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SUMMARIES OF DEEDS RE BAYARDS
RESTAURANT.
10/6/1624
(1) INDENTURE of
between 1. Elias Corchervin of
and 2. Thomas Axford of
Consideration: £40 Term: For evermore
Description: ALL THAT messuage and one
garden thereunto adjoining in Southtown Dartmouth
- between the street or
way there on the East part
- the lands apptayning
to the parish of Stoke Fleming in the South part
- the way commonly
called "THE WAY ABOVE TOWN" on the WEST part
- and of Sir George
Southcott, Knight, on the North part
and all ways,
paths, rights etc etc as
They will produce
copies of any relevant deeds proving their title on demand, at the cost of
Thomas Axford.
[Notes by RF:
(a) The boundaries given are
interesting, as in the west the property extends to Above Town, not merely to
(b) Lands to the south are simply
described as "apptayning" i.e. belonging to the parish of Stoke
Fleming, and those in the north to Sir George Southcott, Knight. Southtown was originally all in the
parish of Stoke Fleming, of which Sir George Southcott was the Lord, so this makes sense. St. Petrox was for many years under Stoke
Fleming church, not with the
(c) Corchervin is not an old
(d) The writing on this deed is
exceptionally fine and legible for 17th century
9/11/1702 (2) -SEE NEWLY DISCOVERED LEASE FOR ONE YEAR,
the other half of this
sale, as desccribed at (a) below.
10/11/1702
(3) INDENTURE of bargain & sale
between 1. Thomas Floud of DM., gent., & Joan Spark,
widow
and 2.
Mary Lucas of DM., spinster.
Consideration: £50 each to T. Floud and Joan Spark.
T. Floud &
Joan Spark sell to Mary Lucas, "in her actual possession" by lease
to her made "for one whole year bearing the date next before the date
hereof and by force of the Statute for transferring uses into possession"......*
DESCRIPTION: ALL THAT messuage, tenement or dwelling house
in Southtown, DM., -over against Little Bearscove
- between the
lands now of Robert Hodge on the south,
- a little lane
on the north,
- lands late
of Staplehill, now of Joseph Bulley on the west,
- and
ALL which is now
in the severall possessions of Ambrose Andrews and others as undertenants to
Thomas Floud and Joan Spark.
AND FURTHER these
premises shall always remain unto Mary Lucas and her heirs... for ever...
freely acquitted and ... discharged from
all... incumbrances and demands whatsoever ... made .. on Th. Floud and J. Spark by Elizabeth
Smyth (the late mother), Joan Watson (the late grandmother) and John Watson
(the late grandfather) of the said Joan Spark
[Notes by RF:
a. *This is an example of a Legal Fiction known
as "Uses," common up to 1845, when a property to be sold was first
leased for a year by the vendor to the purchaser for a nominal sum, often five
shillings, at a peppercorn rent, by an indenture dated the day before the sale
indenture. This meant the sale did not
have to be registered at the court at
The effect of the proceedure was to
transfer the property from the vendor to the purchaser in fee simple (freehold)
for a normal sale price.
b. At this time, 1702, Little Bearscove is
called a "
c. Since 1624 the garden and land to the West,
previously extending to Above Town, has been sold and is now referred to as
"late of Staplehill, now of Joseph Bulley."
d. All the names here are of important
NEWLY DISCOVERED
DOCUMENT shows that by 1734 the property had been acquired by Richard Abraham,
6/5/1734 (4) WILL of Richard Abraham of
30/4/1750. Will was proved. Terms:
Gifts of "one
guinea of gold to my beloved wife Sarah" and to several other relatives.
To daughter Elizabeth
Wotton, widow, for life or so long as she remains unmarried my dwellinghouse in the parish of
St. Petrox lying against Bearscove
Slip between the houses of Captain Hodge and Mr. John Manley, goldsmith.
To grandaughters Ann and
Elizabeth Wotton his said dwellinghouse [same description]
on the death of their mother Elizabeth Wotton, then to their heirs.
All rest of his lands,
goods and chattles to his grandaughters, whom he makes his executrixes.
[This Will
explains the next document. Richard
Abraham has now died, and his daughter (now remarried to Thomas) and two
grandaughters, one now married to R. Ireland, inherit his house. They all sell it to Richard Devonshire.]
28/7/1750
(5) INDENTURE OF Bargain & sale
BETWEEN 1.
Elizabeth Thomas of Widecombe, daughter & heir of Richard Abraham of DM.,
taylor, deceased; Ann Wotton of Doddiscombeleigh, spinster; Robert
(Ann and
Elizabeth being grand daughters of Richard Abraham.)
2. Richard Devonshire of DM. house joyner and
carpenter.
WHEREAS by deed
of 15/10/1747 between 1. Richard Abraham and 2. Samuel Lidstone, mariner,
Richard Abraham sold to S. Lidstone :
DESCRIPTION: the messuage ....and Dwelling house over
against Little Bearscove SLIP,
- between the
lands late of Robert Hodge, mariner, deceased, on the south,
- the little lane
on the north,
- the lands late
of Byrch, heretofore of Jago on the west,
- and
ALL WHICH were
before in the possession of Ambrose Andrews, and were formerly the lands of
Smith, afterwards of Floud then Mary Lucas, spinster, of whom Richard Abraham
purchased same,
Richard Abraham
mortgaged the property for £30 plus interest, making £31.16.11d, to Samuel
Lidstone, which sum was not paid, so it was fortfeit to
AND WHEREAS by a
four-part indenture dated 17/7/1750 between:
1. Samuel Lidstone
2. Elizabeth Thomas, Ann Wotton, Robert Ireland
and his wife Elizabeth
3. Richard Devonshire
4. Austin Stone, peruke maker, of Dm.
NOW Samuel Lidstone sells the property to
Richard Devonshire for consideration of £31.16.11d, with consent of Elizabeth
Thomas, Ann Wotton and Robert and Elizabeth Ireland, and Austin Stone mortgages
the property to Richard Devonshire.
[The actual
document is here included, transcribed below.]
17/7/1750 (6)
ASSIGNMENT OF MORTGAGE: Samuel
Lidstone assigns his mortage on the property to Austin Stone, in trust for
Richard Devonshire.
[Note by RF: Here we have two documents which show the
transfer of the property from the heirs of Richard Abraham to Richard
Devonshire. There is a mortgage held by
Samuel Lidstone, but this is transferred to Austin Stone, in trust for Richard
Devonshire. He held it for 24 years before selling it, see next page.]
25/6/1774 (7) INDENTURE
OF LEASE between:
1. Richard Devonshire of DM, Joiner
and 2.
Thomas Pering, gent.
Consideration: 5 shillings paid to Richard Devonshire by
Thomas Pering.
Term: One year.
Rent: One peppercorn if demanded.
Description of
property:
+ALL that
messuage, tenement and dwellinghouse ... lying in Southtown .. over against
Little Bearscove Slip ....
- between the
lands late of Robert Hodge, Mariner, deceased, on the south part,
- the little lane
on the north part,
- the lands late
of Byrch heretofore of Jago on the West part
- and the
ALL which said
premises were heretofore in the possession of Ambrose and Andrews .... and were
formerly the lands of Smith, afterwards of Floud, since of Mary Lucas after
that of Richard Abraham, Taylor, deceased and now of Richard Devonshire,
"by force of
the Statute made for transferring uses into the possession of Thomas
Pering."
[Note by RF: See
note under Doc. 2 regarding the use of this legal fiction. Here we have both the lease, dated 25/6/1774,
and, below, the Bargain & Sale indenture dated the following day,
26/6/1774, transferring the property by a mortgage to Thomas Pering.]
26/6/1774 (8) INDENTURE OF BARGAIN AND
1. Richard Devonshire of DM., Joiner,
and 2.
Thomas Pering, gent.
MORTGAGE of £40
plus interest.
WHEREAS now
Richard Devonshire is seized in fee simple of the Messuage and Dwellinghouse
over against Little Bearscove Slip
(description as above, at +)
AND Richard
Devononshire wishing to borrow £40 at interest, he has applied to Thomas Pering
NOW Richard
Devonshire sells to Thomas Pering his property (as above, +)
PROVIDED that if
R. Devonshire pays to T. Pering £40 plus interest T. Pering or his heirs will
release the property to R. Devonshire.
[Another pair of indentures, (9) a lease for
1 year, (10) a bargain and sale.]
24/9/1782 (9) INDENTURE OF LEASE between:
1. Thomas Pering Gent., William Wolcott,
surgeon, and
and 2.
Andrew Pinson of DM., merchant.
Consideration: 5 shillings paid by Andrew Pinson to each of
Pering, Wolcott & Way
Term: one year
Rent: one peppercorn, if demanded
Description: As + in Doc. 5.
[Here follows the
real Bargain & sale, previously transcribed, dated the following day]:
25/9/1782 (10) INDENTURE OF BARGAIN & SALE between
1. Thomas Pering of
2. William Wolcott of
DM., surgeon and
3. James Devonshire of
(which James, Thomasine
& Ann are brother and sisters of Richard Devonshire and beneficial legatees in his will.)
4. Andrew Pinson of
Reciting that:
Richard Devonshire owned in fee simple (freehold) the messuage tenement and
dwelling house in Southtown lying AGAINST LITTLE BEARSCOVE SLIP between
-
- the
lands late of Robert Hodge, mariner, deceased, on the South part
- the
little lane on the North part
- the
lands late of Byrch, before that Jagoe on the West part
- Lower
St. leading to GREAT BEARSCOVE on the East.
....formerly in
possession of Ambrose, and Andrews and others, and were formerly the lands of
Smith, afterwards of ?(illegible) since of Mary Lucas, Spinster, and after that
of Richard Abraham Taylor deceased, then of Richard Devonshire.
Richard
Devonshire borrowed £40 at interest from Thomas Pering on the security of the
premises. Richard died, leaving a will
of 2/2/1782 bequeathing to William Wolcott and
NOW, Joan having died, Wolcott and Way have contracted to sell the premises to
Andrew Pinson for £140, out of which the £40 + interest of £2.10. will be
repaid to Thomas Pering, and the balance of £97.10 divided equally between
James Devonshire and his sisters Thomasine and Ann.
[Another pair of
Indentures, (11) a lease and (12) a Bargain & Sale, under the Statute of
Uses, the lease dated one day before the Bargain & Sale.]
24/9/1783 (11) INDENTURE
OF LEASE between:
1. Andrew Pinson of DM. merchant
and 2.
Consideration: 5
shillings paid by
Term: One year
Rent: One peppercorn, if demanded.
Description of
premises: As before, in deed of
25/9/1782
[This one was transcribed by me
before]
25/9/1783 (12) INDENTURE OF BARGAIN & SALE
between 1. Andrew Pinson of DM., merchant
and 2.
(Same description
of the premises.)
Recites the gist
of the indenture of 25/9/1782 . Whereas
the consideration money therein mentioned to be paid by Andrew Pinson to the
different persons entitled to the same was the proper monies of Thomas Way, and
the name of Andrew Pinson only made use of in trust for him,
NOW..for the
consideration aforesaid and for 10 shillings paid to Andrew by Thomas Way,
Andrew Pinson sells to Thomas way the premises described for one whole year
in consideration of 5 shillings by indenture bearing the date next before this
present date..... by force of statute transferring uses into possession.
[Note by RF: This confirms what I said when I saw this
indenture alone - it is part of a legal fiction. The result is that the property is sold by
Pinson to Way.]
19/1/1816 (13) WILL OF THOMAS WAY:
He leaves all his lands,
messuages and tenements (not described) to his son, Thomas Way.
Signed by him in presence of James Wotton, Grace Hunt and Mary Oliver.
21/3/1826 PROBATE granted to Thomas Way after
death of his father.
[Note by RF: By the Real Property Act of 1845 the custom
of making leases for one year was abolished and there was no longer a reference
to the Statute of Uses.]
10/8/1849 (14) INDENTURE
OF MORTGAGE FOR £120
Between 1. Thomas Way, gent.,
and 2. Charles Henry Brooking of
Brixham, Surgeon.
WHEREAS by the last will and testament of his father,
Thomas Way, Glazier, this Thomas Way became entitled in fee simple to the
DWELLING HOUSE KNOWN AS THE ROYAL OAK .......
NOW Thomas Way,
in consideration of £120 plus interest lent by Charles. H. Brooking sells to
Brooking:
DESCRIPTION:
"All that messuage tenement or dwelling house called the Royal Oak with
the small tenement, court, cellar and brewhouse adjoining ..... now in
occupation of Edward Bastard as tenant to Thomas Way..... for the term of 500 years at a rent of one
peppercorn..
PROVIDED THAT if
Thomas Way shall pay to Charles Brooking the full sum of £120 plus interest at
5% ....these presents [i.e. the terms of this indenture] shall be void.....
SIX MONTHS NOTICE
is to be given by Charles Brooking to Thomas Way to repay the money before he
sells the property.
INSURANCE OF THE
PROPERTY is the responsibility of Thomas Way.
[WRITTEN ON BACK
OF THE ABOVE INDENTURE]:
17/3/1890 INDENTURE between 1.
Charles Henry Brooking
and 2.
Mary Eliza Cosens Way, spinster.
WHEREAS Charles
Way died on 28/2/1889 possessed of the premises (as above), leaving it to his
daughter Mary E.C. Way, NOW as the mortgage and interest due is paid off by
Mary to Charles Brooking she becomes the owner.
17/6/1850 (15) WILL OF THOMAS WAY, PAINTER. (Died 1852)
He leaves to his son Charles Way:
a.
a garden in Townstall, now occupied by Henry Follett, on which Charles
is to pay a mortgage.
b.
a leasehold house on New Quay, now occupied by William Evans, on which Charles is to pay a
mortgage.
c.
A HOUSE CALLED THE ROYAL OAK opposite to Bearscove Passage Way, on which he is to pay a mortgage.
Charles is to sell the last two
houses to pay off the mortgages.
He leaves to his son William Way:
a.
his house in South Ford Lane now occupied by Mr. Saint Delmas,
b.
a leasehold house in Spithead now occupied by himself on which he is to
pay the mortgage.
He leaves to his daughter Susannah
Jones Follett:
a.
a house and garden in Townstall
b.
a leashold house in Spithead next to her brother's. She is to pay no debt on it - his executors must do this.
26/6/1875 (16) MEMORANDUM OF AGREEMENT:
Between
1. Charles Way, son of Thomas Way
and 2.
Paignton Brewing & Trading Co.
AGREEMENT: to let
the messuage and tenement known as the ROYAL OAK together with the stores and
cottages adjoining for a term of 21 years determinable at the option of the
Paignton Brewing Company at six months notice.
30/5/1889 (17) WILL
OF CHARLES WAY THE ELDER, [DIED
20/2/1889]
of 20,
Victoria Parade, Torquay, Artist.
- Probate granted to his daughter
Mary Eliza Cosens Way, spinster, who is to be his executrix, and to whom he
leaves his house in Victoria Parade with all pictures, furniture, drawings etc.
- £500 owing to him from his
son-in-law Charles Heaviside to go to his daughter, Mrs. Sarah Heaviside.
-
All rest of property including three houses in Dartmouth and policy on
son Francis Hopkins Way to Mary E.C. Way upon trust to sell after his death and
out of purchase money, after paying debts and funeral expenses to keep £400 for
herself.
- Remainder of purchase money and any
other proceeds to be equally divided between his remaining six children, -
Thomas, Charles, William, Frederick, Francis and Mary E.C. Way.
INLAND
REVENUE FORM
28/2/1890 (18)
Records sale of freehold property called the Royal Oak with small tenement adjoining it, then
in occupation of Messrs GOTTWALTZ FOR £425 plus
£43.10.07 rent and interest, duty paid £7.0.6.
20/11/1890 (19) INDENTURE OF SALE:
Between 1.
Mary E.C.Way, spinster,
and 2. Thomas Way, carver and gilder.
Consideration: £425
DESCRIPTION: Messuage, tenement or Dwelling house called
the Royal Oak with small tenement court cellar and Brewhouse adjoining, ......
in the occupation of Messrs Gottwaltz and Lind as tenants....
[Note by RF: There is a gap in these documents after this
point, as by 1902 the Royal Oak is owned by Henry Swayne Esq.]
[In buff
envelope]
1902-4 (20)
SPECIFICATION AND ESTIMATES FOR REBUILDING THE ROYAL OAK
Dec/1902-Nov.
1904 - Bill for professional services by E.H.Back, architect, for survey, plans,
specification, elevation, etc. for the demolition of the old building and
erecting a new one. Cost given as
£867.13.7.
23/10/1903 Letter from E.H.Back, architect, to Henry
Swayne enclosing a specification for
the work to be done on the Royal Oak.
Extracts given below:
"Generally, take
down the whole of the old buildings, remove all floors, etc and clear away, any
materials fit for the purpose may with the sanction of the architect be reused
in the new work.
"Provide temporary
Bar for carrying on the business, which is to be formed by retaining the
present passage partition and erecting skeleton partition on the other side and
end and lining same with 3/4 " match boarding leaving the present ceiling
and flooring over...........
Provide tarpaulings for
keeping wet from penetrating into Bar, and provide any necessary boarding etc.
for the protection of the tenant and Mr. Andrew's tenement."
adjoining."
[Rest of spec.
not transcribed as quite easy to read.
However, note p. 12]:
Windows: ....... those with semicircular heads as
per detail to be given, .........
1903 - Tenders by
various local builders for the work, ranging from £803 - £1065.
No date: Re Royal Oak, Dartmouth, Account of Purchase
money: £1075 [does not say to whom sold.]