Abstract of the tithe of Mr Daniel Jermyn to a messuage Windmill and land at Wreningham in Norfolk.

1859 November 18 By Indenture so dated VS (see old abstract)

Rectg that by an Indenture dated the 16 November then instant made between Vincent Jermyn of the 1st part the said Henry Banham of the 2nd part and Robert Banham of the 3rd part of the freehold messuages land hereditaments thereafter described tapped and apared or intd so to be were appkd conveyed and apured to the use of such person or persons for such estate or estates intents purposed as the said Henry Banham by any deed or deeds with or without favour of revocation should direct limit or appoint and in default thereof subject there to do to the use of the said Henry Banham this abns during his life dems to the use of the said Robert Banham his heirs during the natural life of the said Henry Banham in trust for the said Henry Banham this apns with remr to the use of the said Henry Banham his heirs tabns and the by then receipt made all and every such parts as were personal estate of and in the Windmill thereafter described with the machinery appendages and appurtenances thereto were granted and behoof unto the said Henry Banham his heirs and assigns for his and their own use.

And recitg that Thos Banham late of Flordon in Norfolk farmer the deceased father of the said Mary Ann Banham by his last will and testament in writ and dated the 10 November 1855 executed and attested as by Law required appointed his son William Banham and James Daniel Executors thereof and the said testator give all his messuages lands for hereditaments situated in Morley otherwise Morley Saint Peter and Morley, Saint Buttolph in Norfolk and all of his real estate what so ever and where so ever sited unto and to the use of Mary Ann his the said Testators Wife during her natrl Life and after her decease unto and to the use of his said son William Banham the said James Daniel heirs his taps upon both that they the said W Banham and James Daniel or the survivor of them his heirs or assigns should after the decease of his the said Testator said wife make sale of the said hereditaments and real estate and the said Testator gave the moneys to arise from the sale of the said hereditaments and real estate hthe recuts there of from the time of the decease of his said wife until such sale unto his said son William Banham and the said James Daniel their estates to behold and applied in aid and as part of his residency personal estate thereinafter disposed of and the said Testator give unto his daughter Sarah the wife of Robert Mann the sum of £200 sterling and unto his wife the sum of £50 sterling the also gave unto his said wife so much of his household furniture and effects as the his said wife should select not exceeding in value the sum of £30 sterling for her own use and the said Testator gave unto his said Executrix all the residue of his personal estate and effects upon trust to receive convent collect and get in the same when and as they or he should think proper and the said Testator declared that his said executrix and the survivor of them his heirs and assigns should stand [remainder of the moneys to divided or to be receipted from his said residency personal estate and effects and by or from the sale of the said hereditaments as afore said and of the rents and profits there of after her decease and of all the moneys to arise and be recd by them or him under his said will subject to the payment of his the said testators debts funeral and testamentary expenses the costs charges and expenses of providing and exacting his said will the said several legacies therein before specifically given and bequeathed the inst if any there on upon trust to retain pay and divide the ultimate residue surplus of the said trust moneys then remain and units and equally between ?????? the said testators son William Banham and all his the said testators children except his said daughter Sarah the wife of Robert Mann this son Robert Banham share and share alike as tenants in common it being his intention that his said children Sarah Mann and Robert Banham should not take any share of such residue ??? the said testator decrees that the legacy share and shares of any demand under his said will should be paid into her own proper hands notwithstanding any convehece she might be then under for her sole and separate use benefit and disposal free from the control debts and engagements of her husband and that her receipt and receipts should alone notwithstanding covernance be a sufficient discharge or sufficient discharges for the same to his executors and trustees resply ??? the said testator empowered his executors to carry on any farms which should or might be carried on by him at his death as their experienced and he directed that the profits if any to accrue from carrying on the said farm or farms and farming business or any part there of should be applied as part of his residuary personal estate he ??? if any should fall upon the paid out of his said residuary personal estate.

And recite that the said testator by a codicil to his said will dated the 24 December 1855 appointed his son the said Robert Banham to be an executor and Trustee of his said will pointly with the said William Banham and James Daniel as their expenses.

And recite that the said Thomas Banham died without altering or revoking his said will except by the codicil and the said will and Codicil were duly proved by the said Executors there of on the 16 August 1856 in the Archdeaconry Court of Norfolk .

An recite that the said testator left at his decease him surviving the said Mary Ann his wife and 8 children beside the said Sarah the wife of the said Robert Mann and the said Robert Banham and the said Mary Ann the wife of the said Henry Banham was one of such 8 children and she sometime since attained her age of 21 years.

And recdg that the said Mary Ann the Wife of the Said Thomas Banham deceased died in the month of Oct 1858.

And recitg that the said E P Clarke has agreed [see old abst page 4]

Down to end of witnessing part]

All that newly erected messuage with the Windmill and other buildings.

And all that piece or parcel of land ??? by and being in Wreningham afore said containing with the sites of the said messuages Windmill to ? Buildings 1, 3. 24 (more or less) bordered by ? Land then belonging to the said Vincent Jermyn towards the North by the Turnpike road or highway leading from New Buckenham to Norwich towards the East by Cottages and land then or late belonging to Maria Burton towards South East and on past towards the South by the public road or highway leading to Knapton in o? part towards the South Highway Land their or late belong to the said Maria Burton towards the West.

All which premises were then in the occupation of the said Henry Banham or his assigns.

?o however otherwise the said hereditaments or any part thereof were or was bordered abutted tenements or distinguished and ought to be described ,

And also all other (if any) the messuages lands hereditaments site in Wreningham aforesaid or elsewhere of the said Henry Banham or of or over which he had any right or power of appointment or disposition by deed with the apparts.

Together with the fixtures which were then or should be at any time or times during the contenance of that ?esont security belonging or appetung to the schedules and expenses or any part thereof – [see old abstract p5] [down to end of witness part see p6 of old abstract]

All that the said Windmill standing herein on part of the said piece or parcel of land therein before described there by appled conveyed and apured or intd so to be.

For with the Boulting Mill sails sail cloths stones farms scales twenghts irons grasses wheels movements running and going gears Iron Crows tackle apparel furniture implements for buildings therein before described resply belonging or appertaining and which were then or which at any time during the con*vince of that security should be or upon about or belong to the said Windmill to buildings therein before described or any part shof or held or used there with give all the right ints claim them and of the said Henry Banham ????? or thts.

[see old abstract p6 ]

[see old abstract p7]

1880 May 27 – the said William Robert Clarke therein died.

1880 December 10 – Indre so dated made between Henry Banham of Wymondham in Norfolk Miller of the one part and Daniel Jermyn of Wymondham aforesaid Gentleman of the other part.

After rescitg the said indre of the 18 th November 1859 hereinbefore abstracted .

And recitg that the said Henry Banham sometime since paid off to the said Ecke Clarke the sum of £100 in part of the said msge debt being the sum of £300.

And no more remaining due on the said receipted security and all instruction for the said sum of £300 had been paid up the date of the now absg indre.

And recitg that the said Henry Banham had agreed with the said Daniel Jermyn for the absolute sale to him of the hereditaments intended to be thereby granted the inhance thereof in fee simple in possession subject to the said paid sum of £300 the instr thenceforth to become due for the same at the price of £200.

It is witnessed that in pursuance of the said agreement and on conson of £200 to the said Henry Banham paid by the said Daniel Jermyn before the execution of the now absg indre the receipt and he the said Henry Banham did thereby irrecovibly direct limit and appoint and by way of furr assurance grant ??? release convey and confirm unto the said Daniel Jermyn his heirs and assigns.

All that messuage with the Windmill ?? Buildings

And all that piece or parcel of land situated hys and being in Wrengingham afore said containing with the sites of the said messuage Windmill together with Buildings 1,3, 24 (more or less) bordered by land the or lands belonging to Vincent Jermyn towards the North by the Turnpike road or Highway leading from New Buckenham to Norwich towards the East by Cottages and Landlake belonging to Maria Burton towards the East and in part towards the South by the Public road or Highway leading to Knapton in or part toward the South and by land late belonging to the said Maria Burton towards the West.

All which premises were then in the occupation of L Nash as tenant thereof –

Or hours otherwise the said hereditaments or any part thereof were or was boarded abutting on tenanted or distinguished and ought to be described

And all the estate ?to

Fohold the hereditaments and messuages thereby granted or expurgated

So to be (subject never the less to the said indre of mortgage the said sum of £300 thereby secured there remaining due thereon tall indt thenceforth to become due in respect of the same) unto and to the use of the said Daniel Jermyn his heirs and assigns for ever.

Covenant by the said Henry Banham did for himself his heirs exs and assign with the said Daniel Jermyn his ??? tapss that he the said Henry Banham then has good right to grant [crossing out] for quiet enjoyment free from incumbs (except the said mortgage) and for further aparces.

Covenant by the said and Jermyn did for himself his heirs exs ads and assigns with the said Henry Banham his exs and ads the he the said and Jermyn his heirs exs ads or apss would pay the said Puncl sum of £300 and all inlt henceforth to become due here on and would at all times there after keep indemnified the said Henry Banham his heirs exs and ads from and against the payment of the said sum of £300 and the intl there of and every part of the respbly and from and against all actions claims and demands for or on account of the same or in anywise relating unto –

Executed by both the said parties and duly attested by one witness.

Receipt for £200 signed by the said Henry Banham and witnessed.

Mr. Clarke Mill to follow here.

1887

Draft

Abstract of title of Mr Daniel Jermyn to a Windmill etc at Wreningham.

Copyright © Jonathan Neville 2006