Transcribed by Wendy Snarey, 2018

(21) Abstract of the Title of George Potter Howell to no. 3 Barton Street Tewkesbury

On Cover:-

Abstract of the title of Mr George Potter Howell to a freehold dwellinghouse shop and premises no. 3 Barton Street Tewkesbury in the County of Gloucester 1920 – H.W. Brown Tewkesbury [solicitor]

Document:

27th June 1906 – Indenture of this date made between

  1. John Wiltshire then formerly of Lewes in the County of Sussex but then of “Cintra” Richmond Wood Road Bournemouth in the County of Hants gentleman and Joseph Henry Knight then formerly of Tewkesbury in the County of Gloucester but then of Erleigh Road Reading in the County of Berkshire boot and shoe manufacturer
  2. George Potter Howell of no. 22 Barton Street Tewkesbury aforesaid builder (thereinafter called the purchaser)

Reciting that by Indenture of Conveyance dated 8th June 1872 and made between:

  1.  Philip Knight and William Knight
  2. Said Philip Knight
  3. William Winterbotham
The hereditaments thereinafter 1stly described were for the valuable consideration therein mentioned granted unto the said William Winterbotham and his heirs to such uses upon the trusts and for such intents and purposes and generally in such manner and form as the said Philip Knight by any deed or deeds instrument or instruments in writing or by his last Will and Testament should direct limit or appoint and so far as any such appointment if made should not extend to the use of William Winterbotham his heirs forever in trust for Philip Knight and his heirs and assigns forever

And reciting an Indenture dated the 8th June 1872 relating to property thereinafter 2ndly described and not subject to this abstract

And reciting that the said Philip Knight by his Will dated 28th May 1879 appointed Mary his wife, his son-in-law John Wiltshire and his nephew the said Joseph Henry Knight to be trustees and executors and declared that the expression “his Trustees” as thereinafter used should (unless where otherwise required by the context) mean said Mary Knight [his wife] John Wiltshire and Joseph Henry Knight or the survivor or survivors of them or other Trustees for the time being of that his Will. And after giving specific pecuniary legacy to his wife and making a direction as to his household effects the testator gave all his real estate and the residue of his personal estate unto the use of his said trustees and their heirs UPON TRUST to convert the whole into money and stand possessed of the proceeds upon the trusts therein mentioned – and the testator empowered his trustees so long as they might deem it advisable to postpone the conversion any part of his real estate

And reciting that Philip Knight made two codicils to his Will which were dated 14th July 1881 and 24th April 1883 but such codicils did not affect the aforesaid Will as far as the same was thereinbefore recited

And reciting that Philip Knight died at Cheltenham on the 15th April 1884 and Will and Codicils were proved at Gloucester 12th May 1884 by Mary Knight, John Wiltshire and Joseph Henry Knight the executors

And reciting said Mary Knight died 8th October 1892

And reciting that the said john Wiltshire and Joseph Henry Knight (who were after called the vendors) as the surviving Trustees of the Will of the said Philip Knight deceased had agreed with George Potter Howell for the sale to him for an estate in fee simple subject to the tenancies thereinafter mentioned but otherwise free from incumbrances of all and singular the hereditaments thereinafter 1st and 2ndly described at the price of £640

It was witnessed that in presence of said agent and in consideration of £640 paid by George Potter Howell (receipt acknowledged) John Wiltshire and did grant and convey – Firstly: All that Messuage or Dwelling House and Shop with the outoffices and appurtenances thereto belonging situate on the North side of and known as no. 3 in Barton Street in the Borough of Tewkesbury in the County of Gloucestershire and which said hereditaments were delineated and coloured pink on the plan drawn on the now abstracting presents and were then formerly in the occupation of William Knight afterwards of Artemus Poole and were then in the occupation of Eastmans Ltd and the same hereditaments were bounded On the north by hereditaments thereinafter 2ndly described On the South by Barton Street On the East by a Public House known as “The Tracey Arms” reputed to belong to Cheltenham Original Brewery Ltd On the West partly by hereditaments reputed to belong to Tewkesbury Consolidated Charities and partly by hereditaments reputed to belong to Mr James Horton and Secondly property not the subject of this abstract

To hold all and singular the premises to use of George Potter Howell subject nevertheless as to the hereditaments thereinbefore Firstly described to an Indenture of Lease dated 3rd March 1903 and made between:

  1.  Joseph Henry Knight
  2. Eastmans Ltd for the term of 21 years from 1st April 1903 determinable as therein mentioned at the yearly rent of £30 and subject to the covenants therein contained
Executed by said John Wiltshire and Joseph Henry Knight and duly attested

20th July 1906 = Indenture of this date made between:

  1. Said George Potter Howell
  2. The Tewkesbury and District Permanent Benefit Building Society Limited incorporated under the Building Societies Act 1874 having Offices at 84 Barton Street Tewkesbury and thereafter called “The Society”
Reciting the seisin of George Potter Howell and reciting that George Potter Howell was the owner of 18 shares in the Society and was by the rules of the Society, upon giving the security thereinafter contained, entitled to an advance of £30 in respect of each share making an aggregate of £540 It was witnessed that in consideration of the sum of £540 then advanced to George Potter Howell by the Society (receipt acknowledged) the said George Potter Howell as beneficial owner thereby conveyed unto the Society Firstly all the before abstracted premises the same being delineated and coloured pink on the plan drawn in the fold of the new abstracting Indenture Secondly – Property not the subject of this abstract To hold the same to the Society their successors and assigns in fee simple Proviso for redemption of payment by said George Potter Howell to the Society of the subscriptions, fines and sums of money therein particularly mentioned Proviso barring leasing Covenant by the said George Potter Howell with the Society to make the payments thereinbefore mentioned and to keep buildings in good repair and to insure against loss by fire Executed by George Potter Howell and Common Seal of Society affixed

28th July 1913 Indenture made between:

  1. Said George Potter Howell (therein after called “The Mortgager”owell  
  2. The Tewkesbury and District Permanent Benefit Building Society Limited incorporated under the Building Societies Act 1874 having Offices at 84 Barton Street Tewkesbury and thereafter called “The Society”  
Expressed to be supplemental to the lastly abstracted Indenture (thereinafter called “The Principal Indenture” Reciting that the Mortgager was the owner of 13 shares in the Society in addition to the shares mentioned in the Principal Indenture and he was entitled to an advance of £390 in respect thereof on his executing these presents It was witnessed that in consideration of £390 the mortgager agrees to pay all subscriptions fines etc and that the hereditaments comprised and conveyed in the Principal Indenture should stand charged with the payment in respect of the additional 13 shares Executed by George Potter Howell and duly attested

4th October 1920 – Vacating Receipt endorsed on the hereinbefore abstracted Indenture of 20th July 1906 and Common Seal of the Building Society affixed thereto

4th October 1920 – The like on hereinbefore abstracted Indenture of 28th July 1913

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