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Property deeds relating to 46 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 2016

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10th March 1818

Demise of three fourth parts of a dwelling house in Appledore, for a term of 999 years.

Mr Gibbs and wife and Miss Coward, to Mrs Mary Wickham.

This indenture made the 10th March 1818 Between Samuel Newcomen Gibbs of Plymouth Devon, linen-draper, and Prudence Gibbs his wife and Elizabeth Coward also of Plymouth spinster of the one part, and Mary Wickham of Appledore within the parish of Northam Devon widow of the other part.

Whereas by indenture of foeffment bearing date the 5th Jan now last past made between Mary Rook and Sarah Hannah Rook of Barnstaple Devon spinsters of the first part, the said Samuel Newcomen Gibbs and Prudence Gibbs his wife and Elizabeth Coward of the second part; Samuel Darke of Chancery Lane in London gent of the third part; William Callon the younger of Bideford in Devon gent of the fourth part; William Gribble of Barnstaple gent of the fifth part; and Charles Carter of Bideford gent of the sixth part; and a common recovery suffered in pursuance thereof before his Majesty’s Justices of the Court of Common Pleas at Westminster in Hilary term last in which the said Samuel Newcomen Gibbs and Prudence his wife and Elizabeth Coward were vouched and vouched over the common vouchee in the said court of common pleas the herediments and premises hereinafter described were limited and assured to the use of such person and persons and for such estate and estates upon such trusts and to and for such ends intents and purposes and with under and subject to such powers provisos declarations and agreements as the said Samuel Newcomen Gibbs and Prudence his wife and Elizabeth Coward during their joint lives should by any deed or deeds to be by them legally executed direct limit or appoint and in default of such direction or appointment to such now as therein mentioned.

And whereas the said Samuel Newcomen Gibbs and Prudence Gibbs his wife and Elizabeth Coward have contracted with the said Mary Wickham for the absolute sale to her of the herediments hereinafter particularly mentioned and described and hereinafter directed limited and appointed granted and demised for the term of 999 years free from all charges and incumbrances whatsoever at or for the price or sum of £45.

Now this indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of £45 of lawful money of Great Britain by the said Mary Wickham to the said Samuel Newcomen Gibbs and Prudence his wife and Elizabeth Coward in hand paid at or immediately before the sealing and delivery of these presents the payment of which said sum of £45 they the said Samuel Newcomen Gibbs and Prudence Gibbs his wife and Elizabeth Coward do hereby respectively acknowledge and from the same and every part thereof do severally requit release and discharge the said Mary Wickham her heirs executors administrators and assigns for ever by these presents.

They the said Samuel Newcomen Gibbs and Prudence his wife and Elizabeth Coward in pursuance exercise and execution of the power and authority to them given or limited by the said indenture of foeffment of 5th January last and of the common recovery suffered in pursuance thereof and of every other power and authority them or either of them in any wise enabling in this behalf by this present deed or instrument in writing by them respectively legally executed. Do and each of them Doth direct limit and appoint grant bargain sell and demise unto the said Mary Wickham her executors administrators and assigns from the date of these presents for and during the full end and term of 999 years thence next ensuing without impeachment of or for any manner of waste whatsoever All those three-quarters or three fourth parts of and in all that messuage tenement or dwelling house with the appurtenances situate in Appledore within the parish of Northam aforesaid formerly in the possession of Henry Jeffery but now in the possession of the said Mary Wickham together with all and all manner of rights privileges easements advantages and appurtenances whatsoever to the said messuage or tenement herediments and premises or any of them or any part thereof respectively belonging or in any wise appertaining and the rents issues and proceeds to accrue or become payable for or in respect of the same or any part thereof. And all the estate right title interest use trust property possession claim and demand whatsoever both at law and in equity of them the said Samuel Newcomen Gibbs and Prudence his wife and Elizabeth Coward into out of upon or respecting the said herediments and premises or any of them for and during the said term together with all deeds writings and evidences whatsoever which in any wise relate to the same premises or any part thereof which now are of hereafter during the said term shall or may be in the possession or lawful power of the said Samuel Newcomen Gibbs and Prudence his wife and Elizabeth Coward their heirs or assigns or of any person or persons from whom they can or may procure the same without suit at law or in equity.

To have and to hold the said three fourth parts of and in the said messuage tenement or dwelling house herediments and premises hereinbefore described unto the said Mary Wickham her executors administrators and assigns from the day of the date of these presents for and during the full and complete term of 999 years thence next ensuing without impeachment of or for any manner of waste.

And the said Samuel Newcomen Gibbs and Elizabeth Coward for themselves severally and respectively and for their several and respective heirs executors and administrators and the said Samuel Newcomen Gibbs for and on the behalf of the said Prudence his wife Do and each of them Doth covenant promise grant and agree to and with the said Mary Wickham her executors administrators and assigns by these presents in manner following (that is to say) that the power and authority so given or reserved to them in or by the said hereinbefore in part recited indenture of foeffment and common recovery is at the time of the sealing and delivery of these presents in full force and effect and has not at any time heretofore been revoked annulled extinguished suspended or otherwise become void or voidable.

And also that he the said Samuel Newcomen Gibbs and Prudence his wife and Elizabeth Coward now have in themselves full power and lawful and absolute right and title to direct limit and appoint grant bargain sell and demise all and singular the said herediments and premises and the possession thereof unto the said Mary Wickham her executors administrators and assigns in the manner aforesaid and according to the true intent and meaning of these presents.

And further that it shall and may be lawful to and for the said Mary Wickham her executors administrators and assigns from time to time and at the times hereafter during the residue of the said term of 999 years to enter into and upon hold possess and enjoy all and singular the herediments and premises hereinbefore directed limited and appointed granted and demised or mentioned or intended so to be with their and every of their respective rights members and appurtenances and to receive and retain the rents issues profits and proceeds thereof and of every part parcel and member thereof without impeachment of or for any manner of waste as aforesaid to and for her and their own use and benefit without any manner of hindrance interruption disturbance claim or demand whatsoever by or from the said Samuel Newcomen Gibbs and Prudence his wife and Elizabeth Coward or their heirs or any person or persons whomsoever. And that free and clear or clearly and absolutely discharged and exonerated or otherwise by the said Samuel Newcomen Gibbs and Prudence his wife and Elizabeth Coward their heirs executors or administrators effectually defended protected kept harmless and indemnified of from and against all and all manner of former and other gifts grants bargains sales leases mortgages jointures and all other estates titles troubles charges and incumbrances whatsoever had made done executed or suffered or to be had made done executed or suffered by them the said Samuel Newcomen Gibbs and Prudence his wife and Elizabeth Coward any or either of them or any other person or persons lawfully claiming or to claim by from or under them or any of them.

And moreover that they the said Samuel Newcomen Gibbs and Prudence his wife and Elizabeth Coward and their heirs and all and every other person and persons now or at any time hereinafter rightfully claiming or possessing any estate right title charge or interest at law or in equity into out of upon or respecting the herediments and premises hereby directed limited and appointed granted and demised or mentioned or intended so to be or any part thereof from through under or in trust for them any or either of them shall and will from time to time and at all times hereafter upon every reasonable request and at the costs of the said Mary Wickham her executors administrators or assigns make do acknowledge levy suffer and execute or cause and procure to be made done acknowledged levied suffered and executed all and every such further and other lawful and reasonable acts deeds conveyances matters and things whatsoever for the further better more perfectly absolutely or satisfactorily directing limiting and appointing granting and demising the said herediments and premises and every part and parcel thereof unto the said Mary Wickham her executors administrators and assigns for and during all the residue and remainder which shall be then to come and unexpired of or in the said term of 999 years in such manner and form as she or they or her or their counsel in the law shall advise and require.

In witness whereof the parties aforesaid to these presents their hands and seals have set the day and year first above written: Signed: Samuel Newcomen Gibbs, Prudence Gibbs, Elizabeth Coward.

14th June 1830 – Will.

George Barnes: Clerk Doctor of Divinity Archdeacon of the Archdeaconry of Barnstaple lawfully constituted Do by these presents make known unto all men that on the 29th October 1830, before the Reverend William Spurway clerk our surrogate lawfully appointed. The last Will and Testament of Mary Wickham late of Northam in Devon and our archdeaconry aforesaid widow deceased was introduced proved approved and registered. And that administration of all and singular the goods chattels and credits of the said deceased any way concerning her said Will was committed unto Richard Buse one of the executors in the said will named He being first sworn on the Holy Evangelists well and faithfully to administer the same and under and yield a true and just account thereof when lawfully required, reserving a power unto John Williams the other executor in the said will named. Saving every ones rights.

In Testimony whereof we have hereunto set our seal of office dated the day and year above written.

Signed: James Pearce, Reg[istra]r.

Effects sworn under £100.

This is the last Will and Testament of me Mary Wickham of Appledore within the parish of Northam in the County of Devon widow.

Whereas I am possessed of interested in and well entitled unto all those three quarters or three fourth parts of and in all that messuage or dwelling house and courtlege behind the same with their appurtenances situate in Appledore aforesaid formerly in the possession of Henry Jeffery but now in the occupation of Daniel Lovering and William Rowe for and during the residue and remainder of a term of 999 years. And which said dwelling house and courtlege is now covenanted unto and used and occupied as two dwelling houses and courtleges. Now I do hereby dispose of the same in manner following (that is to say):

I give and bequeath unto John Williams of Bickington within the parish of Fremington yeoman, and Richard Buse of Bideford scrivener their executors and administrators all that the western part of my dwelling house and premises with its appurtenances as now divided off Together with that part of the courtlege immediately behind and contiguous thereto and now occupied by the said Daniel Lovering with the last mentioned premises. To hold the same unto the said John Williams and Richard Buse their executors and administrators upon the following trusts (that is to say) Upon trust to permit and suffer my daughter Mary Ann Lovering wife of the said Daniel Lovering and her assigns to occupy and receive and take the rents issues and profits thereof for and during the term of her natural life and from immediately after the decease of my said daughter Mary Ann Lovering upon trust for the use and benefit of the child if but one or of all and every the children if more than one (lawfully begotten) of the said Mary Ann Lovering his or their executors administrators and assigns in equal shares and proportion as tenants in common and now as joint tenants for and during all the then residue and remainder of my estate and interest therein. But in case the said Mary Ann Lovering shall depart this life in the life time of the said Daniel Lovering without leaving issue as aforesaid Then upon trust to permit and suffer the said Daniel Lovering and his assigns to occupy and receive and take the rents issues and profits thereof for and during the term of his natural life and from and immediately after the decease of the said Daniel Lovering Then upon trust to permit and suffer my two grand daughters Mary Ann Rowe and Eliza Rowe (children of my deceased daughter Eliza Rowe) and their executors administrators and assigns to occupy and receive and take the rents issues and profits thereof for and during all the residue and remainder of my interest therein to come and unexpired share and share alike as tenants in common and now as joint tenants and without being subject or in anywise liable to the debts controul interference or engagements of any future husband with or to whom they may intermarry.

I give and bequeath unto the said John Williams and Richard Buse their executors and administrators all that the eastern part of my said dwelling house and premises with its appurtenances as now divided off Together with that part of the courtlege immediately behind and contiguous thereto and now occupied by my son in law the said William Rowe with the last mentioned premises. To hold the same unto the said John Williams and Richard Buse their executors and administrators upon trust to receive and take the rents issues and profits thereof and pay apply and dispose thereof to and for the sole use and benefit of the said Mary Ann Lovering her executors administrators and assigns until my said two grand daughters Mary Ann Rowe and Eliza Rowe shall attain their respective ages of twenty-one years, and when and so soon as they shall have attained their respective ages of twenty-one years then I give and bequeath the last mentioned premises unto my said grand daughters Mary Ann Rowe and Eliza Rowe their executors administrators and assigns, to hold the same unto my said grand daughters Mary Ann Rowe and Eliza Rowe their executors administrators and assigns share and share alike as tenants in common and not as joint tenants for and during all the residue and remainder then to come and unexpired of the said term therein to and for their own absolute benefit and disposal and without being subject in any wise to the debts controul interference or engagements of any husbands with or to whom they may intermarry. Provided always that if any or either of my said grand daughters Mary Ann Rowe and Eliza Rowe shall happen to die before attaining the age of twenty one years then I hereby give and bequeath the share in the said premises of her so dying unto and to the use of the survivor of them her executors administrators or assigns. And my further will and meaning is that if both my said grand daughters Mary Ann Rowe and Eliza Rowe shall happen to die before attaining their ages of twenty one years, then and in such case I hereby give and bequeath the whole of the said premises so bequeathed to them as aforesaid unto the said Mary Ann Lovering her executors administrators and assigns for and during all the residue and remainder of the said term therein to and for the only proper use and behoof of the said Mary Ann Lovering her executors administrators and assigns and without being subject to the debts controul interference or engagements of the present or any future husband with or to whom she may intermarry.

As to for and concerning all the residue and remainder of my personal estate and effects whatsoever which shall remain after payment of my just debts and funeral and testamentary expenses I give and bequeath the same unto and to the use of the said Mary Ann Lovering her executors administrators and assigns for ever. And I do hereby declare that it shall be lawful for my said trustees executors or administrators by and out of the monies which shall come to their hands to reimburse themselves all charges and expenses which they may sustain or be put unto in the execution of the trusts hereby in them reposed and that the one of them shall not be answerable for the other of them but each of them only for his own acts deeds neglects and defaults and that they or either of them shall not be answerable or accountable for any more money than they respectively shall actually receive nor for any loss which may happen in the execution of the said trusts unless the same happen by his or their wilful default. And lastly I hereby nominate constitute and appoint the said John Williams and Richard Buse executors of this my last will and testament hereby revoking and making void all former wills made by me made and do declare this to be my last will and testament.

In witness whereof I have hereunto set my hand and seal the 14th June 1830.

Signed sealed published and declared by the said Mary Wickham the Testatrix as and for her last will and testament in the presence of us who at her request and in her presence and in the presence of each other have hereunto set our names as witnesses.

Charles Hartnoll junr, Appledore, Sarah Bowden, Appledore.

7th July 1850

Assignment of premises in Market Street, Appledore, for the residue of a term of 999 years absolute.

Miss Eliza Rowe and others, to Miss Mary Ann Rowe.

This indenture made 7th July 1850, Between Eliza Rowe of Bideford in the county of Devon spinster of the first part, John Williams of Fremington in the said county yeoman and Richard Buse of Bideford aforesaid gentleman of the second part, Mary Ann Lovering of Appledore within the parish of Northam in the said county widow of the third part and Mary Ann Rowe of Appledore aforesaid spinster of the fourth part.

Whereas Mary Wickham late of Northam aforesaid widow deceased being at the time of making and publishing her will hereinafter recited and so continuing without intermission until the time of her death lawfully and rightfully possessed of interested in and well entitled unto the dwelling house and premises hereinafter more particularly described with the appurtenances for the residue of a certain term of 999 years absolute therein made and published her last will and testament in writing bearing date the 14th June 1830 duly executed and attested and thereby gave and bequeathed unto the said John Williams and Richard Buse their executors and administrators all that the western part of the said dwelling house premises hereinafter described with the appurtenances then divided off Together with that part of the courtlege contiguous thereto and then occupied therewith To hold the same unto the said John Williams and Richard Buse their executors and administrators upon the trusts therein mentioned (that is to say) upon trust to permit and suffer her daughter the said Mary Ann Lovering (wife of Daniel Lovering) and her assigns to occupy and receive and take the rents thereof for her life And from and after her decease upon trust for the use and benefit of the child if but one or of all the children if more than one of the said Mary Ann Lovering in equal shares as tenants in common but in case the said Mary Ann Lovering should depart this life in the lifetime of the said Daniel Lovering without leaving issue as aforesaid then upon trust for the said Daniel Lovering and his assigns during his And after his decease then upon trust to permit and suffer her (the testatrix’s) two grand daughters the said Mary Ann Rowe and Eliza Rowe and their executors administrators and assigns to occupy and receive the rents thereof for and during all the residue of her interest therein share and share alike as tenants in common. And by the will now in recital the testatrix also gave and bequeathed unto the said John Williams and Richard Buse their executors and administrators All that the eastern part of the same dwelling house and premises hereinafter described as then divided off Together with that part of the courtlege contiguous thereto and then occupied by William Rowe To hold the same unto the said John Williams and Richard Buse their executors and administrators Upon trust to receive and take the rents thereof and pay and apply the same to and for the sole use and benefit of the said Mary Ann Lovering her executors administrators and assigns until the said Mary Ann Rowe and Eliza Rose should attain their respective ages of twenty one years And then and so soon as they should have attained their respective ages of twenty one years. Then the testatrix gave and bequeathed the same unto the said Mary Ann Rowe and Eliza Rowe their executors administrators and assigns To hold unto the said Mary Ann Rowe and Eliza Rowe their executors administrators and assigns share and share alike as tenants in common for and during all the residue of the said term therein for their own absolute use benefit and disposal. And the testatrix thereby appointed the said John Williams and Richard Buse executors of her said will.

And Whereas the said Mary Wickham shortly afterwards departed this life without altering or revoking her said will was on the 29th October 1830 duly proved by the said Richard Buse alone in the Archidiaconal Court of Barnstaple.

And Whereas the said Daniel Lovering some time since departed this life having the said Mary Ann Lovering who is now of the age of 56 years and hath never had any issue him surviving.

And Whereas the said Mary Ann Rowe and Eliza Rowe have attained their respective ages of 21 years.

And Whereas the said Mary Ann Rowe hath contracted with the said Eliza Rowe for the absolute purchase of the hereditaments hereinafter described and hereby assigned for the residue of the said term of 999 years therein at or for the sum of £75. And the said John Williams and Richard Buse and Mary Ann Lovering at the request of the said Eliza Rowe and for the greater satisfaction of the said Mary Ann Rowe have agreed to join in and execute these presents as hereinafter mentioned.

Now this Indenture Witnesseth that in pursuance of the said contract and in consideration of £75 of lawful money current in England to the said Eliza Rowe paid by the said Mary Ann Rowe immediately before the execution hereof the receipt whereof the said Eliza Rowe doth hereby acknowledge and therefrom doth release the said Mary Ann Rowe her executors administrators and assigns. And also in consideration of ten shillings of like lawful money to each of them the said John Williams and Richard Buse now paid by the said Mary Ann Rowe the receipts whereof they do hereby respectively acknowledge they the said John Williams and Richard Buse (at the request and by the direction of the said Eliza Rowe testified by her being party to and executing these presents) do and each of them doth by these presents (according to their respective estates and interests therein by way of assignment only and not of covenant of warranty of title and so far as they respectively can or lawfully may but not further or otherwise) Bargain sell and assign And the said Eliza Rowe doth by these presents bargain sell and assign ratify and confirm unto the said Mary Ann Rowe her executors administrators and assigns All that the one undivided moiety or equal half part or share of her the said Eliza Rowe of and in All that messuage tenement or dwelling house and courtlege with the appurtenances situate in Market Street in Appledore aforesaid formerly in the possession of Henry Jeffery but since of the said Mary Wickham and which said dwelling house and premises were some years since covenanted into and are now used and occupied as two dwelling houses and courtlages and were lately occupied by the said Daniel Lovering and William Rowe but are now in the respective occupations of John Ham and James Lemon And all edifices buildings courtlages ways paths passages waters watercourses advantages rights quays members and appurtenances whatsoever to the same belonging And all the estate right title interest property possession claim and demand whatsoever at law and in equity of them the said Eliza Rowe and John Williams and Richard Buse and of each of them in to out of or upon the said hereditaments hereby assigned together with all the deeds relating thereto now in the custody of the said Eliza Rowe.

To have and to hold the said one undivided moiety or equal half part or share hereby assigned of her the said Eliza Rowe of and in the said messuages tenements or dwelling houses courtlages and premises hereinbefore described with the appurtenances unto the said Mary Ann Rowe her executors administrators and assigns henceforth for and during all the residue and remainder now therein to come and unexpired of the said term of 999 years (subject nevertheless as to the western part of the said messuage or dwelling house and courtlege late in the occupation of the said Daniel Lovering but now of the said John Ham to the life estate of the said Mary Ann Lovering therein) And the said Eliza Rowe for herself her heirs executors and administrators hereby covenants with the said Mary Ann Rowe her executors administrators and assigns That the said term of 999 years or the now unexpired residue thereof is good valid and subsisting and is not merged forfeited extinguished surrendered or otherwise become void or voidable. And also that they the said Eliza Rowe, John Williams and Richard Buse now have in themselves or some or one of them have or hath in themselves herself or himself good right full power and lawful authority to assign the said one undivided moiety hereby assigned of and in the said dwelling house and hereditaments (subject as aforesaid) unto the said Mary Ann Rowe her executors administrators and assigns in manner as aforesaid.

And further that it shall be lawful for the said Mary Ann Rowe her executors administrators and assigns at all times hereafter during the residue of the said term peaceably and quietly to enter into and upon have hold use occupy possess and enjoy the said hereditaments hereby assigned And to receive and take the rents thereof without any lawful let suit trouble eviction ejection interruption claim or demand whatsoever from or by the said Eliza Rowe or any other person or persons whomsoever And that free from all incumbrances whatsoever (the life estate of the said Mary Ann Lovering in the western part of the said dwelling house and courtlege lately in the occupation of the said Daniel Lovering but now of the said John Ham only excepted).

And moreover that she the said Eliza Rowe and every other person whosoever having or rightfully claiming any estate right title term trust charge or intent at law or in equity of in to or out of the said hereditaments hereby assigned shall at all times hereafter upon every reasonable request and at the costs of the said Mary Ann Rowe her executors administrators or assigns make do and execute or cause and procure to be made done and executed all such further and other lawful reasonable acts deeds and assignments in the law whatsoever for more effectually assigning the said hereditaments hereby assigned with the appurtenances unto the said mary Ann Rowe her executors administrators and assigns as by the said Mary Ann Rowe her executors administrators or assigns or her or their counsel in the law shall be reasonably advised or devised and required.

And this indenture further witnesseth that the said Mary Ann Lovering in consideration of the natural love and affection which she hath and beareth for and towards her niece the said Mary Ann Rowe and also in consideration of ten shillings to her now paid by the said Mary Ann Rowe the receipt whereof if hereby acknowledged doth by these presents (according to her estate and interest therein by way of assignment only and not of covenant or warranty of title and so far as she can or lawfully may but no further or otherwise) bargain sell and assign unto the said Mary Ann Rowe her executors administrators and assigns the entirety of All that the western part of the said messuage or dwelling house and premises hereinbefore described with the appurtenances and late in the occupation of the said Daniel Lovering but now of the said John Ham. And all the estate right title interest property possession possibility claim and demand whatsoever at law and in equity of her the said Mary Ann Lovering in to out of or upon the same hereditaments or any part thereof. To hold the same with the appurtenances unto the said Mary Ann Rowe her executors administrators and assigns at all times from and after the decease of her the said Mary Ann Lovering for and during all the residue and remainder of the said term of 999 years then therein to come and unexpired. And that in as large ample and beneficial manner as she the said Mary Ann Lovering her executors administrators or assigns might have held and enjoyed the same if these presents had not been made.

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

Signed: Eliza Rowe, John Williams, R Buse, Mary Ann Lovering.

Received the day and year first above written from the within named Mary Ann Rowe £75 the full consideration money within mentioned. Signed: Eliza Rowe. Witness: Charles Hartnoll junr.

Signed sealed and delivered by the within named Eliza Rowe, Richard Buse, and Mary Ann Lovering in presence of: Charles Hartnoll junr.

Signed sealed and delivered by the within named John Williams in presence of: Frances Williams.

Memorandum that by indenture dated 25th March 1854, the dwelling house and premises within mentioned to have been late in the occupation of Daniel Lovering but then of John Ham were for valuable consideration assigned and the within written indenture was covenanted to be produced unto John Beara of Appledore mercer and for the residue of the term therein. Signed: R H Buse, solicitor.

29th July 1850

Assignment of dwelling houses in Appledore for a residue term of 999 years absolute upon trust for sale and securing payment of £78 and interest.

This indenture made the 29th July 1850 between (i) Mary Ann Rowe of Appledore spinster, and (ii) Charles Hartnoll the younger cordwainer of the same place.

Whereas the said Mary Ann Rowe under and by virtue of divers wills, mesne assignments and other acts and assurances in the law now is and standeth lawfully and rightfully possessed of interested in and well entitled unto the messuage tenement or dwelling house and premises hereinafter described and also assigned for the residue of a certain term of 999 years absolute therein (subject as hereinafter mentioned). And Whereas the said Mary Ann Rowe having occasion for a loan of the sum of £78 hath applied to and requested the said Charles Hartnoll to lend and advance the same to her which he hath agreed to do having the repayment thereof with interest secured in the manner hereinafter mentioned.

Now this Indenture Witnesseth that in consideration of the sum of £78 sterling to the said Mary Ann Rowe lent advanced and paid by the said Charles Hartnoll immediately before the execution of these presents the receipt whereof the said Mary Ann Rowe doth hereby acknowledge and there from doth release and discharge the said Charles Hartnoll his heirs executors administrators and assigns for ever by these presents, she the said Mary Ann Rowe Doth by these presents bargain sell assign transfer and set over unto the said Charles Hartnoll his executors administrators and assigns All that messuage tenement or dwelling house and courtlege with the appurtenances situate in Market Street in Appledore aforesaid formerly in the possession of Henry Jeffery but since of Mary Wickham. And which said dwelling house and premises were some years since converted into and are now used and occupied as two dwelling houses and courtleges and were lately occupied by Daniel Lovering and William Rowe but are now in the respective occupations of John Ham and James Lemon, and lie there bounded on the north by a dwelling house and premises the property of Thomas Lemon, on the south by a dwelling house and premises the property of Thomas Cooke, on the east by the Quay and River Torridge, and on the west by the said street called market Street. And all edifices buildings courtlages ways paths passages waters watercourses advantages rights quays members and appurtenances whatsoever to the same belonging. And all the estate right title interest property possession claim and demand whatsoever of her the said Mary Ann Rowe in to out of or upon the said hereditaments hereby assigned Together with all deeds relating thereto now in the custody of the said Mary Ann Rowe. To have and to hold the said messuages tenements or dwelling houses courtlages and all and singular other the premises hereby assigned with their appurtenances (subject as hereafter mentioned) unto the said Charles Hartnoll his executors administrators and assigns henceforth for and during all the residue and remainder of the said term of 999 years now therein to come and unexpired But nevertheless upon the following trusts (that is to say) Upon Trust that he the said Charles Hartnoll 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 £78 and the interest thereof at the rate of £5 per centum per annum or any part thereof shall then remain due and unpaid on giving six calendar months previous notice or wording to the said Mary Ann Rowe her executors administrators or assigns or leaving the same at her or their last or usual place of above in England or by affixing such notice on some conspicuous part of the hereditaments and premises hereby assigned make sale and absolutely dispose of the said hereditaments and premises hereby assigned or any part thereof for all the then residue of the said term of 999 years therein either by public auction or by 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 Mary Ann Rowe her executors administrators or assigns And also 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 thereof shall direct And by and out of the money arising from such sale or sales do and shall in the first place deduct retain and reimburse himself and themselves the costs and expenses which shall be 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 Charles Hartnoll his executors administrators or assigns the said sum of £78 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 reassign such part of the said hereditaments and premises as shall remain unsold unto the said Mary Ann Rowe her executors administrators or assigns or as she or they shall direct Provided always and it is hereby declared and agreed by and between the parties to these presents that the receipt or receipts of the said Charles Hartnoll his executors administrators or assigns for the purchase money or trust money which shall come to her or their hand or hands by virtue hereof shall be effectual discharge or an effectual discharge for the same 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 or accountable for the misapplication or non-application thereof Nor to inquire 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 inquire 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 Mary Ann Rowe her executors administrators or assigns. And further that he the said Charles Hartnoll his executors administrators or assigns shall not be answerable or accountable for any more money than he or they shall actually receive Nor for involuntary losses And the said Mary Ann Rowe doth hereby for herself her heirs executors and administrators covenant and agree with and to the said Charles Hartnoll his executors administrators and assigns that she the said Mary Ann Rowe her heirs executors administrators or assigns shall and will on the 29th January next punctually pay unto the said Charles Hartnoll his executors administrators and assigns the said sum of £78 together with interest for the same at the rate of £5 per centum per annum all of lawful money of Great Britain. And also that she the said Mary Ann Rowe now hath in herself good right full power and lawful and absolute authority by these presents to assign the said hereditaments and premises hereby assigned (subject only as hereinafter mentioned) unto the said Charles Hartnoll his executors administrators and assigns in manner and upon the trusts aforesaid.

And further that it shall be lawful for the said Charles Hartnoll his executors administrators or assigns at all times hereafter during the residue of the said term of 999 years to enter into and upon have hold and enjoy the said hereditaments and premises hereby assigned and receive and take the rents and profits thereof for his and their own benefit without any lawful let suit trouble interruption or denial whatsoever from or by the said Mary Ann Rowe or any other person or persons whomsoever And that free from all incumbrances whatsoever (save and except the estate and interest of her the said Mary Ann Lovering for and during her life of and in the western part of the said dwelling house and courtlege hereby assigned which was lately in the occupation of the said Daniel Lovering but not of the said John Ham). And moreover that she the said Mary Ann Rowe and all other persons whomsoever lawfully claiming or to claim and estate right title or interest in or to the said hereditaments and premises hereby assigned shall at all times hereafter upon every reasonable request of the said Charles Hartnoll his executors administrators or assigns but at the expense of the said Mary Ann Rowe her executors administrators or assigns make do and execute all such further and other lawful and reasonable acts deeds assignments and assurances in the law whatsoever as may be necessary for more effectually or satisfactorily assigning and assuring the same hereditaments and premises with the appurtenances unto the said Charles Hartnoll his executors administrators and assigns in manner and upon the trusts aforesaid.

And lastly that she the said Mary Ann Rowe her executors administrators or assigns shall at her or their own expense so long as the said sum of £78 and interest or any part thereof shall remain due insure and keep insured the said dwelling houses and other buildings hereby assigned against loss or damage by fire in the name of the said Charles Hartnoll his executors administrators or assigns in the sum of £50 at the least in some public fire insurance office in England and shall permit him or them to receive all such sum and sums of money as may become due in respect of such insurance upon the same trusts as are hereinbefore expressed 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 hereinbefore written.

Signed: Mary Ann Rowe, Charles Hartnoll junr.

Received the day and year first aforesaid from the said Charles Hartnoll the sum of £78 being the full consideration money before mentioned to be paid by him to me. Signed: Mary Ann Rowe, attested by R Buse.

Signed sealed and delivered by the said Mary Ann Rowe and Charles Hartnoll in the presence of: R Buse.

29th July 1852

Further Charge on dwelling houses and premises in Appledore to secure £22 and interest.

Miss Mary Ann Rowe, to Mr Charles Hartnoll.

This indenture made 29th July 1852 Between Mary Ann Rowe of Appledore within the parish of Northam Devon spinster of the one part, and Charles Hartnoll of the same place cordwainer of the other part.

Whereas by indenture bearing date on or about 29th July 1850 made between the said Mary Ann Rowe of the one part and the said Charles Hartnoll of the other part, In consideration of £78 then lent and paid by the said Charles Hartnoll to the said Mary Ann Rowe All that messuage tenement or dwelling house and courtlege with the appurtenances situate in Market Street in Appledore aforesaid formerly in the possession of Henry Jeffery but since of Mary Wickham And which dwelling house and premises were some years since converted into and were then and are now used and occupied as two dwelling houses and courtlages and were lately occupied by Daniel Lovering and William Rowe but are now in the respective occupations of John Bale and Joseph Cox and lie there bounded on the north by a dwelling house and premises the property of Thomas Lemon, on the south by a dwelling house and premises the property of Thomas Cooke, on the east by the Quay and River Torridge and on the west by the said street called Market Street. And all rights members and appurtenances to the same belonging were assigned (subject as to the dwelling house and premises in the occupation of the said John Bale to the life estate of Mary Ann Lovering of Appledore aforesaid widow therein) by the said Mary Ann Rowe unto the said Charles Hartnoll his executors administrators and assigns for the residue of a term of 999 years absolute therein Upon trusts for sale for securing payment unto the said Charles Hartnoll his executors administrators or assigns of the said sum of £78 and interest as therein mentioned.

And Whereas the said Charles Hartnoll at the request of the said Mary Ann Rowe hath agreed to advance to her the said Mary Ann Rowe the further sum of £22 at interest upon security of the premises hereinbefore described making together with the said sum of £78 the sum of £100.

Now this indenture witnesseth that in consideration of the sum of £22 of lawful British money lent advances and paid by the said Charles Hartnoll to the said Mary Ann Rowe immediately before the execution of these presents the loan and receipt of which said sum of £22 the said Mary Ann Rowe doth hereby acknowledge and of and from the same and every part thereof doth acquit release and discharge the said Charles Hartnoll his heirs executors administrators and assigns and every of them for ever by these presents she the said Mary Ann Rowe doth hereby for herself her heirs executors and administrators covenant promise and agree with and to the said Charles Hartnoll his executors administrators and assigns that she the said Mary Ann Rowe her executors or administrators shall and will well and truly pay or cause to be paid unto the said Charles Hartnoll his executors administrators or assigns the said sum of £22 of lawful British money on the 29th January next ensuing with interest for the same after the rate of five pounds per centum per annum computed from the date hereof free from all taxes and without any other deduction whatsoever. And for the more effectually securing the payment of the said sum of £22 and interest to the said Charles Hartnoll his executors administrators or assigns she the said Mary Ann Rowe doth hereby for herself her heirs executors and administrators further covenant and assigns that all and singular the hereditaments and premises comprised in the hereinbefore in part recited indenture of assignment and thereby assigned to the said Charles Hartnoll his executors administrators and assigns upon the trusts together with the appurtenances shall (subject to aforesaid) henceforth stand and be charged and chargeable with and remain continue and be a security to the said Charles Hartnoll his executors administrators and assigns as well for the payment of the said sum of £22 now advanced and lent with interest for the same after the rate aforesaid from the day of the date hereof to grow due for the same principal sum free from all taxes and without any other deduction whatsoever as also for the payment of the said sum of £78 pounds before lent and advanced and the interest thereof making together the principle cum of £100. And that no part of the said hereditaments and premises shall be redeemed or redeemable either at law or in equity until as well the said principal sum of £78 before advanced and the interest thereof shall be fully paid and satisfied unto the said Charles Hartnoll his executors administrators or assigns.

And also that she the said Mary Ann Rowe her executors administrators or assigns and every other person claiming any estate charge right title or interest in to upon or out of the hereditaments and premises hereby charged as aforesaid or intended so to be (except the person whose interest is hereinbefore mentioned) shall and will at any time or times hereafter on the request of the said Charles Hartnoll his executors administrators or assigns but at the costs and charges of the said Mary Ann Rowe her executors administrators or assigns make and execute every such further deed conveyance and assurance whatsoever for the more absolutely and effectually charging the hereditaments and premises comprised in the said recited indenture of assignment with the payment of the said sum of £22 and interest in manner aforesaid according to the true intent and meaning of these presents as by the said Charles Hartnoll his executors administrators or assigns or his or their counsel in the law shall be reasonably advised and required.

And it is hereby agreed and declared between and by the said Mary Ann Rowe and Charles Hartnoll that the trusts powers and provisos declared and contained in and by the said recited indenture of assignment for the levying raising and paying the aforesaid sum of £78 and interest shall be applicable to the levying raising and paying as well the sum of £22 hereby secured and the interest thereof in case default shall be made in payment thereof as the aforesaid principal sum of £78 and interest. And the said Charles Hartnoll his executors administrators or assigns shall henceforth accordingly stand possessed of the aforesaid hereditaments and premises with the appurtenances (subject as aforesaid) upon such trusts and under such powers and provisos as shall be necessary for effectuating the purpose aforesaid.

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 Charles Hartnoll the sum of £22 being the consideration money hereinbefore mentioned to be paid by him to me. Signed: Mary Ann Rowe.

Attested by: Mary Ann Rowe, R H Buse.

Signed sealed and delivered by the above named Mary Ann Rowe in the presence of R H Buse, Solicitor, Bideford.

[On 13th March 1853, Mary Ann Rowe married Alfred Flanders. Both were resident in Meeting Street].

7th August 1853

Notice of this date to Alfred Flanders of Appledore mariner and Mary Ann Flanders his wife lately Mary Ann Rowe requiring payment of the said principle sums and interest in six months.

25th March 1854

Assignment of a dwelling house and courtlege in Market Street, Appledore for the residue of a term of 999 years.

Mr & Mrs Flanders and others, to Mr George Owen.

This indenture made the 25th March 1854 Between Charles Hartnoll of Appledore in the parish of Northam in the County of Devon cordwainer of the first part, Alfred Flanders of Appledore aforesaid mariner and Mary Ann his wife (lately Mary Ann Rowe spinster) of the second part, John Williams of Fremington in the said county yeoman, and Richard Buse of Bideford in the said county gentleman of the third part and George Owen of Appledore aforesaid carpenter of the fourth part.

Whereas Mary Wickham late of Northam aforesaid widow deceased duly made her last will and testament bearing date 14th June 1830 and thereby bequeathed a certain messuage or dwelling house and courtlege situate in Appledore aforesaid then in occupation of Daniel Lovering and held for the residue of a term of 999 years commencing therein on or about 10th March 1818 unto the said John Williams and Richard Buse their executors and administrators upon trust for Mary Ann Lovering the wife of the said Daniel Lovering and her assigns for her life And after her decease upon trust for the child if but one or of all and every the children if more than one of the said Mary Ann Lovering in equal shares as tenants in common. But in case the said Mary Ann Lovering should die in the lifetime of the said Daniel Lovering without leaving issue Then upon trust for the said Daniel Lovering and his assigns for his life. And after his decease upon trust for her (the testatrix’s) grand daughter Eliza Rowe and the said Mary Ann Rowe their executors administrators and assigns share and share alike as tenants in common. And the testatrix appointed the said John Williams and Richard Buse executors of her said Will.

And whereas the said Mary Wickham shortly afterwards departed this life without revoking or allowing her said Will which on the 29th October 1830 was duly proved by the said Richard Buse alone in the Archidiaconal Court of Barnstaple.

And whereas the said Daniel Lovering departed this life many years since.

And whereas by indenture bearing date 7th July 1850 made between the said Eliza Rowe (spinster) of the first part the said John Williams and Richard Buse of the second part the said Mary Ann Lovering of the third part and the said Mary Ann Rowe of the fourth part The undivided moiety of her the said Eliza Rowe in the said messuage or dwelling house and courtlege was subject to the life interest of the said Mary Ann Lovering assigned (among other premises) by the said Eliza Rowe unto the said Mary Ann Rowe her executors administrators and assigns for the residue of the said term therein.

And whereas by indenture bearing date the 29th July 1850 and made between the said Mary Ann Rowe of the one part and the said Charles Hartnoll of the other part The entirety of the said messuage or dwelling house and courtlege was subject as aforesaid assigned (among other premises) by the said Mary Ann Rowe unto the said Charles Hartnoll his executors administrators and assigns for the residue of the said term therein Upon trusts for sale for securing payment of £78 and interest as therein mentioned.

And Whereas by indenture bearing date 29th July 1852 made between the said Mary Ann Rowe of the one part and the said Charles Hartnoll of the other part The said messuage or dwelling house and courtlege were among other premises charged by the said Mary Ann Rowe with the payment to the said Charles Hartnoll of the further sum of £22 and interest.

And whereas the said Mary Ann Rowe hath intermarried with and is now the wife of the said Alfred Flanders and the said Mary Ann Lovering hath lately departed this without ever having had any issue.

And whereas there is owing to the said Charles Hartnoll upon or by virtue of his said mortgage securities for principal money interest and costs the sum of £115.

And whereas the said George Owen hath contracted with the said Alfred Flanders and Mary Ann his wife for the absolute purchase of the said messuage or dwelling house and courtlege for the residue of the said term free from all incumbrances for the sum of £130. And the said John Williams and Richard Buse have at the request of the said Alfred Flanders and Mary Ann his wife consented to join in these presents in the manner hereinafter appearing.

Now this Indenture witnesseth that in pursuance of the said contract and in consideration of the sum of £115 sterling part of the said purchase money to the said Charles Hartnoll paid by the said George Owen immediately before the execution of these presents by the direction of the said Alfred Flanders and Mary Ann his wife testified by their severally executing these presents the receipt whereof and that the same is in full discharge of all monies due to him on his said securities the said Charles Hartnoll doth hereby acknowledge and therefrom doth release as well the said George Owen, Alfred Flanders and Mary Ann his wife respectively and there respective executors administrators and assigns as also the said purchased premises for ever by these presents. And also in consideration of the sum of £15 sterling being the residue of the said purchase money to the said Alfred Flanders and Mary Ann his wife at the same time paid by the said George Owen the receipt whereof and the payment of the said sum of £115 to the said Charles Hartnoll as aforesaid making together the said sum of £130 in full for the absolute purchase of the said premises the said Alfred Flanders and Mary Ann his wife do hereby acknowledge and therefrom do and each of them doth release the said George Owen his executors administrators and assigns and also the said purchased premises for ever by these presents. And also in consideration of ten shillings to the said John Williams and Richard Buse now also paid by the said George Owen the receipt whereof is hereby acknowledged. They the said Charles Hartnoll, John Williams and Richard Buse at the request and by the direction of the said Alfred Flanders and Mary Ann his wife testified as aforesaid do and each of them doth by these presents according to their respective estates and interest and by way of assignment only and not of covenant or warranty bargain sell and assign And the said Alfred Flanders and Mary Ann his wife do and each of them doth by these presents grant bargain sell assign ratify and confirm unto the said George Owen his executors administrators and assigns All that messuage or dwelling house with the courtlege behind and adjoining thereto situate in Market Street in Appledore aforesaid formerly in the occupation of Henry Jeffery afterwards of the said Daniel Lovering since of John Ham but now of John Bale which said courtlege is nineteen feet and one inch in breadth at the east end thereof. And all which premises are bounded on the east by the Quay, on the west by the said street, on the north by a dwelling house the property of Thomas Lemon, and on the south by a dwelling house contracted to be sold by the said Alfred Flanders and Mary Ann his wife to John Beara now in the occupation of Joseph Cox And all easements rights and appurtenances to the said premises hereby assigned belonging And all the estate right title interest term and terms for years trust property possession claim and demand whatsoever of them the said Charles Hartnoll, Alfred Flanders and Mary Ann his wife John Williams and Richard Buse respectively in and to the same together with all deeds and muniments of title relating thereto.

To have and to hold the said messuage or dwelling house courtlege and premises hereby assigned with the appurtenances unto the said George Owen his executors administrators and assigns henceforth for and during all the unexpired residue of the said term of 999 years without impeachment of waste freed and absolutely discharged from all the trusts contained or referred to in or by the said mortgage securities or either of them.

And the said Alfred Flanders for himself his heirs executors and administrators and for the said Mary Ann his wife she hereby consenting doth hereby covenant with the said George Owen his executors administrators and assigns in manner following what is to say that notwithstanding any thing by the said Alfred Flanders and Mary Ann his wife or either of them or by the said Mary Wickham deceased or any person or persons lawfully claiming through or in trust for them or any or either of them done or suffered to the contrary, the said Charles Hartnoll, Alfred Flanders and Mary Ann his wife John Williams and Richard Buse or some or one of them now have or hath full power by these presents to assign the premises hereby assigned unto the said George Owen his executors administrators and assigns in manner hereinbefore mentioned.

And further that it shall be lawful for the said George Owen his executors administrators and assigns at all times during the residue of the said term peaceably and quietly to enter into possess and enjoy the premises hereby assigned and to receive the rents thereof without any interruption claim or demand from or by the said Alfred Flanders and Mary Ann his wife or either of them or any person or persons lawfully claiming or to claim through or in trust for them or either of them or the said Mary Wickham deceased And that free from all incumbrances whatsoever.

And moreover that they said Alfred Flanders and Mary Ann his wife and each of them their and each of their executors and administrators and all other persons whomsoever having or rightfully claiming through or in trust for them or either of them or the said Mary Wickham deceased shall and will at all times hereafter upon every reasonable request and at the costs of the said George Owen his executors administrators and assigns do and execute all such acts and assurances for further or better assuring the premises hereby assigned unto the said George Owen his executors administrators and assigns for the then residue of the said term as by him or them shall be reasonably required.

And each of them the said Charles Hartnoll, John Williams and Richard Buse so far as relates to his own acts doth hereby for himself his heirs executors and administrators covenant with the said George Owen his executors administrators and assigns that they the said Charles Hartnoll, John Williams and Richard Buse respectfully have not done or suffered any act or deed whereby the premises hereby assigned are can or shall be impeached or incumbered in title or otherwise.

And it is hereby declared and agreed by and between the said George Owen and Alfred Flanders and Mary Ann his wife that the middle wall which now divides the premises hereby assigned from the said dwelling house contracted to be sold to the said John Beara as aforesaid shall at all times be held and enjoyed by and between the said George Owen and John Beara their executors administrators and assigns as a party wall.

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

Signed: Charles Hartnoll, Alfred Flanders, Mary Ann Flanders, John Williams, R Buse, George Owen.

25th March 1854

Bond of Indemnity

Mr & Mrs Flanders, to Mr George Owen

Know all men by these presents that we Alfred Flanders of Appledore in the parish of Northam county of Devon mariner, and Mary Ann Flanders the wife of the said Alfred Flanders are held and firmly bound to George Owen of Appledore aforesaid carpenter in the penal sum of £130 of lawful British money to be paid to the said George Owen or to his certain attorney executors administrators or assigns For which payment to be well and truly made we bind ourselves and each of us and the heirs executors and administrators of us and each of us and every of them jointly and severally firmly by these presents sealed with our seals. Dated this 25th March in the 17th year of the reign of our sovereign Lady Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith and in the year of our Lord 1854.

Whereas the above named George Owen lately contracted and agreed with the above bounden Alfred Flanders and Mary Ann his wife for the absolute purchase of All that messuage or dwelling house and courtlege behind and adjoining the same situate in Market Street in Appledore aforesaid now in the occupation of John Bale master mariner for the residue of a certain term of 999 years at or for the price or sum of £130. And whereas by a certain indenture bearing even date with and executed immediately before the execution of these presents and made or expressed to be made between Charles Hartnoll of Appledore aforesaid cordwainer of the first part, the said Alfred Flanders and Mary Ann his wife of the second part, John Williams of Fremington in the said county yeoman and Richard Buse of Bideford in the said county gentleman of the third part, and the said George Owen of the fourth part The said messuage or dwelling house and courtlege have in consideration of the said sum of £130 paid by the said George Owen as therein mentioned been assigned unto the said George Owen his executors administrators and assigns for the residue of the said term therein. And whereas upon the treaty for the purchase of the said messuage or dwelling house and courtlege it was agreed that the said Alfred Flanders and Mary Ann his wife should enter into a bond in the penalty of £130 with such a condition for making the same void as is hereinafter contained.

Now therefore the condition of the above written obligation is such that if the said George Owen his executors administrators or assigns should from time to time and at all times hereafter during the residue of the said term peaceably and quietly have hold use occupy possess and enjoy the said messuage or dwelling house and courtlege comprised in and assigned by the said indenture and every part thereof with the appurtenances and have receive and take the rents issues and profits thereof and of every part thereof for his and their own use and benefit without any let suit trouble denial eviction ejection interruption claim or demand whatsoever or from or by the said Alfred Flanders and Mary Ann his wife or either of them or their or either of their executors or administrators or of from or by any other person or persons whomsoever claiming or to claim the same messuage or dwelling house and courtlege or any part thereof adversely to the estate right title interest or possession of the said George Owen his executors administrators and assigns Then the above written obligation to be void otherwise to remain in full force and virtue.

Signed sealed and delivered by: Alfred Flanders, Mary Ann Flanders, in presence of: R H Buse solicitor Bideford.

27th March 1854

Mr Alfred Flanders and others, and Mr George Owen.

Statutory Declaration in support of title. In the matter of the sale and purchase of a messuage in Market Street Appledore.

We Charles Hartnoll of Appledore in parish of Northam Devon cordwainer, Alfred Flanders of the same place mariner, and Mary Ann Flanders the wife of the said Alfred Flanders severally declare and say:

And first I the said Charles Hartnoll for myself do solemnly and sincerely declare and say that I am of the age of 57 years or thereabout and have lived in Appledore aforesaid nearly all my lifetime. That I knew and was well acquainted with Mary Wickham late of Appledore aforesaid widow who died in or about the year 1830. That I have intimate knowledge of the two dwelling houses and courtledges situate in Market Street in Appledore aforesaid lately sold by the said Alfred Flanders and Mary Ann his wife to George Owen and John Beara and recollect when they were in the respective occupations of Daniel Lovering and William Rowe as tenants thereof to the said Mary Wickham. And I further positively declare that the said Mary Wickham held quiet and peaceable possession of the said two dwelling houses and courtledges and to the best of my knowledge and belief received the rents and profits of the same and every part thereof for many years previous to her decease. And that since her decease quiet and peaceable possession of the same two dwelling houses and courtledges has been held and the rents and profits thereof received by Mary Ann Lovering (to whom as I have been informed the said Mary Wickham devised the same for life) and the said Aldred Flanders and Mary his wife successively without let or hindrance from any person whatever.

And we the said Alfred Flanders and Mary Ann Flanders for ourselves himself and herself jointly and severally solemnly and sincerely declare and say that we were lawfully married at Appledore in the month of March 1853. And that the said Mary Ann Lovering died in the month of December last without ever having had any issue according to the best of our respective knowledge information and belief. And we further jointly and severally say that we have not nor hath or have either of us or any person or persons to our knowledge or belief entered into acknowledged confessed suffered or become bound in any recognisance judgement or obligation to any person or persons or made done executed committed permitted or suffered or been privy to or cognizant of any conveyance mortgage grant or annuity marriage or other settlement or any matter or thing whatsoever (other than and accept the several matters and things mentioned in the indenture hereinafter referred to whereby or by reason or means whereof the messuage or dwelling house and courtledge situate in Market Street in Appledore aforesaid (which by indenture already prepared bearing date 25th March 1854 and expressed to be made between the said Charles Hartnoll of the first part, as these declarants of the second part John Williams and Richard Buse of the third part and George Owen of the fourth part are intended to be immediately assigned unto the said George Owen his executors administrators and assigns) or any part thereof are is or can be impeached charged or incumbered in any wise howsoever.

And we severally make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of an act made and passed in the 6th year of the reign of his late majesty King William IV instituted an act to repeal an act of the present session of Parliament intituled an act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state and the substitute declarations in lieu thereof and for the more entire suppression of voluntary and extra judicial oaths and affidavits and to make other provisions for the abolition of unnecessary oaths.

Declared and subscribed by the above named Alfred Flanders, Mary Ann Flanders at Bideford in Devon this 27th March 1854 before me R H Buse comm[issioned] to administer oaths in chancery.

30th April 1897

By his will of this date George Line Owen of Appledore within the parish of Northam in the county of Devon joiner, gave devised and bequeathed all his freehold and leasehold dwellinghouses lands and hereditaments situate in the parish of Northam aforesaid or elsewhere of which he died possessed and the rents and profits thereof and also all the other his real and personal state and effects whatsoever unto his daughter Alice Owen upon trust thereout to pay his just debts funeral and testamentary expenses and subject thereto to stand seised and possessed of the residue thereof for her life for her own absolute use or until the day of her marriage and from and after her decease or marriage then upon trust for and to divide the same unto and equally between all his children who should be living at the time of his decease or should die in his lifetime leaving lawful issue him or her surviving the issue of such child of his to take equally the share of the deceased parent who being a male should attain the age of 21 years or being a female should attain that age or marry under that age. And he thereby authorised and empowered his trustee for the time being of that his will at her or his sole discretion when as he or she should think it convenient so to do absolutely to sell and convert into money by public auction or private contract any part or parts of his said trust estate and premises so devised. And he thereby appointed his said daughter Alice Owen sole executrix of that his will.

15th January 1904: Codicil to the said Will of George Line Owen of this date which did not in any way affect the appointment of Alice Owen as executrix or the devise of his real and leasehold premises to her for life with remainder to his other children.

11th February 1906: George Line Owen died on this date.

9th March 1906: Probate of the Will was granted to Alice Owen by the Exeter District Probate Registry.

8th December 1933: By her will of this date Alice Owen then residing at The Grenville Nursing Home, Meddon Street, Bideford, gave all her property of every description to her nephew George Owen Mayne, and appointed him sole executor of her will.

27th December 1936: Alice Owen died on this date.

30th January 1937: Probate of her said Will was granted to the said George Owen Mayne of 4 Ashleigh Road, Barnstaple, by Exeter District Probate Registry.

24th Feb 1937, official search in Land Registry, against Alice Owen deceased spinster of Appledore and Bideford, and George Owen Mayne of 4 Ashleigh Road Barnstaple.

12th March 1937, by assignment of this date made between said George Owen Mayne (the vendor) of the one part, and Richard Henry Taylor of 48 Market Street Appledore grocer (the purchaser) of the other part, for £150.

Reciting G L Owen being possessed of in the premises and intended to be assigned for the residue of a term of 999 years absolute which commenced in 1818 free from incumbrances, died on 11th Feb 1906 having by his will dated 30th April 1897 given and bequeathed the said premises with other property unto his daughter Alice Owen for her own use for life or until marriage, and from and after her decease or marriage upon trust for sale as therein expressed with power of sale when and as the trustee for the time being of his said will at or his sole discretion should think fit and the said testator appointed the said A Owen sole executrix of his said will who on the 9th March 1906 duly proved his said will (with a codicil not affecting the appointment of the said A Owen as executrix of the bequest of the said premises) at the Exeter District Probate Registry.

And reciting no vesting deed was executed in relation to the property thereby assured and the said A Owen died unmarried on 27th Dec 1936 having by her Will dated 8th Feb 1933 appointed the vendor sole executor thereof who duly proved the same on 30th Jan 1937 in the Exeter District Probate Registry.

And reciting the vendor as the per. rep. of the said A Owen deceased had agreed to sell to purchaser the premises free from incumbrances at the price of £150.

It was witnessed as follows:

In pursuance of said agreement and in consideration of the sum of £150 on or before the execution thereof paid by the purchaser to the vendor as such per.rep. as aforesaid (rect etc) the vendor as per.rep. of the said A Owen deceased assigned unto the purchaser. All that messuage or dwelling house with the yard thereuto belonging situated at and being 46 Market Street, Appledore, and having a frontage to the Quay there. To hold unto the purchaser for all the residue of the said term of 999 years.

13th March 1937: By legal charge between R H Taylor (the borrower) and the Great Torrington Building Society, in consideration of the sum of £120.

4th October 1945: By receipt of this date the Building Society acknowledged to have received all moneys intended to be secured.

29th October 1945: By assignment between (i) Richard Henry Taylor formerly of 46 Market Street but then of Shebbear grocer and general merchant (the vendor), and (ii) George Blakemore Moyse of the Globe Hotel (the purchaser), for the sum of £225. All that messuage or dwelling house with a yard belonging to the site at No.46 Market Street, and having a frontage to the Quay, to hold the same for the residue of the term of 999 years.

25th April 1959

Application for a land search. 46 Market Street.

George Blackmore Moyse formerly of The Globe Hotel, Market Street, but now of 3 Chanters Lane, Northam, retired licensed victualler.

Richard Henry Taylor formerly of 46 Market Street, Appledore, but then of Shebbear grocer and general merchant.

Abstract of Title, leasehold property known as 46 Market Street.

7th November 1959

Deed between Arthur Ewart McKinnell of The Wedge, 17 Irsha Street (the surety), and Western Counties Building Society.

Legal charge to Catherine Margaret McKinnell (the mortgagor).

[McKinnell ownership continued up to 1991]

= = = = = = = = =

Appendix

Summary and notes for the above deeds.

Salient names and property details have been extracted here.

Although the deeds only date back to 1818 when a 999 year lease commences on this property, the house does contain architectural features which date the structure to the early 1700s.

5th Jan 1818: In the document dated 10th March 1818, there is a reference to an earlier indenture of this date between: (i) Mary Rook & Sarah Hannah Rook spinster of Barnstaple; (ii) Samuel Newcomen Gibbs & his wife Prudence Gibbs and Elizabeth Coward; (iii) Samuel Darke gent of Chancery Lane in London; (iv) William Callon the younger gent of Bideford; (v) William Gribble gent of Barnstaple; and (vi) Charles Carter gent of Bideford. This relates to a ‘recovery in the Court of Common Pleas at Westminster in Hilary term last’ in which Samuel Newcomen Gibbs & his wife Prudence and Elizabeth Coward were vouched over the common vouchee in the said court, for these premises.

[This legal case appears complex, and the details not recorded here, but resulted in the confirmation that this land was owned by Samuel & Prudence Gibbs and Elizabeth Coward. Following this agreement, a 999 year lease was commenced on this property.

Samuel Newcomen Gibbs was born 26 Sep 1786, the son of Nicholas Gibbs and Hannah Newcomen. He married Prudence Coward at Honiton on 14th Dec 1814. He died in 1869, aged 82.

Clues are possibly found in the Will of Benjamin Coward, mariner of Northam, proved 18 July 1797 (ref: PROB 11/1293).

In this Will he makes a bequest to his friends Benjamin Rooke junior gent of Appledore, and Daniel Coward gent of Poole in Dorset.

Benjamin also mentions his wife Prudence Coward, and his children: Benjamin Coward, Elizabeth Coward, Prudence Coward. The latter two appear to be the ones who gained this land – Samuel Gibbs acquiring it from his wife, but it looks as though the Rooke family might have been questioning this ownership.  From deeds of a house in Marine Parade owned by the Rooke family, we know that Sarah Hannah Rook was the grand-daughter of Benjamin Rook].

10th Mar 1818: Deed between (i) Samuel Newcomen Gibbs linen-draper of Plymouth, his wife Prudence Gibbs and Elizabeth Coward spinster of Plymouth; to (ii) Mary Wickham widow of Appledore. Three quarters of a house in Appledore sold with a 999 year lease for £45, formerly in possession of Henry Jeffery.

29th Oct 1830: Mary Wickham died, and in her will dated 14th June 1830 she left (three quarters of) her house to her descendants: (i) her daughter Mary Ann Lovering now married to Daniel Lovering and living in the west part of the house, and (ii) William Rowe, who was her deceased daughter Eliza's husband and their two daughters Mary Ann and Eliza Rowe who are living in the east part of the house.

John Williams yeoman of Fremington and Richard Buse scrivener of Bideford were appointed as trustees in this respect. Mary Ann Lovering as eldest daughter was given the rest of her mother's effects.

7th July 1850: Mary Wickham's grand-daughters had reached the age of 21, and Eliza Rowe sells her share in the eastern part of the property to her sister Mary Ann Rowe, for £75.

By this date Daniel Lovering had died, and his widow Mary Ann had no children, so she signs over her western part of the property to Mary Ann Rowe to take effect upon her death.

The property was at this time occupied by two tenants: John Ham (west part), and James Lemon (east part).

29th July 1850: Mary Ann Rowe borrowed £78 from Charles Hartnoll a cordwainer of Appledore, for a period of 6 months, secured on this property.

At this time we can see that the neighbouring properties are owned by Thomas Lemon (on the north) and Thomas Cooke (on the south).

29th July 1852: Mary Ann Rowe borrows a further £22 from Charles Hartnoll, making a total of £100, secured on this property.

The property was at this time occupied by two tenants: John Bale (west part), and Joseph Cox (east part).

13th March 1853: Mary Ann Rowe married Alfred Flanders. Both were resident in Meeting Street, Appledore.

25th March 1854: To repay this debt, Mary Ann Flanders (nee Rowe) and husband Alfred sell the property to George Owen a carpenter of Appledore for £130, of which £115 was paid to Charles Hartnoll in terms of capital and interest. The former tenants of this property were recorded in order as being Henry Jeffery, Daniel Lovering, John Ham, and John Bale, the width of the plot being 19'1" at the eastern end. To the south was a house occupied by Joseph Cox, of which Alfred & Mary Ann Flanders were to sell to John Beara, and it was agreed that the wall between the two should be a party wall.

27th March 1854: Statutory Declaration made in support of title, by Alfred Flanders and George Owen. Confirms their knowledge that Mary Wickham had full rights over the property.

11th February 1906: George Line Owen died. In his will dated 1897 he left the house to his daughter Alice.

27th December 1936: Alice Owen died not having married or had children. In her will dated 1933, she left the house to her nephew George Owen Mayne.

12th March 1937: George Owen Mayne sold the house to Richard Henry Taylor a grocer of 48 Market Street Appledore for £150.

29th October 1945: Richard Henry Taylor a grocer (now of Shebbear) sold the house to George Blakemore Moyse of the Globe Hotel in Market Street for £225.

4th May 1959: George Blakemore Moyse sold house to Mrs C M McKinnell [no deeds seen, just a schedule reference]

[McKinnell ownership continued up to 1991]