1. James Wildey, of Cheltenham, c. Gloucester, Poulterer 2. Samuel Herbert of Uckington, c. Gloucester, Yeoman, and Harriet his wife 3. William John Agg of Hewletts, p. Prestbury, c. Gloucester, Esq. Thomas Agg, of Cheltenham, Surgeon, and James Agg Gardener, of Cheltenham, Esq.
Whereas Charles Deverill, late of Uckington, Pork Butcher, was at the time of his will and then until his decease entitled in fee simple to the hereditaments firstly hereinafter described free from encumberances except for the mortgage hereinafter described and the sum of £150 and interest so secured. Reciting: 0626/4 Reciting : Will of Charles Deverill, 29 December 1820 Bequeathing unto his wife Sarah Deverill, the said James Wildey, and Jeremiah Hopkins of Title, c. Gloucester, Farmer, all his freehold, leasehold, and copyhold messuages, lands and hereditaments in the p.s of Walcot and Twerton, in trust to pay to his uncle and aunts Isaac Deverill, Sarah Deverill and Henrietta Deverill weekly during their natural lives 3s. each. And upon further trust to pay to his mother Nancy Deverill yearly during her natural life £20. And subject to the said payments in trust for the natural life of his wife, and after her decease in trust for his daughter in law, Harriet the wife of Samuel Herbert, then Harriet Stait. Appointing the said Sarah Deverill, John Wildey and Jeremiah Hopkins as Executrix and Executors of his will. Whereas Walter Broom sometime since departed his life, having made his last will and testament bearing date 14 October 1831 appointing Charles Frankcom and William Bye Lidiard his Executors in trust. Reciting: 0626/5 Whereas Sarah Deverill the mother [sic, should say wife] of Charles Deverill, Issac Deverill and Sarah Deverill the uncle and aunt of Charles Deverill, Nancy Deverill, and Jeremiah Hopkins have since died, and Henrietta Deverill has married Mr Wood of Bath. Whereas there now remains due to Samuel Herbert on the security for principle and interest the sum of £120.7.11 Whereas 3. have agreed to advance and pay to 2. the sum of £500 upon Mortgage. Whereas Samuel Herbert and Harriet his wife have arranged and agreed between themselves that the sum still due and owing should no longer exist as a mortgage debt and should cease to be.
It is therefore declared by this indenture and by Samuel Herbert and Harriet his wife that the said mortgage debt is annihilated and extinguished.
All those two messuages called 6-7 George's Buildings, p. Walcot, which said no. 6 George's Buildings is now in tenure of John Foster, and which said no. 7 is untenanted. And also all that piece of land known as the Strip on Short Down (1a.1r.32p.), in the tenure and occupation of John Bacon, bounded north by Glebe land of the Twerton Vicarage, on the south by the parcel of land next hereinafter described, on the east by an occupation road leading to land belonging to Mr. Penney and others, and on the west by the turnpike road leading from Bristol to Frome. And also all that piece of land called the Strip on Short Down (2r.12p.), now in the occupation of John Bacon, bounded on the north by the last hereinbefore mentioned plot of land, on the south by land now or lately belonging to Daniel Mastin, and on the east and west as the roads as aforesaid. And also all that close of garden ground called the Barn Ground (2r.39p.), in the occupation of Simon Bull, bounded north and east by land now or lately of Daniel Mastin, south by land now or late of Richard Francis, and on the west by an occupation road, together with the barn, shed and other buildings thereon. And also all that close of land called the Field Garden (2r.24p.), now in the occupation of Simon Bull, bounded on the north by a road leading from the east end of Tiverton otherwise Twerton to Englishcombe, on the south and west by land now or late belonging to Daniel Mastin, and on the east by land belonging to the Executors of the late Mr. Daniels. And also all that close of land called the Wall Ground (3r.16p.) in occupation of Simon Bull, bounded on the north by an occupation road from Tiverton otherwise Twerton, on the south and east by land now or late of John Collins, and on the west by Glebe land of the Tiverton Vicarage. All of which last mentioned lands are in p. Tiverton otherwise Twerton. Consideration: £500 (5%)
Enclosed: Certificate, of even date, granted on examination of Harriet the wife of Samuel Herbert concerning the contents of the above deed.
