Conveyance of a Mansion House lands and hereditaments in the parishes of Wivenhoe and Elmsted in the County of Essex between the Trustees of the Will of the late William Brummell Esquire and Thomas Harvey D/DU 225/10
27 July 1859
This Indenture made the twenty seventh day of July one thousand eight hundred and fifty nine Between John Baillie Baillie of Leys Castle in the County of Inverness North Britain Esquire and Edmund Round of Chelmsford in the County of Essex Esquire of the first part Thomas Harvey of Wivenhoe in the County of Essex shipbuilder of the second part and John Bawtree the younger of Colchester in the said County of Essex Esquire of the third part
Whereas by Indenture of lease and release bearing date respectively on or about the third and fourth day of July one thousand eight hundred and eleven The release being made or expressed to be made between Edward Sage Esquire and Sarah his wife of the first part William Brummell Esquire of the second part and Jonathan Rashleigh Gentleman since deceased of the third part and by a Fine Sur Cognizance de droit come ceo et cetera with proclamation duly levied in or of Trinity Term One thousand eight hundred and eleven by the said Edward Sage and Sarah his wife in pursuance of a Covenant in that behalf contained in the said Indenture of release
All that message or mansion house with the Coachhouse stable and other out offices erections and buildings erected and built by Daniel Harvey deceased together also with all the rights members and appurtenances therewith respectively belonging or in any wise appertaining situate and being in the parish of Wivenhoe in the said County of Essex
And also all those several pieces or parcels of land closes fields or grounds therein and hereinafter particularly mentioned and described upon part whereof had been formed into and then constituted the Garden paddock and plantations of and belonging to the said message or mansion house And all those several closes or fields of meadow or pasture land and appurtenances belonging to and used and enjoyed with the said messuage or mansion house and next therein and hereinafter mentioned and that is to say
All those pieces or parcels of Ground wherein a cottage and Barn some time since stood but which had been pulled down and demolished And also all those three fields pieces of parcels of arable land formerly one close to the said late cottage and barn near adjoining or belonging and commonly called or known by the name The Pump fields upon part whereof the said message or mansion house and other erections and buildings aforesaid were erected and built situate in the parish of Wivenhoe aforesaid and containing together eight acres or thereabouts theretobefore in the several tenures of Daniel Hines and the said Daniel Harvey or one of them then or one of their undertenants or assigns
And also all that close piece or parcel of arable land commonly called or known by the name of the Great Mill Hangings containing five acres or thereabouts situate lying and being in the said parish of Wivenhoe theretofore in the occupation of Nicholas Corsellis his assignees or assigns And also all that piece of parcel of meadow land some time described or computed to contain two acres or thereabouts but containing by admeasurement one acre three roods and seventeen perches little more or less sometime since in the occupation of Thomas Arthy his undertenants or assigns situate in the parish of Elmstead in the said County of Essex adjoining to a piece or parcel of meadowland then or late called Anchor Meadow
And also all those two pieces or parcels of land the one containing by estimation one acre one rood and fourteen perches more or less and the other being planted with trees or shrubs containing by estimation one acre three roods and thirty seven perches more or less situate lying and being in Elmstead aforesaid and the same two pieces or parcels of land were parts of a certain piece of land therefore called the park and Gravel pit which were then lately foul Grounds and containing on the whole eight acres or thereabouts
And also all that piece or parcel of meadow land containing by estimation one acre and four perches more or less situate in Elmstead aforesaid and being part of the aforesaid piece or parcel of land then of late called the Anchor meadow containing in the whole four acres or thereabouts and therefore in the occupation of Thomas Abbott
And also all that piece of parcel of Ground lying and being in Wivenhoe aforesaid purchased by the said Daniel Harvey of and from Robert Durrell and Margery Durrell and laid into his paddock containing in length on the south side thereof Three hundred and ninety feet little more or less abutting southward on the Ground then or then late of William Mason in Wivenhoe aforesaid and adjoining to the other Ground then or then late of the said Robert Durrell and Margery Durrell in the said parish towards the west and which west side thereof contained by admeasurement one hundred and thirty two feet little more or less and abutting on a Brook dividing the said parish of Wivenhoe from the said parish of Elmstead in part and on Ground then late of the said Daniel Harvey in part towards the East and on other Ground then late of him the said Daniel Harvey towards the north All which said message or mansion house closes pieces or parcels of land or other hereditaments thereinbefore mentioned were purchased by the said Edward Sage of and from the Devisees in trust of the said Daniel Harvey deceased and were granted and conveyed unto and to the use of him the said Edward Sage his heirs and assigns in and by certain Indentures of lease and release bearing the date the first and second days of April one thousand seven hundred and ninety five
And also all that the said message or tenement called the Baytree then divided into three tenements in the several tenures or occupations of Joseph Bridges Thomas King and Mary Boram [?] Widow
And also all those four closes of arable land near the said message or tenement called the Bay tree containing by admeasurement ten acres two roods and three perches more or less then in the occupation of the said Edward Sage formerly Three Closes and and described as containing seven acres which said last mentioned hereditaments were purchased by the said Edward Sage from Elizabeth Bartwell and were subsequently enfranchised
And also all that message or Tenement called the undersett to the Bay Tree purchased by the said Edward Sage of and from Samuel Clarke and subsequently enfranchised then in the occupation of him the said Edward Sage and converted into and used as and for a Granary
And also all that piece of parcel of pasture land formerly part of certain foul ground called the park situate and being in a certain lane called Spring Lane containing by admeasurement one acre two roods and thirty perches more or less purchased by the said Edward Sage of and from the said Nicholas Corsellis then in the occupation of Benjamin Smith
And also all that other field or close of land or arable ground containing by estimation six acres more or less situate lying and being in Wivenhoe aforesaid abutting towards the west upon a field of pasture next then and thereinafter described on the East upon the Brook and Meadow then or then late of the said Nicholas Corsellis then or then late in the occupation of John Smith on the north and on the lane leading to the parsonage on the south
And also all that field or close of land or Arable Ground containing by estimation four acres one rood and twenty seven perches more or less situate lying and being in Wivenhoe aforesaid abutting on the last above mentioned field or close on the east on the aforesaid Brook and meadow of the said Nicholas Corsellis on the north on the said lane leading to the parsonage on the south and on land theretofore of David Baker on the west which said two last mentioned closes or fields of land were purchased by the said Edward Sage of the said Nicholas Corsellis and where then in his own occupation
And also all that piece or parcel of land formerly part of the meadow called Anchor Meadow part of the living of Wivenhoe and purchased by the said Edward Sage of and from him the said Nicholas Corsellis containing two rods and five perches more or less part whereof was then converted into a pond other part whereof was then turned into plantation and the residue whereof remained pasture and all of which said last mentioned piece or parcel of land as altered was then in the possession of him the said Edward Sage
And also all that piece or parcel of land formerly part of an estate called the Angiers lying between the aforesaid malting office and the same meadow called the Anchor Meadow which last mentioned piece or parcel of land was purchased by the said Edward Sage of and from John Bawtree Esquire
And also all that said Croft or pightle of land formerly part of an estate called Newtons containing by estimation half an acre more or less and which was purchased by the said Edward Sage of and from Francis Rudge and Mary his wife and subsequently enfranchised
And also all that orchard or piece or parcel of land and ground formerly part of and belonging to two copyhold messuages called the Pupletts containing by estimation one acre more or less which was then lately purchased by the said Edward Sage of and from the said Elizabeth and John Mason and subsequently enfranchised
And also all that piece or parcel of land or ground formerly part of parcel of a messuage or tenement called The Rose containing [large gap] and purchased by the said Edward Sage from Thomas Moulding and Susan his Wife part of which said several form last mentioned pieces or parcels of land or ground were then pasture and had been thrown by the said Edward Sage into and then formed part of the lawn before the said Capital messuage or mansion house and the residue of the same pieces or parcels of land or ground had been turned into plantation and had been laid around the said lawn or parts thereof
And also all and singular other the messuages cottages lands and hereditaments whatsoever of him the said Edward Sage in Wivenhoe and Elmstead aforesaid or either of them with the appurtenances to the same hereditaments and premises respectively belonging or appertaining were conveyed unto the said William Brummell his heirs and assigns freed and discharged from land tax except such part of the land tax as had not been purchased or redeemed and which did not exceed the yearly sum of eighteen shillings
To the use and behoof of such person or persons for such estate or estates either absolute or conditional and with or without power of revocation and subject to such powers provisos conditions declarations and agreements and in such manner in all respects as the said William Brummell by any deed or Instrument to be executed and attested as therein mentioned or by his last Will and Testament in writing to be by him signed sealed published and declared in the presence of and attested by three or more credible Witnesses should direct or appoint or devise the same and in default of and until such direction or appointment or devise
To the use of the said William Brummell and his assigns for his life without impeachment of waste with a limitation
To the use of the said Jonathan Rashleigh his heirs and assigns during the life of the said William Brummell
In trust for him and his assigns and to permit him and them during his life to receive and take the rents and profits thereof for his and their own use with remainder
To the use of the said William Brummell his heirs and assigns for ever
And whereas the said William Brummell in such manner as the law then required for rendering valid devises of freehold estates duly signed and published his last Will and Testament bearing date the first day of June One thousand eight hundred and sixteen and thereby gave devised and bequeathed all and singular his messuages lands tenements and hereditaments whatsoever situate lying and being in Wivenhoe or Elmstead or elsewhere in the said County of Essex together with them and every of their appurtenances unto and to the use of Robert Panther Esquire and the said Jonathan Rashleigh their heirs and assigns
Upon trust that they the said Robert Panther and Jonathan Rashleigh and the survivor of them his heirs or assigns should with all convenient speed after his decease absolutely make sale and dispose of his said messuage lands tenements and hereditaments either together or in parcels by public sale or private contract unto any person or persons who might be willing to become the Purchaser or Purchasers thereof for such price or prices in money do to his said Trustees or the survivor of them his heirs and assigns should appear to be the most that could reasonably be gotten for the same
And in order to facilitate such sale or sales the said testator directed that the receipt and receipts from time to time to be signed and given by the said Robert Panther and Jonathan Rashleigh or the survivor of them his heirs executors or administrators for any sum or sums of money which should be paid to them or him respectively by any Purchaser or purchasers of his said hereditaments or any part thereof should be a good and effectual release and discharge to such purchasers respectively for the money in such receipt or receipts expressed to be received and that after such receipt or receipts should be given such purchaser or purchasers should not be obliged to see to the application or be answerable for the loss misapplication or misapplication of such money or any part thereof
And whereas the said William Brummell died on or about the fifth day of May One thousand eight hundred and fifty three without having in any manner revoked or altered his hereinbefore recited Will and shortly afterwards the same Will was proved in the Prerogative Court of Canterbury by the said Anne Brummell alone the said Jonathan Rashleigh one of the said Executors thereof having died in the lifetime of the said William Brummell and Power being reserved for the said Robert Panther the other surviving Executor to come in and prove the same
And whereas the said Robert Panther never having acted in the execution of the trusts of the said Will nor accepted the devises and bequeaths made to him jointly with the said Jonathan Rashleigh
Upon trust as therein mentioned by a Deed Poll or Instrument in writing under the hand and seal of him the said Robert Panther and bearing date the thirteenth day of March one thousand eight hundred and fifty eight renounced and disclaimed
All and singular the messuage lands tenements and hereditaments and all the monies securities for money goods chattels estates and effects given devised or bequeathed by the said recited Will of the said William Brummell deceased and all devised bequests and legacies and benefits expressed to be made or given to him by the said Will and also the offices of Trusted and Executor of the said Will and all and singular such powers authorities rights and privileges whatsoever under the same Will
And whereas the said Will of the said William Brummell did not contain any power or direction for the Appointment of new Trustees in the place of the said Jonathan Rashleigh and Robert Panther and therefore by an order of the Court of Chancery made by the Vice Chancellor Sir Richard Torin Kindersley on the third day of August one thousand eight hundred and fifty eight upon the hearing of a petition for that purpose presented to him “In the matter of the Trusts Act of 1850” and in the matter of the Trust created by the will of William Brummell Esquire it was ordered that the said John Baillee Baillee and Edmund Round be appointed new Trustees of the said recited Will of the said William Brummell deceased in substitution for the Trustees therein named and that the lands and hereditaments subject to the Trustees of the said Will should rest in the said John Baillee Baillee and Edmund Round as such Trustees for the said Will for the Estate therein of the Trustees named in the said Will.
Whereas the said John Baillie Baillie and Edmund Round as such Trustees of the said recited Will of the said William Brummell deceased do as aforesaid and in pursuance of the Trust for that purpose contained in the said Will have contracted and agreed with the said Thomas Harvey for the absolute sale to him of the said Messuage or Mansion House lands tenements hereditaments hereinbefore particularly mentioned and described and comprised in and conveyed by the hereinbefore recited Indenture of the lease and release of the third and fourth days of June One thousand eight hundred and eleven with their and every of their appurtenances and all additions and improvements to the said Messuage Mansion House and buildings and the inheritance thereof in fee simple in possession of free from Landtax, except as to such part thereof as has not been redeemed which does not exceed the yearly sum of Eighteen Shillings and all Incumbrances and together with all timber and other trees, woods and underwood upon the same hereditaments and premises or any part thereof respectively at or for the price or sum of Four thousand two hundred pounds sterling
Now this Indenture Witnesseth that in consideration of the sum of Four thousand two hundred pounds sterling at or immediately before the execution of these presents to the said John Baillie Baillie and Edmund Round in hand well and truly paid by the said Thomas Harvey the receipt of which said sum of Four thousand two hundred pounds and that the same was in full for the absolute purchase of the said hereditaments and premises so considered to be sold as aforesaid
They the said John Baillie Baillie and Edmund Round do hereby respectively acknowledge and from the same sum and every part thereof do and each of them Doth hereby acquit release and for ever discharge the said Thomas Harvey his heirs executors administrators and assigns
They the said John Baillie Baillie and Edmund Round in pursuance and in execution of the trusts or power for that purpose contained in the said Will of the said William Brummell deceased
Do and each of them Doth by these presents grant release and confirm unto the said Thomas Harvey his heirs and assigns
All that and those the said messuage or mansion house tenements closes pieces or parcels of land hereditaments and premises hereinbefore particularly mentioned and described which were comprised and conveyed by the hereinbefore recited Indenture of lease and release of the third and fourth days of July One thousand eight hundred and eleven to the use of the persons hereinbefore mentioned
Together with all additions and improvements to the said messuage or mansion house respectively
All which said hereditaments and premises were lately in the tenure or occupation of the said William Brummell his undertenants or assigns and are delineated on the map thereof shown on the third skin of these presents [creases in the deed make the last few lines difficult to decipher] and coloured green
Together with all newly erected and other houses edifices buildings barns and stables And the grounds gardens orchards backsides commons common of pasture common of turbary and other Commonable rights trees woods underwoods mounds fences hedges ditches ways waters watercourses easements privileges profits commodities emoluments and appurtenances to the said messuage or mansion house tenements closes lands and hereditaments and premises hereby granted and approved or intended so to be or any part or parts thereof respectively belonging or in anywise appertaining or therewith or with any part or parts thereof respectively now or heretofore devised leased held used occupied and enjoyed or accepted respected deemed taken or known as part parcel or member thereof or any part thereof or appurtenances thereunto with their and any of their appurtenances save and except a certain piece of copyhold land adjoining some or one of the ancient Inclosures of the said lands and hereditaments containing one rood and eighteen perches which was in the year One thousand eight hundred and thirty four granted by the Lord of the Manor of Wivenhoe aforesaid to the said William Brummell his heirs and assigns to be held as a Customary Estate according to the custom of the said Manor at the rents and services in the Copy of Court Roll of such Grant mentioned
And all the Estate right title Interest Inheritance use trust possession property claim and demand whatsoever both at law and in Equity of them the said John Baillie Baillie and Edmund Round and each of them in to and out of the same hereditaments and premises and every of them and every part thereof respectively
To have and to hold the said messuage or mansion house Tenements closes lands hereditaments and all and singular other the premises hereinbefore granted and confirmed or intended so to be and every of them and every part thereof respectively with their and every of their appurtenances unto the said Thomas Harvey and his heirs
To the use of the said Thomas Harvey and his assigns during his natural life without Impeachment of or for any manner of waste and immediately after the determination of that Estate by any means in his lifetime
To the use of the said John Bawtree the younger his executors administrators and assigns during the life of the said Thomas Harvey
In trust for him and his assigns
And immediately after the determination of the Estate so limited to the said John Bawtree the Younger his executors administrators and assigns as aforesaid
To the use of the said Thomas Harvey his heirs and assigns for ever
And the said Thomas Harvey doth hereby declare that his Widow (if any) shall not be entitled to dower out of or in the hereditaments and premises hereby granted and confirmed or intended so to be or any part thereof respectively
And each of them the said John Baillie Baillie and Edmund Round so far as relates to his own acts deeds and defaults only and not the one for the other of them
Doth hereby for himself his heirs executors and administrators covenant and declare with and to the said Thomas Harvey his heirs and assigns that they the said John Baillie Baillie and Edmund Round have not not hath either of them at any time heretofore made done Committed or executed or knowingly suffered or been party to or privy to any act deed matter or thing whatsoever whereby or by reason or means whereof the said hereditaments and premises hereby granted and confirmed or intended so to be or any of them or any part thereof respectively are in or maybe in anywise impeached charged affected or incumbered in title Estate or otherwise howsoever or whereby or by reason or means whereof they the said John Baillie Baillie and Edmund Round respectively are in anywise hindered from Granting and confirming the same hereditaments and premises or any of them or any part thereof respectively in manner aforesaid
In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year before written
John Baillie Baillie
Edmund Round
Received the day and year first within written of and from the within named Thomas Harvey the sum of Four thousand two hundred pounds being the consideration within mentioned to be paid by him to us
John Baillie Baillie
Edmund Round
Witness to the signature of the said John Baillie Baillie
Alex B. Baillie Ensign
79th Highlanders
Witness to the signature of the above named Edmund Round
H. Cipriano? Potter
Francis Brodie?
Signed sealed and delivered by the within named John Baillie Baillie in the presence of
Alex B. Baillie Ensign 79th Highlanders
Signed sealed and delivered by the within named Edmund Round in the presence of
H. Cipriano? Potter 57 Lincoln’s Inn Fields Solicitor
Francis Brodie? of the same place Gentleman
[Transcribed by Pat Marsden, May 2019. The original text comprises one continuous sentence but the transcription has been formatted to assist in reading]
For further information about the Wivenhoe House Estate see: https://www.wivenhoehistory.org.uk/content/category/topics/:places-buildings/wivenhoe-house-estate
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