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The Butts Indenture, 1806

Intro

The indenture includes names of people, where they live (some Brentford, others from further afield) and relationships between several named people. It also refers to other documents dating back to 1726: in all a goldmine of information for descendants.

Six years later Ken Hull got in touch with Rob Sutherland via this website as the indenture relates to his Andrews family; they were able to meet up as they live a few miles apart in Canada - quite a remarkable chain of events. Ken adds Samuel Sotheby, referred to in the indenture, is one of the Sotheby family that founded the auctions company that still flourishes world-wide. Ken has transcribed a number of original documents for his Andrews family of Brentford: to follow.

To help pick up details from the transcript surnames have been capitalised and references to other documents are in bold.

The attorney for this document was Thomas JULLION of Brentford. Also included as a witness was Thomas FRITH clerk to Mr. JULLION.

Mr. John ANDREWS and others
to
Mr. Joseph WILKINS
As Trustee for Mr. ANDREWS

Conveyance and Appointment of a Messuage and Premises in Brentford Butts Middx

Page 1

John ANDREWS of Old Brentford in the County of Middlesex Mealfactor and Lydia his wife of the first part

William ANDREWS of the parish Saint Lawrance Reading in the County of Berks Clerk of the second part

Joseph BARTON of Fort place Bermondsey in the County of Surrey Gluemaker James LUDLAM of Oxford Street in the County of Middlesex Hosier and Sarah his wife late Sarah BARTON Spinster and Samuel SOTHEBY of the Strand within the Liberty of Westminster Bookseller and Harriet his wife late Harriet BARTON Spinster Ann BARTON of Fort place Bermondsey in the County of Surrey aforesaid Spinster and Maria BARTON of Wem in the County of Salop Spinster which said Joseph BARTON Sarah LUDLAM and Harriet SOTHEBY Ann BARTON and Maria BARTON are the only Children and Devisees named in the last will and testament of George BARTON their late father deceased of the Third part

and Joseph WILKINS of the Township of New Brentford in the County of Middlesex Painter of the Fourth part

Whereas Richard OVERS late of Old Brentford in the said County of Middlesex long since deceased by his Will Dated in the Month of April in the year One thousand Seven hundred and twentysix Devised amongst other premises the Messuage or Tenement with the Garden and other appurtenances hereunto belonging situate in or near to a place called Brentford Butts in the Township of New Brentford in the Parish of Hanwell in the said County of Middlesex and herein after Granted and Released or intended so to be unto his Cousin Samuel SWIFT and his said Cousins two sisters Mary SWIFT and Sarah SWIFT for ever to be equally divided between them share and share alike

And Whereas the said Samuel SWIFT by his Will bearing date on or about the Thirtyfirst day of August in the year One thousand Seven hundred and seventy Devised all his estates both Real and personal unto John Aylett STOW of Lincolns Inn Esquire long since deceased Subject to the payment of certain Legacies and Annuities which Legacies have been long since discharged and all of which Annuities have become determined by the Deaths of the said Annuitants And the said John Aylett STOW by his Will bearing date on or about the Twentysecond Day of October in the year One thousand Seven hundred and seventysix amongst other things Devised the said third part of the said Messuages and premises unto Anne SWIFT sometime since deceased for her Life and after her Decease unto the said John ANDREWS the Father his Heirs and Assigns forever

And Whereas the said John ANDREWS the Father and Mary his Wife duly levied a Fine of their third part of the said Messuages and premises ( on oras ?) of Hilary Term in the year One thousand Seven hundred and thirtythree And by a certain Indenture bearing Date on or about the Eighth Day of February in the said year declared the uses thereof to them the said John ANDREWS and Mary his wife their Heirs and Assigns for ever And he having survived his said wife afterwards by Indentures of Lease and Release bearing date respectively on or about the twelfth and thirteenth Days of March in the year One thousand Seven hundred and fiftysix absolutely Sold and Conveyed such third part unto his Brother Joseph ANDREWS who afterwards by Indentures of Lease and Release bearing date respectively on or about the twentyeighth and twentyninth Days of October One thousand Seven Hundred and seventytwo Sold and Conveyed the same unto the said John ANDREWS party hereto and William ANDREWS his Brother since deceased in equal undivided Moities And the said William ANDREWS is since dead Intestate leaving the Reverend William ANDREWS of Reading in the County of Berks party hereto his Eldest Son and Heir at Law who hereupon became Seized or entitled to one undivided Moiety or Half part of one undivided third part of the said Messuages and premises

And Whereas the said Swift Samuel SIMMONS [presumably should be 'Samuel Swift SIMMONS'] who was as aforesaid entitled to the remaining undivided third part of the said Messuages and premises after the Deaths of his said Father and Mother by Indentures of Lease and Release bearing date respectively on or about the thirtyfirst day of March and first day of April in the year One thousand Seven hundred and fiftyeight absolutely Sold and Conveyed the third part or share of the said Messuages and premises unto the said John ANDREWS the Father by who his Will duly executed bearing date on or about the fifteenth day of December One thousand Seven hundred and eightythree Devised the same unto his said sons John ANDREWS and William ANDREWS their Heirs and Assigns forever as Tenants in Common and not as Joint Tenants And he by such Will devised the said third part of the said Messuages and Premises which he became entitled to under the said Will of the said John Aylett STOW herein before recited as to one half part hereof to his said Son William ANDREWS his Heirs and Assigns forever As to one other third to the said John ANDREWS party hereto his Heirs and Assigns forever And as to the remaining third part thereof to his Son in Law George BARTON since deceased his Heirs and Assigns for ever

And Whereas the said George BARTON by his Will duly executed bearing date on or about the seventh Day of July in the year One thousand Seven hundred and Eightyeight devised unto his Son Joseph BARTON and his Daughters Ann Harriet Sarah and Maria all of whom are parties hereto All his Freehold Estates To hold to and to the use of his said Son and Daughters their Heirs and Assigns for ever as Tenants in Common and not as Joint Tenants as in and by the said several Indentures and Wills herein before recited relation being hereunto respectively had will more fully appear

And Whereas under such Title as is herein before recited the said parties hereto of the First Second and Third parts are entitled respectively to such undivided parts and shares of and in the aforesaid Messuages and premises as are herein after

Page 2

Mentioned that is to say the said John ANDREWS party hereto to One undivided third part and to one third of another third part thereof making together four ninth parts of the whole the said William ANDREWS to the like parts and shares thereof and the said Joseph BARTON James LUDLAM and Sarah his Wife in her Right Samuel SOTHEBY and Harriet his Wife in her Right and Ann and Maria BARTON to the remaining ninth part thereof

And Whereas the said Messuages and premises were on the twentyninth Day of May last put up to sale by public auction at the Castle Inn in New Brentford by Stephen GRIMAULT Auctioneer and the said John ANDREWS party hereto or some person on his behalfs was then and there declared to be the best bidder for and purchaser of the said premises being comprised in Lot three of the printed particulars of sale at or for the price or sum of Three hundred and Forty pounds

Now this Indenture Witnesseth that for compleating such sale and for and in consideration of the sum of One Hundred and fifty one pounds two shillings and two pence of good and lawful money of the United Kingdom of Great Britain and Ireland Current in Great Britain being Four ninth parts of the said Sum of Three Hundred and Forty pounds to the said William ANDREWS party hereto in hand at or before the Sealing and Delivery of these presents well and truly paid by the said John ANDREWS party hereto

and for and in Consideration of the Sum of Thirty seven pounds fifteen shillings and Eight pence of the like lawful Money as aforesaid being one ninth part of the said Sum of Three Hundred and Forty pounds to them the said Joseph BARTON James LUDLAM and Sarah his Wife Samuel SOTHEBY and Harriet his Wife Ann BARTON and Maria BARTON in Hand also at of before the Sealing and Delivery of these presents well and truly paid by the said John ANDREWS party hereto

the payment and Receipt of which said Sums of One hundred and Fifty one pounds two shillings and two pence and Thirty seven pounds fifteen shillings and eight pence They the said William ANDREWS party hereto Joseph BARTON James LUDLAM and Sara his Wife Samuel SOTHEBY and Harriet his Wife Ann BARTON and Maria BARTON Do hereby respectively acknowledge and of and from the same and every part thereof Do and each of them forever by these presents Doth absolutely acquit release and discharge the said John ANDREWS party hereto his Heirs Executors and Administrators

And also for and in Consideration of Ten shillings of like lawful Money as aforesaid to them the said John ANDREWS party hereto William ANDREWS party hereto Joseph BARTON James LUDLAM and Sarah his Wife Samuel SOTHEBY and Harriet his Wife Anne BARTON and Maria BARTON in hand also at or before the Sealing and Delivery of these presents well and truly paid by the said Joseph WILKINS the Receipt whereof is hereby acknowledged

He the said John ANDREWS party hereto and They the said William ANDREWS party hereto Joseph BARTON James LUDLAM and Sarah his wife Samuel SOTHEBY and Harriet his Wife Anne BARTON and Maria BARTON at his Request testified by his Executing of these presents Have and each and every one of them Hath according to their respective Shares Rights and Interests but not further or otherwise Granted Bargained Sold Aliened Released and Confirmed and by these presents

Do and each and every one of them Doth Grant Bargain Sell Alien Remise Release and Confirm unto the said Joseph WILKINS in his actual possession now being by virtue of a Bargain and Sale to him thereof made in consideration of Five Shillings to each of them the said John ANDREWS and Lydia his Wife William ANDREWS Joseph BARTON James LUDLAM and Sarah his Wife Samuel SOTHEBY and Harriet his Wife Ann BARTON and Maria BARTON paid by the said Joseph WILKINS by Indenture bearing date the day next before the Day of the Date of these presents for one whole year commencing from the Day next before the Day of the Date of the same Indenture of Bargain and Sale and by Force of the Statute for transferring uses into possession and his Heirs

All that Messuage or Tenement situate standing and being in Brentford Butts in the Township of New Brentford in the Parish of Hanwell in the County of Middlesex with the Garden to the same belonging together with the houses ( authaiwes? ) Stables Buildings Yard Backsides Ways Waters Easements priviledges Hereditaments and appurtenances whatsoever hereunto belonging as the same is and are bounded on the East by a Messuage or Tenement late in the possession of a Miss PALMER but now untenanted and on the West by a Messuage or Tenement formerly in the possession of Mr. SANDERSON and now of Captain THOMSON and which said Messuage or Tenement now Bargained and Sold or intended so to be is in the possession of Thomas WING his undertenants or Assigns and the Reversion and Reversions Remainder and Remainders Rents Issues and Profits of the said premises and every part and parcel hereof And all the Estate Right Title Interest Use Trust Possession Benefit Property Profit Claim and Demand whatsoever of them the said John ANDREWS party hereto William ANDREWS party hereto Joseph BARTON James LUDLAM and Sarah his Wife Samuel SOTHEBY and Harriet his Wife Ann BARTON and Maria BARTON and each and every one of them of in to or out of the same premises and every part and parcel hereof To Have and to Hold the same Messuage or Tenement Garden and all and singular other the

Page 3

Premises herein before Granted and Released or intended so to be and every part and parcel thereof with their and every of their appurtenances unto the said Joseph WILKINS his Heirs and assigns To the use of such person or persons for such Estate and Estates and to for and upon such Trusts Intents and Purposes and with under and Subject to such Powers Provisoes Agreements Declarations and with such Limitations and Remainders over as the said John ANDREWS party hereto by any Deed or Deeds Instrument or Instruments in Writing with or without power of Revocation to be Sealed and Delivered by him in the presence of and attested by two or more credible witnesses or by his last Will and Testament in Writing or any Codicil or Codicils thereto to be by him Signed Sealed and Published in the presence of and attested by three or more credible witnesses shall from time to time limit direct and appoint give or Devise of and concerning the said Hereditaments or any part or parts thereof and in default of such Direction Limitation or appointment Gift or Devise and in the meantime and until such direction limitation or appointment Gift or Devise shall be made and subject to any such direction Limitation or Appointment which shall not be a complete Disposition of all the said Hereditaments and of the whole of the Fee Simple and Inheritance thereof

To the use of the said John ANDREWS party hereto for and during the Term of his natural Life without Impeachment of or for any manner of waste and from and after the determination of that Estate by any means in his Lifetime To the use of the said Joseph WILKINS and his Heirs during the natural life of the said John ANDREWS party hereto In trust for the said John ANDREWS party hereto and his assigns and from and after the Determination of the said Estate so limited in use to the said Joseph WILKINS and his Heirs during the life of the said John ANDREWS party hereto

To the only proper use and Behoof of the said John ANDREWS party hereto his Heirs and assigns forever and to for or upon no other Use Trust Intent and purpose whatsoever And for the better and more effectual conveying and assuring the said Messuage or Tenement Garden and premises to the uses of the said John ANDREWS party hereto William ANDREWS party hereto Joseph BARTON James LUDLAM Samuel SOTHEBY Ann BARTON and Maria BARTON for themselves severally and respectively and for their several and respective Heirs Executors and Administrators only and the said John ANDREWS James LUDLAM and Samuel SOTHEBY for their respective wives Do and each of them Doth Covenant Promise and Agree to and with the said Joseph WILKINS his Heirs and Assigns

that they the said John ANDREWS party hereto and Lydia his wife William ANDREWS party hereto Joseph BARTON James LUDLAM and Sarah his wife Samuel SOTHEBY and Harriet his wife Ann BARTON and Maria BARTON shall and will as of last Trinity nexts Michaelmas or any other subsequent Term join and concur in levying in due form of Law before His Majestys Justices of the Court of Common Pleas at Westminster one or more Fine or Fines sur Cognizance de Droit come ceo &c to be engrossed recorded and sued forth with proclamations according to the Form of the Statute in that case made and provided and the usual course of fines for assurance of Land in such cases used and accustomed of all the aforesaid Messuage Garden and Premises herein before granted and released or intended so to be with the appurtenances thereof by such apt and convenient name and names Quantities and Qualities of Land and other Certainties and Descriptions as shall be thought fit and effectually to comprehend the same

which said Fine or Fines so as aforesaid or in any other manner or at any other time to be had levied and acknowledged and all and every other Fine and Fines already levied or acknowledged or hereafter to be levied or acknowledged of the said premises hereby Granted and Released or any part thereof by and between the said parties to these presents or whereunto they or any of them shall or may be parties (or privy?) shall be and enure and shall be adjudged deemed construed and taken to be and enure To the uses upon the Trusts and for the Intents and Purposes herein before expressed and declared of and concerning the said premises and to for or upon no other use Trust Intent or purpose whatsoever

And the said William ANDREWS party hereto Joseph BARTON James LUDLAM Samuel SOTHEBY Ann BARTON and Maria BARTON for themselves severally and respectively and for their several and respective Heirs Executors and Administrators only and the said James LUDLAM and Samuel SOTHEBY for their respective wives Do and each of them Doth covenant promise and agree to and with the said Joseph WILKINS his Heirs and assigns that they the said William ANDREWS party hereto Joseph BARTON James LUDLAM and Sarah his wife Samuel SOTHEBY and Harriet his wife Ann BARTON and Maria BARTON have not nor hath either of them made done or committed or knowingly permitted or suffered any act Deed Matter or thing whatsoever whereby or by means whereof the said Messuage or Tenement Garden and premises hereby Granted and Released or intended so to be or any of them or any part thereof are is can shall or may be in anywise impeached charged affected or incumbered in Title Charge Estate or otherwise howsoever

And Lastly that they the said William ANDREWS party hereto Joseph BARTON James LUDLAM and Sarah his wife Samuel SOTHEBY and Harriet his wife Ann BARTON and Maria BARTON and all and every other person or persons having or lawfully or equitably claiming or who shall or may have or lawfully or equitably Claim any Estate Right Title Trust or Interest of in to or out of the said Messuage or Tenement Garden Hereditaments and premises hereby Granted and Released or intended so to be by from under or in Trust for him them or any or either of them shall and will from time to time and at any time hereafter upon the request and at the proper Costs and Charges in the Law of the said Joseph WILKINS his Heirs and assigns

make Do acknowledge levy suffer and Execute or cause and procure to be made done acknowledged levied and Executed All and every such further and other lawful and reasonable Act and acts Deed and Deeds Devices Conveyances and Assurances in the Law whatsoever for the further Better more perfect and absolute Granting Conveying Assuring and Confirming the said Messuage or Tenement Hereditaments and all and Singular other the premises hereby Granted and Released or intended so to be with the appurtenances to for and upon the Uses Trusts Intents and Purposes herein before expressed and declared of and concerning the same as by the said Joseph WILKINS his Heirs or Assigns or his or their counsel learned in the Law shall be reasonably Devised advised or required so as no such further assurance contain any further or other Covenant or Warranty than is contained in these presents as against the person or persons and his or their Heirs who shall be required to make the same and so as no such person or persons for the making and doing thereof be obliged to go from his her or their usual place of abode or residence

In Witness whereof the said parties to these presents have hereunto set their Hands and Seals the Day and Year first above written

( 11 signatures with seals )

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Published March 2010