deed or Deeds Instrument or Instruments in writing with or without power of Revocation to be Sealed and Delivered in the presence of and attested by two or more credible Witnesses shall direct limit or appoint - and as well in default of such direction limitation or appointment as
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in the mean time until such direction limitation or appointment shall be made as shall take effect and subject to any such Direction Limitation or appointment as shall not be a complete and entire Disposition of the whole Estate and Interest therein To the use of the said John Abbott and his Assigns during his natural Life and from and after the determination of that Estate by any means in his Life time to the use of the said James Abbott and his Heirs during the natural life of the said John Abbott In trust for the said John Abbott and his assigns and after the determination of the Estate so limited in use to the said James Abbott during the natural life of the said John Abbott as aforesaid To the use of the said John Abbott his Heirs and Assigns for ever In witness whereof the said parties to these presents have hereunto set their Hands and Seals the day and Year first above written
John [L.S.] Abbott | Mary [L.S.] Abbott |
Signed sealed and delivered (being first duly stamped and the interlineations between the twenty sixth and twenty seventh Lines and the thirtieth and thirty first Lines in the second skin being first inserted) in the presence of
Jno Jas Peirce - Solr Canterbury
Wm H.Y. Abbott - Solr Canterbury
Examined with the Original Deed this fourteenth day of October 1813 by us
Thos A. Silk
H Silk
Transcribed, Gerald Tripp, Nov 2008. |