Purchase of Coxes Field by Nicholas Lelliott 1805

18th day of Feb[uar]y 1805

By Indenture of Feoffment and Appointment of this Date between thesaid James Heather of the first Part Nicholas Lelliott of Worthing af[ore]s[ai]d Officer in the Customs of the second Part and Richard Cook also of Worthing aforesaid Builder of the third Part after reciting the last abstracted Indentures

It is Witnessed that as well in Cons[iderati]on of the Sum of £85:1s:0d to thes[ai]d Jas Heather p[ai]d by thesaid Nicholas Lelliott as of the Covenants thereinafter contained on the Part of thes[ai]d Nicholas Lelliott and also in Cons[iderati]on of 10s to thes[ai]d James Heather p[ai]d by thes[ai]d A Cook the said James Heather did give grant bargain sell alien enfeoff direct limit appoint and confirm unto thes[ai]d Nicholas Lelliott his Heirs & As[sign]s.

All that Piece of Land lying and being in a certain field in Worthing aforesaid called Coxes Field containing in Length from East to West 40 feet 11. 7 inches and in Breath from North to South 28 feet bounden by Cross Lane on the North by other Part of Coxes Field the Property of thes[ai]d James Heather on the South by a Road or Way Hereinafter mentioned as made or to be made from Cross Lane aforesaid to the Sea on the East and by Land of Winchester on the West and then or then late in the Occupation of thesaid James Heather Together with free Liberty of Ingress Egress and Regress at all times for ever for him thes[ai]d Nicholas Lelliott his H[ei]rs & Ass[ign]s being the Owners or Proprietors of the aforesaid Piece of Land or any Part thereof or of any Messuage or Building thereafter erected thereon on on any Part thereof & his her and their Tenants Servants Workmen and all others having aught to do in or on thesaid Piece of Land Messuage or Building with Waggon Carts Carriages Horses or otherwise howsoever by and through a Road or Way twenty feet wide made or to be made by thesaid James Heather from thesaid Lane called Cross Lane to the Sea Beach and close to the afores[ai]d Piece of Land / the western half part of which s[ai]d Road or Way from Cross Lane aforesaid to the South Part of the afores[ai]d Piece of Land is to be kept in Repair for ever by thes[ai]d Nicholas Lelliott his H[ei]rs or Assigns Proprietor or Proprietors of thesaid Piece of Land and the Residue of thesaid Road or Way by thes[ai]d James Heather his Heirs of Ass[ign]s Proprietors of the Lands adjoining thesame and also all Ways &c &c

To hold the same unto the said Nicholas Lelliott his Heirs and Assigns To the Uses thereinafter expressed and declared of and concerning thesame, that is to say,

To the Use of such Person or Persons for such Estate and Estates and to and for such Intents and Purposes and in such manner as thes[ai]d Nicholas Lelliott by any Deed or Deeds Instrument or Instruments in Writing to be by him sealed and delivered in the Presence of two or more credible Witnesses or by his last Will and Testament in Writing or any Writing in the Nature of or purporting to be his last Will and Testament or any Codicil thereto to be by him signed sealed and published in the Presence of and attested by three or more credible Witnesses sh[oul]d direct limit or appoint and in Default of and until such Direction Limitation or appointment To the Use of thes[ai]d Nicholas Lelliott and his Ass[ign]s for and during the Term of his natural Life and from and after the Determination of that Estate by any means in his life time To the Use of thes[ai]d A Cook & his Heirs for and during the natural Life of thes[ai]d Nicholas Lelliott In trust nevertheless for him thes[ai]d Nicholas Lelliott and his Ass[ign]s And from and after the Determinat[io]n of the Estate so limited in Use to thes[ai]d P Cook & his Heirs

To the Use of thes[ai]d Nicholas Lelliott his Heirs & Ass[ign]s forever

Covenants from thes[ai]d James Heather that he was lawfully seized, had good Right to convey, for peaceable Enjoyment for further Apurance, for the Production of certain Title Deeds, and for making a good Road 20 feet wide from Cross Lane af[ore]s[ai]d to the Sea and keeping the Eastern half part of thes[ai]d Road to the South part of thes[ai]d Piece of Land and the whole of such Road from thence to the Sea in good Rep[ai]r. Cov[enan]t from thes[ai]d Nicholas Lelliott to keep the western half part of thes[ai]d Road from Cross Lane af[ore]s[ai]d to the South part of thes[ai]d Piece of Land in good Repair

Executed by all parties & with Mem[be]r of Livery of Seizin & Receipt for the Cons[iderati]on Money indorsed attested by 2 Witnesses

Mr. Davies having contracted to purchase part of the property to which this abstract relates Mr. Duval is requested to peruse this abstract on his Behalf & Mr. Duval's attention is particularly requested to the query in the Margin of page 7

There is an important objection to the early part of the title. It does not appear from the Settlement in 1720 that Tho[ma]s Shadwell had any power to make an exclusive appointment in favor of his younger son, and (hole) he had such power it could not be executed by his Will which appears to be dated before the date of the Settlement. The Settlement is dated the 2d Feb[ruar]y and the Will the 19th of Apl. 1720 – but as the year then commenced on the 25th of March the Month of Ap[ri]l preceded that of Feb[ruary]y. With respect to the subsequent part of the title, there is ground to contered that by the conveyance of the 24th Dec[embe]r 1799, the legal Estate was vested in Mr Markwich and it must therefore be enquired whether he was married at the date of the Conveyance of the 20th July 1802, (sloping line with four small horizontal dashes crossing it) and if so, the estate must be discharged from the right of dower of his wife or Widow if now living The same question arises as to the effect of the Conveyance of the 8th of June 1803, and therefore the same enquiry must be made as to the right of dower of any wife or Widow of James Heather. I do not think it perfectly clear whether the Deed of the 18th Feb[ruar]y 1805 operated as an exercise of the power of appointment or as a conveyance of James Heather's interest, and that, on this account, in order to perfect the title, Stephen Hersee, the trustee for Heather, should join in any conveyance which may be made at present And, I think that if the Vendor is married, a fine should be levied to bar his wife of Dower

Lewis Duval

______ ______ 3d Ap[ri]l 1810

In the margin on page 7

Will this operate by Way of appointment to the Uses of the Deed & should not the power of appointment have been exercised separately & the Uses immediately declared without any habendum ~ & in Case it does not operate by appoint[men]t can the Trustee release his legal Estate & thereby perfect the Title & Will a Bargain & take for a Year or Delivery of Seizin from him be necessary the Vendee being already in possession under the Conveyance

Due opinion fv. 9

Transcribed by Janice Ferris from copy of original document ref: WSRO Add Mss 24261, Abstract of the title of Nicholas Lelliott to part of Coxes Field in Worthing 1810. Title deeds of properties of Messrs. Currys Ltd 1783-1972.

  1. Notes not in original text are in italics
  2. Cross Lane is the modern day Montague Street. Coxes Field was where Currys Ltd. used to be, 105-109 Montague Street, now Poundland.
  3. Seizin: possession of land by freehold
  4. Feoffment: a grant of ownership of freehold property to someone
  5. Enfeoff: give freehold property or land in exchange for a pledge of service
  6. Livery of seizin: the ceremonial procedure at common law of conveying freehold land to a grantee, the seller physically passed a clod of earth from the property to the buyer
  7. Habendum (et tenendum... in perpetuum): to have and to hold for ever – the grant was permanent
  8. Dower: property or income settled on a woman at marriage by her husband's family that she enjoyed on her husband's death
  9. Fine: with regard to land, a legal document that ended a fictitious lawsuit