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Property deeds relating to 97 Irsha Street, Appledore

For a 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 2016

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1835 April 12th – Conveyance of reversion in fee of dwelling house and garden at West Appledore in Northam.

Revd W P Thomas to Mr Robert Day and his trustee.

This indenture made 10th April in the year of our Lord 1835.

Between the Reverend William Proctor Thomas of Drakes Place in the parish of Wellington in Somerset clerk (nephew and heir at law and also devisee in fee of the hereditaments hereinafter mentioned to be hereby granted and released or intended so to be in and by the last Will and Testament of Robert Melhuish late of Witheridge in the County of Devon esq deceased) of the first part; Robert Day of Appledore in the said county of Devon mariner of the second part; and William Brinsmead of Appledore in the same county mariner of the third part.

Whereas the said Robert Day is now in the actual possession of the hereditaments hereinafter described and is possessed thereof for the residue of a certain term of years determinable on lives and the said William Proctor Thomas being seized of the reversion in fee of the same hereditaments subject as aforesaid hath contracted and agreed with the said Robert Day for the absolute sale thereof to him at of for the price or sum of £50.

Now this indenture witnesseth that for and in consideration of the sum of £50 of lawful money current in England by the said Robert Day to the said William Proctor Thomas in hand at or before the sealing and delivery of these presents well and truly paid the receipt whereof is hereby acknowledged by the said William Proctor Thomas and is hereon indorsed and of and from the same and every part thereof the said William Proctor Thomas doth acquit release and discharge the said Robert Day his heirs executors and administrators and every of them for ever by these presents he the said William Proctor Thomas Hath granted bargained sold released and confirmed and by these presents Doth grant bargain sell release and confirm unto the said Robert Day his heirs and assigns All that messuage or dwelling house with the garden and appurtenances thereto belonging situate at West Appledore within the parish of Northam aforesaid and which said messuage or dwelling house is bounded on the west by Irsha Street (above: ‘or middle’), on the east by a house belonging to James Honey and a cellar belonging to Thomas Brownscombe, on the north by a house belonging to Ann Allen, and on the south by a house belonging to John Vernam and which said garden is bounded on the east by the lane, on the west by a field the property of Mr Thomas Hogg, on the north by a garden the property of Mr William Chappel, and on the south by a garden the property of Mr William Williams and all ways liberties easements privileges profits advantages and appurtenances whatsoever to the said hereditaments and premises belonging and appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof and all the estate right title interest use trust claim and demand whatsoever both at law and in equity of the said William Proctor Thomas of in or to the same and every part thereof.

To have and to hold the said messuage or dwelling house garden and hereditaments and all and singular other the premises herein-before described and hereby granted and released or intended so to be with the appurtenances unto the said Robert Day his heirs and assigns. To the several uses nevertheless hereinafter declared concerning the same (that is to say) to such uses and for such estates or estates intents or purposes as the said Robert Day shall at any time or from time to time by any deed or deeds direct or appoint and in default of such direction or appointments. To the use of the said Robert Day and his assigns during the term of his life without impeachment of waste and immediately after the determination of that estate.

To the use of the said William Brinsmead his executors and administrators during the life of the said Robert Day upon trust nevertheless for the only benefit of the said Robert Day and his assigns and immediately after the determination of the estate hereby limited to the said William Brinsmead his executors and administrators during the life of the said Robert Day. To the use of the said Robert Day his heirs and assigns for ever.

And the said William Proctor Thomas for himself his heirs executors and administrators doth covenant promise and agree to and with the said Robert Day his heirs and assigns by these presents in manner following (that is to say) that for and notwithstanding any act matter of thing whatsoever by the said William Proctor Thomas or any of his ancestors or testators made done committed or wittingly or willingly suffered to the contrary he the said William Proctor Thomas is lawfully and rightfully seized of the said hereditaments and premises mentioned to be hereby granted and released with the appurtenances of and in a pure perfect absolute and indefeasible estate of inheritance in fee simple without any condition contingent proviso power of limitation or revocation of any use or uses or any other restraint matter or thing whatsoever to alter change charge determine upon incumber defeat or make void the same (except as appears by these presents) and also that he the said William Proctor Thomas for and notwithstanding any act matter or thing as aforesaid now hath in himself good right full power and lawful authority by these presents to grant bargain sell and release all and singular the said hereditaments and premises mentioned to be hereby granted and released with the appurtenances unto the said Robert Day his heirs and assigns. To the uses and in manner aforesaid and according to the true intent and meaning of these presents. And further that he the said Robert Day and his heirs shall and may from time to time and at all times for ever hereafter peaceably and quietly have hold occupy possess and enjoy the said hereditaments and premises mentioned to be hereby granted and released and receive and take the rents issues and profits thereof to and for his and their own use and uses without the let suit hindrance interruption or denial of the said William Proctor Thomas his heirs or assigns or of any other person claiming or to claim by from or under him or any of his ancestors or testators (save and except the said indenture of lease under which the said Robert Day now holds the said hereditaments and premises) and that free and clear and freely and clearly acquitted exonerated and discharged or otherwise by the said William Proctor Thomas his heirs or assigns well and sufficiently saved harmless and kept indemnified of from and against all and all manner of former and other gifts grants bargains sales leases mortgages jointures dowers and title of dower statutes judgments executions estates titles changes and incumbrances whatsoever made done committed or executed by the said William Proctor Thomas any of his ancestors or testators or any other person or persons by through or with for them or any of their consent privity or procurement except the person or persons claiming under or by virtue of the said indenture of lease.

And moreover that he the said William Proctor Thomas and his heirs and all and every other person or persons whomsoever having or lawfully claiming or who shall or may hereafter have or claim any estate right trust or interest of in to or out of the said premises mentioned to be hereby granted and released or any part thereof by from or under him or by from or under any of his ancestors or testators (save and except the person or persons claiming under or in respect of the said indenture of lease shall and will from time to time and at all times hereafter at the reasonable request costs and charges in the law of the said Robert Day his heirs or assigns shall make do acknowledge suffer and execute or cause and procure to be made done acknowledged suffered and executed all and why such further and other lawful and reasonable act and acts thing and things conveyances and assinances in the law whatsoever for the further better and more perfectly and absolutely conveying and assuring the said premises mentioned to be hereby granted and released as aforesaid or any part thereof unto the said Robert Day his heirs and assigns.

To the uses and in manner aforesaid as by the said Robert Day his heirs or assigns or his or their counsel shall be reasonably devised or devised and required. And it is in and by this present deed by which the said hereditaments and premises are conveyed to him the said Robert Day his heirs appointees and assigns declared that the widow of him the said Robert Day shall not be entitled to dower out of the said hereditaments and premises.

Provided always and it is hereby lastly declared that the boundaries of the said hereditaments and premises are inserted herein by way of description merely and that the said William Proctor Thomas his heirs or assigns shall not be held responsible or answerable for the accuracy of such description (any thing herein contained to the contrary notwithstanding).

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

Signed: W Proctor Thomas

[On outside of document]:

Received on the day of the date of the within written deed of and from the within named Robert Day the sum of £50 being the full consideration money within mentioned to be paid by him to me witness my hand W Proctor Thomas attested by W Comins.

Signed sealed and delivered by the within named William Proctor Thomas in the presence of: W Comins of Witheridge Devon attorney at law.

 

 

1842 January 6th – Assignment of two dwelling houses and a garden situate at West Appledore in Northam

Between Mrs Maria Passmore, to Mr Cad. E Palmer

This indenture made 6th January 1842 between Maria Passmore of Bideford in the county of Devon widow of the one part; and Cadwallader Edwards Palmer of Barnstaple in the said county gentleman of the other part.

Whereas by indenture bearing date the 5th September 1837 and made between Robert Day of Appledore in the parish of Northam in the said county mariner of the one part; and the said Maria Passmore of the other part, the said Robert Day in consideration of the sum of £51 then lent and paid to him by the said Maria Passmore and in exercise and execution of the power or authority reserved to him in and by and indenture bearing date 10th day April 1835 did direct and appoint and by way of further assurance grant and demise unto the said Maria Passmore her executors administrators and assigns. All that messuage or dwelling house with the garden and appurtenances thereto belonging situate at West Appledore in Northam aforesaid and which said house is bounded on the west by Irsha or Middle Street, on the east by a house belonging to James Honey and a cellar belonging to Thomas Brinscombe, on the north by a house belonging to Ann Allen, and on the south by a house belonging to John Vernam and which said garden is bounded on the east by the lane, on the west by a field late the property of Thomas Hogg deceased, on the north by a garden the property of William Chappell, and on the south by a garden the property of William Williams.

To hold the same with their appurtenances unto the said Maria Passmore her executors administrators and assigns thenceforth for the term of 1000 years without impeachment of waste upon trust that she the said Maria Passmore her executors administrators and assigns should or lawfully might at any time after the expiration of six calendar months from the date thereof in case the said sum of £51 and the interest at the rate of £5 per cent per annum or any part thereof should be then due and unpaid on giving six calendar months previous notice in writing to the said Robert Day her heirs or assigns or leaving the same at his or their last of usual place of abode in England make sale and absolutely dispose of the said hereditaments and premises or any part thereof for all the then residue of the said term of 1000 years either by public auction or private contract in one or more lot or lots and without and even against the consent of the said Robert Day his heirs or assigns and also convey and assign the said hereditaments and premises to the purchaser or purchasers thereof and out of the money arising from such sale or sales should in the first place deduct retain and reimburse herself and themselves all expenses which should be incurred in the execution of these trusts and in the next place should retain and pay the said sum of £51 and interest and afterwards upon trust to pay the overfilled(?) money (if any) and to re-convey or assign such part of the said hereditaments and premises as should not have been sold unto the said Robert Day his executors administrators and assigns and it was thereby declared that the receipts of the said Maria Passmore her executors administrators and assigns for the purchase money or trust money should be effectual discharges and that the person or persons who should pay such purchase money or trust money should not be obliged to see to the application thereof nor the answerable or accountable for the application or non-application thereof nor to enquire whether any such notice as aforesaid should have been given or whether any sale was necessary.

And whereas there is now due and owing from the said Robert Day to the said Maria Passmore for principal interest costs and expenses the sum of £63.7s.9d to the day of the date hereof.

And whereas the said Maria Passmore hath contracted with the said Cadwallader Edwards Palmer for the sale to him of all and singular the hereditaments and premises comprised in the hereinbefore in part recited indenture of demise and mortgage for the residue and remainder of the said term of 1000 years at or for the price or sum of £82.

From this indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of £82 of lawful English money to the said Maria Passmore paid by the said Cadwallader Edwards Palmer at or before the execution hereof the receipt whereof she the said Maria Passmore doth hereby acknowledge and of and from the same doth acquit release and discharge the said Cadwallader Edwards Palmer his executors administrators and assigns and also the said hereditaments and premises for ever by these presents.

She the said Maria Passmore doth by these presents bargain sell assign transfer and set over unto the said Cadwallader Edwards Palmer his executors administrators and assigns All and singular the hereditaments and premises hereinbefore particularly mentioned and described and all other the premises whatsoever (if any) comprised and demised by the said recited indenture with their and every of their rights members and appurtenances and also all the estate right title interest term of years yet to come and unexpired benefit and advantage whatsoever both at law and in equity of her the said Maria Passmore in to or out of the same.

To have and to hold the said hereditaments and premises hereby assigned or intended so to be with their appurtenances unto the said Cadwallader Edwards Palmer his executors administrators and assigns from henceforth during all the residue and remainder now unexpired of the said term of 1000 years.

And the said Maria Passmore for herself his heirs executors and administrators doth covenant and declare to and with the said Cadwallader Edwards Palmer his executors administrators and assigns by these presents that she the said Maria Passmore hath not at any time heretofore made done or committed or willingly or wittingly permitted or suffered to be done or committed or been party or privy to the doing of any act deed matter or thing whatsoever whereby of by reason means whereof the said hereditaments and premises or any part thereof or the said term of 1000 years therein or any part respectively or can shall or maybe assigned affected charged surrendered destroyed or incumbered in title interest charge estate or otherwise howsoever. And also that she the said Maria Passmore her executors and administrators and every other person whosoever lawfully claiming any estate or interest in to or out of the said hereditaments and premises from or under her or them shall and will from time to time and at all times hereafter upon the request and at the costs of the said Cadwallader Edwards Palmer his executors administrators and assigns make do and execute or cause to be made done and executed all such further acts conveyances and assurances in the law whatsoever for the more effectually or satisfactorily conveying and assuring the said hereditaments and premises with their appurtenances in manner aforesaid according to the true intent and meaning of these presents as by the said Cadwallader Edwards Palmer his executors administrators or assigns shall be reasonably 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: Maria Passmore.

[On outside of document]:

Received on the day and year first within written of and from the within named Cadwallader Edwards Palmer the sum of £82 being the consideration money within expressed to be paid by him to me. Signed: Maria Passmore. Witness: R Buse.

Signed sealed and delivered by the within named Maria Passmore in the presence of R Buse of Bideford.

 

 

1842 June 13th – Assignment of two dwelling houses and a garden at West Appledore in Northam for the residue of a term of 1000 years. Between Mr Cad. E Palmer and another, to Mr James Serjeant.

This indenture made the 13th day June 1842 Between Cadwallader Edwards Palmer of Barnstaple in the county of Devon gentleman of the first part; Robert Day of Appledore in the parish of Northam in the said county mariner of the second part; and James Serjeant of Appledore aforesaid painter and glazier of the third part.

Whereas by indenture bearing date 5th September 1837 and made between the said Robert Day of the one part, and Maria Passmore of the other part, the said Robert Day in consideration of the sum of £51 then lent and paid to him by the said Maria Passmore and in exercise and execution of the power or authority reserved to him in and by a certain indenture bearing date 10th April 1835 did direct and appoint and by way of further assurance did also grant and demise unto the said Maria Passmore her executors administrators and assigns the hereditaments and premises hereinafter described and also assigned or otherwise assured. To hold the same unto the said Maria Passmore her executors administrators and assigns thenceforth for the term of 1000 years without impeachment of waste upon the trusts for sale in the now reciting indenture contained for receiving payment to the said Maria Passmore her executors administrators and assigns of the said sum of £51 with interest at the rate of £5 per centum per annum.

And whereas by indenture bearing date 6th January now last past and made between the said Maria Passmore of the one part; and the said Cadwallader Edwards Palmer of the other part, after reciting the said in part recited indenture of mortgage and that there was then due and owing from the said Robert Day to the said Maria Passmore for principal interest and expenses the sum of £63.7s.9d and that the said Maria Passmore had contracted with the said Cadwallader Edwards Palmer for the sale to him of all and singular the said hereditaments and premises for the residue and remainder of the said term of 1000 years at or for the price or sum of £82. It is witnessed that in consideration of the sum of £82 paid by the said Cadwallader Edwards Palmer to the said Maria Passmore she the said Maria Passmore did grant bargain sell assign transfer and set over unto the said Cadwallader Edwards Palmer his executors administrators and assigns all and singular the said hereditaments and premises hereinafter described and also assigned or otherwise assured. To hold the same with the appurtenances unto the said Cadwallader Edward Palmer his executors administrators and assigns for all the residue of the said term of 1000 years.

And whereas the said James Serjeant hath contracted and agreed with the said Cadwallader Edwards Palmer for the purchase of the said hereditaments and premises for all the residue and remainder now to come and unexpired of the said term of 1000 years at or for the price or sum of £70 and at the request of the said Cadwallader Edwards Palmer and for the satisfaction of the said James Serjeant the said Robert Day hath agreed to join in these presents in the manner hereinafter mentioned.

Now this indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of £70 of lawful English money paid by the said James Serjeant to the said Cadwallader Edwards Palmer at or before the execution of these presents the receipt whereof in full for the purchase of the said hereditaments and premises hereinafter described and also assigned or otherwise assured for the residue of the said term of 1000 years the said Cadwallader Edwards Palmer doth hereby acknowledge and also in consideration of 10-shillings of like lawful money as aforesaid to the said Robert Day now also paid by the said James Serjeant the receipt whereof is hereby also acknowledged. He the said Cadwallader Edward Palmer Doth by these presents grant bargain sell assign transfer and set over and the said Robert Day doth also by these presents grant bargain sell assign ratify and confirm unto the said James Serjeant his executors administrators and assigns All that messuage or dwelling house with the garden and appurtenances thereto belonging situate at West Appledore in Northam aforesaid and which said messuage or dwelling house is now and hath been for many years past divided into and used and occupied as two dwelling houses and are now or lately were in the occupation of the said Robert Day and Thomazin Dunsford and bounded on the west by Irsha or Middle Street, on the east by a house belonging to James Honey and a cellar belonging to Thomas Brownscombe, on the north by a house belonging to Ann Allen, and on the south by a house belonging to John Vernham and which said garden is bounded on the east by the lane, on the west by a field late the property of Thomas Hogg deceased, and on the north by a garden the property of William Chappell, and on the south by a garden the property of William Williams together with all and singular the rights members and appurtenances to the same belonging or appertaining and all the estate right title interest benefit claim and demand whatsoever both at law and in equity of them the said Cadwallader Edwards Palmer and Robert Day and of each of them in to and out of the said hereditaments and premises and very part thereof and all deeds and writings relating thereto in the custody or power of the said Cadwallader Edwards Palmer.

To have and to hold the said messuage or dwelling house garden hereditaments and all and singular other the premises hereby assigned or intended so to be with their appurtenances unto the said James Serjeant his executors administrators and assigns for his and their own benefit henceforth for all the residue and remainder now to come and unexpired of the said term of 1000 years released and discharged by the said Robert Day from all right and equity of redemption whatsoever.

And the said Cadwallader Edwards Palmer for himself his heirs executors and administrators doth hereby covenant and agree with the said James Serjeant his executors administrators and assigns that notwithstanding any act deed matter or thing whatsoever made done or permitted by the said Cadwallader Edwards Palmer to the contrary they the said Cadwallader Edwards Palmer and Robert Day now have in themselves or one of them now hath in himself good right full power and absolute authority by these presents to assign or otherwise assure the said hereditaments and premises hereby assigned or otherwise assured with the appurtenances unto the said James Serjeant his executors administrators and assigns for all the residue which is now unexpired of the said term of 1000 years in manner aforesaid according to the true intent and meaning of these presents.

And further that it shall be lawful for the said James Serjeant his executors administrators and assigns at all times hereafter during the continuance of the said term peaceably and quietly to enter into hold and enjoy the said hereditaments and premises with the appurtenances and to take the rents and profits thereof to and for his and their own use and benefit without any eviction interruption or denial whatsoever from or by the said Cadwallader Edwards Palmer or any person or persons whomsoever having or rightfully claiming or to claim any estate right title or interest at law or in equity in to or out of the same premises or any part thereof from through under or in trust for him.

And that free and clear and freely and clearly discharged or otherwise by him the said Cadwallader Edwards Palmer his executors or administrators effectually kept indemnified from and against all manner of incumbrances whatsoever made created or suffered by the said Cadwallader Edwards Palmer his executors or administrators or any person or persons lawfully claiming by from through under or in trust for him.

And moreover that he the said Cadwallader Edwards Palmer his executors and administrators and every other person whosoever lawfully claiming any estate or interest in to or out of the said hereditaments or premises hereby assigned or otherwise assured from or under him or them shall and will from time to time and at all times hereafter upon the request and at the costs of the said James Serjeant his executors administrators or assigns make do and execute or cause to be made and executed all such further acts conveyances and assurances in the law whatsoever for the more effectually or satisfactorily assigning and assuring the said hereditaments and premises with their appurtenances in manner aforesaid and according to the true intent and meaning of these presents as by the said James Serjeant his executors administrators or assigns shall be reasonably advised and required.

In witness whereof the said parties to these presents their hands and seals have set the day and year first above written.

Signed: Cad E Palmer, Robert Day.

[On outside of document]:

Received the day and year first within written of the within named James Serjeant the sum of £70 being the full consideration money within expressed to be paid by him to me witness my hand Cad E Palmer attested by Rob’t Gee.

Signed sealed and delivered by the within named Robert Day in the presence of: Mary Nation servant to C E Palmer.

Signed sealed and delivered by the within named Cadwallader Edwards Palmer in the presence of: Rob’t Gee clerk to C E  Palmer.

 

 

1848 March 7th – Assignment of two dwelling houses at West Appledore in Northam for the residue of a term of 1000 years.

Between Mr James Serjeant to Mr George Vaggers

This indenture made the 7th day March 1848 Between James Serjeant of Appledore in the parish of Northam in the county of Devon painter and glazier of the one part; and George Vaggers of Appledore aforesaid shipwright of the other part.

Whereas by indenture bearing date on or about 13th June 1842 made between Cadwallader Edwards Palmer of the first part; Robert Day of the second part; and the said James Serjeant of the third part, the hereditaments and premises hereinafter described and also assigned or otherwise assured were (with other hereditaments) for the valuable pecuniary consideration in the now reciting indenture expressed assigned by the said Cadwallader Edwards Palmer and Robert Day unto the said James Serjeant his executors administrators and assigns thenceforth for the residue of a term of 1000 years created by an indenture therein recited bearing date 5th September 1837 and made between the said Robert Day of the one part, and Maria Passmore of the other part.

And whereas the said James Serjeant hath agreed with the said George Vaggers for the sale to him of the said hereditaments and premises hereinafter described and also assigned or otherwise assured for the residue of the said term of 1000 years therein at the price of £112.

Now this indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of £112 of lawful money current in England to the said James Serjeant paid by the said George Vaggers immediately before the execution of these presents the receipt whereof the said James Serjeant doth hereby acknowledge and from the same sum doth release the said George Vaggers his heirs executors administrators and assigns for ever by these presents.

He the said James Serjeant doth by these presents grant bargain sell assign transfer and set over unto the said George Vaggers his executors administrators and assigns All that messuage or dwelling house with the appurtenances thereto belonging situate at West Appledore in Northam aforesaid and which said messuage or dwelling house is now and hath for many years past been converted into and used and occupied as two dwelling houses and were lately in the occupation of the said Robert Day and Thomazin Dunsford and now of William Slader and John Hern and bounded on the west by Irsha or Middle Street, on the east by a house belonging to James Honey and a cellar belonging to Thomas Brownscombe, on the north by a house belonging to Ann Allen, and on the south by a house lately belonging to John Vernham (except the garden described in and assigned by the hereinbefore recited indenture which garden is not intended to be comprised in these presents) together will all and singular the rights members and appurtenances to the same belonging or appertaining and all the estate right title interest benefit claim and demand whatsoever both at law and in equity of him the said James Serjeant in to and out of the same hereditaments and premises and every part thereof and all deeds and writings relating thereto in the custody or power of the said James Serjeant.

To have and to hold the said dwelling houses hereditaments and all and singular other the premises hereby assigned or otherwise assured and every part and parcel thereof with the appurtenances (except as aforesaid) unto the said George Vaggers his executors administrators and assigns for his and their own absolute use and benefit henceforth for and during all the unexpired residue of the said term of 1000 years therein without impeachment of or for any manner or waste.

And the said James Serjeant doth hereby for himself his heirs executors and administrators covenant declare and agree with and to the said George Vaggers his executors administrators and assigns in manner following (that is to say) that notwithstanding any act deed matter or thing whatsoever by him the said James Serjeant made done committed permitted or suffered to the contrary he the said James Serjeant now hath in himself good right full power and lawful authority by these presents to assign the said hereditaments and premises hereby assigned or otherwise assured with the appurtenances unto the said George Vaggers his executors administrators and assigns for the residue of the said term of 1000 years in the manner hereinbefore mentioned and according to the true intent and meaning of these presents.

And also that notwithstanding any such act deed matter or thing as aforesaid it shall and may be lawful to and for the said George Vaggers his executors administrators and assigns henceforth and at all times hereafter during the residue of the said term hereby assigned peaceably and quietly to enter into have hold occupy and enjoy the said hereditaments and premises hereby assigned or otherwise assured with the appurtenances and to receive and take the rents and profits thereof without any let suit trouble interruption or denial whatsoever from or by the said James Serjeant his executors or administrators or from or by any person or persons claiming or to claim by from through under or in trust for him or them.

And that free and clear or otherwise by and at the expense of the said James Serjeant his heirs executors or administrators freely and clearly exonerated discharged and indemnified from and against all former and other assignments mortgages assurances estates rights titles troubles liens charges and incumbrances whatsoever made done or suffered by him the said James Serjeant his executors or administrators or any other person or persons rightfully claiming by from through under or in trust for him or them.

And moreover that he the said James Serjeant his executors and administrators and all persons rightfully claiming or to claim by from through under or in trust for him or them shall and will at all times hereafter upon every reasonable request and at the costs and charges of the said George Vaggers his executors administrators and assigns make do and execute or cause to be made done and executed all such further and other acts deeds assignments and assurances in the law whatsoever for more perfectly and absolutely or satisfactorily assigning or otherwise assuring the said hereditaments and premises hereby assigned or otherwise assured unto the said George Vaggers his executors administrators and assigns for and during the residue of the said term of 1000 years in manner aforesaid and according to the true intent and meaning of these presents as he or they shall reasonably require and tender to be made done and executed.

And whereas the title deeds and writings relating to the said hereditaments and premises hereby assigned relate also to the garden hereinbefore excepted the property of the said James Serjeant and it hath been agreed that such title deeds and writings shall be delivered to the said George Vaggers upon his entering into the covenant for the production of the same as hereinafter mentioned.

Now in pursuance of the said agreement he the said George Vaggers doth hereby for himself his heirs executors and administrators covenant and agree with the said James Serjeant his executors administrators and assigns that he the said George Vaggers his executors administrators and assigns shall and will at all times hereafter (unless prevented by fire or other inevitable accident) at the request and costs of the same James Serjeant his executors administrators or assigns produce and show forth or cause to be produced and shewn forth in England to the said James Serjeant his executors administrators or assigns or to his or their attorney or agent or in any judicial proceeding or otherwise as he or they shall reasonably require the hereinbefore in part recited indenture of assignment and all other deeds and writings relating to the said hereditaments and premises hereby assigned which now are or hereafter shall be in the custardy or power of the said George Vaggers his executors administrators or assigns and at such like request and costs shall provide and deliver any abstracts or copies attested or unattested of the same indentures deeds and writings and permit the same to be compared with the originals for maintaining and defending the estate rights title and possession of the said James Serjeant his executors administrators and assigns in and to the said garden hereinbefore excepted.

In witness whereof the said parties to these presents their hands and seals have set the day and year first above written.

Signed: Jas: Serjeant, George Vaggers.

[On outside of document]:

Received the day and year first within written of the within named George Vaggers the sum of £112 being the full consideration money within expressed to be paid by him to me witness my hand Jas: Serjeant attested by Robert Lemon, Tho; Richards.

Signed sealed and delivered by the within named James Serjeant and George Vaggers in the presence of: Tho: Richards and Robert Lemon.

 

 

1897 – Abstract of the Title of the Administratrix of Mr George Vaggars to No.85 Irsha Street, Appledore Devon on sale to Mr A B Cook.

Abstract of the Title of the Administratrix of Mr George Vaggars deceased to a dwelling house and premises No.85 Irsha Street in Appledore Devon with a piece of land adjoining formerly the site of another dwelling house held for the residue of a term of 1000 years created by an indenture bearing date 5th September 1837 on sale thereof to Mr A B Cook.

1870 March 8th by his Will of this date said George Vaggers late of West Appledore Devon shipwright and master mariner gave unto his wife Caroline Vaggars during her lifetime (inter alia) all his leasehold [freehold crossed out] property (which comprised the premises mentioned at the head of this abstract) [crossed out: during her life] and the testator empowered his said wife to make a will at his decease [crossed out: thereby gave his said wife a power of appointment by will of all his real and personal estate] in favour of his children acc’s to(?) their(?) life(?) discretion(?) to their enjoying all his real and personal estate and monies for their absolute use for ever and appointed the said Caroline Vaggers sole executrix of that his will. Duly attested.

1870 March 24th – said G Vaggers died on this day.

1870 April 14th – said Will proved by the said Caroline Vaggers in the principle registry.

1896 Nov 11th – said Caroline Vaggers died intestate leaving the premises mentioned at the head of this abstract (part of the estate of the said G Vaggers) un-administered.

1897 Feb 16th – Letters of Administration with the will of the said G Vaggers annexed were granted by the principle probate registry (as to the personal estate of said testator so left un-administered) to Caroline Boon wife of Joshua Sanders Boon the natural and lawful daughter of the said testator.

Estate: £140.

 

 

1905 May 5th – Conveyance in fee of a dwellinghouse and premises known as No.85 Irsha Street, Appledore, Devon consideration of £96.

Between Mr A B Cook and Mr P K Harris.

This indenture made 5th May 1905 between Arthur Benjamin Cook of Appledore in the parish of Northam in the county of Devon general merchant of the one part; and Philip Kelly Harris of Appledore aforesaid coal merchant of the other part.

Whereas the said Arthur Benjamin Cook is seized in fee simple free from incumbrances of the hereditaments intended to be hereby conveyed and he has agreed to sell the same to the said Philip Kelly Harris at the price of £96.

Now this indenture witnesseth that in consideration of the sum of £96 as purchase money to the said Arthur Benjamin Cook now paid by the said Philip Kelly Harris (the receipt whereof the said Arthur Benjamin Cook hereby acknowledges) the said Arthur Benjamin Cook as beneficial owner hereby conveys unto the said Philip Kelly Harris All that dwellinghouse and premises with the appurtenances thereto belonging known as No.85 Irsha Street Appledore aforesaid now in the occupation of Simon Copp as tenant thereof.

To hold the same unto and to the use of the said Philip Kelly Harris in fee simple.

In witness whereof the said parishes to these presents have hereunto set their hands and seals the day and year first before written.

Signed sealed and delivered by the said Arthur Benjamin Cook in the presence of J A Goaman solicitor Bideford. Signed: Arthur B Cook.

 

 

1969 August 29th - Conveyance of No.97 (formerly 85) Irsha Street Appledore Devon.

Percy Harris esq to Mr & Mrs J W B Craner. T A Goaman and Wright solicitors Bideford.

This conveyance is made the 29th day of August 1969 between Percy Harris of Roslen Pitt Hill Appledore in the county of Devon retired shipbuilder (hereinafter called the vendor) of the one part; and John William Berry Craner (crane driver) and Bessie Oatway Craner (his wife) both of 97 Irsha Street Appledore aforesaid (hereinafter together called the purchasers) of the other part.

Whereas the vendor is seized of the property hereinafter described for an estate in fee simple in possession free from incumbrances and has agreed with the purchasers for the sale to them of the said property for a like estate in possession free from incumbrances at the price of £1000 and it has been further agreed that the said property shall be vested in the purchasers as joint tenants in manner hereinafter appearing.

Now this deed witnesseth as follows:

1) In pursuance of the said agreement and in consideration of the sum of £1000 on or before the execution hereof paid by the purchasers to the vendor (the receipt whereof the vendor hereby acknowledges) the vendor as beneficial owner hereby conveys unto the purchasers all that messuage or dwellinghouse property and premises with the appurtenances thereto belonging situate at and known as No.97 (formerly 85) Irsha Street Appledore in the parish of Northam in the county of Devon at one time in the occupation of Mrs Jeffery as tenant thereof but now in the occupation of the purchasers. To hold the same unto the purchasers in fee simple as joint tenants.

2) The purchasers hereby declare as follows:

a) The purchasers shall hold the said property upon trust to sell the same with power to postpone the sale thereof and shall hold the net proceeds of sale and other money applicable as capital and the net rents and profits thereof until sale upon trust for themselves as joint tenants.

b) The trustees for time being of this deed shall have 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 absolute owners.

3) It is hereby certified and declared that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds £5500.

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written.

Signed sealed and delivered by the said Percy Harris in the presence of Stanley(?) Wright solicitor Bideford. Signed: Percy Harris.

Signed sealed and delivered by the said John William Berry Craner in the presence of W A Griffiths clerk to T A Goaman Wright solicitors Bideford. Signed: John W B Craner.

Signed sealed and delivered by the said Bessie Oatway Craner in the presence of W A Griffiths clerk to T A Goaman Wright solicitors Bideford. Signed: Bessie O Craner.

 

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Appendix

 

The following is a summary of the above deeds, plus further research notes:

 

1835 April 12th – Conveyance of house and garden at West Appledore.

Reverend William Proctor Thomas clerk of Wellington in Somerset (nephew and heir of Robert Melhuish late of Witheridge), to Robert Day and William Brinsmead both mariners of Appledore.

Robert Day was already living in the property as a tenant, and bought the property for £50.

William Brinsmead is also granted use of the property during Robert Day’s life [the reason for this being unclear].

The house had around it: Irsha Street on the west, James Honey’s house and Thomas Brownscombe’s cellar in the east, Ann Allen’s house on the north, and John Vernam’s house on the south.

The (presumably detached) garden had around it: a lane on the east, Thomas Hogg’s field on the west, William Chappell’s garden on the north, and William Williams’ garden on the south.

 

[Notes: In his will of 1807 (proved 1809), Richard Melhuish of Horwood in Frithelstock, appointed his sister Susannah Elizabeth Thomas (widow of Proctor Thomas) as executrix, and specifically left to her son the ‘estates of Osabere(?)’ and his ‘Manor of Irsha in Northam’. No wife or children are mentioned, but he did leave 20 guineas a year to “Mrs Catherine Stodding, who usually lives with me”.

No Northam lands were mentioned in will of his father William Melhuish 1770, or his mother Mary Melhuish 1793, so were presumably acquired at some time in Richard’s life].

 

[MISSING DOCUMENT: referred to in next document: 1837 Sept 5th – Robert Day sold the house and garden to Maria Passmore for £51, on a lease for 1000 years].

 

1842 Jan 6th – Robert Day is still owing Maria Palmer £63.7s.9d being the cost of the property plus expenses and interest.

Maria Palmer is now selling two houses and a garden to Cadwallader Edwards Palmer for £82.

1842 June 14th – Cadwallader Edwards Palmer sold two houses to James Serjeant for £70. The property has “for many years been used and occupied as two dwelling houses, and were in the occupation of Robert Day and Thomazin Dunsford”.

1848 Mar 7th – James Serjeant sold the two houses (but not the garden plot) to George Vaggers for £112. The tenants are now stated to be William Slader and John Hern.

[Note: George Vaggers died in March 1870, left house to his wife Caroline].

1897 – Caroline Vaggers died – she left no Will and the property then known as No.85 Irsha Street passed to her daughter Caroline Boon, wife of Joshua Sanders Boon.

[Note: Seven years later Arthur Cook appears to own the property, but there is no clue as to how this came to be].

1905 May 5th – Arthur Benjamin Cook a general merchant of Appledore is now stated to be the owner, and he is selling No.85 Irsha Street to Philip Kelly Harris coal merchant, for £96. At this time, the property is occupied by a tenant called Simon Copp.

1969 Aug 29th – Percy Harris retired shipbuilder is selling No.97 (formerly No.85) Irsha Street to John William Berry Craner a crane driver and his wife Bessie Oatway Craner both of 97 Irsha Street, for £1000.

 

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