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Help and advice for Sidmouth, Deed of 1836, Lease agreement between Charles and Thomas Browne (1815)

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Summary of a Sidmouth Deed of 1836, charting the progress of the ownership of the manor of Sidmouth

Transcribed by Elizabeth Howard

(The original has been donated to the Sidmouth Museum)

This Indenture of five parts made the 15th July 1836 between Edward Hughes Ball HUGHES of Oatlands in the county of Surrey, Esquire of the one part, Samuel FORSTER of Lincolns Inn in the co of Middx gentleman of the second part George FRERE of the same place gentleman of the third part Francis STEVENS of Sidmouth in the co of Devon gentleman of the fourth part and Robert LYS of Lincolns Inn Fields gentleman of the fifth part. Whereas Thomas JENKINS late of the city of Rome, esquire being siezed in Fee Simple of the manor of Sidmouth whereof the messuages or dwelling houses and hereditaments hereinafter described are part and parcel duly made and published his last will and testament bearing date 15th Sept 1797 hereby gave and bequeathed to his nephew the Revd William JENKINS the sum of £2,500 on condition Also to his nephew Thomas JENKINS an annuity of £100 for life .......And to his nephew Joseph JENKINS the sum of £1,000 and to his niece Sarah SALTER the interest of £2,000 during her life, and at her death the sum of £2,000 among her children .........to his niece Charlotte the dau of his brother William the sum of £2,000 ..... And he declared his great nephew Thomas JENKINS to be his Universal heir being that his estates should always descend on the male line and he also made a provision for his niece Anna Maria MARTINEZ And whereas by Indenture of eleven parts dated 15th April 1809 the said great nephew Thomas JENKINS of the first part, William JENKINS the younger of the second part, John MERIVALE of the third part, James NASH of the fourth part, William FLOYDE esquire of the fifth part, Benjamin FOLLETT of the sixth part, John HUTCHINGS esquire of the seventh part, the Revd John Thayne FROWDE of the eighth part, John Edye MANNING gentleman of the ninth part, Samuel Frederick MILFORD esquire of the tenth part and James MANNING clerk of the eleventh part ....It is witnessed that for the consideration therein expressed the said Thomas JENKINS and William JENKINS the younger did grant unto the said Samuel Frederick MILFORD one annuity of £1,980 and one other annuity of £2,430 to be charged upon and payable out of the said manor of Sidmouth And the said Thomas JENKINS the great nephew and William JENKINS hereby demise the said manor of Sidmouth to the said James MANNING for the term of 200 yrs

And Whereas by an Indenture of five parts bearing date 16th April 1809 between Thomas JENKINS the great nephew, William JENKINS the younger, James TOWNSEND esq, Samuel Frederick MILFORD and the said James MANNING, did grant to the said S F MILFORD in trust for the said James TOWNSEND several annuities of £214. 10s and £263 5s charged the same upon the manor of Sidmouth did also in a like manner demise the said manor unto the said James MANNING for another 200yrs

And Whereas the several legacies given by the will of the said Thomas JENKINS decd have been paid by the said Thomas JENKINS the great nephew and Edward Hughes Balls HUGHES And Whereas by an indenture bearing date 15th July 1829 between Solon LUXMOORE, John MOLLAND, John TENANT, and Mary NASH exectuors of the said James NASH Admonition Ann Grace RAMSEY, Margaret FLOYDE, spinster daughter of the said William FLOYDE, the said Benjamin FOLLETT, the Rev James HOBSON, clerk, Elizabeth FROWDE the elder widow of the said John Thaine FROWDE, and Elizabeth FROWDE and Mary FROWDE, spinsters, daughters of the said John Thaine FROWDE, Elizabeth HOBSON spinster, Mary SPRY spinster, Sarah SANDERS, spinster, and Henry Melhuish FORD, gentleman, and William Martin FORSTER, gentleman and Samuel Frederick MILFORD, and the said James MANNING..........And of an indenture bearing date 2nd August 1830 and made between Emanuel Baruh LOUSADA and the said William Martin FORSTER, the said Samuel Frederick MILFORD and the said James MANNING, the said William Martin FORSTER became absolutely entitled to the said annuities of £1,980 and £2,430

And Whereas by an indenture dated 16th July 1829 between George BURDETT esq and William Martin FORSTER and Samuel Frederick MILFORD and the said James MANNING since deceased and of the indenture of the 2nd August 1830, the said William Martin FORSTER became absolutely entitled to the said annuities of £214 10s and £263 5s

And Whereas the said William Martin FORSTER dept this life in Aug 1831 by his will bearing date 2nd Jan 1830 appointed his wife Jane FORSTER executrix she having also departed this life Letters of administration were granted on the 21st Dec of the same year to Samuel FORSTER by the Prerogative Court of Canterbury

And Whereas by indenture bearing the date 18th Oct 1833 made between Samuel Frederick MILFORD, Lydia MANNING widow of the said James MANNING, of Lincolns Inn esq, the said Samuel FORSTER, and the said George FRERE, the said Samuel Frederick MILFORD did bargain and sell to the said Samuel FORSTER the said annuities of £1,980 and £2,430 and also the said annuities of £214.10s and £263 5s And vesting the Trust premises in George FRERE and the said Lydia MANNING and James MANNING did at the request of the said Samuel FORSTER bargain and sell the said manor to George FRERE for the residue of the said term of 200 yrs and 200yrs

And Whereas by divers mortgages and assignments and by certain indentures of lease and release bearing dates 23 and 24th March 1827 made between Frederic ALSTON esq and Edward Hughes Balls HUGHES, the said Manor of Sidmouth became mortaged in Fee Simple to the said E H B HUGHES securing to him the sum of £45,000 and Interest. And the said E H B HUGHES having paid off a mortgage to Daniel GOULD and John BOWDEN for securing to them certain sums of money not exceeding £20,000 such mortgage was transferred to the said E H B HUGHES

And Whereas under and by virtue of the said transfer being date 29th and 30th Aug 1834 made between the said Daniel GOULD and John BOWDEN, and the said E H B HUGHES, and the said Samuel FORSTER and of a Decree of Foreclosure in His Majesty's High Court of Chancery wherein the said E H B HUGHES was Plaintiff and the said Thomas JENKINS with Daniel GOULD and John BOWDEN were defendants, the said E H B HUGHES has become the absolutel owner irredeemable of the said manor of Sidmouth

And Whereas by indentures of Lease and Release bearing date 21st and 22nd Jan 1822 made between Thomas JENKINS the great nephew, and Henry Frederic ALSTON, William Henry SURMAN, Francis STEVENS, Robert LYS and Samuel STEVENS ......it is witnessed that in consideration of the sum of £450 by the said Francis STEVENS to the said Henry Frederic ALSTON paid at the request and by the direction of the said Thomas JENKINS in part discharge of a mortgage of the said Henry Frederic ALSTON on the said manor, did bargain sell and release unto the said Robert LYS all those two modern built and capacious messuages one of which lately included Marsh's Library and the ground on which the same did stand ....by a lane leading from the High Street, unto the Marsh by premises now known as Marsh's Assembly rooms on the south by the beach and on the west by premises belonging to Robert HERRIES edq one of which was in the occupation of William CAWSEY

And Whereas in consideration of the purchase so made by the said Francis STEVENS and of the purchase money of £450 .........the said E H B HUGHES as the present owner irredeemable of the said manor of Sidmouth hath agreed to exonerate the said premises of all charges and incumbrances whatsoever

And the said Samuel FORSTER and George FRERE hath agreed to surrender the said two several terms of two hundred years unto the aforesaid Francis STEVENS that the same may be merged into the Freehold ......Now this Indenture witnesseth that the said E H B HUGHES, Samuel FORSTER and George FRERE do discharge and release for ever the said Robert LYS and the said Francis STEVENS and the piece or parcel of ground from all legacies and annuities and from all securities and charges .....Now this Indenture witnesseth that in consideration of the premises and ten shillings by the said Francis STEVENS to George FRERE in hand paid he the said George FRERE hath surrendered and given up unto Francis STEVENS all and singular the said piece or parcel of land .............

In witness whereof the said parties have hereunto set their hands and seals this day and year above written

E H Ball ( Seal) Hughes ; Saml (seal) Forster ; Geo (seal) Frere

Externally Signed sealed and delivered by the within named Edward Hughes, in the presence of J R Hayward, Brick Court, Temple. Signed sealed and delivered by the within named George Frere and Samuel Forster in the presence of Jas Easton, Lincolns Inn.

Dated 15th July 1836. Edward Hughes Ball Hughes, esq and his Trustees to Mr Francis Stevens and his Trustee.

Release from and indemnity against legacies and Annuities charged on the manor of Sidmouth and all other incumbrances and surrender of terms to merge.

Loose within the folds of the Indenture are two sheets of paper one a note the other a letter:

In the release of all Claims and Demands on my nephew Thomas Jenkins contained in certain Indenture of Release bearing even date herewith is included and intended to be released a certain legacy of £200 given me by the will of my late brother Thomas and payable out of the effects of my late Uncle and I agree to give and execute a proper receipt Release or Discharge for the same - I also agree to release my brother William from all claims and demands I may have on him.
Dated May 30th 1815. Philip Miles

Messrs Flood and Miles have in their custody a Deed of Appointment or some such document by which Thomas Jenkins gave the above £200 to his brother Joseph Jenkins.

Fras Stevens, Esq, Sidmouth : - Dear Sir, enclosed you have copy of the Document you have required - 1818 16th May made between Edwd Manley of Uffculm co Devon Clk and Charlotte his wife of the one part and Charles Manley of Portsmouth co Devon esq the Revd W Cockburn of Salcombe Ho in the co of Devon Clk of the other part - this is the particular of Mr Manleys settlement which you have been enquiring about.

Capt Piles has sold his field - and I am not in a condition to sell Tilks ? Unless you are disposed to take it with all risks.
Yours faithfully
Dan Gould, junr, Honiton May 30th 1836.