CONVEYANCE & ASSIGNMENT OF RICHARD GOWLLAND   1850

 

 

THIS INDENTURE made the Fourteenth day of October One thousand Eight hundred and fifty BETWEEN Sophia Ann Colyer of number 8 Holwell Place Blackheath Road in the County of Kent Spinster of the first part Edward Brock of number 10 Sackville Street Piccadilly London Tailor of the second part James crabb of Greenwich in the said County of Kent of the third part and Richard Gowlland of 34 Finsbury Square in the County of Middlesex Esquire Commander in Her Majestys Service in the fourth part WHEREAS by an Indenture or Deed dated the twenty fifth day of January One thousand Eight hundred and forty seven and expressed to be made between Sophia May of the first part the said Sophia Ann Colyer of the second part and the said James Crabb of the third part ALL those the freehold and leasehold hereditaments and other the chattels real and personal intended to be hereby respectively granted and assigned unto the said Richard Gowlland his heirs executors administrators and assigns were respectively limited and assigned unto the said James Crabb his heirs executors administrators and assigns upon trust nevertheless that he the said James Crabb his heirs executors administrators and assigns should permit and suffer the said Sophia May or her Agent to receive and take the Rents interest and annual income of the said hereditaments and premises to and for her own absolute use and benefit for and during the term of her natural life and from  and after her decease then upon trust for the said Sophie Ann Colyer her heirs executors administrators and assigns WHEREAS the said Sophia May died on or about the fifteenth day of March One thousand Eight hundred and forty seven AND WHEREAS by an Indenture dated the eleventh day of July One thousand Eight hundred and forty eight and expressed to be made between the said Sophia Ann Colyer of the first part the said James Crabb of the second part and Edward Lambert Prior Purvis and Samuel Shove of the third part ALL those seven several messuages or tenements situate standing and being in the parish of St Alphage Greenwich aforesaid and being numbered 4, 5, 6, 7, 8, 9 and 10 in a certain Street there called Cold Bath Row with their appurtenances being part of the leasehold hereditaments mentioned and comprised in the said indenture of the twenty seventh day of January One thousand Eight hundred and forty should be settled upon the trusts hereinafter declared thereof NOW THIS INDENTURE WITNESSETH that in pursuance of the said Agreement and in consideration of the said intended marriage he the said James Crabb by the direction of the said Sophia Ann Colyer and with the privily and approbation of the said Edward Brock testified by their severally executing these presents doth hereby grant and she the said Sophia Ann Colyer with the privily and approbation of the said Edward Brock doth hereby grant and confirm unto the said Richard Gowlland his heirs and assigns ALL THOSE eight freehold messuages testaments or dwelling houses situate and being in Park Street Ilford in the county of Essex and also all other the freehold messuages tenements lands and hereditaments (if any) formerly belonging to her the said Sophia May deceased whatsoever and whosesoever together with all rights members and appurtenances thereto belonging or in any way appertaining AND ALL the estate right title interest claim and demand of them the said James Crabb and Sophia Ann Colyer or either of them in to or upon the said hereditaments and premises and every part thereof respectively to hold the said messuages tenements or dwelling houses hereditaments and premises hereby granted or intended so to be with their appurtenances unto and to the use of the said Richard Gowlland and his heirs upon the trusts and to and for the end intents and purposes and subject to the provisions and declarations hereinafter declared and contained of an concerning the same AND THIS INDENTURE FURTHER WITNESSETH that for the considerations aforesaid he the said James Crabb by the direction of the said Sophia Ann Colyer and with the privity and approbation of the said Edward Brock testified as aforesaid doth hereby assign and transfer unto the said Richard Gowlland his executors administrators and assigns ALL THOSE Six Leaseholds messuages tenements or dwelling houses situate and being at Holwell Place Blackheath Road aforesaid in the respective tenures or occupations of Charles Thompson 6 and 7 unoccupied [sic] 8 of the said Sophia Ann Colyer and number 9 of Francis Cuff respectively AND ALSO ALL those three leasehold messuages tenements or dwelling houses situate and being in Blackheath Hill in the respective tenures or occupations of Reuben Webster King Thompson and John Peck respectively AND ALSO ALL other the leasehold formerly of her the said Sophia May whatsoever and wheresoever together with the rights members and appurtenances thereto respectively belonging AND ALL the estate right title term and interest of her the said Sophia Ann Colyer in or to the said premises to hold the said messuages tenements or dwelling houses and premises unto the said Richard Gowlland his executors administrators and assigns for the residue now unexpired of the several terms of years granted by the indentures of lease under which the same are respectively held subject nevertheless as to such part or parts of the said leasehold hereditaments as are mentioned and comprised in the said indenture of the seventh day of July one thousand eight hundred and forty eight to the trusts in the said indenture expressed and declared of and concerning the same and subject also as to all the said leasehold hereditaments respectively  to the rents covenants and conditions in such leases respectively reserved and contained and on the part of the lessees or lessee their his or her executors administrators or assigns to be paid observed and performed upon the trusts and to and for the several ends intents and purposes and subject to the provisoes and declarations hereinafter contained of and concerning the same AND THIS INDENTURE LASTLY WITNESSETH that for the consideration aforesaid he the said James Crabb by the direction of the said Sophia Ann Colyer and with the privity and approbation of the said Edward Brock testified as aforesaid and doth hereby assign and transfer unto the said Richard Gowlland his executors administrators and assigns ALL principal sums and other monies now due and owing to the said Sophia Ann Colyer and whether secured or not secured to her AND ALSO all securities for the same AND ALSO ALL and every the household furniture plate beds fixtures prints books glass linen wearing apparel utensils implements and  things of the said Sophia Ann Colyer which are now in about and belonging to the dwelling house and premises of the said Sophia Ann Colyer situated and being number 4 Holwell Place Blackheath Road aforesaid or elsewhere AND ALL the right title interests and property of the said Sophia Ann Colyer and to the said monies securities household furniture chattels and premises and every part and parcel thereof TO HAVE AND TO HOLD receive take and enjoy the said monies furniture chattels and premises assigned or intended so to be unto the said Richard Gowlland his executors and administrators and assigns UPON THE TRUSTS and to and for the several ends intents and purposes and subject to the provisoes [sic] and declarations hereinafter contained of and concerning the same AND for the consideration aforesaid and for the better enabling the said Richard Gowlland and his executors administrators and assigns to recover and receive the said monies and premises hereby assigned or intended so to be as aforesaid the said James Crabb doth hereby make nominate constitute and appoint the said Richard Gowlland his executors administrators and assigns his lawful Attorney and Attornies in the name of him the said James Crabb (but upon the trusts hereinafter declared of and concerning the same) to ask demand and sue for recover and receive the said monies and premises hereby assigned or intended so to be and every or any part thereof at such times or time as the same shall become due and payable and in default of such payment thereof respectively to bring commence sue forth and prosecute any action or actions suit or suits or to use such other ways and means for compelling and enforcing the payment of the same which he the said Richard Gowlland his executors administrators and assigns shall deem fit  AND  upon the receipt of the monies and premises or any part or parts thereof to sign seal deliver and give one or more receipt or receipts acquittance or acquittances or other discharge or discharges for the same  AND  for all or any of the purposes aforesaid to use the name of him the said James Crabb and for all or any of the purposes aforesaid from time to time to nominate and appoint one or more attorney or attorneys under him or them and to revoke alter and vary such nomination and appointment at his their pleasure and generally to do and perform all such acts matters and things in or about the premises as fully and effectually to all intents and purposes as he the said James Crabb might or could do if personally present and acting therein he the said James Crabb hereby ratifying and confirming and agreed to ratify and confirm all and whatever he the said Richard Gowlland his heirs executors administrators and assigns or his or their substitute or substitutes shall lawfully do or cause to be done or about the premises by virtue of these presents  PROVIDED ALWAYS  and it is hereby declared that the said Freehold and Leasehold hereditaments and tenements and all and singular other the premises hereby granted assigned or so granted and assigned unto the said Richard Gowlland his heirs executors administrators and assigns  Upon the trusts and to and for the several ends intents and purposes and subject to the provisoes and declarations following (that is to say)  UPON TRUST  that he the said Richard Gowlland his heirs executors administrators and assigns shall and will convey and assign the said freehold and leasehold hereditaments and tenements and all and singular other the premies hereby respectively granted and assigned or intended so to be unto and to the use of such person or persons and upon and for such trusts interest and in such manner and form as she the said Sophia Ann Colyer shall by any deed or deeds or by her last Will and Testament appoint  And in default of and until such appointment and so far as no such appointment shall extend  UPON TRUST  to pay the rents dividends interest and annual income of the said hereditaments and premises unto the said Sophia Ann Colyer and to permit and suffer her the said Sophia Ann Colyer to take and enjoy the said household furniture chattels and premises hereby assigned or intended so to be for her separate use independently of the said Edward Brock so that her receipts alone shall be sufficient discharges and that she shall not have power to deprive herself thereof in anticipation  And after the death of the said Sophia Ann Colyer and in default of any such appointment as aforesaid and so far as no such appointment shall extend UPON TRUST for the said Sophia Ann Colyer’s heirs administrators and assigns respectively  PROVIDED ALSO  and it is hereby further declared that it shall be lawful to and for the said Richard Gowlland his executors administrators and assigns with the consent in writing of the said Sophia Ann Colyer during her life notwithstanding her coverture and after her death in the discretion of the said Richard Gowlland his executors administrators and assigns to sell transfer and dispose of the said monies hereby assigned or intended so to be and the stocks funds and securities upon which the same are invested and to invest the proceeds thereof as well as the proceeds of any monies and debts owing and due to the said Sophia Ann Colyer and which may be so recovered and received by virtue of the said power of Attorney upon permanent public stocks funds or securities of the United Kingdom or on security of mortgage or mortgages of any freehold or copyhold or leasehold estates in England or Wales and from time to time with such consent in writing of the said Sophia Ann Colyer and after her death in such discretion of the said Richard Gowlland his executors administrators and assigns as aforesaid to vary the investment and investments thereof for any other or others of the description contemplated by this trust  PROVIDED ALSO and it is hereby further declared that if the said Richard Gowlland or any trustee to be appointed under this clause shall die or be unwilling or incompetent to accept or execute the trusts thereof it shall be lawful for the said Sophia Ann Colyer whether covert or sole or after her decease for the trustee or trustees for the time being if any whether retiring from the office of Trustee or not or if none for the executors or administrators of the last deceased Trustee to appoint a new Trustee or Trustees in the place or stead of the said Richard Gowlland or of such Trustee so dying or being unwilling or incompetent to execute such trusts as aforesaid and thereupon the said trust estates and premises shall be conveyed or assigned or transferred so that the same may vest in such new Trustee or Trustees jointly with the surviving or continuing Trustee or solely as the case may require and in his or their heirs executors administrators or assigns upon the trusts and for the ends intents and purposes in and by these presents declared of and concerning the same or such of them as are then subsisting or capable of taking effect  PROVIDED ALSO and it is hereby lastly declared that every trustee of these presents shall be exempt from liability for lapses occurring without his own wilful default and he is hereby authorized to return and allow to his Co Trustee or Co Trustees any expences [sic] incidental to the trusts hereof  IN WITNESS  whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

 

 

                             Sophia Ann Colyer                         James Crabb

 

                             Edward Br and                               Richard Gowlland

 

Signed Sealed and Delivered by the within named Richard Gowlland in the presence of

 

                             Eleanor Thompson

                             4 Holwell Place

                             Blackheath Road

 

Signed sealed and Delivered by the within named Sophia Ann Colyer, Edward Brock and James Crabb in the presence of

 

                             A W Sadgrove

                             Clerk to Mr W H Sadgrove

                             52 Mark Lane   City

 

We attest that this and the four preceeding [sic] sheets of paper contain a true copy of the Original Deed of which this purports to be an attested Copy the same having been examined and compared therewith by us the sixth day of August 1860

 

                             E H Sadgrove

                             Philip Forrest

 

                             Clerks to Messrs Sadgrove & Son

                                Solicitors   64 Mark Lane   City

 

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