12 Jan 1870 Covenant Release document

The document (transcript below) states that William Shone held the document but signatories were entitled to request copies. The only certified copy known to the history compiler is dated 18 Dec 1874.

    Besides Pitt Shone & Wood, the third parties named on the release of covenant and new covenant are listed below - whether this was all the stakeholders at the time is not known although interestingly one significant name is missing - a name that is believed to have owned many plots at that time - namely Dickson - the surrounding nursery owner.
  • William Jones of Upton - Provision dealer
  • George Edward Roberts of Upton - Clothier
  • John Bauchlin? Shone of Hoole - Bankers Clerk
  • Thomas Williams Pritchard of Chester - Brewer
  • David Horsfield of Upton - Railway Guard
  • George Thomas Holland of Upton - Railway Clerk
Of these -
- Roberts and Holland are known to have bought half plots (presumably sharing a double villa with) Wood and Pitt.
- Horsfield known to have bought Pitt's first house (no:84)
- Jones only has plot 29 which he then sells on to Roberts to build Spring Villa (no:29)
- John Shone is related to William Shone and possibly sharing in some of his plot ownership.
- Pritchard is often mentioned in various deeds but what he owned in 1870 is not clear.

THE TRANSCRIPT NOW FOLLOWS
- IT IS NOT EASY TO READ

This Indenture made the twelth day of January One thousand eight hundred and seventy Between William Pitt of Upton in the county of Chester Cashier of the first part William Shone of the City of Chester Collector and Agent of the second part Thomas Wood of the same City Law Stationer of the third part William Jones of Upton aforesaid Provision Dealer of the fourth part George Edward Roberts of Upton aforesaid Clothier of the fifth part John Beaichlin Shone of the township of Hoole in the County of Chester Bankers Clerk of the sixth part Thomas Williams Pritchard of the said City of Chester Brewer of the seventh part David Horsfield of Upton aforesaid Railway Guard in the eight part and George Thomas Holland of Upton aforesaid Railway Clerk of the ninth part Whereas each of the several persons parties hereto is seized and possessed of a certain portion of the land and premises situate in the Township of Upton in the County of Chester laid out in Building lots and forming the Estate called the " Upton Park Estate" and which said Lots are numbered from 1 to 30 both inclusive and more particularly delineated in the Map or Plan drawn in the margin of these presents And whereas each of the said parties on his becoming so seized and possessed of his portion of the said Estate entered into a certain Covenant and Agreement that he his heirs and assigns should not nor would at any time thereafter erect or build more than one Villa but which might be either single or double upon any one Lot of land held by him or them and that such Villa if erected should be built in accordance with a Plan to be approved of by the said William Pitt William Shone and Thomas Wood or their Surveyor or Agent and should be in the position indicated on the said Map or Plan or as near thereto as might be unless the said William Pitt William Shone and Thomas Wood should by Writing under their hands or the hands of their Agent consent to any deviation from such position And that such Villa if single should be not be of less annual Value than Fifteen pounds and if double than Twenty four pounds And whereas the said several parties hereto deem it advisable and for the benefit of the said Estate that the Covenant should be released and a new Covenant entered into by them in lieu thereof enabling them to erect or build on any one of the said Lots of land of which they may be the owners either a Double Villa of not less annual value than Twenty four pounds or two single or separate Villas of not less annual Value than Fifteen pounds each and they have mutually agreed to release the said Covenant and enter into such new Covenant in 'lieu' thereof as hereinafter contained And whereas it has also been mutually agreed between the said parties that these presents shall be placed and remain in the Custody of the said William Shone on his entering into such Covenant for the production thereof as hereinafter contained Now this Indenture Witnesses that in pursuance of the said Agreements each of them the said parties hereto Doth for himself his Appointees heirs executors and administrators remise release and for ever quit claim unto the other , and others of them his , and their Appointees heirs executors administrators and assigns and doth fully and absolutely exonerate and discharge him them and every of them of from and against All that the said Covenant and Agreement so entered into by him and them not to erect or build more than one Villa single or double upon any one Lot of the said land as aforesaid and all benefit and advantage to be had or taken of from or by means of the same And also , of from and against all and all manner of Action and Actions Suit and Suits cause and causes of action and Suit and claims and demands whatsoever which the said Releasers or any or either of them their or any or either of their appointees heirs executors administrators or assigns can or may have claim or demand or if these present had not been made could or might have had claimed demanded or been entitled unto upon from or against the said Releases or any or either of them their or any or either of their Appointees heirs executors administrators or assigns or their or any or either of their lands tenements goods chattels or effects by reason or on account of the same or the breach or non-performance thereof or otherwise however in relation thereto so and in such manner as that they the said Releasers and each and every of them their and each and every of their appointees heirs executors administrators and assigns and all and every other person or persons claiming or to claim any estate right title or interest from through under or in trust for them or any or either of them shall not nor can nor may take have or derive any advantage or otherwise avail themselves or himself of the same in any manner howsoever And each and every of them the said Releasers doth hereby for himself his appointees heirs executors and administrators Covenant promise and agree with and to the said Releasees and each and every of them their and each and every of their Appointees heirs executors administrators and assigns that they the said several Releasers their and each and every of their Appointees heirs executors administrators and assigns and will from time to time and at all times upon every reasonable request and at the proper cost and expense of the said several Releasees their and each and every of their Appointees heirs executors administrators or assigns make do execute and perfect or cause and procure to be made done executed and perfected all and every such further and other lawful and reasonable acts deeds matters and things whatsoever for the further better more perfectly and absolutely remising releasing exonerating and discharging the said several Releases their and each and every of their appointees heirs and assigns of from and against the said Covenant and Agreement and also of from and against all claims and demands of them the said several releasors their and each and every of their Appointees heirs executors administrators or assigns for or in respect or otherwise howsoever in relation thereto as by them the said Releasees their and each and every of their Appointees heirs executors administrators or assigns or their or his Councel in the Law shall be reasonably advised and required And each of them the said several parties hereto doth hereby for himself his Appointees heirs executors and administrators Covenant and agree with and to each and every of the others of them and his and their several and respective appointees heirs and assigns that he the said Covenanting party his Appointees heirs and assigns shall not nor will at any time hereafter erect or build more than one double Villa or two single or separate Villas upon any one of the said Lots of land belonging to him or them and that such Villa or Villas if erected shall be built in accordance with a plan to be approved of by the said William Pitt William Shone and Thomas Wood or their Surveyor or Agent and shall be in the position indicated in the said Map or Plan or as near thereto as may be unless the said William Pitt William Shone and Thomas Wood shall by writing under their hands or under the hand of their Agent consent to any deviation from such position And that such Villas if single shall not be of less annual Value than Fifteen pounds or if double than Twenty four pounds And the said William Shone for himself his Appointees heirs executors administrators and assigns - hereby Covenants with each of the said several other parties hereto his Appointees heirs and assigns that he the said William Shone his appointees heirs or assigns (unless prevented by inevitable accident) will at all times hereafter at the request in writing and at the costs of any or either of the said parties their or his Appointees heirs or assigns produce or cause to be produced in England or Wales and not elsewhere unto them or any or either of them their or his Appointees heirs or assigns or to their or his Attorney Solicitor Counsel or Agent or in the course of any Judicial proceeding or otherwise as occasions shall require this present Deed of Release and Covenant And at the like request and costs furnish the said several parties or any or either of them their or his Appointees heirs or assigns with Copies or extracts (attested if required) of the same Deed and permit any person or persons appointed by them or him to examine the same Copies or extracts with the Original In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written Signed by all those named above in the presence of Clerk with Mr G Tibbits? Solicitor Chester

The writing contained in this and the two preceding sides of Paper is a true copy of the Original Indenture of Release of Covenant of which it purports to be a copy the same having been carefully compared and examined therewith this eighteenth day of December One thousand eight hundred and seventy four by us: And we hereby certify that the said Deed was duly stamped with a One pound fifteen shillings Stamp. J Bridgeman? Solicitor Chester



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