1872 Knight to Winterbotham

Transcribed by Wendy Snarey, 2018

(20) Conveyance Philip Knight and another to Wm Winterbotham – 8th June 1872

On Cover:-

Conveyance Philip Knight and another (devisees in trust and executors under the Will of Mr William Knight deceased) to Mr W. Winterbotham to uses and benefit of Mr Philip Knight as within conveyance of A Messuage and Premises situate in Barton Street – 8th June 1872


This Indenture made 8th June 1872 between:-
  1. Philip Knight of Campbelltown Argylshire Scotland, supervisor of excise and William Knight of Tewkesbury boot and shoe manufacturer
  2. Said Philip Knight
  3. William Winterbotham of Tewkesbury gentleman

Whereas William Knight late of Tewkesbury deceased by his Will dated 6th July 1866 appointed his dear wife Elizabeth Knight and his sons Philip and William the younger (now William Knight party hereto) trustees and executors and gave the whole of his estate and effects unto his said Trustees their heirs and executors and assigns respectively UPON TRUST to pay thereout his just debts, funeral and testamentary expenses and subject thereto upon trust during the life of his said wife to allow her to have specific use and enjoyment of such part of his said estate and effects as she might desire and receive the net income of the residue thereof – she keeping the real estate in repair and insured against loss by fire – and after her decease upon trust that the trustee or trustees for the time being of that his Will did and should either by Public Auction or Private Contract convert the whole thereof into money and out of the net monies arising pay to his son Philip Knight, if living at his decease, the sum of £50 and then pay and divide the residue thereof equally amongst his sons the said Philip Knight and William Knight the younger and his daughters Sarah May and Eliza Robinson or such of his said children as should be living at his wife’s decease – the respective share of any daughter to be for their respective use and independent of any husband

And the testator gave and devised to his said Trustees all real estate vested in them as Trustees or Mortgagees to hold to them and their heirs upon the trusts and subject to the equities affecting the same

And Whereas the said testator died on 31st August 1870 and Will proved 30th September at Gloucester

And Whereas said Elizabeth Knight died 21st May last [1872]

And Whereas by Indenture 7th June instant made between:-

  1.  said Philip Knight, William Knight, Thomas Andrews Potter, John Potter and Lydia Jones
  2. Said Philip Knight and William Knight
After reciting that on 12th June 1852 the said William Knight paid the late Mr William Potter £200 and interest due on a mortgage Deed dated 24th June 1831 as appears by a memo endorsed on the Mortgage Deed and signed by him but no conveyance had been made

By the Indenture now reciting the Hereditaments and Premises hereinafter described were conveyed and assured unto and to the use of said Philip Knight and William Knight their heirs and assigns as Joint Tenants but nevertheless upon the trusts declared thereof by the said recited Will of the said William Knight as aforesaid

And Whereas the said Philip Knight and William Knight as such Trustees of the Will of the said William Knight have contracted and agreed with the said William Winterbotham for the absolute sale to him of said Messuage or Tenement Hereditaments and Premises hereinafter described free from incumbrances for £380 and said William Winterbotham hath requested that said Hereditaments and Premises may be conveyed to him in manner hereinafter appearing

Now this Indenture Witnesseth that in pursuance of the said agreement and in consideration of £380 paid to said Philip Knight and William Knight as Trustees by William Winterbotham (receipt acknowledged) – they the said Philip Knight and William Knight and each of them grant, bargain and sell to said William Winterbotham

ALL THAT MESSUAGE or TENEMENT with the out offices and appurtenances thereof formerly in possession of Kenelm Bubb his tenant or undertenant afterwards of William Webb, Mary Webb and John Haslem respectively, late of one Ann Screen then of George Green then of said William Knight but now of Artimus Poole – situate lying in Tewkesbury in a street there called the Barton Street between

A Messuage or Tenement heretofore of John Lyes afterwards of John Cresswell and [blank] Pearkes respectively then of one John Spurrier and now of Stephen Edwards on one side and

A Messuage or Tenement heretofore in possession of john Wilkinson afterwards of John Warner then of John Woodward and now of William Hathaway on the other side

Together with all the ways, paths, passages, party and other walls, lights, watercourses etc etc and appurtenances whatsoever to said Messuage or Tenement hereditaments and premises belonging

To have and to hold said Messuage or Tenement unto said William Winterbotham to hold to such uses upon trust for such ends intents and purposes as said Philip Knight by any deed or instrument in writing or by his last Will and Testament shall direct or appoint – and in default of such appointment to use of William Winterbotham and his heirs forever

In trust nevertheless for the said Philip Knight his heirs and assigns forever

Said Philip Knight declares widow mot entitled to dower

Covenant by said Philip Knight and William Knight they have nothing to encumber Signed by William Knight and Philip Knight

On Reverse: Receipt and Signatures for £380

AND ALSO Memorandum dated 19th May 1879

For avoiding doubts which might otherwise arise as to the title of the within named Philip Knight or those claiming through or under him to the hereditaments within described, we the within named and undersigned:- Philip Knight (now of Liverpool) William Knight Sarah May (now of Exeter) Eliza Robinson (now of London Do hereby respectively declare and admit as follows:-
  1. In the year 1872 it was mutually agreed between us that in order to facilitate the winding up of the estate of our late father the within named William Knight deceased and to avoid the expense of an auction the undersigned Philip Knight should – notwithstanding his trusteeship purchase and take the within described hereditaments at the price of £380 being the fair value thereof as ascertained by a valuation made for the purpose by Messrs Weaver and Moore auctioneers Tewkesbury
  2. In pursuance of such agreement the paid purchase money of £380 was provided by said Philip Knight out of his money and the same with the rest of the estate of our said father has been long since duly distributed among us in accordance with the directions of the within recited Will
  3. The said purchase money was not or was any thereof in fact paid by the within named William Winterbotham as in the within Indenture expressed. The within named said William Winterbotham (now deceased) acted as our solicitor and said Indenture was prepared by him in the form which he considered adapted to meet the case but which we are now advised as such leaves the title open to questions which it is the object of the memorandum to remove
  4. From the date of the within Indenture the said Philip Knight has been in the undisturbed enjoyment of the rents and profits of the within described hereditaments as his own absolute property
Dated: 19th May 1879 Signed by:- Philip Knight; William Knight; Sarah May and Eliza Robinson
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