Indenture Between Francis Towers and others and William Palmer of Bosbury, 1828
 
Summary:  I find this document very difficult to understand. It appears to be providing proof at great length that either Francis Towers or William Palmer now owns farmland called Dowdens Meadow and Oyle Croft but large sums of money have not been paid which doesn’t seem to matter. There is an interesting link to the Stedman and Sparkman families of Bosbury House who may have owned the land at some point giving details of family wills. The modern names for the fields are Dowding’s Brook Meadow and Aylescroft.

1828 indenture no. 2
1828 indenture no. 3

Release in fee. Dated the 11th day of April 1828 Mr Francis Towers and others to Mr William Palmer.

This Indenture made the eleventh day of April one thousand eight hundred and twenty eight Between Francis Towers of the parish of Saint Martin in the County of Worcester, Gentleman, of the first part, Richard Heming of Kingsland in the County of Hereford, Gentleman, and James Holbrook of the Town of Ledbury in the County of Hereford aforesaid, Gentleman, of the second part, Susannah Sparkman of the Razes in the parish of Bosbury in the County of Hereford aforesaid, widow, of the third part, and William Palmer of the parish of Bosbury aforesaid, Blacksmith, of the fourth part. Whereas by indentures of lease and release bearing date respectively on or about the first and second days of July one thousand seven hundred and ninety two, the indenture of release being made or expressed to be made between John Stedman Esquire and Ann his wife of the one part and Elizabeth Hill, widow, of the other part, One close piece or parcel of meadow ground commonly called or known by the name of Dowdens meadow containing one acre and twenty perches (more or less) situate, lying and being in the parish of Bosbury in the County of Hereford aforesaid and then in the occupation of John Stedman or his tenant or tenants were (amongst other lands and hereditaments) conveyed and assured to and to the use of the said Elizabeth Hill, her heirs and assigns forever but subject to the provision for making void the writing indenture on payment of the sum of one thousand four hundred pounds and interest upon the day therein appointed for payment thereof and long since past and which sum and interest were not paid accordingly.

And Whereas by indentures of lease and release bearing date respectively on or about the thirty first day of May and first day of June one thousand eight hundred and three the release being made or expressed to be made between William Walker, Gentleman, and William Edwards, Gentleman, (by the description of the surviving executors named in the last will and testament of Richard Hill with the said Elizabeth Hill deceased) of the first part the said John Stedman of the second part John Hill (by the description of eldest son and heir at law of the said Elizabeth Hill) of the third part and the said Francis Towers (by the description of Francis Towers of the parish of Tenbury in the County of Worcester, Gentleman, of the fourth part. After reciting the hereinbefore reciting indentures of lease and release and after reciting as therein is recited in consideration of the sum of one thousand four hundred pounds paid by the said Francis Towers to the said William Walker and William Edwards and also for the nominal considerations therein expressed the lands and hereditaments hereinbefore described by way of recital and intended to be hereby granted and released and their appurtenances were (among other lands and hereditaments) conveyed and assured to and to the use of the said Francis Towers, his heirs and assigns for ever but subject to a proviso for making void the now reciting indenture on payment of the said sum of one thousand four hundred pounds and interest upon the day therein appointed for payment thereof and long since past and which sum and interest were not paid accordingly.

To the intent and purpose that, by virtue of these presents and by force of the statute made for transferring uses into possession, the said William Palmer may be in the actual possession of all and singular the said lands, hereditaments and premises hereby bargained and sold, or intended so to be, with their and every of their rights, members and appurtenances and be thereby enabled to accept and take a grant and release of the reversion freehold and inheritance of the said premises to him, his heirs and assigns in such manner and form as shall be expressed in and by an indenture or Release intended to bear date on the day next after the day of the date and executed after the execution of these presents and to be made between the said Francis Towers of the first part, Richard Heming of Kingsland in the County of Hereford, Gentleman, and James Holbrook of the Town of Ledbury in the County of Hereford aforesaid, Gentleman, of the second part, Susannah Sparkman of the Razes [Bosbury House] in the parish of Bosbury in the County of Hereford aforesaid, widow, of the third part, and the said William Palmer of the fourth part. In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

And Whereas the said John Stedman in and by his last will and testament in writing bearing date on or about the twenty third day of November one thousand seven hundred and eighty six duly executed and attested for passing real estate gave and devised to his wife Ann Stedman certain hereditaments and premises therein mentioned for her life and the said testator also gave and bequeathed to his said wife Ann Stedman one annuity of yearly rent charge of two hundred pounds for her life payable as therein mentioned and charged all his freehold, leasehold and copyhold estates, messuages, lands, tenements and hereditaments whatsoever situate in the several Counties of Hereford, Worcester and Gloucester (except his estate called Nashend in the parish of Bosbury aforesaid with the payment thereof and the said testator gave and bequeathed unto his brother Philip Stedman, all his freehold, leasehold and copyhold messuages, lands, tenements and hereditaments with their appurtenances situate in the said Counties of Hereford, Worcester and Gloucester or elsewhere (subject to the estate for life and the annuity thereinbefore given to his said wife and charged and chargeable with the payment of one thousand pounds to be paid and disposed of to such person and persons at such times and in such proportions as his said wife should be her last will and testament or by any deed or instrument to be by her executed in the presence of three or more credible witnesses give or appoint the same) and all the rest and residue of his real and personal estate whatsoever and wheresoever not therein disposed of, the said testator gave, devised and bequeathed unto his brother, the said Philip Stedman, and his heirs forever and appointed the Reverend Robert Taylor and the Reverend Thomas Cox, Clerks, executors and trustees of his said will.

And whereas the said John Stedman departed this life in or about the year one thousand eight hundred and nine without altering or revoking his said will And whereas by indentures of lease and release being date respectively the twenty eighth and twenty ninth days of May one thousand eight hundred and twelve the release being made or expressed to be made between the said Philip Stedman of the first part the said Ann Stedman of the second part, Thomas Coleman, Gentleman, of the third part and the said William Palmer of the fourth part, After reciting as therein is recited for the considerations therein expressed the said lands and hereditaments hereinbefore described by way of recital and intended to be hereby and released, were conveyed and assured to and to the use of the said William Palmer, his heirs and assigns for ever. And whereas the said Ann Stedman died intestate, in the lifetime of the said Philip Stedman, without having made any appointment of the said sum of one thousand pounds and whereas the said Philip Stedman by his last will and testament in writing bearing date on or about the thirtieth day of April one thousand eight hundred and nineteen and only executed and attested for passing freehold estates after disposing of certain estates in the parish of Bosbury aforesaid to his nephew Philip Stedman Sparkman, gave and devised all the rest and residue of his freehold, leasehold and copyhold estates, farms, lands, hereditaments and premises situate lying and being in the said parish of Bosbury and manors of Bosbury, Colwall and Coddington in the county of Hereford his, the said testator’s, real estate wheresoever situate, lying or being and every part and parcel thereof to the said Richard Heming and James Holbrook and the survivor of them or the heirs, executors, administrators or assigns of such survivor according to the natures of the said testator’s respective estates upon certain trusts therein mentioned. And the said testator appointed the said Richard Heming and James Holbrook executors of his said will.

And whereas the said Philip Stedman departed this life on or about the [blank space] day of November one thousand eight hundred and twenty without altering or revoking his said will and the same was on or about the seventeenth day of April one thousand eight hundred and twenty two only proved in the prerogative court of Canterbury by the said Richard Heming and James Holbrook. And whereas the said Susannah Sparkman is the heir at law to the said John Stedman and also to the said Philip Stedman And whereas the said sum f one thousand four hundred pounds together with all interest due thereon has lately been fully paid and satisfied to the said Francis Towers which he, the said Francis Towers, doth hereby admit and acknowledge and hath, at the request and by the direction of the said Richard Heming and James Holbrook and Susannah Sparkman, agreed to release and assure the said lands and hereditaments hereinbefore described by way of recital and intended to be hereby granted and released in manner hereinafter mentioned.

Now this indenture witnesseth that in consideration of the said principal sum of one thousand four hundred pounds and interest having been so paid and satisfied as hereinbefore mentioned and of the sum of ten shillings or lawful money of great britain by the said William Palmer to the said Francis Towers paid upon or before the execution of these presents the receipt hereof as hereby acknowledged, He the said Francis Towers at the request and by the direction of the said Richard Heming and James Holbrook and Susannah Sparkman testified by their executing these presents Hath as he lawfully might but no further or otherwise bargained, sold and released and by these presents as far as he lawfully may or can Doth bargain, sell and release and the said Richard Heming and James Holbrook and Susannah Sparkman, in consideration of five shillings apiece of like lawful money to them paid by the said William Palmer, the receipt whereof is hereby acknowledged, Have and each of them Hath bargained, sold, released and confirmed and by these presents Do and each of them Doth bargain, sell, release and confirm to the said William Palmer and his heirs (in the actual possession of the said William Palmer now being by virtue of a bargain and sale to him thereof made by the said Francis Towers in consideration of five shillings by indenture bearing date the day next before the day of the date of these presents for the term of one year to be computed from the day next before the day of the date of the same indenture of bargain and sale and by force of the statute made for transferring uses into possession) All that one close, piece or parcel of meadow ground called Dowdens meadow and all those nine lands or ridges of land lying [in] the said common field called Oyle Croft situate, lying and being in the parish of Bosbury in the County of Hereford aforesaid comprised in and conveyed by the hereinbefore recited indentures of lease and release of the thirty-first day of May and first day of June one thousand eight hundred and three or howsoever otherwise the said lands and hereditaments now are or formerly were called, known described or distinguished. And all and singular the rights, members and appurtenances to the said lands, hereditaments and premises belonging or appertaining And the reversion and reversions, remainder and remainders nearby and other rents, issues and profits of the said lands, hereditaments and premises And all the estate, right title, interest, inheritance, use, trust, property claim and demand whatsoever both at law and in equity of him, the said Francis Towers, into, out of or upon the same.

To have and to hold the said lands, hereditaments and premises hereby released or otherwise assured or intended so to be and their and every of their rights, members and appurtenances (freed and absolutely discharged of and from the said principal sum of one thousand five hundred pounds and the interest thereof and all claims and demands on account of the same) to and to the se of the said William Palmer, his heirs and assigns for ever. And the said Francis Towers doth hereby for himself, his heirs, executors and administrators covenant with the said William Palmer, his heirs and assigns that he, the said Francis Towers, hath not at any time done, committed or executed or knowingly or willingly permitted or suffered or been party or privy to any act, deed, matter or thing whatsoever whereby or by reason or means whereof the said lands, hereditaments and premises herby released or otherwise assured or intended so to be or any of them or any part thereof are, is, can, shall or may be impeached, charged, affected or incumbered in title, estate or otherwise howsoever.

  In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

Francis Towers   R Heming   J Holbrook   S Sparkman

Signed sealed and delivered by the within named Francis Towers (being first duly stampt) in the presence of [signed] J. Dickens of Worcester, Attorney at Law   John Cook - Ledbury

Signed sealed and delivered by the within named Richard Heming and James Holbrook in the presence of [signed]  Mary Sayer R Heming Jr

Signed sealed and delivered by the within named Susannah Sparkman in the presence of [signed]  John Cook

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