LD3 – Assignment of the residue of a term of five hundred years in trust to attend the inheritance Daniel Sargant to Samuel Chapman – 12th November 1811
This Indenture Tripartite made the Twelfth Day of November in the fifty second year of the Reign of our Sovereign Lord George the Third by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith and in the year of our Lord One Thousand eight hundred and eleven Between Daniel Sargant of Whittlesey within the Isle of Ely in the County of Cambridge Gentleman of the first part William Boyce of Glassmoore in Whittlesey aforesaid Farmer of the second part and Samuel Chapman of Whittlesey aforesaid Grocer and Draper of the third part Whereas by a Certain Indenture of three parts bearing Date the thirty first Day of October last past and made between William *ing [King?]and Elizabeth his Wife of the first part James Fisher and Alice his Wife and Frances Fitzjohn Spinster of the Second part and the said Daniel Sargant of the third part for the Consideration therein mentioned The Land Messuage Hereditaments and Premises hereinafter particularly mentioned and described were (amongst other Hereditaments) assigned transferred and set over unto the said Daniel Sargant his Executors administrators and assigns for the Residue of a Certain term of five hundred years created as therein mentioned and then to come and unexpired In trust for the said James Fisher and Alice his Wife and Frances Fitzjohn and the Heirs and Assigns of the said Alice Fisher and Frances Fitzjohn and to attend the Inheritance in Manner therein mentioned And Whereas by certain Indentures of Lease and Release bearing date respectively the fourth and fifth Days of November instant and made or expressed to be made between the said James Fisher and Alice his Wife and Frances Fitzjohn and Susannah Fisher Widow of the first part the said William Boyce of the second part and John Boyce Liquor Merchant of the third part for the Consideration therein mentioned All those Ten acres of pasture Fen or Marsh Ground (were the same more or less) lying in Glassmoore aforesaid abutting upon a Certain River called Whittlesey Dike North and on a Droveway called Forths Drove South next Land late of John Stona deceased and then of Alice Stona Widow East and Land late of Isaac Speechly deceased and then of Robert Speechly his Son West And also All that Messuage or Tenement erected by Robert Fitzjohn deceased and then standing thereon Together with the Rights Members Privileges and Appurtenances were duly conveyed and Assured unto the said William Boyce his Heirs and Assigns To the Uses upon the Trusts and for the Ends intents and purposes as in and by the said Indenture of Release are limited expressed and declared of and Concerning the same (as by the said several hereinbefore in part recited Indentures on reference being thereunto had will more fully and at Large appear) And Whereas the said William Boyce hath required that the Residue of the said Term of five hundred years as to the Land Messuage Hereditaments and Premises so granted and Released to him his Heirs and Assigns as aforesaid should be assigned to the said Samuel Chapman his Executors Administrators and Assigns In trust for him the said William Boyce hid Heirs Appointees and Assigns and to attend the Inheritance in the manner hereinafter mentioned Now this Indenture Witnesseth that for and in Consideration of the Sum of Ten Shillings of lawful money of England to the said Daniel Sargant in Hand paid by the said Samuel Chapman at or immediately before the sealing and Delivery of these presents the Receipt whereof is hereby acknowledged, he the said Daniel Sargant (upon the request and at the Direction nomination and appointment of the said William Boyce testified by his being a party to and executing these presents) Hath assigned Transferred and set over and by these presents Doth assign transfer and set over unto the said Samuel Chapman his Executors Administrators and Assigns All those the said ten acres of Pasture Fen or Marsh Ground (be the same more or less) lying in Glassmoore aforesaid And also the said Messuage or Tenement and hereinbefore particularly abutted and described and in and by the hereinbefore in part recited Indenture dated the thirty first Day of October last past Assigned unto the said Daniel Sargant his Executors Administrators and Assigns as aforesaid Together with the Rights Members and Appurtenances thereunto belonging or in any wise appertaining And all the Estate Right Title Interest Term of Years now to come and unexpired Use Trust Benefit property Claim and demand whatsoever of him the said Daniel Sargant both at Law and in Equity in to or out of the same Land Messuage Hereditaments and Premises hereby or intended to be hereby assigned with the Appurtenances To have and to hold the said Land Messuage Hereditaments and Premises hereby or intended to be hereby assigned with the Appurtenances unto the said Samuel Chapman his Executors Administrators and Assigns from henceforth for and during all the residue and remainder of the said Term of five hundred years now to Come and unexpired In Trust nevertheless for the said William Boyce his Heirs Appointees and Assigns and to be from time to time assigned and disposed of in such manner as he or they shall direct or appoint and in the meantime to attend wait upon and go along with the reversion Freehold and Inheritance of the same Land be To the End to protect and defend the same from all mesne charges and Incumbranses (if any such there are) And the said Daniel Sargant for himself his Heirs Executors and Administrators doth Hereby Covenant promise and agree with and to the said Samuel Chapman his Executors Administrators and Assigns that he the said Daniel Sargant hath not at any time heretofore made done or Committed or Wittingly or Willingly suffered to be made done or committed any Act Deed Matter or thing whatsoever whereby or by means whereof the said Land Messuage Hereditaments and Premises hereby Assigned are is can shall or may be in any wise impeached charged affected or incumbered in Title Charge or Estate or otherwise howsoever or the said Term of five hundred years therein defeated surrendered or made Void or Voidable In Witness whereof the said Parties to these presents have hereunto set their Hands and Seals on the day and Year first above written .//-
Danl. (L/S) Sargant William (L/S) Boyce
Dated 12th November 1811
Mr Daniel Sargant
Assignment of the residue
to of a term of five hundred years
In trust to attend the inheritance
Mr Samuel Chapman
Signed Sealed and Delivered (being duly
Stampt) in the Presence of us —————
Notes & Comments
Explanation of legal terms
Indenture = a contract binding one party into the service of another for a specified term.
Devisee = beneficiary of a Will
Hereditaments = property that can be inherited
Appurtenance = something associated with another, more important thing; an accessory.
Prerogative Court = a Court with authority in Wills and Administrations
Jointure = a property held by one spouse (historically the husband) and jointly used by both spouses, to be provided to the other spouse in the event of the death of the property holder.
Dower = a spouse’s legal entitlement to a share of a deceased spouse’s property.
L/S = this abbreviation is found between the first name and surname of the signatories to the document which is a copy of the original. It stands for locus sigilli meaning “place of the seal”.
mesne charges = intermediate or intervening charges
Comments on the content of the Transcript
The document is a transaction under which Sargant, who is holding the term of the residue of 500 years of the land referred to in trust for Boyce, who is the ultimate owner of the land through inheritance (no doubt there is a Will somewhere confirming this). Boyce has to be a party because he is in effect the owner and Sargant and Chapman hold the land in trust for him.
What is not clear is why all this takes place but presumably Sargant did not want to continue farming the land assigned but there is nothing in the document that confirms that.