Property deeds relating to 6, 7 and 8 Marine Parade, Appledore

Transcribed by David Carter 2010

[Documents are in private hands, reproduced by permission of the owner of No.8.
Punctuation, line-spaces, and anything in square brackets has been added by the transcriber.]
 

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Index of Surnames:

Bell
Dell
Docton
Evans
Gregory
Herbert
Hooper
Jordan
Knott
MacKrae
Marshall
Pickard
Prance
Smith
Staples
Vernon
Williams
Wills

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Summary of Deeds:

These two deeds were borrowed from the owner of No.8 Marine Parade, Appledore, but they also refer to No.6 Marine Parade, and also to numbers 7 and 8 which were originally a single dwelling, called Knowlands House. A summary of the contents and meaning of these deeds is given here…

1825 Aug 27: Lease and release between (i) Robert Prance gent of London; (ii) Sarah Hannah Rooke spinster of Plymouth; and (iii) William Prance deceased of Plymouth, and Richard Vernon deceased merchant of Appledore [trustees].
Reference: intended marriage between Robert Prance and Sarah Hannah Rooke. Sarah’s property to be held in trust (by William Prance and Richard Vernon), for her heirs. There follows many pages of conditions for the trustees.
Sarah Hannah Rooke owned property inherited from her grandmother Mary Hooper, via her mother Mary Browning Rooke. Also (other property) from her grandfather Benjamin Rooke.

Messuage & garden in Appledore, formerly in possession of William Docton and then of W Law gent, under a lease. For 99 years determinable on the deaths of said William Law and his wife Harriet – a moiety of messuage and garden situate on the Quay in Appledore, late in the possession of Benjamin Rooke junr and then William Law under a lease similar to Doctons.
Moiety of a messuage on the Quay in Appledore – then in the possession of Mr [blank] Wills.
Half a moiety of a messuage or dwelling house situate on the Quay at Appledore aforesaid known by the name of Knowlands House expectant on the decease of the said Mary Browning Rooke.

Freehold sale of 2 houses in occupation of Thomas Williams and Mrs Wills.

1830: Intended marriage of Miles Hammett Prance to Mary Rooke spinster of Hampstead (co-heiress of her late Uncle John Rooke of lands at Rumpsham). Her property conveyed to W Prance and J C Prance in trust.

1845 Feb 03: Property conveyed by Robert Prance and Sarah Hannah his wife, to Miles Hammett Prance.

1847 May – Sarah Hannah Prance (nee Rooke) died.

1848 Feb 10: Amongst lands conveyed to W Prance and J C Prance.

1850 May 13: Mary Browning Rooke died.

1856 Jun 09: H Prance & wife Mary, to Robert Rooke Prance and Reginald Heber Prance as trustees.

1865 Mar 07: Robert Prance and Miles Hammett Prance (trustees of the marriage settlements), to Mr William Pickard. Each paid £285 for their half-share.
House and walled garden behind, with small piece of enclosed garden in front situate on the Marine Parade Appledore, leased to Mr William Law deceased, but now in occupation of Thomas Williams tenant.
Also dwelling-house and walled garden behind, with small piece of enclosed garden in front situate on the Marine Parade Appledore, now and for many years in the occupation of Mrs Elizabeth Wills tenant.

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Transcript of Property Deeds:

(The following on 15 pages):

Abstract of Title to the fee simple and inheritance of two messuages or dwelling-houses and premises on the Marine Parade in Appledore in Northam, Devon, in the respective occupations of Mr Thomas Williams and Mrs Wills.

1825 Aug 26 & 27. By Indentures of Lease and Release of these dates respectively, the Release made between Robert Prance of the City of London, gent of the 1st part; Sarah Hannah Rooke of Plymouth in County of Devon, spinster of the 2nd part; and William Prance of Plymouth aforesaid esquire, since deceased, and Richard Vernon of Appledore in the parish of Northam in the said County of Devon merchant, also since deceased of the 3rd part.

Reciting intended marriage between the said Robert Prance and S H Rooke.

And also reciting (amongst other things not relating to the said title) that the said Sarah H Rooke was seized to her and her heirs in fee simple, of a moiety or halfendeal of and in the messuages or tenements, fields or closes of land thereafter referred to, and was also under, and by virtue of, the will of her late deceased grandmother Mary Hooper, seized to her and her heirs in fee simple, of a moiety or halfendeal, of certain messuages or tenements, expectant on the decease of her mother Mary Browning Rooke, there[aft]er referred to and intended to be thereby granted released.

And reciting that said Sarah H Rooke was also under, and by virtue of, the will of her grandfather Benjamin Rooke deceased, entitled to the moiety or half-part of certain other tenements or closes of land thereinafter ment[ione]d, for the residue of certain long terms of years.

And reciting that upon the treaty for the said intended marriage, it had been agreed that the moieties of which the said S H Rooke was seized in fee simple as aforesaid, of her the said messuages, tenements, pieces or parcels of land and hered[itament]s, and the moieties of the said messuages or tenements to which the said S H Rooke was entitled for any term or terms of years, should be conveyed, assigned and assured unto the said W Prance and Richard Vernon, their heirs, ex[ecutor]s and assigns, upon the several trusts to and under, and subject to, the several powers and trusts expressed and declared of and concerning the same.

It is witnessed that in pursuance of said agreement & in cons[iderati]on of said intended marriage and nominal consideration to the said S H Rooke, paid by the said W Prance and R Vernon before for(?) the Rect., and she the said S H Rooke, with the approbation and consent of the said Robert Prance, testified and Did grant, bargain, sell, alien, release and confirm unto the said W Prance and R Vernon (in their actual possession) and their heirs.

All and singular the moiety or halfendeal of and in all the messuages, lands, tenements, heredit[aments] and premises, with the appurte[nances] and real estate whatsoever, in the County of Devon or elsewhere, which in and by the said recited wills of the said Benjamin Rooke and Mary Hooper, were devised or limited, either in possession or reversion, to the use of, & in trust, for the said S H Rooke, her heirs and assigns as aforesaid.

And also all other the real estate of which the said S H Rooke is seized, or to which she is entitled, for any estate or interest whatsoever, either in possession, remainder or reversion, by any means whatsoever, together with the appurte[nances], some of which said mess[uag]es, tenements and heredi[tament]s were more par[ticu]larly described in the schedule marked and thereunto annexed.
And all the estate etc.

To hold the said moieties of her, the said heredi[ments], and all and singular other the real estate and premises thereby granted and released etc, with their appurtenances, unto the said W Prance and Richard Vernon, their heirs and assigns for ever.

To the use of the said S H Rooke and her heirs, until the said intended marriage, and after the solemnisation thereof, then to the uses upon the trusts etc, and subject to the powers and provisos therea[fter] expressed.

Declaration that trustees should after solemnisation of the said intended marriage, stand possessed of the said freehold and leasehold moieties, hereditaments thereinbef[ore] granted and released etc, upon the trusts therein decl[are]d, being for the benefit of the said R[ober]t Prance during his life, determinable on bankruptcy etc, with remainder to the said S H Rooke for her life, with rem[ainder?] over in favour of the children and issue of the marriage, etc.

Proviso and declaration that notwithstanding the af[oresai]d trusts etc, it should be lawful to and for the said W Prance and Richard Vernon, and the survivor of them, and the ex[ecut]ors or adm[inistrati]ons of such survivor, at any time or times thereafter, at the request t[here]by, and with the consent and approbation of the said Robert Prance and S H Rooke jointly during their joint lives, or the survivor of them during his or her life, to be signified by some writing under their his or her hands and seals, or hand and seal, and to be attested by two or more credible witnesses, to sell and dispose of, or to convey either by way of absolute sale or exchange for such other heredi[tamen]ts and premises as therein mentioned, the whole or any part or parts of the said messuages or tenements, closes or pieces of land and heredi[tamen]ts thereby granted, conveyed and assigned, to any person or persons whomsoever for such price or prices in money, or for such equivalent in other heredi[tamen]ts and premises, as to them the said William Prance and Richard Vernon, or the survivor of them, or to the heirs, ex[ecut]ors or Admons of such survivor, by and with such consent and approbation as af[oresai]d should seem reasonable, and that for the purpose of effectualing such dispositions or conveyances, it should and might be lawful to and for the said W Prance and R Vernon, and the survivor of them, and the heirs, ex[ecutor]s or ad[ministator]s of such survivor, with such consent and approbation as aforesaid by any deed or deeds, instrument or instruments, sealed and delivered by them or him, in the presence of and attested by two or credible witnesses, absolutely to revoke, determine and make void all, and every or any of, the uses, trusts, powers and provisions in and by the now abstracting indenture, limited, expressed and declared, of and concerning the heredi[tamen]ts and premises which should be sold or agreed to be given in exchange as aforesaid, and by the same, or any other deed or instrument of in writing, to be sealed, delivered and attested as aforesaid, to limit, declare, direct and appoint any such new or other use or estate, or estates, trust or of the said heredi[tamen]ts and premises, of which the uses should be so revoked, as it should be thought necessary or expedient to limit, declare, direct or appoint, in order to effectuate such sale or exchange or dispositions or conveyances as aforesaid, causing on every such exchange as afo[resaid]d the heredi[tamen]ts which should be taken in exchange to be conveyed and settled, before and upon such and the same uses, trusts and purposes, and with under and subject to such and the same powers, provisos, limitations and agreements as the heredi[tamen]ts and premises so given in exchange, stood limited to before, and at the time of the revocation thereof.
And that upon receiving the money or monies arising from any such sale or sales, it should and might be lawful for the said W Prance and R Vernon, and the survivor of them, and the heirs, ex[ecutor]s or Ad[mon]s of such survivor, to give and sign receipt or receipts for such money or monies, and such receipt or receipts should be sufficient discharges to any purchaser or purchasers for the purchase monies, for which the same should be so given, and such purchaser or purchasers, his, her or their heirs, ex[ecutor]s ad[ministrator]s or assigns, should not afterwards be accountable or answerable for any loss, misapplication or non-application of such monies, or be obliged to see to the application thereof.

Covenants by said S H Rooke that notwithstanding any acts committed by her she had good right to convey and assign – For quiet enjoyment – free from incumberances and for further assurance.

Proviso and declaration, that in case both or either of the said W Prance and R Vernon, or any trustee or trustees to be appointed under said proviso, should depart this life, or go to reside beyond the seas, or decline or become incapable to act in the said trusts, then it should be lawful for the said Robert Prance, S H Rooke, or the survivor etc, to nominate any fit person to supply the place of the trustee or trustees resp[ective]ly so dying, going to reside beyond the seas, or declining, or becoming incapable to act as af[oresai]d, and that imine[ntl]y after every such appointment, the freehold and leasehold heredi[tamen]ts and premises then vested by virtue of the same ind[entur]e in the trustee or trustees so dying, going to reside beyond the seas, or declining, or becoming incapable to act as af[oresai]d, should be conveyed, transferred or assured so & in such manner, that the same might vest in such new trustees or trustee, either jointly with the surviving or continuing trustees or trustee, or solely as occasion might require, and his or their heirs, ex[ecutor]s, ad[mon]s or assigns, upon the trusts thereinbef[ore] declared, of and concerning the same, and that every such new trustee should have the same powers, authorities and discretion therein mentioned, and all other powers and authorities whatsoever as if he had been thereby app[ointe]d a trustee, and his name inserted in the same indenture instead of the name of the trustee in whose place he should come or succeed.
Executed by said R Prance, S H Rooke, and W Prance and the execution by R Prance and S H Rooke attested.

Schedule A.

•    Moiety of messuage and lands situate at Rumpsham in the parish of Bishop Tawton as therein particularly described.
•    A messuage and garden with the appurt[enance]s situate in Appledore, formerly in the possession of William Docton, and then in the possession of W Law gent, under a lease ther[eo]f. For 99 years, determinable on the deaths of said W Law and Harriet his wife.
•    Moiety of a messuage and garden situate on the Quay in Appledore af[oresai]d, late in the possession of Benjamin Rook junr, and then of the said W Law under a lease similar to Doctons.
•    Moiety of a messuage situate on the Quay in Appledore aforesaid, then in the possession of Mr [blank] Wills.
•    Half a moiety of a messuage or dwelling house situate on the Quay at Appledore aforesaid, known by the name of Knowlands House, expectant on the decease of the said Mary Browning Rooke.
•    Moiety of certain messuages situate at Appledore as therein par[ticu]larly described but since sold.

1845 Feb 03. By indenture of this date (indorsed on before abstracted indenture of release between said Robert Prance and Sarah Hannah his wife) then late the said S H Rooke of the first part, the said Mary Browning Rooke the mother of the said S H Prance of the 2nd part, the said W Prance of the 3rd part, the said W Prance and W H Prance of Plymouth in the County of Devon gent of the 4th part, and Miles Hammett Prance of Greys Inn in the County of Middlesex esquire barrister at law of the 5th part.

Reciting solemnisation of marriage between said Robert Prance and S H Rooke, and issue of marriage.

And also reciting the sale of the settled moieties [of – crossed out] as to parts of the said freehold heredi[tamen]ts not affecting this title.

And also reciting deed poll of 5th March 1835, being a supplemental settlement of certain [gap] and not affecting this title.

And also reciting death of said Richard Vernon in or about the year 18~[gap], leaving the said W Prance his co-trustee him surviving.

And also reciting agreement to appoint W H Prance to be a trustee of and under the therewithin written indenture of settlement and deed poll, in the place of said R Vernon deceased.

It was witnessed that in pursuance, and for the effect’s the said recited proposal and agreement they, the said Robert Prance and Sarah Hannah his wife, in exercise of the power or authority for that purpose given or reserved to them, in and by the therein within written indenture, did with the consent of the said Mr B Rooke, testified and nominate and app[oin]t the said W H Prance to be a trustee, of and under the therewithin written indenture of settlement, and the said deed poll of 1st day of March 1835, in the place of the said R Vernon deceased.

And it was fur[ther] witne[sse]d that in pursuance of the said agreement and for the nominal cons[iderat]on therein ment[ione]d, to the s[ai]d W Prance, paid by the said W H Prance the rec[eip]t etc. He, the said W Prance, at the request and by the direction of the said Robert Prance and Sarah H his wife, testified and did bargain, sell, release and convey unto Miles Hammett Prance and his heirs…

All those the several moieties or halfendeals in and by the therewithin written indenture, granted and conveyed, or expressed or intended so to be, of and in the several freehold mess[uag]es, lands, tenements, heredi[tamen]ts and premises and real estate whatsoever, in the same indenture particularly ment[ione]d or referred to, and or other the real estate by the same ind[entu]re granted and released, or expressed or intended so to be (save only except the said moieties which had since been so sold or disposed of, as thereinebefore mentioned), together with the appurt[enance]s and all the estate etc.

To hold the said moieties real estate and heredit[ament]s, and all and singular other the premises with the appurt[enance]s, unto the said M H Prance and his heirs.

To the use of the said W Prance and W H Prance and their heirs for ever, upon and for the several trusts etc, and under and subject to the several powers, provisos and agreements in and by the therein written indenture, expressed and declared of and concerning the same.

1847 May --, Death of Sarah Hannah Prance.
[Sarah Hannah Prance, in Edmonton District, aged 45].

1848 Feb 10 – By indenture of this date, indorsed upon abstracted indenture of settlement of 27th Aug 1825, and made between the said Mr B Rooke of the 1st part, the said Robert Prance of the 2nd part, and the said W Prance and W Henry Prance of Atheneum Place in Plymouth af[oresai]d esquire of the 3rd part, the said Mr B Rooke settled certain other freehold and leasehold lands of hers (not being any part of said abstracted premises) upon the same or the like trusts, as are declared of said abstracted premises by said settlement of 27 Aug 1825.

As to the moiety of Mary Rooke now the wife of said M H Prance.

1830 Sep 5th and 6th – By indenture of lease and release of these dates resp[ective]ly, the release made between Mary Rooke of Hampstead in the County of Middlesex spinster of the 1st part; s[ai]d Miles Hammett Prance of the 2nd part; and said W Prance and James Carnell Prance of Maidstone in the County of Kent, surgeon of the 3rd part.

Reciting intended marriage between the said M H Prance and the said M Rooke.

And reciting that the said M Rooke as one of the two co-heiresses of her late uncle John Rooke deceased or otherwise, was seized in fee simple in possession of a moiety, or equal half part, of the messuage or tenement, land and heredi[tamen]ts th[ereu]nto described as situate at Rumpsham, and she was also under the will of her late grandmother Mary Hooper deceased, or in some other manner, seized in fee simple in remainder, expectant on the decease of her mother Mary Browning Rooke, of a moiety of the mess[uage]s and heredi[men]ts thereinafter described as situate in Appledore, and the said M Rooke was also under the will of her late grandfather Benjamin Rooke, possessed of, or entitled to, for certain long terms of years, a moiety of the leasehold fields and premises th[ereu]nto described as situate at Northam, and that in contemplation of the said intended marriage, it was agreed that the said moieties of the said M Rooke of and in the said freehold and leasehold heredi[tamen]ts and premises, and all other her freehold and leasehold property, should be conveyed settled and assured in manner th[ereu]nto ment[ione]d.

It is witnessed that in cons[iderati]on of the said intended marriage and of the nominal cons[iderati]on th[ereunt]o ment[ione]d to the said M Rooke paid by the said W Prance and J C Prance and he the said M Rooke with the approbation of the said Miles Hammett Prance testified and did grant bargain sell alien and release unto the said W Prance and J C Prance (in them legally vested by virtue etc) and to their heirs.

All those the sev[era]l moieties or equal half parts specified or described in the schedule A th[erein]under written or other parts shares estates or interests of her the said M Rooke of an in the several mess[uag]es or tenem[ent]s closes of land and her[editament]s described in the same schedule A. and all other the real estate of or to which the said Mary Rooke was seized or entitled whether in poss[essi]on rev[ersi]on or rem[ainder].
Together with the appurt[enance]s.
And all the estate etc.

To hold the said moieties, heredi[tamen]ts, real estate, and all and singular other the premises th[ere]b[efore] granted and released, or intended so to be, with their appurt[enance]s, unto the said W Prance and J C Prance and their heirs for ever.

To the use of the said M Rooke, and her heirs, until the said intended marriage, and from and after the solemnisation thereof, to the use of them the said W Prance and J C Prance, their heirs and assigns for ever, n[e]v[erthe]less upon and for the trusts, intents and purposes thereinafter ment[ione]d of and concerning the same.

And it was further witnessed that for the cons[iderati]ons the[rebefo]re expressed, she the said M Rooke, with the like approbation of the said M H Prance, and so testified as afo[resai]d, did grant, bargain, sell, assign, transfer and set over unto the said W Prance and J C Prance, their ex[ecutor]s, ad[ministrator]s and assigns…

All those the several moieties, or equal half parts, specified in the schedule B thereunder written, or other parts, shares or interests of her, the said M Rooke, of and in the several leasehold heredi[tamen]ts and premises described or specified in the same schedule B, and all other the leasehold messuages, lands and tenements, of or to which the said M Rooke was possessed or entitled under the will of her said late grandfather Benjamin Rooke, or o[the]rwise for any state or interest, whether in poss[essio]n or rem[??].
Together with the apurt[enance]s.
And all the estate etc.

To hold the said lastly ment[ione]d moieties, leasehold messuages, lands and tenements, and all and singular other the premises th[e]rub[e]f[o]e assigned, with their appurt[enance]s, unto the said W Prance and J C Prance, their ex[ecutor]s, ad[ministrator]s and assigns, for all the respective residues and remainders of the terms of years, or other estate or interest of her, the said M Rooke, therein upon trust for her, the said M Rooke, her ex[ecutor]s ad[ministrator]s and assigns, until the said intended marriage and from and after the solemnisation thereof.

Declaration that the said W Prance and J C Prance, their heirs, ex[ecutor]s and admons, resp[ective]ly should stand seized or possessed of, and interested in, the same trust premises, upon and for the trusts, intents and purposes, and under, and subject to, the powers, provisos and agreements thereina[fter] declared and contained or referred to, of and concerning the same (that is to say):

Upon trust that they, the said W Prance and J C Prance, or the survivor of them, his heirs, ex[ecutor]s or ad[ministrator]s, should at any time or times, during the life, and at the request in writing of the said M H Prance and M Rooke, or the survivor of them, or o[the]rwise, so soon as conveniently might be after the decease of such sur[vi]vor, at the discretion of such trustees or trustee, for the time being, make sale, and absolutely dispose of, or concur in selling and disposing of, all and singular the same moieties or shares, and other trust premises (notwithstanding any part thereof might still remain reversions), either together or in parcels, at one time, or at several times, and either by public auction or private contract, and under, and subject to, such conditions and stipulations, and generally in such manner in all respects, as such trustees or trustee should deem expedient, with full power to buy in the same premises, or any part thereof, at any such auction, or to rescind any contract for the date thereof, and afterwards to resell the same, in either of the ways aforesaid, and should make and execute all such conveyances, assignments and assurances, as should be requisite or deemed expedient to effectuate such sale or sales.

Declaration that the said W Prance and J C Prance, and their heirs, ex[ecutor]s and ad[ministrator]s, should stand possessed of, and interested in, the clear monies arising from such sale or sales as aforesaid, and all other capital monies received by them, or him, on the execution of the trust or powers therein declared or contained, after defraying thereout the expenses of, or incident to, such sale or sales, or the ex[ecuti]on of the trusts or powers therein declared or contained upon, and for the trusts intents etc, expressed and contained of, and concerning the same, in and by a certain indenture of settlement then already prepared, and bearing even date, therewith to be executed immed[iately] after the execution of the now abstracting ind[entu]re, and to be made between the same parties.

Proviso and declaration that the rec[eip]t or rec[eip]ts in writing of the trustees or trustee for the time being, acting under, or in exercise of, the trusts or powers of the now abstracting indenture, should be sufficient disch[ar]ge for all monies paid to them, under, or by virtue of, the same indenture, of should exempt the person or [person]s paying the same, from being obliged to see to the application thereof, and from all liability on account of the non application or misapplic[ati]on thereof.

Proviso and declaration that in case the said trustees thereby appointed, or either of them, should happen to die, or decline, neglect, or become unfit to act in the trusts or powers thereby declared, or contained, it should be lawful for the said Miles H Prance and Mary Rooke, or the survivor etc, to appoint any other person to be a trustee, or [trustee]s, in the place or stead of the trustee or [trustee]s so dying or declining etc, to act as aforesaid, and thereupon all the said trust estate and premises for the time being should be conveyed assigned and assured in such manner.

Covenants by the said M Rooke, with the said W Prance and J C Prance, that for and notwiths[tanding] the acts etc, of herself, or any of her ancestors, she had good right to convey for quiet enjoyment – free from incumb[eranc]es and for further assurance.

Executed by said M Rooke and M H Prance and attested.

Schedule A and B being similar to the schedules of the abstracted indenture of 27th August 1825, with the omission only of the moieties of the premises which had been sold in the meantime, and with the exception also that the leasehold field called Clerkenwell in Schedule B, was described as held for a term of 2000 years or some other long term of years.

1848 Feb 10th – By indenture of this date indorsed upon last abstracted ind[entu]re of settlement of 6th September 1830, and made between the said M B Rooke of the 1st part; the said M H Prance and Mary his wife of the 2nd part; and the said W Prance and J C Prance of the 3rd part.

Reciting that the said M Browning Rooke was seized and possessed of certain freehold & leasehold mess[uag]es, tenements, farms, lands and heredi[tamen]ts, situate at Rumpham, Appledore and Hartland in the said County of Devon, or elsewhere in Great Britain, either legally or equitably, and either in possession, rev[ersi]on or rem[ainde]r, and that she was desirous of settling and assuring one equal undivided moiety thereof, upon and for the trusts etc, th[ereinafte]r expressed or referred to, of and concerning the same, and accordingly she had agreed to convey etc, the same unto, and to the use of, them, the said W Prance and J C Prance (as such trustees of the therewithin written indentures within ment[ione]d).

It was witnessed that in pursuance of the said recited agreement, and in cons[iderati]on of the natural love etc, for nominal cons[iderati]on therein ment[ione]d she, the said M B Rooke, with the privity and approbation of the said Mr H Prance and Mary his wife, testified etc, did grant, convey and assure unto said W Prance and J C Prance and their heirs…

All that one equal undivided moiety, or half part, of and in, all and singular, the said freehold messuages etc, or tenements, premises, lands and heredi[tamen]ts situate at Rumpsham, Appledore and Hartland, in the said County of Devon or elsewhere, of or to which the said M B Rooke, or any person or [person]s in trust for her, was or were entitled, for any estate of freehold, whether of inh[erit]ance of for any life or lives, or whether in possession remainder or reversion.
Together with the apput[enance]s.
And the reversion etc.
And all the estate etc.

To hold the said moiety heredi[tamen]ts etc, unto and for the use of the said W Prance and J C Prance, their heirs and assigns for ever, upon and for the several trusts etc, thereina[fter] expressed of and concerning the same.

Declaration that they, the said W Prance and J C Prance, their heirs, ex[ecutor]s ad[ministrator]s and ass[ign]s resp[ective]ly, should stand seized or possessed of, and interested in, the s[ai]d several freehold and leasehold moieties, heredi[men]ts and premises thereby conveyed and assured, upon the trusts following (that is to say), upon trust they, the said W Prance and J C Prance, their heirs, ex[ecutor]s, ad[ministrator]s and assigns respectively, should during their natural life of the said M B Rooke, pay the rents, issues and profits of the said trust monies, heredi[tamen]ts and premises unto, or otherwise permit the same to be received by her, the said M B Rooke, or her assigns, and from and after the decease of the said M B Rooke, and in the meantime subject and without prejudice to such her equitable life estate or interest therein, should stand seized, possessed of, and interested in the same trust, moieties, heredi[tamen]ts and premises, and the monies to be produced by the sale thereof, and the rents, issues and profits thereof, in the meantime until such sale upon and for the such and the same, or the like trusts, for sale to the trusts, intents and purposes, & with under, and subject to, such and the same or the like powers, provisos, decl[arati]ons and agreements, as in and by the therewithin written indenture were expressed, declared and contained, or referred to, of and concerning the freehold and leasehold moieties, heredi[tamen]ts and premises thereby conveyed, assigned and assured resp[ective]ly, and the monies to arise, or be produced, by the sale thereof, and the rents, issues and profits thereof, in the meantime until such sale or sales, or as near thereto as the difference of the circumstances would permit, but so nev[erthe]less that such trusts for sale, and powers should not so far as regarded the said thereby settled moieties, heredi[tamen]ts and premises be exercised during the life of the said M A(sic) Rooke, unless with the consent of herself or her assigns.

1850 May 13th – Death of Mary B Rooke.
[Mary Browning Rooke, in Hampstead District, aged 79].

1856 June 9th – By indenture of this date between the said Mr H Prance and Mary his wife of the 1st part; the said W Prance and J C Prance of the 2nd part; and Robert Rooke Prance and Reginald Heber Prance both of Hampstead aforesaid, esquires of the 3rd part.

Reciting the abstracted indentures of lease and release of 5th and 6th Sept 1830.

Also reciting the last before abstracted indenture of 10th February 1848.

And also reciting the sale of the settled moieties of certain small portions of the said premises not affecting this title.

And reciting that the said W Prance and J C Prance, being desirous of returning from the trusts of the said recited indentures, and thereby declining to act any further therein, the said Miles H Prance and Mary his wife had proposed, and agreed in accordance with the power in that behalf given to them by the said ind[entur]es as aforesaid, to appoint the said Robert R Prance and Reg[inal]d Heber Prance to be trustees of the same indentures, in the place or stead of the said W Prance and J C Prance, in manner therina[fter] men[tione]d, and in cons[iderati]on thereof, the said W Prance and J C Prance had agreed to execute such convey[anc]e and assignment of the said moieties, heredi[tamen]ts and premises remaining unsold as aforesaid to them, the R R Prance and Reginald H Prance as thereinafter ment[ione]d.

It was witnessed that in pursuance of the said recited proposal and agreement in that behalf they, the said M H Prance and Mary his wife, in pursuance of, and in exercise of, the said powers given or reserved to them in and by the said thereb[e]f[or]e in part recited ind[entur]es of 6th day of September 1830 and the 10th day of February 1848, and by force and virtue thereof and of every other power etc, did by now abstracting ind[entu]re, appoint the said Robert R Prance and R H Prance to be trustees of the same ind[entu]re, in the place or stead of the said W Prance and James C Prance (who were so desirous of retiring therefrom and declining to act further therein as af[oresai]d), for the execution of the several trusts etc.

Provisos decl[aration]s and agreements in and by the same indentures expressed and declared, of and concerning the moieties, heredi[tamen]ts and premises thereby respectively settled as aforesaid, or such of them as were then subsisting etc.

And it was further witnessed that in further pursuance of the said recited agreement, and for the nominal consideration therein mentioned, to the said W Prance and J C Prance, paid by the said R R Prance and R H Prance, on the execution of now reciting indenture (receipts acknowledged). They, the said W Prance and J C Prance, with the approbation of the said M H Prance and Mary his wife (testified etc), did grant and convey unto the said R R Prance and R H Prance their heirs and assigns…

All those the several freehold moieties, half parts or shares, heredi[tamen]ts and premises, which by the said severally thereb[efor]e recited indentures, were conveyed and assured to them, the said William Prance and J C Prance as aforesaid (except the said moieties which had been so sold in such small parts of the said freehold heridi[tamen]ts as aforesaid), together with the appurt[inance]s.
And all the estate etc.

To hold the said moieties, parts or shares, and all and singular other the premises thereb[efor]e granted and conveyed, with their appurt[enance]s, unto and to the use of the said R R Prance and R H Prance, their heirs and assigns for ever, nev[erthe]less upon and for the trusts, intent and purposes th[ereinaf]ter declared, or referred to, of and concerning the same.

Declaration that the said R R Prance and R H Prance, their heirs, ex[ecutor]s ad[ministator]s and assigns, should stand & be seized or possessed of, and interested in, all and singular the said freehold and leasehold moieties, parts or shares, heredi[tamen]ts and premises thereinbefore conveyed or assigned and assured, with the appurt[inance]s, upon and for such trusts, intents, and under and subject to such powers, provisos etc, as were in and by the therebefore recited ind[entu]res, expressed and contained or referred to, or such of them as were then subsisting etc.

Covenant by said W Prance and J C Prance that they had not incumb[erance]s.

Executed by all the said parties and duly attested.

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7th day of March 1865.

Conveyance of two messuages or dwelling houses and premises, situate on the Marine Parade, Appledore in the County of Devon.

Between the Trustees of the marriage settlements of Robert Prance and Miles Hammett Prance esquires and others, to Mr William Pickard.

This Indenture witnesseth that in pursuance, and for completion, of the said recited contract in consideration of the sum of £570 of lawful money of Great Britain, in hand paid by the said William Pickard to the said parties hereto, of the 1st and 3rd parts, in the shares and proportions in manner following, that is to say:

The sum of £285, being one equal moiety thereof, to the said William Henry Prance, and such surviving trustee of the said recited indenture of settlement of the 27th day of August 1825 as aforesaid.

And the sum of £285, the other moiety thereof, to the said Robert Rooke Prance and Reginald Heber Prance, such several sums making together the said aggregate purchase money or sum of £570 they, the said parties hereto of the 1st four parts according to their respective shares rights and interests, do hereby respectively acknowledge, and of and from the same, do and every of them, doth release and discharge the said William Pickard, his heirs, executors, administrators and assigns for ever by these presents.

He, the said William Henry Prance, as such sole surviving trustee of the said recited indenture of settlement of the 27th day of August 1825 as aforesaid, in pursuance and exercise of the said power and authority in that behalf given to him as such surviving trustee, in and by the same indenture of settlement, with the consent and approbation of the said Robert Prance, and so testified as aforesaid.

And they, the said Robert Rooke Prance and Reginald Heber Prance, as such trustees of the said recited indenture of settlement, or ancillary conveyance of the 6th day of September 1830 as aforesaid, and in execution and in pursuance of the trusts and powers in that behalf in the same indenture declared and contained, and at the request of the said Miles Hammett Prance, and so testified as aforesaid.

Do, and every of them Doth, by this present deed which as to the said William Henry Prance is sealed and delivered by him in the presence of, and attested by, two credible witnesses, and according to their respective moieties shares and interests, and their respective powers, and such appoint, grant and convey.

And they, the said Robert Prance and Miles Hammett Prance, according to their respective moieties, shares, estates and interests, Do, and every of them Doth, grant, convey and confirm unto the said William Pickard, his heirs and assigns…

All that messuage or dwelling house, yard and walled garden behind the same, with the small piece of inclosed ground or garden in front, situate on the Marine Parade at East Appledore, in the parish of Northam, in the County of Devon, here[to]fore leased to Mr William Law deceased, but now in the occupation of Thomas Williams as tenant thereof, from year to year.

And also all that messuage or dwellinghouse, yard, and walled garden behind the same, with the small piece of inclosed ground or garden in front, situate on the Marine Parade at East Appledore aforesaid, now and for many years past in the occupation of Mrs Elizabeth Wills as tenant thereof, and which said messuage or dwellinghouse, and hereditaments, intended to be hereby granted and conveyed, are more particularly delineated and described in the map or plan thereof drawn in the margin of these presents, together with all outhouses, buildings, edifices, stables, vaults, cellars, courts, yards, gardens, walls, hedges, ditches, mounds, fences, drains, ways, waters, watercourses, lights, casements, rights, members and appurtenances, whatsoever to the said hereditaments, intended to be hereby granted and conveyed belonging, or in any wise appertaining.

And the reversion and reversions remainder and remainders yearly and other rents and profits thereof.

And all the estate, right, title in trust, properly claim and demand whatsoever at law, and in equity, of them the said several persons, parties hereto of the 1st four parts, and of any of them into and out of the same several messuages or dwelling houses, hereditaments and premises.

And all deeds, evidences and writings relating solely or principally to the said hereditaments, now in the custody or power of them the said parties hereto of the 1st four parts, or any of them, or which they or any of them can or may obtain or procure, without suit at law or in equity.

To have and to hold the said two several messuages or dwelling houses and hereditaments, to and all and singular other the premises hereinbefore described, and hereby granted and conveyed, or expressed or intended so to be, with their and every of their appurtenances, unto and to the use of the said William Pickard, his heirs and assigns for ever. And the said William Henry Prance, Robert Rooke Prance, and Reginald Heber Prance, do hereby for themselves severally and respectively, and for their respective heirs, executors and administrators, but every of them so far only as regards his own act and deed, covenant with the said William Pickard, his heirs and assigns, that they the same covenanting parties respectively have not at any time heretofore made, done or executed, committed or knowingly suffered any act, deed, matter or thing, whereby the said hereditaments and premises hereinbefore expressed or intended to be hereby granted and conveyed, or any part thereof, are in can shall or may be conveyed, assured, impeached, charged, or in any way incumbered.

And in as much as the hereinbefore in part recited indenture of settlement of 27th day of August 1825 (the indenture of lease having been lost or mislaid), and the said indenture of the 3rd day of February 1845, are now in the possession of, and will be retained by, the said William Henry Prance as such surviving trustee thereunder as aforesaid, and the said reciting indentures of the 5th and 6th day of September 1830, and the 9th day of June 1856, are now in possession of, and will be retained by, the said Robert Rooke Prance and Reginald Heber Prance, as such trustees thereunder as aforesaid, they, the said William Henry Prance and Robert Rooke Prance and Reginald Heber Prance, at the request, and by the direction respectively, of the said Robert Prance and Miles Hammett Prance (testified as aforesaid), do hereby for themselves jointly and severally, and for their respective heirs, executors, administrators and assigns, and so also as to bind every, or any two of them, and their respective heirs, executors, administrators and assigns severally and respectively, and apart from the other and others of them, but every of them as far only as regards the acts and deeds of himself, his heirs, executors, administrators and assigns, and in relation only to the said indentures, which are so now in his possession as aforesaid, and so also or to render himself, his heirs, executors and administrators personally liable for any breach of this present covenant, only up to and until the same indentures shall respectively prove into the hands of some other person, or persons, legally or equitably bound by this present covenant, or having expressed notice thereof, yet so as effectually to bind all persons into whose hands the same indentures may come.

Covenant with the said William Pickard, his heirs and assigns, that they, the said William Henry Prance, Robert Rooke Prance, and Reginald Heber Prance respectively, their respective heirs, executors, administrators and assigns, will at all times hereafter, unless prevented by fire or other inevitable accident, upon every reasonable request, and at the costs and charges of him, the said William Pickard, his heirs or assigns, produce and show forth to him or them, or to such person or persons as he or they shall direct, the said several indentures which are so respectively in the possession of them, the said covenanting parties respectively as aforesaid, and at the like request, costs and charges, furnish him, the said William Pickard, his heirs and assigns, with true and attested or other copies or abstracts of, or extracts from, the same indentures or any of them, and permit such copies, abstracts or extracts to be compared with the originals by him or them, or by such person or persons as he or they may appoint in that behalf.

The witnesses thereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

Signed: Henry Prance, Robert Prance, Robert Rooke Prance, Reginald Prance, Miles H Prance.

This indenture made the 7th day of March 1865, between William Henry Prance of Plymouth in the County of Devon esquire of the 1st part; Robert Prance formerly of the City of London, but now of Frognal in the parish of Hampstead in the County of Middlesex esquire of the 2nd part; Robert Rooke Prance, and Reginald Heber Prance, both of Hampstead aforesaid, esquires of the 3rd part; Miles Hammett Prance of Greys Inn in the County of Middlesex and of Hampstead aforesaid, esquire, barrister at law of the 4th part; and William Pickard of Appledore in Northam in the County of Devon [gap], of the 5th part.

Whereas under and by virtue of certain indentures of lease and release dated respectively 26th and 27th days of August 1825, the indenture of release being made between the said Robert Prance of the first part; Sarah Hannah Rooke (therein described) of the 2nd part; and William Prance and Richard Vernon (therein respectively described, but both since deceased) of the 3rd part (being the settlement executed previously to, and in consideration of the then intended and subsequently solemnised marriage between the said Robert Prance and the said Sarah Hannah Rooke his late wife, but who is since deceased).

And by virtue also of a certain other indenture dated the 3rd day of February 1845, and made, or expressed to be made, between the said Robert Prance and Sarah Hannah his wife of the 1st part; Mary Browning Rooke (therein described, and who was the mother of the same Sarah Hannah Prance, but is since deceased) of the 2nd part; the said William Prance (since deceased) of the 3rd part; the said William Prance, and William Henry Prance of the 4th part; and the said Miles Hammett Prance of the 5th part; and which was indorsed on the said indenture of release and settlement.

And whereby the said William Henry Prance was in exercise, and in pursuance of a power in the said indenture of settlement contained, thereby appointed a trustee of the same indenture in place of the said Richard Vernon who had departed this life, and in consequence also of the subsequent death of the said William Prance, the one equal undivided moiety or half part to which the said Sarah Hannah Prance was, at the date of such settlement, seized in remainder, expectant on the decease of her said mother, since deceased, of and in the two several messuages or dwelling houses and hereditaments hereinafter particularly described and expressed, or intended to be hereby granted and conveyed, is now vested in the said William Henry Prance as the surviving trustee of the said indenture of settlement, in fee simple in possession upon the subsisting trusts of the same indenture being for the benefit of the said Robert Prance during his life, determinable as therein mentioned, and after his decease then for the benefit of the children or issue of his said marriage, or in the said indenture of settlement particularly expressed, but with full power for him, the said William Henry Prance, as such surviving trustee, at any time at the request, and by and with the consent and approbation of the said Robert Prance (as having survived his late wife), to be signified by some writing under his hand and seal, and to be attested by two or more credible witnesses, to sell and dispose of the same moiety and hereditaments to any person, or persons, whomsoever for such price, or prices, in money as to him, the said William Henry Prance, as such surviving trustee, with such consent and approbation as aforesaid, should seem reasonable.

And that for the purpose of effectuating such sale and disposition, with such consent and approbation as aforesaid, by any deed or deeds sealed and delivered by him, in the presence of, and attested by two or more credible witnesses, to make such rev—ation and new appointment of uses, or other conveyances or assurances as might be thought necessary or expedient, for effectuating such sale as therein more particularly expressed, and with full power also for him the said William Henry Prance, as such surviving trustee, to give and sign receipts for the monies arising from such sale, which it was by the said indenture of settlement declared, should be sufficient discharges to purchasers for the monies for which the same should be so given, and which should exonerate the purchasers from all liability on account of the misapplication or non-application of such monies.

And whereas under, or by virtue of, certain indentures of lease and release dated respectively 5th and 6th days of September 1830, the indenture of release being made between Mary Rooke (therein described) of the 1st part; the said Miles Hammett Prance of the 2nd part; and the said William Prance (since deceased), and James Carnell Prance (therein described and since also deceased) of the 3rd part; being the settlement or a conveyance ancillary to the settlement executed on the marriage of the said Miles Hammett Prance and the said Mary Rooke his late wife, but who is since deceased.

And by virtue also of a certain other indenture dated 9th day of June 1856, and made between the said Miles Hammett Prance and Mary his wife of the 1st part; the said William Prance and James Carnell Prance of the 2nd part; and the said Robert Rooke Prance, and Reginald Heber Prance of the 3rd part; whereby the said Robert Rooke Prance, and Reginald Heber Prance, were duly appointed trustees of the said last mentioned indenture of settlement or ancillary conveyance, in the place of the said William Prance and James Carnell Prance, in exercise and in pursuance of a power in that behalf, in the same indenture contained, the other equal undivided moiety or half part of which Mary Prance was at the date of such settlement seized in remainder, expectant on the decease of her mother, the said Mary Browning Rooke since deceased, of and in the said messuages, and the two several messuages or dwelling houses and hereditaments, intended to be hereby granted and conveyed, is now vested in the said Robert Rooke Prance and Reginald Heber Prance in fee simple, in possession, upon the trusts following (that is to say): upon trust at any time at the request in writing of the said Miles Hammett Prance as having survived his said late wife, to make sale and absolutely dispose of, or concur in selling and disposing of, the same moiety, part or spare, either by public auction or private contract, as they, the said trustees, should deem expedient, and to make and execute all such conveyances and assurances as should be requisite, or be deemed expedient, to effectuate such sale, and with full power for them the said trustees to give good and sufficient receipts and discharges for all monies paid to them under, or by virtue of, the same indenture, and which it was thereby declared, should exempt the person or persons paying such monies from being obliged to see to the application thereof, and from all liability on account of the non-application of mis-application thereof.

And whereas the said William Henry Prance, as such surviving trustee of the said recited indenture of settlement of the 27th day of August 1825, in exercise of the said power in that behalf, in the same indenture contained, with the consent and approbation of the said Robert Prance, testified by this writing under his hand and seal, attested by two credible witnesses, and the said Robert Rooke Prance and Reginald Heber Prance, as such trustees of the said recited indenture of settlement of the 6th day of September 1830, in execution of the trusts in that behalf in the same indenture declared, and contained at the request of the said Miles Hammett Prance (testified by this writing under his hand), and according to their respective moieties, parts or shares and interests, have contracted with the said William Pickard, for the absolute sale to him of the said two several messuages or dwelling houses and hereditaments, hereinafter particularly described and expressed, or intended to be, hereby granted and conveyed with the appurtenances and the inheritances thereof in fee simple, in possession free from all incumberances, at or for the price or sum of £570.

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[On the back of the Document]:

Received the day and year first within written, of and from the within named William Pickard, the sum of £585, being the consideration money within expressed to be paid by him to me.
£285.
Signed: William Henry Prance, witnessed: D MacKrae, Edmund Staples.

Received the day and year first within written of and from the within named William Pickard the sum of £585.
Signed: Robert Rooke Prance, witnessed: Herbert N Evans, Edward Dell.
Signed: Reginald H Prance, witnessed: Emma Herbert, Henry Bell.

Signed, sealed and delivered by the within named Henry Prance, in the presence of us: D MacKrea, 4 Harper Street, Red Lion Square, a jobrs clerk; Edm[un]d Staples, clerk to Messrs Gregory and Co, Solicitors.

Signed, sealed and delivered by the within named Robert Prance, in the presence of us: James Marshall, Wilswood, Hampstead; and Thomas Jordan, Hampstead, actuary to the Savings Board.

Signed, sealed and delivered by the within named Robert Rooke Prance, in the presence of us: Herbert N Evans of Hampstead, Edward Dell, servant to Mr R Prance.

Signed, sealed and delivered by the within named Reginald Heber Prance, in the presence of us: Emma Herbert and Henry Bell, servants to Mr & Mrs H Prance.

Signed, sealed and delivered by the within named Miles Hammett Prance, in the presence of us: Jas Smith, jobrs of Greys Inn, H[enr]y Knott, clerk to Mr M H Prance, 3 Greys Inn.

Memorandum: by the Will of the within named William Pickard (who died 13th April 1906), proved in the Exeter District Probate Registry on 13th June 1906, the most easterly of the two dwelling houses within conveyed, then known as No 6 Marine Parade, was devised unto his three nieces: Isabel Holman Pickard, Laura Holman Pickard, and Bertha Pickard, and by an indenture made 21st August 1906, the executors of the said Will conveyed the said dwelling houses to the said devisees, and their right to production of the within indentures was acknowledged.

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