DEEDS OF CEDAR LODGE
1874 - 2005

The earliest document in the Deeds of Cedar Lodge is dated November 1874. This is a Conveyance between the Bomford family, who were the vendors and Job Jelf who was the purchaser. A document, called an Abstract of title and dated January 1926, includes a schedule of events effecting the property back to 1893.

  • No.1: dated 1874 - Conveyance.
  • No.2: dated 1888 - Conveyance.
  • No.3: dated 1925 - Abstract of Title.
  • No.4: dated 1925 - Indenture.
  • No.5: dated 1947 - Conveyance.
  • No.6: dated 1955 - Abstract of Title.
  • No.7: dated 1955 - Conveyance.
  • No.8: dated 1955 - Mortgage.
  • No.9: dated 1955 - Search.
  • No.10: dated 1961 - Conveyance.
  • No.11: dated 1963 - Conveyance.
  • No.12: dated 1973 - Conveyance.
  • No.13: dated 1973 - Search.
  • No.14: dated 1976 - Assent.
  • No.15: dated 1976 - Epitome of Title.
  • No.16: dated 1976 - Will of Curtis Agate.
  • No.17: dated 1977 - Conveyance.
  • No.18: dated 1977 - Epitome of Title.
  • No.19: dated 1977 - Search.
  • No.20: dated 1983 - Marriage certificate.
  • No.21: dated 1984 - Conveyance.
  • No.22: dated 1987 - Conveyance.
  • No.23: dated 1987 - Mortgage.
  • No.24: dated 2005 - Registration of Deeds.
  • INDEX TO PEOPLE

    Curtis Edward Agate, Pamela Elizabeth Agate, Benjamin Bomford, John Bennett, Robert Bentley Buckle, A H Cross, Arthur Gordon Cutler, Arthur Henry Cutler, Caroline Cutler, William Davis, Herbert Downes, Charles Ellis, Colin Antony Foster, Francoise Foster, George Henry Garrard, James George, William Gourlay, Zoe Gourlay, Dorothy Hall, John Hall, J M Harrison, John H Hooper, Job Jelf, George Malin, William Meek, Frank Morgan, Mrs Rebecca Knight, Annie Eliza Penney, George William Penney, Julia Penney, Mary Jane Penney, Frederick Pick, Julia Pick, Rev Theophilus Sharp, William Smith, John Templer, John Tovey, Alan Tweedale, Charles Wakefield, Sarah Wakefield.

    No.1:         Conveyance of a close or parcel of land in Harvington - one large folded sheet.

    [Reverse of sheet:]
    [Center]
    Dated 30th day of Novr 1874.

    Benjamin Bomford Esq / To / Job Jelf Esq

    Conveyance of a Close or parcel of
    land at Harvington
    in the County of Worcester

    [left]
    Received on the day and year first within written of   )
    and from the within named Job Jelf the sum of One   )   £190
    hundred and ninety pounds being the consideration    )
    money within expressed to be paid by him to me       )
    witness

    Herbert Downes

    Benjm Bomford

    [right]
    Signed sealed and delivered by the within named Benjamin
    Bomford and George Henry Garrard in the presence of

    Herbert Downes
    Clerk to Messrs New Prance & Garrard
    Solrs Evesham

    Signed sealed and delivered by the within named Job. Jelf in the
    presence of

    John [?] Sunting
    Solr
    Chesterfield

    [front of sheet This is a large document with long lines of text, therefore a certain amount of lapping is likely.]
    This Indenture made the thirtieth day of November One thousand eight hundred and seventy four Between Benjamin Bomford of Pitchill in the parish
    of Salford Priors in the County of Warwick Gentleman of the first part Job Jelf of Chatsworth near Chesterfield in the County of Derby Gentleman of the
    of second part and George Henry Garrard of Evesham in the County of Worcester Gentleman of the third part Whereas by an Indenture dated the
    of ninth day of April One thousand eight hundred and seventy four and made between The Venerable and Reverend Robert Bentley Buckle Clerk of the one
    part and the said Benjamin Bonmford of the other part For the valuable consideration therein mentioned the Close of Land or orchard and hereditaments
    hereinafter described and intended to be hereby granted were with other hereditaments of much greater value granted and conveyed unto and to the use of the
    said Benjamin Bomford his heirs and assigns for ever And whereas the said Benjamin Bomford hath contracted and agreed with the said
    of Job Jelf for the sale to him of the said Close of land or orchard and hereditaments hereinafter described and intended to be hereby granted and the fee
    simple and inheritance thereof in possession free from incumbrances at the sum of One hundred and seventy pounds And whereas the said Job Jelf is desirous that the said hereditaments should
    be conveyed to the uses and in manner hereinafter appearing Now this Indenture Witnesseth that in pursuance of the said agreement and in consideration of the sum of One hundred
    and ninety Pounds to the said Benjamin Bomford paid by the said Job Jelf at or before the execution of these presents the recited[?] of which said sum he the said Benjamin Bomford doth hereby
    acknowledge and thereof and therefrom doth hereby release and for ever discharge the said Job Jelf his heirs executors and administrators by these presents For the said Benjamin Bomford Doth by
    these presents grant release and convey unto the said Job Jelf and his heirs All that Close piece or parcel of Pasture or Orchard land situate in the parish of Harvington in the County of Worcester
    called the Cherry Orchard containing by admeasurement two roods and thirty perches or thereabouts as the same Close or parcel of land is bounded on the North by the Harvington Glebe on the East by a
    Messuage and premises belonging to the said Job Jelf on the West by property belonging to George Malin and on the South a track or lane leading into the village Street of Harvington aforesaid


    and for the further description thereof is delineated on the plan drawn on these presents and thereon coloured Pink Together with all buildings trees hedges
    ditches fences ways waters watercourses rights members easements and appurtenances to the said hereditaments and premises hereinbefore expressed to be
    hereby granted belonging or in anywise appertaining And all the Estate right title interest property possession benefit claim and demand whatsoever
    both at law and in equity of the said Benjamin Bomford of in do out of or upon the said hereditaments and premises hereinbefore expressed to be
    hereby granted and every part thereof To have and To hold the said Close or parcel of land and hereditaments and all and singular other the
    premises hereinbefore expressed to be hereby granted unto the said Job Jelf and his heirs To such uses upon such trusts and to and for such ends intents
    and purposes as the said Job Jelf shall by any Deed or Deeds with or without power of revocation and new appointment from time to time direct limit or
    appoint And in default of any such direction limitation or appointment and so far as the same if incomplete shall not extend To the use of the said Job Jelf
    and his assigns for and during the term of his natural life without impeachment of waste And from and immediately after the determination of that
    estate by forfeiture or otherwise in his lifetime To the use of the said George Henry Garrard and his heirs during the life of and in trust for the said
    Job Jelf and his assigns And immediately after the determination of the lastly hereinbefore limited estate To the use of the said Job Jelf his heirs and
    assigns for ever And the said Job Jelf doth hereby declare that no widow he may leave at his decease shall be entitled to dower out of or in the said
    hereditaments or any part thereof And the said Benjamin Bomford doth hereby for himself his heirs executors and administrators Covenant with
    the said Job Jelf his appointees heirs and assign s that for and notwithstanding any act or thing done or committed by him the said Benjamin Bomford
    to the contrary he the said Benjamin Bomford now hath good right to grant and assure the hereditaments and premises hereinbefore expressed to be hereby
    granted to the uses and in manner aforesaid And that the same hereditaments shall at all times hereafter go remain and be to the uses and upon the
    trusts hereinbefore limited and declared and be peacefully and quietly entered into and upon and the rents issues and profits received and taken by
    the said Job Jelf his heirs appointees and assigns accordingly without any interruption or disturbance from or by the said Benjamin Bomford or his
    heirs or from or by any person or persons rightfully claiming through or under him or them And that free from and effectually kept indemnified
    against all and all manner of former and other estate rights titles charges debts and incumbrances whether already or hereafter to be had made
    executed occasioned or suffered by him the said Benjamin Bomford or his heirs or by any person or persons rightfully claiming through under or
    in trust for him or them and further that he the said Benjamin Bomford and his heirs and all other persons whomsoever having or rightfully
    claiming any estate or interest in the said hereditaments hereinbefore expressed to be hereby granted through under or in trust for him shall and will
    at all times hereafter upon every reasonable request by and at the expense of the said Job Jelf his heirs appointees or assigns make do and execute or
    --[?]use and procure to be made done and executed all such further and other lawful and reasonable acts deeds and assurances in the law whatsoever
    for the further or better granting or otherwise assuring the hereditaments and premises expressed to be hereby granted to the uses and in manner
    aforesaid as by the said Job Jelf his heirs appointed or assigns or his or their Council in the Law shall be reasonably devised or advised
    and required And lastly that he the said Benjamin Bomford his heirs and assigns shall and will at all times hereafter upon every
    reasonable request by and at the expense of the said Job Jelf his heirs appointees or assigns produce unto him or them or as he or they may
    reasonably require the Deeds and Documents mentioned in the Schedule hereunder written for the proof of the title of the said Job Jelf his heirs appointed or assigns to the hereditaments
    and premises hereinbefore expressed to be hereby granted and also shall and will at the like request and expense make and furnish to the said Job Jelf his heirs appointees or assigns true
    and attested or plain unattested copies or abstracts of or extracts from the same Deeds and Documents or any or either of them and permit and suffer such copies abstracts or extracts to be
    examined with the respective originals and also shall and will in the meantime keep and preserve the same Deeds and Documents safe whole and uncancelled damage by fire or other
    inevitable accident only excepted In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

    The Schedule above referred to

    19th July 1873:
    Surrender John Tovey junior and James George John Templer previous to Enfranchisement.

    24th July 1873:
    Indenture of Enfranchisement of this date made between The Ecclesiastical Commissioners for England of the one part and the said Venerable and Reverend Robert
    Bentley Buckle of the other part.

    9th April 1874:
    The hereinbefore recited Indenture of this date.

    Benjm [seal] Bomford - Job [seal] Jelf - Geo H [seal] Garrard

    No.2:         Conveyance of a piece of land in the Parish of Harvington - one large folded sheet.

    [Reverse of page three:]
    [Center]
    Dated 28th June 1888.

    The Revd Theophilus Sharp
    with the consent of the Patrons
    and Ecclesiastical Commissioners

    to

    Mr George William Penney

    Conveyance of a
    piece of land in the Parish of
    Harvington in the County of
    Worcester

    [right]

    Plan within referred to

    Scale 1/2500 Ordnance Map.

    [Page one:]
    [Stamp in top left margin] 26-1-88. Seven Shillings and Six Pence.

    This Indenture made the
    twenty eighth day
    of June One thousand eight hundred and eighty eight
    Between The Reverend Theophilus Sharp, Rector
    of the Rectory and Parish Church of Harvington in the County and
    Diocese of Worcester Clerk of the Holy Orders of the first part The
    Ecclesiastical Commissioners for England (hereinafter called
    the said Commissioners) of the second part The Very Reverend
    John Gott Doctor of Divinity Dean of the Cathedral Church of
    Christ and the Blessed Mary the Virgin of Worcester and The
    chapter of the same church (hereinafter called the Patrons of the
    Rectory) of the third part and George William Penney of
    Harvington aforesaid Gentleman of the fourth part
    Whereas the said Theophilus Sharp is the Rector of the Rectory
    and Parish Church of Harvington aforesaid and the Patrons are the
    Patrons of the Rectory And whereas the said Theophilus
    Sharp is seized in the right of the said Rectory to him and his Successors
    on the inheritance in fee simple in possession free from incumbrances
    of (inter alia) the piece or parcel of Land and hereditaments hereinafter
    described and intended to hereby granted and conveyed And
    whereas pursuant to the authority contained in the Ecclesiastical
    Leasing Act 1858 the said Theophilus Sharp as such Rector as
    aforesaid with the consent of the Patrons and with the approval of
    the said Commissioners respectively testified as hereinafter mentioned
    has agreed with the said George William Penney for the
    conveyance to him of the inheritance in fee simple in possession
    free from all incumbrances of the said piece of Land and
    hereditaments hereinafter described and intended to be hereby
    conveyed in consideration of the sum of Seventy Pounds And
    whereas it has been made to appear to the satisfaction of the
    said Commissioners that the said Sale will be to the permanent
    advantage of the Estate or Endowments belonging to the said
    Rectory of Harvington aforesaid Now this Indenture Witnesseth
    that in pursuance of the said Agreement and in consideration of
    the sum of seventy Pounds paid by the said George William
    Penney into the Bank of England to the credit of the said
    Commissioners before the execution of these Presents as directed by
    them in that behalf the receipt of which said sum of Seventy
    Pounds is testified by the Memorandum endorsed hereon and the
    payment whereof the said Commissioners do also hereby acknowledge
    He the said Theophilus Sharp under and by virtue of power and
    authority for this purpose given to him by the hereinbefore recited
    Ecclesiastical Leasing Act 1858 and of every other power and
    authority in anywise enabling him in this behalf with the
    consent of the Patrons testified by their being party to and affixing

    [Page two:]
    [VR Stamp top right]

    Their Common Seal to these Presents and with the
    approval of the said Ecclesiastical Commissioners
    testified by this Deed under their Common Seal
    Doth hereby grant and convey unto the said George William
    Penney and his heirs All that piece or parcel of Land containing
    by admeasurement half an acre or thereabouts be the same more
    or less situate in the Parish of Harvington in the County of
    Worcester and bounded on the South and East sides
    thereof by hereditaments belonging to the said George William
    Penney and forming part of the Glebe of the said rectory
    numbered 76 on the Ordnance Plan of the District which said
    hereditaments intended to be hereby conveyed for the better
    identification thereof are delineated and shown on the Map
    hereon endorsed and thereon coloured Pink Together with the
    appurtenances to the same belonging or appertaining To have
    and to hold
    the said hereditaments and premises and all
    and singular the premises hereinbefore expressed to be hereby
    granted and conveyed subject to the Tithe Commutation Rent
    Charge and to all other duties payments and obligations
    Ecclesiastical or Civil charged upon or payable out of or in respect
    of the said premises or any part thereof and to all rights of way
    water and other rights and easements (if any) affecting the same
    Unto and To the Use of the said George William Penney his
    heirs and assigns for ever And the said Theophilus sharp doth
    hereby for himself his heirs executors and administrators
    Covenant with the said William Penney his heirs and
    assigns that he the said Theophilus Sharp hath not at any
    time heretofore made done committed or suffered any act deed
    matter or thing whatsoever whereby or by means whereof the
    said premises hereinbefore expressed to be hereby granted and
    conveyed him the said Theophilus Sharp or any part thereof
    are is can shall or may be charged impeached affected or
    encumbered in title estate or otherwise howsoever or whereby he
    is in anywise hindered or prevented from granting and conveying
    the said premises or any of them unto the use of the
    said George William Penney his heirs and assigns in manner
    aforesaid according to the true intent and meaning of these
    Presents And the said George William Penney doth hereby for
    himself his heirs executors administrators and assigns Covenant
    with the said Theophilus Sharp his Successors and Assigns and
    also by way of separate Covenant with the said Commissioners
    and their Successors in manner following that is to say that
    the said George William Penney his heirs or assigns shall
    and will forthwith will erect and build to the satisfaction of the
    said Theophilus Sharp as a boundary to the land hereby
    conveyed a substantial brick wall on the north and east sides
    thereof and a substantial paling of wood on the south side

    [Page 3:]
    thereof and for ever thereafter well and sufficiently repair
    and maintain the same And it is hereby declared
    that as between the said Commissioners and their Successors
    and the said Theophilus Sharp his Successors and Assigns
    that it shall not be compulsory upon the said Commissioners
    or their Successors to take any proceedings to enforce the
    observance or performance of the Covenant hereinbefore
    contained but that it shall be entirely discretionary with
    the said Commissioners and their Successors to take such
    proceedings or not as they may think proper In witness
    whereof the these Presents the said Commissioners and the
    said Patrons have caused there Common Seals to be affixed
    and the said other parties hereto have hereunto set their
    hands and seals the day and the year first above written.

    Signed sealed and delivered )
    by the said Theophilus Sharp )       Theophilus Sharp [signed with stamp]
    in the presence of )

    John H Hooper
    Solicitor Worcester

    Sealed by the Ecclesiastical )
    Commissioners for England in )
    the presence of )

    Chas: Joseph[?] Ellis
    10 Whitehall Place
    Westminster, Gentn.

    Jo -ugett -ean[?] [signed with seal] Sealed with the Common Seal )
    of the Dean and Chapter of Worcester )
    in the presence of )

    John H Hooper,
    Chapter Clerk,
    Worcester. [signed]

    Signed sealed and delivered )
    by the said George William )       G W Penney [signed with seal
    Penney in the presence of )
    John H Hooper
    Solicitor Worcester [signed]

    We the undersigned do hereby acknowledge that the )
    sum of Seventy pounds the consideration money within )       £70
    mentioned has been paid into the Bank of England )
    to the Account of the Ecclesiastical Commissioners for )
    England.

    Witness Chas: Joseph[?] Ellis.

    Stanhope ---- ---- [signed]

    No.3:         Abstract of title of Mr Frank Morgan to hereditaments at Harvington - one large folded sheet.

    [Cover page:]
    1925

    ABSTRACT OF TITLE

    of

    MR FRANK MORGAN to hereditaments at
    Harvington in the County of Worcester.

    A. H. Cross, EVESHAM

    [Page one:]
    ABSTRACT OF THE TITLE of MR. FRANK
    MORGAN to hereditaments at Harvington in the
    County of Worcester.

    AS TO PART OF THE PROPERTY

    29th September 1880. Stamps £7. 5. 0.
    BY INDENTURE of this date made between Job Jelf of Frengate Richmond in the County of
    York Gentleman of the one part and George William Penney of Harvington in the County of
    Worcester Gentleman of the other part

    RECITING that by an indenture dated 30th November 1874 and made between Benjamin
    Bomford of the 1st part the sd Job Jelf of the 2nd part and George Henry Garrard
    of the 3rd part for the valble consons therein mentd the hereds thereinar 1stly
    descbd were granted released and convyd unto the sd J. Jelf and his heirs to
    such uses and upon such trusts and to and for such ends intent and purpose as
    the sd J. Jelf should by any deed or deeds with or without power of revocation
    and new appointment from time to time direct limit or appoint And in default
    of such diron limitation or appointment and so far as the same if incomplete
    should not extend To the use of the sd J. Jelf and his assigns for and during
    the term of his natural life without impeachment of waste and reminder to the
    use of the sd G. H. Garrard and heirs during the life of and in trust for
    sd J. Jelf his heirs ans assigns for ever
    AND RECITING that by an Indre dated 10th February 1875 made between Rebecca
    Knight of the 1st part the sd J. Jelf of the 2nd part and James Machell Harrison
    of the 3rd part for the valuable consons therein mentd the hereds thereinar 2ndly
    descbd were granted unto the sd J. Jelf his heirs and assns to and uses upon such trusts and
    for such estate or estates and in such manner as the sd J. Jelf should by any
    deed or deeds appoint And in default of and until such appmnt and so far as no
    such appmnt should extend To the use of the sd J. Jelf and his assns during his
    life without impeachment of waste with remainder to the use of the sd J. M.
    Harrison his heirs during the life of the sd J. Jelf trust for him and his assns And an
    ultimate limitation to the use of the sd J. Jelf his heirs and assigns for ever.
    AND RECITING that by an Indre dated the 23rd March 1875 made betwn Charles
    Wakefield of the 1st part the sd C. Wakefield and Sarah his Wife of the 2nd part
    the sd J. Jelf of the 3rd part and the sd J.M. Harrison of the 4th part for the
    valuable consons therein mentd the herds and premises thereinar 3rdly descbd
    were granted and conveyed unto the sd J. Jelf and his heirs To such uses for
    such estates and in such manner as the sd J. Jelf should by deed appoint And in
    default of and until any such appointment and so far as no such appmt should
    extend to the use of the sd J. Jelf and his assigns during his life without
    impeachment of waste with remainder to the use of the sd J. M. Harrison and his
    heirs during the life of the sd Job Jelf in trust for him and his assns And an
    ultimate limitation to the use of the sd J. Jelf his heirs and assigns for ever
    AND RECITING that the sd J. Jelf had through the medium of a sale by public

    [Page two:]

    auction contracted and agreed with the sd G.W. Penney for the absolute sale
    to him of the sd messuage hereds and premises thereinar 1stly and 2ndly and
    3rdly descbd and intended to be thereby convyd and the inhanes thef in fee
    simple in possession free from incumbs at or for the price or sum of £1440
    IT WAS WITNESSED that to effectuate the sd sale and in conson of the sum of £1440 paid
    etc receipt ackd and of and from the same did acquit release and discharge the sd G.W.
    Penney his heirs exors admors and assigns for ever by abstrg presents He the sd J. Jelf
    in pursuance and in exercise and execution of the powers of appointment given to him by the
    sd recited Indres and of every other power enabling him in that behalf Did by abstrg
    deed irrevocably direct limit and appoint that
    ALL & SINGULAR the messuages or tenements cottages land
    and hereds thereinar descbd and intended to be thereby
    assured with their and every of their rights members
    easements and appurtenances should thenceforth go remain
    and be
    TO THE USE of the sd G.W. Penney his heirs and assigns for ever
    AND IT WAS FURTHER WITNESSED that for the conson afsd and for further assurance of the
    sd hereds and premises He the sd J. Jelf Did by abstrg presents grant release and
    confirm unto the sd G.W. Penney and his heirs
    FIRSTLY ALL THAT close piece or parcel of land or orchard
    land situate in the parish of Harvington in the coy of
    Worcester called the Cherry Orchard contg by admeasurement
    2r and 30 perches or therabouts as the same close or parcel
    of land was bounded on the North by the Harvington Glebe on
    the East by parts of the hereds thereinar desbd and called
    Cedar Lodge and Poplar Cottage and on the West by ppty
    belongg to the reps of the late George Malin Esq and on the
    South by a road or lane leading into the village street of
    Harvington.

    SECONDLY ALL THAT messuage or tenement then recently erected
    and built by the sd J. Jelf and called Cedar Lodge and then
    in the occupation (with orchard thereinbfe firstly descbd)
    of the sd G. W. Penney and also situate in the Parish of
    Harvington afsd AND ALSO ALL that cottage or tenmnt and
    hereds adjoining to the sd Lodge called Poplar Cottage then
    in the occupon of Mrs Rebecca Knight and also then recently
    erected and built by the sd J. Jelf and which sd hereds front
    to the village street of Harvington afsd and were bounded on
    the West by the sd Orchard thereinbfe 1stly descbd and the
    Harvington Glebe
    THIRDLY ALL THOSE three cottages or tenmnts with the garden
    and premises thereto adjng and belongg and situated at
    Harvington afsd as then in the occupons of Mr William
    Davis and his undertenants under a lease thereof for 7 years
    granted by Indre dated the 20th September 1879 AND ALSO ALL
    THAT garden or piece of land adjoining Poplar Cottage situate

    [Page three:]
    at Harvington on afsd and known by the name of Woodside Garden
    AND ALSO ALL THAT piece or parcel of garden ground at Cress
    Hill hear Harvington afsd and then in the occpon of the sd
    W. Davis or his undertenants AND ALL & SINGULAR other (if any)
    the hereds which were then by any means by virtue of the
    several thereinbefore recited Indres vested in the sd J. Jelf
    Together with all bldgs yards gardens ways paths passages
    watercourses mounds fences privileges easements rights members &
    appurtenances to the sd messes land and hereds thereinbfe
    expressed to be thereby appointed and granted belongg or in
    anywise appertaining AND all the estate right title intt ppty
    claim and demand of the sd J. Jelf in to or upon the sd hereds
    and premises thereinbfe expressed to be thereby appointed and
    granted and every part thereof
    TO HAVE & TO HOLD the sd messes cottages tenmts and hereds and all and singular
    other the premises thereinbfe expressed to be thereby appointed and granted subject
    as to such part thereof as was comprised therein to the afsd Lease Unto the sd G. W.
    Penney his heirs and assigns for ever
    DECLARATION by the sd G. W. Penney who was married to his present wife since the 1st
    day of January 1834 that no widow he may leave at his decease should be entitled to
    dower into or out of the sd hereds and premises thereinbfe expressed to be thereby
    appointed and granted or any part thereof
    COVENANT by the sd J Jelf for himself his heirs exors admors with the sd G. W.
    Penney his heirs and assigns in manner following tht for and notwithstanding any
    act deed matter or thing whatsoever by him the sd J. Jelf made done or knowingly
    suffered to the contrary the powers of appointment thereinbefore expressed to be
    thereby exercised were then valid and subsisting powers and had not nor has either
    of them at any time theretobefore been exercised weakened or rendered void or avoidable And that
    notwithstanding any such act as afsd he the sd J. Jelf then had in himself good
    right and full power to appoint grant and confirm the hereds and premises thereinbfe
    expressed to be appointed granted and confirmed to the use of the sd G. W. Penney
    his heirs and assigns in manner afsd and that it should be lawful for the sd G. W.
    Penney his heirs and assigns from time to time and at all times thereafter peaceably
    and quietly to enter into and upon have hold and enjoy and receive and take the
    rents and profits of the sd hereds and premises expressed to be thereby appointed
    and granted without the let suit hindrance or interruption of the sd J. Jelf or
    his heirs or of any person or persons claiming or to claim through or under him
    them or any of them And that free and clear of and from or otherwise by him the sd J.
    Jelf his heirs exors or admors well and sufficiently indemnified against all former
    and other estates rights titles charges and incumbs whatsoever wither already or
    thereafter to be had made executed or suffered by the sd J. Jelf or his heirs or
    any person or persons claiming or to claim through or under him them or any of them
    save the sd Lease as to the premises comprised therein And further that he the sd
    J. Jelf and his heir and all and every other person or persons having or claiming
    or who should or might have or claim any estate right or intt in or to the hereds and
    premises thereinbefore expressed to be thereby appointed and granted through or

    [Page four:]

    under him them or any of them save the Lessee under the said Lease should and
    would from time to time and at all times thereof upon every reasonable request
    and at the costs and charges of the sd G. W. Penney his heirs or assigns make and
    execute or cause to be made and executed all such further acts deeds appointments
    and assurances for more effectually or satisfactory assuring the sd hereds and
    premises thereinbfe expressed to be thereby appointed and granted of any part
    thereof unto and to the use of the said G. W. Penney his heirs and assigns as by
    him or them as his or they Counsel in the law should be reasonably devised or
    advised and required

    EXECUTED by all parties and attested
    Receipt for consideration money endorsed and witnessed,

    AS TO FURTHER PART OF THE PROPERTY

    28th June 1888. Stamp 7/6.
    BY INDENTURE of this date made between The Reverend Theophilus Sharp Rector of the Rectory
    and Parish Church of Harvington in the County and Diocese of Worcester Clerk in Holy Orders
    of the first part The Ecclesiastical Commissioners for England (hereinafter called the sd
    Commissioners) of the 2nd part The Very Reverend John Gott Doctor in Divinity Dean of the
    Cathedral Church of Christ and the Blessed Mary the Virgin of Worcester and The Chapter of
    the same Church (thereinar called the Patrons of the sd Rectory) of the 3rd part and the
    sd G. W. Penney of Harvington afsd Gentleman of the 4th part.
    RECITING that the sd T. Sharp was the Rector of the Rectory and Parish Church of
    Harvington afsd and the Patrons were the Patrons of the sd Rectory
    AND RECITING that the sd T. Sharp was seised in the right of the sd Rectory to
    him and his successors on the inhance in fee simple in possession free from incumbs
    of (inter alia) the piece or parcel of land and hereds thereinar descbd and
    intended to be thereby granted and conveyed
    AND RECITING pursuant to the authority contd in the Ecclesiastical Leasing Act
    1858 the sd T. Sharp as such Rector as afsd with the consent of the Patrons and
    with the approval of the sd Commissioners resply testified as thereinar mentd had
    agreed with the sd G. W. Penney for the conves to him of the inhance in fee simple
    in possession free from all incumbs of the sd piece of land and hereds thereinar
    descbd and intended to be thereby conveyed in conson of the sum of £70
    AND RECITING that it had been made to appear to the satisfaction of the sd
    Commissioners that the sd sale would be to the permanent advantage of the Estate
    or Endowments belongg to the sd Rectory of Harvington afsd
    IT WAS WITNESSED that in pursuance of the sd agmt and in conson of the sum of £70 paid by
    the said G. W. Penney into the Bank of England to the credit of the sd Commissioners before
    the exon of abstrg presents as directed by them in that behalf the receipt of which ------ the sd
    sum of £70 was testified by the Memorandum endorsed thereon and the payment whereof the sd
    Commissioners did also thereby acknowledge He the sd T. Sharp under and by virtue of the
    power and authority for that purpose given to him by the thereinbfe recited Ecclesiastical
    Leasing Act 1858 and of every other power and authority in anywise enabling him in that
    behalf with the consnt of the Patrons testified by their being party to and affixing their
    Common Seal to abstrg presents and with the approval of the sd Ecclesiastical Commissioners
    testified by abstrg deed under their common seal
    DID thereby grant and convey unto the sd G. W. Penney and his heirs

    [Page five:]

    ALL THAT piece or parcel of land contng by admeasurement
    half an acre or thrbts be the same more or less situate in
    the parish of Harvington in the Coy of Worcester and bounded
    on the South and East sides thereof by hereds belongg to the
    said G. W. Penney and forming part of the Glebe of the sd
    Rectory nob 76 on the Ordnance Plan of the District which sd
    hereds intended to be thereby convyd for the better identifi-
    cation thf were delineated and shown on the map thereon
    endorsed and thereon coloured Pink Together with the
    appurtenances in the same belongg or appertaining
    TO HAVE & TO HOLD the sd hereds and premises and all and singular the premises
    thereinbfe expressed to be thereby granted and convyd subject to the Tithe
    Commutation Rent Charge and to all other duties payments and obligations Eccles-
    iastical or Civil charged upon or payable out of or in respect of the sd premises
    or any part thereof and to all rights of way water and other rights and easements
    if any affecting the same unto and to the use of the sd G. W. Penney his heirs and
    assigns for ever
    COVENANT by the sd T. Sharp for himself his heirs exors & admors with the sd G. W. Penney his
    heirs and assigns that he the sd T. Sharp had not at any time theretofore made done committed
    or suffered any act deed matter or thing whatsoever whereby or by means whereof the sd premises
    thereinbfe expressed to be thereby granted and conveyed by him the sd T. Sharp or any part
    thereof were is could should or might be charged impeached affected or incumbered in title
    estate or otherwise howsoever or whereby he was in anywise hindered or prevented free
    granting and conveying the sd premises or any of them unto and to the use of the sd G. W.
    Penney his heirs and assigns in manner afsd according to the intent and meaning of abstrg
    presents.
    COVENANT by the sd G. W. Penney for himself his heirs exors admors and assigns with the sd T.
    Sharp his successors and assigns and also by way of separate covenant with the sd Commissioners
    and their successors in manner following that was to say that he the sd G. W. Penney his heirs
    or assigns should and would forthwith erect and build to the satisfaction of the sd T. Sharp
    as a boundary to the land thereby conveyed a substantial brick wall on the north and east sides
    the and a substantial paling of wood on the south side and for ever therear well and
    sufficiently repair and maintain the same
    DECLARATION that as between the sd Commissioners and their successors and the sd T. Sharp his
    successors and assigns that it should not be compulsory upon the said Commissioners or their
    thereinbfe contd but that it should be entirely discretionary with the sd Commissioners and
    their successors to take such proceedgs or not as they might think proper.
    EXECUTED Sealed and attested by all parties

    Memorandum of receipt for conson monies endorsed and signed by Ecclesiastical Commissioners.

    AS TO THE WHOLE OF THE PROPERTY

    16th October 1905
    WILL of the sd J. W. Penney whereof he appointed William Smith and John Bennett as exors and
    as to the disposal of the freehold messuage and dwghse with the outbuildings gardens and
    appurtenances thereto belongg situate at Harvington afsd and then in his occupation and all
    his farm cottages and lands at Harvington afsd and elsewhere Testator gave and devised the

    [Page six:]
    same unto his wife for her life to the intent that she might have the use and occupation of
    the messuage lands and hereds then in his occupation and might receive and enjoy the rents
    and profits arising out of his other real estate she paying and discharging all rates and
    other necessary outgoings and keeping the sd bldgs in repair and insured from loss & damage
    by fire And from and after the decease of his sd wife Testator gave and devised the same unto
    his sd daughters Mary Jane Penney and Annie Eliza Penney and Julia Pick as tenants in conson in fee simple

    EXECUTED and attested.

    17th June 1910
    CODICIL to the Will of the sd G. W. Penney not affecting the property the subject of this
    abstract.

    30th May 1912.
    2nd CODICIL to the Will of the sd G. W. Penney not affecting the property the subject of this
    abstract.

    12th February 1913.
    3rd CODICIL to the Will of the G. W. Penney whereby he appointed his daughters Mary Jane
    Penney and Annie Eliza Penney to be Trustees and exors of his sd Will and Trustees for the purposes
    of the Settled Land Acts in addition to William Smith and John Bennett appointed in and by his
    sd Will.

    14th March 1917.
    Mary Jane Penney Wife of the sd G. W. Penney died at Harvington afsd.

    8th April 1919
    SAID G. W. Penney died at Harvington afsd.

    8th May 1919.
    SD Will and three Codicils of the sd G. W. Penney proved in the District Probate Registry at
    Worcester by the Misses Mary Jane Penney and Annie Eliza Penney William Smith and John Bennett
    the exors named in the sd Will having duly renounded the probate & execution of the sd Will and
    Codicils.

    10th March 1920. Stamp £2.10.P.D.S.
    BY INDENTURE of this date made between Julia Pick the Wife of Frederick Pick of South Lynn
    Shipston on Stour in the Coy of Worcester Farmer of the one part and the sd Mary Jane Penney
    of Cedar Lodge Harvington in the County of Worcester Spinster and the sd Annie Eliza Penney
    of the same address Spinster of the other part

    RECITING before abstracted Will of the sd G. W. Penney.

    AND RECITING the three Codicils to the Will of the said G. W. Penney as before
    abstracted.

    AND RECITING death and proving of the sd Will and Codicils of the sd G. W. Penney as
    abstracted.

    AND RECITING death of the sd Mary Jane Penney wife of the said G. W. Penney as
    before abstracted

    AND RECITING that the sd M. J. Penney and A. E. Penney had assented to the afsd
    devise to the parties thereto

    AND RECITING that the sd Julia Pick had agreed to sell all her interest in the
    heredits thereinar described to the sd M. J. Penney and A. E. Penney free from
    incumbrances at the price of £500.

    [Page seven:]
    IT WAS WITNESSED that in pursuance of the sd agreement and in conson of the sum of £500
    paid etc. (receipt acknd) the said Julia Pick as beneficial owner thereby conveyed and released
    unto the said M. J. Penney and A. E. Penney

    ALL THAT one undivided third share of the sd Julia Pick in
    FIRST ALL that close piece or parcel of land or orchard land
    situate in the Parish of Harvington afsd called Cherry Orchard
    containing by admeasurement 2 roods and 30 perches or thereabouts
    as the same close or parcel of land was bounded on the North by
    the Harvington Glebe on the West by parts of the heredits thereinar
    described and called Cedar Lodge and Poplar Cottage on the West by
    property then or late belonging to the representatives of the late
    George Malin Esq and on the South by a road or lane leading into the
    village Street of Harvington
    SECONDLY ALL that messuage or tenement called Cedar Lodge for many
    years and up to the time of his death in the occupation of the said
    G. W. Penney deceased and then of the sd M. J. Penney and A. E.
    Penney and also situate in the Parish of Harvington aforesaid and
    also all that cottage or tenement and heredits adjoining the said
    Lodge called Poplar Cottage formerly in the occupation of Rebecca
    Knight and then of Wm Meek and which sd heredits front to the
    village Street of Harvington afsd and were bounded on the West by the
    sd Orchard thereinbefore first described.
    TO HOLD unto and to the use of the sd M. J. Penney and A. E. Penney in fee simple
    as Tenants in common in equal shares

    CERTIICATE that the transaction did not exceed £500

    EXECUTED by the sd Julia Pick and attested

    13th July 1925. Stamp £16.10.0.
    BY INDENTURE of this date made between the sd Mary Jane Penney and Annie Eliza Penney
    both late of Harvington in the Cony of Worcester but now of Albengo,
    Riviera Paignton in the County of Devon Spinsters (theras called the Vendors)
    of the one part and Frank Morgan of Burford Road Evesham in the County of
    Worcester afsd Gentleman (theras called the Purchaser) of the other part

    RECITING the Vendors were seised in fee simple in possession free from incumbrances as
    tenants in common of the heredits thereinar described and intended to be thereby
    conveyed had agreed with the Purchaser for the sale thereof to him at the price or for
    the sum of £1650
    IT WAS WITNESSED that in pursuance of the sd agreement and in conson of the sum of £1650 then
    paid by the Purchaser to the Vendors (the receipt etc.) Each of them the Vendors as to her share
    estate and interest in the heredits thereby conveyed and as B.O. thereof conveyed unto the
    Purchaser
    FIRST ALL THAT messuage or dwellinghouse with the garden and
    appurtenances thereto situate at Harvington in the County of Worcester
    and known as "Cedar Lodge" together with the Orchard adjoining known
    as "Cherry Orchard" containing in the whole one acre one rood and
    twenty eight perches or thereabouts
    SECONDLY ALL THAT Cottage or tenement situate adjoining the first

    [Page eight:]

    described heredits and known as "Poplar Cottage" as then and for
    some time past in the occupation of William Meek And which said
    heredits and prems were comprised in an Indre dated the 10th
    day of March 1920 and made between Julia Pick of the one part and
    the Vendors of the other part and were the heredits first and
    secondly described therein
    TO HOLD the same unto and to the use of the Purchaser in fee simple
    ACKNOWLEDGEMENT ([handwritten insert] by the Vendors of the right of the ------ to)
    for production and delivery of copies of Documents of Title set out in the
    Schedule thereto and for safe custody thereof.

    THE SCHEDULE thereinbefore referred to.

    29th September 1880
    INDENTURE of this date made between Job Jelf of the one part and George
    William Penney of the other part

    10th March 1920
    The thereinbefore mentioned Indre of this date

    EXECUTED by the sd M. J. Penney & A. E. Penney and attested

    [END]

    No.4:         Indenture transferring ownership from Frank Morgan to Arthur Cutler of Cedar Lodge - one large folded sheet.

    [Reverse of page three:]
    [Center]
    Dated 24th August 1925.

    Frank Morgan Esq.
    -to-
    Arthur H. Cutler Esq.

    Conveyance of a freehold
    plot of land dwellinghouse and
    hereditaments known as “Cedar
    Lodge” Harvington in the County
    of Worcester.

    [Page one:]
    [Left margin with three stamps: £10 - £3 - £3.] Waterlow & Sons Limited / London Wall /London

    This Indenture made the
    Twenty Fourth
    day of August One thousand nine hundred and
    twenty five Between Frank Morgan of Burford
    Road Evesham in the County of Worcester Gentleman
    of the one part and Arthur Henry Cutler of the Meadows
    Robin Hood Lane Sutton in the County of Surrey
    Gentleman of the other part Whereas the said Frank
    Morgan is seized of the hereditaments hereinafter assured
    for an estate of inheritance in fee simple in possession
    free from incumbrances and has agreed with the said
    Arthur Henry Cutler for the sale thereof to him for the
    sum of One thousand six hundred pounds Now this
    Indenture witnesseth
    that in pursuance of the
    said recited agreement and in consideration of the sum
    of One thousand six hundred pounds now paid by
    the said Arthur Henry Cutler to the said Frank
    Morgan the receipt whereof is hereby acknowledged The
    said Frank Morgan as beneficial owner hereby grants
    and conveys unto the said Arthur Henry Cutler All
    that message or dwellinghouse with the garden and
    appurtenances thereto situate at Harvington in the County
    of Worcester and known as Cedar Lodge together with the
    orchard adjoining known as Cherry Orchard containing
    in the whole one acre one rood and twenty eight perches
    or thereabouts To hold the same unto and to the use of
    the said Arthur Henry Cutler in fee simple And the said
    Frank Morgan doth hereby for himself his heirs executors
    and administrators covenant with the said Arthur Henry
    Cutler his heirs executors administrators and assigns that

    [Page two:]
    no windows shall be put in the cottage retained by him
    adjoining the hereditaments hereby conveyed on the North
    and West sides thereof so as to overlook the hereditaments
    hereby assured And the said Frank Morgan hereby
    acknowledges the right of the said Arthur Henry Cutler
    to production and delivery of copies of the document of
    title set out in the Schedule hereto and hereby undertakes
    for the sale custody thereof In witness whereof the
    said parties to these presents have hereunto set their hands
    and seals the day and year first before written.

    The Schedule

    Indenture of Conveyance dated the thirteenth day of
    July One thousand nine hundred and twenty five
    and made between Mary Jane Penney and Eliza
    Penney of the one part and the said Frank Morgan of
    the other part.

    Signed sealed and delivered )
    by the before named Frank )       Frank Morgan & A H Cutler [signed with seal]
    Morgan in the presence of )

    A. H. Cross
    Solicitor
    Evesham

    Signed sealed and delivered )
    by the before named Arthur )
    Henry Cutler in the presence )
    of:-

    Alan Tweedale
    Solicitor
    Oldham

    [Page three:]
    MEMORANDUM that by a conveyance made the fifth day of
    September One thousand nine hundred and forty seven
    BETWEEN Caroline Ruth Cutler, Arthur Gordon Cutler and
    Alan Tweedale as personal representatives of Arthur
    Henry Cutler deceased of the one part and the Rural
    District Council of Evesham of the other part a piece or
    parcel of land containing One thousand three hundred and
    sixty eight square yards or thereabouts and having a frontage
    to Hughes Lane in the Parish of Harvington in the
    County of Worcester of One hundred and fifty feet or
    thereabouts was conveyed unto the said Council in fee
    simple subject to the covenants on the part of the
    Council as to the erection of a wall and as to fencing
    and otherwise thereon contained and subject to an
    indemnity by the Council from and against road charges
    and the said conveyance contained the usual
    acknowledged of the said Council's right to
    production and delivery of copies of inter alia the
    within written document

    No.5:         Conveyance between Mrs C R Cutler to Evesham Rural District Council - five sheets.

    [Reverse of sheet five:]
    Dated 5th September 1947.

    Mrs. C. R. CUTLER AND OTHERS
    -to-
    RURAL DISTRICT COUNCIL OF EVESHAM

    CONVEYANCE

    of

    a piece of land situate at
    Harvington in the County of
    Worcester.

    [Plan:]

    [Page one:]
    Stamp 5/0
    THIS CONVEYANCE is made the fifth day of September
    One thousand nine hundred and forty seven BETWEEN CAROLINE
    RUTH CUTLER of Cedar Lodge Harvington in the County of
    Worcester Widow ARTHUR GORDON CUTLER of the The Orchards Salford
    Priors in the County of Warwick Fruit Grower and ALAN TWEEDALE
    of 14 Church Lane Oldham in the County of Lancaster solicitor
    (hereinafter called 'the Vendors') of the one part and the
    RURAL DISTRICT COUNCIL OF EVESHAM in the County of Worcester
    (hereinafter called "the Council") of the other part
    WHEREAS Arthur Henry Cutler late of Cedar Lodge
    Harvington aforesaid Gentleman (hereinafter called ”the Testator”)
    died on the twenty third day of February One thousand nine
    hundred and forty seven having by his Will dated the twelfth
    day of November One thousand nine hundred and thirty eight
    appointed the Vendors to be Executrix and Executors thereof who
    proved the same on the nineteenth day of June One thousand nine
    hundred and forty seven in the Birmingham District Probate
    Registry AND WHEREAS the Testator was at the date of his death
    seised of inter alia the hereditaments hereinafter described
    for an unencumbered fee simple estate in possession AND WHEREAS
    the Vendors have not given or made any assent or conveyance
    prior to these presents affecting the said hereditaments AND
    WHEREAS the Vendors as personal representatives of the Testator
    have agreed with the Council for the sale to the Council of the
    said hereditaments for such estate as aforesaid subject as herein-
    after provided at the price of Fifty pounds

    NOW THIS DEED WITNESSETH as follows:-

    l.
    In consideration of the sum of Fifty pounds paid to the Vendors
    by the Council (the receipt of which sum the Vendors hereby
    acknowledge) the Vendors as personal representatives of the
    Testator and in exercise of their statutory power in that
    behalf and of all other powers them enabling hereby convey unto
    the Council ALL THAT piece or parcel of land situate at
    Harvington in the County of Worcester having a frontage to

    [Page two:]
    Hughes Lane there of One hundred and fifty feet or thereabouts
    and an average depth of Ninety five feet or thereabouts
    containing according to recent admeasurement one thousand three
    hundred and sixty eight square yards be the same a little more
    or less All of which said piece or parcel of land now in
    description is for the better identification thereof with its
    boundaries and abuttals more particularly delineated and
    described in the map or plan annexed hereto and thereon
    coloured pink TO HOLD the same unto the Council in fee simple
    subject to the covenants on the part of the Council hereinafter
    contained

    2.
    THE Council for itself and its successors hereby covenants with
    the Vendors and their successors in title owners or owner for
    the time being of property adjacent to the premises hereby
    conveyed and known as Cedar Lodge in the Parish of Harvington
    aforesaid that the Council or its successors will when
    materials and labour become available and as soon as reasonably
    practicable having regard to priority demands for the building
    of new houses build and complete in a workmanlike manner a brick
    wall of similar quality height and design to the present wall
    now erected and standing between the points marked "X” and "A"
    on the said plan from the point marked ”A" to the point
    marked ”B” on the said plan and that until such wall shall have
    been erected and completed the Council or its successors will
    maintain the existing boundary fence between the points marked
    ”A” and ”B” aforesaid in a good and substantial state of repair
    to prevent trespass

    3.
    IT IS HEREBY AGREED AND DECLARED that after the erection and
    completion of the said wall between the points marked 'A' and
    "B" at the cost of the Council in accordance with the covenant
    last hereinbefore contained the said wall shall be deemed to be
    and shall continue thereafter to be the absolute property of
    the Vendors or their successors in title

    4.
    THE Council for itself and its successors hereby covenants
    with the Vendors and their successors in title owners or owner

    [Page three:]
    for the time being of the said property adjacent to the
    premises hereby conveyed that the Council or its successors
    will erect a substantial chain link fence of a height of not
    less than five feet stranded at the top with barbed wire and
    inset with quick thorn or other suitable hedge from the
    point marked "B" on the said plan to the point marked "C" on
    the said plan and thence to the points marked "D" and "E"
    thereon which said chain link fence and hedge shall after
    erection and completion by and at the cost of the Council
    become and remain the property of the Vendors and their
    successors in title.

    5.
    THE Council for itself and its successors hereby covenants
    with the Vendors and their successors in title owner or owners
    for the time being of the said property known as Cedar Lodge
    Harvington aforesaid that the Council will indemnify and keep
    indemnified the Vendors and their said sequels in estate from
    and against all charges assessments costs claims and demands
    whatsoever in respect of the repair maintenance making up and
    or taking over by the Highway Authority of the road or way
    marked "Hughes Lane" on the said plan and in regard to the
    same matters in respect of the construction by the Council or
    others of any road or way over the premises hereby conveyed or
    other adjoining hereditaments to the north thereof acquired
    or intended to be acquired by the Council to the intent that
    the Vendors and their said sequels in estate shall be
    completely absolved from all liability and responsibility in
    respect of the said roads or ways or any or either of them

    6.
    THE Council hereby releases the Vendors and that part of the
    said property known as Cedar Lodge Harvington aforesaid as
    was affected thereby from the provisions of an order for the
    compulsory acquisition thereof made by the Council on the
    twenty fifth day of June One thousand nine hundred and forty
    five and known as the Evesham Rural District Council
    (Harvington Housing) Compulsory Purchase Order 1945

    [Page four:]
    7.
    THE Vendors hereby acknowledge the right of the Purchaser
    to production of the documents of title specified in the
    Schedule hereto and to delivery of copies thereof

    8.
    IT IS HEREBY CERTIFIED that the transaction or of a 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 Vendors have hereunto set their hands
    and seals and the Council has hereunto caused its Common
    Seal to be affixed the day and year first before written

    THE SCHEDULE above referred to

    24th August 1925
    INDENTURE OF CONVEYANCE made between
    Frank Morgan of the one part and the
    Testator of the other part

    19th June 1947
    Probate of the Testators Will

    No.6:         Abstract of Title for Arthur Henry Cutler deceased. - five sheets.

    [Reverse of sheet five:]
    Dated 1955.

    ABSTRACT OF TITLE
    -of-
    The Personal Representatives of Arthur
    Henry Cutler deceased to the freehold
    property known as "Cedar Lodge"
    Harvington in the County of Worcester.

    [Page one:]
    ABSTRACT of the TITLE

    of The Personal Representatives of Arthur Henry Cutler deceased
    to the freehold property known as “Cedar Lodge” Harvington
    in the County of Worcester

    16th October 1905
    WILL of George William Penney of Harvington in the Cnty of Worcester Gent whrof he
    appointed William Smith and John Bennett as exors and as to the disposal of the
    freehold messuage and dwghse with outbldgs gardens and appurtenances thrto
    belongg situate at Harvington afsd and then in his occupon and all his farm cottages
    and lands at Harvington afsd and elsewhere Testator gave and devised the same unto his
    wife for her life to the intent that she might have the use and occupon of the messuage
    lands and heredits then in his occupon and mt receive and enjoy the rents and profits
    arising out of his otr real estate and paying and discharging all rates and otr
    necessary outgoings and keeping the sd bldgs in repair and insured from loss and
    damage by fire And from and after the decd of his sd wife Testr gave and devised the
    same unto his sd daughters Mary Jane Penney and Annie Eliza Penney and Julia Pick as
    tenants in common in fee simple.

    EXECUTED and attested

    17th June 1910
    CODICIL to the Will of sd G.W. Penney not affecting the ppty and subject of this
    abstract

    30th May 1912
    Second Codicil to the Will of the sd G.W. Penney not affecting the ppty the subject of
    this abstract

    12th February 1913
    THIRD CODICIL to the Will of G.W. Penney whrby he appointed his daughters Mary Jane
    Penney and Annie Eliza Penney to be trees [trustees] and exors of his sd Will and trees for the
    purposes of the Settled Land Acts in addition to William Smith and John Bennett
    appointed in and by sd Will

    14th March 1917
    Mary Jane Penney wife of the sd G. W. Penney died at Harvington afsd

    8th April 1919
    SAID G. W. Penney died at Harvington afsd

    8th May 1919
    SAID Will and three Codicils of sd G. W. Penney proved in the District Probate Registry
    at Worcester by the Misses Mary Jane Penney and Annie Eliza Penney William Smith and
    John Bennett the exors named in the sd Will having duly renounced the probate and
    exon of sd Will and Codicils

    10th March 1920 Stamp £2.10. P.D. Stamp
    BY INDENTURE of this date made btwn Julia Pick the wife of Frederick Pick of South
    Lynn Shipton-on-Stour in the Cnty of Worcester Farmer of the one pt and the sd Mary
    Jane Penney of Cedar Lodge Harvington in the Cnty of Worcester Spinster
    and the sd Annie Eliza Penney of the same address Spinster of the otr pt

    RECITING before abstd Will of sd G. W. Penney
    AND RECITING the three Codicils to the Will if sd G. W. Penney as abstd

    [Page two:]

    AND RECITING death and proving of the sd Will and Cdcls of the sd G. W. Penney
    abstd

    AND RECITING death of sd Mary Jane Penney wife of sd G. W. Penney as before
    abstd

    AND RECITING that sd M. J. Penney and A. E. Penney had assented to the afsd
    devise to the parties thrto

    AND RECITING that sd Julia Pick had agreed to sell all her intt in the
    heredits thrinar descbd to the sd M. J. Penney and A. E. Penney free from
    incumbrances at the price £500

    IT WAS WITNESSED that in pursuance of the sd agreement and in conson of the sum of £500
    paid etc. (rect ackd) the sd Julia Pick as b.o. thrby conveyed and released unto the
    sd M. J. Penney and A. E. Penney
    FIRST ALL that close piece or parcel of land or orchard land
    situate in the Parish of Harvington afsd called Cherry
    Orchard containing by admeasurement 2 roods and 30 perches
    or thrabouts as the same close or parcel of land was
    bounded on the North by the Harvington Glebe on the East
    by parts of the heredits thrinar descbd and called Cedar
    Lodge and Poplar Cottage on the West by ppty then or late
    belongg to the reps of the late George Malin Esq and on the
    South by a road or lane leading into the Village Street
    of Harvington

    SECONDLY ALL that messuage or tenement called Cedar Lodge
    for many yrs and upon to the time of the death in the
    occupon of the sd G. W. Penney decd and then to the sd M. J.
    Penney and A. E. Penney and also situate in the Psh of
    Harvington afsd and also all that cottage or tenement and
    heredits adjoining the sd Lodge called Poplar Cottage formerly
    in the occupon of Rebecca Knight and then of Wm. Meek and
    which sd heredits fron to the Village street of Harvington
    afsd and were bounded on the West by the sd Orchard
    thrinbefore first descbd

    TO HOLD unto and to the use of the sd M. J. Penney and A. E. Penney
    in fee simple as Tenants in common in equal shares
    CERTIFICATES that the transaction did not exceed £500
    EXECUTED by the sd Julia Pick and attested
    13th July 1925 Stamp £16.10.0d
    BY INDENTURE of this date made btwn sd M. J. Penney and A. E. Penney both late of Harvington
    in the Cnty of Worcester but now of Albenga, The Riviera, Paignton in the Cnty of Devon

    [Page three:]
    Spinsters (thrinar called "the Vendors") of the one pt and Frank Morgan of Burford Rd
    Evesham in the Cnty of Worcester afsd Gent (thrinar called "the Purchaser") of the otr
    pt

    RECITING the Vendors were seised in fee simple in posson free from incs as
    tenants in common of the heredits thrinar descd and intended to be thrby
    conveyed and agreed with the Purchaser for the sale throf to him at the
    price or for the sum of £1650
    IT WAS WITNESSED that in pursuance of the sd Agreement and in conson of the sum of
    £1650 then pd by the Purchaser to the Vendor (recpt ackd) Each of them the Vendors as to
    her share estate and intt in the heredits thrby conveyed and as b.o. throf conveyed
    unto the Purchaser
    FIRST ALL THAT messuage or dwellinghouse with the garden and
    appurtenances thrto situate at Harvington in the Cnty of
    Worcester and known as "Cedar Lodge" togr with the Orchard
    adjoining known as "Cherry Orchard" containing in the
    whole one acre one rood and twenty eight perches or
    thrabouts

    SECONDLY ALL THAT Cottage or tenement situate adjoining
    the first describd heredits and known as "Poplar Cottage"
    as then and for some time past in the occupon of William
    Meek And which heredits and prems were comprised in an
    Indre dated 10th March 1920 and made btwn Julia Pick of
    of the one pt and the Vendors of the otr part and were the
    heredits first and secondly descbd thrin

    TO HOLD the same unto and to the use of the Purchaser in fee simple
    ACKNOWLEDGMENT by Vendors of right of Purchaser to prdon and delivery of copies of
    documents of Title set out in the Schedule thrto and for safe custody throf

    THE SCHEDULE thrinbefore referred to

    29th September 1880
    INDENTURE of this date made btwn Job Jelf of the one part and
    George William Penney of the otr part

    10th March 1920
    The thrinbefore mentioned Indre of this date

    EXECUTED by sd M. J. Penney and A. E. Penney and attested

    [Page four:]
    24th August 1925. Stamp £16.
    BY INDENTURE of this date made btwn Frank Morgan of Burford Road Evesham in the Cnty of
    Worcester of the one pt and Arthur Henry Cutler of the Meadows Robin Hood Lane Sutton
    in the Cnty of Surrey Gentleman of the otr pt

    RECITING seisin of Vendor and agreement for sale for £1600

    IT WAS WITNESSED in pursuance of sd agmnt and in conson of sum of £1600 then pd by sd
    A. H. Cutler to F. Morgan (rect whrof was thrby ackd) sd F. Morgan as B. O. thrby granted
    and conveyed unto sd A. H. Cutler

    ALL THAT messuage or dwghouse with the garden and
    appurtenances thrto belongg situate at Harvington in
    the Cnty of Worcester and known as "Cedar Lodge" togr
    with the orchard adjoining known as Cherry Orchard
    containg in the whole 1a 1r and 28pd or thabts
    TO HOLD the same unto and to the use of the sd A. H. Cutler in fee
    simple
    COVENANT by sd F Morgan for himself his hrs exors and admors with sd A. H. Cutler his
    hrs exors admors and assigns that no windows shd be put in the cottage retained by his
    adjoing the heredits thrby conveyed on the north and west sides throf so as to
    overlook the heredits thrby assured

    ACKNOWLEDGMENT by sd F. Morgan to right of sd A. H. Cutler to prodon and delivery of
    copies of the documents of title set out in the Schedule thrto and undertaking for
    safe custody throf

    THE SCHEDULE thrinbefore referred to

    Indre of conveyance dated 13th Jly 1925 and made btwn Mary Jane Penney and Eliza Penney
    of the one pt and the sd F. Morgan of the otr pt

    EXECUTED by all parties and duly attested

    MEMORANDUM (enbdorsed on last abstd Indre) that by a conveyance made the 5th September
    1947 btwn Caroline Ruth Cutler Arthur Gordon Cutler and Alan Tweedale as personal
    reps of A. H. Cutler decd of the one pt and the Rural District Cncl of Evesham of the
    otr pt a piece or parcel of land containing by admeasurement 1368 sq yds or thrabouts
    and having a frontage to Hughes Lane in the Psh of Harvington in the Cnty of Worcester
    of 150 feet or thrabouts was conveyed unto the sd Cncl in fee simple subject to the
    covenants on the part of the Cncl as to the erection of a wall and as to fencing
    and subject to an indemnity by the Cncl from and against road charges and the
    sd conveyance contained the usual acknowledgment of the sd Cncl's right to prodon
    and delivery or copies of inter alia the within written document

    [Page five:]
    12th November 1938
    BY HIS WILL of this date the sd A. E. Cutler of Cedar Lodge Harvington in the Cnty of
    Worcester Gentleman after revoking all former Wills and testy dispositions appointed
    his wife Caroline Ruth Cutler his son Arthur Gordon and his son-in-law Alan
    Tweedale to be the Exors and Trees throf

    EXECUTED and duly attested by two witnesses

    23rd February 1947
    THE sd A. H. Cutler died at Cedar Lodge Harvington afsd

    19th June 1947
    PROBATE of the Will of the sd A. H. Cutler was granted out of the District Probate Regy
    at Birmingham to sd C. R. Cutler of Cedar Lodge afsd Widow the sd A. G. Cutler of The
    Orchard Salford Priors Warcs Fruit Grower and the sd Alan Tweedale of Church Lane
    Oldham Lancs Solicitor the Exors thrin named

    MEMORANDUM endorsed on last abstd Probate of sd Conveyance of 5th Sept. 1947 in
    Evesham R.D.C.

    [hand written] & what has happened to C. R. Cutler

    No.7:         Conveyance between A G Cutler to C E Agate - four sheets.

    [Reverse of sheet five:]
    Dated 22nd July 1955.

    A. G. CUTLER ESQ. AND
    ANOTHER
    to
    C. E. AGATE ESQ.

    CONVEYANCE

    of

    freehold property known as
    "Cedar Lodge" Harvington near
    Evesham in the County of
    Worcester.

    [Page one:]
    Stamp 5/0
    This Conveyance is made the twenty second
    day of July one
    thousand nine hundred and fifty five BETWEEN ARTHUR GORDON
    CUTLER
    of “The Orchards” Salford Priors near Evesham in the County of
    Worcester Fruit Grower and ALAN TWEEDALE of 14 Church Lane Oldham
    in the County of Lancaster Solicitor (hereinafter called “the
    Vendors”) of the one part and CURTIS EDWARD AGATE of Plymouth House
    Tardebigge in the County of Worcester School Master (hereinafter
    called “the Purchaser”) of the other part

    WHEREAS

    (A) Arthur Henry Cutler late of Cedar Lodge Harvington in the
    County of Worcester (hereinafter called “the Testator”) died on the
    Twenty third day of February One thousand nine hundred and forty seven
    having by his Will dated the Twelfth day of November One thousand nine
    hundred and thirty eight appointed Caroline Ruth Cutler and the
    Vendors to be Executors thereof who duly proved the same on the
    Nineteenth day of June One thousand nine hundred and forty seven, in
    the Birmingham District Probate Registry.

    (B) THE Testator was at the date of his death seised of the
    property hereinafter described in fee simple in possession free from
    incumbrances

    (C) THE said Caroline Ruth Cutler died on the Twentieth day of
    November One thousand nine hundred and fifty four. made Assent or Conveyance in respect of any legal estate in or
    affecting the said property or any part thereof.

    (E) THE Vendors have agreed with the Purchaser for the sale to
    him of the fee simple in possession of the said property at the
    price of Three thousand pounds.

    NOW THIS DEED WITNESSETH as follows:-

    1. IN pursuance of the said agreement and in consideration of
    the sum of THREE THOUSAND POUNDS paid by the Purchaser to the Vendors
    (the receipt whereof the Vendors hereby acknowledge) the Vendors as

    [Page two:]
    Personal Representatives of the Testator and in exercise of their
    Statutory Powers hereby conmvey unto the Purchaser ALL THAT
    messuage or dwellinghouse with the garden and appurtenances thereto
    belonging situate at Harvington in the County of Worcester and
    known as Cedar Lodge together with the orchard adjoining being
    part of the orchard known as Cherry Orchard all which said property
    is for the purpose of identification only more particularly delineated
    and described on the plan hereto annexed and thereon edged
    pink TO HOLD the same unto the Purchaser in fee simple

    2.
    THE Vendors hereby assign unto the Purchaser the benefit of
    the covenants on the part of the Rural District Council of Evesham
    contained in a Conveyance dated the Fifth day of September One
    thousand nine hundred and forty seven and made between the said
    Caroline Ruth Cutler and the Vendors of the one part and the said
    Rural District Council of Evesham of the other part.

    3.
    THE Vendors hereby acknowledge the right of the Purchaser
    to production of the said Probate of the Will of the Testator
    and delivery of copies thereof.

    4.
    IT is hereby certified that the transaction hereby effected
    does not form part of a larger transaction or of a series of
    transactions in respect of which the amount or value or the
    aggregate amount or value of the consideration exceeds Three thousand
    Pounds

    IN WITNESS whereof the parties hereto have hereunto set
    their hands and seals the day and year first before written.

    SIGNED SEALED and DELIVERED )
    by the said ARTHUR GORDON ) A. G. Cutler [signed]
    CUTLER in the presence of:- )

    R. Harrison [signed]
    Clerk to Messrs --------hats
    Solicitors Evesham

    SIGNED SEALED and DELIVERED )
    by the said ALAN TWEEDALE in ) Alan Tweedale [signed]
    the presence of:- )

    J V Davies [signed]
    BARCLEYS BANK LIMITED
    24701 LLANDUDNO (1) -470-
    Chief Cashier

    [Page 3 - plan:]

    [Page 4: - two memoranda dealing with subsequent conveyances]
    MEMORANDUM that by a Conveyance dated the seventh day of September
    One Thousand Nine Hundred and Sixty One and made between the
    within named Curtis Edward Agate of the first part The Co-Operative
    Permenant Building Society of the second part and Dorothy Hall
    of Station Road, Pershore in the County of Worcester of the third
    part ALL THAT piece or parcel of land being part of the Orchard
    known as Cherry Orchard and forming part of the land known as Cedar
    Lodge Harvington in the County of Worcester All of which said land
    was more particularly delineated and described on a Plan annexed
    thereto and thereon edged red was conveyed unto the said Dorothy
    Hall for an estate in fee simple and her acknowledgment to the
    right of (inter alia) the within written Conveyance was given

    MEMORANDUM that by a Conveyance dated the Fifth day of June One
    Thousand Nine Hundred and Sixty Three and made between the within
    named Curtis Edward Agate of the first part the Co-Operative
    Permenant Building Society of the second part and J. Pettifer and
    Sons Limited of the third part a piece of land being part of the
    orchard forming part of the premises known as "Cedar Lodge" and
    having a frontage to Hughes Lane was conveyed to the said J.
    Pettifer and Sons Limited in fee simple and their right to
    production of (inter alia) the within written Deed was acknowledged
    and an undertaking for safe custody was given

    No.8:         Mortgage dated 22nd July 1955 by the Co-Operative Building Society to Curtis Edward Agate. - two sheets.

    [Not transcribed here:]

    No.9:         Search dated 18th July 1955 - one sheet.

    [Not transcribed here]

    No.10:         Conveyance between Curtis Edward Agate and Dorothy Hall - seven sheets.

    [Page one:]
    This Conveyance is made the
    Seventh day of September One Thousand Nine
    Hundred and Sixty One BETWEEN CURTIS EDWARD
    AGATE of Cedar Lodge Harvington near Evesham in the
    County of Worcester Schoolmaster (hereinafter called
    "the Vendor") of the first part the CO-OPERATIVE
    PERMANENT BUILDING SOCIETY whose Chief Officer is at New
    Oxford House Bloomsbury Way in the City of London
    (hereinafter called "the Mortgagee") of the second
    part and DOROTHY HALL the wife of John Hall of Station
    Road Pershore in the said County of Worcester Builder
    and Contractor (hereinafter called "the Purchaser") of
    the third part
    WHEREAS:-
    (1) The Vendor is seized of the property hereinafter
    described together with other property in fee simple
    in possession subject only to the Mortgage next
    hereinafter recited

    (2)By a Legal Charge (hereinafter called "the Legal
    Charge") dated the Twenty Second day of July One
    Thousand Nine Hundred and Fifty Five and made between
    the Vendor of the one part and the Mortgagee of the other
    part the said property was devised by the Vendor to the

    [Page two:]
    Mortgagee for a term of Three Thousand years from the
    date thereof to secure the payment to the Mortgagee of
    the principal sum of Two Thousand Two Hundred and Fifty
    Pounds and interest thereon in accordance with the
    covenant therein contained

    (3) By a Further Charge (hereinafter called "the Further
    Charge") dated the Twelfth day of February One Thousand
    Nine Hundred and Fifty Nine and made between the Vendor
    of the one part and the Mortgagee of the other part the
    said property was further charged by way of legal
    mortgage in favour of the Mortgagee to secure the payment
    to the Mortgagee of the further principal sum of Five
    Hundred Pounds and Interest thereon in accordance with
    the Covenant therein contained

    (4) The principal sum of [blank] Pounds remains
    owing on the security of the Mortgage and Further Charge

    (5) The Vendor has agreed with the Purchaser for the
    sale to her of the fee simple in possession of the
    property hereinafter described at the price of Five
    Hundred Pounds

    (6) The Mortgagee being satisfied that the other property
    comprised in the Mortgage is a sufficient security for
    all moneys thereby secured has agreed to join herein in
    manner hereinafter appearing

    NOW THIS DEED witnesseth as follows:-
    1. IN pursuance of the said agreement and in consideration

    [Page three:]

    [Page four:]
    of the sum of Five Hundred Pounds paid to the Vendor
    by the Purchaser with the consent of the Mortgagee
    (the receipt whereof the Vendor hereby hereby acknowledges)
    the Vendor as beneficial Owner hereby conveys and
    the Mortgagee as Mortgagee hereby surrenders and
    releases unto the Purchaser ALL THAT piece or parcel
    of land being part of the orchard known as Cherry
    Orchard forming part of the premises known as Cedar
    Lodge Harvington in the County of Worcester All which
    said piece or parcel of land is with the dimensions
    shown thereon more particularly delineated and
    described on the plan annexed hereto and thereon edged
    red TO HOLD the same unto the Purchaser in fee simple
    discharged from the Mortgage and Further Charge and all
    principal moneys and interest thereby secured and all
    claims and demands thereunder and to the intent that the
    term subsisting under the Mortgage and Further Charge
    shall as respects the premises hereby conveyed merge
    and be extinguished in the fee simple thereof

    2. THE Vendor hereby assigns unto the Purchaser the
    benefit of the covenants on the part of the Rural District
    Council of Evesham contained in a Conveyance dated the
    Fifth day of September One Thousand Nine Hundred and
    Forty Seven and made between Caroline Ruth Cutler and
    Arthur Gordon Cutler and Alan Tweedale of the one part
    and the said Rural District Council of Evesham of the
    other part so far as the same effect the property

    [Page five:]
    hereby conveyed

    3. THE Mortgagee hereby acknowledges the right of
    the Purchaser to production of the several documents
    specified in the Schedule and to delivery of
    copies thereof

    4. THE Vendor as to the before mentioned documents
    covenants with the Purchaser that as and when any of
    the said documents shall come into the possession of
    the Vendor or his successors in title he or they will
    when requested and at the cost of the Purchaser or her
    successors in title execute a statutory acknowledgment
    for production and undertaking for safe custody of such
    documents and that in the meantime and until the
    execution of such undertaking every person having for
    the time being possession of the said documents shall
    keep them safe whole uncancelled and undefaced unless
    prevented from so doing by fire or other inevitable
    accident

    5. IT is hereby certified that the transaction hereby
    effected does not form part of a larger transaction or
    of a series of transactions in respect of which the
    amount or value or the aggregate amount or value of the
    consideration exceeds Three Thousand Five Hundred
    Pounds

    IN WITNESS whereof the Vendor and the Purchaser have
    hereunto set their hands and seals and the Mortgagee
    has hereunto affixed its Common Seal the day and year

    [Page six:]
    first before written

    THE SCHEDULE above referred to:-

    24th August 1925
    CONVEYANCE of this date made
    between Frank Morgan of the one
    part and Arthur Henry Cutler of
    the other part

    22nd July 1955
    CONVEYANCE of this date made
    between the said Arthur Gordon
    Cutler and Alan Tweedale of the
    one part and the Vendor of the
    other part

    22nd July 1955
    The before recited MORTGAGE of
    this date

    12th February 1959
    The before recited FURTHER CHARGE
    of this date

    SIGNED SEALED AND DELIVERED by the )
    said CURTIS EDWARD AGATE in the ) sd Curtis E Agate seal [sign ed]
    presence of:- )

    sd B Prescott
    Managing Clerk with Whitney R Pickering
    Solicitor Redditch

    THE SEAL of the CO-OPERATIVE )
    PERMANENT BUILDING SOCIETY was )
    hereunto affixed in the presence )
    of:-

    Seal

    No.11:         Conveyance between Curtis Edward Agate and J. Pettifer & Sons - five sheets.

    [On reverse:]
    Dated 1963

    C. E. AGATE, ESQ.

    and

    CO-OPERATIVE PERMANENT
    BUILDING SOCIETY

    to

    MESSES J. PETTIFER & SONS LTD.

    Draft/
    CONVEYANCE

    of

    A piece of land adjoining
    Cedar Lodge, Harvington
    in the County of Worcester.

    Harwood & Co.,
    Solicitors,
    Redditch

    [Page one:]
    THIS CONVEYANCE is made the Fifth
    day of June 1963 BETWEEN
    CURTIS EDWARD AGATE
    of Cedar Lodge Harvington Near
    Evesham in the County of Worcester – Schoolmaster
    (hereinafter called the “Vendor) of the first part
    CO-PERATIVE PERMANENT BUILDING SOCIETY being a Society
    incorporated under the Building Societies Act 1874
    whose chief office is at New Oxford House Bloomsbury
    Way in the City of London (hereinafter called “the Society”)
    of the second part and J. PETTIFER & SONS LIMITED a Company
    whose Registered Office is at Hills Yard Redditch in
    the County of Worcester (hereinafter called “the
    Purchaser”) of the third part

    WHEREAS:

    (1) The Vendor is seised of the property hereinafter
    described together with other property in fee simple in
    possession subject only to the Legal Charge and Further
    Charges next hereinafter recited but otherwise free
    from incumbrances

    (2) By a Legal Charge (hereinafter called “the Legal
    Charge”) dated the 22nd day of July 1955 and also
    by a Further charge (hereinafter called “the Further Charge”)
    of the 12th day of February 1959 and made between the
    Vendor of the one part and the Society of the other part
    the said property hereinafter described together with
    other property was shared by way Legal mortgage in
    favour of the Society to secure the principal interest
    and other moneys thereby consented[?] to be paid by the
    Vendor to the Society

    (3) Certain moneys remain owing on the security of the
    said Legal Charge and the said Further Charge

    [Page one:]
    (4) The Vendor has agreed with the Purchaser for the sale
    to it of the fee simple in possession of the property
    hereinafter described subject only as hereinafter mentioned
    but otherwise free from incumbrances at the price of
    £750

    (5) The Society being satisfied that the other property
    comprised in the Legal Charge and the Further Charge
    is a sufficient security for all moneys thereby secured
    has agreed to join herein in manner hereinafter appearing

    FOR THIS DEED WITNESSETH as follows:

    1. In consideration of £750 paid to the Vendor by the
    Purchaser with the consent of the Society (the receipt
    whereof the Vendor hereby acknowledges) the Vendor as
    Beneficial Owner hereby conveys and the Society as Mortgagee
    hereby surrenders and releases unto the Purchaser
    ALL THAT piece or parcel of land being part of the Orchard
    forming part of the premises known as Cedar Lodge
    Harvington in the County of Worcester All which said
    property is with the dimensions shown therein more
    particularly delineated and described on the plan annexed
    hereto and thereon edged red TO HOLD the same unto the
    Purchaser in fee simple freed and discharged from the
    Legal Charge the Further Charge and all principal Interest
    and other moneys thereby secured and all claims and demands
    thereunder subject to the covenant hereinafter contained

    2. The Purchaser hereby covenants for itself and for
    the persons deriving title under it with the Vendor that
    it will henceforth erect a solid interwoven fence not less than
    six feet in height along the boundaries of the property
    hereby conveyed where marked with an inward "T" on the
    said plan and shall forever hereafter maintain the same

    3. The Society hereby acknowledges the right of the
    Purchaser in production of the several documents specified

    [Page three:]
    In the Schedule hereto and in delivery of copies thereof

    4. The Vendor as to the before mentioned documents
    covenants with the Purchaser that as and when any of
    the said documents shall come unto the possession of the
    Vendor or his successors in title he or they will when
    requested and at the cost of the Purchaser or his successors
    in title execute a statutory acknowledgment for
    production and undertaking for the safe custody of such
    documents and that in the meantime and until the execution
    of such undertaking every person having for the time being
    possession of the said documents will keep them safe whole
    uncancelled and undefaced unless prevented from so doing
    by fire or other inevitable accident

    5. It is hereby certified that the transaction hereby
    effected does not form part of a larger transaction
    or of a series of transactions in respect of which the
    amount or value or the aggregate amount or value of the
    consideration exceeds the sum of £3500

    IN WITNESS whereof the Vendor has

    hereunto set his hand and seal and the Common Seals of
    the Society and the Purchaser have been hereunto
    affixed the day and year first before written

    THE SCHEDULE above referred to

    24th August 1925
    CONVEYANCE of this date and made
    between Frank Morgan of the one
    part and Arthur Henry Cutler of
    the other part

    22nd July 1955
    CONVEYANCE of this date and made
    between the Personal Representatives
    of Arthur Henry Cutler deceased
    of the one part and the Vendor of
    the other part

    22nd July 1955
    The LEGAL CHARGE

    12th February 1959
    THE FURTHER CHARGE

    SIGNED SEALED AND DELIVERED by the )
    said CURTIS EDWARD ADATE in the ) Curtis E. Agate [signed]
    presence of:- )

    J. D. Pritchard,
    Solr
    Redditch

    [Page four:]
    THE COMMON SEAL of CO-OPERATIVE )
    PERMENANT BUILDING SOCIETY was )
    hereunto affixed in the presence of:- )

    by order of the Board of Directors

    No.12:         Conveyance between Curtis Edward Agate and Arthur John Stephens - five sheets.

    [Page one:]
    THIS CONVEYANCE is made the 26th day of November 1973 BETWEEN
    CURTIS EDWARD AGATE
    of Cedar Lodge Harvington Near Evesham in the
    County of Worcester (hereinafter called "the Vendor") of the one part
    and ARTHUR JOHN STEPHENS of Upper Spernall Farm, Great Alne in the
    County of Warwick (hereinafter called "the Purchaser") of the other part
    WHEREAS the Vendor is the estate owner in respect of the fee
    simple in possession free from incumbrances of the property hereinafter
    described and has agreed to sell the same to the Purchaser for the
    like estate in possession at the price of £5,175.
    NOW THIS DEED WITNESSETH as follows:-

    1. In pursuance of the said agreement and in consideration of
    the Sum of £5,175. on or before the execution of these presents paid
    by the Purchaser to the Vendor (the receipt of which sum the Vendor
    hereby acknowledges) the Vendor as beneficial Owner hereby conveys unto
    the Purchaser ALL THAT piece of land amounting in area to one third of an
    acre or thereabouts situate at the rear of the Old Reading Room in the
    Village of Harvington in the County of Worcester which said land is for
    the purposes of identification only delineated on the plan annexed hereto
    and therein edged red (being part of the garden of the property known as
    Cedar Lodge Harvington aforesaid) TO HOLD the same unto the Purchasers in
    fee simple

    2. For the benefit and protection of the property of the Vendor known
    as Cedar Lodge in the Parish of Harvington adjacent to the property hereby
    conveyed (hereinafter called "the retained property") or any part or parts
    thereof and so as to bind so far as may be the property hereby conveyed
    into whosesoever hands the same may come the Purchaser hereby covenants with
    the Vendor that the Purchaser and the persons deriving title under them will
    at all times hereafter observe and perform the restrictions and stipulations
    set out in the first schedule hereto

    3. In so far as he is able to do and in so far as the same are still
    subsisting and capable of taking effect the Vendor hereby assigns to the
    Purchasers the benefit of the covenants on the part of the Rural District
    Council of Evesham contained in a Conveyance dated the 5th day of September
    1947 between Caroline Ruth Cutler, Arthur Gordon Cutler and Alan Tweedale or
    the one part and the Rural District Council of Evesham of the other part

    [Page two:]
    4. It is hereby agreed and declared that the Purchaser shall not be
    entitled to any easement or right of light and air which would restrict
    or interfere with the free use of the adjoining property of the Vendor
    known as Cedar Lodge in the Parish of Harvington for building or other
    purposes

    5. The Vendor acknowledges the right of the Purchaser to the production
    of the documents specified in the second schedule hereto (the possession
    of which is retained by the Vendor) and to delivery of copies thereof
    and undertakes with the Purchaser for the safe custody of the said documents

    6. It is hereby certified that the transaction hereby effected does not
    form part of a larger transaction or of a series of transactions in respect
    of which the amount or value or the aggregate amount or value of the
    consideration exceeds £10,000

    IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
    seals the day and year first before written

    FIRST SCHEDULE

    1. No building shall be erected on the property hereby conveyed except
    four private dwelling houses and garages to be used in connection there-
    with and such building shall not be erected until the site and elevation
    thereof shall have been approved by the Vendor or his successors in title
    (owners for the time being of Cedar Lodge aforesaid) or his or their
    surveyor and every such building shall be of such character and description
    and built according to such plans designs specifications citing and elevations
    as shall have been similarly approved in writing before the same is commenced
    provided that any approval required to be given under this condition by the
    Vendor or his successors in title or his or their Surveyor shall not be
    unreasonably withheld and shall be given by the Vendor within fourteen
    days of the submission to him of such plans as aforesaid

    2. No doorway or window or other aperture (except only windows which
    shall be kept glazed with frosted glass of a type not affording through
    vision and of which the upper part only shall be capable of opening) shall
    be made or suffered to remain in any part of the South facing side of any
    building now or hereafter erected on the property hereby conveyed.

    3. No building agreed to be erected on any of the land hereby conveyed
    shall be used otherwise than as a private dwelling house only or as the

    [Page three:]
    residence of a professional person.

    4. No hoarding or other erection shall at any time be erected
    or placed or suffered to be upon any part of the property hereby conveyed
    for the Purpose of exhibiting any advertisement or notice other than such
    as relate to the selling or letting of the property and no advertisement or
    notice other than as aforesaid shall at any time be affixed to or exhibited
    upon any part of the property

    5. The Purchasers for themselves and the persons deriving title
    under them hereby covenant with the Vendor that they will forthwith
    erect a solid interwoven fence not less than five feet in height
    along the entire southern boundary of the property hereby conveyed
    and shall forever hereafter maintain the same

    6. If the Purchasers or their successors in title shall have occasion
    to demolish that part of the boundary wall which fronts the eastern side
    of the property hereby conveyed they shall make good at their own expense
    and to the Vendor's reasonable satisfaction the end of the said boundary
    wall where the same adjoins the Vendor's property known as Cedar Lodge
    aforesaid

    SECOND SCHEDULE

    22nd July 1955
    Conveyance between Arthur Gordon Cutler and Alan
    Tweedale of the one part and the Vendor of the other
    part

    22nd July 1955
    Mortgage between the Vendor of the one part and the
    Co-operative Permanent Building Society of the other
    part

    12th February 1959
    Further charge between the Vendor of the one part and
    the Co-operative Permanent Building Society of the other
    part

    C. E. Agate·

    Witness:- Howard Stockley,
    6 The Priory,
    Alcester,
    Warks.
    Schoolmaster.

    [Page four:]

    [Plan:]

    No.13:         Search dated 7th December 1973 - one sheet.

    [Not transcribed here]

    No.14:         Assent dated 1st September 1976 - one folded sheet.

    [Reverse:]
    Dated 1st September 1976

      MRS PAMELA ELIZABETH
      AGATE

      ASSENT

      of Cedar Lodge, Harvington
      Near Evesham, Worcester.

      Culter & Hallmark
      Solicitors,
      4 and 5 Sansome Place,
      Worcester.

      [Page one:]
      This ASSENT made the First day of September
      One thousand nine hundred and seventy six by PAMELA ELIZABETH AGATE
      of Cedar Lodge Harvington Near Evesham in the County of Hereford and
      Worcester (hereinafter called "the Executrix")

      WHEREAS:-
      Curtis Edward Agate late of Cedar Lodge aforesaid (hereinafter called
      "the Testator") who died on the twenty ninth day of April 1976 by his
      sole Executrix thereof who on the 28th day of June 1976 duly proved the
      said Will in the Oxford District Probate Registry

      Now the Executrix whereby assents to the vesting in herself of ALL THAT
      the property described in the First Schedule hereto in fee simple for
      all the estate and interest therein of the Testator at the time of his
      death

      AS WITNESS my hand the day and year above written

      CenterTHE FIRST SCHEDULE

      ALL THAT dwellinghouse with the garden and outbuildings belonging there-
      to situate at Harvington aforesaid and known as Cedar Lodge being the
      property comprised in a Conveyance dated the Twenty second day of July
      19554 and made between Arthur Gordon Cutler and Alan Tweedale of the one
      part and the Testator of the other part (excepting the property conveyed
      by the Testator in three Conveyances particulars of which are set out
      in the Second Schedule hereto and memoranda of which are endorsed on the
      aforesaid Conveyance of 22nd July 1955)

      [Page two:]

      THE SECOND SCHEDULE

      Date & Parties
      7th September 1961
      Testator (1) Co-operative Permanent Building
      Society (2) Dorothy Hall (3)

      5th June 1963
      Testator (1) Co-operative Permanent Building
      Society (2) J. Pettifer & Sons Ltd. (3)

      26th November 1973
      Testator (1) Arthur John Stephens (2)

      SIGNED by the said PAMELA ELIZABETH AGATE ) Pamela E Agate [signed]
      in the presence of:- )

      C H Bomford [signed]
      Windrush Harvington
      Nr Evesham
      Retd

    No.15:         Epitome of Title - one sheet.

    [Not transcribed here]

    No.16:         Will of Curtis Edward Agate - one sheet.

    [Page one:]
    ABSTRACT OF THE WILL, DEATH AND
    PROBATE OF CURTIS EDWARD AGATE

    5th April 1973
    Will of Curtis Edward Agate of Cedar Lodge, Harvington
    near Evesham, Worcestershire appointing his wife
    Pamela Elizabeth Agate the sole Executrix.

    29th April 1976
    Death of the said C.E. Agate at Cedar Lodge aforesaid
    without having revoked his said Will.

    28th June 1976
    Probate of Will of sd C. E. Agate decd granted out
    of Oxford Dis. Probate Regy. to sd P.E. Agate sole
    Executrix named in sd Will.

    Memo endd. on sd Grant of Probate that by an Assent
    dated 1st September 1976 sd P.E. Agate assented to
    vesting in herself of ppty known as Cedar Lodge
    aforesaid for an estate in fee simple.

    Examined with original
    Probate in our possession.

    this 4th day of September 1976.
    Culter & Hallmark
    4 & 5 Sansome Place
    Worcester
    Solicitors

    No.17:         Conveyance between Pamela Elizabeth Agate and Colin Antony and Francoise Foster - four sheets.

    [Page one:]
    Dated 29th July 1977

    PAMELA ELIZABETH BOMFORD

    to

    COLIN ANTONY FOSTER & FRANCOISE FOSTER

    CONVEYANCE
    relating to

    Cedar Lodge Harvington in the County
    of Hereford and Worcester

    Messrs. Pinsent & Co.
    Post & Mail House,
    Birmingham
    B4 6BH

    16/BB/770320

    [Page two:]
    [3 Franked Inland Revenue Stamps: Two Hundred Pounds 13.8.77; Two Hundred Pounds 13.8.77; Five Pounds 13.8.77.

    THIS CONVEYANCE is made the Twenty ninth
    day of July One thousand nine hundred and seventy seven
    BETWEEN PAMELA ELIZABETH BOMFORD of Mayfield Buckland Road
    Childswickham near Broadway Hereford and Worcester (hereinafter called
    “the Vendor” of the one part COLIN ANTONY FOSTER and [Mrs]
    FRANCOISE FOSTER both of Barascet Cottage Alveston Stratford-upon-Avon
    Warwickshire (hereinafter called “the Purchasers) of the other part
    WHEREAS the Vendor is the estate owner for her own use and
    benefit in respect of the fee simple absolute in possession of the
    property hereby conveyed free from incumbrances and has agreed to sell
    the same to the Purchasers of the like estate
    NOW THIS DEED made in pursuance of the said agreement and in
    consideration of the sum of TWENTY SEVEN THOUSAND POUNDS (£27,000.00)
    now paid by the Purchasers to the Vendor (the receipt whereof the
    vendor hereby acknowledges)

    WITNESSES as follows:-
    1. The Vendor as Beneficial Owner hereby conveys unto the
    Purchasers ALL THAT freehold piece of land with the dwellinghouse
    and appurtenances thereon belonging situate at Harvington in the
    County of Hereford and Worcester and known as Cedar Lodge Harvington
    aforesaid ALL WHICH said land forms part of the land comprised in
    and conveyed by a Conveyance dated 22nd July 1955 and made between
    Arthur Gordon Cutler and Alan Tweedale of the one part and Curtis
    Edward Agate of the other part and is for the purpose of identification
    only delineated on the plan annexed hereto and thereon edged red

    [Page three:]
    TOGETHER WITH
    (1) the benefit of the fencing covenant contained in a Conveyance
    of the 5th June 1963 and made between the said Curtis Edward Agate
    of the first part the Co-operative Permanent Building Society of
    the second part and J. Pettifer & Sons Limited of the third part and
    (2) the benefit of the covenants restrictions and stipulations
    more particularly set out in a Conveyance dated the 26th November
    1973 and made between the said Curtis Edward Agate of the one part
    and Arthur John Stephens of the other part
    (3) the benefit (so far as the Vendor can assign the same) of
    the covenants contained in a Conveyance of the 5th September 1847
    and made between Caroline Ruth Cutler and Arthur Gordon Cutler
    and Alan Tweedale of the one part and the Rural District Council
    of Evesham of the other part TO HOLD the same unto the Purchasers
    in fee simple

    2. The Purchasers declare that:-
    (a) they are the joint tenants
    (b) the trustees of the statutory trust for sale affecting the
    property shall have powers to deal with it equal to those of a
    sole beneficial owner

    3. The Vendor hereby acknowledges the right of the Purchasers
    to production of a Grant of Probate of the will of the said Curtis
    Edward Agate dated 28th June 1976 and granted to the Vendor (then
    named “Pamela Elizabeth Agate”) (possession of which is retained by
    the Vendor) and to delivery of copies thereof and undertakes for the
    safe custody thereof

    4. It is hereby certified that the transaction hereby effected

    [Page four:]
    does not form part of a larger transaction or of a series of
    transactions in respect of which the amount or value or the
    aggregate amount or value of the consideration exceeds Thirty thousand
    pounds (£30,000.00)

    IN WITNES whereof the parties hereto have set their
    hands and seals the day and year first before written

    SIGNED SEALED AND DELIVERED by )
    the said PAMELA ELIZABETH BOMFORD ) Pamela E. Bomford [signed]
    in the presence of:- )

    G J Haden
    # 4&5 Sansome Place
    Worcester
    Solicitor

    SIGNED SEALED AND DELIVERED by )
    the said COLIN ANTONY FOSTER ) Colin A Foster [signed]
    in the presence of:- )

    D C Owens
    22 Tennal Lane
    Harborne
    Birmingham B32 2BN
    Secretary

    SIGNED SEALED AND DELIVERED by )
    the said FRANCIOSE FOSTER ) F. Foster [signed]
    in the presence of:- )

    D C Owens
    22 Tennal Lane
    Harborne
    Birmingham B32 2BN
    Secretary

    [Plan:]

    No.18:         Epitome of Title 22nd July 1977 - one sheet.

    [Not transcribed here]

    No.19:         Search 25th August 1977 - one sheet.

    [Not transcribed here]

    No.20:         Marriage certificate dated 10th December 1983 - one sheet.

    [Certificate:]

    No.21:         Conveyance between Colin Antony Foster and Francoise Perkins - one large sheet.

    [Reverse:]
    Dated 16th February 1984

    COLIN ANTONY FOSTER

    to

    FRANCOISE PERKINS

    Conveyance

    of
    Cedar Lodge,
    Harvington
    Hereford & Worcester

    Geoffrey Parker & Bourne
    1 John Street,
    Stratford-upon-Avon

    [Page one:]
    [Two stamps and box with: PRESENTED / 22 FEB 1984 / No. 55474]

    This Conveyance is made the
    thirteenth day of February One thousand nine
    hundred and eighty four BETWEEN COLIN ANTONY FOSTER care of Trident Life
    London Road in the County of Gloucester (hereinafter called "the Husband")
    of the one part and FRANCOISE PERKINS (formerly Foster) of Cedar Lodge
    Harvington in the County of Hereford and Worcester (hereinafter called
    "the wife") of the other part

    WHEREAS:

    (a) by a Conveyance (hereinafter called "the Conveyance") dated twenty
    ninth day of July one thousand nine hundred and seventy seven and
    made between Pamela Elizabeth Bomford of the one part and the
    Husband and Wife of the other part the property hereinafter described
    was conveyed to the Husband and the Wife in fee simple upon trust
    for themselves as beneficial joint tenants free from incumbrances

    (b) By an Order of Mr. Registrar Donaldson in the Coventry County Court
    dated 17th October 1983 in proceedings between the Husband and Wife
    bearing number of matter 82 D 0399 the Husband was ordered to
    transfer to the Wife all his estate and interest in the said property

    Now in consideration of the premises and in pursuance of the said Order
    THIS DEED WITNESSETH as follows:-

    1. THE Husband as beneficial owner hereby release and conveys to the
    Wife ALL THAT the estate and interest of the Husband in the property
    described in the schedule hereto TO HOLD the same unto the wife in fee
    simple to the intent that the Wife may henceforth stand seised of the
    entirety of the said property free from any estate or interest of the
    covenants restrictions and stipulations set out in the Conveyance

    2. THE Wife hereby covenants with the Husband by way of indemnity but

    [Page two:]
    only in so far as the said covenant and conditions are still sub-
    sisting and capable of taking effect and affects the property hereby
    conveyed that she will at all times hereafter duly perform and
    observe the said covenants and conditions and will keep the Husband
    and his personal representatives effectively indemnified against all
    actions proceedings costs claims and demands whatsoever in respect of
    the said covenants and conditions or any of them so far as aforesaid.

    3. THE Husband covenants with the Wife in the terms set out in Part
    1 2nd Schedule Law of Property Act 1925.

    IN WITNESS whereof the parties hereto have hereunto set their hands
    and seals the day and years first before written.

    THE SCHEDULE

    ALL THAT freehold piece of land with the dwellinghouse and appurtenances
    thereto belonging situate at Harvington in the County of Hereford and
    Worcester and known as Cedar Lodge Harvington aforesaid as comprised
    in and conveyed by the Conveyance.

    SIGNED SEALED AND DELIVERED )
    by the said COLIN ANTONY ) Colin A Foster [signed]
    FOSTER in the presence of:- )

    L O R -----
    2 Offo St. Hereford
    Solicitor Managing Clerk

    SIGNED SEALED AND DELIVERED )
    by the said FRANCOISE PERKINS ) F. Perkins [signed]
    in the presence of:- )

    W A M -----
    Solicitor
    Stratford upon Avon

    No.22:         Conveyance between Francoise Perkins and William Downes Johnston Gourlay and Zoe Gourlay - three pages.

    [Page one:]
    Dated 30th October 1987

    F. PERKINS ESQ.,

    and

    Mr W. D. J. & Mrs Z. GOURLAY

    Conveyance

    Re: Cedar Lodge, Harvington
    in the County of Hereford & Worcester.

    WINTER WILKINSON,
    Solicitors,
    3 Market Hill,
    CAMBRIDGE.
    CB2 3RN.

    (CW)

    [Page two:]
    [5 Franked Inland Revenue Stamps: 3 five hundred pounds 11.11.87; 2 one hundred pounds 11.11.87; 1 fifty pounds 11.11.87.]

    is made the 30th
    day of October 1987 BETWEEN
    1 "The Vendor" FRANCOISE PERKINS of Cedar Lodge Harvington in
    the County of Hereford and Worcester
    2 The Purchasers" WILLIAM DOWNES JOHNSTON and ZOE
    GOURLAY both of the Nanse 34 South End Bassingbourn in the
    County of Cambridge

    WHEREAS the Vendor is seized of the property described
    below ("the property") for an estate in fee simple free from
    incumbrances

    AND WHJEREAS the Vendor has agreed to sell the property
    to the Purchasers for a like estate for ONE HUNDRED AND SEVENTY
    FIVE THOUSAND POUNDS (£175,000.00) and they have agreed to hold
    it in trust as appears below

    THIS DEED WITNESSES

    1. As they agreed and in consideration of ONE HUNDRED AND
    SEVENTY FIVE THOUSAND POUNDS (£175,000.00) which the Purchasers
    paid to the Vendor (and which the Vendor has received) the Vendor
    as beneficial owner CONVEYS to the Purchasers ALL THAT
    property known as and situate at Cedar Lodge Harvington aforesaid
    and more particularly described in a Conveyance (hereinafter
    called "the Conveyance") dated the 29th day of July 1977 and made
    between Pamela Elizabeth Bomford of the one part and Colin
    Antony Foster and the Vendor (then known as Francoise Foster) of
    the other part TOGETHER WITH the benefits of the covenants
    restrictions and stipulations contained mentioned or referred to
    in the Conveyance so far as the Vendor can lawfully assign the
    sale TO HOLD it in fee simple as appears below
    2. THE Purchasers shall hold the property the net proceeds of
    sale of it and the net rents and profits from it until sale as
    beneficial joint tenants at law and in equity

    3. IT is hereby declared that the Purchasers as trustees of this
    deed shall have the same unrestricted powers of leasing and
    mortgaging the whole or any part of the property as they would
    have if the sole beneficial owner it

    4. TO afford to the Vendor a complete indemnity but for no other
    purpose the Purchasers jointly and severally covenants with the
    Vendor from now on to observe and perform the covenants referred
    to so far as they relate to the property and are capable of being
    enforced and to indemnify the Vendor and the estate and effects
    of the Vendor against all costs claims and demands arising by
    reason of any failure to observe or perform them

    IN WITNESS whereof the parties hereto have hereunto set
    their respective hands and seals the day and year first before
    written

    SIGNED SEALED and DELIVERED by )
    the said FRANCOISE PERKINS in ) F. Perkins [signed}
    the presence of:- )

    W W---
    with Howarths
    Solicitors
    Birmingham

    SIGNED SEALED and DELIVERED by )
    the said WILLIAM DOWNES JOHNSTON ) W. D. J. Gourlay [signed}
    GOURLAY in the presence of:- )

    C Wingfield
    Solicitor
    Cambridge

    SIGNED SEALED and DELIVERED by )
    the said Zoe GOURLAY in the ) Zoe Gourlay [signed}
    presence of:- )

    C Wingfield

    No.23:         Mortgage 30th October 1987 - two sheets.

    [Not transcribed here]

    No.24:         Registration 30th September 2005 - two sheets.

    [A printed document registering the property Deeds after which they cease to be legal tender.]

    [Document:]

    [Plan:]