1. Thomas Howell, city of Bath, c. Somerset, Gent. 2. James Stallard the Younger, city of Bath, Gent. 3. Rev. Sir Henry Rivers, of Winchester, c. Southampton, Baronet. 4. Robert Savage, city of Bath, Gent.
Reciting: Lease and Release [Mortgage], 23-24 March 1774 1. James Dallamore 2. John Hooper Amongst other lands, 2a. of arable land lying under Little Hill, then late in the possession of Francis Capple, then of James Dallamore, p. Walcot, and of which the the close of ground hereinafter described is a part. Consideration: £300 and £500 from 2. to 1.
Reciting: Lease and Release [Mortgage], 23-24 June 1775 1. John Hooper 2. James Dallamore 3. Thomas Whittington, Gent. 2a. of arable land lying under Little Hill, then late in the possession of Francis Capple, then of James Dallamore, p. Walcot, and of which the the close of ground hereinafter described is a part. Consideration: £800 from 3. to 1.
Reciting: Lease and Release [Mortgage], 29-30 April 1787 1. Thomas Whittington 2. James Dallamore 3. Richard Chandler, Gent. 2a. of arable land lying under Little Hill, then late in the possession of Francis Capple, then of James Dallamore, p. Walcot, and of which the the close of ground hereinafter described is a part. Consideration: £1300 from 3. to 1. and £200 from 3. to 2.
Reciting: Will of James Dallamore, 27 September 1780 Demising his field under Beacon Hill to Richard Payne, victualler and Thomas Howell, Silversmith both of the city of Bath, in trust for the use of his wife Mary Dallamore, and after her decease to the use of his sons James Dallamore and John Walter Dallamore, and to other uses thereafter.
Reciting: Further Charge, 9 August 1787 1. James Dallamore 2. Richard Chandler The further sum of £100 charged upon the aforesaid premises.
Whereas James Dallamore died in September 1787, his will being proven at the Prerogative Court of Canterbury, 2 November 1787. Whereas the said Mary Dallamore died on 8 March 1791. Whereas the said Thomas Howell, one of the trustees of the will of James Dallamore, died on 10 March 1791.
Reciting: Lease and Release, 7-8 June 1791 1. Ann Howell, city of Bath, Widow and Executrix of the will of Thomas Howell. 2. Thomas Howell, only son and heir at law of Thomas Howell, dec'd. 3. William Phillips, Builder. Whereas Richard Payne one of the trustees of the will of James Dallamore died in the lifetime of James Dallamore. Whereas Mary Dallamore died intestate, leaving her daughter Elizabeth Williams, then Elizabeth Huggins (widow of Thomas Huggins, dec'd.), and her 2 sons James and John Walter Dallamore, infants under the age of 21 years. Whereas Thomas Howell the Elder made his will many years before his death, but then bearing a son Thomas Howell, party hereto, born after the making of said will. The legal estate of and in the real estate devised by the will of James Dallamore passed to him the said Thomas Howell the Younger. Whereas the said Thomas Howell the Younger is desirous of relinquishing the said trust, and the said William Phillips is desirous of taking on the trust. 2. releases to 3., the 2a. of arable land lying under Little Hill, then late in the possession of Francis Capple, then of James Dallamore, p. Walcot, and of which the the close of ground hereinafter described is a part, and other hereditaments in trust as in the will of James Dallamore.
Reciting: Lease and Release, 20-21 December 1791 1. William Phillips 2. Richard Chandler 3. James Hillier Dallamore son and heir of James Dallamore, dec'd. 4. John Jelly, Gent. 5. Rev. Benjamin Richardson, Clerk, trustee of 4. Whereas the said James Dallamore was seized in Fee Simple of the described premises, subject to the Mortgage and Surcharge of £1600 to Richard Chandler, and that his will granted the power to let the premises at Fee Farm. 1., 2. and 3. release to 4. and 5. the 2a. of arable land lying under Little Hill, then late in the possession of Francis Capple, then of James Dallamore, p. Walcot, and of which the the close of ground hereinafter described is a part. Consideration: £35 p.a. to 1. in trust for 3.
Reciting: Lease and Release, 29-30 April 1801 1. Benjamin Richards and William Evans, Coal Merchants, and Phillip Jones, Coal Merchant. Assignees of the estate of John Jelly, a Bankrupt. 2. John Jelly, a Bankrupt. 3. John Walter Dallamore, city of Bath, Gent. 4. Betty Phillips, Sarah Phillips and Elizabeth Phillips, city of Bath, Widow and devisees for life under the will of William Phillips, dec'd. Whereas 1. caused the premises to be put up at auction under the commission of Bankruptcy, and William Phillips was the only prospective purchaser, 1. and 2. thereby agreed to the proposal of William Phillips, to a recovery to William Phillips and his heirs. Whereas William Phillips died before the agreement could be executed, having made his Will, 15 February 1801, demising his estate to his wife Betty Phillips, with remainders to his daughters Sarah and Elizabeth. Whereas John Walter Dallamore was desirous of the agreement being carried out, 4. have agreed to the reconveyance. 1. and 2. convey to 4. a close of ground (2a.), lying under Little Hill, then late in the possession of Francis Capple, then of James Dallamore, p. Walcot. Upon the trusts herein before expressed.
Reciting: Lease and Release, 23-24 July 1803 1. John Walter Dallamore 2. James Hillier Dallamore Whereas 1. was seized and entitled, by virtue of the Will of James Dallamore, to the close of ground (2a.), lying under Little Hill, then late in the possession of Francis Capple, then of James Dallamore, p. Walcot. 1.'s interest in the aforesaid premises to 2. Consideration: £50
Reciting: Lease and Release, 28-29 November 1804 1. Betty Phillips and Elizabeth Phillips who survived her sister the said Sarah Phillips, who died. 2. James Hillier Dallamore 3. John Heath and James Stallard the Younger Whereas 1. were desirous of relinquishing the trusts conveyed to them, and 3. had agreed to accept a conveyance thereof. 1. conveys to 3. the close of ground under Little Hill or Beacon Hill, (2a.), upon trust for 2.
Whereas John Walter Dallamore died in November 1812 leaving one son, John Buckel Dallamore, then aged 6 months. Whereas John Heath died in 1814. Whereas James Stallard, acting under the trusts in the Will of James Dallamore, has contracted with Sir Henry Rivers for the sale of a plot of ground as hereinafter described. Whereas having considered the title of James Stallard to the premises, the council to Sir Henry Rivers is of the opinion that the will of James Dallamore did not provide provision as to the appointing of new trustees, therefore Thomas Howell the Younger, as son and heir of Thomas Howell the Elder, is still the surviving and only trustee to the said Will, and is therefore the only person who can provide a proper receipt and discharge to the said Sir Henry Rivers.
Now this indenture witnesseth:
All that plot of ground now used as gardens, p. Walcot, (part of the said plot of ground formerly described as 2a. situate under Little Hill, or Beacon Hill, p. Walcot), containing 3r.20p., bounded on the south by a carriage road leading to Tyning Lane, on the north by Beacon Hill, on the west by messuage belonging to Mr Gray, city of Bath, Apothecary, and on the east by a wagon road leading from Tyning Lane to Beacon Hill, and the cottage thereon, now in the occupation of James Appleby. And also, all that other plot of ground (another part of the said 2a.) containing 6p., separated from the previous plot of ground only by the said wagon road to Beacon Hill, bounded on the west by the wagon road, on the north by Beacon Hill, on the east by lands of Sir Henry Rivers, and on the south by a carriage way of 20 feet wide. Both as shown on the depicted plan.
