1841 - Abstract of Title

Front Cover:-

Abstract of Title to Lot 5 part 1

• W. Hawkley
• Bird and Holland Tewkesbury and Upton

PAGE 1 - Abstract of Title to Lot 5 part 1

10^th October 1806

Indenture of Feoffment (with Livery of Seizin indorsed) of this date between

1. William Merry of Tewkesbury
2. William Moore of the same place
3. Edward Moore of the same place

It is witnessed that in consideration of £520 to said William Merry paid by said William Moore (receipt acknowledged) and in consideration of 10s-0d to said William Merry paid by Edward Moore (receipt acknowledged)

He the said William Merry in pursuance and by virtue of the power and authority vested in him in a certain Indenture of Release dated 12^th November 1791 between

1. John Mann of Tewkesbury fisherman
2. Samuel Mew of the same place stay maker and Elizabeth his wife
3. Said William Merry
4. George Dumble of Tewkesbury baker

And all other powers etc and in execution thereof (at the request etc of said William Moore testified etc by the abstracted Indenture by him executed in the presence of attested by the two persons whose names were indorsed as Witnesses Did grant bargain sell alien enfeoff confirm direct limit and appoint unto said Edward Moore his heirs and aforesaid inter alia

All that Messuage or Tenement situate in a street called High Street otherwise the Oldbury Street in Tewkesbury aforesaid used as an Inn and called the Wheatsheaf then in the occupation of John Clifton afterwards called The Yellow Lion and occupied by John Baylis and William Pye but the again called the Wheatsheaf theretofore in the occupation of William Merry then late of Mary Bonnewell widow but then of William Finch as tenant thereof having

A Messuage theretofore in the occupation of Andrew Lawrence butcher but then of John Dick linen draper on one side

A Messuage formerly in the occupation of Sarah Face afterwards of John Turner and Samuel Turner butchers and then late of Richard Heath but then of William Weare carpenter on the other side thereof

Together with all the houses etc – Reversions etc – Deeds etc To hold unto said Edward Moore his heirs and assigns To the use of such person or 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 considerations limitations Directions Declarations and Appointments as said William Moore should at any time or times thereafter by any Deed or Deeds

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Instrument or Instruments in writing to be by him under his hand and seal duly executed in the presence of and attested by 2 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 Will and Testament to be by him duly signed sealed and published and declared in the presence of and attested by 3 or more credible witnesses grant release or convey limit direct or appoint give or devise the same …………… Remainder To the use of said William Moore and his assigns during life sans waste ……… Remainder To the use of said Edward Moore and his heirs during the life of said William Moore in Trust nevertheless fore said William Moore and his assigns with …….. Remainder To the use of said William Moore his heirs and assigns forever

Absolute Covenants by said William Merry that he was lawfully seized
Had good right to convey
For quiet enjoyment
Free from incumbrances…… and for further assurance
Executed By said William Moore; and William Merry attested by 2 Witnesses and receipt for consideration money endorsed

9^th September 1815

Probate Copy Will of said William Moore whereby (inter alia) after directing all his just debts and funeral and testamentary expenses to be paid out of his personal estate and if that should be insufficient he charged all his real estate with the payment thereofHe bequeathed unto his said wife Mary Moore £300 to be paid within 3 months after his decease

• To his daughter Ann the wife of Thomas Andrew Holland gent - £100
• To his daughter Mary Moore - £600 which said last legacies to his daughters were to be paid within 3 months after his decease
• To his sister Ann Adams - £50
• To his sister Rebecca Moore - £25
• To his sister Frances Moore - £25

Which said three legacies to his sisters were to be paid within 12 months after his decease

And to his friends Henry Fowke of Tewkesbury aforesaid esquire and Edmund Warden Jones of the same place gent two sums of £1500 and interest from his decease

As to one sum and its interest IN TRUST for the separate benefit of said Ann Holland during her life and after her decease for the benefit of any surviving husband of her and after his decease for the benefit of her children and in default of children to be divided between his (Testators) son John Moore and his daughter said Mary Moore

And as to the said sum and its interest IN TRUST for the separate benefit of his daughter said Mary Moore during her life and after her decease for the benefit of any husband whom she might marry and who should survive her

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And after his decease for the benefit of her children and in default of children to be divided between his (Testators) son John and daughter Ann Holland

And said Testator gave demised and bequeathed unto his said wife Mary Moore certain Freehold Messuages in Tewkesbury aforesaid called The Hop Pole Inn and Hop Pole Tap and a certain leasehold Messuage adjoining the churchyard of Tewkesbury aforesaid

And also a Leasehold Cottage adjoining to the same To hold the same unto his said wife Mary Moore for her life for her own use and after her decease - He (testator) gave devised and bequeathed the same unto and to the use of said John Moore his heirs, executors administrators and assigns forever according to the nature of said estates Subject also to the payment of the sum of £1000 which Testator thereby directed to be paid by his said son John Moore unto said Henry Fowke and Edmund Warden Jones or the survivor of them their executors or administrators within 6 calendar months next after the decease of his said wife with interest at £5 per cent per annum from her death to the time of payment

To hold to them upon the same trusts for the same purposes in all respects as were therein declared concerning said £1500 given and bequeathed to said Trustees

Upon Trust for his said daughter Ann Holland her husband and issue And also the further sum of £1000 which the testator also directed to be paid at the same time and with the like interest of the first mentioned sum of £1000 to his said Trustees and the survivor of them their executors or administrators To hold to them upon the same trusts and purposes on all respects as were therein declared concerning the £1500 bequeathed to said Trustees Upon Trust for his said daughter Mary Moore and her husband and issue as thereinbefore described

And said Testator did subject to his said just debts etc and to the several legacies and sums of money thereinbefore given and bequeathed and directed to be paid as aforesaid give devise and bequeath unto his son John Moore – All other his freehold and leasehold Messuages Lands Tenements Hereditaments and Premises and Real Estate whatsoever and wheresoever situated lying and being with their and every of their rights members and appurtenances and all his personal estate

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To hold unto and to the use of the said John Moore his heirs executors administrators and assigns forever according to the tenure nature or quality thereof respectively And the said testator appointed Henry Fowke of Tewkesbury aforesaid esq and his said son John Moore joint executors of his Will Executed and published by said Testator and attested by three witnesses Proved in Doctors Commons 29^th September 1819 by said John Moore the surviving executor

20^th June 1828

Deed Poll under the hands and seals of said Ann Holland, Ann Adams, Rebecca Moore and Frances Moore After Reciting the before abstracted Will of said William Moore and the death of the said Henry Fowke in the lifetime of the testator and also the death of the said William Moore in the month of August 1819 without altering or revoking the same which had been duly proved by the said John Moore in the Prerogative Court of Canterbury on 27^th September then next following

And Reciting that said John Moore had long since paid to said Ann Holland, Ann Adams, Rebecca Moore and Frances Moore the several legacies of £100, £50, £25, £25 by said recited Will given to them respectively as aforesaid as they thereby acknowledged

Then they said Ann Holland, Ann Adams, Rebecca Moore and Frances Moore in consideration of the premises and each and every of them doth remise release and forever quit claim and discharge said John Moore his heirs etc All and singular the Messuages lands tenements hereditaments and premises and real estate whatsoever In and by said recited Will of said testator given and devised unto said John Moore and in anywise charged with or made subject to the payment thereof or of any part or parts thereof respectively of and from said several legacies or sums of money so as aforesaid given and bequeathed to them said Ann Holland, Ann Adams, Rebecca Moore and Frances Moore  respectively and every of them and of and from every part thereof and of and from all and every claim and claims demands action & actions suit and suits at law or in equity and exps? Whatsoever which they or any or either of them might could or might have had made brought commenced carried on or prosecuted for or by reason or in consequence of said several legacies and sums of money so to them respectively given bequeathed as thereinbefore was recited or any part thereof in their own rights or right respectively or otherwise howsoever Attested by one witness

13^th March 1839

Deed Poll under the hands and seals of said Edmund W. Jones, John Moore, Ann Holland

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And Mary Moore spinster After Reciting the before abstracted Will of the said William Moore And Reciting that said Henry Fowke died previously to the death of said testator which took place in 1819 without his having revoked or altered his said Will and that on 27^th September 1819 said Will was proved by said John Moore in the Prerogative Court of Canterbury

And Reciting that said Mary Moore the widow of said William Moore died some time then since leaving said John Moore, Ann Holland and Mary Moore party thereto her only 3 children surviving her

And also reciting that said £3000 [this has been crossed through in pencil and £300 written above] so bequeathed to said Mary Moore the widow as aforesaid with all interest thereon had ben paid to her in her lifetime but she had never signed any receipt as said J. Moore, A. Holland and M. Moore (party thereto) thereby acknowledged

And also reciting that said John Moore as such residuary devisee as aforesaid paid said Mary Moore party thereto said £600 thereby bequeathed to her as aforesaid and to said E.W. Jones as such surviving Trustee as aforesaid said several sums of £1500 and £1500 thereby bequeathed to him and said Henry Fowke In Trust as aforesaid as he said E.W. Jones and also A. Holland and M. Moore did thereby acknowledge and in consideration thereof had agreed to execute the release thereafter contained

And also reciting that said two sums of £1000 and £1000 by said Will also given to said H. Fowke and E.W. Jones had not then been paid off but all interest had been discharged to the date thereof and that said E.W. Jones, A. Holland and M. Moore being fully satisfied that said Messuage and Premises called the Hop Pole and Hop Pole Tap were an ample security for the same had agreed to release all other the estate of said W. Moore from the payment of the same

It is witnessed that in consideration of the payment of the said legacy of £600 and aforesaid 2 sums of £1500 each – They the said E.W. Jones, A. Holland, and M. Moore and every of them did acquit release and discharge said J. Moore his executors etc and also the Freehold Messuages and also the proven? Estate etc of said testator William Moore deceased by his Will bequeathed to said John Moore

From said legacies of £600 and £1500 and £1500 bequeathed by said Will from all actions etc on account thereof or in relation thereto

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And it is further witnessed that in consideration of the premises – they the said E.W. Jones, A. Holland and M. Moore in respect of said 2 sums of £1000 each (the interest whereof said A. Holland and M. Moore were entitled to during their lives) did release acquit and discharge All the Freehold Messuages etc of said testator devised to said John Moore as aforesaid from the said sums of £1000 and £1000 given to said H. Fowke and E.W. Jones upon the trusts aforesaid and from all actions etc on account thereof or in relation thereto Executed and attested by 2 witnesses

14^th and 15^th March 1839

Indentures of Lease and Release between said John Moore on the one part and said E.W. Jones of the other part

After reciting in the abstracting Indenture of Release the before abstracted Will of said William Moore

And reciting that said Henry Fowke departed this life previously to the death of said testator which took place in the year 1819 without his having altered his said Will which had been on the 27^th September 1819 duly proved by said John Moore in the Prerogative Court of Canterbury And also reciting that said Mary the wife of the said William Moore since departed this life And also reciting that said John Moore had requested said E.W. Jones to lend him £3000 on security of a Conveyance of the Messuages etc thereinafter described with a power of sale

It is witnessed that in consideration of £3000 to said John Moore then paid by said E.W. Jones – he the said John Moore did grant and confirm unto said E.W. Jones in his actual possession (inter alia)

All the before abstracted premises by the description of

All that Messuage or Tenement or Dwelling House situated and being in a certain street called the High Street otherwise The Oldbury Street in Tewkesbury aforesaid and used as an Inn called or known by the name or sign of The Wheatsheaf

Together with the Yard lying behind the same
And all rights etc – Reversions etc – Estate Right etc – Deeds etc
To hold unto said E.W. Jones his heirs etc forever

But nevertheless Subject to a proviso for redemption and reconveyance of said abstracted premises by said John Moore his heirs etc on payment to said E.W. Jones his executors etc of £3000 on 15^th September then next

Provided also that if default should be made in payment of said sum of £3000 or interest thereof or any part thereof respectively at the time and in manner aforesaid it should be lawful for said E.W. Jones his heirs or aforesaid without any further assent or concurrence of said

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John Moore his heirs or assigns to sell said Hereditaments and Premises or any part thereof either by Public Auction or Private Contract entire or in Lots to any person whomsoever

And also without concurrence as aforesaid to execute all necessary contracts conveyances and assurances for completing such sale or sales and to give receipt or receipts in writing for the purchase moneys which receipts should effectually exonerate the purchasers therefrom and all obligation to enquire into the regularity or propriety of any sale or sales or to see to the application or to be answerable for the misapplication or non-application of the purchase money or to ascertain whether any default should or should not have been made in payment of the said principal money and interest or any part thereof

And that said E.W. Jones his heirs or assigns should out of the moneys to be produced by such sale or sales – In the first place satisfy all the expenses attending the carrying of any such sale into effect

And in the next place satisfy himself and themselves the said principal sum of £3000 and the interest thereof or so much thereof respectively as should be then due and unpaid And in Trust to pay the surplus of said money rents and profits (if any) to said John Moore his executors etc

Covenants from said John Moore:

For payment of the mortgage money and interest To keep buildings insured He had good right to convey For quiet enjoyment after default Free from incumbrances For further assurance - production of the Probate of the before abstracted Will of said William Moore; Deed Polls of 20^th June 1828 and of even date with the abstracting Indenture

Proviso for quiet enjoyment by said John Moore his heirs and assigns until default

Declaration that previously to any sale being made said E.W. Jones his executors etc should give to said John Moore his heirs and assigns 3 months’ notice in writing of his or their intention to sell said hereditaments unless said principal money and interest then due and owing should be paid and satisfied at the expiration of the said notice but no purchaser under the power of sale thereinbefore contained should be bound to enquire whether such notice had been given or be affected with express notice that it had not been given

Lease executed by said John Moore and release by both parties – both attested by 2 witnesses and receipt for consideration money endorsed on release

15^th March 1839

Deed Poll (endorsed on the 3^rd skin of the before abstracted Indenture of even date therewith) under the hand and seal of said E.W. Jones After reciting the before abstracted Will of said William Moore And reciting that said Henry Fowke departed this life in or about the month of October 1818 And also reciting that said William Moore also departed this life on or about the 9^th August 1819 without having altered or revoked his said thereinbefore in part recited Will which had been on 27^th September in same year duly proved by said John Moore the surviving executor in the 

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Prerogative Court of Canterbury

And also reciting that said E.W. Jones had called in and received of and from the said John Moore the said 2 several sums of £1500 and £1500 and thereupon he said E.W. Jones and also Ann Holland and Mary Moore in and by the before abstracted Deed Poll of 13^th March instant and each of them had released and discharged said John Moore his heirs etc and also all the freehold and leasehold Messuages etc then late of said William Moore devised or bequeathed to said John Moore his heirs executors administrators and assigns and made chargeable with the payment thereof in and by said in part recited Will (inter alia) as aforesaid

And also reciting that in pursuance of the trusts vested in him as aforesaid he being satisfied of the sufficiency of the security with the consent of said Ann Holland and Mary Moore had invested said 2 several sums of £1500 and £1500 at interest on certain freehold Messuages etc of said John Moore at Tewkesbury aforesaid described in the Indenture whereupon those presents were indorsed and the repayment of which said sum of £3000 with interest for the same was by the Indenture of release  whereupon those presents were endorsed secured to be paid to said E.W. Jones his executors etc by said John Moore by mortgage of the Messuages etc in the said Indenture of release described

And also reciting that upon the face of the said Mortgage Deed the principal sum of £3000 and Interest thereby secured appeared to be the moneys of the said E.W. Jones

Then those presents Witnessed that in consideration of the premises and to prevent any doubt which might be entertained as to the said principal sum and interest – He the said E.W. Jones for himself and his heirs etc and for every of them did thereby acknowledge and declare that the grant and conveyance of the Messuages etc therein described and every part thereof in said Indenture of Release referred to had been in fact so made to him as such Trustee as aforesaid and in no other right whatsoever and that said Principal Sum of £3000 thereby secured and the interest thereof was made up and composed of the said 2 Principal Sums of £1500 and £1500 and the interest of the same respectively in and by the said part recited Will of said testator William Moore given and bequeathed to said Henry Fowke deceased and him the said E.W. Jones  IN TRUST for the respective benefits of his said daughters Ann Holland and Mary Moore and their issue as aforesaid

And also that said E.W. Jones his heirs etc then stood and would thenceforth stand seized of said hereditaments and premises and of and in said Principal Sum of £3000 and the Interest thereof thereby secured upon the Trusts in said in part recited Will of said testator William Moore declared concerning the same

Attested by 2 Witnesses

19^th March 1841

Copy Will of said E.W. Jones whereby he gave and bequeathed – All his real and personal estate unto his father Samuel Jones of Tewkesbury aforesaid gentleman his heirs etc according to the nature and quality thereof

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And he (Testator) gave devised and bequeathed unto G.E. Williams [of Cheltenham gent] All real and personal estates whatsoever of which he was possessed as a Trustee for any person intent or purpose whatsoever To hold to said G.E. Williams his heirs etc according to the nature or quality thereof respectively Upon the same Trusts and to and for the same intent and purposes as he was then or should be seized of or interested in same respectively

And he appointed said Samuel Jones and G.E. Williams joint executors thereof

Signed by the testator and attested by 2 Witnesses