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Conveyance of house and land at Bastards Lane End, 1860

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Conveyance of house and land at Bastards Lane End, 1860[1] is a document from Bundle 2.

Abstract/description

Conveyance for £200: house, garden and land (1/2 acre) at Bastards Lane End, North Stoneham. 2 Aug 1860. i) William COLMER of North Bow, Middlesex, publican; Thomas Colmer of St Pancras, cabinet maker ii) John Brown WILLIS FLEMING of Stoneham Park, esq.

Transcription

This Indenture made the second day of August One Thousand eight hundred and sixty BETWEEN William Colmer of North Bow in the County of Middlesex Publican and Thomas Colmer of Barclay Street of Old Saint Pancras in the said County of Middlesex Cabinet Maker (Trustees named in the last Will and Testament of Thomas Colmer late of Bassett Lane End in the parish of North Stoneham in the County of Southampton Woodman deceased) of the one part and John Brown Willis Fleming of South Stoneham Park in the said County of Southampton Esquire of the other part WHEREAS the said Thomas Colmer deceased being at the date of his will hereinafter recited and at the time of his decease seised of or otherwise well entitled to the Messuage hereditaments and premises hereinafter granted or intended to be duly made and signed his last Will and Testament in writing and did thereby give and devise unto his wife Hannah Colmer and to his two sons the said William Colmer and Thomas Colmer All that his Freehold Cottage and Garden with the appurtenances situate and being at Bassett Lane End aforesaid and then in his occupation Upon trust to permit and authorize his said wife Hannah Colmer to have hold and enjoy and receive and take the rents issues and profits thereof for and during the term of her natural life And from and immediately after her decease Upon trust to sell and dispose of his Freehold Cottage and Garden with the appurtenances by Public Auction or Private Sale and at such time or times and for such price or prices as such Trustees or Trustee should think proper with power to buy in the same at any such Auction and to rescind any such contract for sale without being answerable for any diminution in the price for which the same might be ultimately sold

And as to the monies to arise by such Sale or Sales and the Rents and Income thereof from his said Wifes decease until sold In Trust after payment of the expenses attending such Sale or Sales to pay and divide the same unto and equally between all and every his children who should be living at the time of the decease of his said Wife in equal shares and proportions as Tenants in Common and not as Joint Tenants the share of such Children as should be a Daughter or Daughters to be for her or their sole separate and peculiar use free and independent of the debts engagements or control of any Husband or Husbands she or they might happen to have and as if she or they were sole and unmarried and so that the receipt or receipts of such Daughter or Daughters alone notwithstanding Coverture and whether Covert or sole should be good and sufficient discharges for the same And the said Testator did by his said recited Will that the receipt or receipts in writing of his said Trustees for the time being of his said Will or the Survivor of them his or her heirs executors or administrators for all or any of the monies payable to them her or him by virtue of his said Will should be sufficient discharge to the purchaser or purchasers paying the same monies and all whom it might concern and release and discharge the same person or persons from all liability by reason of the misapplication or nonapplication of the same and from being bound to ascertain or enquire into the propriety of any sale to be made by virtue of his said Will And the said Testator appointed his said wife the said Hannah Colmer and his said sons the said William Colmer and Thomas Colmer Executrix and Executors of his said Will AND WHEREAS the said Testator departed this life on or about the fourth day of February One thousand eight hundred and fifty seven without having revoked or altered his said Will And the same Will was on or about the sixth day of March One thousand eight hundred and fifty eight duly proved by the said Hannah Colmer alone in the District Registry of Her Majestys Court of Probate at Winchester AND WHEREAS the said Hannah Colmer departed this life on or about the Eleventh day of September One thousand eight hundred and [...] and was buried at North Stoneham in the said County of Southampton AND WHEREAS the said William Colmer and Thomas Colmer in pursuance of the power for that purpose in them reposed by the said in part recited Will have contracted with the said John Brown Willis Fleming for the sale to him of the said Messuage hereditaments and premises hereinafter described and intended to be hereby granted at or for the price or sum of Two hundred pounds

NOW this Indenture WITNESSETH that in pursuance and performance of the said contract and in consideration of the sum of Two hundred pounds of lawful money of Great Britain to them the said William Colmer and Thomas Colmer in hand well and truly paid by the said John Brown Willis Fleming at or immediately before the sealing and delivery of these presents the receipt wherof the said William Colmer and Thomas Colmer do and each of them doth hereby acknowledge and of and from the same and every part therof do and each of them doth acquit release and discharge the said John Brown Willis Fleming his heirs executors administrators and assigns and all other persons and person whomsoever by these presents They the said William Colmer and Thomas Colmer Do and each of them Doth grant and convey unto the said John Brown Willis Fleming his heirs and assigns ALL THAT Messuage Tenement or Dwellinghouse Woodhouse Garden Orchard and Premises AND ALSO all that piece or parcel of Land thereunto adjoining and belonging containing by estimation half an acre (be the same more or less) situate lying and being at a place there called Bastards Lane End in the Parish of North Stoneham aforesaid formerly in the tenure of John Baldry his undertenants or assigns afterwards of Joseph Sivier his assignee or assigns then of John Garrett and his widow Sarah Garrett and late of the said Thomas Colmer and his Widow the said Hannah Colmer deceased and bounded on the South East with the lands formerly of Bond Esquire on the North East with a messuage or tenement formerly in the occupation of Moses Woods and on the South West with the lands of the said John Brown Willis Fleming and which said Messuage Hereditaments and premises were devised by the said Will of the said Thomas Colmer deceased by the description of All that Freehold Cottage and Garden with the appurtenances situate and being at Bassett Lane End aforesaid Together with all buildings erections fixtures Commons Trees hedges ditches fences ways paths passages waters water courses liberties privileges easements advantages and appurtenances whatsoever to the said Messuage or Tenement hereditaments and premises or any of them appertaining or with the same or any of them now or heretofore occupied or enjoyed or reputed or known as part or parcel of them or any of them or appurtenant thereto And all the estate right title interest we trust properly claim and demand whatsoever of them the said William Colmer and Thomas Colmer in to out of or upon the same and every part thereof TO have and to HOLD ñ the said Messuage Hereditaments and premises unto the said John Brown Willis Fleming his heirs and assigns To the use of the said John Brown Willis Fleming his heirs and his assigns for ever

AND the said John Brown Willis Fleming doth hereby declare that no woman who shall happen to become his Widow shall be entitled to dower out of or in the said Messuage hereditaments and premises hereby granted or intended so to be or any of them AND each of them the said William Colmer and Thomas Colmer doth hereby for himself his heirs executors and administrators covenant with the said John Brown Willis Fleming his heirs and assigns that they the said William Colmer and Thomas Colmer have not nor hath either of them at any time heretofore made done or committed or executed or wittingly or willingly suffered any act deed matter or thing whatsoever whereby or by means wherof the said Messuage Hereditaments and Premises hereby granted or intended to be or any part thereof are or is or shall be or may be in any wise impeached charged affected or incumbered in title charge estate or otherwise howsoever or whereby or by reason or means wherof the said William Colmer and Thomas Colmer are in anywise prevented or hindered from granting the same premises hereditaments and premises or any of them in manner aforesaid according to the true intent and meaning of these presents

IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

William Colmer
Thomas Colmer

References

  1. * WFMS:318 | HRO 102M71/T121
  • Transcription by Cynthia Breadmore
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