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Sale of Manor of Bideford to Bideford Corporation (1881)

Torridge District Council

Transcribed by David Carter

This indenture made the eighteenth day of January One thousand eight hundred and eighty one between Margaret Caroline CLEVLAND of Tapley in the parish of Westleigh in the County of Devon, William Langham CHRISTIE of Glyndebourne in the County of Sussex M.P. and Agnes Hamilton his wife of the first part, Charles William HOLE of Bideford in the county of Devon gentleman, and the Reverend Henry Tubal HOLE of Plympton St Maurice in the County of Devon, clerk in holy orders of the second part, George LOCK of Instow in the said county of Devon, gentleman of the third part, Sir Arthur Divett HAYTER baronet and John HOLMS esquire (two of the Lords Commissioners of Her Majesty's Treasury) of the fourth part, and the Mayor Aldermen and Burgesses of the Borough Town and Manor of Bideford in the County of Devon (hereinafter called 'The Corporation') of the fifth part.
Whereas Archibald CLEVLAND formerly of Tapley in the parish of Westleigh in the County of Devon esquire was at the time of his death seized for an estate of inheritance in fee simple in possession free from encumbrances of or to the hereditaments firstly hereinafter described.
And whereas the said Archibald CLEVLAND duly made his last will dated the 22nd day of May one thousand eight hundred and fifty four and thereby gave devised and bequeathed All his freehold hereditaments with their appurtenances unto his uncle Robert Bruce CHICHESTER, his cousin Nugent CHICHESTER and Charles HOLE to hold unto the said Robert Bruce CHICHESTER, Nugent CHICHESTER and Charles HOLE their heirs and assigns to such uses upon such trusts and for such ends intents and purposes and with under and subject to such powers provisions charges declarations and agreements as the said Margaret Caroline CLEVLAND should by any deed or deeds direct or appoint.
And whereas the said Archibald CLEVLAND died on the 6th day of November one thousand eight hundred and fifty four without having revoked or altered his said will which was subsequently duly proved by the said Robert Bruce CHICHESTER, Nugent CHICHESTER and Charles HOLE.
And whereas by an indenture dated the 22nd day of October one thousand eight hundred and fifty five and made between the said Margaret Caroline CLEVLAND of the first part, the said Agnes Hamilton CHRISTIE (by her then name and description of Agnes Hamilton CLEVLAND) of the second part, the said William Langham CHRISTIE of the third part, Robert Bruce CHICHESTER, Nugent CHICHESTER, and Charles HOLE of the fourth part and Sir Charles Cunliffe SMITH, Robert Bruce CHICHESTER, Joseph Stonehewer SCOTT [CHAD crossed out] and the said Charles HOLE of the fifth part (being a settlement made previously to and in contemplation of the marriage then intended and shortly afterwards duly solemnised between the said William Langham CHRISTIE and Agnes Hamilton CLEVLAND) the said Margaret Caroline CLEVLAND by virtue and in exercise of the power given to or vested in her by the said will of the said Archibald CLEVLAND apperted that the hereditaments firstly hereinafter described should after the solemnisation of the said then intended marriage go remain and be To the uses upon the trusts and for the intents and purposes and with under and subject to the powers and provisos agreements and declarations hereinafter declared concerning the same that was to say to such uses and trusts and for the intents and purposes and subject to such powers provisos agreements and declarations and charged and chargeable as the said Margaret Caroline CLEVLAND, Agnes Hamilton CHRISTIE and William Langham CHRISTIE by any deed or deeds with or without of revocation and new appointment should or might from time to time jointly direct limit or appoint and in default of such appointment to the uses thereinafter declared.
And whereas by an indenture dated 24th day of June one thousand eight hundred and sixty four and made between Julia HOW and Edward Armstrong TELFER of the one part, and the said Margaret Caroline CLEVLAND of the other part the hereditaments secondly hereinafter described were granted unto and to the use of the said Margaret Caroline CLEVLAND her heirs and assigns forever.
And whereas by a bond or obligation dated the 27th day of November one thousand eight hundred and fifty two under the hand and seal of the said Margaret Caroline CLEVLAND and the Reverend James Hamilton CHICHESTER of Arlington in the said County of Devon clerk in holy orders, the said Margaret Caroline CLEVLAND and James Hamilton CHICHESTER became jointly and severally bound to William CALLON of Bideford aforesaid esquire in the sum of two thousand pounds conditioned for payment by the said Margaret Caroline CLEVLAND and James Hamilton CHICHESTER or one of them their or one of their heirs executors administrators and assigns unto the said William CALLON his executors administrators or assigns of the sum of one thousand pounds with interest for the same as therein mentioned.
And whereas the said William CALLON duly made his last will dated the 19th day of February one thousand eight hundred and fifty eight and thereby gave the residue of his personal estate including the said bond unto Mary Ann DAVIS and appointed her executrix of his said will.
And whereas the said William CALLON died on the 13th day of August one thousand eight hundred and fifty eight and his said will was afterwards duly proved by the said Mary Ann DAVIS.
And whereas by another bond or obligation dated the 6th day of October one thousand eight hundred and sixty three under the hand and seal of the said Margaret Caroline CLEVLAND, the said Margaret Caroline CLEVLAND became bound to the said Mary Ann DAVIS in the sum of two thousand pounds conditioned for payment by the said Margaret Caroline CLEVLAND her heirs executors administrators or assigns of the sum of one thousand pounds with interest for the same as therein mentioned.
And whereas by another bond or obligation dated the 23rd day of May one thousand eight hundred and fifty five under the hand and seal of the said Margaret Caroline CLEVLAND to the said Margaret Caroline CLEVLAND became bound to Charles CARTER of Bideford aforesaid esquire in the sum of one thousand and six hundred pounds conditioned for payment by the said Margaret Caroline CLEVLAND her heirs executors administrators and assigns unto the said Charles CARTER his executors administrators and assigns of the sum of eight hundred pounds with interest as therein mentioned.
And whereas the said Charles CARTER duly made and executed his will bearing date the 16th day of December one thousand eight hundred and fifty nine whereby he gave and devised unto the said Charles William HOLE and Richard CARTER his executors administrators and assigns all and singular his personal estate monies and securities for money upon the trusts therein declared and appointed them executors of his said will.
And whereas the said Charles CARTER died on the 23rd day of July one thousand eight hundred and sixty two and the said will with one codicil were duly proved by the said Charles William HOLE and Richard CARTER.
And whereas the said Richard CARTER died on the 5th day of December one thousand eight hundred and sixty nine.
And whereas by an indenture dated 25th day of March one thousand eight hundred and seventy two and made between the said Margaret Caroline CLEVLAND, the said William Langham CHRISTIE and Agnes Hamilton his wife of the first part, the said Robert Bruce CHICHESTER and Nugent CHICHESTER of the second part, and the said Sir Charles Cunliffe SMITH, Robert Bruce CHICHESTER and Joseph Stonehewer Scott CHAD of the third part, the said Margaret Caroline CLEVLAND, William Langham CHRISTIE and Agnes Hamilton his wife in exercise of the power for such purpose vested in them by the said indenture of the 22nd day of October one thousand eight hundred and fifty five directed limited and appointed that (amongst other hereditaments) the hereditaments firstly hereinafter described should so remain and be to the uses upon the trusts and for the ends intents and purposes and with under and subject to the powers provisos agreements and declarations thereinafter declared and contained concerning the same And the said Margaret Caroline CLEVLAND granted unto the said Robert Bruce CHICHESTER and Nugent CHICHESTER and their heirs amongst other hereditaments to the hereditaments secondly hereinafter described, To hold unto the said Robert Bruce CHICHESTER and Nugent CHICHESTER and their heirs To the uses upon the trusts and for the intents and purposes and with under and subject to the powers provisos agreements and declarations thereinafter expressed declared and contained concerning the same And by the indenture now in recital it was declared that as well as the direction limitation and appointment therein before contained as also therein before contained but subject as to the whole of the hereditaments described in the indenture now in recital to the premises belonging in anywise appertaining or usually held or exercised therewith or reputed to belong or be appurtenant thereto with all the chief rents to the same belonging.
And all the Market Place and Market House, And all the messuage houses cottages edificies buildings stables barns dovehouses orchards gardens lands tenements walls quays wharfs timber trees and other trees woods underwoods and wood grounds commons wastes and waste grounds fishing and fisheries fairs markets shops sheds stalls standings rents as well chief as other rents duties wharfages tolls dues duties stallages and hereditaments situate lying and being within the Borough town and precinct of Bideford aforesaid and elsewhere in the parish of Bideford in the County of Devon, And also all those the Market shambles and weighthouse situate standing and being in or near the Market House or Market Place in the Town of Bideford aforesaid save and except a quay and shipbuilding yard on the East side of the River Torridge formerly in the occupation of John JOHNSON but now of Henry Morgan RESTWICK which if not excepted would be included in the foregoing description, And Secondly (by way of assurance and not of exception) All that messuage or dwellinghouse and premises now and for many years last held as and for an Inn or Public House known by the name or sign of the 'Dolphin' situate lying and being in or near the Market place within the Town of Bideford aforesaid formerly in the occupation of John GRANT but now or late for many years in the occupation of William BARTHOLOMEW as yearly tenant, And all that Building adjoining or contiguous to the messuage last hereinbefore described but in the rear thereof and fronting on Honestone Lane in Bideford aforesaid now or late for many years past used as a Blacksmiths Shop and now or late in the tenure of Michael HOLLOWAY as yearly tenant thereof all which said Messuage or Dwellinghouse blacksmiths shop and premises secondly hereinbefore described contain in length from east to west on the north side forty feet or thereabouts and on the south side eighty five feet or thereabouts and on the east side seventy feet or thereabouts, Together with all buildings fixtures yards courts areas sewers drains watercourses lights liberties privileges easements and appurtenances whatsoever to the said Messuages and premises secondly hereinbefore described belonging or in anywise appertaining is usually held or occupied therewith or reputed to belong or be appurtenant thereto, And all the Estate right title interest property claim and demand whatsoever of the said Margaret Caroline CLEVLAND, William Langham CHRISTIE and Agnes Hamilton CHRISTIE and each of them of in or to the said hereditaments firstly and secondly hereinbefore described, Shall henceforth go remain and be to the use of the Corporation their successors and assigns forever, And each of them the said Margaret Caroline CLEVLAND for herself her heirs executors and administrators and the said William Langham CHRISTIE for the said Agnes Hamilton CHRISTIE her heirs executors and administrators as well as for himself his heirs executors and administrators doth hereby covenant with the Corporation their successors and assigns that notwithstanding anything by the said Margaret Caroline CHRISTIE, William Langham CHRISTIE and Agnes Hamilton CHRISTIE done or executed or knowingly suffered to the contrary they the said Margaret Caroline CLEVLAND, William Langham CHRISTIE and Agnes Hamilton CHRISTIE respectively now have good right to appoint the hereditaments and premises hereby appointed or expressed so to be to the use of the Corporation their successors and assigns in manner aforesaid, And that the Corporation their successors and assigns shall and may all times hereafter peaceably and quietly possess and enjoy the said hereditaments and premises and receive the rents and profits thereof without any eviction claim of demand whatsoever from or by the said Margaret Caroline CLEVLAND, William Langham CHRISTIE and Agnes Hamilton CHRISTIE or any person or persons lawfully or equitably claiming by from through or under or in trust for the said Margaret Caroline CLEVLAND, William Langham CHRISTIE and Agnes Hamilton CHRISTIE by appointment or otherwise, And that free from all incumbrances whatsoever created occasioned made or suffered by the said Margaret Caroline CLEVLAND, William Langham CHRISTIE and Agnes Hamilton CHRISTIE or any of them or any person or persons lawfully or equitably claiming as aforesaid the said two sums of Two thousand pounds and eight hundred pounds being excepted, And that the said Margaret Caroline CLEVLAND, William Langham CHRISTIE and Agnes Hamilton CHRISTIE and all persons having or lawfully or equitably claiming any estate or interest in the said hereditaments and premises or any part thereof from or under the said Margaret Caroline CLEVLAND, William Langham CHRISTIE and Agnes Hamilton CHRISTIE by appointment or otherwise shall and will from time to time and at all times hereafter at the request and cost of the Corporation their successors or assigns do and execute or cause to be done and executed all such acts deeds and things whatsoever for further and more perfectly assuring the said hereditaments and premises and every part thereof unto and to the use of the Corporation their successors and assigns as by them shall be reasonably required.
And this indenture witnesseth that in pursuance of the said Agreement in this behalf and in consideration of the premises they the said Charles William HOLE and Henry Tubal HOLE as to the said sum of Two thousand pounds and the said George LOCK as to the said sum of Eight hundred pounds and as to all the parties at the request and by the direction of the said Margaret Caroline CLEVLAND, William Langham CHRISTIE and Agnes Hamilton CHRISTIE testified by their being parties to and executing these presents do and each of them doth hereby release unto the Corporation their successors and assigns and all and singular the hereditaments hereinbefore appointed or expressed so to be to the intent that the Corporation their Successors may forever thereafter hold and enjoy the said hereditaments and premises and every part thereof freed and discharged from the said two sums of Two thousand pounds and Eight hundred pounds respectively and the interest thereof respectively and every part thereof respectively and from all claims and demands for or on account of the same respectively.
And whereas the deeds and writings comprised in the Schedule hereto relate not only to the hereditaments hereby assured or intended so to be but to other hereditaments remaining subject to the uses of the said Indenture of Settlement of the twenty fifth day of March One thousand eight hundred and seventy two and upon the treaty of the said sale it was agreed that the said Margaret Caroline CLEVLAND, William Langham CHRISTIE and Agnes Hamilton CHRISTIE should make such direction limitation and appointment in respect of the said Deeds and writings as is hereinafter contained.
Now this Indenture witnesseth that in pursuance of the said Agreement in this behalf the said Margaret Caroline CLEVLAND, William Langham CHRISTIE and Agnes Hamilton CHRISTIE by force and virtue the power for this purpose rested on them under the said Settlement of the twenty fifth day of March One thousand eight hundred and seventy two and of all other powers enabling them in this behalf (if any) do hereby direct limit and appoint that the person or persons who shall for the time being be entitled to the custody of the Deeds and writings comprised in the Schedule hereto shall unless prevented by fire or some inevitable accident from time to time and at all times hereafter upon every reasonable request and at the cost of the Corporation their successors or assigns produce or cause to be produced unto them their solicitors or agents or at any trial hearing commission or examination or otherwise as occasion shall require all or any of the Deeds and writings comprised in the Schedule hereto for the purpose of shewing the Title of the Corporation their successors and assigns to the hereditaments hereby assured or expressed so to be or any part thereof, And also will at the like request and costs deliver or cause to be delivered unto the Corporation their successors or assigns such attested or other copies or of extracts or of from the said deeds and writings or any of them as the Corporation their successors and assigns may require, And shall and will in the meantime unless prevented as aforesaid keep the same deeds and writings safe whole unobliterated and uncancelled.
In witness whereof the said parties to these presents their hands and seals have set the day and year first before written.

The schedule:
16 & 17 August 1751 - Attested copies Indentures of Lease and Release of these dates the latter made between the Right Honorable John Earl GOWER and Mary Countess GOWER of the one part and John CLEVLAND of Tapeley in the County of Devon esquire and Samuel SEDDON of the other part.
22nd October 1855 and 25th March 1872 - The hereinbefore recited Indentures of these respective dates.