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RFSUMMER
COLLECTION OF DEEDS RE HOUSE AND GARDENS CALLED
SUMMERLAND.
[The following
two Abstracts of Title were drawn up by solicitors to prove the ownership of
the property by Misses Sarah and Betsey Whitney and their heirs. The deeds referred to in the Abstracts must
have been seen by the solicitors then, but only some are here in this
collection - they are indicated by a *.
The first
Abstract, dated July 1848, contains a pedigree of the Hine family who formerly
owned part of the garden and had sold it to the Matthews family, who had to
prove their title before selling it to Miss Whitney. The second, drawn up in
1863, has a pedigree of the Whitney/Tozer family, who owned the house and
gardens and in turn were about to sell them to
William Barter.]
July 1848 ABSTRACT
OF TITLE OF MATTHEWS FAMILY
to garden in
The Matthews
family consisted of: Jane Rich Matthews Matthews, John Marks Matthews, Mary the
wife of Henry Downing, Harriet Matthews, Thomas Joseph Matthews and Ann Maria
Matthews. They were the children of John
Marks Matthews and his wife Jenny, to whom Miss Mary Hughes sold the property
in 1830. Mary Hughes, through her mother
nee Ann Hine was descended from the earlier Ann Hine mentioned in the first
deed below.
17/8/1728
1735 William
Fortescue inherited this property.
23/6/1735 William
Fortescue sold the property to Ann Hyne for £24.
Description:
"All that
one garden now and formerly enjoyed ..with the said tenement ..situate in
on the west side of the lane going towards
on the east side of the heirs of John Furzeham
on the south side of the street
there called
on the north side of the land sometime of High Richards
22/3/1760 Will
of Elizabeth Hine. Recites that the
said dwelling house and garden were given to her by Ann Hine. She (
25/11/1800 Will
of Samuel Hine (the younger in above will.)
He gives to his daughters Susannah and Joan Hine his "messuage,
tenement or dwelling house" and garden then in his possession.
all of which
premises were then in the tenure of Ann Hyne"
[No further
description.]
8/2/1805
Will of Susannah Hine gave this property to her sister Joan.
14/4/1829 Will
of Joan Hine gave this property to her niece Mary Hughes, daughter of her sister Ann who
had married Mr. Hughes.
28/9/1830 *
Description: Piece of land in
on south, by
on east by lands belonging to John
Coaker
on north by lands belonging to the
Misses Whitney
on west by a lane there leading from
7/7/1831 Will
of John M. Matthews: gave to wife
Jenny the garden adjoining premises of Miss Whitney. Same description as in sale of 1830.
21/8/1847 Will
of Mrs Jenny Matthews: gave the same
garden to ALL her children. She died on 20/2/1848
Thus all the Matthews children,
listed at beginning, have the right to sell this property *to Miss Betsey Whitney on 2/8/1848.
1863 ABSTRACT
OF TITLE TO HOUSE, SUMMERLAND VILLA
AND GARDENS.
29/6/1815 *
By indenture of Lease & Release,
between 1. the
and
2. Mary Whitney, widow.
for consideration of £150 Mary Whitney bought
the premises.
(To prove the
ownership of the
James Cox of DM.
in his will of 17/3/1771, left his "messuage or DWELLING HOUSE AND
GARDEN" to William Hunt of DM. surgeon to the use and behoof of the
testator's wife Betty Cox for her life or until she remarried. (i.e. she would get the income from it.) After her death or remarriage, it would pass
to their daughter Betty Cox and her "children lawfully begotten."
It recites that
Mrs Mary Cox has died, as has the daughter Betty Cox, who married Mr.
Gardner. Her children, now the legal
heirs, are: Mary Louisa Langdon, Mark
Hill Gardner, Rosden Banfill, Ann Hill Gardner and Jemima Gardner. They collectively now sell the property
described below to Mary Whitney:
Description: "All that messuage tenement or Dwelling
House and Garden thereunto belonging (formerly two messuages or tenements or
Dwelling Houses and two gardens) with their appurtenances situate... at
Hardness .. DM...bounded with
- lands formerly of one Lumley, late of
Roger Bidgood then of Mary Whitney on east,
- a little lane leading from St. Clares
to the
- the lane leading from St. Clares to
- the lands formerly of Edmund
Fortescue Esq, then Samuel Hine on the south,"
and which
messuage, tenement or Dwelling House were formerly in possession of William
Woodley, afterwards of James Cox, then of the
1816 *Chirograph
of final agreement confirming the above lease and release at Court of
Westminster.
AS TO GARDEN
BELOW EAST END OF LAST PREMISES.
2/5/1794 Roger
Bidgood in his will gave to to Peter Clark and Samuel Ford
"All that garden
and stable" situated in North Ford Lane, to the use [i.e. income] of
his niece Mary Luckis, daughter of his sister Mrs Sarah Luckis) and her husband John Whitney, she would have
the use during her and her husband's life, and in case he should survive her,
then as to the lower part of the said garden as the same was then divided by a
wall, from and immediately after her decease."
"As to the
Stable and the higher part of the said garden, as it was then divided,... to
the use of such person as Mary Whitney whould give or devise, in default of
this, to her children by John Whitney and their lawful heirs.
"As to the
lower part of the said garden as same was then divided, to the use of Roger
Bidgood Whitney & his heirs.."
[Pedigree shows he died intestate and without heirs in 1824]
10/3/1821 Will
of Mary Whitney, widow. [She died in
1821] She left all her freehold property
to
her daughters
Sarah and Betsey, after their deaths equally to the rest of her children, then
to their heirs, who were to share their parents' share.
The garden given
by the will of Mr. R. Bidgood became converted into one garden. "I [the solicitor?] believe Mr.
R.B.Whitney in his lifetime though not by Deed gave up alll his interest in it
to his sisters Sarah and Betsey. R.B.
Whitney died in
2/8/1848 *
Description:
...Garden situate
in
- on
- on east by lands of John Coaker
- on north by lands belonging to the
Misses Whitney
- on the west by a lane leading from N.
Ford Lane to Townstal Almshouse and lands then
late of Thomas Floud deceased.
18/12/1849 Sarah
Whitney died.
30/12/1858 Betsey
Whitney made her will giving "that garden ...which was purchased by
her to afford an entrance from Ford Lane to a Dwelling House called Summerland
Villa on Browns' Hill" to the same
person upon trust, and subject to the same provisions to which the Dwelling
house stands ... under the will of her deceased mother Mary Whitney." She appointed as executors Clement Henry Venn
and Goeorge Mundy Jauncey.
9/3/1859 Betsey Whitney died. Her sister Mrs Jane Jauncey, and her two
nephews John Alfred Tozer and Bidgood Whitney Tozer, children of her deceased
sister Mrs Mary Tozer, survived. By
the mother, Mary
Whitney's, will, Mrs. Jauncey became entitled to one half of the property, and
the two nephews to the other half between them.
21/11/1862 Mrs
Jane Jauncey made her will, leaving her estate to her son George Mundy
Jauncey.
23/3/1863 Mrs
Jauncey died.
[After the legal
title had been cleared up by this, Summerland Villa was sold for £310 by George
Jauncey and the two Tozer nephews. See
deed of 28/11/1863]
SUMMARY OF DEEDS RELATING TO
SUMMERLAND AND ITS GARDENS.
29/6/1815 Indenture
of Lease for a year between
1.
and 2.
Mary Whitney, widow.
Consideration: 5
shillings Rent: 1 peppercorn Term: 1 year.
@Description: "All that messuage tenement or Dwelling
House and Garden thereunto belonging (formerly two messuages or tenements or
Dwelling Houses and two gardens) with their appurtenances situate... at
Hardness .. DM...bounded with
- lands formerly of one Lumley, late of
Roger Bidgood then of Mary Whitney on east,
- a little lane leading from St. Clares
to the
- the lane leading from St. Clares to
- the lands formerly of Edmund
Fortescue Esq, then Samuel Hine on the south,"
and which
messuage, tenement or Dwelling House were formerly in possession of William
Woodley of DM., bargeman, afterwards of James Cox, then of the
30/6/1815 Indenture
of Bargain & Sale between:
1.
and 2. Mary Whitney, widow.
Consideration: £150
Description: as above, at @
[Note by RF: This is an example of a "Lease &
Release", which was a legal device to save feudal payments by leasing the
property for a year starting the day BEFORE the sale date, thus claiming that
the purchaser was already in possession of the property when it was sold. See similar pair dated 1830 on next
page. It was not abolished until the
mid-19th century.]
1816 Chirograph
of final agreement in Court of Westminster between the two parties above,
agreeing that Mary Whitney now had the right to own the property.
[A similar pair of
indentures, of lease & release]
28/9/1830 Indenture
of Lease for a year between 1. Mary Hughes of DM. spinster
and 2.
John Browne Smith of DM. gent. (a solicitor)
(actually
in trust for John Matthews.)
Consideration: 5 shillings.
Rent: 1 peppercorn. Term:
1 year
Description: "that garden ..situate in
- on south by
- on east by lands of John Coaker
- on north by lands of the Misses
Whitney
- on the wests by the lane leading from
and lands late of Thomas Floud
deceased
which said garden
was conveyed together with a house to Ann Hine from whom Mary Hughes has her
title (quotes earlier description of
garden)
29/9/1830 Indenture
of Release of Bargain & Sale
between 1.
Miss Hughes
and 2. Mr. John Marks Matthews, peruke maker
and 3. John Browne Smith, "a person nominated
in trust for J.M. Matthews."
Consideration: £45
Description: As before in the Lease, above.
The garden passes
from Mary Hughes to John Matthews.
[By 1845 the old
"Lease & Release" usage had been replaced by the more modern form
of conveyance.]
7/6/1848 CONTRACT
FOR
and 2.
Samuel Were Prideaux, gent. [a solicitor]
Consideration: £55
Description: Garden at
[The Matthews
family agree to provide an Abstract of Title - see page 1 - to the garden. Prideaux is clearly acting as a trustee for
Miss B. Whitney, see below.]
2/8/1848 Indenture
of sale between 1. Matthews family, as above
and 2.
Betsey Whitney, spinster.
Consideration: £55.
Description: Garden in
- on south by
- on east by lands of John Coaker
- on north by lands of Miss Whitney
- on west by lane leading from N. Ford
Lane to Townstal almshouses and lands then late
of Thomas Floud deceased but now of Ann Whitney, widow.
2/8/1848 FORM,
filled in by S.W.Prideaux, saying that in accordance with an Act re
acknowledgment of deeds by married
women, they have personally examined Mary Downing apart from her husband and
are satisfied that she understood the document.
[See Abstract of
Title: Death, 1859 of Betsey Whitney,
and in 1863 of her sister Mrs Jauncey.
Property now passes to George Jauncey and two Tozer nephews.]
28/11/1863 CONVEYANCE
between 1. Jn. Alfred Tozer of
Bidgood Whitney Tozer of
and 2.
George Mundy Jauncey, gent., of Middx.
and 3.
William Barter of
Consideration: £155 paid by Barter to (1) jointly and (2).
Description: All those two undivided moieties in all that
messuage or dwellinghouse together with the gardens adjoining and annexed to
the same ... known as SUMMERLAND VILLA, formerly in occupation of the Misses
Whitney, deceased, situated in Slippery Hill Dartmouth, bounded by:
- on the west by the little lane from
St. Clair's Terrace to
- on the north by Slippery Hill
- on the south by
- on the east by the lands of Sir Henry
Paul Seale.
20/5/1853 Will
of William Barter. Leaves his
freehold estates to his wife Elizabeth Barter, including any ships or shares in
ships he owns. His mother Sarah Barter
of
He died 18th
December 1865, and the will was proved
24/2/1866
6/5/1867 CONVEYANCE
between 1. Mrs E. Barter, widow, of Moat House,
and 2.
Mark Fox, of
Consideration: £475
Description: All those two undivided moieties in all that
messuage or dwellinghouse together with the gardens adjoining and annexed to
the same ... known as SUMMERLAND VILLA, formerly in occupation of the Misses
Whitney, deceased, situated in Slippery Hill Dartmouth, bounded by:
- on the west by the little lane from
St. Clair's Terrace to
- on the north by Slippery Hill
- on the south by
- on the east by the lands of Sir Henry
Paul Seale.
[Mark Fox, and
his father before him, owned the grocers and wine merchants on the New Quay next
to the Castle Hotel, now Cundell's. See
will of father John Fox, 1855, died 1858, leaving him the business. Mark was living above the shop in the 1861
Census.]
5/5/1855 Will
of John Fox. (died 29/10/1858)
He leaves his
share in vessel "Queen of the Dart" to son John Palk Fox; to his son Mark Fox his business, as he now
carries it on, and all rest of his personal estate after payment of small
legacies.
18/10/1889 Will
of Mark Fox: (died 13/6/1893) [Two
copies, one handwritten, one typed.]
Gives Broadwood
piano "now in dining room at Summerland to greatniece Beatrice Jones,
daughter of George Jones of DM. shoemaker.
Various annuities
to be paid out of his estate. Then
"to Ann Austin, my wife or reputed wife" his furniture, silver, and
the income from his estates for her life or until she marries. After her death
or marriage his trustees to sell all his estate, and after various bequests in
lieu of the annuities rest to be divided between his nephews Mark Whittle and
Charles Fox who are to act as his executors.
[The will does not mention Summerlands, but it
is implied that Ann Austin would remain there until her death.]
OTHER DEEDS RE MARK FOX
9/1/1865
by 1.
Hyman Hyman, Jeweller
to 2.
Mark Fox, Grocer.
Price: £750
Rent (to Corporation) £1 a year
1919: An Abstract of Title was made to prove title
of heirs of Mark Fox. It declares that
all Fox's property was left first to his widow, then to Mark Whittle and
Charles Fox. ANNIE AUSTIN DIED IN 1914.
Mark Whittle died in 1912, so now the owner is Charles Fox, who sells
the property in
[It seems likely
therefore that Summerlands was occupied by Annie Austin until 1914. After that there is no information.]
TWO LETTERS RE MARK FOX'S PROPERTY,
NOT SUMMERLANDS.
12/10/1868 Handwritten
letter from Mark Fox to ?his solicitor or Agent:
Dear Sir, When you again see Miss Holditch on the
question of Cowle's property, will you kindly arrange with her for an agreement
to be drawn up between us relative to the window question on which I was
speaking to you a few days ago. Yours
Respectfully, Mark Fox.
20/10/1868 Handwritten
letter from F.M. Holditch to Mark Fox, Slippery Hill.
Holditch agrees
to pay Fox one halfpenny per annum for the privilege of the open window in the
kitchen of the house in