Property deeds relating to 25 Market Street, Appledore

For an assessment, summary and notes about these deeds, see Appendix.

Documents are in private hands, but reproduced here by permission of the owner.

Transcribed by David Carter 2019

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Verbatim transcript of Property Deeds:

Document 1
On outside wrapper:
22 December 1818
Twenty seven undivided thirty five parts of a dwelling house and garden in Appledore Devon.
Mt William Hernaman & Mr Samuel Tetherly to Mr John Reeson
Demise for 2000 years.

This indenture of three parts made the 22nd day of December in the year of our Lord 1818.
Between William Hernaman of Appledore within the parish of Northam in the County of Devon officer in His Majesty’s Customs of the one part, Samuel Tetherly of the same place gentleman of the second part; and John Reeson of Littleham in the said County yeoman of the third part.
Whereas by indentures of Lease and Release bearing date respectively on or about the 17th and 18th days of August 1815 and made between William Arundell Yeo of Clifton in the County of Gloster surgeon of the first part, the said William Hernaman of the second part, and John Hernaman glazier of the third part.
After Reciting as therein is recited it is witnesses that for the considerations therein mentioned the said William Arundell Yeo did grant release and confirm unto the said William Hernaman (among other hereditaments) fourteen and a half undivided thirty five parts of and in the Messuage or Dwelling House garden and premises herein particularly described and also demised or intended to be with the appurtenances, To Hold the same unto the said William Hernaman his heirs and assigns, To the use of such person or persons for such estate or estates and for such interest or interests by way of annuity rent charge or otherwise and upon such trusts and upon such ends intents and purposes and charged and chargeable in such manner and either absolutely or conditionally or subject to such powers of revocation and new appointment and other powers conditions restrictions limitations declarations and agreements as the said William Hernaman at any time or times and from time to time by any deed or deeds investment or investments in writing to be sealed and delivered by him in the presence of and attested by one two or more credible witness or witnesses by the same witness or witnesses should direct limit or appoint. And in default of such direction or appointment To the uses therein mentioned.
And Whereas the said Samuel Tetherly being lawfully and rightfully seized to him and his heirs in fee simple of twelve and a half undivided thirty five parts of and in the same messuage or dwelling house garden and premises with the appurtenances by an indenture bearing date the 12th day of May 1818 and made between the said Samuel Tetherly and Mary his wife of the one part, and William Chappell of the other part. Reciting that the said Samuel Tetherly and Mary his wife did in or as of Hilary term in the fiftieth year of the reign of his present Majesty King George the third in due form of law acknowledge and levy unto the said William Chappell and his heirs one fine sur conizance de droit come ceo… and so forth with proclamations of (among other hereditaments) twelve and a half undivided thirty five parts of and in the said messuage or dwelling house garden and premises hereby demised or intended so to be. Also reciting that no uses had been declared of the said fine so far as related to the said premises. It is witnessed and agreed by and between all the said parties to the now reciting indenture and they thereby severally directed and appointed that the fine so as aforesaid or in any other manner levied should be and enure as to (among other hereditaments) the messuage or dwelling house garden and premises hereby demised or intended so to be. To such uses upon and for such trusts intents and purposes and with under and subject to such powers provisos charges declarations and agreements as the said Samuel Tetherly should by any deed or deeds with or without a power of revocation or new appointment to be by him legally executed direct or appoint and in default of and until such direction or appointment and so far as any such direction or appointment should not extend to the uses therein mentioned. 
And whereas the said John Reeson has contracted and agreed with the said William Hernaman and Samuel Tetherly for the absolute purchase of the said twenty seven undivided thirty five parts of and in the said messuage or dwelling house garden and premises with the appurtenances for a term of 2000 years free from incumbrances (except as hereinafter is excepted) at or for the price of sum of sixty two pounds.
Now this indenture witnesseth that in pursuance of the said agreement and for and in consideration of the sum of thirty three pounds and five shillings of lawful money current in Great Britain to the said William Hernaman paid by the said John Reeson immediately before the execution of these presents the receipt whereof the said William Hernaman doth hereby acknowledge and of and from the same and every part thereof doth acquit release and discharge the said John Reeson his heirs executors administrators and assigns and every of them for every by these presents. He the said William Hernaman pursuant to and in exercise and execution of the said power and authority given and reserved to him in and by the said recited indenture of lease of the 18th day of August 1815 and by force and virtue thereof and of all and every other power and powers and authority and authorities to him in that behalf reserved or in him vested or him in any wise thereunto enabling hath directed limited and appointed and granted bargained sold and demised.
And by this his deed in writing under his hand and seal and by him duly signed sealed and delivered in the presence of and attested by the credible persons whose names are hereupon intended to be endorsed as witnesses thereto doth absolutely and irrevocably direct limit and appoint and grant bargain sell and demise unto the said John Reeson his executors administrators and assigns fourteen and a half undivided thirty five parts of and in All That Messuage or Dwelling House and premises with the appurtenances situate in Market Street in Appledore aforesaid.
And also of and in all that garden situate behind and adjoining the said dwelling house all which said premises are now in the occupation of Bartholomew Lamey together with the use of a well of water in the courtlege of a dwelling house now in the occupation of Thomas Ching with liberty of passage to and from the said well to take and carry away water from the said well in common with the occupiers of the dwelling houses in Appledore aforesaid now belonging to the said William Hernaman, Samuel Tetherly, George Brayley and Philip Lang, but formerly the lands of Ethelred Beaple deceased.
And fourteen and a half undivided thirty five parts of all houses outhouses buildings courts courtleges gardens ways paths waters watercourses easements privileges hereditaments and appurtenances to the same premises belonging or in anywise appertaining.
And the reversion and reversions remainder and remainders rents issues and profits thereof and of every part thereof.
To have and to hold the said fourteen and a half undivided thirty five parts of and in the said messuage or dwelling house and garden and all and singular other the premises hereby granted and demised or intended so to be and every part and parcel of the same with the appurtenances unto the said John Reeson his executors administrators and assigns for and during the term of 2000 years from hence next ensuing and fully to be complete and ended.
And this indenture further witnesseth that in further performance of the said recited agreement and in consideration of the sum of twenty eight pounds and fifteen shillings of lawful money current in Great Britain to the said Samuel Tetherly paid by the said John Reeson immediately before the execution of these presents the receipt whereof the said Samuel Tetherly doth hereby acknowledge and of and for the same and every part thereof doth acquit release and discharge the said John Reeson his heirs executors administrators and assigns for ever by these presents.
He the said Samuel Tetherly pursuant to and in exercise and execution of the same power and authority given and reserved to him by the hereinbefore in part recited indenture of the 12th day of May last and by force and virtue thereof and of all and every other power and powers authority and authorities to him in that behalf reserved or in him vested or him in any wise enabling. Hath directed and appointed and granted bargained sold and demised. And by this his deed or instrument in writing by him the said Samuel Tetherly legally executed doth absolutely and irrevocably direct and appoint and grant bargain sell and demise unto the said John Reeson his executors administrators and assigns twelve and a half undivided thirty five parts of and in all that the said messuage or dwelling house garden and premises hereinbefore particularly described. And twelve and a half undivided thirty five parts of and in all houses outhouses courts courtleges gardens ways paths waters watercourses easements privileges hereditaments and appurtenances to the same premises belonging or in anywise appertaining. And the reversion and reversions remainder and remainders rents issues and profits thereof and of every part thereof. 
To have and to hold the said twelve and a half undivided thirty five parts of and in the said messuage or dwelling house and garden and all and singular other the premises hereby granted and demised or intended so to be and every part and parcel of the same with the appurtenances unto the said John Reeson his executors administrators and assigns for and during the term of 2000 years from hence next ensuing and fully to be complete and ended. 
And each of them the said William Hernaman and Samuel Tetherly severally separate and apart from the other of them and so far only as relates to the share estate or interest of himself respectively of and in twenty seven undivided thirty five parts of the said messuage or dwelling house garden and premises hereby demised and the acts deeds and defaults relating to the same share estate and interest and no further of otherwise doth hereby for himself and for his heirs executors and administrators covenant promise and agree to and with the said John Reeson his executors administrators and assigns in manner following, that it is say that (not withstanding any act deed matter or thing whatsoever by them or either of them the said William Hernaman and Samuel Tetherly made done committed permitted or suffered to the contrary) they the said William Hernaman and Samuel Tetherly now have in themselves respectively good right full power and absolute authority by these presents to grant and demise the said twenty seven undivided thirty five parts of and in the said messuage or dwelling house garden and premises hereby demised or intended so to be with the appurtenances unto the said John Reeson his executors administrators and assigns for and during the said term of 2000 years from hence next ensuing and fully to be completed and ended in manner aforesaid and according to the true intent and meaning of these presents.
And also that it shall and maybe lawful to and for the said John Reeson his executors administrators and assigns at all times hereafter during the said term of 2000 years to enter into and upon have hold occupy and enjoy the said twenty seven undivided thirty five parts of and in the said messuage or dwelling house garden and premises hereby demised or intended so to be with their appurtenances and receive the rents profits thereof and of every part thereof to his and their own use without any lawful let suit eviction interruption or denial of from or by the said William Hernaman and Samuel Tetherly or their heirs or any other person or persons whomsoever lawfully or equitably claiming or to claim the same by from under of in trust for them or either of them or by from or under any or either of their ancestors or testators. And that free and clear and freely and clearly acquitted and discharged or otherwise by the said William Hernaman and Samuel Tetherly their heirs executors or administrators well and sufficiently saved harmless and kept indemnified of from and against all former and other gifts grants bargains sales jointures dowers uses trusts wills entails statutes recognisances judgements executions extents liens and incumbrances whatsoever at any time or times heretofore and to be at any time or times hereafter had made done committed executed or suffered by the said William Hernaman and Samuel Tetherly or their heirs or any or either of them or any person or persons rightfully claiming or to claim by from under or in trust for them or either of them of any or either of their ancestors or testators (the Land Tax and quitrents charged or chargeable or which shall henceforth become due and payable for or in respect of the same premises only excepted).
And moreover that they the said William Hernaman and Samuel Tetherly and their heirs and all person and persons whomsoever lawfully or equitably claiming or to claim by from under or in trust for them or any or either of them shall and will at all times hereafter during the said term of 2000 years upon every reasonable request and at the costs and charges of the said John Reeson his executors administrators or assigns make do acknowledge levy suffer execute and perfect or cause and procure to be made done acknowledged levied suffered executed and perfected all such further and other lawful and reasonable acts deeds devices conveyances and assurances in the law whatsoever for the further better more effectually and satisfactorily granting and confirming or otherwise assuring the said twenty seven undivided thirty five parts of and in the said messuage or dwelling house garden and premises hereby demised or intended so to be and every part thereof with their appurtenances unto the said John Reeson his executors administrators and assigns for all the residue and remainder of the said term of 2000 years which shall be then to come and unexpired as by the said John Reeson his executors administrators or assigns or his or their counsel in the law shall be reasonably advised and required.
And further that he the said William Hernaman his heirs executors and administrators (unless hindered or prevented by fire by some other inevitable accident) shall and will at any time or times hereafter upon every reasonable request in writing and at the costs and charges of the said John Reeson his executors administrators and assigns produce and shew forth or cause to be produced and shewn forth unto the said John Reeson his executors administrators and assigns or his or their counsel attorney solicitor or agent or otherwise as occasion shall be and require the hereinbefore in part recited indentures of lease and release of the 17th and 18th days of August 1815 for the proof manifestation support and defence of the title of the said John Reeson his executors administrators and assigns of in or to the said fourteen and a half undivided thirty five parts of the said messuage or dwelling house garden and premises hereby demised or intended so to be with their appurtenances and shall and will when thereunto required give or deliver or cause to be given or delivered to the said John Reeson his executors administrators and assigns true and attested copies of the same deeds or any either of them and suffer such copies to be examined and compared with the originals either by the said John Reeson his executors administrators or assigns or any other person or persons whom he or they shall appoint.
And lastly that he the said Samuel Tetherly his heirs executors and administrators (unless hindered or prevented by fire or by some other inevitable accident) shall and will at any time or times hereafter upon every reasonable request in writing and at the costs and charges of the said John Reeson his executors administrators and assigns produce and shew forth or cause to be produced and shewn forth unto the said John Reeson his executors administrators and assigns or his or their counsel attorney solicitor or agent or otherwise as occasion shall be and require the hereinbefore in part recited indenture of the 12th day of May last for the proof manifestation support and defence of the title of the said John Reeson his executors administrators and assigns of in or to the said twelve and a half undivided thirty five parts of the said messuage or dwelling house garden and premises hereby demised or intended so to be with their appurtenances and shall and will when thereunto required give or deliver or cause to be given or delivered to the said John Reeson his executors administrators and assigns true and attested copies of the same deeds and suffer such copy to be examined and compared with the original either by the said John Reeson his executors administrators or assigns or any other person or persons whom he or they shall appoint.
And it is hereby declared and agreed by and between the said parties hereto that all person and persons in whom any term or terms for years of and in the said twenty seven undivided thirty five parts of the said messuage or dwelling house garden and premises hereby demised or otherwise assured or intended so to be is or are now vested shall and do stand and be possessed thereof during the said term of 2000 years hereby demised in trust for the said John Reeson his executors administrators and assigns and to be assigned and disposed of from time to time as he or they shall direct or appoint in confirmation of these presents.
In witness whereof the said parties to these presents their hands and seals have hereunto set the day and year first above written.
Signed: Wm Hernaman, Sam Tetherly.

[N.B. For meaning of: “Fine sur cognizance de droit come ceo que il ad de son done” see
www.rootschat.com/forum/index.php?topic=751906.0 ]

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Document 2

On outside wrapper:
6th May 1820
Mr George Brayley to Mr John Reeson
Appointment and demise of eight thirty fifth part of a dwelling house etc, in Appledore for a term of 2000 years.

This indenture made the 6th day of May 1820 between George Brayley of Bideford in the county of Devon gentleman of the one part, and John Reeson of Appledore within the parish of Northam in the said county yeoman of the other part.
Whereas by certain indentures of lease and release bearing date respectively on or about the 25th and 26th days of January last the release being of 3 parts and made between the said George Brayley of the first part, Edwin Bremridge gentleman of the second part, and John Bake Husband gentleman of the third part, and by virtue of a common recovery which in or as of Hilary term last was duly suffered in his Majesty’s Court of common pleas at Westminster wherein the said John Bake Husband was demandant, the said Edwin Bremridge was tenant, and the said George Brayley was vouchee who vouched the common vouchee of the said court the eight undivided thirty fifth parts of and in the messuage or dwelling house garden and premises hereinafter described, Were conveyed released or assured and now stand limited to uses for the benefit of the said George Brayley his heirs appointees and assigns. And whereas the said John Reeson hath contracted and agreed with the said George Brayley for the absolute purchase of the said eight undivided thirty fifth parts of and in the said messuage or dwelling house garden and premises for an absolute term of 2000 years at or for the price or sum of eighteen pounds and ten shillings.
Now this indenture witnesseth that in consideration of the sum of eighteen pounds and ten shillings of lawful money current in Great Britain to the said George Brayley well and truly paid by the said John Reeson immediately before the execution of these presents the receipt whereof the said George Brayley doth hereby acknowledge and of and from the same sum and every part thereof doth acquit release and discharge the said John Reeson his heirs executors administrators and assigns by these presents.
He the said George Brayley by virtue and in pursuance and in exercise and execution of all powers in him vested or in any wise enabling him in this behalf doth by this his deed by him legally executed direct and appoint and by way of further assurance the said George Brayley hath granted bargained sold and demised and by these presents doth grant bargain sell and demise unto the said John Reeson his executors administrators and assigns the eight undivided thirty fifth parts of and in all that messuage or dwelling house and premises with the appurtenances situate in Market Street in Appledore aforesaid.
And also of and in all that garden situate behind and adjoining the said dwelling house all which said premises are now in the possession of the said John Reeson with free liberty of a footway in and through the usual passage to draw fetch and carry water from the well or fountain in the courtlege or garden of the dwelling house and premises now the property of Richard Dart in Appledore aforesaid, And of and in all houses outhouses buildings courts courtleges gardens ways paths waters watercourses easements privileges hereditaments and appurtenances to the said messuage or dwelling house garden and premises belonging or in any wise appertaining, And the reversion and reversions remainder and remainders rents issues and profits thereof and of every part and parcel thereof.
To have and to hold the said eight undivided thirty fifth parts hereby appointed and demised or intended so to be of and in the said messuage or dwelling house garden and premises hereinbefore described with the appurtenances unto the said John Reeson his executors administrators and assigns for and during and unto the full end and term of 2000 years henceforth next ensuing and fully to be complete and ended without impeachment of or for any manner of waste and the said George Brayley doth hereby for himself his heirs executors and administrators covenant and agree with the said John Reeson his executors administrators and assigns that he the said George Brayley now hath in himself good right full power and lawful and absolute authority by these presents to appoint and demise the said eight undivided thirty fifth parts hereby appointed and demised or intended so to be of and in the said messuage or dwelling house garden and premises with the appurtenances unto the said John Reeson his executors administrators and assigns for and during the said term of 2000 years in manner as aforesaid and according to the true intent and meaning of these presents.
And also that it shall and maybe lawful to and for the said John Reeson his executors administrators and assigns at all times hereafter during the said term of 2000 years to enter into and upon have hold and enjoy the said eight thirty fifth parts hereby appointed and demised or intended so to be of and in the said messuage or dwelling house garden and premises with the appurtenances and receive and take the rents and profits thereof and of every part and parcel thereof to and for his and their own use and benefit without any lawful let suit eviction ejection molestation interruption or denial whatsoever of from or by the said George Brayley or his heirs or any other person or persons whomsoever rightfully claiming or to claim by from through under or in trust for him or them or by from through under or in trust for any of his ancestors or testators and that free from all incumbrances whatsoever (except the Land Tax and quitrent if any payable out of the said premises).
And moreover that he the said George Brayley and his heirs and all persons whosoever rightfully claiming or to claim by from through under or in trust for him or them shall and will at all times hereafter upon the request and at the sole expense of the said John Reeson his executors administrators or assigns make do and execute or cause or procure to be made done and executed all such further and other lawful and reasonable acts deeds devises and assurances in the law whatsoever for further better and more effectually or satisfactorily granting and demising or otherwise assuring the said eight thirty fifth parts hereby appointed and demised or intended so to be of and in the said messuage or dwelling house garden and premises with the appurtenances unto the said John Reeson his executors administrators and assigns for all the residue and remainder of the said term of 2000 years which shall be then to come and unexpired as by the said John Reeson his executors administrators or assigns on his or their counsel in the law shall be reasonably used or advised and required.
And lastly that the said George Brayley his heirs executors and administrators (unless prevented by fire by some other inevitable accident) shall and will at all times hereafter upon the request and at the expense of the said John Reeson his executors administrators or assigns produce and shew forth or cause to be produced and shewn forth to him or them or to his or their attorney solicitor counsel or agent upon all lawful occasions all such deeds and writings as are or shall or maybe in the possession or custody of the said George Brayley his heirs appointees or assigns which relate to the title of the said eight thirty fifth parts hereby appointed and demised or intended so to be of and in the said messuage or dwelling house garden and premises and at the like request and expense of the said John Reeson his executors administrators or assigns shall permit the same deeds and writings to be inspected examined and copies in support of the title of the said John Reeson his 
executors administrators and assigns in and to the said eight thirty fifth parts of and in the said messuage or dwelling house garden and premises.
In witness whereof the said parties hereto their hands and seals have set the day and year first above written.
Signed: Geo Brayley, John Reeson.

Endorsement on the back:
Received the day and year first within written of and from the within named John Reeson the sum of eighteen pounds and ten shillings the full consideration money within mentioned to be paid by him to me. Witness my hand Geo Brayley.
Witnesses: Charles Carter, Charles Carter junr.
Signed sealed and delivered by the within named George Brayley in the presence of Charles Carter, Charles Carter junr.
Signed sealed and delivered by the within named John Reeson in the presence of Charles Carter.

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Document 3
On outside wrapper:
29th September 1821
Mr John Reeson to Mr John Sinclair
Assignment of a dwelling house and garden in Meeting Street [sic].
This indenture made 29th day of September in the year of our Lord 1821.
Between John Reeson of Appledore in the parish of Northam in the county of Devon yeoman of the one part, and John Sinclair of Bideford in the said county confectioner of the other part.
Whereas by an indenture of 3 parts bearing date on or about the 22nd day of December 1818 and made between William Hernaman of Appledore aforesaid Officer in His Majesty’s Customs of the first part, Samuel Tetherly of Appledore aforesaid gentleman of the second part, and the said John Reeson of the third part.
It is witnessed that in consideration of the sum of thirty three pounds and five shillings to the said William Hernaman then paid by the said John Reeson he the said William Hernaman did direct limit and appoint and grant bargain sell and demise unto the said John Reeson his executors administrators and assigns fourteen and a half undivided thirty fifth parts of and in all that messuage or dwelling house with the appurtenances situate in Market Street in Appledore aforesaid. And also of and in all that garden situate behind and adjoining the said dwelling house all which said premises were formerly in the occupation of Bartholomew Lamey since of Mary King and now of the said John Sinclair together with the use of a well of water in the courtledge of a dwelling house now or late in the occupation of Thomas Ching with liberty of passage to and from the said well to take and carry away water from the said well in common with the occupiers of the dwelling houses in Appledore aforesaid now or late belonging to the said William Hernaman Samuel Tetherly George Brayley and Philip Lang, but formerly the lands of Etheldred Beaple deceased. To hold the same unto the said John Reeson his executors administrators and assigns for a term of 2000 years thence next ensuing and fully to be complete and ended, And by the now reciting indenture it is further witnessed that in consideration of the sum of twenty eight pounds and fifteen shillings to the said Samuel Tetherly then paid by the said John Reason, He the said Samuel Tetherly did direct and appoint and grant bargain sell and demise unto the said John Reeson his executors administrators and assigns twelve and a half undivided thirty fifth parts of and in all that the said messuage or dwelling house and garden with the appurtenances hereinbefore particularly described. To hold the same unto the said John Reeson his executors administrators and assigns for a term of 2000 years thence next ensuing and fully to be complete and ended.
And whereas by an indenture bearing date on or about the 6th day of May 1820 and made between George Brayley of Bideford aforesaid gentleman of the one part, and the said John Reeson of the other part. It is witnesses that in consideration of the sum of eighteen pounds and ten shillings to the said George Brayley then paid by the said John Reeson he the said George Brayley did direct and appoint and grant bargain sell and demise unto the said John Reeson his executors administrators and assigns eight undivided thirty fifth parts of and in all that the said messuage or dwelling house garden and premises hereinbefore more particularly described. To hold the same unto the said John Reeson executors administrators and assigns for a term of 2000 years thence next ensuing and fully to be complete and ended without impeachment of waste.
And whereas the said John Reeson hath contracted and agreed with the said John Sinclair for the absolute sale to him of the said messuage or dwelling house garden and premises with the appurtenances for all the residues of the said several terms of years respectively therein now to come and unexpired for the sum of two hundred pounds.
Now this indenture witnesseth that in pursuance and performance of the said agreement and in consideration of the sum of £200 of lawful money of the United Kingdom of Great Britain and Ireland current in Great Britain to the said John Reeson now paid by the said John Sinclair at or before the sealing and delivery of these presents the receipt of which said sum of £200 the said John Reeson doth hereby acknowledge and of and from the same sum and every part thereof doth acquit release and discharge the said John Sinclair his heirs executors administrators and assigns and each and every of them for ever by these presents.
He the said John Reeson hath granted bargained sold assigned transferred and set over and by these presents doth grant bargain sell assign transfer and set over unto the said John Sinclair his executors administrators and assigns all that the said messuage or dwelling house garden and premises with the appurtenances situate in Market Street in Appledore aforesaid hereinbefore more particularly described formerly in the occupation of Bartholomew Lamey afterwards of the said John Reeson since of Mary King widow and now of the said John Sinclair together with all houses outhouses buildings courts courtleges gardens ways paths waters watercourses easements privileges hereditaments and appurtenances whatsoever to the same premises belonging or in any wise appertaining.
And the reversion and reversions remainder and remainders rents issues and profits thereof and of every part thereof.
And all the estate right title interest term or terms of years property claim and demand whatsoever both at law and in equity or otherwise howsoever of him the said John Reeson of in to or out of the same or any part thereof.
And all deeds evidences and writings whatsoever relating to or in any wise touching or concerning the said hereditaments and premises and the benefit of all covenants for production of deeds relating to the said premises.
To have and to hold the said messuage or dwelling house and garden and all and singular other the premises hereby assigned or otherwise assured or intended so to be with the appurtenances unto the said John Sinclair his executors administrators and assigns as to the said fourteen and a half undivided thirty fifth parts thereof henceforth for and during all the residue and remainder of the first hereinbefore mentioned and recited term of 2000 years.
And as to the said twelve and a half undivided thirty fifth parts thereof henceforth for and during all the residue and remainder of the said term of 2000 years secondly hereinbefore mentioned and recited.
And as to the said eight undivided thirty fifth parts thereof henceforth for and during all the residue and remainder of the said term of 2000 years thirdly hereinbefore mentioned and recited and that in as full large ample and beneficial a manner as he the said John Reeson can possibly assign the said three several terms of 2000 years respectively.
And the said John Reeson doth hereby for himself his heirs executors and administrators covenant and agree with the said John Sinclair his executors administrators and assigns that notwithstanding any act deed matter or thing whatsoever had made done committed permitted or suffered to the contrary by him the said John Reeson the said three several terms of 2000 years are good valid and subsisting and still in full force and that the same are not merged forfeited surrendered or become void or voidable.
And that notwithstanding any such act deed matter or thing as aforesaid the said John Reeson now hath in himself good right by these presents to assign and set over the same terms respectively unto the said John Sinclair his executors administrator and assigns in manner aforesaid and according to the true intent and meaning of these presents.
And further that it shall be lawful for the said John Sinclair his executors administrators and assigns henceforth at all times hereafter during the continuance of the said three several terms of 2000 years respectively peaceably and quietly to enter into and upon have hold use occupy possess and enjoy the said several shares respectively of and in the said messuage or dwelling house and garden with the appurtenances and to receive and take the rents and profits thereof without any eviction ejection expulsion interruption of denial whatsoever of from or by the said John Reeson his executors administrators or assigns or any person or persons lawfully or equitably and rightfully claiming or to claim the same premises or any part thereof by from through under or in trust for him or them and that free and clear and freely clearly and absolutely acquitted exonerated and discharged or otherwise by him the said John Reeson his heirs executors or administrators at his or their own costs and charges in all things well and sufficiently protected defended saved harmless and kept indemnified of from and against all former and other estates titles charges and incumbrances whatsoever occasioned or suffered or to be occasioned of suffered by the said John Reeson his executors or administrators or any person or persons lawfully or rightfully claiming by from through under of in trust for him or them (except the Land Tax and chief or quit rents if any payable in respect of the said premises).
And lastly that he the said John Reeson his executors and administrators and all other persons whomsoever having or rightfully claiming or to claim the said messuage or dwelling house and garden or any part thereof by from under or in trust for him of them (except in respect of the Land Tax and chief or quit rents if any payable in respect of the said premises so far as respects such Land Tax and quit or chief rents only) shall and will at all times hereafter upon every reasonable request and at the costs and charges in the law of the said John Sinclair his executors administrators or assigns make do and execute all such further lawful and reasonable acts deeds assignments and assurances whatsoever for the more satisfactorily assigning or other assuring the said messuage or dwelling house and garden hereby assigned or intended so to be with the appurtenances unto the said John Sinclair his executors administrators and assigns according to the intent and meaning of these presents as by the said John Sinclair his executors administrators or assigns or his or their counsel in the law shall be reasonably advised or devised and required and be tendered to be made done or executed.
In witness whereof the parties to these presents their hands and seals have hereunto set the day and year first above written.
Signed: John Reeson, the mark of John Sinclair.

Endorsement on the back:
Received on the day and year first within written of the within named John Sinclair the sum of two hundred pounds being the full consideration within mentioned to be paid by him to me. Attested by H A Harvie clerk to Mr Smale solicitor Bideford.
Signed sealed and delivered by the within named John Reeson and John Sinclair in the presence of H A Harvie.

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Document 4
On outside wrapper:
Dated: 1st October 1821
Mr John Sinclair to Mr Arthur Smale and Mr Daniel Sleeman
Demise of two dwelling houses and gardens for a term of 1500 years to secure £200 and interest.

This indenture of three parts made 1st day of October in the year or our Lord 1821 Between John Sinclair of Bideford in the county of Devon confectioner of the first part; Ann Phelp the wife of John Phelp of the parish of Pyworthy in the county of Devon who has a separate property independently of her husband of the second part; and Arthur Smale of the parish of Whitstone in the county of Cornwall gentleman and Daniel Sleeman of the parish of Holsworthy in the said county of Devon joiner of the third part.
Whereas the said John Sinclair is seized to him and his heirs of the fee simple and inheritance of and in all that piece or parcel of land situate in the town of Northam in the county of Devon adjoining to and on the north side of the road or street leading from Northam Town aforesaid to Appledore the front from east to west containing in length 61 feet and 6 inches or thereabout and extending from the front backward from the southern extremity to the northern extremity about 74 feet and containing 16 square perches of land or thereabouts be the same more or less and on which said piece or parcel of land the said John Sinclair hath lately erected and built a dwelling house and has converted the remainder of the said piece or parcel of land into a garden.
And whereas the said John Sinclair is also possessed of or entitled to all that messuage or dwelling house with the appurtenances situate in Market Street in Appledore aforesaid and also all that garden situate behind and adjoining the said dwelling house for the residues of three several terms of 2000 years each all which said premises were formerly in the occupation of Bartholomew Lamey since of Mary King and now of the said John Sinclair together with the use of a well of water in the courtledge of a dwelling house now or late in the occupation of Thomas Ching with liberty of passage to and from the said well to take and carry away water from the said well in common with the occupiers of the dwelling houses in Appledore aforesaid now or late belonging to William Hernaman Samuel Tetherly George Brayley and Philip Lang but formerly the lands of Etheldred Beaple deceased.
And whereas the said John Sinclair hath occasion for the sum of £200 and the said Arthur Smale and Daniel Sleeman have agreed to advance and lend the same on the security of the demise hereinafter contained.
Now this Indenture witnesseth that in consideration of the sum of £200 of lawful money of the United Kingdom of Great Britain and Ireland current in Great Britain to the said John Sinclair now advanced and paid by the said Arthur Smale and Daniel Sleeman with the consent and approbation of the said Ann Phelp testified by her executing these presents being trust monies belonging to the said Ann Phelp the receipt whereof the said John Sinclair doth hereby acknowledge and of and from the said sum and every part thereof doth acquit release and discharge the said Arthur Smale and Daniel Sleeman their heirs executors administrators and assigns and each and every of them for ever by these presents.
He the said John Sinclair Hath granted bargained sold and demised and by these presents Doth grant bargain sell and demise unto the said Arthur Smale and Daniel Sleeman their executors administrators and assigns All that the said messuage or dwelling house and garden with the appurtenances situate in the Town of Northam aforesaid And also all that the said messuage or dwelling house and garden situate in Appledore aforesaid all which said premises are hereinbefore more particularly described together with all houses outhouses buildings courts courtleges gardens ways paths waters watercourses easements privileges and advantages whatsoever to the same messuages or dwelling houses and hereditaments belonging or in any wise appertaining.
To Have and To Hold the said two several messuages or dwelling houses and gardens with their and every of their rights members and appurtenances unto the said Arthur Smale and Daniel Sleeman their executors administrators and assigns for a term of 1500 years to be computed from the day next before the day of the date of these presents and fully to be complete and ended without impeachment of or for any manner of waste but nevertheless upon the following trusts that is to say Upon Trust that they the said Arthur Smale and Daniel Sleeman or the survivor of them his executors administrators or assigns do and shall at any time or times hereafter when and if he or they shall think fit without any further consent or concurrence of the said John Sinclair his heirs executors administrators or assigns sell and absolutely dispose of the said two several messuages or dwelling houses and gardens with the appurtenances for all the residue and remainder which shall be then to come and unexpired of the said term of 1500 years either in one lot or in parcels and either by public auction or by private contract for the best price or prices which can reasonably be obtained for the same and assign and assure the same premises when sold to such person or persons as the purchaser or purchasers thereof shall direct.
And upon this further trust that they the said Arthur Smale and Daniel Sleeman or the survivor of them his executors administrators or assigns do and shall by with and out of the rents and profits if any which shall be received by him or them and also out of the monies which shall arise from such sale or sales as aforesaid in the first place retain unto and for himself and themselves the said principal sum of £200 together with interest for the same at the rate of £5 per centum per annum clear of all deductions and abatements whatsoever. And afterwards upon trust to pay the residue or overplus if any unto the said John Sinclair his executors administrators or assigns. And it is hereby declared and agreed by and between the said parties to these presents that every receipt which shall be given by the said Arthur Smale and Daniel Sleeman or the survivor of them his executors administrators or assigns for the rents and profits of the said premises if any which shall be received by him or them or for the purchase money which shall arise from such sale or sales as aforesaid shall be an effectual discharge and that the person or persons who shall pay such purchase money or trust money shall not be obliged to see the application thereof nor be obliged to inquire whether such sale or sales as aforesaid is or are necessary.
And further that every sale which shall be made and contract for sale which shall be entered into and conveyance which shall be executed by the said Arthur Smale and Daniel Sleeman or the survivor of them his executors administrators or assigns shall be binding and conclusive on the said John Sinclair his heirs executors and administrators. 
And the said John Sinclair doth hereby for himself his heirs executors and administrators covenant and agree with the said Arthur Smale and Daniel Sleeman their executors administrators and assigns that he the said John Sinclair his executors administrators or assigns shall or will on or before the 31st day of March now next ensuing punctually and properly pay or cause to be paid to the said Arthur Smale and Daniel Sleeman or the survivor of them his executors administrators or assigns the said principal sum of £200 of lawful money as aforesaid together with interest for the same at the rate aforesaid without any deduction or abatement whatsoever. 
And also that he the said John Sinclair now hath in himself good right full power and lawful and absolute authority to demise the said two several messuages or dwelling houses and gardens with the appurtenances in manner and upon the trusts aforesaid.
And that the said Arthur Smale and Daniel Sleeman or the survivor of them his executors administrators or assigns shall or lawfully may from and immediately after default shall have been made in payment of the said principal sum of £200 and interest or any part thereof contrary to the covenant hereinbefore contained for the payment thereof peaceably and quietly enter into and upon have hold occupy possess and enjoy the said two several messuages or dwelling houses and gardens with the appurtenances and receive and take the rents and profits thereof during the residue and remainder which shall be then to come and unexpired of the said term of 1500 years for his and their own use and benefit without any interruption or denial whatsoever. 
And that free and clear of all former and other charges and incumbrances whatsoever. 
And also that he the said John Sinclair his heirs executors and administrators and all other persons whomsoever having or rightfully claiming any estate right title trust or interest at law or in equity of in to or out of the said two several messuages or dwelling houses and gardens with the appurtenances or any part thereof shall and will at all times hereafter upon every reasonable request of the said Arthur Smale and Daniel Sleeman or of the survivor of them his executors administrators or assigns but at the costs and charges in all things of the said John Sinclair his executors administrators or assigns do any further lawful and reasonable act whatsoever for the more effectually or satisfactorily demising the said hereditaments and premises according to the true intent and meaning of these presents.
And moreover that he the said John Sinclair his executors administrators or assigns shall and will at his or their own expense keep the said messuages or dwelling houses insured from loss or damage by fire in the sum of £200 or upwards and permit and suffer the said Arthur Smale and Daniel Sleeman or the survivor of them his executors administrators or assigns to receive all such sums as may become payable by virtue of such insurance or such part thereof as may be necessary towards the liquidation of the said mortgage debt of £200 and interest.
And lastly by way of agreement and not so as in any event to affect any purchaser or purchasers under the trusts hereinbefore declared it is hereby mutually agreed between the said parties hereto that if any or either of them the said John Sinclair his heirs executors or administrators and Arthur Smale and Daniel Sleeman or the survivor of them his executors administrators or assigns according to their respective situations shall wish to pay off or call in the said principal sum of £200 then he or they shall give to the other party or leave at his or their usual place of residence in England six calendar months previous notice in writing of such intention.
In witness whereof the parties to these presents their hands and seals have hereunto set the day and year first above written.
Signed: the mark of John Sinclair

Endorsement on the back:
Received on the day and year first within written of the within named Arthur Smale and Daniel Sleeman the full consideration within mentioned to be paid by them to me £200.
Attested by: Charles Smale, H A Harvie, the mark of John Sinclair
Signed sealed and delivered by the within named John Sinclair in the presence of Charles Smale solicitor Bideford, H A Harvie.

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Document 5
On outside wrapper:
9th June 1823
Mr John Sinclair and others to Trustees for the Laudable Society
Assignment of a dwelling house and garden in Appledore to secure £150 and interest.

This indenture of four parts made 9th day of June in the year or our Lord 1823 between John Sinclair of Appledore in the county of Devon confectioner of the first part; Ann Phelp the wife of John Phelp of Pyworthy in the county of Devon who has a separate property independently of her husband of the second part; Arthur Smale of the parish of Whitstone in the county of Cornwall gentleman and Daniel Sleeman of Holsworthy in the said county of Devon joiner of the third part; and Leonard Wood of the parish of Westleigh in the said county of Devon gentleman, William Denbow of Bideford in the said county of Devon glover and Henry Puglsey of Bideford aforesaid maltster, trustees named on behalf of the Friendly Society called the Laudable Society established in Bideford aforesaid of the fourth part.
Whereas the said John Sinclair being legally possessed of or entitled to all that messuage or dwelling house with the appurtenances situate in Market Street in Appledore aforesaid and also of and in all that garden situate behind and adjoining the said dwelling house for the residues of three several terms of 2000 years each all which said premises were formerly in the occupation of Bartholomew Lamey since of Mary King and then of the said John Sinclair together with the use of a well of water in the courtledge of a dwelling house then or then lately in the occupation of Thomas Ching with liberty of passage to and from the said well to take and carry water from the said well in common with the occupiers of the dwelling houses in Appledore aforesaid then or then lately belonging to William Hernaman Samuel Tetherly George Brayley and Philip Lang but formerly the lands of Etheldred Beaple deceased did by an indenture of three parts bearing date on or about the 1st day of October 1821 and made between him the said John Sinclair of the first part, the said Ann Phelp of the second part, and the said Arthur Smale and Daniel Sleeman of the third part, grant bargain sell and demise the same with other property unto the said Arthur Smale and Daniel Sleeman their executors administrators and assigns for a term of 1500 years to be computed from the day next before the day of the date of the last mentioned indenture by way of mortgage with trusts for sale for receiving the repayment of the sum of £200 and interest on the 31st day of March then next.
And whereas the said John Sinclair has since paid off and discharged the sum of £50 in part of the said principal money and hath occasion for the sum of £150 for the purpose of paying off and discharging the residue of the same principal money all interest thereon having been paid up to the day of the date of these presents and the said Leonard Wood William Denbow and Henry Pugsley have agreed to advance and lend him the said sum of £150 out of the monies belonging to the said Laudable Society on the security of the assignment hereinafter contained.
Now this Indenture witnesseth that in consideration of the sum of £150 of lawful money of the United Kingdom of Great Britain and Ireland current in Great Britain to the said Arthur Smale and Daniel Sleeman now paid by the said Leonard Wood William Denbow and Henry Pugsley before the execution of these presents at the request and by the direction of the said John Sinclair testified by his executing these presents the receipt whereof in full satisfaction and discharge of all principal money and interest due and owing on the said in part recited indenture of mortgage the said Arthur Smale and Daniel Sleeman do hereby acknowledge and of and from the same sum and every part thereof do acquit release and discharge the said Leonard Wood William Denbow and Henry Pugsley and John Sinclair and every of them their and every of their heirs executors and administrators for ever by these presents they the said Arthur Smale and Daniel Sleeman as well at the request and by the direction of the said John Sinclair as of the said Ann Phelp testified by their severally executing these presents, Have and each of them Hath bargained sold and assigned and by these presents Do and each of them Doth bargain sell and assign and for the considerations aforesaid and also in consideration of ten shillings of lawful money as aforesaid to the said John Sinclair now paid by the said Leonard Wood William Denbow and Henry Pugsley the receipt whereof is hereby also acknowledged he the said John Sinclair Hath granted bargained sold assigned transferred and set over ratified and confirmed and by these presents Doth grant bargain sell assign transfer set over ratify and confirm unto the said Leonard Wood William Denbow and Henry Pugsley their executors administrators and assigns All that the said dwelling house and garden with the appurtenances situate in Appledore aforesaid herein before more particularly described and also assigned or intended so to be together with all houses outhouses buildings court courtyards gardens ways paths passages watercourses easements privileges and advantages whatsoever to the same messuage or dwelling house and garden belonging or in any wise appertaining.
To Have and To Hold the said messuage or dwelling house and garden and all and singular other the premises hereby assigned or intended so to be with the appurtenances unto the said Leonard Wood William Denbow and Henry Pugsley their executors administrators and assigns henceforth for and during all the residue and remainder now to come and unexpired of the said term of 1500 years therein but nevertheless upon the following trusts that is to say Upon Trust that they the said Leonard Wood William Denbow and Henry Pugsley their executors administrators or assigns do and shall at any time or times hereafter when and if they shall think fit without any further consent or concurrence of the said John Sinclair his executors administrators or assigns but without prejudice however to the right of action of the said John Sinclair his executors administrators or assigns under the covenant or agreement of the said Leonard Wood William Denbow and Henry Pugsley hereinafter sell and absolutely dispose of the said messuage or dwelling house and garden with the appurtenances for all the residue and remainder which shall be then to come and unexpired of the said term of 1500 years either in one lot or in parcels and either by public auction or by private contract for the best price or prices which can reasonably be obtained for the same and assign and assure the same premises when sold to such person or persons as the purchaser or purchasers thereof shall direct.
And upon this further trust that they the said Leonard Wood William Denbow and Henry Pugsley or the survivor of them his executors administrators or assigns do and shall by with and out of the rents and profits if any which shall be received by him or them and also out of the monies which shall arise from such sale or sales as aforesaid in the first place retain and defray the costs charges and expenses of and attending the execution of the trusts hereby in him and them reposed so as such costs charges and expenses shall not in the whole exceed the sum of £40. And in the next place do and shall retain unto himself and themselves the said principal sum of £150 together with interest for the same at the rate of £5 per centum per annum clear of all deductions and abatements whatsoever. And afterwards upon trust to pay the residue or overplus if any unto the said John Sinclair his executors administrators or assigns. And it is hereby declared and agreed by and between the said John Sinclair and the said Leonard Wood William Denbow and Henry Pugsley their executors administrators and assigns that every receipt which shall be given by the said Leonard Wood William Denbow and Henry Pugsley or the survivor of them his executors administrators or assigns for the rents and profits of the said premises if any which shall be received by him or them or for the purchase money which shall arise from such sale or sales as aforesaid shall be an effectual discharge and that the person or persons who shall pay such purchase money or trust money shall not be obliged to see the application thereof nor to inquire whether such sale or sales as aforesaid is or are necessary.
And further that every sale which shall be made and contract for sale which shall be entered into and assignment which shall be executed by the said Leonard Wood William Denbow and Henry Pugsley or the survivor of them his executors administrators or assigns shall be binding and conclusive on the said John Sinclair his executors administrators and assigns and the said John Sinclair doth hereby for himself his heirs executors and administrators covenant and agree with the said Leonard Wood William Denbow and Henry Pugsley their executors administrators and assigns that he the said John Sinclair his executors administrators or assigns shall or will on or before the 9th day of December next punctually and properly pay or cause to be paid to the said Leonard Wood William Denbow and Henry Pugsley or the survivor of them his executors administrators or assigns the said principal sum of £150 of lawful money as aforesaid together with interest for the same at the rate aforesaid without any deduction or abatement whatsoever and also shall and will immediately cause the said dwelling house to be insured with the Norwich Union Insurance Society against fire in the sum of £150 in the names of the said Leonard Wood William Denbow and Henry Pugsley and permit and suffer the said Leonard Wood William Denbow and Henry Pugsley or the survivor of them his executors administrators or assigns to receive such sum and sums of money as may become due and payable on account of such insurance in liquidation of the said mortgage debt and interest. And also that they the said John Sinclair Arthur Smale and Daniel Sleeman now have in themselves good right full power and lawful and absolute authority to assign transfer and set over the said messuage or dwelling house garden and premises with the appurtenances in manner and upon the trusts aforesaid and that they the said Leonard Wood William Denbow and Henry Pugsley or the survivor of them his executors administrators or assigns shall or lawfully may from and immediately after default shall have been made in payment of the said principal sum of £150 and interest or any part thereof contrary to the covenant hereinbefore contained for the payment thereof peaceably and quietly enter into and upon the said messuage or dwelling house and garden with the appurtenances and receive and take the rents and profits thereof during the residue and remainder which shall be then to come and unexpired of the said term of 1500 years for his and their own use and benefit without any interruption or denial whatsoever. And that free and clear of all former and other charges and incumbrances whatsoever and moreover that he the said John Sinclair his executors administrators and assigns and all other persons whomsoever having or rightfully claiming any estate right title trust or interest at law or in equity of in to or out of the said messuage or dwelling house and garden with the appurtenances shall and will at all times hereafter upon every reasonable request of the said Leonard Wood William Denbow and Henry Pugsley or the survivor of them his executors administrators or assigns and at the costs and charges of the said John Sinclair his executors administrators and assigns do any further lawful and reasonable acts whatsoever for the more effectually or satisfactorily assigning or assuring the said messuage or dwelling house and garden with the appurtenances according to the true intent and meaning of these presents.
And by way of agreement and not so as in any event to affect any purchaser or purchasers under the trusts for sale hereinbefore declared it is hereby mutually agreed between the said Leonard Wood William Denbow and Henry Pugsley and John Sinclair that no means whatsoever shall be taken for selling the said hereditaments and premises or for obtaining the possession or entering into the receipt of the rents and profits thereof until the expiration of six calendar months next after the said Leonard Wood William Denbow and Henry Pugsley or the survivor of them his executors administrators or assigns shall have given to the said John Sinclair his executors administrators or assigns or left at his or their last or most usual place of residence in England a notice in writing demanding the payment of the said principal sum of £150 and interest and default shall have been made in payment thereof contrary to the intent and meaning of such notice.
And lastly the said Arthur Smale and Daniel Sleeman do hereby for themselves their heirs executors and administrators covenant and agree with the said Leonard Wood William Denbow and Henry Pugsley their executors administrators and assigns that they the said Arthur Smale and Daniel Sleeman have not nor hath either of them at any time or times heretofore had made done committed permitted or suffered any act deed matter or thing whatsoever whereby or by means whereof the said messuage or dwelling house and garden with the appurtenances are is can shall or may be in any wise impeached charged affected or incumbered in title estate or otherwise howsoever.
In witness whereof the parties to these presents their hands and seals have hereunto set the day and year first hereinbefore written.
Signed: mark of John Sinclair, Ann Philp [sic], Arthur Smale, Daniel Sleeman, L.W., W.D., H.P.

Endorsement on the back:
Received on the day and year first within written of the within named Leonard Wood William Denbow and Henry Pugsley the sum of £150 being the full consideration within mentioned to be paid by them to us.
Witness: Arthur Smale, Daniel Sleeman.
Signed sealed and delivered by the within named Arthur Smale and Daniel Sleeman in the presence of John Philips junr.
Signed sealed and delivered by the within named Ann Phelp in the presence of John Philips junr.
Signed sealed and delivered by the within named John Sinclair in the presence of H. A. Harvie.

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Document 6
On outside wrapper:
23rd July 1828
Mrs Susanna Sinclair to Mr Bryant Bartlett
Settlement made prior to the marriage between Mrs Susanna Sinclair and Mr Thomas Endall.

This indenture of three parts made the 23rd day of July in the year of our Lord 1828.
Between Susanna Sinclair of Appledore in the parish of Northam and county of Devon widow of the first part, Thomas Endall of Northam aforesaid yeoman of the second part, and Bryant Bartlett of Bideford in the said county of Devon painter and glazier of the third part.
Whereas the said Susanna Sinclair by virtue of the last Will and Testament of her late husband John Sinclair deceased duly executed and attested and bearing date the 16th day of May 1827 is possessed of or entitled to a messuage or dwelling house and garden now in her own occupation situate in Market Street in Appledore aforesaid for the residues of three several terms of 2000 years each subject to the mortgage debt and interest due and owing thereon to the Trustees of a Friendly Society in Bideford called the Laudable Society.
And Whereas the said Susanna Sinclair carries on the trade or business of a confectioner in Appledore aforesaid and is possessed of or entitled to the stock in trade household goods furniture and effects mentioned and comprised in the schedule hereunder written.
And Whereas a marriage is intended by God’s permission to be solemnised between the said Susanna Sinclair and Thomas Endall shortly after the execution of these presents and upon the treaty for the said intended marriage it was agreed by and between the said Susanna Sinclair and Thomas Endall that the residues of the said terms of 2000 years in the said messuage or dwelling house and garden and also the said stock in trade household goods furniture and effects should be assigned transferred and set over unto the said Bryant Bartlett his executors administrators and assigns upon the trusts hereinafter declared.
Now this indenture witnesseth that in pursuance of the said agreement and in consideration of the said intended marriage and of five shillings of lawful money current in England to the said Susanna Sinclair paid by the said Bryant Bartlett before the execution of these presents the receipt whereof is hereby acknowledged she the said Susanna Sinclair with the privity consent and approbation of the said Thomas Endall testified by his being a party to and executing these presents Hath granted bargained sold assigned transferred and set over and by these presents Doth grant bargain sell assign transfer and set over unto the said Bryant Bartlett All that messuage or dwelling house and garden situate lying and being in Market Street in the town of Appledore aforesaid now in the occupation of the said Susanna Sinclair together with all houses outhouses buildings courts courtleges gardens ways paths waters watercourses easements privileges and advantages whatsoever to the same belonging or in any wise appertaining.
And also all and singular the stock in trade household goods furniture and effects mentioned and comprised in the schedule hereunder written and now lying and being in and upon the said messuage or dwelling house and garden with the appurtenances and all the estate right title term and terms for years Property possession claim and demand whatsoever at law and in equity or otherwise howsoever of her the said Susanna Sinclair of in and to the same messuage or dwelling house and garden stock in trade and effects with their appurtenances.
To Have and to Hold the said messuage or dwelling house and garden with the appurtenances and also the said stock in trade household goods and furniture and effects unto the said Bryant Bartlett his executors administrators and assigns as to the said messuage or dwelling house and garden with the appurtenances henceforth for and during the respective residues and remainders of the said three several terms of 2000 years therein and as to the said stock in trade and effects henceforth as and for his and their own goods chattels and effects. But upon the trusts nevertheless hereinafter declared concerning the same that is to say Upon Trust for the said Susanna Sinclair her executors administrators and assigns until the said intended marriage shall be duly solemnised and from and immediately after the solemnisation thereof Upon Trust that he the said Bryant Bartlett his executors or administrators do and shall stand possessed of and interested in the said messuage or dwelling house and garden with the appurtenances Upon Trust for such person or persons and for such term or terms interest or interests and in such manner in all respects as the said Susanna Sinclair at any time during her coverture shall by any deed or deeds instrument or instruments in writing to be by her legally executed direct limit or appoint and Upon this further Trust that he the said Bryant Bartlett his executors or administrators shall stand possessed of and interested in the said stock in trade goods furniture and effects and also of the said messuage or dwelling house and garden with the appurtenances in default of appointment www.rootschat.com/forum/index.php?topic=751906.0 to permit and suffer the said Susanna Sinclair to occupy and enjoy the said messuage or dwelling house and garden for so many years as shall run out and expire during the joint lives of them the said Susanna Sinclair and Thomas Endall or otherwise to pay and apply the rents and profits thereof unto or for the sole use and benefit of the said Susanna Sinclair for so many years as shall run out and expire during the joint lives of them the said Susanna Sinclair and Thomas Endall.
And upon trust to permit and suffer the said Susanna Sinclair to use manage and dispose of the said stock in trade in such manner as she shall think fit during the joint lives of the said Susanna Sinclair and Thomas Endall.
And upon trust to permit and suffer the said Susanna Sinclair and Thomas Endall to make use of the said stock household goods furniture and effects (except the said stock in trade) for their own benefit during their joint natural lives but not to sell the same or any part thereof.
And in case the same Susanna Sinclair shall happen to survive the said Thomas Endall Then Upon Trust that he the said Bryant Bartlett his executors or administrators do and shall from and immediately after the decease of the said Thomas Endall assign and transfer the said messuage or dwelling house and garden with the appurtenances and also the said stock in trade household goods furniture and effects unto the said Susanna Sinclair her executors administrators and assigns as to the said messuage or dwelling house and garden with the appurtenances for all the respective residues and remainders which shall be then to come and unexpired of the said three several terms of 2000 years therein respectively and as to the said stock in trade household goods furniture and effects thenceforth for ever for her and their own sole use benefit and disposal subject nevertheless as to the said messuage or dwelling house and garden to the mortgage debt and interest if any which shall be then due and owing thereon but in case the said Thomas Endall shall happen to survive the said Susanna Sinclair Then Upon Trust that he the said Bryant Bartlett his executors or administrators so and shall from and immediately after the decease of the said Susanna Sinclair as to the said messuage or dwelling house and garden in default of any such appointment as aforesaid operating in her lifetime and subject to any such appointment stand and be possessed of and interested in the said messuage or dwelling house and garden with the appurtenances and also the said stock in trade household goods furniture and effects upon trust for such person or persons and in such manner and in such shares and proportions as the said Susanna Sinclair notwithstanding her coverture shall by any deed or deeds instrument or instruments in writing by her last will and testament or any writing in the nature of her last will and testament such deed or deeds instrument or instruments or will to be by her legally executed direct or appoint and in default of such direction or appointment upon trust for the next of kin of the said Susanna Sinclair according to the statutes made for distribution of intestates effects provided always and it is hereby declared and agreed by and between the said Thomas Endall and Susanna Sinclair that in case the said stock in trade or any part thereof shall at any time or times hereafter be sold charged or disposed of and any other articles goods or stock be purchased or substituted in lieu or instead thereof then that such articles goods or stock as shall be so purchased or substituted in lieu or instead of the present stock in trade shall be held and be subject in every respect to the same trusts as are hereinbefore expressed and declared of and concerning the present stock in trade of the said Susanna Sinclair.
And the said Susanna Sinclair with the consent and approbation of the said Thomas Endall doth hereby grant unto the said Bryant Bartlett his executors and administrators full power and authority in the most ample and absolute manner in which the same can possibly be granted by her to enter into and upon the said messuage or dwelling house and garden now in the occupation of the said Susanna Sinclair or into any other place or places in which the said stock in trade household goods furniture and effects or any part thereof shall be found or kept and to take preserve or carry away the same or otherwise to manage or dispose thereof as may be necessary for carrying the aforesaid trusts into full and complete execution and effect.
And it is hereby declared and agreed by and between the said parties to these presents that the said Bryant Bartlett his executors and administrators shall not be answerable or accountable for any loss or losses which may happen in the execution of the trusts hereby in him and them reposed unless the same shall happen through his or their own willful neglect or default and that it shall be lawful for the said Bryant Bartlett his executors or administrators to reimburse himself and themselves out of the said property and effects such expenses as he or they maybe put to in the execution of the aforesaid trusts.
And Lastly the said Susanna Sinclair hath put the said Bryant Bartlett in full possession of the said stock in trade household goods furniture and effects by delivering to him one teaspoon in the name of Livery of Seizin of all and singular the stock in trade household goods furniture and effects hereinbefore mentioned and comprised in the schedule hereunder written.
In witness whereof the parties to these presents their hands and seals have hereunto set the day and year first above written.

The Schedule above referred to:
Stock in trade consisting of various articles of confectionery together with the utensils and fixtures to the value of £50 and upwards, 3 feather beds performed, 3 dressing tables, 1 wash-hand stand basin and jug, 1 night box, 5 bed seats, 2 bedside carpets, 1 bureau, 1 chest of drawers, 2 swing looking glasses, 3 window curtains, 3 mahogany tables, 1 large looking glass, 4 mahogany and other tea trays, 2 mahogany knife boxes, 1 head basket, 1 eight-day clock and case, 12 different sized pictures, 1 mahogany tea-caddy, 2 other tea caddies, 2 pair of steel snuffers with stands, 1 copper coal scuttle, 3 sets of polished fire irons, 3 fenders, 2 pair of bellows, 1 Bath stove, 1 polished grate, 12 chairs, 1 large arm chair, 4 deal tables, 2 copper tea kettles, 2 boilers, 1 copper bed pan, 4 saucepans, 2 brass kettles, 6 silver table spoons, 7 silver tea spoons, 2 silver salt spoons, 1 pair of silver sugar tongs, 1 large family Bible and various other books, 1 pair of glass decanters with stands, a large quantity of glass china and earthenware, 2 dozen of knives and forks, 1 silver watch, 4 gold rings, 6 table cloths, 6 napkins and various other cloths, 1 brass footman, 3 pair of brass candlesticks, 1 copper warmer and other articles and utensils.

Signed: the mark of Susanna Sinclair, Thomas Endall, Bryant Bartlett.

Endorsement on the back:
Signed sealed and delivered by all the within named parties and 1 tea-spoon delivered in the name of livery of seizin in the presence of H.A. Harvie, Bideford.

[Note: A ‘Livery of Seizin’ is a now disused ceremony for conveyance of land by the symbolic transfer of a key, twig, or turf or by symbolic entry of the grantee.]

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Document 7
On outside wrapper:
24th June 1829
Mrs Susanna Endall and her trustee to Mr John Thomas
Appointment demise and assignment of three several terms of 2000 years in a dwelling house and garden in Appledore Devon.

This indenture of three parts made on the 24th day of June in the year of our Lord 1829.
Between Susanna Endall the wife of Thomas Endall of Appledore in the parish of Northam in the county of Devon yeoman of the first part, Bryant Bartlett of Bideford in the said county painter and glazier of the second part, and John Thomas also of Appledore aforesaid mariner of the third part.
Whereas by an indenture of assignment bearing date in or about the month of August 1821 and made between John Reeson yeoman of the one part, and John Sinclair confectioner of the other part, a messuage or dwelling house and garden with the appurtenances situate in Market Street in Appledore aforesaid therein and hereinafter more particularly described were for a valuable consideration assigned unto the said John Sinclair his executors administrators and assigns thenceforth for and during all the residues and remainders of three several terms of 2000 years therein.
And Whereas by an indenture of three parts bearing date on or about the 28th day of September 1821 and made between the said John Sinclair of the first part, Ann Phelp therein described of the second part, and Arthur Smale gentleman and Daniel Sleeman joiner of the third part, the said messuage or dwelling house garden and premises were with other hereditaments demised unto the said Arthur Smale and Daniel Sleeman for a term of 1500 years to be computed from the day next before the day of the date thereof without impeachment of waste upon trust for sale for securing the repayment of the principal sum of £200 and interest at the rate of £5 per centum per annum.
And Whereas by an indenture of four parts dated on or about the 4th day of June 1823 made between the said John Sinclair of the first part, the said Ann Phelp of the second part, the said Arthur Smale and Daniel Sleeman of the third part, and Leonard Wood gentleman William Denbow glover and Henry Pugsley maltster trustees named on behalf of a Friendly Society called the ‘Laudable Society’ established in Bideford aforesaid of the fourth part, after reciting therein the hereinbefore recited indenture of demise of the 28th day of September 1821 and that the said John Sinclair had paid off and discharged the sum of £50 part of the principal money thereby secured and that the said Leonard Wood William Denbow and Henry Pugsley at the request of the said John Sinclair had agreed to advance the sum of £150 for the purpose of paying off the residue of the said mortgage debt of £200 all interest thereon having been previously paid the said Arthur Smale Daniel Sleeman and John Sinclair according to their respective estates and interests did assign transfer and set over ratify and confirm unto the said Leonard Wood William Denbow and Henry Pugsley their executors administrators and assigns the said messuage or dwelling house garden and premises thenceforth for the residue of the said term of 1500 years therein upon trust for sale for securing repayment of the said principal sum of £150 and interest at the rate of £5 per centum per annum.
And Whereas the said John Sinclair afterwards departed this life having previously made and duly published his last will and testament in writing bearing date on or about the 16th day of May 1827 whereby he gave and bequeathed unto his wife the said Susanna Endall then Susanna Sinclair the said messuage or dwelling house and premises in the following words “I give unto my lawful wife Susan Sincler [sic] whom I appoint my executrix my dwelling house situated and lying in Appledore with all and everything else which I am or may be possessed of at my decease”.
And Whereas by indenture of three parts bearing date on or about the 23rd day of July 1828 made between the said Susanna Sinclair now the said Susanna Endall of the first part, Thomas Endall of Northam aforesaid yeoman of the second part, and the said Bryant Bartlett of the third part, reciting among other things that the said Susanna Sinclair was possessed of the messuage or dwelling house and garden hereinafter more particularly described for the residues of three several terms of 2000 years each subject to the hereinbefore mentioned mortgage debt of £150 and interest and that a marriage was intended to be solemnised between the said Susanna Sinclair and Thomas Endall and that upon the treaty for the said intended marriage it was agreed that the said messuage or dwelling house and garden should be assigned to the said Bryant Bartlett his executors administrators and assigns for the residues of the said three terms of 2000 years each upon the trusts in the now reciting indenture declared. It is witnessed that the said Susanna Sinclair with the privity and consent of the said Thomas Endall did grant bargain sell assign transfer and set over unto the said Bryant Bartlett his executors administrators and assigns the said messuage or dwelling house and garden hereinafter more particularly described for and during the then respective residues of the said three several terms of 2000 years therein upon trust for the said Susanna Sinclair her executors administrators and assigns until the said intended marriage should take effect and after the solemnisation thereof upon trust for such person or persons and for such term or terms interest or interests as the said Susanna Sinclair at any time during her coverture should by any deed or deeds instrument or instruments in writing to be by her legally executed direct limit or appoint.
And Whereas the said intended marriage was shortly afterward duly had and solemnised.
And Whereas there is now due and owing for principal money on the last in part recited mortgage the sum of £150.
And Whereas the said Susanna Endall hath contracted and agreed with the said John Thomas for the absolute sale to him of the said messuage or dwelling house garden and premises for the now residues of the said three terms of 2000 years therein subject to the last hereinbefore in part recited mortgage thereof for the price or sum of £100.
Now this indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of £100 of lawful English money to the said Susanna Endall paid by the said John Thomas at or before the execution of these presents the receipt whereof the said Susanna Endall doth hereby acknowledge and from the same sum doth acquit release and discharge the said John Thomas his heirs executors administrators and assigns for ever by these presents she the said Susanna Endall in exercise and execution of the power or authority reserved to her by the hereinbefore recited indenture of the 23rd day of July 1828 and in exercise and execution of all other powers and authorities in any wise enabling her in this behalf Doth by this present deed or instrument in writing by her legally executed direct limit and appoint and by way of further assurance Doth grant bargain sell transfer and set over ratify and confirm unto the said John Thomas his executors administrators and assigns.
And this indenture witnesseth that in consideration of the further sum of five shillings to the said Bryant Bartlett paid by the said John Thomas the receipt whereof is hereby acknowledge. He the said Bryant Bartlett at the request and by the direction and appointment of the said Susanna Endall testified by her being a party to and executing these presents Doth bargain sell assign transfer and set over unto the said John Thomas his executors administrators and assigns All that messuage or dwelling house with the appurtenances situate in Market Street in Appledore aforesaid and also the garden situate behind and adjoining the said dwelling house all which said premises were formerly in the occupation of Bartholomew Lamey afterwards the said John Reeson and now of the said Susanna and Thomas Endall together with the use of a well of water in the courtlege of a dwelling house now or late in the occupation of Thomas Ching with liberty of passage to and from the said well to take and carry away water from the said well in common with the occupiers of the dwelling houses in Appledore aforesaid now or late belonging to William Hernaman Samuel Tetherly George Brayley and Philip Lang but formerly the lands of Ethelred Beaple deceased together with all houses outhouses buildings courts courtleges gardens ways paths waters watercourses easements privileges and advantages whatsoever to the same premises belonging and appertaining. And all the estate right title interest term or terms for years property claim and demand whatsoever both at law and in equity or otherwise howsoever of them the said Susanna Endall and Bryant Bartlett of in and to the same and every part thereof.
To have and to hold the said messuage or dwelling house and garden and all and singular other the premises hereby appointed and assigned or otherwise assured or intended so to be with the appurtenances (subject nevertheless to the hereinbefore recited indenture of mortgage of the 4th day of June 1823 and to the payment of the said sum of £150 now due and owing for principal money thereon as aforesaid and subject to such further sums as shall henceforth become due for interest thereon) unto the said John Thomas his executors administrators and assigns as to fourteen and [a] half undivided thirty fifth parts thereof henceforth for and during all the residue and remainder of a term of 2000 years therein created by an indenture bearing date on or about the 22nd day of December 1818 as to twelve and [a] half undivided thirty fifth parts thereof henceforth for and during all the residue and remainder of another term of 2000 years therein created by the said indenture bearing date on or about the 22nd day of December 1818 and as to the remaining eight undivided thirty fifth parts henceforth for and during all the residue and remainder of another term of 2000 years therein created by an indenture bearing date on or about the 6th day of May 1820.
And the said Susanna Endall doth hereby for herself her executors and administrators covenant and agree with the said John Thomas his executors administrators and assigns that notwithstanding act deed matter or thing whatsoever done committed permitted or suffered to the contrary by the said Susanna Endall or the said John Sinclair deceased the said three several terms of 2000 years or the respective residues thereof are good valid and subsisting and not merged forfeited surrendered or become void or voidable. And that notwithstanding any such act deed matter or thing as aforesaid the said Susanna Endall and Bryant Bartlett now have in themselves or one of them now hath in herself or himself lawful or absolute authority by these presents to appoint and assign the messuage or dwelling house and premises hereby assigned or intended so to be unto the said John Thomas his executors administrators and assigns in manner aforesaid according to the true intent and meaning of these presents. And further that it shall be lawful for the said John Thomas his executors administrators and assigns henceforth at all times hereafter during the continuance of the said three terms of 2000 years respectively or either of them peaceably and quietly to enter into and upon have hold use occupy possess and enjoy the messuage or dwelling house and premises hereby assigned or intended so to be and to receive and take the rents and profits thereof without any interruption or denial whatsoever of from or by the said Susanna Endall and Bryant Bartlett their executors administrators or assigns or any person or persons lawfully or equitably and rightfully claiming or to claim the same premises by from through and or in trust for them the said Susanna Endall and Bryant Bartlett or the said John Sinclair deceased (except under and by virtue of the hereinbefore recited indenture of mortgage of the 4th day of June 1823 in respect of the said principal sum of £150 and interest. And free and clear and freely clearly and absolutely acquitted exonerated release and discharge or otherwise by her the said Susanna Endall her heirs executors or administrators at her or their own expense well and sufficiently protected defended saved harmless and kept indemnified of from and against all former and other estates titles troubles liens charges and incumbrances whatsoever at any time or times heretofore and to be at any time hereafter made done committed occasioned or suffered by the said Susanna Endall her executors or administrators or any person or persons lawfully or equitably and rightfully claiming or to claim by from through under or in trust for her or the said John Sinclair deceased other than and except the hereinbefore recited indenture of mortgage of the 4th day of June 1823 and the said principal sum of £150 and the interest henceforth to become due thereon.
And moreover that she the said Susanna Endall her executors and administrators and all persons whomsoever having or rightfully claiming or to claim any estate or interest in or to the messuage or dwelling house and premises hereby assigned or intended so to be by from under or in trust for her or the said John Sinclair deceased (other than and except under and by virtue of the hereinbefore recited indenture of mortgage of the 4th day of June 1823 and the said and the said principal sum of £150 and the interest) shall and will at all times hereafter upon every reasonable request and at the expense of the said John Thomas his executors administrators and assigns make do and execute or cause to be made done and executed all such further lawful and reasonable assignments and assurances whatsoever for more effectually or satisfactorily assigning or assuring the said messuage or dwelling house and premises hereby assigned or intended so to be unto the said John Thomas his executors administrators and assigns thenceforth for and during all the then unexpired residues and remainders of the said terms of 2000 years respectively according to the true intent and meaning of these presents as by the said John Thomas his executors administrators or assigns or his or their counsel in the law shall be reasonably advised or devised and required.
And lastly that she the said Susanna Endall her executors administrators or assigns shall and will (unless prevented by some inevitable accident) on every reasonable request and at the costs and charges in all things of the said John Thomas his executors administrators and assigns produce on every reasonable and proper occasion to the said John Thomas his executors administrators and assigns or and other person or persons whom he or they shall appoint there hereinbefore in part recited indenture of settlement of the 23rd day of July 1828 and also the original will of the said John Sinclair deceased hereinbefore mentioned or any office copy thereof.
And the said John Thomas doth hereby for himself his executors and administrators covenant and agree to and with the said Susanna Endall her executors administrators and assigns that he the said John Thomas his executors administrators or assigns shall and will pay or cause to he paid the said mortgage debt of £150 and all interest which shall hereafter become due thereon and effectually indemnify and save harmless the said Susanna Endall her heirs executors and administrators and her and their lands tenements goods chattles and effects of from and against all claims and demands costs charges and expenses whatsoever which may hereafter be occasioned by reason of the non payment of the said principal money and interest or any part thereof.
In Witness whereof the parties to these presents their hands and seals have hereunto set the day and year first hereinbefore written.
Signed: (the mark of) Susanna Endall, Bryant Bartlett, John Thomas.

Endorsement on the back:
Received on the day and year first within written of the within named John Thomas the sum of £100 being the full consideration within mentioned to be paid by him to me.
Witnessed: H A Harvie, A M Price, the mark of Susanna Endall.
Signed sealed and delivered by all the within named parties in the presence of H.A. Harvie, A M Price.

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Document 8
On outside wrapper:
19th February 1834
Mr John Thomas and his mortgagee to Mr Richard Yeo
Assignment of a dwelling house garden and premises at Appledore in the parish of Northam – Devon
To secure £150 and interest.

This Indenture made the 19th day of February 1834
Between John Thomas of Appledore in the parish of Northam in the county of Devon master mariner of the first part, Henry Pugsley of Bideford in the said county maltster of the second part, and Richard Yeo of Stratton in the county of Cornwall master mariner of the third part.
Whereas by an indenture bearing date on or about the 9th day of June 1823 and made between John Sinclair confectioner (since deceased) of the first part, Ann Phelp of the second part, Arthur Smale gentleman and Daniel Sleeman carpenter of the third part, and Leonard Wood gentleman William Denbow glover and the said Henry Pugsley (the then trustees of a Friendly Society called the Laudable Society established in Bideford aforesaid) of the fourth part, the messuage or dwelling house garden and premises hereinafter more particularly described and assigned or otherwise assured with the appurtenances were assigned unto the said Leonard Wood William Denbow and Henry Pugsley their executors administrators and assigns thenceforth for the residue of a term of 1500 years therein (which term was created by an indenture of demise dated on or about the 1st day of October 1821 and made between the said John Sinclair of the first part, the said Ann Phelp of the second part, and the said Arthur Smale and Daniel Sleeman of the third part) upon trust for sale for securing unto the said Leonard Wood William Denbow and Henry Pugsley the repayment of the sum of £150 then lent by them out of the funds of the said Society with interest at the rate of £5 per centum per annum.
And whereas by an indenture dated the 24th day of June 1829 and made between Susanna Endall the wife of Thomas Endall of Appledore aforesaid yeoman (formerly Susanna Sinclair the wife of the said John Sinclair deceased) of the first part, Briant Bartlett of the second part, and the said John Thomas of the third part, the said hereditaments and premises were for the valuable pecuniary consideration in the now reciting indenture expressed appointed and assigned (subject to the hereinbefore in part recited indenture of mortgage and to the principal money and interest thereby secured) unto the said John Thomas his executors administrators and assigns thenceforth for the residues and remainders of three several terms of 2000 years therein which were created prior to the commencement of the said term of 1500 year.
And whereas the said Leonard Wood and William Denbow have both since departed this life.
And whereas the said principal sum of £150 now only remains due on the hereinbefore in part recited indenture of mortgage as the said Henry Pugsley doth hereby acknowledge.
And whereas the said John Thomas has requested the said Richard Yeo to lend him the sum of £150 for the purpose of paying off the said principal money so due to the said Henry Pugsley as aforesaid and the said Richard Yeo has agreed to advance the same (out of certain monies held by him in trust for the benefit of the children of Thomas Johns late of Holsworthy maltster deceased) on the security hereinafter contained.
Now this indenture witnesseth that in consideration of the sum of £150 sterling to the said Henry Pugsley paid by the said Richard Yeo immediately before the execution of these presents (at the request and by the direction of the said John Thomas testified by his executing these presents) the receipt whereof in full payment and discharge of all principal money and interest now due and owing on the hereinbefore in part recited indenture of mortgage the said Henry Pugsley doth hereby acknowledge and from the same sum doth hereby for ever release and discharge the said Richard Yeo and John Thomas respectively and their respective heirs executors administrators and assigns and also the said mortgaged premises.
He the said Henry Pugsley (at the request and by the direction of the said John Thomas testified as aforesaid and so far as he lawfully can or may but not further or otherwise) Doth by these presents bargain sell assign transfer and set over and the said John Thomas Doth grant bargain sell assign transfer set over ratify and confirm unto the said Richard Yeo his executors administrators and assigns All that messuage or dwelling house with the appurtenances situate in Market Street in Appledore aforesaid and also the garden situate behind and adjoining the said dwelling house all which said premises were formerly in the occupation of Bartholomew Lamey afterwards of John Reeson since of the said Susanna and Thomas Endall and now of the said John Thomas and his tenant or tenants together with the use of a well of water in the courtlege of a dwelling house now of late in the occupation of Thomas Ching with liberty of passage to and from the said well to take and carry away water from the said well in common with the occupiers of the dwelling house in Appledore aforesaid now or late belonging to William Hernaman Samuel Tetherly George Brayley and Philip Lang but formerly the lands of Ethelred Beaple deceased together with all houses outhouses buildings courts courtleges gardens ways paths waters watercourses easements privileges and advantages whatsoever to the same premises belonging or appertaining. And all the estate right title interest term and terms of years property claim and demand whatsoever both legal and equitable or otherwise howsoever of him the said Henry Pugsley of in and to the same with the appurtenances.
To have and to hold the said messuage or dwelling house and garden and all other the hereditaments and premises hereinbefore described and hereby assigned or otherwise assured with their appurtenances unto the said Richard Yeo his executors administrators and assigns henceforth for and during all the residue and remainder now to come and unexpired of the said term of 1500 years therein without impeachment for waste but nevertheless upon the following trusts that is to say Upon Trust that the said Richard Yeo his executors administrators or assigns do and shall at any time or times hereafter when and if he or they shall think fit without any further consent or concurrence of the said John Thomas his executors administrators or assigns sell and absolutely dispose of the said messuage or dwelling house garden and premises with the appurtenances for all the residue and remainder which shall be them to come and unexpired of the said term of 1500 years therein either in one lot or in parcels and either by public auction or by private contract for the best price or prices which can reasonably be obtained for the same and assign and assure the same premises when sold to such person or persons as the purchaser or purchasers thereof shall direct and upon this further trust that he the said Richard Yeo his executors administrators or assigns do and shall by with and out of the rents and profits of the said premises (if any) which shall be received by him or them and also out of the purchase money which shall arise from any such sale or sales as aforesaid in the first place retain and defray the expenses attending the execution of the trusts hereby created and in the next place do and shall retain the said principal sum of £150 together with interest for the same sum at the rate of £5 per centum per annum clear of all deductions whatsoever and afterwards upon trust to pay the overplus (if any) unto the said John Thomas his executors administrators or assigns.
And it is hereby declared by the parties to these presents that every receipt which shall be given by the said Richard Yeo his executors administrators or assigns for any monies which shall be received by him or them by virtue of these presents shall be an effectual discharge and that the person or persons who shall pay any such monies shall not be obliged to see the application thereof nor to enquire whether such sale or sales as aforesaid is or are necessary. And that the said Richard Yeo his executors administrators or assigns shall not be accountable for more monies than he or they shall actually receive by virtue of these presents nor for involuntary losses and also that every sale contract for sale and assignment which shall be made enter into or executed by the said Richard Yeo his executors administrators or assigns shall be binding and conclusive on the said John Thomas his executors administrators and assigns.
And the said John Thomas doth hereby for himself his heir executors and administrators covenant and agree with the said Richard Yeo his executors administrators and assigns that he the said John Thomas his executors administrators or assigns shall or will on or before the 19th day of August next punctually pay or cause to be paid to the said Richard Yeo his executors administrators or assigns the said principal sum of £150 sterling as aforesaid together with interest for the same at the rate aforesaid without any deduction or abatement whatsoever and also that the said term of 1500 years or the now residue thereof is good valid and subsisting and that they the said John Thomas and Henry Pugsley now have in themselves or one of them now hath in himself good right and full power to assign the hereditaments and premises hereby assigned or intended so to be with the appurtenances in manner and upon the trusts aforesaid and that the said Richard Yeo his executors administrators or assigns lawfully may immediately after default shall have been made in payment of the said principal sum of £150 and interest or any part thereof contrary to the covenant herein contained for that purpose peaceably enter into hold and enjoy the said messuage or dwelling house garden and premises with the appurtenances and receive and take the rents and profits thereof during the residue which shall be then to come and unexpired of the said term of 1500 years therein without any interruption or denial whatsoever.
And moreover that he the said John Thomas his executors and administrators and all persons whomsoever having or claiming any estate term trust or interest whatsoever of in to or out of the said hereditaments and premises hereby assigned with the appurtenances shall and will at all times hereafter during the continuance of the said term of 1500 years upon every reasonable request of the said Richard Yeo his executors administrators or assigns and at the costs and charges of the said John Thomas his executors administrators or assigns do any further lawful and reasonable act or acts whatsoever for more satisfactorily assigning or otherwise assuring the said hereditaments and premises hereby assigned or intended so to be with the appurtenances unto the said Richard Yeo his executors administrators and assigns according to the true intent of these presents.
And lastly the said Henry Pugsley doth hereby for himself his executors and administrators covenant with the said Richard Yeo his executors administrators and assigns that he the said Henry Pugsley hath not at any time heretofore knowingly done or permitted any act deed or thing whatsoever whereby the parties to these presents their hands and seals have hereunto set the day and year first above written.
Signed: John Thomas, (the mark of) Henry Pugsley, Richard Yeo.

Endorsement on the back:
Received on the day and year first within written of the within named Richard Yeo the sum of £150 being the full consideration within mentioned to be paid by him to me.
The mark of Henry Pugsley, attested by Jno Whidborne.
Signed sealed and delivered by the within named John Thomas, Henry Pugsley in the presence of Jno Whidborne.
Signed sealed and delivered by the within named Richard Yeo in the presence of James Lee clerk to Smale and Harvie solicitors Bideford.

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Document 9
On outside wrapper:
19th February 1834
Mr John Thomas and Mr Richard Yeo
Agreement for giving 6 months notice previous to the sale of the within mortgaged premises

An agreement entered into this 19th day of February 1834.
Between Richard Yeo of Stratton in the county of Cornwall master mariner of the one part, and John Thomas of Appledore in the parish of Northam in the county of Devon master mariner of the other part.
Whereas by an indenture bearing even date herewith and made between the said John Thomas of the first part, Henry Pugsley maltster of the second part, and the said Richard Yeo of the third part, all that messuage or dwelling house with the appurtenances situate in Market Street in Appledore aforesaid and also the garden situate behind and adjoining the said dwelling house, all which said premises were formerly in the occupation of Bartholomew Lamey afterwards of John Reeson since of Susanna and Thomas Endall and now of the said John Thomas and his tenant or tenants together with the use of a well of water in the courtlege of a dwelling house now or late in the occupation of Thomas Ching with liberty of passage to and from the said well to take and carry away water from the said well in common with the occupiers of the dwelling houses in Appledore aforesaid now or late belonging to William Hernaman Samuel Tetherly George Brayley and Philip Lang but formerly the lands of Ethelred Beaple deceased were assigned and transferred by the said Henry Pugsley and John Thomas unto the said Richard Yeo his executors administrators and assigns thenceforth for all the then unexpired residue of a term of 1500 years therein without impeachment or waste upon trust for sale for securing the repayment with the said Richard Yeo his executors administrators and assigns of the sum of £150 with interest for the same at the rate of £5 per centum per annum on the 19th day of August next.
Now it is hereby mutually declared and agreed by and between the said parties hereto and the said Richard Yeo doth hereby for himself his heirs executors and administrators promise and agree with the said John Thomas his executors administrators and assigns that no steps whatsoever shall be taken by him the said Richard Yeo his executors administrators or assigns for selling the said messuage or dwelling house garden and premises with the appurtenances or any part thereof until the expiration of 6 calendar months next after the said Richard Yeo his executors administrators or assigns shall have given to the said John Thomas his executors administrators or assigns or left at his or their last or most usual place of residence in England a notice in writing demanding the payment of the said principal sum of £150 and interest and default shall have been made in payment thereof contrary to the intent and meaning of such notice.
In witness whereof the said parties have hereunto set their hands the day and year first hereinbefore written.
Signed in the presence of: H A Harvie, Richard Yeo, John Thomas.

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Document 10
On outside wrapper:
15th September 1848
Mr John Thomas to Mr John Kellaway
Demise of two dwelling houses garden and premises in Appledore Devon upon trusts for sale for securing £100 and interest

This Indenture made the 15th day of September 1848
Between John Thomas of Appledore within the parish of Northam in the county of Devon Master Mariner of the one part, and John Kellaway of Hartland in the said county of the other part.
Whereas the said John Thomas is now lawfully and rightfully possessed of interested in and well entitled unto fourteen and a half undivided thirty fifth parts of and in the hereditaments and premises hereinafter described and hereby demised for and during the residue of a term of 2000 years created therein by indenture dated the 22nd day of December 1818 and made between William Hernaman of the first part, Samuel Tetherly of the second part, and John Reeson of the third part. And the said John Thomas is also lawfully and rightfully possessed of interested in and well entitled unto twelve and a half undivided thirty fifth parts of and in the same hereditaments and premises hereinafter described and hereby demised for the residue of another term of 2000 years created therein by the said indenture of the 22nd day of December 1818.
And whereas the said John Thomas is likewise lawfully and rightfully possessed of interested in and well entitled unto eight undivided thirty fifth parts of and in the said hereditaments and premises hereinafter described and hereby demised for the residue of another term of 2000 years created therein by indenture dated the 6th day of May 1820 and maid between George Brayley of the one part, and the said John Reeson of the other part.
And Whereas the said John Thomas having occasion for a loan of the sum of £100 hath requested the said John Kellaway to lend the same to him which he hath agreed to do on having the repayment thereof with interest secured as hereinafter mentioned.
Now this indenture witnesseth that in consideration of the sum of £100 of lawful money of Great Britain to the said John Thomas lent and paid by the said John Kellaway immediately before the execution of these presents the receipt whereof the said John Thomas doth hereby acknowledge and therefrom doth release and discharge the said John Kellaway his heirs executors administrators and assigns forever by these presents. He the said John Thomas doth by these presents grant bargain sell and demise unto the said John Kellaway his executors administrators and assigns all those two messuages or dwelling houses (lately one dwelling house) with the appurtenances situate in Market Street in Appledore aforesaid and also the garden situate behind and adjoining the said dwelling houses all which said premises were formerly in the occupation of Barthelomew Lamey afterwards of John Reeson then of Susan and Thomas Endall since of the said John Thomas but now of James Berry and Mary Lowther.
And all houses edifices buildings ways paths waters watercourses easements privileges advantages and appurtenances whatsoever to the said hereditaments and premises hereby demised belonging or appertaining. And all the estate right title interest term and terms for years possession benefit property claim and demand whatsoever at law or in equity of him the said John Thomas of in to or out of the said hereditaments and premises hereby demised and every part and parcel thereof. And all deeds and evidences of title relating thereto.
To have and to hold the said two messuages or dwelling houses and garden and all and singular other the premises hereby granted and demised and every part thereof with their appurtenances unto the said John Kellaway his executors administrators and assigns henceforth for and during and unto the full end and term of 1900 years without impeachment of or for any manner of waste. But nevertheless upon the following trusts (that is to say) Upon Trust that he the said John Kellaway his executors administrators or assigns shall or lawfully may at any time or times after the expiration of six calendar months from the date hereof in case the said sum of £100 and interest thereof at the rate of £5 per centum per annum or any part thereof shall be then due on giving six calendar months previous notice in writing to the said John Thomas his executors administrators or assigns or leaving the same at his or their last or usual place of abode in England or by affixing such notice on some conspicuous part of the said dwelling houses hereby demised make sale and absolutely dispose of the said hereditaments and premises hereby demised or any part thereof for all the then residue of the said term of 1900 years and either by public auction or private contract in one or more lot or lots and at one time or at several times and without and even against the consent of the said John Thomas his executors administrators or assigns. And assign and assure the same hereditaments and premises or such part or parts thereof as shall be sold to such person or persons as the purchaser or purchasers whereof shall direct. And by and out of the money arising therefrom do and shall in the first place deduct retain and reimburse himself and themselves the costs and expenses incurred in the execution of the trusts hereby in him and them reposed. And in the next place do and shall retain and pay to himself the said John Kellaway his executors administrators or assigns the said sum of £100 and all interest then due for the same at the rate aforesaid and after payment of the said principal money and interest costs and expenses.
Then upon trust to pay the overplus money (if any) remaining unapplied for the purposes aforesaid and to reconvey or assign such parts of the said hereditaments as shall remain unsold unto the said John Thomas his executors administrators or assigns or as he or they shall direct.
Provided always and it is hereby declared and agreed by and between the said parties hereto that the receipt or receipts of the said John Kellaway his executors administrators or assigns for the purchase money or trust money which shall come to his or their hands by virtue hereof shall be effectual discharges or an effectual discharge and that the person or persons who shall pay such purchase money or trust money shall not be obliged to see to the application thereof. Nor be answerable for the misapplication or non application thereof. Nor to enquire whether any such notice as aforesaid shall have been given. Nor be affected by express knowledge that no such notice hath been given. Nor be obliged to enquire whether any such sale or sales is or are necessary for the purposes aforesaid and shall and may hold and enjoy the hereditaments and premises so to be purchased discharged from all claims and demands whatsoever of the said John Thomas his executors administrators or assigns.
And further that he the said John Kellaway his executors administrators or assigns shall not be answerable for any money than he or they shall actually receive. Nor for involuntary losses.
Provided also that whenever the interest of the said sum of £100 or any part thereof shall be in arrear for one calendar month next after any yearly day of payment which is hereby declared to be the 15th day of September in every year it shall be lawful for the said John Kellaway his executors administrators or assigns into and upon the said hereditaments and premises hereby demised to enter and distrain for the same interest and the arrears thereof and the distresses so taken to deal with and dispose of in the same manner as landlords are authorised to do in respect to distresses for rent reserved upon leases for years.
And the said John Thomas doth hereby for himself his heirs executors and administrators covenant and agree with the said John Kellaway his executors administrators and assigns that he the said John Thomas his heirs executors administrators or assigns shall and will on the 15th day of March next punctually pay or cause to be paid unto the said John Kellaway his executors administrators or assigns the said sum of £100 together with interest for the same at the rate of £5 per centum per annum all of lawful money of Great Britain without any deduction whatsoever.
And also that he the said John Thomas now hath in himself good right full power and lawful and absolute authority by these presents to grant and demise the said hereditaments and premises hereby demised unto the said John Kellaway his executors administrators and assigns in manner and upon the trusts aforesaid.
And further that it shall be lawful for the said John Kellaway his executors administrators or assigns at all times hereafter during the said term of 1900 years to enter into and upon have hold and enjoy the said hereditaments and premises and receive and take the rents issues and profits thereof without any interruption whatsoever from or by the said John Thomas or any other person or persons whomsoever. And that free from all incumbrances whatsoever. And moreover that he the said John Thomas and all other persons whomsoever lawfully claiming or to claim any estate right title or interest in or to the said hereditaments and premises shall at all times hereafter upon every reasonable request of the said John Kellaway his executors administrators or assigns but at the expense of the said John Thomas his executors administrators or assigns make do and execute all such further and other lawful and reasonable acts deeds and assurances in the law whatsoever as may be necessary for more effectually or satisfactorily demising and assuring the same hereditaments and premises unto the said John Kellaway his executors administrators or assigns in manner and upon the trusts aforesaid.
And lastly that he the said John Thomas his executors administrators or assigns shall at his or their own expense so long as the said sum of £100 and interest or any part thereof shall remain due insure and keep insured the said dwelling houses hereby demised against loss or damage by fire in the name of the said John Kellaway his executors administrators or assigns in the sum of £150 at the least in some public fire insurance office in England and shall permit his or them to receive all monies to become due upon such insurance upon the same trusts as are hereinbefore declared respecting the monies to arise from such sale or sales as aforesaid.
In witness whereof the said parties to these presents their hands and seals have hereunto set the day and year first aforesaid.
Signed: John Thomas.

Endorsed on the back:
Received the day and year first within written from the within named John Kellaway the sum of £100 the full consideration money within mentioned to be paid by him to me. Signed: John Thomas.
Attested by: R H Buse, R Buse.
Signed sealed and delivered by the within named John Thomas in the presence of R H Buse of Bideford.
4th December 1849 – Received of Mr Thomas £5 for 1 years interest due 15th Sept 1849. Signed: John Kellaway.
5th November 1850 – Received of Mr Thomas £5 for interest due 15th Sept 1850. Signed: John Kellaway.
31st August 1852 – Received of Mr Thomas £5 interest due 15th Sept 1851. Signed: John Kellaway.
14th June 1853 – Received of Mr Thomas £5 for interest due 15th Sept 1852. Signed: John Kellaway.
11th April 1854 – Received of Mr Thomas £5 for interest due 15th Sept 1853. Signed: John Kellaway.
24th April 1855 – Received of Mr Thomas £5 for interest due 15th Sept 1854. Signed: John Kellaway.

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Document 11
On outside wrapper:
1st March 1852
(Copy) Will of Mr John Kellaway of Hartland Devon, yeoman

This is the last Will and Testament of me John Kellaway of Hartland in the county of Devon yeoman.
I give and bequeath all my goods chattels personal estate and effects whatsoever and wheresoever to which I shall die possessed (subject to the payment of my just debts and funeral and testamentary expenses and the legacies bequeathed by this my will unto Richard Buse of Bideford in the said county gentleman and my brother Philip Kellaway of Hartland aforesaid shopkeeper. To hold the same unto the said Richard Buse and Philip Kellaway and the survivor of them his executors and administrators Upon and for the several trusts ends intents and purposed hereinafter expressed and declared of and concerning the same (namely) Upon Trust to pay my grandson John Jeffery the sum of £30 and to my grand daughter Grace Jeffery the sum of £50 to be paid them respectively on their attaining their respective ages of 21 years and in the meantime I direct my said trustees to place the same sums out at interest on such securities as they shall deem sufficient and do and shall pay the proceeds arising therefrom unto the said John Jeffery and Grace Jeffery respectively from time to time when and as the same shall become due and payable. 
And I declare that the receipts of the said John Jeffery and Grace Jeffery shall be good and sufficient discharges to my said trustees for such interest notwithstanding their being under the age of 21 years. And upon this further trust that they my said trustees or trustee do and shall place out and invest the sum of £200 at interest on such securities as they or he may deem sufficient and to and shall pay the proceeds arising therefrom unto my daughter Mary the wife of James Jeffery and her assigns for and during the term of her natural life for her own separate use and benefit without being subject or liable to the control debts or engagements of her present or any future husband who is in no way to intermeddle therewith.
And from and after the decease of the said Mary Jeffery then upon trust to pay and divide the said sum of £200 unto and equally between all my grandchildren (namely) John Jeffery Grace Jeffery James Jeffery Richard Jeffery Mary Jeffery Thomas Jeffery Elizabeth Jeffery William Jeffery and Ann Jeffery sons and daughter of my said daughter Mary Jeffery and such other children as she my said daughter may hereafter have by her husband the said James Jeffery and their respective executors administrators and assigns share and share alike when and as they shall respectively attain their respective ages of 21 years.
But my said trustees shall first pay thereout the funeral expenses of my said daughter.
And upon this further trust that they my said trustees or trustee do and shall pay all the residue and remainder of my estate and effects unto and equally between all my said grandchildren (being children of my said daughter) and their respective executors administrators and assigns share and share alike when and as they shall respectively attain their respective ages of 21 years.
And until my said grandchildren shall attain their respective ages of 21 years I hereby order and direct my said trustees or trustee to place out the last mentioned monies at interest on such securities as they or he may deem proper and shall pay the proceeds arising therefrom from time to time as the same shall be received unto and equally between them and I declare that their receipts shall be good and sufficient discharges to my trustees for the same notwithstanding their being under the age of 21 years.
I give and bequeath unto the said Philip Kellaway the sum of £10 to be paid him within 12 months next after my decease.
I give and bequeath unto my grandson the said John Jeffery the bedstead feather bed bolster pillows blankets and quilt now thereon and whereon he now sleeps for his own use and benefit.
I give and bequeath unto my grand daughter the said Grace Jeffery the bedstead feather bed bolster pillows blankets and quilt now thereon and whereon she now sleeps for his own use and benefit.
And I hereby further declare that if my said trustees or either of them shall disclaim or they or either of them or any trustees or trustee to be appointed under this clause shall die or shall decline or becoming incapable to act as trustees or trustee of this my will it shall be lawful for the trustees or trustee for the time being of my will competent to act whether disclaiming or declining further to act or not or if none for my executors or administrators for the time being or any or either of them by any instrument or writing to appoint any person or persons to be trustees or trustee in the place and stead of the trustees or trustee disclaiming dying or declining or becoming incompetent to act – and thereby declare that such new trustees or trustee so to be appointed shall have full authority and exercise all the powers or discretions confided or given to the trustees herein named.
And it is my will and meaning and I hereby declare and direct that it shall be lawful for the trustees or trustee acting under this my will to retain and pay to themselves or himself out of any trust monies that shall come to their or his hands all such expenses as they or he shall pay expend or be put unto in or about the trusts of this my will or in any wise in relation thereto.
And that they or he shall not be answerable for the insufficiency or deficiency or any securities in or upon which the said trust monies or any part thereof shall be laid out and invested.
And that they or he shall not be answerable for the acts neglects or defaults of the other of them but the each of them only for his own acts neglects or defaults.
And that they or he shall not be accountable for any loss unless the same shall happen by a through their or his own wilful neglect or default.
And upon trust thereby revoke all former wills by me at any time heretofore made and appoint the said Richard Buse and Philip Kellaway executors of this my will.
In witness whereof I have hereunto set my hand and seal the 1st day of March 1852.
Signed sealed published and declared by the said John Kellaway the testator as and for his last will and testament in the joint presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses.
Signed: John Kellaway.
Witnesses: Abraham Heal, Richard Prust.

6th June 1855 codicil of this date.
15th August 1855 codicil of this date.
Will with two codicils proved in the Archdeaconal Court of Barnstaple on 22nd September 1855.
Effects sworn under £ [blank].
And that the testator died on 10th day of September 1855.

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Document 12
On outside wrapper:
29th Sept 1855
Mr John Thomas and others to Mr Thomas Hamlyn.
Assignment of two dwelling houses garden and premises situate in Market [sic] Appledore for the residues of three several terms of 2000 years absolute.

This indenture made the 29th day of September 1855.
Between John Thomas late of Appledore in the parish of Northam in the county of Devon but now of Hayle in the county of Cornwall mariner of the first part, Richard Buse of Bideford in the said county of Devon gentleman and Philip Kellaway of Hartland in the same county carpenter of the second part, Richard Yeo of Bideford aforesaid ship agent of the third part, and Thomas Hamlyn of Appledore aforesaid shipwright of the fourth part.
Whereas by indenture bearing date 24th day of June 1829 and made between Susanna Endall of the first part, Bryant Bartlett of the second part, and the said John Thomas of the third part, a certain messuage or dwelling house and garden situate in Market Street in Appledore aforesaid since converted into and now used and occupied as two dwelling houses garden and premises hereinafter particularly described and intended to be hereby assigned or otherwise assured were (subject to a mortgage which had been previously made thereon to Arthur Smale and Daniel Sleeman which mortgage was ultimately transferred to the said Richard Yeo but afterwards fully paid off and discharged by the said John Thomas without taking any reassignment or surrender of the residue of a term of 1500 years in the premises which had been vested in the said Richard Yeo by virtue of the same mortgage or the transfer thereof) appointed granted assigned and confirmed unto the said John Thomas his executors administrators and assigns thenceforth for and during all the residues and remainders of three several terms of 2000 years therein.
And whereas by indenture bearing date the 15th day of September 1848 and made between the said John Thomas of the one part, and John Kellaway yeoman of the other part, the said two dwelling houses garden and premises were assigned unto the said John Kellaway his executors administrators and assigns thenceforth for and during and unto the full end and term of 1900 years without impeachment of waste upon trusts for sale for securing payment unto the said John Kellaway his executors administrators or assigns of the sum of £100 and interest as therein mentioned.
And whereas the said John Kellaway departed this life on 10th day of September instant having previously made and executed his last Will and testament in writing bearing date the 1st day of March 1852 whereby he appointed the said Richard Buse and Philip Kellaway executors thereof who on the 22nd day of September instant duly proved the same with 2 codicils in the archidiaconal court of Barnstaple.
And whereas there is now due or owing upon or by virtue of the above recited indenture of the 15th day of September 1848 for principal and interest the sum of £105.
And whereas the said Thomas Hamlyn hath contracted and agreed with the said John Thomas for the absolute purchase of the said two dwelling houses garden and premises for the residues of the said three several terms of 2000 years therein free from the aforesaid mortgage debt and all other incumbrances at a for the price or sum of £172 out of which sum it hath been agreed that the said sum of £105 shall be paid to the said Richard Buse and Philip Kellaway as executors of the said John Kellaway deceased in discharge of all principal and interest monies due or owing upon his said mortgage security as aforesaid. And the said Richard Yeo at the request of the said John Thomas hath consented to join in and execute these presents in the manner hereinafter mentioned.
Now this indenture witnesseth that in pursuance of the said contract and agreement and in consideration of the sum of £105 of lawful British money part of the said purchase money to the said Richard Buse and Philip Kellaway as such executors of the said John Kellaway deceased as aforesaid paid by the said Thomas Hamlyn immediately before the execution of these presents by the direction of the said John Thomas testified by his executing these presents the receipt whereof and that the same is in full discharge of all monies due on the said mortgage security the said Richard Buse and Philip Kellaway do hereby acknowledge and therefrom do release as well the said John Thomas his executors and administrators as also the said mortgaged premises for ever by these presents. And also in consideration of the further sum of £67 of like lawful money as aforesaid being the residue of the said purchase money to the said John Thomas at the same time paid by the said Thomas Hamlyn the payment and receipt in manner aforesaid of which several sums of £105 and £67 (making together the said purchase money or sum of £172) the said John Thomas doth hereby acknowledge and therefrom doth release the said Thomas Hamlyn his executors administrators and assigns and also the said purchased premises for ever by these presents. And likewise in consideration of 10 shillings of like lawful money as aforesaid to the said Richard Yeo at the same time paid by the said Thomas Hamlyn the receipt whereof is hereby acknowledged. They the said Richard Buse and Philip Kellaway as such executors as aforesaid and the said Richard Yeo at the request and by the direction of the said John Thomas testified as aforesaid Do and each of them Doth by these presents grant according to their respective estates and interests and by way of assignment or surrender only and not of covenant or warranty bargain sell assign and surrender. And then the said John Thomas Doth by these presents grant bargain sell assign ratify and confirm unto the said Thomas Hamlyn his executors administrators and assigns All those two messuages or dwelling houses lately one messuage or dwelling house with the appurtenances situate in Market Street in Appledore aforesaid.
And also the garden situate behind and adjoining the said dwelling house which said premises were formerly in the possession of Bartholomew Lamy afterwards of John Reeson then of Susannah and Thomas Endall since of the said John Thomas subsequently of James Berry and Mary Lowther but now of the said James Berry and Henry Arnold together with all outhouses buildings courtleges gardens ways paths passages waters watercourses easements privileges and advantages whatsoever to the same premises belonging or appertaining.
And all the estate right title interest term and terms for years property possession claim and demand whatsoever both at law and in equity or otherwise howsoever of them the said Richard Buse and Philip Kellaway Richard Yeo and John Thomas respectively in and to the same and every part thereof.
And all deeds writings and muniments of title relating to the said hereditaments and premises now in the respective custody possession or power of the said Richard Buse and Philip Kellaway Richard Yeo and John Thomas or which they respectively can procure without suit.
To have and to hold the said messuages or dwelling houses and garden and all and singular other the premises hereby assigned or otherwise assured with the appurtenances unto the said Thomas Hamlyn his executors administrators and assigns as to fourteen and a half undivided thirty fifth parts thereof henceforth for and during all the residue and remainder of a term of 2000 years therein created by an indenture bearing date on or about the 22nd day of December 1818. As to twelve and a half undivided thirty fifth parts thereof henceforth for and during all the residue and remainder of another term of 2000 years therein created by the said indenture of 22nd day of December 1818. And as to the remaining eight undivided thirty fifth parts thereof henceforth for and during all the residue and remainder of another term of 2000 years therein created by an indenture bearing date the 6th day of May 1820 freed and resolutely discharged and exonerated of and from all the trusts and powers contained in the above mentioned mortgage securities or either of them.
And each of them the said Richard Buse and Philip Kellaway and Richard Yeo for himself his heirs executors and administrators so far as regards his own acts and deeds only doth hereby covenant with the said Thomas Hamlyn his executors administrators and assigns that they the said Richard Buse and Philip Kellaway and Richard Yeo have not nor hath either of them done executed or permitted or been party or privy to any act deed matter or thing whatsoever whereby or by means whereof the said premises or any part thereof can be impeached charged incumbered or in any wise prejudicially affected.
And the said John Thomas for himself his heirs executors and administrators doth hereby covenant with the said Thomas Hamlyn his executors administrators and assigns in manner following, that is to say, that (notwithstanding any thing by him the said John Thomas or any person or persons lawfully claiming through under or in trust for him done or suffered to the contrary) the said Richard Buse and Philip Kellaway Richard Yeo and John Thomas or some or one of them now have or hath full power by these presents to assign or otherwise assure the premises hereby assigned or otherwise assured unto the said Thomas Hamlyn his executors administrators and assigns for the residues of the several terms and in manner aforesaid according to the true intent and meaning of these presents.
And further that it shall be lawful for the said Thomas Hamlyn his executors administrators and assigns at all times hereafter during the continuance of the said three several terms of 2000 years respectively peaceably to hold and enjoy the premises hereby assigned or otherwise assured without any interruption or denial whatsoever of from or by the said John Thomas his executors administrators or assigns or any person or persons lawfully claiming through under or in trust for him or them.
And that free from all former and other estates titles liens charges and incumbrances whatsoever at any time or times heretofore and to be at any time or times hereafter made done committed occasioned or suffered by the said John Thomas his executors or administrators or any person or persons claiming through under or in trust for him or them.
And moreover that he the said John Thomas his executors and administrators and all other persons whatsoever having or rightfully claiming or to claim any estate or interest in a to the premises hereby assigned or otherwise assured by from under or in trust for him or them shall and will at all times hereafter upon every request and at the expense of the said Thomas Hamlyn his executors administrators or assigns make do and execute all such further acts and assurances whatsoever for more effectually or satisfactorily assigning of otherwise assuming the premises hereby assigned or otherwise assured unto the said Thomas Hamlyn his executors administrators or assigns thenceforth for and during all the then unexpired residues and remainders of the said terms of 2000 years respectively according to the true intent and meaning of these presents as by the said Thomas Hamlyn his executors administrators 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 their hands and seals have hereunto set the day and year first above written.
Signed: John Thomas, R. Buse, Philip Kellaway, Richard Yeo, Thomas Hamlyn.

Endorsed on the back:
Received the day and year first within written from the within named Thomas Hamlyn £172 (in the propations within specified) the consideration money within mentioned to be paid by him to us.
Signed: John Thomas, R. Buse, Philip Kellaway
The signatures of John Thomas and Richard Buse attested by: R H Buse.
The signature of Philip Kellaway attested by: R H Buse.
Signed sealed and delivered by the within named John Thomas, Richard Buse, Philip Kellaway, Richard Yeo and Thomas Hamlyn in presence of R H Buse.
Signed sealed and delivered by the within named Philip Kellaway in presence of R H Buse solicitor Bideford.

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Document 13
And upon trust
On outside wrapper:
2nd October 1855
Mr Thomas Hamlyn to Mr John Swindale
Mortgage of two dwelling houses garden and premises situate in Market Street in Appledore to secure £140 and interest.

This indenture made 2nd day of October 1855 between Thomas Hamlyn of Appledore in the parish of Northam in the county of Devon shipwright of the one part, and John Swindale of the same place master mariner of the other part.
Whereas the said Thomas Hamlyn having occasion for the sum of £140 hath applied to and requested the said John Swindale to lend and advance the same to him which he hath agreed to do on having the repayment thereof with interest secured to him as hereinafter mentioned.
Now this indenture witnesseth that in consideration of the sum of £140 of lawful British money to the said Thomas Hamlyn lent advanced and paid by the said John Swindale immediately before the execution of these presents the receipt whereof the said Thomas Hamlyn doth hereby acknowledge and therefrom doth release and discharge the said John Swindale his heirs executors administrators and assigns for ever by these presents He the said Thomas Hamlyn doth by these presents grant bargain sell and demise unto the said John Swindale his executors administrators and assigns all those two messuages or dwelling houses lately one messuage or dwelling house with the appurtenances situate in Market Street in Appledore aforesaid.
And also the garden situate behind and adjoining the said dwelling house which said premises were formerly in the occupation of Bartholomew Lamey afterwards of John Reeson then of Susannah and Thomas Endall since of John Thomas subsequently of James Berry and Mary Lowther but now of James Berry and Henry Arnold.
Together with all outhouses buildings courtleges gardens ways paths passages waters watercourses easements privileges and advantages whatsoever to the same premises belonging or appertaining.
And all deeds writings and muniments of title relating to the said premises now in the custody possession or power of the said Thomas Hamlyn on which he can procure without suit.
To have and to hold the said messuages or dwelling houses garden and all and singular other the premises hereby demised with the appurtenances unto the said John Swindale his executors administrators and assigns henceforth for and during and unto the full end and term of 1500 years fully to be complete and ended without impeachment of waste.
Subject nevertheless to the proviso for redemption and other the provisos powers and declarations hereinafter expressed and contained of and concerning the same.
Provided always that if the said Thomas Hamlyn his executors administrators or assigns shall and do pay unto the said John Swindale his executors administrators or assigns the sum of £140 of lawful British money with interest for the same at the rate of £5 per centum per annum on the 2nd day of April next without deduction then and in such case and at any time thereafter the said John Swindale his executors administrators or assigns will at the request and costs of the said Thomas Hamlyn his executors administrators or assigns reassign or surrender the premises hereby demised unto the said Thomas Hamlyn his executors administrators or assigns as he or they shall direct free from incumbrances by the said John Swindale his executors administrators or assigns.
And the said Thomas Hamlyn doth hereby for himself his heirs executors and administrators covenant with the said John Swindale his executors administrators and assigns that he the said Thomas Hamlyn his executors administrators or assigns will or shall pay or cause to be paid to the said John Swindale his executors administrators or assigns the sum of £140 together with interest for the same at the rate of £5 per centum per annum on the 2nd day of April next without any deduction or abatement whatsoever.
Provided also and it is hereby declared and agreed by and between the said parties hereto that in case default shall be made in payment of the said principle sum of £140 and the interest thereof or any part thereof respectively on the 2nd day of April next it shall be lawful for the said John Swindale his executors administrators or assigns at any time or times after such default without and even against any further consent of the said Thomas Hamlyn his executors administrators or assigns and after giving six calendar months previous notice in writing to him or them or leaving such notice at his or their last or usual place of abode and indulgence or affixing the same on some conspicuous part of the said hereditaments and premises make sale and absolutely dispose of the hereditaments and premises hereby demised or any part thereof for all the then residue of the said term of 1500 years therein to any person or persons either together or in parcels and either by public auction or private contract or partly by public auction and partly by private contract and under and subject to such special conditions relative to title or otherwise as the said John Swindale his executors administrators or assigns shall think proper with full power to buy in the said hereditaments and premises or any part thereof at any auction or auctions or to rescind or vary the terms of any contract or sale which may have been entered into and afterwards to sell the premises so bought in or in respect whereof such contract shall be so rescinded as aforesaid at any future auction or by private contract without being answerable for any loss or diminution of price which may be consequent thereof.
And also to assign and assure the same hereditaments and premises or such part or parts thereof as shall be sold to the purchaser or purchasers thereof or as he she or they shall direct or appoint free and discharged of and from all right and equity of redemption whatsoever.
And it is hereby further declared and agreed that the said John Swindale his executors administrators or assigns shall stand possessed of the money which shall arise from such sale or sales as aforesaid and from the rents and profits of the said hereditaments and premises (if any shall have been received by him or them) upon trust in the first place to deduct and satisfy all such costs charges and expenses as shall have been paid or incurred by him or them in or about such sale or sales as aforesaid or otherwise in the execution of the trusts and powers herein contained.
And in the next place to retain and pay to himself or themselves the said John Swindale his executors administrators or assigns the said sum of £140 and the interest which shall be due for the same clear of all deductions whatsoever.
And after payment of the said costs charges and expenses and also the said sum of £140 and the interest thereof in case any surplus money shall remain unapplied and undisposed of upon trust to pay such surplus unto the said Thomas Hamlyn his executors administrators or assigns or as he or they shall direct.
And it is hereby declared and agreed by and between the said parties hereto that the person or persons to whom the said John Swindale his executors administrators or assigns shall make any sale and assignment of the said hereditaments and premises or any part thereof upon payment of the purchase money to him or them and taking his or their receipt or receipts for the same shall be wholly discharged therefrom and shall not be obliged to see the application thereof nor be answerable for the misapplication or non-application of the same or any part thereof nor be required to see that any such notice as aforesaid shall have been given or be affected by express knowledge that no such notice hath been given nor be obliged to enquire whether any default has been made in the payment of the principal and interest intended to be hereby secured at the time hereinbefore appointed for payment thereof or whether any money remains due on the security of these presents or as to the necessity or expediency of the stipulations subject to which such sale or sales shall have been made or otherwise as to the propriety or regularity of any such sale.
And that every sale which shall be made and contract for sale which shall be entered into and assignment which shall be executed by the said John Swindale his executors administrators or assigns shall be binding and conclusive on the said Thomas Hamlyn his executors administrators and assigns.
And it is hereby further declared and agreed that the said John Swindale his executors administrators or assigns shall not be answerable for any more money than he or they shall actually receive by virtue of these presents nor for any loss that may happen unless by his or their wilful default.
And the said Thomas Hamyln for himself his heirs executors and administrators doth hereby covenant with the said John Swindale his executors administrators and assigns that he the said Thomas Hamlyn now hath power to demise the said premises unto the said John Swindale his executors administrators and assigns for the term and in manner aforesaid and free from incumbrances.
And also that he the said Thomas Hamlyn his executors and administrators and every other person lawfully or equitably claiming any estate or interest in the premises will at all times at the request of the said John Swindale his executors administrators or assigns but at the costs of the said Thomas Hamlyn his executors or administrators make do and execute all such acts deeds and assurances for further or better demising the said premises unto the said John Swindale his executors administrators and assigns for the residue then to come of the said term hereinbefore expressed to be hereby granted as by him or them shall be reasonably required.
And further that he the said Thomas Hamlyn his executors administrators or assigns shall at his or their own expense so long as any monies shall remain due on this security insure and keep insured the same dwelling houses against loss or damage by fire in the name of the said John Swindale his executors administrators or assigns in the Norwich Union Fire Insurance Office in the sum of £100 at the least and shall permit him or them to receive all such monies as may become due in respect of such insurance upon the same trusts as are hereinbefore declared respecting the monies to arise from such sale or sales as aforesaid.
Provided always that whenever the interest of the said sum of £140 shall be in arrear for more than 2 calendar months next after any half yearly day of payment which is hereby declared to be the 2nd day of April and the 2nd day of October in every year it shall be lawful for the said John Swindale his executors administrators or assigns into and upon the said premises to enter and distrain for the same interest and the arrears thereof and the distresses so taken to deal with and dispose of in the same manner as landlords are authorised to do in respect to distresses for rent reserved upon leases for years.
In witness whereof the said parties to these presents their hands and seals have hereunto set the day and year first hereinbefore written.
Received the day and year first hereinbefore written from the above named John Swindale the sum of £140 the consideration money above mentioned to be paid by him to me.
Signed: Thomas Hamlyn, John Swindale.
Attested by R Buse.
Signed sealed and delivered by the above named Thomas Hamlyn and John Swindale in presence of R Buse of Bideford.

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Document 14
On outside wrapper:
2nd October 1855
Mr Thomas Hamlyn to Mr John Swindale
Schedule of and receipt for Title deeds

Schedule of deeds and documents relating to the title of Mr Thomas Hamlyn to the residues of three several terms of 2000 years each of and in two dwelling houses garden and premises situate in Market Street Appledore in mortgage to Mr John Swindale for £140 and interest.
22nd Dec 1818 – Indenture between William Hernaman of first part, Samuel Tetherly of second part, and John Reeson of third part.
6th May 1820 – Indenture between George Brayley of one part, and John Reeson of other part.
29th Sept 1821 – Indenture between John Reeson of one part, and John Sinclair of other part.
1st Oct 1821 – Indenture between John Sinclair of first part, and Ann Phelps of second part, and Arthur Smale and Daniel Sleeman of third part.
9th June 1823 – Indenture between John Sinclair of first part, Ann Phelp of second part, Arthur Smale and Daniel Sleeman of third part, and Leonard Wood, William Denbow and Henry Pugsley of fourth part.
16th May 1827 – Probate copy Will of John Sinclair.
23rd July 1828 – Indenture between Susanna Sinclair of first part, Thomas Endall of second part, and Bryant Bartlett of third part.
24th June 1829 – Indenture between Susanna Endall of first part, said Bryant Bartlett of second part, and John Thomas of third part.
19th Feb 1834 – Indenture between John Thomas of first part, Henry Pugsley of second part, and Richard Yeo of third part.
15th Sept 1848 – Indenture between John Thomas of one part, and John Kellaway of other part.
29th Sept 1855 – Indenture between John Thomas of first part, Richard Buse and Philip Kellaway of second part, Richard Yeo of third part, and Thomas Hamlyn of fourth part.
Copy Will of John Kellaway.
2nd Oct 1855 – Indenture between Thomas Hamlyn of one part, and John Swindale of other part.
I hereby acknowledge that the several deeds and documents above mentioned were this day received by me and I hereby undertake to keep them with the same degree of care with which I keep my own deeds and documents and upon payment of the said sum of £140 with interest according to the true intent and meaning of the above mentioned indenture of mortgage I promise and agree to restore and deliver the same deeds and documents unto the said Thomas Hamlyn undefaced or injured (loss or damage by fire or other inevitable accident only excepted).
Witness my hand the 2nd day October 1855.
Signed: John Swindale
Witness: R Buse.

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Document 15
On outside wrapper:
28th December 1864
Mr Thomas Hamlyn to Mr John Swindale
Mortgage of freehold and leasehold dwelling houses and premises to secure £240 and interest.

This indenture made 28th day of December 1864.
Between Thomas Hamlyn of Appledore within the parish of Northam in the county of Devon shipwright of the one part, and John Swindale of the same place retired master mariner of the other part.
Whereas by indenture bearing date the 29th day of September 1855 and made between John Thomas of the first part, Richard Buse and Philip Kellaway of the second part, Richard Yeo of the third part, and the said Thomas Hamlyn of the fourth part.
The premises firstly hereinafter described were assigned unto the said Thomas Hamlyn his executors administrators and assigns as to fourteen and a half undivided thirty fifth parts thereof for the residue of a term of 2000 years. As to twelve and a half undivided thirty fifth parts thereof for the residue of another term of 2000 years. And as to the remaining eight undivided thirty fifth parts thereof for all the residue of another term of 2000 years.
And whereas by indenture bearing date the 2nd day of October 1855 and made between the said Thomas Hamlyn of the one part, and the said John Swindale of the other part, the said premises were assigned by the said Thomas Hamlyn unto the said John Swindale his executors administrators and assigns for the residues of the said several terms therein by way of mortgage to secure £140 and interest as therein mentioned.
And whereas the said principal sum and all interest thereon have long since been paid off but no reassignment of the said premises hath ever been made.
And whereas by indenture bearing date the 11th day of November last made between George Richards of the first part, the said Thomas Hamlyn of the second part, and Alexander Beara of the third part, the premises secondly hereinafter described were conveyed unto and to the use of the said Thomas Hamlyn his heirs and assigns for ever.
And whereas the said Thomas Hamlyn hath requested the said John Swindale to lend him £240 which the said John Swindale hath consented to do on having the repayment thereof with interest secured as hereinafter mentioned.
Now this indenture witnesseth that in consideration of £240 to the said Thomas Hamlyn paid by the said John Swindale immediately before the execution of these presents the receipt whereof is hereby acknowledged. He the said Thomas Hamlyn doth by these presents grant assign and confirm unto the said John Swindale his heirs executors administrators and assigns respectively first all those two messuages or dwelling houses lately one messuage or dwelling house with the appurtenances situate in Market Street in Appledore aforesaid. And also the garden behind and adjoining the said dwelling house which said premises were formerly in the possession of Bartholomew Lamey afterwards of John Reeson then of Susanna and Thomas Endall since of John Thomas subsequently of James Berry and Mary Lowther late of James Berry and Henry Arnold but now of the said Thomas Hamlyn. And secondly all that messuage or dwelling house and premises comprising front shop kitchen back kitchen and two bedrooms and closet with small courtlege behind and adjoining the same situate in or on the west side of Market Street in the town of Appledore aforesaid now in the occupation of Richard Spearman butcher. And also all that the south east part of a certain garden heretofore occupied with and adjoining dwelling house in the occupation of Hannah Dart widow and which part of garden extends from the back wall of the wash-house of the last mentioned dwelling house towards the west 14 feet and from north to south 16 feet or thereabouts together with all easements shop and other fixtures rights and appurtenances to the said hereby assured hereditaments belonging.
And all the estate and interest of the said Thomas Hamlyn in and to the same.
To have and to hold the premises firstly described with the appurtenances unto the said John Swindale his executors administrators and assigns for all the residues of the said terms therein. And to have and to hold the premises secondly described with the appurtenances unto and to the use of the said John Swindale his heirs and assigns. And it is hereby declared that the said John Swindale his heirs executors administrators and assigns shall respectively stand seized and possessed of the said freehold and leasehold hereditaments and premises hereby respectively assured upon with and subject to the trusts powers and provisos hereinafter contained that is to say provided always and it is hereby declared that if the said Thomas Hamlyn his heirs executors administrators or assigns shall pay unto the said John Swindale his executors administrators or assigns the said sum of £240 with interest for the same at the rate of £6 per centum per annum on the 28th day of June next without deduction then these presents shall cease determine and be void.
And the said Thomas Hamlyn doth hereby for himself his heirs executors and administrators covenant with the said John Swindale his executors administrators and assigns that he the said Thomas Hamlyn his heirs executors administrators or assigns will pay to the said John Swindale his executors administrators or assigns the sum of £240 together with interest for the same at the rate aforesaid on the 28th day of June next without deduction.
Provided always and it is hereby declared and agreed that in case default shall be made in payment of the said principal sum and the interest thereof on the said 28th day of June next it shall be lawful for the said John Swindale his executors administrators or assigns at any time after such default without and even against any further consent of the said Thomas Hamlyn his heirs executors administrators or assigns and after giving six calendar months previous notice in writing to him or them or leaving such notice at his or their last or usual place of abode in England or affixing the same on some conspicuous part of the said hereditaments hereby assured to make sale and absolutely dispose of the same hereditaments or any part thereof either by public auction or private contract or partly by each such mode with full power upon any such sale to make any stipulations as to title or evidence of title or otherwise whether actually required and execute all such agreements and assurances as her or they shall think fit. And it is hereby further declared and agreed that the said John Swindale his executors administrators or assigns shall hold the monies which shall arise from any sale or sales of the said hereditaments and premises upon trust in the first place to reimburse himself or themselves or pay and discharge all the costs and expenses attending or incurred in or about such sale or sales or otherwise in respect of the premises. And in the next place to apply such monies in or towards satisfaction and payment of the monies for the time being due or owing on the security of these presents. And then to pay the surplus thereof (if any) unto the said Thomas Hamlyn his heirs executors administrators or assigns or as he or they shall direct Provided also and it is hereby further declared and agreed that upon any such sale or sales as aforesaid the receipt or receipts in writing of the said John Swindale his executors administrators or assigns for the purchase money of the premises sold shall be an effectual discharge or effectual discharges to the purchaser or purchasers. And that such purchaser or purchasers shall not be obliged to see the application thereof nor be answerable for the misapplication or non-application of the same or any part thereof now be required to see that any such notice as aforesaid shall have been given or be affected by express knowledge that so such notice hath been given now be obliged to enquire whether any default hath been made in payment of the principal and interest intended to be hereby secured at the time hereinbefore appointed for payment thereof or whether any money remains due on the security of these presents or as to the necessity or expediency of the stipulations subject to which such sale or sales shall have been made or otherwise as to the propriety or regularity of any such sale. And notwithstanding any such impropriety or an irregularity whatsoever in any such sale the same so far as regards the safety or protection of the purchaser or purchasers shall be deemed and taken to be within the aforesaid power in that behalf and be valid and effectual accordingly and the remedy of the said Thomas Hamlyn his heirs executors administrators or assigns in respect of any such impropriety or irregularity shall be in damages only.
And it is further declared and agreed that the said John Swindale his heirs executors administrators or assigns shall not be answerable for more money than he or they shall actually receive nor for involuntary losses.
And the said Thomas Hamlyn doth hereby for himself his heirs executors and administrators covenant with the said John Swindale his executors administrators and assigns respectively that he the said Thomas Hamlyn now hath good right to assure the hereditaments hereby assured in manner aforesaid and free from all incumbrances. And that he the said Thomas Hamlyn his heirs executors administrators and assigns and every other person claiming any estate or interest in the hereditaments hereby assured will at all times hereafter upon the request of the said John Swindale his heirs executors administrators or assigns do and execute every such act and deed for further assuring the said hereditaments hereby assured in manner aforesaid as by him or them shall be reasonably required.
And lastly that he the said Thomas Hamlyn his heirs executors administrators or assigns shall at his or their own expense so long as any monies shall remain due on this security insure the buildings hereby assured against loss by fire in the name of the said John Swindale his executors administrators or assigns in some public fire insurance office in £200 at the least and shall permit him or them to receive all such monies as may become due in respect of such insurance upon the same trusts as are hereinbefore declared respecting the monies to arise from such sale or sales as aforesaid.
In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.
Signed: Thomas Hamlyn, John Swindale.

Endorsed on the back:
Received the day and year first within written of the within named John Swindale the sum of £240, being the full consideration money within expressed to be paid by him to me. Signed: Thomas Hamlyn. Attested by R H Buse.
Signed sealed and delivered by the within named Thomas Hamlyn and John Swindale in presence of R H Buse solicitor Bideford.

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Document 16
On outside wrapper:
28th December 1864
Mr Thomas Hamlyn to Mr John Swindale
Schedule of and receipt for Title deeds
Buse, Bideford

Schedule of deeds and documents relating to the title of Mr Thomas Hamlyn to freehold and leasehold dwelling houses and premises situate in Market Street Appledore in mortgage to Mr John Swindale for £240 and interest.

First as to the leasehold
22nd Dec 1818 – Indenture between William Hernaman of first part, Samuel Tetherly of second part, and John Reeson of third part.
6th May 1820 – Indenture between George Brayley of one part, and John Reeson of other part.
29th Sept 1821 – Indenture between John Reeson of one part, and John Sinclair of other part.
1st Oct 1821 – Indenture between John Sinclair of first part, and Ann Phelps of second part, and Arthur Smale and Daniel Sleeman of third part.
9th June 1823 – Indenture between John Sinclair of first part, Ann Phelps of second part, Arthur Smale and Daniel Sleeman of third part, and Leonard Wood, William Denbow and Henry Pugsley of fourth part.
16th May 1827 – Probate copy Will of John Sinclair.
23rd July 1828 – Indenture between Susanna Sinclair of first part, Thomas Endall of second part, and Bryant Bartlett of third part.
24th June 1829 – Indenture between Susanna Endall of first part, said Bryant Bartlett of second part, and John Thomas of third part.
19th Feb 1834 – Indenture between John Thomas of first part, Henry Pugsley of second part, and Richard Yeo of third part.
13th Sept 1848 – Indenture between John Thomas of one part, and John Kellaway of other part.
29th Sept 1855 – Indenture between John Thomas of first part, Richard Buse and Philip Kellaway of second part, Richard Yeo of third part, and Thomas Hamlyn of fourth part.
2nd Oct 1855 – Indenture between Thomas Hamlyn of one part, and John Swindale of other part.

Second as to the freehold [this section crossed out in pencil]
11th November 1864 – Indenture between George Richards of the first part, the said Thomas Hamlyn of second part, and Alexander Beara of the third part.
Abstract of Title

Third as to all the premises
28th December 1864 – Indenture of mortgage between the said Thomas Hamlyn of one part, and the said John Swindale of the other part.

I hereby acknowledge that the several deeds and documents above mentioned were this day received by me and I hereby undertake to keep them with the same degree of care with which I keep my own deeds and documents and upon payment of the said sum of £240 with interest according to the true intent and meaning of the above mentioned indenture of mortgage I promise and agree to restore and deliver the same deeds and documents unto the said Thomas Hamlyn undefaced or injured (loss or damage by fire or other inevitable accidents only excepted).
Witness my hand the 28th day of December 1864
[No signatures, duplicate copy]

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Document 17
On outside wrapper:
22nd April 1908
Messrs John N Popham and William R Smith to Mr John Cox
Assignment of a long leasehold messuage or dwelling house and premises situate and being No.25 Market Street, Appledore in the county of Devon.

This indenture made the 22nd day of April 1908 between John Nicholas Popham of 71 Morden Road, Newport in the County of Monmouth retired master mariner, and William Reardon Smith of 52 Claude Road in the City of Cardiff ship owner (hereinafter called the Vendors) of the one part, and John Cox of Retreat Place, Appledore in the parish of Northam in the county of Devon sailmaker (hereinafter called the Purchaser) of the other part.
Whereas Thomas Hamlyn late of Appledore aforesaid retired coal merchant was at the time of his death hereinafter recited lawfully possessed of and beneficially entitled to the hereditaments hereinafter described and intended to be hereby assigned as to fourteen and a half undivided thirty fifth parts thereof for the residue of a term of 2000 years as to twelve and a half undivided thirty fifth parts thereof for the residue of another term of 2000 years and as to the remaining eight undivided thirty fifth parts thereof for all the residue of another term of 2000 years.
And whereas the said Thomas Hamlyn duly made and executed his last will and testament dated 2nd day of August 1904, whereby he gave devised and bequeathed all his real and personal estate unto his trustees. In trust to convert the same into money by sale or otherwise and to divide the proceeds as therein mentioned. And the testator thereby appointed the vendors to be the executors and trustees of that his will.
And whereas the said Thomas Hamlyn died on 24th day of February 1908 without having altered or revoked his said will which was duly proved in the District Probate Registry of his Majesty’s High Court of Justice at Exeter on 19th day of March 1908 by the vendors the executors and trustees therein named.
Who whereas in exercise of the trust for that purpose contained in the said will the vendors have agreed to sell the said hereditaments to the purchaser at the price of £205.
Now this indenture witnesseth that in consideration of the sum of £205 on or before the execution of these presents paid to the vendors by the purchaser (the receipt whereof the vendors hereby acknowledge) the vendors as trustees in exercise of the trust for this purpose given to them by the said will of the said Thomas Hamlyn as aforesaid do hereby assign unto the purchaser All that messuage or dwelling house with the appurtenances thereto belonging situate and being No.25 Market Street in Appledore aforesaid and also the garden behind and adjoining the said dwelling house which said premises were late in the occupation of the said Thomas Hamlyn but are now of John Hamlyn and the purchaser.
To hold the same unto the purchaser for all the residues now to come and unexpired of the said terms of 2000 years therein.
Witness whereof the said parties to these presents their hands and seals have hereunto set the day and year first before written.
Signed sealed and delivered by the said John Nicholas Popham in the presence of Maude Coombs, Westview Villas, Helston, Cornwall married woman – signed J N Popham.
Signed sealed and delivered by the said William Reardon Smith in the presence of Ellen Smith, 52 Claude Road, Cardiff, married woman – signed W R Smith.

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Document 18
On outside wrapper:
23rd April 1908
Mr John Cox to the Trustees of the Society of Foresters
Mortgage of a long leasehold messuage or dwelling house and premises situate and being No.25 Market Street Appledore Devon.

This indenture made the 23rd day of April 1908 Between John Cox of Retreat Place Appledore in the parish of Northam in the county of Devon sailmaker of the one part; and William Henry Dawe grocer, Richard Hookway dairyman, and William Burdick Johns all of Bideford in the said county of Devon (the trustees of the Friendly Society called or known as The Ancient Order of Foresters, Court number 4094 at Bideford aforesaid) hereinafter called the mortgagees of the other part.
Whereas the said John Cox is lawfully possessed of and beneficially entitled to the hereditaments hereinafter described and intended to be hereby assured as to fourteen and a half undivided thirty fifth parts thereof for the residue of a term of 2000 years as to twelve and a half undivided thirty fifth parts thereof for the residue of another term of 2000 years and as to the remaining eight undivided thirty fifth parts thereof for all the residue of another term of 2000 years.
And whereas the mortgagees have agreed to lend to the said John Cox the sum of £145 upon having the repayment thereof with interest secured in the manner hereinafter expressed.
Now this indenture witnesseth that in consideration of the sum of £145 lent and advanced out of the funds of the said Society to the said John Cox at his request on or immediately after the execution of these presents (the receipt whereof is hereby acknowledged) the said John Cox hereby covenants with the mortgagees to pay to them or the survivor or survivors of them or the treasurer for the time being of the said Society on the 23rd day of October next the sum of £145 and interest thereon in the meantime after the rate of £3.10s per centum per annum computed from the date of these presents.
And also so long after that day as any principal money remains due under this mortgage to pay to them interest on so much of the principal money as shall remain due and owing for the time being after the same rate by equal half-yearly payments on the 23rd day of April and the 23rd day of October in each year.
And also that the said John Cox will on the 23rd day of April in every year pay a sum of not less than £1.9s in reduction of the principal sum of £145.
And this indenture also witnesseth that for the consideration aforesaid the said John Cox as beneficial owner hereby assigns unto the mortgagees their heirs and assigns All that messuage or dwelling house with the appurtenances thereto belonging situate and being No.25 Market Street in Appledore aforesaid and also the garden behind and adjoining the said dwelling house which said premises were late in the occupation of Thomas Hamlyn but are now of John Hamlyn and the said John Cox.
To hold the same unto the mortgagees for all the residues now to come and unexpired of the said terms of 2000 years therein provided always that if the said John Cox his heirs executors administrators and assigns do and shall on the 23rd day of October next according to the foregoing covenant in that behalf pay or cause to be paid unto the mortgagees or the survivor or survivors of them or his executors administrators or assigns or the treasurer for the time being of the said Society the sum of £145 together with interest for the same at the rate of £3.10s per centum per annum computed from the date hereof then the said premises shall at the request and cost of the said John Cox his heirs or assigns be reassigned to him or them.
And the said John Cox hereby covenants with the mortgagees that he the said John Cox his heirs or assigns will at all times during the continuance of this security keep the dwelling house and premises insured against loss or damage by fire in the sum of £150 at least and will on demand produce to the said Society the policy of such insurance and the receipt for every premium payable in respect thereof.
And it is hereby declared that the powers of leasing conferred upon a mortgager by the conveyancing and Law of Property Act 1881 shall not apply to the hereditaments and premises comprised in this mortgage nor shall the 17th section of the same Act apply to the mortgage security hereby made.
In witness whereof the said parties to these presents their hands and seals have hereunto set the day and year first before written.
Signed sealed and delivered by the said John Cox in the presence of me T Archibald Fogaty clerk to Messrs Hole Peard & Seldon solicitors Bideford.
Signed: John Cox.

At a meeting of the within Friendly Society held on the 2nd day of September 1911, Thomas Archibald Fogaty was appointed a trustee in the room of William Henry Dawe deceased.
At a meeting of the within Friendly Society held on the 2nd day of December 1911, Henry Baglow was appointed a trustee in the room of William Burdick Johns resigned.
The trustees of the before mentioned Friendly Society hereby acknowledge to have received all moneys intended to be secured by the before written deed. Dated this 1st day of May 1919
Signed: R Hookway, T A Fogaty, H Baglow, trustees.
Countersigned: L Copp, secretary.

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Document 19
6th March 1925
In His Majesty’s High Court of Justice
District Probate Registry of Exeter.
Be it known that John Cox of 25 Market Street formerly of 2 Retreat Place both in Appledore, Northam in the county of Devon who at the time of his death had a fixed place of abode at Appledore within the district of the county of Devon died on 20th day of June 1919 at Appledore aforesaid.
And be it further known that at the date hereunder written the last Will and Testament (a copy whereof is hereunto annexed) of the said deceased was proved and registered in the District Probate Registry of his Majesty’s High Court of Justice at Exeter and that administration of all the estate which by law devolves to and vests in the personal representative of the said deceased was granted by the aforesaid Court to Elizabeth Cox widow the relict of the deceased the sole executrix named in the said will.
And it is hereby certified that an affidavit for Inland Revenue has been delivered wherein it is shewn that the gross value of the said estate within the United Kingdom (exclusive of what the said deceased may have been possessed of or entitled to as a trustee and not beneficially) amounts to £360.0s.0d and that the said affidavit bears a stamp of £3.1s.4d for estate duty and interest on such duty.
Dated 6th March 1925.
Seal of the Probate Division of the High Court of Justice, O H Hardy District Registrar, Probate extracted by Hole Seldon and Ward solicitors Bideford.

This is the last Will and Testament of me John Cox of 2 Retreat Place Appledore Devon sailmaker.
I give devise and bequeath all my real and personal estate of every description unto my dear wife Elizabeth Cox absolutely. And I appoint my said wife sole executrix of this my will and revoke all previous wills by me at any time heretofore made and declare this writing to be my last Will and Testament.
In witness whereof I hereunto set my hand this 10th day of March 1898.
Signed: John Cox in the presence of us, present at the time who in his presence and in the presence of each other, subscribe our names as witnesses. 
John H G Lang, 12 Myrtle Place, Appledore
Francis C Gibbs, 1 Alpha Terrace, Appledore

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Document 20
On outside wrapper:
8th April 1925
Mrs Elizabeth Cox to Mr Arthur Bellew
Assignment of No.25 Market Street Appledore

This indenture made 8th day of April 1925 between Elizabeth Cox of No.25 Market Street Appledore in the county of Devon widow (hereinafter called the Vendor) of the one part, and Arthur Bellew of Appledore aforesaid retired licenced victualler (hereinafter called the Purchaser) of the other part.
Whereas John Cox late of Appledore aforesaid sailmaker was at the date of his death hereinafter recited lawfully possessed and beneficially entitled to the hereditaments hereinafter described and intended to be hereby assigned as to fourteen and one half undivided thirty fifth parts thereof for the residue of a term of 2000 years and as to twelve and one half undivided thirty fifth parts thereof for the residue of another term of 2000 years and as to the remaining eight undivided thirty fifth parts thereof for all the residue of another term of 2000 years.
And whereas by his will dated 10th day of March 1898 the said John Cox gave and devised all his real and personal estate of every description unto his wife the Vendor absolutely and he thereby appointed her to be the sole executrix thereof.
And whereas the said John Cox died on the 12th day of June 1919 without having altered or revoked his said will and the same was duly proved by the Vendor in the Exeter District Probate Registry on the 9th day of March 1925.
And whereas the vendor has agreed with the Purchaser for the sale to him of the said premises hereinafter described at the price of £800.
Now this indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of £800 now paid by the Purchaser to the Vendor (the receipt whereof the Vendor hereby acknowledges) the Vendor as beneficial owner hereby assigns unto the Purchaser All that messuage or dwelling house with the appurtenances thereto belonging situate and being No.25 Market Street in Appledore aforesaid and also the garden behind and adjoining the said dwelling house which said premises were formerly in the occupation of Thomas Hamlyn afterwards of John Hamlyn and now or lately of the Vendor To hold the same unto the purchaser for all the residue now to come and unexpired of the said term of 2000 years therein.
In witness whereof the said parties to these presents have hereunto set their hands and seals that day and year first before written.
Signed sealed and delivered by the said Elizabeth Cox in the presence of Phillip Kelly Harris shipbuilder address: Sunnyside, Appledore, Devon, 8th April 1925. Signed: Elizabeth Cox.

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Document 21
Probate 18th May 1935
Probate of Arthur Bellew of 25 Market Street, Appledore, formerly of 9 Ashley Terrace, Bideford died on 6th March 1935 at 25 Market Street.
Estate devolved to personal representative: The Reverend John George (in the Will called George) Cording of The Manse, Chulmleigh in the said County, Congregational Minister and George Braund of The Square, Northam aforesaid, baker, the executors named in the said Will.
Estate worth £2893.7s.9d
Net value £2873.11s.3d

This is the Last Will and Testament of me Arthur Bellew of No.9 Ashley Terrace Bideford.
I hereby revoke all Wills and codicils heretofore made by me.
I appoint George Cording of Bere Alston in the County of Devon and George Braund of Northam in the County of Devon to be executors and trustees to this my will.
I direct that all my just debts and funeral and testamentary expenses shall be paid as soon as conveniently may be after my decease.
I give devise and bequeath unto my wife Rosie Bellew the whole of my property both personal and real.
In witness whereof I have hereunto set my hand this 19th day of February 1923.
Signed by the said testator and for his last will and testament in the presence of us in his presence and in the presence of each other, have hereunto subscribed our names as witnesses.
F A Searle, Lloyds Bank, Bideford, bank manager
George B Langdon, 5 Queen Annes High Street, Bideford, bank cashier

Memorandum – by assent dated 2nd day of February 1937 the within named John George Cording and George Braund assented to the vesting in Rosie Bellew of all that dwelling house and premises situate and known as 25 Market Street, Appledore in the parish of Northam in the County of Devon for all the estate or interest of the within named Arthur Bellew at the time of his death.

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Document 22
1937 Feb 02
We John George Cording of The Manse Chulmleigh and George Braund of The Square Northam the executors of the will of Arthur Bellew of 25 Market Street Appledore who died on the 6th day of March 1935 and probate of his will was granted to us by the District Probate Registry at Exeter on 18th day of May 1935, do this 2nd day of February 1937 assent to the vesting in Rosie Bellew (the sole beneficiary under the said will) of all that dwelling house and premises situate and known as No.25 Market Street Appledore for all the estate or interest of the said Arthur Bellew at the time of his death.
As witness the hands of the parties hereto the day and year first before written.
Signed by the said John George Cording in the presence of John E Boyles.
Signed by the said George Braund in the presence of John E Boyles.

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Document 23
1961 
Abstract of the grant of probate of the will of Mrs Rosie Bellew deceased.
Seldon Ward and Nuttall solicitors, 18 The Quay, Bideford.
2nd February 1937 – by her will of this date Rosie Bellew of 25 Market Street Appledore Devon widow appointed her son in law John Elliott Boyles sole executor. Executed by the said R Bellew and attested.
11th May 1961 – the said R Bellew died on this date.
29th May 1961 – probate of the will of the said R Bellew was this date granted by the Exeter District Probate registry to the said John Elliott Boyles of 25 Market Street Appledore Devon grocer. Probate produced and examined at our offices Seldon Ward Nuttall, 18 The Quay, Bideford, Devon, 2nd August 1961.
Memorandum (endorsed) by assent dated 2nd day of August 1961 the within named John Elliott Boyles assented to the vesting in himself and Daisy May Boyles of 25 Market Street Appledore Devon for all the estate and interest of the within named Rosie Bellew at the time of her death and acknowledged the right of the said Daisy May Boyles to production and delivery of copies of the within written grant.

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Document 24
2nd August 1961
In the estate of the late Mrs Rosie Bellew.
Assent relating to 25 Market Street Appledore Devon
I John Elliott Boyles of 25 Market Street Appledore in the county of Devon grocer, the personal representative of Rosie Bellew late of 25 Market Street Appledore aforesaid who died on 11th day of May 1961 and whose will was proved my me on 29th day of May 1961 in the Exeter District Probate registry do this 2nd day of August 1961 hereby
1. As personal representative of the said Rosie Bellew deceased assent to the vesting in myself the said John Elliott Boyles and Daisy May Boyles of 25 Market Street Appledore aforesaid of ALL THAT messuage or dwelling house shop and premises situate and being No.25 Market Street Appledore in the county of Devon and also the garden behind and adjoining the said dwelling house for all the estate and interest of the said Rosie Bellew at the time of her death upon trust to sell the same and to stand possessed of the net proceeds of sale after payment of costs and of the net rents and profits until sale after payment of all outgoings in trust for the said John Elliott Boyles and Daisy May Boyles as joint tenants.
2. Declare that I have not previously hereto given or made any assent or conveyance in respect of any legal estate in or affecting the premises or any part thereof.
3. Acknowledge the right of the said Daisy May Boyles to the production of the probate of the said will (the possession of which is retained by me) and to delivery of copies thereof.
4. The said John Elliott Boyles and Daisy May Boyles hereby declare that pending the sale of the whole of the said property in exercise of the trust for sale thereof hereinbefore declared they the said John Elliott Boyles and Daisy May Boyles or other the trustees for sale for the time being thereof shall during their joint lives and the life of the survivor of them and 21 years after the death of such survivor in all respects have the same full and unrestricted power to dispose of the said property or any part thereof as if they were absolute owner of the same including power to mortgage for any purpose and in any manner and to lease or otherwise deal therewith.
As witness the hands of the said John Elliott Boyles and Daisy May Boyles the day and year first before written.
Signed by the said John Elliott Boyles in the presence of G M Petley clerk to Messrs Seldon Ward Nuttall solicitors, Bideford, North Devon.
Signed by the said Daisy May Boyles in the presence of G M Petley clerk to Messrs Seldon Ward Nuttall solicitors, Bideford, North Devon.

On back of document:
Memorandum – the within named John Elliott Boyles died on 12th day of October 1968 at Appledore Devon

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Document 25
13th February 1990
Daisy May Boyles and Arthur John Boyles and Anne Boyles.
Deed to gift relating to 25 Market Street, Appledore.
Seldon Ward & Nuttall, 18 The Quay, Bideford

This deed of gift is made 13th day of February 1999 [sic – 1990 intended], between Daisy May Boyles of 25 Market Street Appledore in the county of Devon (hereinafter called the Donor) and Arthur John Boyles and Anne Boyles both of The Vista, Churchill Way, Appledore, aforesaid (hereinafter called the Donees) of the other part.
Now this deed witnesseth as follows:
1. In consideration of her natural love and affection for the Donees the Grantor hereby conveys unto the donees all that messuage and dwelling house, shop and premises situate at and being No.25 Market Street Appledore in the county of Devon and also the garden behind and adjoining the said dwelling house. To hold the same unto the donees for all the estate and interest of the grantor.
2. The donees hereby declare
(i) That the donees shall stand possessed of the net proceeds of sale of the said property and of the net rents and profits thereof until sale upon trust for themselves as beneficial joint tenants.
(ii) The donees or other trustees for the time being of this deed shall have full power to mortgage charges lease or otherwise dispose of all or any part of the said property with all the powers in that behalf of an absolute owner.
(iii) We hereby certify that this instrument falls within category L of the schedule to stamp duty (exempt instruments) regulations 1987.
In witness whereof the parties hereto have hereunto set their hands and seals the day and year first before written.
Signed sealed and delivered by the said Daisy May Boyles in the presence of J G Tomlin, 18 The Quay, Bideford, Devon solicitor.
Signed sealed and delivered by the said Arthur John Boyles in the presence of J G Tomlin, 18 The Quay, Bideford, Devon solicitor.
Signed sealed and delivered by the said Anne Boyles in the presence of J G Tomlin, 18 The Quay, Bideford, Devon solicitor.

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Document 26
28th August 1991
In the High Court of Justice the District Probate Registry at Bristol be it known that Daisy May Boyles of Cheverells, Limers Lane, Northam, Devon, died on 18th April 1991.
Be it further known that at the date hereunder written the last will and testament (a copy whereof is hereunto annexed) of the said deceased was proved and registered in the said Registry of the High Court of Justice.
And administration of all the estate which my law devolves to and vests in the personal representative of the said deceased was granted by the aforesaid Court to the executor Arthur John Boyles of The Vista, Churchill Way, Appledore.
The gross value of the said estate does not exceed £125,000, and that the net value of such estate does not exceed £25,000.
Dated 28th day of August 1991.

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Document 27
14th September 1991
Arthur John Boyles and Anne Boyles and Andrew Paul Whittaker and Lisa Jane Gandy.
Agreement relating to garden belonging to 25 Market Street Appledore in the county of Devon.

This agreement is made the 14th day of September 1991 between Arthur John Boyles and Anne Boyles of 21 Market Street, Appledore (hereinafter called the Owners), and anyone who becomes entitled to the owner’s interest in the property and Andrew Paul Whittaker and Lisa Jane Gandy of 8 Vernons Lane Appledore aforesaid (hereinafter called the Tenants).
The owners agree that the tenants may use that part of the garden belonging to 25 Market Street, which said part of the garden is for identification purposes only edges red on the plan annexed hereto, and is by admeasurement approximately 30 feet in width and approximately 19 feet in depth, commencing on the [blank] day of [blank] 1991 from week to week on the payment of £5 per week payable monthly the payment being due on the 1st day of each month.
Now this agreement witnesseth as follows:
1. The tenants agree with the owners
(i) To pay the rent on the due date
(ii) Not to use the property or any part thereof except for a private garden nor to allow anyone else to do so.
(iii) To keep the property neat and tidy.
(iv) This agreement is personal to the tenants and cannot be transferred nor are they entitled to allow any other person to use the property.
2. The owners agree with the tenants:
(i) So long as the tenants comply with the terms hereof they may use the property for the purpose permitted without interference from the owners.
(ii) To take reasonable steps to prevent anyone else using the property.
3. The parties agree:
(i) Either party may give to the other notice to terminate this agreement by the giving of 3 months written notice to the other party such notice being deemed to be effectively served if posted to the last known address of the intended recipient.
(ii) The tenants will maintain the boundary structures and the owners will not be liable for any loss or damage caused by their failure to do so and the tenants will indemnify the owners in respect of all costs claims and demands made in respect of any damage so caused.
In witness whereof the parties hereto have signed this instrument as their deed the day and year first before written.
Signed by the said Arthur John Boyles in the presence of [blank].
Signed by the said Anne Boyles in the presence of [blank].
Signed by the said Andrew Paul Whittaker in the presence of J Cox clerk to Seldon Ward Nuttall, solicitor Bideford.
Signed by the said Lisa Jane Gandy in the presence of ~?~, 65 High Street Bideford.

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Document 28
15th June 1996
Mr A J and Mrs A Boyles to Mr D J Jones and Mrs D M Jones
Deed to gift relating to No.25 Market Street, Appledore.
Seldon Ward & Nuttall, 18 The Quay, Bideford

This deed of gift is made the [blank] day of [blank] 1996, between Arthur John Boyles and Anne Boyles both of The Vista, Churchill Way, Appledore Bideford Devon (the Grantor) of the one part, and Derek John Jones and Diane Mary Jones both of 12 South Road Appledore aforesaid the daughter and son-in-law of the grantors (the Donees) of the other part.
Whereas:
1) The grantors are the estate owners in respect of the fee simple absolute in possession of the property hereinafter described subject only as hereinafter mentioned but otherwise free from incumbrances.
2) The grantors are desirous of conveying the property to the donees by way of gift.
Now this deed witnesseth as follows:
1. In consideration of their natural love and affection for the Donees the Grantors hereby convey unto the donees all that messuage and dwelling house and premises situate at and being No.25 Market Street Appledore in the county of Devon and also the garden behind and adjoining the said dwelling house. To hold the same unto the donees for an estate in fee simple as joint tenants.
2. The donees hereby declare that they the donees shall stand possessed of the net proceeds of sale of the said property and of the net rents and profits thereof until sale upon trust for themselves as beneficial joint tenants, and that the donees or other trustees for the time being of this deed shall have full power to mortgage charge lease or otherwise dispose of all or any part of the said property with all the powers in that behalf of an absolute owner.
3. We hereby certify that this instrument falls within category L of the schedule to stamp duty (exempt instrument) regulations 1987.
In witness whereof the parties hereto have hereunto set their hands and seals the day and year first before written.
Signed witnessed and delivered as a deed by the said Arthur John Boyles and Anne Boyles in the presence of Audrey D Evans, 4 Churchfield, Appledore, Bideford housewife.
Signed witnessed and delivered as a deed by the said Derek John Jones and Diane Mary Jones in the presence of Audrey D Evans, 4 Churchfield, Appledore, Bideford housewife.

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Document 29
10th May 2002
Property transferred from Derek John Jones and Diane Mary Jones to Christopher Montague Upton Ommaney of Bude House Appledore, for £95,000.

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Document 30
27th May 2011
Assignment between Christopher Montagu Upton Ommaney of Bude House Appledore (the vendor), and Giles Hugh Pitt and Susannah Pitt both of Lynwood, Old Beer Road, Seaton, Devon (the purchasers).
Selling the goodwill of the business £6,500.
Selling the fixtures and fittings of the business £3,500.
Selling the premises for £250,000.

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25 Market Street – Summary of Deeds

It does not look as though any deeds existed prior to the first dated-document in 1818, because at this time leases were set up of 2000 years on the various sections of the property, and the wording contained clauses preventing any ‘unknown’ claimants having rights in the property. Prior to the first deed, the lands were known by the name of a former owner – this being Etheldred Beaple.

There were only two people in Appledore’s history called ‘Etheldred Beaple’ – these were father and son, dying in 1647 and 1693 respectively. The name given to this land therefore seems to have been passed down to the early 1800s, using the name of a former estate owner. The Beaple family owned property in this vicinity, but there are few surviving references to it.
The same phrase “formerly the lands of Etheldred Beaple deceased” appears on the deeds of the Globe Inn, next door at 23 Market Street.

Etheldred Beaple senior was born in 1583 and had four children by Agnes Vernham. He was a mariner and shipowner, who lived in a large house with lands at Silford on the hills above Northam, which had grazing rights on the Northam Burrows. When he died in 1647, he also had a house in Appledore (bought from Joan Fortescue, believed to be The Globe in Market Street), and another at Cleeve Houses (bought from William Hayman). At that time, he owned part of a ship called the George, which was based at Appledore and ‘shortly to depart for Virginia’, plus another vessel called the Phillippe. He was succeeded by his son, also called Etheldred.
Etheldred Beaple junior can be seen in the Port Books importing goods from Rochelle in 1648. He had a pew in Northam Church in 1650. He died in 1672 and has a monument in the floor of Northam Church. His will is in the National Archives. The Beaple family died out in Northam around 1700, but we still see references to the ‘Beaples Estate’ lands in the early 1800s.

The entire 25 Market Street property appears to have been divided into 3 sections, totaling 35 ‘parts’.
The various parts have been demised in sections of 14½ parts and 12½ parts (totaling 27 parts).
A later deed of 1820 refers to the remaining 8 (35th) parts, giving us the 35 parts under one owner.

1818 Dec 22
William Hernaman, a customs officer; and Samuel Tetherly, a gentleman
Sold to…
John Reeson, a yeoman of Littleham
The deeds say that William Hernaman obtained 14½ (35th) parts of the property in Aug 1815 from William Arundel Yeo surgeon of Bristol.
They also say that Samuel Tetherly obtained 12½ (35th) parts of the property in May 1818 from William Chappell.
John Reeson purchased both parts of the property from the above vendors for a total of £62.0s (£33.5s for 14½ parts, and £28.15s for 12½ parts), the property being then in the occupation of Bartholomew Lamey.
New leases of 2000 years were established for both parts.
There is a clause that water had to be obtained from the neighbouring property belonging to Thomas Ching (presumably this was No.27, as this is not mentioned on the deeds for No.23).

1820 May 06
George Brayley, gent of Bideford
Sold the other 8 parts to…
John Reeson, a yeoman of Appledore
For the sum of £18.10s.
A new term of 2000 years was established from this date.
The deeds say that George Brayley obtained 8 parts of the property in Jan 1820 from John Bake Husband, gent, through a common recovery in the Court of Common Pleas.
[Definition of Common Recovery – see https://en.wikipedia.org/wiki/Common_recovery]

1821 Sep 29
After having amalgamated the different parts of the property under a single ownership, John Reeson then sold the entire property to John Sinclair for £200.0s.
The occupant Bartholomew Lamey has now been replaced by Mary King, and the property is now said to contain ‘two dwelling houses’.
Two days later, John Sinclair raised a £200 mortgage on the property, using the security of another property he owned in Northam. Two years later, John Sinclair had paid off £50, and re-mortgaged the property with the Laudable Society.

John Sinclair was a confectioner and ran his confectionery business from this property.
He died in 1827 at the age of 69, and his widow sold the property the following year.
As part of the sale, an inventory of fittings was produced, which tells us in great details what the property contained.

John Sinclair’s widow Susanna carried on the confectionery business after his death and re-married the following year to a widower called Thomas Endall. A prenuptial agreement seems to have been put in place prior to the wedding, to ensure that Susanna’s family retained the property and its contents.

1829 Jun 24
Susanna Sinclair (now Susanna Endall) sold the entire property to John Thomas (mariner of Appledore) for £100 plus the outstanding mortgage of £150. There is no evidence that a business was run from this property after this sale.

By 1848, John Thomas had moved out of the property, and it was let to two tenants: James Berry, and Mary Lowther (widow). They were all still living there at the time of the 1851 census.

1855 Sep 29
John Thomas was now living in Hayle in Cornwall and sold the property to Thomas Hamlyn a shipwright of Appledore, although he was later described as a coal merchant, and he eventually moved to Newport in South Wales.
Payment was made of £105 to discharge the mortgage, plus £67 – a total sale value of £172.
A new mortgage was raised in the sum of £140.
Still described as ‘two dwelling houses’, they are now in occupations of James Berry and Henry Arnold.

In 1864, a further mortgage was raised on the property in the sum of £240, although this is now described as ‘lately one dwelling house’, but the mortgage also now appears to include neighbouring properties [confirmed in the deeds of Nos. 29 and 31 Market Street).

Thomas Hamlyn died in 1908 (his will made 1904). He left all his property to trustees to sell and distribute as directed. The Market Street property was sold for £205 to John Cox a sailmaker of 2 Retreat Place. John Cox raised a mortgage of £145 to enable him to purchase the property.

1925 March 06
John Cox died in 1919 aged 70 (his will made 1898), and left the property to his wife Elizabeth, although his will wasn’t proved until March 1925, when Elizabeth presumably found out that she needed to do this, in order to sell the property.

1925 Apr 08
Elizabeth Cox sold the property to Arthur Bellew (1869-1935) a licensed victualler, for £800.
Arthur Bellew had a daughter called Daisy May (born 1899).
In 1924, Daisy M Bellew married John Elliot Boyles.
They ran the shop as ‘Boyles’ as seen in Trade Directories in 1926, 1930, 1935 and 1939.

1935 May 18
Arthur Bellew died and left his estate to his wife Rosie [nee Braund].
She made her Will two years later, although she didn’t die until 1961.
In her will, she appointed her son-in-law John Elliot Boyles as executor, who later fully inherited the property.

John Boyles died in 1968, and left his estate to his wife Daisy May Boyles, although in 1970, Arthur Boyles was running the grocery shop.
In 1990, Daisy May Boyles gifted the property to her son and his wife (Arthur John and Anne Boyles).
In 1996, Arthur and Anne Boyles gifted the property to their daughter Diane Mary (now wife of Derek Jones).

In 2001, the property was transferred to Christopher Ommaney for £95,000. He sold the property in 2011 for £250,000.

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