Castle Estate Transcript of Sale Document 1903

 

This Indenture is made the eighteenth day of December One thousand nine hundred and three Between James Williamson of Number 13 Sherborne Lane in the City of London, Solicitor Henry Egan Hill  of Number 13 Sherborne Lane “ “ aforesaid, Solicitor and Edward Ford North of Number 3 Comeragh Road Fulham in the County of London Esquire(hereinafter called “The Vendors”) on the one part and  The Mayor, Aldermen and Burgesses of the Borough of Clifton Dartmouth Hardness in the County of Devon (hereinafter called “The Council”) of the other part. Whereas by an Indenture of Conveyance dated the twenty third day of April One thousand eight hundred and sixty four and made between Sir Henry Paul Seale on the first part, John Henry Mackenzie of the second part and Hugh Mair of the third part, the hereditaments hereby assured, together with other hereditaments were granted and assured unto and to the use of the said Hugh Mair, his heirs and assigns for ever And the Indenture now in recital contained a declaration by the said Hugh Mair (superscript insert here reads “to bar down”) And whereas the said Hugh Mair formerly of Rowarden Lodge, Lochlomond North Britain but late of Phyllis Court Henley on Thames in the County of Oxford Esquire deceased by his Will dated the first day of July One thousand nine hundred and one (the said Hugh Mair then being domiciled in England) appointed John Menzies Robertson of 49 Givendure Road, West Kensington, Middlesex Esquire and the said James Williamson Executors and trustees thereof and thereby devised (inter alia, All his freehold messuages buildings lands and hereditaments in the following parishes at or near Dartmouth in the County of Devon (that is to say) Townstall, Stoke Fleming, St. Saviours and St. Petrox; and all other (if any) his real estate situate at or near Dartmouth aforesaid unto and to the use of his nephew John Mair of Buckland House Lymington in the County of Hants his heirs and assigns. And after bequeathing certain legacies Testator devised All his real estates in England, Scotland or elsewhere not thereinbefore given and bequeathed all his personal estate including as well real and leasehold as personal estate over which he had or should have a general power of appointment Unto and to the use of his Trustees thereinbefore named their heirs executors and administrators respectively Upon trust that his said Trustees or the survivors or survivor of them or the executors or administrators of such survivor or other the Trustees or Trustee for the time being of that his Will hereinafter called his Trustees or Trustee should in such manner and in such stipulations and upon such terms and conditions in all respects as they or he should in their or his absolute uncontrolled discretion think fit sell collect or otherwise convert into ready money (according to the nature of the premises) all such part of the same premises as should not consist of ready money and should out of such monies and his ready money pay his funeral and testamentary expenses and debts and the legacies thereby or by any codicil thereto given by him and should invest the residue of such moneys as therein mentioned And should stand possessed of the said moneys as therein mentioned And the Testator directed that his Trustees might defer and postpone the sale conversion and collection of the whole or any part or parts of his real leasehold and personal estate respectively so long as to the Trustees or Trustee should in their or his uncontrolled discretion seem proper but that his real estate should for the purpose of transmission be impressed with the quality of personally (personalty?) from the time of his death. And whereas the said John Mair nephew of the said Testator died on the twenty eighth day of January One thousand nine hundred and two and was buried at Lymington aforesaid on the thirty first day of January One thousand nine hundred and two And whereas the said Testator Hugh Mair died at the Berkeley Hotel Piccadilly in the County of Middlesex on the first day of March One thousand nine hundred and two without having revoked or altered the said Will which was duly proved by the said James Williamson one of the Executors named therein on the first day of May One thousand nine hundred and two in the Principal Probate Registry of His Majesty’s High Court of Justice the said John Menzies Robertson the other Executor named in the said will having renounced Probate thereof  And whereas by a Deed Poll dated the sixth day of June One thousand nine hundred and two under the hand and seal of the said John Menzies Robertson after reciting the said Will of the said Hugh Mair and the death of the said Hugh Mair the said John Menzies Robertson disclaimed the office of Trustee under the said Will and all real and personal estate whatsoever devised and bequeathed to him as a Trustee by the said Will  And whereas by an Indenture dated the fourteenth day of June One thousand nine hundred and two and made between the said James Williamson on the one part and the said Henry Egan Hill and the said Edward Ford North of the other part after reciting the said Will of the said Hugh Mair and the death of the said Hugh Mair and proof of his Will and hereinbefore recited Deed Poll that the funeral and testamentary expenses of the said Hugh Mair and his debts so far as they had been ascertained had been paid and satisfied and that the real and residuary personal estate of the said Hugh Mair then consisted of or was represented by the particulars mentioned and set forth in the Schedule thereto it was witnessed that the said James Williamson in exercise of the power for that purpose conferred by Statute and of all other powers (if any) him thereunto enabling thereby appointed the said Henry Egan Hill and Edward Ford North to be Trustees of the said Will in the place of the said John Menzies Robertson. And the said Henry Egan Hill and Edward Ford North thereby consented to be Trustees of the said Will accordingly. And it was also witnessed that in consideration of the premises the said James Williamson (inter alia) thereby conveyed unto the said James Williamson, Henry Egan Hill and Edward Ford North All the freehold hereditaments described in the first part of the Schedule thereto namely All the freehold messuages buildings lands and hereditaments situate in the following parishes at or near Dartmouth in the County of Devon namely:- Townstall, Stoke Fleming St. Saviours and St. Petrox and all other (if any) the real estate of the said Hugh Mair situate at or near Dartmouth aforesaid. And all other (if any) the freehold hereditaments of or to which the said Hugh Mair was seised or entitled at the time of his decease and which were then vested in the said James Williamson as the continuing Trustee of the said Will To hold the same unto and to the use of the said James Williamson, Henry Egan Hill and Edward Ford North in fee simple. And it was thereby provided that the said James Williamson Henry Egan Hill and Edward Ford North should stand possessed (inter alia) of all the said freehold hereditaments thereby conveyed and the rents profits and income thereof Upon the trusts and with and subject to the powers and provisions by and in the said Will declared and contained concerning the same respectively or such of them that were then subsisting or capable of taking effect.   And whereas the said Testator Hugh Mair was at the time of his decease seised in fee simple of (inter alia) the freehold hereditaments hereinafter described and hereby assured And whereas the Vendors as Trustees of the said Will and in pursuance of the trust for sale therein contained as aforesaid have agreed with the Council for the sale to the Council of the said freehold hereditaments and premises hereinafter described and the inheritance thereof in fee simple in possession free from incumbrances but subject to such reservation as is hereinafter contained for the sum of Fifty pounds and the covenants by the Council hereinafter contained Now this Indenture witnesseth that in pursuance of the said Agreement and in consideration of the sum of Fifty pounds to the Vendors paid by the Council on or before the execution of these presents (the receipt whereof the Vendors hereby acknowledge) and in consideration of the covenants by the Council hereinafter contained the Vendors as such Trustees as aforesaid do respectively hereby grant and convey unto the Council All those pieces of freehold land situate at or near Dartmouth aforesaid which are delineated and shewn on the Plan hereto annexed and thereon coloured green together with all buildings and erections thereon Except and reserving unto the Vendors the right for themselves, their heirs and assigns and their tenants owners or occupiers for the time being of the land coloured Brown on the said Plan or any part thereof and their servants and others authorised by them to land from or go into boats at Warfleet Creek and to land building materials and other goods there and to haul or convey the same over the existing private roadway leading from Warfleet Creek to the point marked “A” on the said Plan. To hold all the lands buildings and erections hereby assured unto and to the use of the Council its successors and assigns for ever Subject to the existing tenancies and rights mentioned in the first Schedule hereto but with the benefit of the rents and payments made in respect thereof And the Vendors hereby acknowledge the right of the Council to production of the documents of title mentioned in the second Schedule hereto and to delivery of copies thereof And the Council to the intent that the covenants hereinafter  contained may so far as possible bind the said premises hereby conveyed and very part thereof into whosesoever hands the same may come and enure for the benefit of the said James Williamson Henry Egan Hill and Edward Ford North their heirs and assigns and others claiming under them or under the said Testator Hugh Mair all or any of the lands or hereditaments forming part of the estate of the said Hugh Mair adjoining or near the said premises Doth  hereby for itself its successors and assigns covenant with the Vendors their heirs and assigns in manner following that is to say:- That the Council its successors or assigns will at its or their own expense within two years from the date hereof sow with grass seeds that portion of the said premises hereby conveyed which is hatched with black lines on the said Plan hereto annexed and place or erect seats there sufficient for at least fifteen persons and will permit the inhabitants and visitors of the said Borough of Clifton Dartmouth Hardness to have the use and enjoyment of all the said lands hereby conveyed for the purposes of recreation and will for ever hereafter maintain the same in proper order and condition for the purposes aforesaid and will not permit the same or any part thereof to be used for any other purpose except that the Council its successors or assigns may let the Cottage now owned by Mrs. C. Cox and the Old Lighthouse Tower now occupied by Mrs.(Herd?) or permit the same to be occupied as residences by caretakers or others And also will at its or their own expense make or construct a road in the position shewn on the said Plan hereunto annexed (by the color (sic.) blue or as to such part thereof as will be coincident with the existing road by the color red) with a kerbed and gravelled footpath on the side thereof adjoining the land of the Vendors colored Brown on the said Plan such road inclusive of the footpath to be of a uniform width of twenty five feet and to be properly metalled and will also at its or their own expense as and when required to meet the necessities of residents construct a six inch sewer under the said road for the drainage of the houses to be erected on the said land colored brown on the said plan and will from time to time connect the same with the sewerage system of the Council as occasion shall arise. And also will complete the said road to the satisfaction in all respects of the Surveyor of the Vendors within two years of the date of these presents and will forever thereafter maintain the said road and keep the same in good repair and condition and properly cleansed watered and lighted as a public road and will also as occasion shall arise as aforesaid construct the said sewer to the satisfaction of the Vendor’s Surveyor and afterwards keep the same in good repair and condition and properly cleansed and permit the owners and occupiers of the houses to be erected on the said land colored brown on the said Plan to connect their drains with such sewer. And also will at its or their own expense and within the said period of two years erect on the side of the said road next the said land colored brown on the said Plan a substantial dry wall of the height of five feet above the road and batter or sloe away the land at a safe angle where the embankment is above the height of the said wall but the Council its successors or assigns shall have the right during the said period of two years from the date hereof to take without payment stone from the Quarry on part of the Plots of land numbered 113 and 114 on the said Plan for the purpose of constructing or repairing the said road or building the said wall or for the purposes of any other improvements to be effected by the Council on the property hereby conveyed Provided always that the stone shall be taken from such parts of the said Quarry as the Surveyor of the Vendors their heirs or assigns shall direct and that any heading removed or rubbish created in quarrying shall be placed on such parts of the property as the Vendor’s their heirs or assigns at a reasonable distance from the Quarry as such Surveyor shall direct And also that the Council its successors or assigns will not permit either of the lime kilns which are now on the property to be used for burning lime after the expiration of the said period of two years except with the consent of the owners or owner for the time being of the land colored brown on the said plan In witness whereof the Vendors have hereunto set their respective hands and seals and the Council have caused their Common Seal to be hereunto affixed the day and the year first before written.

 

-The First Schedule before referred to –

 

Property or rights let         Tenants                     Annual rent

 

Right to take water at

Castle Cove                           War Department                    1/-

 

For use of property

for bathing purposes and     Bathing Club                            1/-

right of way to same

 

Right of depositing lime

at Warfleet Creek                  Veale C                                    1/-

                                                Adams J.H                               1/-

                                                Veale J.H.S.                            1/-

                                                Burman G.                                1/-

                                                Pillar R.C.                                 1/-

Cottage at Castle

(Old Lighthouse)                    Alert Mrs.                              £5

Lime Kiln                                Bartlett J.                              £2

House Roseback (sic.)

Castle                                     Cox Mrs. C                             £7

Garden at Castle                   Pike Mrs. H.                            7/6

Garden at Castle                   Pyne Mrs. P.                          £4

Garden at Castle                   Tucker Mrs. S                           5/-

 

 

 

 

The Second Schedule before referred to

 

The second schedule before referred to

23rd April 1864. The here in before we recited Indenture of conveyance of this date number 1

23rd April 1864. Indenture of this date made between the said Sir Henry Paul Seale of the first part, the said Hugh Mair of the second part, and John and Robert Stephens of the third part.

8th June 1864.  Indenture of this date between at the said Hugh Mair of the first part, John Mc Gregor Mc Cavendish have the second part, and the Scottish National Insurance Company of the third part.

7th October 1869. Indenture of this date endorsed on the last before mentioned Indenture made between the therein within named Scottish and National Insurance Company on the one part, and the therein named Hugh Mair of the other part.

6th June 1902. The hereinbefore the recited Deed Poll of this date

14th June 1909. The hereinbefore before the recited Indenture of this date.

 

Signed sealed and delivered by the before named him James Williamson in the presence of Thomas Roper Clarke to Messrs Williamson Hill and Company 13 Sherborne Lane London E C, Solicitor

 

Signed sealed and delivered by the before named Henry Egan Hill in the presence of Eli Edwards Clarke to Messrs Williamson and Company 13 Sherborne Lane EC solicitors.

 

Signed sealed and delivered by before named Edward Ford North in the presence of Alf Lidington Secretary 110 Cannon Street London.

 

The Common Seal of the Mayor Alderman and Burgesses of the Borough of Clifton Dartmouth Hardness was affixed hereto in the presence of H Roberts, town clerk.