Held at: | Private document |
Reference: | RL |
Source: | Transcription of original document |
Title: | Deed for Longtown Castle and other property purchased by Mary Matilda Harris |
Place name: | Longtown |
Date: | 1920 |
Description:
Introduction:
The deed transcribed below relates to Lot 162 in the Marquis of Abergavenny’s sale of his properties in Ewyas Lacy in 1920. The several parcels in this Lot can be seen on Plan 10 of the sale particulars [click here to view], including ‘the ruins of Longtown Castle’, the Sun Inn, and a pasture north of the castle now the site of Longtown Primary School. Of particular interest are the provisions for maintaining a water tank and supply pipes at Longtown Castle, further to an agreement with John Henry Gilbert Harris in 1912, probably associated with the water bottling factory in a building later to become Longtown Village Hall.
The new owner was Mary Matilda Harris [known as Maud], a spinster who lived nearby at Gilbertstone in Longtown. In fact, the property was purchased for her by her brother Montague Harris, who at about that time also owned or had an interest in the water bottling factory. Maud Harris [died 1942] was buried in Clodock churchyard, where an obelisk tombstone marks her grave at the east end of the church.
Right to the title ‘Lord of the Manor of Ewyas Lacy’ did not devolve to the purchaser. Since the 13th century, Longtown Castle had belonged to that share of the Lordship eventually held by the Lords of Abergavenny, and as far as is known the title has not been transferred.
Longtown Castle is now under the guardianship of English Heritage.
Transcription:
THIS INDENTURE made the twenty eighth day of July, One thousand nine hundred and twenty BETWEEN THE HONOURABLE WILLIAM BRANSBY, MARQUESS OF ABERGAVENNY a person of unsound mind so found by Inquisition (hereinafter called “The Vendor”), acting by The Honourable Henry Gilbert Ralph Nevill, of Eridge Castle in the county of Sussex commonly called “Lord Henry Neville” (hereinafter called “the Committee”) pursuant to the hereinafter recited Order of the first part, The Honourable Richard Plantagenet Nevill of Eridge Castle aforesaid, C.V.O. C.M.G. “commonly called the Lord Richard Nevill” and The Most Honourable John Charles (Fourthly) Marquis Cambden (hereinafter called “The Trustees”) of the second part AND MARY MATILDA HARRIS of Gilbertstone in the parish of Longtown in the County of Hereford, spinster, (hereinafter called the “Purchaser”) of the third part.
WHEREAS under an Act of Parliament passed in the second and third years of the reign of King Philip and Queen Mary entitled “An Act concerning the restitution of the heirs male of Sir Edward Nevill, Knight”, (hereinafter called “The Principal Act”) certain hereditaments in the County of Hereford and elsewhere of which the hereditaments hereby assured form part now stand limited and settled to uses under which the Vendor is tenant in tail in possession thereof AND whereas by an Order of the Chancery Division of the High Court of Justice, made by Mr Justice Eve on the first day of May, One thousand nine hundred and seventeen The Honourable Charles Gathorne Gathorne-Hardy and the said Lord Richard Nevill were appointed trustees for the purposes of the Settled Land Acts 1882 to 1890 of the settlement created by (a) The Will of George Lord Abergavenny made and proved in the twenty seventh year of the reign of King Henry the Eighth, (b) An Act of Attainder of Sir Edward Nevill Knight passed in the thirty first year of the reign of King Henry the Eighth, (c) An Act of Restitution of Edward Nevill (the son of the said Sir Edward Nevill, Knight) passed in the thirty fourth year of the reign of King Henry the Eighth and (d) the principal Act (hereinafter called “The Compound Settlement”)
AND whereas by an Indenture dated the ninth Day of October One thousand nine hundred and three and made between The Most Honourable William Marquess of Abergavenny K.G of the one part and the Right Honourable Ralph Pelham Nevill and the Honourable Charles Gathorne Gathorne-Hardy of the other part the messuage or tenement formerly a public house known as the Sun Inn with the garden and small plot of meadow land adjoining part of the hereditaments hereinafter described and numbered 1395 on the plan drawn hereon were granted unto and for the use of the said Ralph Pelham Nevill and Charles Gathorne Gathorne-Hardy their heirs and assigns and subject to such uses or such trusts and with under and subject to such powers provisions and enactments as were then subsisting and capable of taking effect with regard to the hereditaments in the County of Monmouth now subject to the limitations of the Principal Act
AND whereas by an Indenture dated the Twelfth day of December One thousand eight hundred and ninety nine and made between Henry Cheese of the first part William Lewis of the second part the said Most Honourable William Marquess of Abergavenny K.G of the third part and the said Ralph Pelham Nevill and Charles Gathorne Gathorne-Hardy of the fourth part, the cottage or site of a cottage with the garden and premises or further part of the hereditaments hereinafter described and numbered 1396 on the plan drawn hereon were granted conveyed released and confirmed unto the said Ralph Pelham Nevill and Charles Gathorne Gathorne-Hardy their heirs and assigns to the uses and upon the trusts of and with under and subject to the Principal Act
AND whereas on the twelfth day of December one thousand nine hundred and fifteen the Vendor succeeded to the title of and became known as the Marquess of Abergavenny AND whereas under and by virtue of the several Indentures Orders of Court and events particulars whereof are given in the Second Schedule hereto the Trustees are the Trustees of the Compound settlement for the purposes of the said Settlement Land Acts.
AND whereas by an Order in Lunacy made on the twenty second day of July one thousand nine hundred and nineteen in the matter of the Vendor, the Committee was authorised subject to the approval of the Masters in Lunacy in the name and on behalf of the Vendor to exercise the powers conferred on a tenant for life under the said Settled Land Acts by selling the hereditaments in the said Order mentioned which included the hereditaments hereby assured and for that purpose to execute and do such instruments acts and things as the said Masters should settle and approve
AND whereas the Committee with the approval of the said Masters has agreed on behalf of the Vendor to sell the hereditaments hereby assured and the fee simple thereof in possession free from encumbrances to the purchaser at the price of Five hundred pounds
AND whereas the said Masters have pursuant to the said last mentioned Order settled and approved of these presents as appears by their seal impressed in the margin hereof.
NOW this Indenture witnesseth as follows;
IN pursuance of the said agreement and the last mentioned Order and in consideration of the sum of Five Hundred Pounds now paid by the purchaser to the Trustees as such Trustees as aforesaid (the receipt of which sum the Trustees hereby acknowledge) the Vendor as Beneficial Owner acting by the Committee as aforesaid and in exercise of the powers conferred by the said Settled Land Acts and of all other powers hereby conveys to the purchaser ALL that messuage or tenement known as the “Sun Inn” with the pasture and orchard thereto and together with the ruins of Longtown Castle situate in the parish of Longtown in the County of Hereford containing three acres three roods and five perches or thereabouts and more particularly described in the First Schedule hereto and delineated in the plan drawn for the purpose of identification only and not of limitation on these presents and therein surrounded by a pink verge line.
To hold unto and to the use of the purchaser in fee simple subject to the subsisting tenancies and subject to all rights of way, water light drainage rights of common and feeding rights reservations and exceptions of minerals and other rights and easements and quasi easements to which any person or persons is or are entitled over in and under the hereditaments hereby assured and subject to all liability for the constructing making and repairing of all roads, or highways, sewers drains, party walls and fences and other liabilities of a like nature to which the hereditaments hereby assured or the owner or occupier thereof may be subject by statute, covenant, prescription or otherwise and subject to the easements for constructing and maintaining a line of water pipes and an under ground tank through and on the piece of land No. 1328 on the said plan together with all other powers of entry and otherwise granted by an Indenture dated the twelfth day of June One thousand nine hundred and twelve and made between The said Most Honourable William Marquis of Abergavenny of the first part and the said Ralph Pelham Nevill and Charles Gathorne Gathorne-Hardy of the second part and John Henry Gilbert Harris of the third part but with the benefit of the Grantees Covenant for a free supply of water in respect of Nos. part 1329 and 1395 in the First Schedule hereto for domestic purposes and cattle washing of vehicles and watering garden from the Tank on field No. 1328 and to have the buildings on the said piece of land connected to the supply free of cost but subject however to the existing water supply to Gilbertstone and all other existing rights of water supply from the said Tank.
As respects the remainders and reversion expectant on the life estate of the Vendor in the premises and the title to and further assurance after his death the covenants by the Vendor which are implied by reason of his hereby conveying and being expressed to convey as Beneficial Owner shall not extend to the acts or defaults of any person or persons other than or besides himself and his own heirs claiming through or in trust for him or any of them.
The Vendor acting by the Committee as aforesaid hereby acknowledges the right of the purchaser to the production of the Indentures mentioned in the Second Schedule hereto (the possession of which is retained by the Vendor) and to delivery of copies thereof.
And it is hereby certified that the transaction hereby effected does not form part of a larger transaction or series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds Five hundred Pounds
In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.
The first schedule above referred to
| No. on Plan | Description | Acreage |
| 1324 | Pasture | 1.589 |
| 1328 | Pasture Orchard | 1.118 |
| 1329 (part) | House Etc. (Estimated) | .250 |
| 1395 | Pasture | .521 |
| 1396 | Old Cottage and Garden | .306 |
|
|
| 3.784 |
The Second Schedule above referred to
1883 August 9th. Order of the Chancery Division of the High Court of Justice appointing the Right Honourable Gathorne Viscount Cranbrook and the Honourable Ralph Pelham Nevill Trustees of the Principal Act for the purpose of the Settled Land Act 1882
1897 July 1st. Indenture made between Naomi Louisa Thomas of the one part and James Price of the other part
1899 April 28th Indenture made between the Right Honourable Gathorne then Earl and formerly Viscount Cranbrook of the first part, the said Ralph Pelham Nevill of the second part and Lieutenant Colonel the Honourable Charles Gathorne Gathorne-Hardy of the third part whereby the last mentioned party was appointed a Trustee of the Principal Act in the place of the said Earl of Cranbrook.
1912 June 12th. The hereinbefore mentioned Grant of this date
1914 August 17th Death of the said Ralph Pelham Nevill
1914 November 25th. Indenture made between the said Charles Gathorne Gathorne-Hardy of the one part and the Honourable Richard Plantagenet Nevill ( commonly called the Lord Richard Nevill) of the other part whereby Lord Richard Nevill was appointed a Trustee of the Principal Act in the place of the said Ralph Pelham Nevill deceased.
1917 May 1st The hereinbefore recited order of this date
1919 February 17th Death of the said Charles Gathorne Gathorne-Hardy
1919 July 22nd. The hereinbefore recited Order in Lunacy of this date
1919 November 25th. Indenture made between the said Lord Richard Nevill of the first part, The Most Honourable John Charles Marquis Cambden of the second part and the said Lord Richard Nevill and Marquis Cambden of the third part whereby the said Marquis Cambden was appointed a Trustee of the Principal Act and of the Compound Settlement in the place of the said Charles Gathorne Gathorne-Hardy deceased.
| Signed sealed and delivered by the above named Reginald William Bransby, Marquess of Abergavenny by Henry Gilbert Ralph Nevill in the presence of | Abergavenny |
| xxx |
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| Signed sealed and delivered by the above named Lord Richard Nevill by Joseph Arthur Burrell, his attorney |
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| Signed sealed and delivered by the above named John Charles Marquis Cambden in the presence of |
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Observations:
Family information and transcription by courtesy of Robert Long
Ref: nw_lon_5002