APPOINTMENT OF ESTATE, January 12, 1808

Copy

Mrs. Leonora Hyde's

Appointment of her
Taunton Dean Estate
situate at Rimpton in
County Somerset.

Dated 12th January 1808

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To all to whom these presents shall come unto or concern Leonora
Hyde wife of Thomas Hyde of Sherborne in the County of Dorset Organist
(late Leonora Miller Widow Relict and also customary Heir of William
Miller late of Sherborne aforesaid yeoman deceased) Fondeth greeting
Whereas by certain Articles of Agreement tripartite bearing date the
fifteenth day of September one thousand seven hundred and ninety made
between the said Leonora Hyde by her then name and description of Leonora
Miller of Sherborne in the County of Dorset Widow Relict and also customary
Heir of William Miller late of Sherborne aforesaid Yeoman deceased of
the first part Thomas Hyde of Sherborne aforesaid Organist of the second
part Edward Tolbort also of Sherborne aforesaid Plumber John Hellier also
of Sherborne aforesaid Currier and William Jeboult of Taunton Saint Mary
Magdalen in the County of Somerset Organist of the third part After
reciting that the said Leonora Hyde then Leonora Miller then was and
stood lawfully rightfully and absolutely seised estated and interested to or
to the use and behoof of her her Heirs and Assigns for ever according to the
custom of the manor of Rimpton and Taunton Dean in the said County of
Somerset of and in one Messuage and one Farthingland xxx xxxxxxxx of Bond
Land in the Tything of Rimpton theretofore of John Roffe deseased afterwards
James Woffe Carpenter and John Roffe Whitesmith and then late of the said
William Miller and which said messuage Farthingland and Premises are
situate lying and being within the Parish of Rimpton in the said County of
Somerset and were then in the possession of       Downe Yeoman as tenant
Hereof to the said Leonora Miller. And also that a marriage was agreed
on and soon intended to be had and solemnized by and between the said
Thomas Hyde and the said Leonora Miller now the said Leonora Hyde
in consideration whereof and for settling and assuring the said Messuage
Lands and Premises parcel of the said Manor of Rimpton and Taunton Dean
unto and upon the uses trusts ends intents and purposes thereinafter limitted
expressed and declared of and concerning the same It was concluded
and agreed by and between all the said parties to the present reciting
Articles and the said Leonora Miller now Leonora Hyde ny and with the 
consent of the said Thomas Hyde testified as therein mentioed Did
thereby for herself, her Heirs and Assigns covenant promise and agree
to and with the said Edward Tolbort, John Hellier, and William Jeboult
and the Survivors and Survivor of them his and their Heirs That she the
said Leonora Miller (now Hyde) her Heirs and Assigns should and would
immediately upon the execution of the present reciting Indenture at 
                                                        
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the proper costs of the said Leonora Miller (now Hyde and according to the
custom of the Manor of Taunton Dean and Rimpton will and sufficiently
surrender convey and assure unto or to the use and behoof of the said Edward 
Tolbort John Hellier and William Jeboult their Heirs and Assigns All
and singular the said Messuage or Farthingland of Bondland and all and
singular other the Messuages Lands Hereditinments and Premises of the said
Leonora Miller (now Hyde) situate at Rimpton aforesaid and parcel of the said
Manor of Taunton Dean and RImpton Together with all Houses Outhouses
Edifices Buildings Stables yards Orchards Backsides Ways Paths
Passages Waters Watercourses Easements Profits Privileges Advantages
Emoluments Hereditaments and Appurts to the same premises belonging
or in any wise appertaining and which then were or at any time theretofore
of right had been used occupied or enjoyed or accepted deemed or taken
as part or parcel thereof upon the special trust and confidence
nevertheless in the said Edward Tolbort, John Hellier and William Jeboult
and the Survivors and Survivor of them his and their Heirs and to the uses
behoofs ends intents and purposes and by with and under the several
limitations powers authorities liberties provisoes and agreements
therein and hereinafter declared limited mentioned provided and
expressed and to for and upon no other use trust and intent or purpose
whatsoever (that is to say) To the use of the of the said Leonora Miller
(now Hyde) and her Heirs and Assigns until the said intended marriage should
take effect And from and after the solemnization thereof Then to and for
the sole and separate use and benefit of her the said Leonora Miller (now
Hyde) and her Assigns during her natural life distinct and apart from 
the use of the said Thomas Hyde her intended husband notwithstanding
the coverture between them It being agreed by all the said parties that
no part of the said Messuage lands and Premises or the Profits thereof
shall be deemed or taken for the Estate of the said Thomas Hyde or be any
way liable to his control debts or engagements or in any manner chargeable
or extendable on his accound but that the Rents and Profits thereof shall
always after the coverture and during the continuance thereof be had and
taken by the said Leonora Miller (now Hyde) as if sole to her own separate
use or otherwise paid and delivered into her own hands or into the hands
of such person or persons as she should by any note or writing and or her
hand notwithstanding her coverture appoint for that purpose to be
by her disposed of as she should think fit exclusive of her said intended
husband or of any power in him to control the same And from and after

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her decease Then to the use and behoof of such person or persons and for such
Estate or Estates uses Ends Intents or Purposes and subject to such charge or
charges as the said Leonora Miller (now Hyde) should at any time or 
times during her life notwithstanding her coverture and whether she 
be sole or married by any deed or writing with or without power of
revocation under her hand and seal attested by two or more credible
witnesses or by her last Will and Testament in writing or any writing
purporting to be her last Will and Testament (and which it should be
lawful for her to make notwithstanding her coverture) to be by her
executed in the presence of and attested by three or more credible witnesses
limit direct or appoint give or devise the same or any part thereof
And in default of such direction limitation or appointment givt or devise
or in case any such should be when and so soon as the Estate and
Interest thereby limited should respectively end and determine and
as to such part or parts of the Premises whereof no such limitation
direction or appointment gift or devise should be made To the use
and behoof of the right Heirs of the said Leonora Miller (now Hyde)
for ever according to the course of descents of the Common Law of
England and not according to the custom of the said Manor of Taunton
and Rimpton And whereas in pursuance of the covenant and agreement
contained in the aforesaid recited Articles of Agreement the said Leonora
Miller (now Hyde) on the same fifteenth day of September one thousand
seven hundred and ninety surrendered into the Hands of the Lord the
said Messuage and one Farthing Land of Bondland to the care and behoof
of the said Edward Talbort John Hellior and William Jeboult their Heirs
and Assigns for ever according to the custom of the manor of Taunton Dean
To be holden upon such conditions cares trusts ends and intents and purposes
and under and subject to such directions limitations and appointments
as are mentioned expressed and contained in the same Articles of Agreement
to all intents and purposes As in and by the said recited Articles and
Surrender now remaining upon Record in the Castle of Taunton (reference
being thereunto respectively had) may and will more fully and at large
appear And Whereas the marriage between the said Thomas Hyde
and Leonora Miller was soon after the date and exectuion of the aforesaid
recited Articles and Surrender duly had and solemnized And Whereas
the said Leonora Hyde is desirous and hath agreed with George Miller
her only Son by her said former husband William Miller deceased

[in pencil:] ..........

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that the aforesaid Messuage and one Farthingland of Bondland shall be
appointed settled and assured in Revocation or Remainder immediately
expectant on her own decease To the uses and in the manner hereafter
expressed and declared of any concerning the same Now know ye and
these presents witness that she the said Leonora Hyde (late Leonora Miller)
in pursuance exercise and execution of the said recited power reserved to
and vested in her by or under the aforesaid recited Articles of Agreement
and surrender and of all and every other power and authority powers
and authorities whatsoever in her vested or her thereunto enabling and
by force ___istice thereof, Hath directed limited and appointed and by this
present Deed or writing under her Hand and Seal executed in the presence
of and attested by the two credible witnesses attesting the execution hereof
Doth absolutely and irrevocable A___ direct and appoint That from
and immediately after the decease of her the said Leonora Hyde and in the
mean time subject to her life Interest Herein All and singular the said
Messuage and on Farthingland of Bondland and all other the Messuage
Lands Heredits and Premises in the said recited Articles and Surrender
comprised and hereinbefore mentioned and which were late the Estate of
the said William Miller deceased with all and singular ___
Appurtenances shall pass henceforthe be and remain and that the
said recited Articles and Surrender and all other assurances thereof
shall henceforth operate and ensure as to all and singular ___
said Heredits and Premises with the Appurtenances in reversion or
remainder expectant on the decease of her the said Leonora Hyde To
and for the several cases intents and purposes hereinafter expressed and
declared of and concerning the same (that is to say) To the use of the
said George Miller his Heirs and Assigns for ever But in case he the said
George Miller shall happen to die in the life time of his mother the said
Leonora Hyde leaving one or more Child or Children of his body heir
surviving Then to the use of such Child or Children in such parts or
proportions and for such Estate or Estates and in such manner and form
as he the said George Miller by any Deed or writing under his Hand and
Seal or by his last Will and Testament shall declare direct limit and
appoint and in default of such direction limitation or appointment
To the use of all and every such Child or Children equally to be divided
between them (if more than one) as tenants in Common their respective
Heirs and Assigns for ever And if but one Child then to the use of such
only Child his or her Heirs and Assigns for ever But in case he the
said George Miller shall happen to die in the life time of the said
                                                           
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Leonora Hyde without having any lawful issue heir surviving or
leaving such Issue and all such Issue shall afterwards die in the life
time of her the said Leonora Hyde Then and in such case or event
these presents and the appointment hereby made and all other
assurances thereof shall from thenceforth operate and ensure as to
all and singular the aforesaid Heretidaments and Premises with the
Appurts To and for such uses ends intents and purposes as she the said
Leonora Hyde notwithstanding her Coverture and whether sole or married
shall hereafter by any Deed or writing Deeds or Writings under her
Hand and Seal attested by two or more credible witnesses or by her last
Will and Testament or any writing in the nature thereof shall declare
direct limit or appoint And in default of such last mentioned
direction limitation or appointment To the use of the right Heirs of her
the said Leonora Hyde absolutely for ever according to the custom of
the aforesaid manor In Witness whereof the said Leonora Hyde hath
hereunto set her Hand and Seal this Twelfth day of January one
thousand eight hundred and eight.
                                            Leonora [L.S.] Hyde

Sealed and delivered in 
the presence of
P. Balson
Geo. Harry

Examined with the Original Deed of appointment
by us the undersigned this sixth day of march 1815
and of which this is a true copy witness our
Hands
Geo. Wm. Fox
Geo. Miller

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I account to have in my hands the original Deed of which this
is a copy and that the same is placed in my hands by
Mrs. Hyde and Mr. George Miller to keep as between them and
to be delivered to neither without the consent of both Dated
this Tenth day of January 1822
                              Geo. Harry