Conveyance of 22 December 1865 referring to Freehold Cottages Land hereditaments and premises situate in Wivenhoe and Elmstead
Deeds referring to the dismantling and disposal of the Wivenhoe House Estate between 1859-1865
Added by Pat Marsden
22 December 1865
Conveyance of Freehold Cottages Land hereditaments and premises situate in the Parish of Wivenhoe and Elmstead in the County of Essex
Messrs Bawtree Errington Bawtree and Haddock and others to Nicholas Caesar Corsellis Esquire (D/DU 225/16)
This Indenture made the Twenty second day of December One thousand eight hundred and sixty five Between John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock all of Colchester in the County of Essex Bankers and Copartners of the first part John Stuck Barnes of Colchester aforesaid Gentleman and William Alfred Neck of the same place Gentleman of the second part and Nicholas Caesar Corsellis of Wivenhoe Hall in the said County of Essex of the third part
Whereas by an Indenture dated Twenty third day of May One thousand eight hundred and sixty one and made between Thomas Harvey of Wivenhoe aforesaid Shipbuilder of the one part and the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock of the other part
All that Mansion House then partially demolished Gardens Lands hereditaments and premises situate in the Parish of Wivenhoe aforesaid and numbered 293 on the Map for the Commutation of the Tithes of the said Parish of Wivenhoe and containing Nine acres Two roods and seventeen perches
And also all that the Brook and Woodland forming the boundary of the said piece of land and hereditaments
And also All that piece or parcel of land situate in the Parish of Elmstead in the said County of Essex containing Seven Acres Two roods and twenty four perches or thereabouts adjoining the piece of land thereinbefore described and abutting on the road there called the Ballast Road together with the Brook and Woodland forming the boundaries thereof (Which said pieces of land and hereditaments thereinbefore described and thereby conveyed were delineated on the plan drawn on the back of the second skin of the reciting Indenture and therein coloured Green)
Were with their appurtenances granted and released Unto and to the use of the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock their heirs and assigns
Subject nevertheless to the proviso for redemption and reconveyance of the said hereditaments and premises on payment by the said Thomas Harvey his heirs executors administrators or assigns unto the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock or the survivors or survivor of them their or his executors administrators or assigns or other the person or persons for the time being carrying on the said business of the said Copartnership of the sum of Three thousand one hundred and thirty one pounds thirteen shillings and four pence with Interest for the same after the rate of Five Pounds per centum per annum on the Twenty third day of July then next ensuing
And whereas by another Indenture bearing date the said Twenty third day of May One thousand eight hundred and sixty one and made between the said Thomas Harvey of the one part and Edward Smith of Colchester aforesaid Auctioneer and the said John Stuck Barnes of the other part
All those three pieces or parcels of land lying together and hereditaments then in the occupation of the said Thomas Harvey and his tenants together with the new erected Messuage or tenement and other buildings then standing thereon situate in the Parish of Wivenhoe aforesaid and delineated on the Map drawn on the back of the third skin of the now reciting Indenture and therein coloured Pink and known by the numbers on the Tithe Commutation Map for the said Parish of Wivenhoe and containing the quantities following (that is to say) No 243 containing Five acres and thirty two perches No 244 containing Two Acres and three roods and No 262 containing Two Acres two roods and twenty eight perches [see Images One and Two]
And also All those pieces of land Barnyards Barn pasture Garden hereditaments and appurtenances also lying together in the said Parish of Wivenhoe and in the occupation of the said Thomas Harvey and known by the numbers on the said Map and containing the quantities following (that is to say) No 292 containing Six Acres two roods and thirty eight perches No 293 containing Four Acres two roods and fourteen perches No 294 containing Thirty nine perches No 295 containing Two Acres one rood and twenty four perches No 296 containing Two roods and thirty two perches and No 297 containing Three roods and thirty seven perches (All which said lands and hereditaments were also delineated on the said Plan and thereon coloured Pink) were with their appurtenances granted released and conveyed
Unto and to the use of the said Edward Smith and John Stuck Barnes their heirs and assigns
Subject nevertheless to the proviso for redemption and reconveyance of the said hereditaments and premises on payment by the said Thomas Harvey his heirs executors administrators or assigns unto the said Edward Smith and John Stuck Barnes their executors administrators or assigns of the sum of One thousand five hundred pounds with interest for the same at the rate of Five pounds per centum per annum on the twenty fourth day of June then next ensuing
And the said Indenture now in recital contains a proviso that in case default in payment of the said principal and interest moneys or any part thereof respectively should be made as aforesaid and if the said Edward Smith and John Stuck Barnes their heirs executors administrators or assigns should give to the said Thomas Harvey his heirs executors administrators or assigns or either of them or leave at his or their last known place or or places of abode in England or on any part of the said premises one calendar month’s previous notice in writing under the hands of the said Edward Smith or John Stuck Barnes their heirs executors administrators or assigns or some or one of them of his or their intention to proceed to a sale of the said lands hereditaments and premises thereby assured unless the principal and interest moneys thereby intended to be secured should be paid at the expiration of the said notice
Then it should be lawful for the said Edward Smith and John Stuck Barnes their heirs executors administrators or assigns immediately thereupon or at any time thereafter so long as any part of the moneys intended to be thereby secured should remain unpaid (notwithstanding the acceptance of interest after such notice as aforesaid and whether he or they should not have entered into the possession or receipts and profits as aforesaid) without the necessity of any consent or concurrence on the part of Thomas Harvey his heirs or assigns to sell and absolutely dispose of the said Messuage lands hereditaments and premises thereby assured or intended so to be or any part of the same either together or in parcels and either by public auction or by private contract and under and subject to such special or other conditions or stipulations relative to title or otherwise as he or they should think proper with liberty to buy in the said hereditaments or any part thereof at any auction or auctions and to resell the hereditaments so bought at any future auction or by private contract without being answerable for any loss expense or diminution of price which should be consequent thereupon and also if demand expedient to rescind or vary the terms of any contract for sale which should have been entered into and to convey or assure the same hereditaments when sold unto the purchaser or purchasers
Thereof or as he or she or they should direct or appoint free and discharged of and from all right and equity of redemption whatsoever
And it was thereby agreed and declared that the said Edward Smith and John Stuck Barnes their heirs executors administrators or assigns should stand and be possessed of the money which should arise from such sale or sales and the rents and profits (if any) which should have come to lie or their hands by virtue of the now reciting Indenture Upon trust in the first place to pay or retain and satisfy unto himself and themselves the said Edward Smith and John Stuck Barnes their heirs executors administrators the costs and expenses attending such sale or sales on the receipt or recovery of such rents and profits or which should have been incurred by him or them in obtaining possession of or enforcing any contract or contracts for sale of the said hereditaments and all other expenses arising concurred in the execution of the powers and trusts thereinbefore contained
And in the next place to retain or pay and satisfy unto them the said Edward Smith and John Stuck Barnes their executors administrators or assigns the said principal sum of One thousand five hundred pounds with interest for the same after the rate aforesaid or so much of the same sum and interest respectively as should then remain unpaid
And in case, after full payment and satisfaction thereof any sum or sums of money should remain in the hands of the said Edward Smith and John Stuck Barnes their heirs executors administrators or assigns then upon trust to pay such residue of surplus unto the said Thomas Harvey his heirs or assigns as he or they should direct
And it was thereby further declared and agreed that every receipt which should be given by the said Edward Smith and John Stuck Barnes their heirs executors administrators or assigns or his or their agent or agents to any purchaser or purchasers of the said hereditaments and premises for his her or their purchase money or purchase monies or any part of the same respectively or to any tenant or tenants for any rents or profits paid by him or them respectively should effectually discharge the person or persons paying the same from all responsibility in respect of the application thereof
And that the purchaser or purchasers of the said hereditaments and premises or any tenant or tenants should not be obliged to enquire whether any such default had been made or (as such purchaser or purchasers) whether such notice had been given as thereinbefore required or into any other matter or thing connected with the propriety or regularity of any sale or sales made by the said Edward Smith and John Stuck Barnes their heirs executors administrators or assigns and should not be affected by express notice from the said Thomas Harvey his Heirs or assigns or any other person or persons that no such default had been made or notice given as aforesaid or that such sale or sales was or were unnecessary and improper
And it was thereby further declared and agreed that the power of sale and other the powers and authorities thereinbefore contained were not intended and should not be deemed to be personal unalienable trusts but should and might from time to time vest in and be exercisable by the person or persons in whom the legal ownership of the said hereditaments and premises should or might for the time being be vested by descent devise conveyance or otherwise nor should the power of sale thereinbefore contained be construed to extend to destroy prejudice or affect the rights or remedies of the said Edward Smith and John Stuck Barnes their heirs or assigns as Mortgagees of the said hereditaments and premises under or by virtue of the now reciting Indenture but it should be lawful for him or them to proceed to a foreclosure of the equity of redemption of the said premises or otherwise to enforce his or their said rights and remedies as a mortgagee or mortgagees in the said manner and as effectually to all intents and purposes as if no such power of sale had been therein contained
And whereas by another Indenture dated the thirty first day of March One thousand eight hundred and sixty two and made between the said Thomas Harvey of the one part and the said John Stuck Barnes and William Alfred Neck of the other year part/inter alia
All that sale of the Mansion house lands and hereditaments situate in the Parishes of Wivenhoe and Elmstead aforesaid containing in the whole Thirty four acres two roods and ten perches or thereabouts and conveyed to uses for the benefit of the said Thomas Harvey by two several Indentures, one of which was dated the twenty seventh day of July One thousand eight hundred and fifty nine and made between John Baillie Baillie and Edmund Round of the first part the said Thomas Harvey of the second part and John Bawtree of the third part, and the other was dated the thirteenth day of May One thousand eight hundred and sixty one and made between James Leman? of the first part Georgina Ann Baillie Mary Elizabeth Piggott and Frances Amelia Duffield of the second part the said Thomas Harvey of the third part and John Bawtree the Younger of the fourth part,
And all other the hereditaments described or comprised in the said Indentures or either of them (Save and except such part of the said hereditaments as were comprised in certain Particulars of Sale dated respectively the twenty fourth of April One thousand eight hundred and fifty seven and the eighteenth day of July One thousand eight hundred and sixty one) with the appurtenances granted released and conveyed
Unto and to the use of the said John Stuck Barnes and William Alfred Neck their Heirs and assigns
Subject nevertheless to the proviso for redemption and reconveyance of the said hereditaments and premises on payment by the said Thomas Harvey his heirs executors administrators or assigns unto the said John Stuck Barnes and William Alfred Neck their executors administrators or assigns of Eight hundred pounds upon the thirtieth day of September then next with interest thereon after the rate of Five Pounds per centrum per annum
And the said Indenture now in recital contains a power of sale in case of default in payment of the said principal and interest at the time and in the manner aforesaid
And whereas by a Memorandum dated the thirtieth day of May One thousand eight hundred and sixty two (endorsed on the last recited Indenture) the said William Alfred Neck acknowledged that he was not entitled to any part of the moneys therein within mentioned the same having by mutual arrangement been transferred to Mr Barnes debit
And whereas by another Indenture dated the first day of April One thousand eight hundred and sixty two and made between the said Thomas Harvey of the one part and the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock of the other part
All that the Sale of the Mansion house lands and hereditaments situate in the Parishes of Wivenhoe and Elmstead aforesaid containing in the whole Thirty four Acres two roofs and ten perches or thereabouts and conveyed to uses for the benefit of the said Thomas Harvey by several Indentures one of which was dated the said twenty seventh day of July One thousand eight hundred and fifty nine and made between the said John Baillie Baillie and Edmund Round of the first part the said Thomas Harvey of the second part and the said John Bawtree of the third part and the other was dated the said thirteenth day of May One thousand eight hundred and sixty one and made between the said James Leman of the first part the said Georgina Ann Baillie Mary Elizabeth Piggott and Frances Amelia Duffield of the second part the said Thomas Harvey of the third part and the said John Bawtree the Younger of the fourth part
And all other the hereditaments described or comprised in the said Indenture or either of them Save and
Except such parts of the said hereditaments as were comprised in the said Particulars of Sale dated respectively the twenty fourth day of April One thousand eight hundred and fifty seven and the eighteenth day of July One thousand eight hundred and sixty one and delineated on the plans thereunto and to the now reciting Indenture annexed (but which excepted pieces did not include any of the land hereby conveyed) Were with their appurtenances granted released and conveyed unto the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock their Heirs and assigns
Subject as to a part thereof to the thereinbefore and hereinbefore recited Indenture of Mortgage for securing One thousand five hundred pounds and Interest of the twenty third day of May One thousand eight hundred and sixty one and as to the other part thereof to a mortgage for securing the sun of Three thousand one hundred and thirty one pounds thirteen shillings and four pence and Interest created by the therein and hereinbefore recited Indenture of the twenty third day of May One thousand eight hundred and sixty one
And also subject to the proviso for redemption and reconveyance thereof on payment by the said Thomas Harvey his heirs executors administrators or assigns on demand in writing either given to him or them or left at his usual or last known place of abode and signed by or on behalf of any one of the partners entitled to receive the same unto the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock or the survivor or survivors of them the executors administrators or assigns or their or his partner or partners of all sum and sums of money which should then be due or owing from the said Thomas Harvey Thomas Harvey the Younger and John Harvey or any or either of them in the balance of their or his account current or otherwise with the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock or the survivors of survivor of them his executors administrators and their or his partner or partners or other the person or persons for the time being constituting the firm of the said Banking house either for money paid or advanced to be paid or advanced by them or any of them unto the said Thomas Harvey Thomas Harvey the younger and John Harvey or any or either of them or at their or his request or which should be secured by any Bond Bill of Exchange or promissory note drawn indorsed (sic) made or accepted by the said Thomas Harvey Thomas Harvey the younger and John Harvey any of either of them or which should become due or be secured by any Bill of Sale of any ship or ships or upon any other Contract or in any other manner whatsoever with interest for the same respectively from the several times at which they respectively should be advanced or at which the said Bonds Bills Notes or other Contracts respectively should become due and thenceforth until payment thereof respectively at the rate of Five pounds per centum per annum
And the said Indenture now in recital contains a proviso and declaration that if default should be made in payment of such sum and sums of money as might be due as aforesaid contrary to the proviso thereinbefore contained
Then and in such case it should be lawful for the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock their executors administrators or assigns at any time or times thereafter and without the consent or concurrence of the said Thomas Harvey his heirs executors administrators or assigns to make sale and absolutely dispose of the said lands and hereditaments thereby granted and released and every or any part of the same with the appurtenances either together or in parcels and either by public auction or private contract or partly by public auction and partly by private contract as he or they should think fit and for such price or prices in money at the time of such sale could be reasonably obtained for the same and under and subject to such conditions or stipulations as to title or otherwise as he or they should deem expedient and with full liberty to buy in the said hereditaments and premises or any of them or any part thereof and to rescind or vary the terms or conditions of any contract or contracts for the sale of the same and to resell the hereditaments and premises which should be so bought in or the Contract or Contracts for the sale of which should be abandoned as aforesaid either by public or private sale as they or he should think best without any liability to answer for any loss or diminution in price which should be the consequence of so doing
And to convey and assure the said hereditaments when sold unto the purchaser or purchasers thereof his her or their heirs and assigns or as he or they should direct
And it was thereby agreed that the purchaser or purchasers of the said hereditaments or any part thereof should not be obliged to see to the application or be answerable or accountable for the misapplication or non application of the said purchase money for the same or any part thereof nor be obliged to ascertain or enquire into the necessity or regularity of any such sale or sales
And that every receipt which should be given for the said purchase money or any part thereof by the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock or the survivors or survivor of them or the heirs executors or administrators of such survivor should to all intents and purposes be a good and sufficient acquittance and discharge for the sum or sums of money which should thereinbe expressed to have been received
And the said Indenture now in recital contains a proviso that not more than Five thousand pounds principal money should be ultimately recoverable under these presents
And whereas by another Indenture dated the first day of November One thousand eight hundred and sixty four and made between the said Edward Smith and John Stuck Barnes of the one part and the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock of the other part
After writing the hereinbefore recited mortgage to the said Edward Smith and John Stuck Barnes of the twenty third day of May One thousand eight hundred and sixty one
And that there was then due therein the sum of Five hundred pounds only as the said Edward Smith and John Stuck Barnes did thereby acknowledge and they having occasion for the same the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock had agreed to pay them that amount on having a transfer of the said mortgage security in manner thereinafter contained
It is witnessed that in consideration of the sum of Five hundred pounds then paid by John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock ti the said Edward Smith and John Stuck Barnes they
The said Edward Smith and John Stuck Barnes
Did grant release and convey unto the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock and their heirs
All and singular the lands and hereditaments described and comprised in the therein and hereinbefore recited Mortgage to the said Edward Smith and John Stuck Barnes of the twenty third day of May One thousand eight hundred and sixty one
To hold the same with the appurtenances unto and To the use of the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock their heirs and assigns
Subject nevertheless to such equity of redemption as the said premises might then be subject to under the therein and hereinbefore recited Indenture but with the power of Sale and other the powers contained in the same Indenture
And it is by the now reciting Indenture further witnessed that for the consideration aforesaid
They the said Edward Smith and John Stuck Barnes did assign transfer and deliver unto the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock their executors administrators and assigns
All that the said sum of Five hundred pounds then due on the aforesaid mortgage
And all future interest in respect thereof To hold unto the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock their executors administrators and assigns absolutely
And for the more effectually enabling the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock their executors administrators and assigns to obtain the full benefit of that assignment the said Edward Smith and John Stuck Barnes
Did appoint the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock their executors administrators and assigns their Attornies in the name of the said Edward Smith and John Stuck Barnes to recover and receive of and from the said Thomas Harvey his heirs executors or administrators the said sum of Five hundred pounds and all future interest in respect thereof the said Edward Smith and John Stuck Barnes thereby ratifying and confirming and agreeing to ratify and confirm whatsoever the said Attornies should do or cause to be done in the premises
And whereas by a Deed Poll dated the twelfth day of February One thousand eight hundred and sixty four? under the hand and seal of the said Thomas Harvey he the said Thomas Harvey relinquished and waived all demands and notices directed to be made or given in and amongst other Indentures the several hereinbefore recited Indentures of the twenty third day of May One thousand eight hundred and sixty one the hereinbefore recited Indenture of the thirty first day of March One thousand eight hundred and sixty two and the first day of April One thousand eight hundred and sixty two previously to any exercise of the powers of sale or other powers in the said Indentures or any of them contained
And he declared that the respective mortgages in the said Indenture mentioned might forthwith or at any time thereafter the respective powers of sale and other powers in the said several Indentures or any of them mentioned in the same manner as if such demands had been made and notice given and the time mentioned in the said Indentures or any of them had expired
And whereas [crossed out and replace by unclear comment] the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock in pursuance and exercise of all powers or authorities given to or vested in them for that purpose by the several hereinbefore recited Indentures of Mortgage and Deed Poll have contracted and agreed with the said Nicholas Caesar Corsellis for the absolute sale to him of the freehold cottages land hereditaments and premises thereinafter described and intended to be hereby executed and conveyed (being parts of the lands and hereditaments described and comprised in thereinbefore recited Indentures of Mortgage) and the inheritance thereupon in fee simple in possession free from all incumbrances at or for the price or sum of Three thousand and twenty pounds …….. out of which it hath been agreed that the said sum of eight hundred pounds now due to the said John Stuck Barnes upon the security of part of the same hereditaments and premises shall be paid and that they the said a John Stuck Barnes and William Alfred Neck shall join in these presents in manner thereinafter appearing
Now this Indenture witnesseth that in pursuance and performance of the said recited agreement and in consideration of the sum of Two thousand two hundred and twenty pounds sterling in hand now paid by the said Nicholas Caesar Corsellis to the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock part of the said sum of Three thousand and twenty pounds [gap] the aforesaid purchase money the receipt whereof and that the same so far as regards the said land and hereditaments hereby granted and conveyed or intended so to be is in full exoneration thereof from all principal and interest monies secured to them by the hereinbefore recited Indentures of the twenty third day of a May One thousand eight hundred and sixty one the first day of April One thousand eight hundred and sixty two and the first day of November One thousand eight hundred and sixty four the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock do hereby respectively acknowledge and from the same and every part thereof
Do hereby respectively acquit release and for ever discharge the said Nicholas Caesar Corsellis his heirs executors administrators and assigns
And also in consideration of the sum of eight hundred pounds sterling to the said John Stuck Barnes (residue of the aforesaid purchase money or sum of Three thousand and twenty pounds) [gap…] in hand and now paid by the said Nicholas Caesar Corsellis at the request and by the direction of the said William Alfred Neck and also of the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock (testified by their being parties to and executing these presents) in full of all principal and interest monies due and owing to the said John Stuck Barnes upon or by virtue of his hereinbefore recited security (the receipt of which said sum of Eight hundred pounds the said John Stuck Barnes doth hereby acknowledge)
They the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock
Do and each of them Doth by these presents grant release and convey And the said John Stuck Barnes and William Alfred Neck Do and each of them Doth grant release convey and confirm unto the said Nicholas Caesar Corsellis and his heirs
All that piece or parcel of land formerly divided into three pieces and now laid into one piece with the cottages standing thereon at the north west corner containing by admeasurement Ten acres two roods and twenty perches situate
In the said parish of Wivenhoe and numbered 243, 244, 262 on the Tythe Commutation Map of the said parish of Wivenhoe [as shown on the image to the right, south east of The Cross, and to the east of Rectory Road] and the said cottages are now in the occupation of [blank] and the said land is held by [blank] Abbott
And also All those two pieces or parcels of land situate in the said parish of Wivenhoe and containing together by a recent admeasurement thirteen acres one rood and twenty eight perches part whereof was in the occupation of Solomon Went and the other part is in the occupation of [blank] Abbott and was numbered respectively 292 and 293 on the said Tythe Commutation Map of the said parish of Wivenhoe [as shown on the image to the left on what is now Belle Vue Rd]
And also All that piece or parcel of land on ground situate in the parish of Elmstead in the said County of Essex containing by admeasurement four acres two roods and thirty perches abutting North on land of the said Nicholas Caesar Corsellis South upon the new road there called Queens Road East upon the road or land leading to the Ballast Quay Farm belonging to the said Nicholas Caesar Corsellis and West upon the strip of land next hereinafter described and coloured pink on the plan delineated in the last skin of these presents
And also All that strip of land or ground of the width of six feet situate in the said parish of Wivenhoe abutting east on the Brook there west on land belonging respectively to Charles Heath Henry Sandford S. N. Squires and John Green Chamberlain North on land of the said Nicholas Caesar Corsellis and South on the said road called the Queens Road
And also the strip of land on the brook thereof the width of eight feet coloured Blue on the plan
All which said premises hereby conveyed and delineated on the map or plan drawn on the last skin of these presents and therein coloured green pink and blue
Together with all hedges ditches trees fences ways waters and watercourses liberties privileges easements advantages and appurtenances whatsoever to the said lands and hereditaments or any of them appertaining or with the same or any of them now or heretofore demised occupied or enjoyed or reported or known as part or parcel of them or any of them or appurtenances thereto and particularly a right of way and passage for horses carts and carriages at all times over and across all the roads delineated on the said plan
And the reversion and reversions remainder and remainders yearly and other rents issues and profits thereof
And all the estate right title interest property claim and demand whatsoever of them the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock John Stuck Barnes and William Alfred Neck respectively therein or thereto
To have and to hold the said cottages pieces or parcels of land hereditaments and premises hereby granted or intended so to be with their appurtenances unto the said Nicholas Caesar Corsellis and his heirs
To the use of the said Nicholas Caesar Corsellis his heirs and assigns for ever Freed and absolutely discharged of and from all principal interest and other monies secured to the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock John Stuck Barnes and William Alfred Neck by the hereinbefore recited Indentures of Mortgage or any other securities
And the said Nicholas Caesar Corsellis Doth hereby declare that his widow (if any) shall not be entitled to dower in to or out of the said lands and hereditaments hereby granted and conveyed or intended so to be or any part thereof
And each of them the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock John Stuck Barnes and William Alfred Neck
Doth hereby for himself his heirs executors and administrators covenant with the said Nicholas Caesar Corsellis his heirs and assigns
That they the said covenanting parties have not nor hath any or either of them at any time heretofore made done committed or executed or willingly permitted or suffered any act deed matter of thing whatever whereby or by means whereof the said cottages lands hereditaments and premises hereby granted and conveyed or intended so to be or any part thereof are is can shall or may be in anywise impeached charged affected or incumbered in title charge estate or otherwise howsoever or whereby or by reason or means whereof the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock John Stuck Barnes and William Alfred Neck are in anywise prevented or hindered from granting the same hereditaments and premises or any of them
To the use and in manner aforesaid according to the true intent and meaning of these presents
And each of them the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock John Stuck Barnes and William Alfred Neck so far as relates to their respective acts and so as to bind themselves and their representatives only while having the custody of the deeds and writings hereby covenanted to be produced and so far as practicable to bind such deeds and writings into whomsoever hands the same may come and not so as to bind themselves or their representatives or to incur any liability in relation thereto further or otherwise doth hereby for himself his heirs executors and administrators
Covenant with the said Nicholas Caesar Corsellis his heirs and assigns that they the said covenanting parties or some or one of them their or some or one of their heirs executors or administrators will upon every reasonable request in writing of the said Nicholas Caesar Corsellis his heirs of assigns (at the cost of the person or persons requiring the same) produce and show to him or them or to such person or persons as he or they may require the deeds and writings so far as relate to the covenant of the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock to those specified in the first schedule hereunder
Written and so far as relates to the covenant of the said John Stuck Barnes and William Alfred Neck to the deed specified in the second schedule hereunder written for the manifestation defence and support of the title of the said Nicholas Caesar Corsellis his heirs or assigns to the said cottages lands and hereditaments hereby granted and conveyed or intended so to be
And shall and will at all times at the request and costs of the said Nicholas Caesar Corsellis his heirs or assigns make and furnish to him or them such true copies attested or unattested or abstracts or extracts of or from all or any of the same deeds and writings as he or they may require
And will in the meantime keep the same deeds and writings save uncancelled and undefaced unless prevented from so doing by fire or other inevitable accident
And the said Nicholas Caesar Corsellis for himself his heirs and assigns doth hereby covenant with the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock their heirs and assigns
That he the said Nicholas Caesar Corsellis his heirs or assigns will fence in the piece of land secondly hereinbefore described on the south side thereof and also the piece of land situate in the parish of Elmstead on the south side and keep the same fences at all times hereafter in good repair and proper state of repair
In witness thereof the said parties to these presents have hereunto set their hands and seal the day and year first written
The first Schedule hereinbefore referred to
27th July 1859
Indenture made 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 the said Thomas Harvey of the second part and the said John Bawtree the younger of the third part
13th May 1861
Indenture made between James Simon of Number 51 Lincolns Inn Fields in the County of Middlesex Esquire of the first part Georgina Anne Baillie the wife of John Frederick Baillie of Lets Castle aforesaid Esquire Mary Elizabeth Piggott of the same place Spinster and Frances Amelia Duffield the wife of the Reverend Matthew Dawson Duffield of Stebbing in the said County of Essex Clerk in the second part the said Thomas Harvey of the third part and the said John Bawtree the younger of the fourth part
23rd May 1861
The hereinbefore recited Indenture of this date made between the said Thomas Harvey of the one part and the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock of the other part
Same date
The hereinbefore recited Indenture of this date made between the said Thomas Harvey of the one part Edward Smith and John Stuck Barnes of the other part
1st April 1862
The hereinbefore recited Indenture of this date
12th February 1864
The hereinbefore recited Indenture of this date
1st November 1864
The hereinbefore recited Indenture of this date
The second Schedule hereinbefore referred to
3rd March 1862
The hereinbefore recited Indenture of this date
Received the day and year first within written from the within named Nicholas Caesar Corsellis the sum of five thousand two hundred and twenty pounds being the consideration money within expressed to be paid by him to us
John Bawtree
George Henry Errington
John Bawtree the younger
Jeremiah Haddock
Witness
Edward Machin
Received the day and year first within written from the within named Nicholas Caesar Corsellis the sum of eight hundred pounds being the consideration money within expressed to be paid by him to me
J S Barnes
George Lay
Signed sealed and delivered by the within named Nicholas Caesar Corsellis in the presence of
J? Lee
Clerk to Mssrs Barnes Solicitor Colchester
Signed sealed and delivered by the within named John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock
[Transcribed by Pat Marsden May 2020. 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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