1806 - Merry to Moore

by Wendy Snarey

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Dated 10th October 1806

Mr William Merry (by the direction of Mr William Moore) to Mr Edward Moore –
Feoffment and appointment of a Messuage and Premises in Tewkesbury to certain uses therein mentioned
Indenture of and from the within named William Moore the sum of       )
Five Hundred and Twenty Pounds being the full consideration money )  £520
within mentioned to be paid by him to me. As witness my hand            )

William Merry 
  • Witness hereto
  • John Stephens
  • John Stephens junr
Be it remembered that on the day of the date of the within written Indenture peaceable and quiet possession livery and seizing of the within granted and enfeoffed premises was and were given and delivered by the within named William Merry unto the within also named Edward Moore. To be held unto the said Edward Moore his Heirs and Assigns to the several uses within mentioned according to the form and effect of the within written Indenture In the presence of us
  • John Stephens
  • John Stephens junr
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This Indenture of three parts made 10th October in the 46th year of the reign of our sovereign Lord George III by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith. And in the year of Our Lord 1806 between:-
  1. William Merry of Tewkesbury in the County of Gloucester yeoman
  2. William Moore of the same place wine merchant
  3. Edward Moore of the same place hosier (a Trustee nominated by and on the part and behalf of the said William Moore)

Witnesseth that for and in consideration of the sum of £520 of good and lawful money of the said United Kingdom current in England to the said William Merry in hand well and truly paid by the said William Moore at or before the sealing and delivery of these presents

- the receipt whereof the said William Merry doth hereby acknowledge and thereof and therefrom doth acquit release and discharge the said William Moore his heirs executors administrators and assigns and every of them forever by these presents and also in consideration of the sum of ten shillings of the like lawful money to the said William Merry in hand paid by the said Edward Moore at the time of the execution hereof - The receipt whereof is hereby likewise acknowledged. He the said William Merry (In pursuance and by virtue of the power and authority vested in him in and – By a certain Indenture of Release of Four Parts bearing date 12th November in the year of Our Lord 1791 and made between:
  1. John Mann of Tewkesbury aforesaid fisherman
  2. Samuel Mew of the same place stay maker and Elizabeth his wife (by her description therein)
  3. The said William Merry
  4. George Dumble of Tewkesbury aforesaid baker
And of all other powers and authoritys whatsoever in him vested or enabling him in this behalf and in exercise and execution thereof) Hath (at the request and by the direction of the said William Moore testified by his execution of these presents) granted bargained sold aliened enfeoffed confirmed directed limited and appointed.
 
And by these presents by him the said William Merry duly sealed and delivered in the presence of and attested by the two persons whose names are hereupon indorsed as Witnesses attesting the execution hereof Doth grant bargain sell alien enfeoff confirm and direct limit and appoint unto the said Edward Moore his heirs and assigns. 

ALL THAT MESSUAGE or Tenement situate and being in a certain street called the High Street otherwise the Oldbury Street in Tewkesbury aforesaid sometime used as an Inn and 

called the Wheatsheaf then in the occupation of John Clifton afterwards called or known by the name of the Yellow Lion and occupied by John Baylis and William Pye but now again called or known by the name of the Wheatsheaf heretofore in the occupation of the said William Merry late of Mary Bonnewell but now of William Finch as tenant thereof – 

Having a Messuage or Tenement heretofore in the occupation of Andrew Lawrence butcher but now of John Dick linen draper on one side

and a Messuage or Tenement formerly in the occupation of Sarah Face afterwards of John Turner and Samuel Turner butchers late of Richard Heath but now of William Weare carpenter on the other side thereof. 

And Also all that Malthouse Barn Stable and Garden adjoining to the first mentioned Messuage or Tenement and occupied therewith – All which said Messuage or Tenement Malthouse Barn Stable and Garden hereditaments and premises intended to be hereby granted and enfeoffed were lately bought and purchased by the said William Merry of and from the said Samuel Mew and Elizabeth his wife and are the same premises comprised in the Indenture of Release hereinbefore mentioned.

Together with all houses outhouses edifices buildings courts yards gardens ways waters watercourses hedges ditches trees mounds fences commons Common of Pasture Easements Privileges Advantages and Appurtenances whatsoever to the said Messuage or Tenement Malthouse Barn Stable Garden hereditaments and premises hereby granted enfeoffed limited and appointed or intended so to be belonging or in any wise appertaining or to or with the same or any part thereof usually and of right held occupied or enjoyed or accepted reputed deemed taken or known as part parcel or member thereof or appurtenant thereunto.

And the Reversion and Reversions and remainder and remainders, Rents Issues and Profits of all and singular the same premises.

And also all estate right title interest use trust possession benefit property claim and demand whatsoever both at Law and in Equity of the said William Merry of in or to the said premises.

And all Deeds Evidences and Writings relating to the title of the said premises now in the custody or power of the said William Merry or which He can of may come by without Suit at Law or in Equity –

To Have and to Hold the said Messuage or Tenement Malthouse Barn Stable Garden Hereditaments and all and singular other the premises hereby granted enfeoffed limited and appointed or mentioned and intended so to be with their and every of their appurtenances unto the said Edward Moore his heirs and assigns to for and upon the several uses estates ends intents and purposes hereinafter limited expressed and declared (that is to say) –

To the use of such person and persons and for such  Estate and Estates Interest and Interests and in such parts shares and proportions manner and form and under and subject to such Powers Provisos Conditions Limitations Directions Declarations and Appointments as the said William Moore shall at any time or times hereafter by any Deed or Deeds Instrument or Instruments in writing to be by him under his hand and seal duly executed in the presence of and attested by two or more credible witnesses - or by his last Will and Testament in writing or any writing purporting to be or in the nature of his last Will and Testament to be by him duly signed sealed and published and declared in the presence of and attested by Three or more credible witnesses grant release or convey limit direct or appoint Give or Devise the same

And for want or in default of such grant release conveyance limitation Direction or appointment Gift or devise or in any case any such shall be made then subject thereto and when and as soon as the estate or estates Interest or Interests thereby created limited or appointed shall respectively end and determine

And as To such part or parts of the said Messuage or Tenement Malthouse Barn Stable Garden Hereditaments and Premises of which no Grant Release or Conveyance Limitation Direction or appointment gift or devise shall be made - To the use of the said William Moore and his assigns during the term of his natural life without impeachment of waste. And From and after determination of that estate by any means in his life time - To the use of the said Edward Moore and his heirs during the natural life of the said William Moore - In Trust nevertheless for the said William Moore and his assigns and from immediately after the determination of the estate so limited in use to the said Edward Moore and his heirs during the natural life of the said William Moore - To the only proper use and behoof of the said William Moore his heirs and assigns forever and to for and upon none other use estate and intent or purpose whatsoever.

And the said William Merry doth hereby for himself his heirs executors and administrators Covenant Promise and agree to and with the said William Moore his heirs appointees and assigns in manner following (that is to say)

That he the said William Merry now at the time of the sealing and delivery of these presents is and standeth lawfully rightfully and absolutely seized in his Demesne as of fee of the said Messuage or Tenement Malthouse Barn Stable Garden Hereditaments and Premises hereby granted enfeoffed limited and appointed with their appurtenances of a good sure perfect lawful absolute and undefeizable estate of inheritance in fee simple without any manner of condition mortgage Limitation of use or uses or any other restraint matter cause or thing whatsoever to alter change charge revoke make void lessen incumber or determine the same. And now hath in himself good right full power and lawful and absolute authority To Grant Enfeoff Convey Direct Limit and appoint the same Premises with their appurtenances unto the said Edward Moore his heirs and assigns to the uses and in manner and form aforesaid

And that the said Messuage or Tenement Malthouse Barn Stable and Garden Hereditaments and Premises hereby granted enfeoffed limited and appointed or intended so to be with their Appurtenances shall at all times hereafter remain continue and be unto the said Edward Moore his heirs and assigns to the uses hereinbefore mentioned and shall and may be peaceably and quietly held and enjoyed accordingly without any let suit denial molestation or interruption whatsoever of or by the said William Merry his Heirs or Assigns or of or by any other person or persons whomsoever lawfully claiming the said premises or any part thereof.

And that free and clear and freely and clearly acquitted exonerated and discharged or otherwise by the said William Merry his Heirs Executors or Administrators well and sufficiently saved harmless and kept indemnified of from and against all and all manner of former and other gifts grants bargains sales leases mortgages jointures dowers right and title of Dower Entails Issues Rents and Arrears of Rents and arrears  of Rent Statutes Recognizances Judgements Executions Elegits Extents Outlawries Wills Legacies and all other Titles Charges and Incumbrances whatsoever

And further that he the said William Merry and his heirs and all and every other person and persons whomsoever having or lawfully claiming or who shall or may have or lawfully claim any Estate right title or interest of in to or out of the said Messuage or Tenement Malthouse Barn Stable Garden Hereditaments and Premises herby granted enfeoffed limited and appointed or any part thereof by from or under him or them shall and will from time to time and at all times hereafter at the request costs and charges of the said William Moore his heirs appointees and assigns make do acknowledge levy suffer and execute or cause and procure to be made done acknowledged levied suffered and executed all and every such further and other lawful and reasonable Acts Deeds Conveyances and Assurances in the Law whatsoever for the further better more perfect and absolute granting conveying and assuring directing limiting and appointing the said Messuage or Tenement Malthouse Bran Stable Garden Hereditaments and Premises hereby granted enfeoffed limited and appointed or intended so to be and every part and parcel thereof with their and every of their Appurtenances unto the said Edward Moore his heirs and assigns to the uses hereinbefore mentioned as by the said William Moore his Heirs and Appointees and Assigns or his or their Counsel learned in the Law shall be lawfully and reasonably devised or advised and required In Witness whereof the said Parties to these presents have hereunto set their Hands and Seals the day and year first above written

Signed – William Merry, William Moore

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