1840 - Henry Dean's purchase for £102

This is a standard Lease/Release agreement used to pass ownership of the property to Henry Dean.

It is somewhat complicated by the fact that the owner (William Rose) has died so his executors (Michael Rose and William Hatten) are party to the lease.

In addition there is a Mortgage on the property granted by George Roberts who has also died. His executor (Robert Roberts) is party to the Release.

Finally, the purchase money that Henry Dean is using looks to be held in Trust for him so his Trustee, Henry Churchill, also gets a mention in the Release. 

I've provided a summary of both documents

Lease for a year

Messrs. Rose & Hatten
To
Mr. Henry Dean
June 5th 1840

 

THIS INDENTURE made the fifth day of June in the year of our Lord one thousand eight hundred and forty between
Michael Rose of North Aston, Yeoman, and
William Hatten of Dunstew, Blacksmith, of the one part
Henry Dean of Deddington, Farmer, of the other part

For and in consideration of 5/- apiece, Michael Rose and William Hatten lease…

All that messuage (now in two tenements) being in Philcock Street…late of John Hopcraft and William Banes and now of Thomas French and Joseph Kilby

A messuage late in the occupation of Thomas French being next on the south side
A messuage now in the occupation of John Malins being next on the north side

TO HAVE AND TO HOLD the said hereditaments…unto the said Henry Dean from the day next before the day of the date hereof and during and unto the full end of one whole year
thence next ensuing and fully to be complete and ended YIELDING AND PAYING unto the said Michael Rose and William Hatten the rent of one peppercorn at the expiration of the said term if the same shall be lawfully demanded

To the intent and purpose that by virtue of these presents and by force of the Statute of Uses the said Henry Dean may be in the actual possession of the said bargained hereditaments by a certain Indenture already made and intended to be dated the day next after the day of the date herein

[signature]

The Release

6th June 1840

Release of Messuage and Premises in Philcock Street Deddington with Surrender of Mortgage term to merge in the inheritance

??? under the Will of Mr. William Rose and Another
To Mr Henry Dean

Endorsed

Signed sealed and delivered by the within named Michael Rose and William Hatten in the presence of Samuel Field Solicitor Deddington

Received on the day of the date within written Indenture of and from the within named Henry Dean the sum of one hundred and two pounds being the consideration money within mentioned to be paid by him to me

Robert Rogers
Wit: Samuel Field

 

THIS INDENTURE made the sixth day of June one thousand eight hundred and forty between
Michael Rose of North Aston, Yeoman, of the first part
Michael Rose and William Hatten of Dunstew, Blacksmith, of the second part
Robert Rogers of Steeple Aston, Blacksmith, of the third part
Henry Dean of Deddington, Farmer, of the fourth part
Henry Churchill of Deddington, Grocer, of the fifth part

WHEREAS by Indenture  dated June 29th 1830 between John Hopcraft of the one part and William Rose and George Rogers both since deceased of the other part the hereditaments hereby described were granted to William Rose and George Rogers for the term of 1000 years subject to a proviso for redemption by payment of £100 plus interest by John Hopcraft  to William Rose and George Rogers.

WHEREAS by Indenture of Lease and  Release dated May 16th and 17th 1837 made between John Hopcraft and Michael Rose, the hereditaments were granted to the use of Michael Rose in trust ??? the said William Rose.

AND WHEREAS the said William Rose?? His said real estate ?? to the use of Michael Rose and to Edward Hatten and the said William Hatten in TRUST for the said Test[ators wife ?] and after her decease in Trust to sell

AND WHEREAS by Deed Poll June 5th 1840 Edward Hatten disclaimed all trust powers given to him in the Will of William Rose

AND WHEREAS the personal estate of William Rose was not sufficient for the payment of his debts [so] Michael Rose and William Hatten put up for sale by Public Auction the hereditaments described in the hereinbefore cited Mortgage.

Henry Dean was declared purchaser for the sum of £102

AND WHEREAS the said George Rogers made his will bearing date July 22nd 1839 and appointed Robert Rogers sole Executor and his will was proved June 3rd Instant [i.e. 1840] George Rogers having departed this life on or about September 20th now last past.

AND WHEREAS There is now due or owing to Robert Rogers under or by virtue of the firstly hereinbefore mentioned Indenture [i.e. the Mortgage of 1830]  the said principal sum of £100 and the sum of £2 Interest thereon

The said purchase money be paid to Robert Rogers in satisfaction of the money owing as aforesaid

Standard description of Messuage…now in the occupation of Thomas French and Joseph Kilby

A messuage late in the occupation of Thomas French being next on the South side
A messuage in occupation of John Malins being next on the North side

TO HAVE AND TO HOLD To the said Henry Dean for the term of his natural life To the use of the said Henry Churchill during the life of the said Henry Dean In Trust for him
And the said Henry Dean does hereby declare that his widow shall not be entitled to dower out of the said hereditaments

[Signature]