Deed for Sale of Cottages in Wivenhoe 1857

Trustees for William Todd - Thomas Harvey, Shipbuilder and Carpenter. Thomas Sanford, Gentleman and Oyster Merchant

Transcribed by Frances Belsham

Deeds are generally written without any puctuation or abbreviations. There is often alternative spelling of some words and using upper case letters which do not always mean the start of a new sentence. Neither are they divided into paragraphs but are continuous lines of writing This can make documents difficult to read or understand.

This post shows the Deed exactly as it was written with no attempt to break it down into paragraphs. Done in this way it shows exactly how the original document is written. As the documents are very large each line of writing in the document sometimes takes up two lines when it is transcribed in to the web site.

But for ease of understanding, I have also summarised the contents.

Summary

Following the death of William Todd and his legatees, Mary his wife and brother Joseph Todd, the properties were put up for public auction. They comprised 3 cottages described as being situate on the East side of the road entering Wivenhoe and adjoining the North side of the gateway leading to the back of the public house called the Greyhound.

There are references to the need for there always to be a right of way leading to the High St and also giving access to the Well near the cottages.

The highest bidder and purchaser was John Harvey. He bought the Lots for a total of £320.

 

The Trustees under the Will                                                                     CONVEYANCE

of the late                                                                                           of several messuages or

Mr William Todd                                                                                     tenements Garden Ground

to                                                                                                        and premises at Wivenhoe in

Mr John Harvey                                                                                     the County of Essex

 

This Indenture made the seventh day of February One thousand eight hundred and fifty seven Between Thomas

Harvey of Wivenhoe in the County of Essex Ship Builder and Carpenter and Thomas Sanford of the

same place Gentleman late an Oyster Merchant ( trustees for sale named in and appointed by the last will and testement

of William Todd late of Wivenhoe aforesaid Carpenter deceased of the on part and John Harvey of Wivenhoe aforesaid

Shipbuilder and a bachelor of the other part Whereas the said William Todd by his last Will and testement writing

dated the first day of August one thousand eight hundred and thirty three executed and attested as was then required by law for

passing the estate Gave and devised unto his Wife Mary Todd and her assigns for and during her natural life ( All those his

 

the said testators freehold messuages or tenements with the appurtenances situate in Wivenhoe aforesaid next or near the road leading from WivenhoeChurch towards Wivenhoe Hall which premises  he formerly purchased of Edward

Sage and were then in the occupation of him the said testator Thomas

Jaggard  Dodds the widow Cridge Joseph Chiswick Sarah Bacon and the widow Harvey And the said testator thereby also gave and devised unto his brother Joseph Todd for and during his natural life Certain other premises in his said Will mentioned And from and after the decease of one of them the said Mary Todd and the said Joseph Todd the said testator gave and

devised the said messuages or tenements and premises devised to him or her so dying unto the survivor of them for and during his or her natural life And from and immediately after the decease of the survivor of them the said

Mary Todd and the said Joseph Todd the said testator thereby gave and devised All and every the several messages or tenements hereditaments and other the premises with the appurtenances so to them the said  Mary Todd and oseph Todd respectively devised for the lives of them and the survivor of them as aforesaid unto the said Thomas Harvey and Thomas Sanford and their heirs Upon trust that they did and should as soon as conveniently might be after the decease of the survivor of them the said Mary Todd and Joseph Todd absolutely sell and dispose thereof by public auction or private contract and together or in lots as they might think fit

but for the most money that could be obtained for the same And the said testator thereby declared that the Receipt and Receipts of the said

Thomas Harvey and Thomas Sanford should be a good and sufficient discharge and

good and sufficient discharges to the purchaser or purchasers of his said premises so dictated to be sold as aforesaid for his her and their purchase money and that such purchases and purchases should not be bound to

see to the application thereof or any part thing And of the said Will the said testator appointed his said wife Mary Todd and his said brother Joseph Todd Executor and Executors And whereas the said testator William Todd departed this life on the twenty ninth day of September in the year one thousand eight hundred and thirty three without having altered or revoked his said in part dated Will leaving his said wife Mary

Todd

 

and his brother Joseph Todd him surviving And whereas the said Will of the said William Todd was duly proved by the said Mary Todd and Joseph

Todd as such Executor and

Executor as aforesaid in the Archdeaconry Court of Colchester on the fifth day of March one thousand eight hundred and thirty four And whereas the said testators brother Joseph

Todd departed this life on the tenth day of February one thousand eight hundred and thirty eight leaving the said mary Todd the testators Widow him surviving and which said Mary

Todd died on the sixteenth day of November last and the said Joseph Todd and Mary Todd were both buried in the churchyard of the parish of Wivenhoe aforesaid And whereas

the said Thomas Harvey and Thomas Sanford as such trustees of the said Will of the said testator William Todd and under the power and authority therein contained caused his Real

Estate to be put up to sale by public auction at the Falcon Inn in Wivenhoe aforesaid on the twenty ninth day of December last in Lots at which sale the said John Harvey attended and

was the highest bidder for and purchaser of the said messuages or tenements garden ground hereditaments and premises hereinafter described and intended to be hereby granted and released

with their appurtenances being Lots 2 and 3 of such sale at or for the several sums of one hundred and ninety pounds and one hundred and thirty pounds making together

the sum of three hundred and twenty pounds Now this Indenture witnesseth that in pursuance of the said sale and in consideration of the sum of three hundred

and twenty pounds of lawful money of Great Britain to the said Thomas Harvey and Thomas Sanford as such trustees as aforesaid in hand well and truely paid by the said

John Harvey at or immediately before the sealing and delivery of these presents the receipt nwhereof they the said Thomas Harvey and Thomas Sanford do hereby respectively acknowledge

and that the same is in full for the absolute purchase of the said messuages or tenements garden ground and hereditaments intended to be hereby conveyed with their appurtenances

and the inheritance thereof in possession free from incumberances ( the landtax thereon having been redeemed and of and from the same and every part thereof do and each of them

doth acquit release and forever discharge the said John harvey his heirs executors administrators and assigns and every of them for ever by these presents They the said

Thomas Harvey and Thomas Sanford Do and each of them Doth by these presents grant and release unto the said John Harvey and his heirs All those three Cottages or

tenements lying together with gardens in front situate on the East side of the road or highway entering Wivenhoe and adjoining the North side of the Gateway leading to the back of the

public house called the Greyhound As the same about towards the North on other premises formerly belonging to the said William Todd and recently sold to John Pratt towards the east

on the piece of land or garden ground next hereinafter described and and towards the West on the said highway As the said premises contain in front from North to South by estimation thirty

eight feet or thereabouts Subject however and always reserved to the tenants and occupiers for the time being of the Cottage and premises belonging to the said John Pratt now occupied by the

Widow Heard situate and adjoining to the North end of the Cottages hereby intended to be Conveyed an uninterrupted Eight of way and passage at all times of at least four feet

wide over the North end of the ground now a garden in front of the

Cottages hereby intended to be conveyed from the said Cottage of the said John Pratt now occupied by the said Widow Heard for passing and repassing to and from the High Road Together with all houses outhouses and buildings yards gardens well of water way and other appurtenances to the said premises belonging and

particularly a right of way and passage at all times for the tenants and occupiers of the said cottages or tenements intended to be hereby conveyed from the back part thereof to from and over a ten feet way or entrance at the North end of the premises recently sold to the said John Pratt as aforesaid leading to and from the High Road there Subject to the right of the tenants and occupiers of all and

singular the premises adjoining late the property of the said William Todd and now belonging to the said John Pratt as aforesaid of have and taking water at all times at the said Well

on bearing and paying one half part of the expense of keeping the same and the going gear thereof in repair All which said several Cottages and premises hereinbefore described and intended

to be hereby conveyed were formerly in the several tenures or occupations of the said testator William Todd and of Joseph Sarah Bacon and the Widow

Harvey some or one of them and

 

lately were in the several occupations of the said Mary Todd ( now deceased ) the Widow harvey and William Woods And also all that piece or parcel of Land or Garden ground lying at the backof and adjoining to the said last described premisesand measuring from East to West twenty six yards and from North to South twenty six yards or thereabouts lately occupied as Gardens to the before described Cottages and to other houses sold to

the said John Pratt as aforesaid together with a right of way at all times of ten feet wide along the North side of the premises sold to the said John Pratt as aforesaid to and from the High Road As the said piece of land or

garden ground abuts towards the North on premises belonging to John Smith On the East on premises lately belonging to William Brummel Esquire and now to the said Thomas Harvey On the South on premises now or lately belonging to Edward Sanford and on the West in part on the Cottages gardens and premises firstly hereinbefore described and in other part on the premises sold to the said John Pratt as aforesaid And all which said premises

intended to be hereby Conveyed are more particularly delineated and described in the plan or ground plot thereof drawn in the margin of these presents and the same ( with the said premises adjoining sold to the said

John

Pratt were conveyed and assured to the said testator William Todd by Edward Sage Esquire in and by certain Indentures of Lease and Release dated respectively the twenty fourth and twenty fifth days of March one thousand eight hundred and one And the reversion and reversions remainder and remainders yearly and other rents issues and profits thereof And all the Estate right title interest inheritance trust property possession claim

and demand whatsoever of themthe saidThomas Harvey and Thomas Sanford and each of them under or by virtue of the said hereinbefore in part dated Will of the said William Todd or otherwise heresoever of into or out of the same premises and every or any part or parcel thereof To give and to hold the said messuages or tenements garden ground hereditaments and all and singular other the premises hereinbefore mentioned and

described and hereby granted and released or intended so to be with their appurtenances unto the said John Harvey and his heirs To the use of the said John Harvey his heirs and assigns absolutely and for ever And each of them the said Thomas Harvey and Thomas Sanford for himself and for his own heirs executors and administrators acts and deeds only and not the one for the other of themor for the heirs executors administrators acts

or deeds of the other of them doth covenant promise and declare with and to the said John Harvey his heirs and assigns manner following that is to say that they the said Thomas Harvey and Thomas Sanford have not nor  hath either of them at any time or times heretofore made done committed or wittingly or willingly suffered any act deed matter or thing whatsoever whereby reason means whereof the said messuages or tenements garden

ground hereditaments and premises hereinbefore described and granted and released or intended so to be with their appurtenances or any part thereof are is can shall or may  be in anywise surrendered impeached charged or incumbered

in title charge estate or otherwise howsoever In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

Signed       Thomas Harvey                           Thomas Sanford                          John Harvey

This page was added on 29/03/2020.

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