Back to results

Archive

Norton Lindsey Sherborne

Description

Indentures of Lease and Release, the Release dated 14th December 1832 between John Canning of Sherborne gentleman of the 1st part, Thomas Canning of Upper Norton otherwise Norton Lindsey gentleman of the 2nd part and Thomas Heydon the younger of Warwick gentleman of the 3rd part reciting the death of William Canning on 10th May 1814 who was father of the said John and Thomas Canning (see DR 38/833 DR 38/803) who was seised of the hereditaments described in DR 38/788 and whose Will was dated 13th August 1813 whereby he devised all his hereditaments at Norton Lindsey to his wife for life with remainder to John Thomas Canning as tenants in common and after bequeathing to his wife Mary Canning £1000 and to his daughter Mary Hill and Elizabeth Gould £100 each, he bequeathed the residue of his personal estate (including household goods) to his sons John Thomas Canning upon trust to permit Mary Canning the Testator's wife to use all household goods and to enjoy the profits of the personal estate for her life and thereafter absolutely to his said sons John Thomas subject to the payment of £500 to be paid to William Canning, the Testator's son and the said William Canning (this doesn't seem to read correctly). The Testator appointed Mary Canning and John Thomas Canning Executrix and Executors of his Will. And Reciting that William Canning the Testator had for many years then past occupied as tenant thereof to Thomas Webb Edge esquire a certain farm at Sherborne and was possessed of farming stock and implements etc. growing and used thereon, and reciting that the said William Canning had given up to his sons John William the working of the said farm at Sherborne together with his farm at Norton Lindsey for several years prior to his decease, which John and Thomas Canning worked the two said farms at Sherborne and Norton Lindsey in co-partnership until April 1818 after which it was agreed that John Canning should remain tenant of the farm at Sherborne and take the farming stock and implements etc. in consideration of which he John Canning should convey to Thomas Canning his undivided moiety in the farm at Norton Lindsey (devised by the Will of William Canning to John Thomas Canning as aforesaid) together with any stock or implements used or growing on the same, and reciting that the said Thomas Canning had quitted and delivered up to John Canning the farm and stock etc. at Sherborne and that John Canning had done likewise at Norton Lindsey and that Mary Canning died in May 1831 whereupon Thomas Canning became entitled to all the premises at Norton Lindsey under the aforesaid Agreement and that all legatees under the said Will had been paid, it was thereby witnessed that John Canning, in consideration of the performance by Thomas Canning of the said Agreement and in consideration of 5/- paid to the said John Thomas Canning by Thomas Heydon, conveyed his undivided moiety the premises described in DR 38/ 788 (then described as follows;- a messuage with blacksmith's shop and appurtenances for many years in occupations of John George and Thomas George also a messuage with outbuildings etc., garden and orchard formerly in occupation of John Blick afterwards of Thomas Roberts and then of Thomas Canning also a plot of land containing 43 acres, 3 roods and 14 perches allotted by the Inclosure Award to William Canning the Testator (see DR 38/825) situate in Elly Hill Field, the Meadow, Hither and Far Ryton Fields in compensation for one yard land and a half in the last mentioned Common Fields also another plot containing 3 roods and 2 perches similarly awarded lying in Meadow Furlong in lieu of a piece of land called Canning's Close awarded to Charles, Lord Dormer which last two plots were then divided into 9 closes occupied by Thomas Canning together with all other land of the Testator William Canning in Norton Lindsey to Thomas Heydon to the use of Thomas Canning for life with remainder to Thomas Heydon in trust for Thomas Canning during the life of Thomas Canning, remainder to the use of Thomas Canning and his heirs for ever. Signed John Canning, Thomas Canning and Thomas Heydon. Witnessed by James Francis and Charles Cooper, clerks to Thomas Heydon solicitor, Warwick. Endorsed with a Memorandum that the whole of the said property except the blacksmith's shop was conveyed to Robert Needham Philips in 1871 who covenanted to produce this Deed to the owners thereof (John Cook Canning and William Canning). Lease dated 13th December 1832 for one year by John Thomas Canning to Thomas Heydon of the same property. Signed John Canning and Thomas Canning. Witnessed as before.