Property deeds relating to 107 Irsha Street, Appledore

(but also relating to #105, and the Gaiety)

Taken from a set of four typewritten documents in private hands.

Note that these properties were renumbered in the 1920s or 1930s.
No. 97 became no. 105.
No. 99 became no. 107.

Transcribed by David Carter 2016

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Abstract of Title of the personal representative of P K Harris deceased. Two freehold dwelling houses numbers 97 and 99 Irsha Street, Appledore, Devon
[underneath written in pencil: 107 Irsha Street]

6th January 1900
Indenture between Harold Moody (thereinafter called the Mortgagor) of the one part, and Edward Lewis Whitney Chave and John Edward Ford (thereinafter called the Mortgagees) of the other part.
RECITING that by an indenture of conveyance date the 26th September 1893 and made between William Henry Williams of the one part, and the Mortgager of the other part it was witnessed that for the consideration therein expressed all those four dwellinghouses courtlage and small garden situate in Irsha Street otherwise West Appledore then formerly in the respective occupations of John Rendle master mariner, Thomas Hoskins and Margaret Kelly since of William Lock, William Rose and the said Margaret Kelly and then of Mary Ann Rendle, John Cole, James Cook and Agnes Hocking as tenants thereof together with the boat building yard and cellar adjoining and loft over the same then formerly in the possession of George Williams the father of the said William Henry Williams and adjoining the said dwellinghouse formerly in the occupation of Thomas Hoskins and then of William Hill joiner were conveyed unto and to the use of the Mortgagor in fee simple.
AND RECITING that the Mortgagor had since the date and execution of the thereinbefore recited indenture pulled down the before mentioned hereditaments and premises and had erected upon the site thereof the hereditaments and premises thereby conveyed.
AND RECITING contract for loan.
IT WAS WITNESSED that in consideration of £500 paid to the Mortgagor by the Mortgagees out of the moneys belonging to them on a joint account (receipt etc) the Mortgagor convenanted for payment of principal and interest at 4% as therein mentioned.
It is also witnesses that the Mortgagor as Beneficial Owner thereby conveyed unto the Mortgagees ALL THAT Public Hall with two dressing rooms, Green room, Club Room, Cellars and premises together with the two dwellinghouses and premises adjoining thereto situate in Irsha Street West Appledore then lately erected by the Mortgagor.
TO HOLD the same unto and to the use of the Mortgagees in fee simple proviso for redemption.
Covenant for Insurance
EXECUTED by said H R Moody and attested.

12th April 1903
Indenture between said H R Moody (thereinafter called the Mortgagor) of the one part, and said E.L.W. Chave and J.E. Ford (thereinafter called the Mortgagees) of the other part, RECITING last abstracted indenture.
AND RECITING agreement for further advance.
IT WAS WITNESSED that in consideration of the further sum of £200 (receipt etc) the Mortgagor convenanted for payment as therein mentioned and that all the abstracted hereditaments should stand charged with said further advance in addition to said sum of £500 and interest.
COVENANT by the Mortgagor to insure.
EXECUTED by said H.R. Moody and attested.

31st December 1903
Indenture between said E.L.W. Chave and J.E. Ford of the one part and Henry Paul and Walter Wyatt Paul of the other part and supplemental to above abstracted Indentures.
RECITING that the said principal sum of £700 remained owing to said E.L.W. Chave and J.E. Ford but all interest had been paid.
AND RECITING that the said Henry Paul and W.W. Paul had then become entitled to said principal sum of £700 upon a joint account and in consequence thereof the said E.L.W. Chave and J.E. Ford had agreed to transfer to said H. Paul and W.W. Paul said mortgage debt and the securities for the same.
IT WAS WITNESSED that in consideration of the premises said E.L.W. Chave and J.E. Ford as Mortagees thereby assigned unto said H. Paul and W.W. Paul said principal sum of £700 secured by the principal indentures and all interest thenceforth to become due thereon and the full benefit of all securities for the same to hold under the said H. Paul and W.W. Paul absolutely.
IT IS ALSO WITNESSED that for the consideration aforesaid said E.L.W. Chave and J.E. Ford as Mortgagees thereby assigned unto the said H. Paul and W.W. Paul.
ALL the lands and hereditaments comprised in the principal indentures.
TO HOLD unto and to the use of the said H. Paul and W.W. Paul in fee simple subject to such equity of redemption as was then subsisting under or by virtue of the principal indentures.
EXECUTED by said E.L.W. Chave and J.E. Ford attested.

30th April 1909
Indenture between said Henry Paul and W.W. Paul of the one part, and Thomas Oerton and William Henry Dawe of the other part and supplemental to
(1) Said abstracted Indenture thereinafter called the Principal Indenture of 6th January 1900
(2) Said abstracted Indenture of 12th April 1903
(3) Said abstracted Indenture of 31st December 1903
RECITING that the sum of £200 and no more remained owing to said H. Paul and W.W. Paul but all interest had been paid up to the date of now abstracting presents.
AND RECITING that said T. Oerton and W.H. Dawe had agreed to pay to said H. Paul and W.W. Paul said sum of £200 upon having a transfer of said mortgage debt and the securities for the same.
IT IS WITNESSES that in consideration of £200 to said H. Paul and W.W> Paul by said T. Oerton and W.H. Dawe out of moneys belonging to them on a joint account (receipt etc) said H. Paul and W.W. Paul as Mortgagees thereby assigned unto said Thomas Oerton and W.H. Dawe the said principal sum of £200 and all interest thenceforth to become due and the full benefit of all securities to hold unto said T. Oerton and W.H. Dawe absolutely.
IT IS ALSO WITNESSED that said H. Paul and W.W. Paul as Mortgagees thereby conveyed unto the said T. Oerton and W.H. Dawe.
ALL THE lands and hereditaments comprised in the principal indenture.
TO HOLD unto and to the use of the said T. Oerton and W.H. Dawe in fee simple subject to such equity of redemption as was then subsisting under the Principal Indenture and the said Indenture of Further Charge.
EXECUTED by said H. Paul and W.W. Paul and attested.

26th August 1911
Said W.H. Dawe died.

9th September 1923
BY INDENTURE of this date between Thomas Oerton of Barnstaple in the County of Devon Solicitor thereinafter called the Mortgagee of the first part, Harold Robert Moody of Appledore in the County of Devon retired station-master (thereinafter called the Vendor) of the 2nd part, and Phillip Kelly Harris of Sunnyside Appledore ship builder (thereinafter called the purchaser).
RECITING before abstracted mortgage dated the 6th January 1900.
AND RECITING before abstracted further charge of the 12th April 1903.
AND RECITING before abstracted Indenture of Transfer dated the 31st December 1903
AND RECITING before abstracted Indenture of further transfer dated the 30th day of April 1909
AND RECITING the said William Henry Dawe died on the 26th day of August 1911
AND RECITING agreement for sale at price of £170
AND RECITING all principal money and interest secured by Indenture of Mortgage and further charge had been paid and satisfied before execution of these presents as the Mortgage thereby acknowledged.
IT WAS WITNESSED that in pursuance of the said agreement and in consideration of all principal money and interest having been paid as aforesaid (receipt of which mortgage acknowledged) and of the sum of £170 then paid by the purchaser to the Vendor receipt etc, mortgagee as mortgagee and by the dwelling houses, situate adjoining the Gaiety Hall Appledore in the County of Devon being numbered 97 and 99 Irsha Street Appledore aforesaid and now in the respective occupation of Mr Cole and Mrs Cole.
TO HOLD unto and to the use of the purchaser in fee simple discharged from all principal money and interest secured by and all claims under the recited mortgage and further charge.
EXECUTED by the said T. Oerton and H.B. Moody and duly attested.
29th July 1938 Phillip Kelly Harris Sunnyside Appledore aforesaid ship builder died.
17th October 1938 Letters of Administration granted out of the Principal Probate Registry to John Lang Harris and Frederick Samuel Harris of Dock Cottage Appledore aforesaid.
 

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Copy of Letters of Administration of P.K. Harris deceased of Sunnyside Appledore.
In his Majesty's High Court of Justice.
The Principal Probate Registry.
BE IT KNOWN that Phillip Kelly Harris of Sunnyside Appledore in the County of Devon died on the 29th July 1938 Intestate a Widower.
AND BE IT FURTHER KNOWN that at the date hereunder written Letters of Administration of all the Estate which by Law devolves to and Vests in the personal representative of the said intestate were granted by His Majesty's High Court of Justice at the Principal Probate Registry thereof to John Lang Harris of Highfield Appledore aforesaid builder and Frederick Samuel Harris of Dock Cottage Appledore aforesaid Ship Builder lawful sons and two of the persons entitled to share in the Estate of the said intestate.
And it is hereby certified that an Affidavit for Inland Revenue has been delivered wherein it is shown that the gross value of the said Estate in Great Britain (exclusive of what the said deceased may have been possessed of or entitled to as a Trustee and not beneficially) amounts to £7216.3s.6d and that the net value of the personal estate amounts to £4249.11s.4d.
And it is further certified that it appears by a Receipt signed by an Inland Revenue Officer on the said Affidavit that £281.6s.9d on account of Estate Duty and Interest on such duty has been paid.
Dated the 17th day of October 1938.
Extracted by T. Oerton, Bideford, Devon.
MEMORANDUM (inter alia)
By an Assent dated the 28th December 1939 and made between the within-named John Lang Harris & Frederick Samuel Harris (1) and Mervyn Harris (2) ALL THAT messuage or dwellinghouse being No.107 (formerly 99) Irsha Street Appledore in the Parish of Northam in the County of Devon was vested in the said Mervyn Harris for an estate in fee simple in possession.

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28th December 1939
The Personal Representatives of Philip Kelly Harris deceased, to Mr M Harris.
VESTING ASSENT concerning number 107 (formerly 99) Irsha Street Appledore in the County of Devon.
T Oerton & Graham, Bideford
We, JOHN LANG HARRIS of 'Highfield' Appledore in the County of Devon builder, and FREDERICK SAMUEL HARRIS of Dock Cottage Appledore in the County of Devon shipbuilder, as the Personal Representatives of Philip Kelly Harris late of 'Sunnyside' Appledore aforesaid shipbuilder deceased, do this 28th day of December 1939 hereby as such Personal Representatives Assent to the vesting in MERVYN HARRIS of 131 Irsha Street Appledore aforesaid Shipwright of ALL THAT messuage or dwellinghouse being number 107 (formerly 99) Irsha Street Appledore in the Parish of Northam in the County of Devon and now in the occupation of [blank] for an estate in fee simple in possession.
AND we hereby acknowledge the right of the said Mervyn Harris to production of Letters of Administration to the estate of Philip Kelly Harris deceased dated the seventeenth day of October 1938 and to an Indenture dated the 29th day of September 1923 and made between Thomas Oerton of the first part, Harold Robert Moody of the second part, and the said Philip Kelly Harris of the third part, and to delivery of copies of the said respective documents.
AS WITNESS our hands the day and year first above written.
Signed by the said John Lang Harris, in the presence of W Waters clerk to Oerton & Graham solicitors, Bideford.
Signed by the said Frederick Samuel Harris, in the presence of the said W Waters.

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11th October 1963
STATUTORY DECLARATION by MERVYN HARRIS esq.
I MERVYN HARRIS of 131 Irsha Street Appledore in the County of Devon shipwright, do solemnly and sincerely declare as follows:
1) That on the 9th day of September 1923 my father Philip Kelly Harris purchased from one Harold Robert Moody the two dwellinghouses and premises known as numbers 105 and 107 (formerly 97 and 99) Irsha Street Appledore in the parish of Northam in the County of Devon.
2) That the said Philip Kelly Harris was from the said 9th day of September 1923 until the date of his death on the 29th day of July 1938 in the full free and undisturbed possession and enjoyment of the rents and profits of the said dwellinghouse and premises known as number 107 Irsha Street aforesaid.
3) That by an Assent dated 28th day of December 1939, John Lang Harris and Frederick Samuel Harris assented to the vesting in me of the said messuage or dwellinghouse known as number 107 Irsha Street aforesaid and thereby acknowledged my right to production and thereby acknowledged my right to production of a Conveyance dated the 9th day of September 1923 and made between Thomas Oerton of the first part, Harold Robert Moody of the second part, and the said Philip Kelly Harris of the third part.
4) I have had produced to me an abstract of the title of the personal representatives of the said Philip Kelly Harris which comprises (inter alia) an abstract of the said Conveyance but such Conveyance is not marked as having been examined against the original Conveyance and I do not know in whose possession the deed now is.
5) That since the said Assent dated the 28th day of December 1939, I have been in the full free and undisturbed possession and enjoyment of the rents and profits in respect of the said dwellinghouse and premises known as number 107 Irsha Street, aforesaid without any adverse claim from any persons whatsoever.
AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.
DECLARED at Bideford in the County of Devon this 11th day of October 1963.
Signed: M Harris

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Subsequent information:

No 107 was purchased by Bertram Richard Curtis and Valerie Joan Curtis nee Tucker in 1963.
Shaun Richard Stuart Curtis purchased the property in 2003.

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