Demise by way of Confirmation

Reference Number
0547/5
Level of Description
Item
Title
Demise by way of Confirmation
Date
12 July 1855
Extent
Extent: 1 item
Description
1. Ralph Shuttleworth Allen, of Bathampton c. Somerset, Esq. and Phillip George of the city of Bath, Gent., surviving executors of the will of George Edward Allen, late of Bathampton, Esq., dec'd., and mortgagees in their own right as herein after mentioned.
2. Rev. George Augustus Baker of Fingest, c. Buckingham, Clerk, and Sophia his wife.
3. Thomas Fuller, city of Bath, Coachbuilder, George Leedham Fuller, city of London, Engineer, Stephen Leedham Fuller, city of Bath, Coachbuilder, and Milton John Tayler, city of Bath, Surgeon. Executors of the will of George Fuller, city of Bath, Coachbuilder, dec'd.

Reciting: Demise, 5 November 1685
1. John Creese the Elder, Yeoman.
2. John Creese the Younger, Yeoman
Arable or pasture ground known as Entry Hill (12a.), p. Lyncombe and Widcombe, to 2. for 1000 years.

Whereas by several assignments and acts in the law and ultimately by 2 assignments, one dated 24 June 1826 between John Frankham, Gent., and Richard Else, Gent., the other dated 10 March 1827, between James Hooper, Gent., and Richard Else, Gent., the said ground became vested in Richard Else.

Reciting: Pre-nuptial Marriage Settlement, 16 April 1812
1. George Augustus Baker.
2. Peter Sherston, Esq. and Sophia Sherston.
3. Sir Robert Baker, Baronet.
4. Thomas Samuel Joliffe, Esq., Frances Bushell Reaston, Esq., and John Wiltshire, Esq.
On the intended marriage of 1. and Sophia of 2.
£4000 (3%) consolidated Bank Annuities previously appointed by 3. to 1. and part of another sum of £5000 (3%) consolidated Bank Annuities previously assigned to Onslow Baker, from 1. to 4. in trust.

Reciting: Appointment, 23 March 1827
1. Rev. George Augustus Baker of Fingest, c. Buckingham, Clerk, and Sophia his wife.
2. John Wiltshire, Esq., and Frances Bushell Reaston, Esq.
3. Frances Bushell Reaston, Esq.
4. George Edward Allen, Esq.
4. as trustee in place of 3.

Reciting: Mortgage, 28 march 1827
1. Richard Else
2. Rev. George Augustus Baker and Sophia his wife.
3. John Wiltshire and George Edward Allen
£4000 from 3. to 1.
Consideration: The arable or pasture ground aforesaid.

Reciting: Surcharge, 7 November 1828
1. Richard Else
2. John Wiltshire and George Edward Allen
The further sum of £1200

Whereas the 2 sums of £4000 and £1200 were not repaid on the days when they ought to have been paid, the estate of George Edward Allen and John Wiltshire in the premises became absolute in law.
Whereas the said George edward Allen survived the said John Wiltshire, and then died on the 19 August 1850 having made his last will 6 August 1845, appointing his sisters Marianna and Maria Janetta Allen, his nephew Ralph Shuttleworth Allen, and Phillip George his executors.
Whereas Marianna and Maria Allen have renounced probate of the said will.
Whereas by the means aforesaid the premises herein before described became vested in Ralph Shuttleworth Allen and Phillip George.

Reciting 0547/1.

Reciting: Underlease, 24 June 1827
1. Richard Else
2. Charles Davis
2 other closes of ground part of the ground called Entry Hill delineated on the now endorsed plan in red and marked H.
Consideration: £6 p.a.

Whereas George Augustus Baker then became the absolute purchaser of the hereditments in the 2 recited underleases, subject to the same underleases, by virtue of an indenture dated 8 December 1854 between
1. Rev.Edward Humphrey Ballard
2. George Augustus Baker
3. Henry Sherston Baker
4. Ralph Shuttleworth Allen and Phillip George

Reciting: Indenture, 21 December 1848
1. Edward Davis
2. Charles Davis
3. Edward Vernon Goodall and Charles Thompson
4. George Fuller
Wherein George Fuller became absolutely entitled to the pieces of ground with messuages previously demised to the said Charles Davis.

Whereas George Fuller made his will on the 17 March 1846, demising his estate to Thomas Fuller and Edward Ives Fuller in trust, appointing them and George Leedham Fuller as executors.
Whereas by a Codicil to his will, 30 March 1852, George Fuller revoked his said will, so far as the said Edward Ives Fuller was an object thereof and substituted his son George Leedham Fuller as trustee in his stead.
Whereas George Fuller died on the 7 April 1852.

Whereas Richard Else at the time of the two recited underleases had in fact only an equitable estate in the premises thereby demised.
Whereas the said Thomas Fuller, George Leedham Fuller, Stephen Leedham Fuller and Milton John Tayler have applied to George Augustus Baker as the party entitled to the reversion of the property comprised in the underleases and to Ralph Shuttleworth Allen and Phillip George as the executors and mortgages as aforesaid to confirm the said leases so as to render them valid at law and to discharge the premises from the payment of the several sums of £4000, £1200, and £1000 and the interest thereof.

Now this indenture witnesseth:
Premises as demised by the 2 before recited Underleases.

Consideration: £50 from 3. to 1., and also £10p.a. and £6p.a. to 1.
Place Name
Entry Hill (Locality, Bath)
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