(46) Conveyance of Messuage in High Street Tewkesbury – Devisees of Charles Bennett to Alfred R. Tustin – 25th March 1861

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Cover: Conveyance of Messuage and premises in High Street Tewkesbury – The Devisees in trust of Mr Charles James Bennett to Mr Alfred R. Tustin – 25th March 1861

Document:

This Indenture dated 25th March 1861 and made between

1. William Henry James late of Abergavenny Monmouthshire but now of Bilston in the County od Stafford architect and John Dimery Phillips of Doncaster in the County of York commercial traveller – devisees in trust and executors named and appointed in the last will and Testament of Charles James Bennett late of Tewkesbury Glos gentleman deceased
2. Alfred Robert Tustin of Tewkesbury cooper

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Whereas said Charles James Bennett being seized to him and his heirs in fee simple free from all incumbrances of a Messuage or Tenement and other hereditaments hereinafter described and assured and intended so to be duly made and executed his last Will and testament  in writing dated 16th July last and thereby gave and devised and bequeathed  - All his Messuages Lands and Tenements and Real Estate whatsoever or wheresoever and also all his personal estate unto his cousins the said William Henry James and John Dimery Phillips – their heirs and assigns UPON TRUST as soon as conveniently after his decease to sell his real estate and such parts of his personal estate as should not consist of money and securities and having converted his trust estate into money to apply the same as therein particularly mentioned 

And Whereas Testator departed this life 15th October last and the Will was proved at Gloucester Registry on 20th November last

And Whereas said William Henry James and John Dimery Phillips pursuant to the trusts and directions of said Will caused all the real estate of said Charles James Bennett deceased to be put up for sale by Public Auction at Swan Inn Tewkesbury on 30th January last and where said Alfred Robert Tustin became the highest bidder for and was accordingly declared the purchaser of said Messuage and Hereditaments hereinafter described being Lot 2 in said printed particulars at or for the price of £190

Now this Indenture Witnesseth that in pursuance of said recited sale by auction and for carrying the same into effect and in consideration of £190 paid to William Henry James and John Dimery Phillip by said Alfred Robert Tustin (receipt acknowledged) – They the said William Henry James and John Dimery Phillips doth grant release and convey unto said Alfred Robert Tustin 

All that Messuage or Tenement or Dwelling House situate in Tewkesbury on the North West side of a street there called the High street heretofore in successive occupations of William Gardner; Richard Heath; and John Pritchard afterwards of Carew Noxon late of Charles Dowswell and next of Alfred Robert Tustin and having
A Messuage or Tenement formerly of Mrs Cooper and in occupation of John Frost afterwards in occupation of Mary Bassett and now belonging to [blank] and occupied by Levi Clifton on South West
And a Messuage or Tenement formerly of Thomas Holland and in occupation of Richard Waters afterwards in occupation of William Townsend and belonging to Thomas weaver and in occupation of [blank] on North East 
And which said Messuage and premises hereby intended to be assured were in the year 1830 bought and purchased in fee simple by James Bennett of Tewkesbury bookseller deceased who departed this life on 29th January 1856 having by his will dated 22nd October 1853 given and devised all his real and personal estate to his son the said Charles James Bennett absolutely 

Together with all the houses, outhouses etc and the reversion and reversions and remainder and remainders rents issues etc and all estate right and title of them William Henry James and John Dimery Phillips or either of them

To have and to hold said Messuage Tenement or Dwelling House hereinbefore described unto said Alfred Robert Tustin and his heirs forever

Covenant that any widow of Alfred Robert Tustin is NOT entitled to dower

Covenant by William Henry James and John Dimery Phillips that they have done nothing to encumber

Signed: William Henry James and John Dimery Phillips