Two deeds (1831 and 1855) for a House in New Street, Appledore

(possibly no’s 32 & 33)

Documents purchased from an eBay seller in August 2021,
and now deposited in the North Devon Record Office,
reference no: B1486/1 & 2.

Transcribed by David Carter 2023

[Implied letters in brackets have been added by the transcriber. Spelling remains verbatim]
 

= = = = = = = = =

List of surnames:

Belson
Bowdich otherwise Burrage
Cade
Eastman
Edger/Hedger
Hammett
Hayne(s)
Hicksford
Ivory
Rickard
Saunders
Whiteford
Whitfeld

= = = = = = = = =

Document 1 (1831), description:

1831 Feb 02
Demise of a dwelling house
Between:
i) George Bowdich otherwise Burrage, of Plymouth
ii) Mary Rickard, widow of Appledore
Premises: House in New Street, Appledore.
Bounded on the east by New Street.
On the west by a field known as the Poor estate.
On the south by the house of Mrs Cade.
On the north by the house of Mr Edger.
Consideration: £13. Term of 99 years.

On the Front:

Demise of a dwellinghouse and premises in Appledore, Devon, for a term of 900 years.
February 2nd 1831.
Between Mr George Bowdich otherwise Burrage, to Mrs Mary Rickard.
Cons[iderati]on £13.

Text of Document:

This indenture made the second day of February, one thousand eight hundred and thirty one [1831].
Between George Bowdich otherwise Burrage of Plymouth in the county of Devon, labourer, a superannuated officer of his Majesty's Customs, of the one part; and Mary Rickard of Appledore in said county of Devon, widow, of the other part.
Witnesseth the said George Bowdich otherwise Burrage, for and in consideration of the sum of thirteen pounds sterling, to him in hand paid by the said Mary Rickard, at or before the sealing and delivery of these presents, the receipts whereof he, the said George Bowdich otherwise Burrage, doth hereby acknowledge and of, and from, the same and every part thereof.
Doth acquit, release and forever discharge the said Mary Rickard, her heirs, executors, administrators and assigns, and every of them by these presents.
Hath granted, bargained, sold and demised, and by these presents doth grant, bargain, sell and demise unto the said Mary Rickard, her executors, administrators and assigns, all that messuage, tenement or dwelling house, with the garden and appurtenances thereto belonging, as the same is now used and occupied. Situate lying and being in Appledore aforesaid, in a street there called New Street.
Bounded on the east by the same street, on the west by a field or close of land known by the name of the Poor's land or Poor estate, on the south by a dwellinghouse and premises in the possession of Mrs Cade, and on the north by a dwelling house and premises in the possession of Mr Edger.
And all houses, outhouses, ways, passages, waters, watercourses, lights, easements, privileges, advantages, emoluments, rights, members and appurtenances, to the said demised premises belonging, or in any wise appertaining.
And the reversion and reversions, remainder and remainders, rents, issues and profits of the said demised premises, every or any part thereof.
And all the estate, right, title, interest, use, trust, property, benefit, possession, claim and demand whatsoever, both at law and in equity, or otherwise howsoever, of him the said George Bowdich otherwise Burrage, of, in, and to the said messuage, tenement or dwellinghouse, hereditaments and premises hereby demised, and every part thereof with their appurtenances.
And all deeds, evidences and muniments of title, whatsoever relating to, or concerning, the said premises only, or only any part thereof, which are now in the custody or power of the said George Bowdich otherwise Burrage, or which he can procure without suit at law or in equity.
To have and to hold the said messuage, tenement or dwelling house and hereditaments, and all and singular other the premises here before described, and hereby demised, or intended so to be, and every part thereof with the rights, members and appurtenances thereunto belonging or appertaining, unto the said Mary Rickard, her executors, administrators and assigns. From the day next before the day of the date of these presents, for and during and unto the full end and term of nine hundred [900] years from thence next ensuing, and fully to be compleat and ended without impeachment of, or for, any manner of waste.
Yielding and paying therefore yearly during the said term, for and in respect of the said demised premises, the rent of one peppercorn, if the same shall be lawfully demanded.
And the said George Bowdich otherwise Burrage doth hereby for himself, his heirs, executors and administrators, covenant, declare and agree with, and to, the said Mary Rickard, her executors, administrators and assigns, in manner following (that is to say) that he, the said George Bowdich otherwise Burrage, now hath in himself good right, full power, and lawful and absolute authority, by these presents to grant and demise all and singular the said messuage, tenement or dwelling house, hereditaments and premises hereby demised, or intended so to be, with their appurtenances, unto the said Mary Rickard, her executors, administrators and assigns, for and during the said term of nine hundred [900] years as aforesaid, according to the true intent and meaning of these presents.
And further that it shall be lawful for the said Mary Rickard, her executors, administrators and assigns, from time to time, and at all times hereafter during the said term, peaceably and quietly to enter into, have, hold, use, occupy, possess and enjoy the said hereditaments and premises hereby granted and demised, or intended so to be, with their respective appurtenances.
And to have, receive and take the rents, issues and profits thereof, and of every part thereof, to and for her, and their own use and benefit, for and during all the said term of nine hundred [900] years, without any lawful let, suit, trouble, hindrance, denial, eviction, ejection, interruption, claim or demand whatsoever, of, from, or by, the said George Bowdich otherwise Burrage, his heirs, executors or administrators, or any other person or persons whomsoever claiming, or to claim by, from, under, or in trust, for him, them, or any of them, or any of his ancestors or testators (except as hereinafter excepted) and that free from all incumbrances whatsoever (except the Land Tax, if any), payable in respect of the said premises, and also except all and every indentures and indenture of lease, at any time heretofore granted of the said hereby demised premises, by John Burrage the grandfather or John Burrage the father of the said George Bowdich otherwise Burrage respectively deceased, for any term or number of years, determinable on lives, or otherwise, which are now subsisting and undetermined).
And moreover that he, the said George Bowdich otherwise Burrage, his heirs, executors and administrators, and all persons claiming, or to claim, any estate, right, title, charge or interest whatsoever, at law or equity, of, in, to, or out of, the said hereditaments and premises hereby granted and demised, or intended so to be, or any part thereof, by, from, under, or in trust, for him, them, or any of them, or any of his ancestors or testators (except as hereinbefore excepted) shall and will, at all times hereafter during the said term, on the request, and at the costs of the said Mary Rickard, her executors, administrators and 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 assurances in the law whatsoever, for further more effectually or satisfactorily granting, demising and assuring the said hereditaments and premises hereby demised, with the appurtenances, unto the said Mary Rickard, her executors, administrators and assigns, for and during all the residue which shall be then to come, and unexpired of the said term of nine hundred [900] years, without impeachment of waste, as by the said Mary Rickard, her executors, administrators or assigns, or her, or their, counsel in the law, shall be reasonably advised and required.
In witness whereof said parties to these presents, their hands and seals have hereunto set the day and year first above written.
[Signed]: George Bowdich otherwise George Burrage

On the Back:

Signed sealed and delivered by the within named George Bowdich otherwise Burrage in the presence of:
Charles Cobley Hicksford of Plymouth, solicitor
Samuel Whitfeld junior his clerk.

Received the day and year first within written from the within named Mary Rickard, the sum of thirteen pounds [£13], the full consideration money within mentioned to be by her paid to me, as witness my hand.
Witnesses:
Charles P Whiteford
S Whitfeld junior
George Bowdich otherwise George Burrage

= = = = = = = = =

Document 2 (1855), description:

1855 [no date]
Assignment of part of a dwelling house
Between:
i) James Rickard, of Bridgwater
ii) William Saunders mariner of Swindon, and Jane Saunders his wife
iii) William Crunn Hayne(s), blockmaker
Premises: House and garden in New Street, Appledore.
Bounded on the east by New Street.
On the west by a field known as the Poor estate.
On the south by the house of Mrs Cade.
On the north by the house of Mr Hedger.
Consideration: £25. Term of 900 years.

On the Front:

1855
Mr James Rickard and others
To Mr W C Hayne
Assignment of a moiety of a dwellinghouse and premises situated in New Street, Appledore, Devon

Document Text:

This indenture made the [blank] day of [blank] in the year of our Lord one thousand eight hundred and fifty five [1855].
Between James Rickard of Bridgewater in the county of Somerset, ship carpenter, of the first part; William Saunders of Swindon in the county of Wilts, mariner, xb Jane Saunders his wife, of the second part; and William Crunn Hayne of Appledore, in the parish of Northam, in the county of Devon, blockmaker, of the third part.
Whereas by an indenture bearing date the second day of February, one thousand eight hundred and thirty one [1831], made between George Bowdich otherwise Burrage of the one part; and Mary Rickard (since deceased), of the other part.
All that messuage, tenement or dwelling house, with the garden and appurtenances thereto belonging, as the same was then used and occupied, situate lying and being in Appledore aforesaid, in a street there called New Street.
Bounded on the east by the same street, on the west by a field or close of land known by the name of the Poor’s land or Poor’s estate, on the south by a dwelling house and premises in the possession of Mrs Cade, and on the north by a dwellinghouse and premises in the possession of Mr Hedger, were demised unto the said Mary Rickard, her executors, administrators and assigns, thenceforth for the full term of nine hundred [900] years, without impeachment for waste.
And whereas the said Mary Rickard died, on or about the first day of September one thousand eight hundred and thirty two [1832], intestate, leaving two children only, namely the said James Rickard and Jane Saunders, and Letters of Administration of the estate and effects of the said Mary Rickard, were duly granted to the said Jane Saunders by the Archdeaconry Court of Barnstaple, on or about the 20th day of June one thousand eight hundred and forty [1840].
And whereas a partition and division of the said messuage and tenement was some years since made, between the said James Rickard and Jane Saunders, when it was agreed between them, that the moiety or half part thereof, hereinafter assigned or otherwise assured, with the appurtenances, should belong to, and be the absolute undivided property of the said James Rickard, and that the other moiety or half part thereof, should be the undivided property of the said Jane Saunders.
And whereas the said William Crunn Hayne hath contracted and agreed with the said James Rickard, for the sale to him of the moiety or half part of, and in, the said tenement, dwelling house and premises, with the appurtenances hereinafter more particularly described, for the residue now to come and unexpired, of the said term of nine hundred [900] years, at and for the price or sum of twenty five pounds [£25].
Now this indenture witnesseth that in consideration of the sum of twenty five pounds sterling [£25] to the said James Rickard, paid by the said William Crunn Hayne, immediately before the execution of these presents, the receipt whereof the said James Rickard doth hereby acknowledge, and therefrom doth hereby acquit and release the said William Crunn Hayne, his heirs, executors and administrators, for ever, and also in consideration of five shillings sterling to the said William Saunders and Jane Saunders, now paid by the said William Crunn Hayne, the receipt whereof is hereby acknowledged.
He said James Rickard by these presents, doth grant, bargain, sell, assign, transfer and set over, and the said William Saunders and Jane Saunders by these presents (by the direction of the said James Rickard), do hereby bargain, sell, assign, transfer, and set over unto the said William Crunn Hayne, his executors, administrators and assigns.
All that the one moiety or half part, divided and separated from the other moiety or half part, of and in the messuage and tenement, dwellinghouse, garden and premises herein before described, with the appurtenances, which said first named moiety or half part, is late in the occupation of Thomas Hammett, but is now unoccupied, and is bounded on the east by a certain street called New Street, on the west by a field belonging to the poor of the said parish of Northam called the Poor’s land, on the south by a dwellinghouse now in the occupation of William Eastman, and on the north by the other moiety of the hereditaments and premises comprised, in the said recited indenture of the second day of February one thousand eight hundred and thirty one [1831].
Together with all edifices, buildings, ways, paths, passages, waters, watercourses, lights, easements, privileges, advantages, emoluments, rights, members and appurtenances to the divided moiety or half part hereby assigned, or otherwise assured of, and in, the said messuage, tenement, garden and premises belonging. And all the estate, right, title, interest, terms for years property, possession, claim and demand whatsoever of them, the said James Rickard, William Saunders and Jane Saunders, of, in, and to, the same divided moiety or half part, with the appurtenances.
To have and to hold the said divided moiety or half part thereof assigned, or otherwise assured, with the rights, members and appurtenances to the same belonging, of and in the said messuage, tenement and premises hereinbefore described, unto the said William Crunn Hayne, his executors, administrators and assigns, henceforth absolutely for and during all the residue and remainder now to come and unexpired, of the said term of nine hundred [900] years therein, and for all other the estate, term and interest (if any) of the said James Rickard therein and thereto. 
And the said James Rickard doth hereby for himself, his heirs, executors and administrators, covenant and agree with the said William Crunn Hayne, his executors, administrators and assigns, in manner following (that is to say): that for and notwithstanding any act, deed, matter or thing whatsoever, by him the said James Rickard, or by any person or persons lawfully claiming from, under, or in trust for him, made, done, committed, omitted or executed, or knowingly or willingly suffered to the contrary, he the said James Rickard now hath in himself good right and absolute authority, to grant, assign and convey the said hereditaments and premises, hereby assigned and conveyed, or intended so to be, unto the said William Crunn Hayne, his executors, administrators and assigns, for all the residue of the said term of nine hundred [900] years, in manner aforesaid, and according to the true intent and meaning of these presents.
And that it shall be lawful for the said William Crunn Hayne, his executors, administrators and assigns, at all times hereafter, during the said term of nine hundred [900] years, peaceably and quietly to enter into, and have, hold, occupy, possess and enjoy the said hereditaments and premises, with their appurtenances, and to receive the rents and profits thereof, and of every part thereof, to and for his, and their, own use and benefit, without any lawful let, suit, trouble, eviction, claim or demand whatsoever, of or by him the said James Rickard, his executors or administrators, or any person or persons claiming, or to claim from, under, or in trust, for him, them or any of them.
And that free and clear, and freely and clearly, exonerated and discharged, or by the said James Rickard, his heirs, executors or administrators, well and sufficiently saved, defended, kept harmless and indemnified, of, from, and against all former and other estates, titles, charges and incumbrances whatsoever, either already, or to be hereafter had, made, done, committed or suffered by, the said James Rickard, his executors or administrators, or by any other person or persons lawfully claiming, or to claim by, from, or in trust for him, them or any of them.
And lastly that he, the said James Rickard, his executors and administrators, and all other persons having, or claiming, or who shall, or may hereafter, have claim any estate, right, title or interest at law or in equity, into or out of, the said hereditaments and premises hereby assigned and conveyed, or intended so to be, or any of them, or any part thereof, from, under, or in trust for, the said James Rickard, his executors or administrators, shall and will, from time to time, and at all times hereafter, during the said term of nine hundred [900] years, upon every reasonable request, and at the proper costs and charges of the said William Crunn Haynes [sic], his executors, administrators and assigns, make, execute and perfect, or cause to be made, executed and perfected, all such further and other lawful and reasonable acts, deeds, and assignments in the law whatsoever, for the further, better, more perfectly, and absolutely, assigning and assuring the said hereditaments and premises hereby assigned and conveyed or intended so to be, with their appurtenances, unto the said William Crunn Haynes, his executors, administrators or assigns, for the remainder which shall be then to come and unexpired, of the said term of nine hundred [900] years therein, as aforesaid, as by the said William Crunn Haynes, his executors, administrators or assigns, or his or their counsel in the law shall be devised, advised and required.
In witness whereof the said parties to these presents, have hereunto set their hands and seals the day and year first above written.
[Signed]: 
James Rickard, William Saunders, Jane Saunders.

On the Back:

Signed, sealed and delivered by the within named James Rickard, in the presence of James Ivory.
Signed, sealed and delivered by the within named William Saunders and Jane Saunders his wife, in the presence of Thomas Belson [or Beeson?].
Received on the day of the date of the within written indenture, of and from the within named William Crunn Haynes, the sum of twenty five pounds [£25], being the full consideration money within mentioned, to be paid by him to me.
Witness: James Rickard.

= = = = = = = = =

Transcriber’s notes:

As was normal for this period, identification of a property's location was made by naming the street (if it had a name), and the adjacent lands, or names of the neighbours. This means that exact locations are difficult to determine today using just this information.

From the description of the location, this house was on the west side of New Street; and using census data it was probably about three-quarters of the way down when starting from the north-western end. We can also see that the neighbours were ‘Mrs Cade’ and ‘Mr Edger’.

In the 1841 census, Sally Edgar, aged 75, was living in New Street. (She was buried in 1854 as Sarah Edgar, aged 89. Her husband was Caesar Edgar, buried 1837, aged 75, so he would be the ‘Mr Edger’ referred to here. In the 1855 deed he is probably the same 'Mr Hedger', a name incorrectly repeated from the earlier document).

Two doors away in the 1841 census, lived Easter (Esther) Cade, in a Causey household. She was said to be aged 55.

Between these two properties, must be the house the subject of these deeds, which suggests that these documents relate to numbers 32 and 33 New Street (or close by).

Mary Record [sic] died in September 1832 at the age of 70, so her ownership and occupation of this property did not last long after the 1831 document. In the 1841 census, a Taylor family were then in residence.

At some time between 1831 and 1855, the property was split into two halves, so that Mary Records’ two children could have a half each. One of these children was Jane, who in 1832 married William Sanders in Northam church.

William Sanders (of Swindon in 1855) appears in the 1851 census at 9 Reading Street, Swindon (parish of St Marks), with an occupation as a Railway Policeman, aged 45, born: Northam, Devon. Married to Jane Sanders [nee Record], aged 49, born: Northam, Devon.

Mary’s other son James Record was owner of his half of the property in 1855, and it is him that is selling to William Crunn Hayne(s) in this second document.

= = = = = = = = =