Assignment of Land and House in Appledore (1754)

Transcribed by David Carter 2024

Ref: NDRO 1774M/L/53

Spelling remains verbatim. Punctuation and line-spacing has been added for clarity.

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Catalogue entry:

1754 Assignment between:
i) George Pollard, junr, Appledore mariner
ii) Katherine Titherly, Northam, and Susanna Pollard
iii) Narcissus Hatherly, Bideford

Document Collection: Hogg of Fremington (1650-1912)
(ref: NDRO 1774M/L/53)
https://devon-cat.swheritage.org.uk/records/1774M/L/53

(Premises same as 1774 M/L51 & 52 - 1737 lease, John Benson to Henry Leyworthy mason of Barnstaple. 34' x 32' plot with building)
(Premises same as 1774 M/L54 & 55 - 1776 lease, John Benson to John King mariner of Appledore.)
(Premises same as 1774 M/L56 & 57 - 1787 lease, John Benson to Katherine Titherly)
(Premises same as 1774 M/L58 & 59 - 1788 lease, John Benson to Mary Tetherly, widow of Appledore)
(Lots more for these same houses: https://devon-cat.swheritage.org.uk/records/1774M)

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Transcribers notes:

The property is described here as: “Part of a field, formerly known as Coxfield (Cocks Field) but subsequently as New Buildings, at the upper end of Gaping Street in Appledore”.

From other sources, this location can be confirmed as being one of a row of houses in Odun Road (formerly known as the “Upper part of Gaping Street”, which is now Bude Street).
In the 1851 census, this street was known as “Cocks Row”, the farmland next to it having formerly been owned by the Cock family.
The dwelling properties here were constructed around 1730 by John Benson (1670-1739), and mostly let to short-term gentry tenants.

The people named in this document were:
•    William Titherl(e)y (usually spelt ‘Tetherly’), (b. 1713/4)
•    He married Susanna Vernam (b.1712) in 1737/8 at Northam
•    They had a daughter Katherine (b.1738)
•    William Tetherly died (there is no record of his death or burial)
•    Susanna Tetherly (nee Vernam) then married George Pollard in 1745 at Clovelly
•    They had a daughter Susanna Pollard (b.1746)

So, in 1754 when this lease was being drawn up, Katherine Tetherly was aged 16, and Susanna Pollard was aged 8.

Narcissus Hatherly was a solicitor in Bideford, who generally acted for the Benson family. His role here is to be a Trustee in respect of the under-age female children.

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Text of document:

On the outside:

30 Jan 1754
Ass[ignmen]t of 5th plot

Main Text:

This Indenture Tripartite made the thirtieth day of January in the twenty seventh year of the reign of our sovereign Lord George the Second by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith and so forth, and in the year of our Lord Christ one thousand seven hundred and fifty four [30 Jan 1754].

BETWEEN George Pollard of Appledore within the parish of Northam and County of Devon, mariner, of the first part; Katherine Titherly of Northam aforesaid, spinster, daughter of William Titherley late of the same, marriner, deceased, first husband of Susanna the now wife of the aforesaid George Pollard and Susanna Pollard the younger daughter of the aforesaid George Pollard, by the said Susanna his present wife, of the Second part; and Narcissus Hatherly of Bideford in the said County, Gentleman, of the Third part.

WHEREAS the said George Pollard by virtue of diverse grants, mean assignments and other acts and assurances in the Law Duly Executed (derived from an original lease thereof formerly granted by John Benson late of Northam aforesaid, Esquire, deceased, unto Henry Leyworthy of Barnstaple in the County aforesaid, mason), now is and standeth Lawfully Possessed of Estates and interested in and unto:

ALL that fifth plott peice or parcell of Land lying from the north hedge containing thirty four feet or thereabouts as the same was lately marked out for building in front and so backward home to the west hedge and there containing thirty two feet of Land or thereabouts be it more or less, and part of a field of and heretofore called Coxfield and now New Buildings, lying at the upper end of Gaping Street at Appledore aforesaid, and there bounded with the late lands of the said John Benson on the north and south parts, which said north part was formerly in the possession of James Leach and the Kings highway on the east part, and the hedge of the said field next on the west part.

Together with the new erected dwelling house built thereon with the appurtenances for and during the residue and remainder of a certain term of ninety nine years therein formerly granted unto the aforesaid Henry Leyworthy, and now determinable on the several deaths of Mary, the wife of the said Henry Leyworthy, John Leyworthy and Henry Leyworthy his sons, under the yearly rent of six shillings and eight pence, and subject to and under divers covenants, exceptions, reservations and agreements in the original lease of the said premises contained on the tenants or lessees part, to be paid, done and performed as in and by the same and the other act and assurances aforesaid, reference being thereunto respectively had, will more fully and at large appear, which said messuage and premises are now in possession of Samuel Pyke of Appledore aforesaid, merchant, his tenant or tenants, and being so thereof possessed, estated and interested as aforesaid.

NOW WITNESS THESE PRESENTS that the said George Pollard as well for the natural love and affection which he hath and beareth towards the aforesaid Katherine Titherly and Susanna Pollard the younger, and for the granting and assigning of the said messuage and premises in manner and for the uses and purposes hereinafter expressed and declared, touching and concerning the same, as also in consideration of the sum of five shillings of lawfull money, unto him the said George Pollard in hand paid by the said Narcissus Hatherly, at and before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged).

HATH granted, bargained, sold, assigned, transferred and made over, and in and by these presents he, the said George Pollard, doth grant, bargain, sell, assign, transfer and make over unto the aforesaid Narcissus Hatherly, all and singular the beforementioned messuage, dwelling house and premises, and every part and parcel thereof, with the appurtenances, and all houses, edificies, buildings, structures, rooms, courts, courtlages, gardens, orchards, wasts, ways, paths, easements, profitts, priviledges and commodities thereunto, or to any part or parcell thereof belonging or in anywise appertaining, or usually held and enjoyed therewith. And all his right, title, term, estate, claim, interest, property and demand whatsoever and howsoever of in to or out of the same, every or any part or parcell thereof. Together with the said original indenture of lease and all other deeds, evidences and writings any wise touching or concerning the said premises now in the custody, possession of power of him, the said George Pollard.

TO HAVE AND TO HOLD all and singular the said messuage, dwelling house and premises and every part and parcell thereof, with the appurtenances, unto the aforesaid Narcissus Hatherly, his executors, administrators and assigns, from henceforth, for and during all the residue and remainder of the before mentioned term therein yet to come and unexpired, so determinable as aforesaid, and for and during all other the estate, right, title, term, claim, interest, property and demand of him the said George Pollard of, into, and out of the same, and every parcell thereof.

UPON THIS SPECIAL TRUST AND CONFIDENCE nevertheless in him, the said Narcissus Hatherly, and to and for the several uses, intents and purposes hereinafter expressed and declared of and concerning the same, and to and for no other use, end, intent or purpose whatsoever (that is to say):

THAT he, the said Narcissus Hatherly his executors, administrators and assigns, do and shall persist and suffer the aforesaid Katherine Titherly, her executors, administrators and assigns, henceforth peaceably and quietly to enter into and during all the residue and remainder of the before-mentioned term so determinable as aforesaid to have, hold, use, occupy, possess and enjoy the one moiety or halfendeal of all and singular the aforesaid messuage or dwelling house and premises, with the appurtenances, and to receive and take the rents, issues and profitts thereof, to her and their own proper use.

AND UPON THIS FURTHER TRUST AND CONFIDENCE that he, the said Narcissus Hatherly, his executors, administrators and assigns, so and shall permitt and suffer the aforesaid Susanna Pollard the younger, her executors, administrators and assigns henceforth peaceably and quietly to enter into and during all the residue and remainder of the before-mentioned term so determinable as aforesaid. To have, hold, use, occupy, possess and enjoy the other moiety or halfendeale of all and singular the aforesaid messuage or dwelling house and premises with the appurtenances, and to receive and take the rents, issues and profitts thereof, to her and their own proper use.

THEY the said Katherine Titherly and Susanna Pollard the younger, their several and respective executors, administrators and assigns (equally between them) yielding, doing and performing all such rents, rates, taxes, reparations and other duties, and services as on the tenant or lesees part, are to be yielded, paid, done and performed for and in respect of the same premises.

AND the said George Pollard doth hereby for himself, his heirs, executors and administrators, and for every of them, covenant, promise and grant to and with the aforesaid Narcissus Hatherly, his executors, administrators and assigns by these presents, that all and singular the before-mentioned messuage or dwelling house and other the premises aforesaid hereby granted and assigned, or meant and intended hereby so to be, and every part thereof, shall henceforth for and during all the residue and remained of the before-mentioned term & determinable as aforesaid, be remain and continue unto for and upon the several trusts, ends, intents and purposes aforesaid, according to the true intent and meaning of these presents, free and clear of and from all former and other gifts, grants, assignments, charges and incumbrances whatsoever, had made, committed, done or suffered by him, the said George Pollard, or by, or with, his means, knowledge, privity, consent or procurement.

AND FURTHER that he the said George Pollard, his executors or administrators, shall and will at any time or times hereafter, on the reasonable request, and at the proper costs and charges of the aforesaid Katherine Titherly and Susanna Pollard, or either of them, their, or either of their executors or administrators make, do and execute any further and other lawfull and reasonable act and acts, deed or deeds, or other assurances for the further corroborating and confirming of these presents, and of the term and estate hereby assigned in manner and for the ends, intents and purposes aforesaid.

IN WITNESS whereof, the parties aforesaid unto these present indentures (being first legally stamped), their hands and seals, have interchangeably sett they day and year first above written, 1754.

On the Back:

Signed, sealed and delivered in the presence of us:
[signed] Dan[ie]l Bowden; Cha[rles] Martyn

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