Derek and Mary's Family Web Site

Indenture Ann Doswell 1799

Hampshire Archives and Local Studies reference number: 206M 85 W/2.

This indenture appoints Joshua Gold and Benjamin Nevill as Trustees for a piece of land set aside for the use of Joshua Brookman and Ann Doswell, daughter of John Doswell and Jenny Doswell (formerly Neville), after their marriage and makes over the Lease to them.

On the front:

Dated 3rd July 1799

Mr Brookman }
and } Marriage Settlement
Miss Doswell }

(Page 1)

This Indenture of Four Parts made the third day of July in the thirty ninth Year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain ffrance and Ireland King Defender of the ffaith and so forth and in the Year of our Lord One thousand seven hundred and ninety nine Between Joshua Brookman of the parish of Saint John in the Soke near the City of Winchester Carrier of the first part Ann Doswell of the parish of Saint Bartholomew Hyde near the same City Spinster of the second part James Brookman of the said City of Winchester Carrier of the third part and Joshua Gold of ffordingbridge in the County of Southampton Bed Tick Maker and Benjamin Nevill of Chilland in the parish of Martyr Worthy in the County aforesaid Miller of the fourth part Whereas George Haas(?) Sandingford Clerk Master of Arts Warden of Saint Mary College of Winchester near Winchester and the Scholars Clerks of the same College by their Indenture of Lease under their Common Seal bearing date the first day of November in the Year of our Lord One thousand seven hundred and ninety two for the Considerations therein mentioned did demise grant and to farm let unto Richard Charles then of the said City of Winchester Surgeon All that their Messuage or Tenement with a Garden Ground or Orchard Plott thereunto adjoining set lying and being within the parish of Winnall in the said County of Southampton which Tenement Garden Ground or Orchard Plott aforesaid containeth in Breadth on the South Side towards the East thirty ffeet and an half and by the Main River towards the West three Score and eighteen ffeet and in Length towards the South three hundred and four Score ffeet and an half and on the North Side two hundred three Score and ten ffeet To hold unto the said Richard Charles his Executors and Assigns from the day of the date of the said recited Indenture of Lease unto the End and Term of forty years from thence next enduring and fully to be compleat and ended at and under the yearly Rent of ten Shillings payable as therein mentioned and under and subject to the Covenants therein contained and in and by the said recited Indenture of Lease Relation being thereunto had may more fully and largely appear And Whereas by Indenture of Assignment bearing date the twelfth day of April in the Year of our Lord one thousand seven hundred and ninety seven and made or meant to be made between the said Richard Charles of the one part and James Brookman of the said City of Winchester Gentleman of the other part He the said Richard Charles for the Consideration therein mentioned Did grant bargain sell assign transfer and set out unto the said James Brookman party thereto All that the said Messuage or Tenement Garden Ground or Orchard Plott and Premises with the Appurtenances in and by the said recited Indenture of Lease demised and granted And all the Estate Right Title Interest Claim and Demand whatsoever both in Law and Equity of him the said Richard Charles of in or to the same and every part thereof together with the said recited Indenture of Lease To hold unto the said James Brookman (Party thereto) his Executors Administrators and Assigns from thenceforth for and during all the Rest Residue and Remainder of the said Term of forty Years in and by the Indenture of Lease demised and granted then to same and unexpired (Subject to the Rents Covenants and Conditions therein contained) as in and by the said recited Indenture of Assignment Relation being thereunto had may more fully and at large appear And Whereas the said James Brookman (party to the said recited Indenture of Assignment afterwards departed this Life having first duly made and published his last Will and Testament in writing whereby he gave and bequeathed all and singular the Premises in and by the said recited Indenture of Lease demised and and granted with Appurtenances unto his son the said Joshua Brookman his Executors Administrators and Assigns for and during all the Rest Residue and Remainder of the said Term of forty Years by the same Indenture of Lease described and granted and the said James Brookman (Party to the said recited Indenture of Assignment) made and appointed his Son the said James Brookman (party hereto) and the said Joshua Gold Executor of his said Will who have duly proved the same in the Consistory Court of the Archdeacon of Winchester and taken upon themselves the Burthen of the Executorship thereof And Whereas a marriage is intended by the permission of God to be shortly had and solemnized between the said Joshua Brookman and the said Ann Doswell now this Indenture witnesseth that for and in Consideration of the said intended Marriage and for the settling assigning and assuring the Messuage or Tenement and Premises hereinafter mentioned to be assigned with the Appurtenances upon the Trusts hereinafter expressed and declared And also for and in Consideration of the Sum of five Shillings of lawful money of Great Britain to each of them the said Joshua Brookman and James Brookman (party hereto) in Hand paid by the said Joshua Gold and Benjamin Nevill at or before the Sealing and Delivery of these presents (the Receipt whereof is hereby acknowledged) He the said James Brookman (party hereto) at the request and by and with the Consent and Direction of the said Joshua Brookman (testified by his being a party to and executing these presents hath assigned transferred and by these presents Doth assign transfer and set over and the said Joshua Brookman Hath granted bargained sold assigned transferred and set over and by these presents Doth grant bargain sell assign transfer and set over unto the said Joshua Gold and Benjamin Nevill All that the said Messuage or Tenement with the Garden Ground or Orchard Plott thereunto adjoining and all and all and singular the Premises in and by the said recited Indenture of Lease demised and granted and every Part and Parcel thereof with their and every of their Appurtenances And all the Estate Right Title Interest Term of Years unexpired Benefit of Renewal Advantage Claim and Demand whatsoever both at Law and in Equity of them the said James Brookman (Party hereto) and Joshua Brookman or either of them in or to the same Premises or any Part thereof under or by virtue of the said recited Indenture of Lease and Indenture of Assignment or either of them or otherwise howsoever together with the same Indenture of Lease and Indenture of Assignment To have and to hold the said Messuage or Tenement Garden Ground or Orchard Plott and all and singular other the Premises before hereby granted bargained sold assigned transferred and set over or meant mentioned or intended to be with the Appurtenances unto the said Joshua Gold and Benjamin Nevill their Executors Administrators and Assigns from henceforth for and during all the Rest Residue and Remainder of the said Term of forty Years in and by the said recited Indenture of Lease demised and granted now to same and unexpired (subject to the Rents Covenants Conditions and Agreements in the said recited Indenture of Lease contained on the Tenants or Lessees Part and Behalf to be paid done or performed) Upon the Trusts and to and for the several Intents and Purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say) In Trust for the said Joshua Brookman and his Assigns until the said intended Marriage shall be had and solemnized And from and after the Solemnization thereof In Trust to permit and suffer the said Joshua Brookman and his Assigns to have hold and enjoy the said Messuage or Tenement Garden Ground or Orchard Plott and all and singular other the Premises before hereby granted bargained sold assigned transferred and set over with the with the Appurtenances and receive and take the Rents Issues and Profits thereof and of every Part and and Parcel thereof to his and their own Use and Benefit for and during so many Years of the said term and such further Term and Terms as shall be renewed of the same as the said Joshua Brookman shall live the said Joshua Brookman and his Assigns paying the Rent and performing the Covenants reserved and contained in the said recited Indenture of Lease and such further Lease and Leases as shall be now taken of the same on the Tenants of Lessees Part and Behalf to be paid done and

(Page 2)

Performed And from and after the decease of the said Joshua Brookman In Trust to permit and suffer the said Ann the intended Wife of the said Joshua Brookman and her Assigns in Case she shall survive him the said Joshua Brookman to have hold and enjoy the said Messuage or Tenement Garden Ground or Orchard Plott and Premises with the Appurtenances and receive and take the Rents Issues and Profits thereof and of every Part and Parcel thereof for her and their own Use and Benefit for and during as many Years of the said Term by the said recited Indenture of Lease demised and granted and such further Term and Terms as shall be renewed of the same as she the said Ann shall live she and they paying the Rent and performing the Covenants reserved and contained in the said recited Indenture of Lease and such further Lease and Leases as shall be renewed of the same on the Tenants or Lessees Part and Behalf to be paid done and performed And from and after the decease of the said Joshua Brookman and Ann his intended Wife and the decease of the Survivor of them In Trust to and for all and every of the Children of the said Joshua Brookman on the Body of the said Ann his intended Wife lawfully begotten their Executors Administrators and Assigns as Tenants in Common and not as joint Tenants But in Case there shall be only one Child of the said Joshua Brookman on the Body of the said Ann his intended Wife lawfully to be begotten then In Trust for such only Child his or her Executors Administrators and Assigns and in default of such Issue In Trust for the Executors Administrators and Assigns of the said Joshua Brookman And to and for no other Trust or Purpose whatsoever And it is hereby declared and agreed by and between the said Parties to these Presents that in Case the Person or Persons who shall respectively take Benefit by Virtue of the Trusts aforesaid shall neglect or refuse to obtain and get a new Lease from the said Warden and Scholars Clerks or their Successors of the said Messuage or Tenement Garden Ground or Orchard Plott and Premises with the Appurtenances unto the said Joshua Gold and Benjamin Nevill their Executors Administrators or Assigns from Time to Time and at the usual Time of Renewal and to pay and discharge all ffines or ffees for every such new Lease that then it shall and may be lawful to and for the said Joshua Gold and Benjamin Nevill their Executors Administrators and Assigns upon every such Neglect or Refusal to enter into and upon the said Messuage or Tenement Garden Ground or Orchard Plott and Premises with the Appurtenances or any Part or Parcel thereof and receive and take the Rents Issues and Profits of the same Premises and every or any Part or Parcel thereof and thereout or by Mortgage of the same Premises or any Part or Parcel thereof to pay and satisfy all Arrears of Rent and all such ffines and ffees which shall be required and demanded for obtaining and procuring such new Lease or Leases in the Names of the said Joshua Gold and Benjamin Nevill their Executors Administrators or Assigns as aforesaid And it is further declared and agreed by the said Parties to these Presents that all new Leases thereafter to be taken of the said Premises or any Part or Parcel thereof shall from Time to Time be taken in the Names of them the said Joshua Gold and Benjamin Nevill their Executors Administrators or Assigns and shall from Time to Time remain continue and be liable and subject to the like Trusts as are herein before declared of and concerning the same Premises or as near thereto as the Nature of the Case will admit Provided always and it is hereby declared to be the true Intent and and Meaning of these Presents and of all the Parties thereto that it shall as may be lawful to and for any Person or Persons who shall be intitled to the Reception of the Rents and Profits of the Messuage or Tenement Garden Ground or Orchard Plott and Premises with the Appurtenances by virtue of the Trusts aforesaid to demise and let by Indenture under his her or their Hand and Seal Hands Seals to be by him her or them duly executed and attested unto any Person or Persons whatsoever the said Premises or any Part or Parcel thereof for any Term or Number of Years not exceeding the Term of fourteen Years the same to be in Possession and not in Reversion and so as in every such Grant or Lease there be reserved to be paid during the Term thereby to be granted or taken the utmost and most improved Rent and Rents which at the Time of such Grant or Lease so to be made can be gotten for the said Premises or such Part thereof as shall be so taken and so as no ffine or ffines Sum or Sums of Money or other Matter or Thing by Way of Advance or Income be had or taken upon such Grant or Lease and so as such Rent and Rents may continue payable during such Term and Terms unto such Person or Persons respectively unto whom the said Premises or the Rents and Profits of the same shall for the Time being from Time to Time belong and appertain by virtue of the Trusts hereinbefore mentioned limitted declared and expressed according to the true Intent and Meaning of these Presents and so as such Lease or Leases be not made dispermissable(?) of Waste(?) Provided also and it is further agreed by and between the said Parties to these Presents that it shall and may be lawful to and for the said Joshua Gold and Benjamin Nevill their Executors Administrators and Assigns to pay and reimburse themselves out of the Rents Issues and Profits of the said Messuage or Tenement Garden Ground or Orchard Plott and Premises or any Part or Parcel thereof or by Mortgage of the same or any Part or Parcel thereof all and every such Sum and Sums of Money Costs Charges and Expenses as they or either of them shall necessarily sustain expend or be put unto in or about the Execution or by Means of the Trusts aforesaid or any Thing thereunto belonging or in any Wise appertaining And the said James Brookman (Party hereto) both for himself his Heirs Executors and Administrators covenant promise and agree to and with the said Joshua Gold and Benjamin Nevill their Executors Administrators and Assigns by these Presents that he the said James Brookman (Party hereto) hath not committed made done or suffered any Act Deed Matter or Thing whatsoever whereby the said Messuage ot Tenement Garden Ground or Orchard Plott and Premises or any Part or Parcel thereof are is can shall or may be impeached or incumbered in Title Charge Estate or otherwise howsoever And the said Joshua Brookman for himself his Heirs Executors and Administrators both hereby covenant promise and agree to and with the said Joshua Gold and Benjamin Nevill their Executors Administrators and Assigns that he the said Joshua Brookman and James Brookman (Party hereto) now have in themselves or one of them hath in himself good Right full Power and lawful and absolute Authority to grant bargain sell assign transfer and set over the said recited Indenture of Lease and the Premises thereby demised and granted with the Appurtenances in Manner and fform aforesaid and that the same Indenture of Lease and the Premises thereby demised and granted and every Part and Parcel thereof with the Appurtenances shall be held and enjoyed according to the several Trusts and estates hereinbefore limitted expressed and declared thereof without the lawful Let Suit Trouble Denial Interruption Eviction Ejection or Disturbance of him the said Joshua Brookman his Executors Administrators or Assigns or any other Person or Persons whomsoever lawfully claiming or to claim from by or under or in Trust for him or them In Witness whereof the said Parties to these Presents have hereunto set their Hands and Seals the day and Year first above written

The signatures and seals of the parties appear here.

The signature of Ann Doswell