Indenture between John and James Nixon concerning the Fountain Inn.  26th July 1858

Introduction
It can be seen from the legal document which was transcribed from handwriting to the printed word as shown, that in the mid 1800’s solicitors were particularly keen to wrap their profession in some sort of mystique by using obtuse language that encouraged lay persons to marvel at their command of legalese.  In fact all it did was to make an apparently simple task look so difficult, to both understand and to translate into everyday conversation, what it was they were trying to achieve.  Regrettably, the odd word is completely indecipherable because it appears that some of the archaic legal terms have been abbreviated in the original document.  Where a reasoned guess can be made as to what the word was, it has been inserted.  To arrive at the transcription as it is, was a very time consuming task involving liberal use of magnifying glass and dictionary and to appreciate the difficulty, one would have to see the original document.  However, summing up, the Indenture, which simply means agreement, aimed to achieve the following:-
 
Summary
 
1.	William Nixon lived in Meerbrook prior to his death in 1830.  (We have records in the Society that confirm he was buried in Meerbrook churchyard on 28th Jan 1830).
 
2.	He had two sons, one of whom was also called William, and the other, James.  In William the elders will, he left his property which consisted of the old Fountain Pub, a cottage and garden and land which included a “cow house”, to his 2 sons because, not only were they his sons, but had helped in their construction/refurbishing.  However, when the first of the 2 sons died, they were covenanted to pass on their half to the surviving son.  Also, their sister, called Elizabeth Walvin so obviously married, received from the estate one shilling and sixpence per week for the rest of her life.
 
3.	William the son died first on1st May 1857 so James survived him.  When he died in 1857, he had a son called John Nixon and James, Williams brother and therefore John’s uncle, obviously decided between them that they would sell all the property referred to in the original will to what would appear to be another member of the Nixon family called John Frederick Nixon, although the document does not make that point clear.  The consideration for the Fountain Pub, a cottage, cow house and the land around it was £86.0s.0d which was paid over to James and John, although how this was shared is not disclosed.  However, the 1/6d payable to Elizabeth Walvin was sacrosanct and had to continue to be paid
 
4.	The document mentions that the pub was leased to Charles Armett at the time, and the cottage was occupied by William Foster who also got possession of the cow house.  (Both these properties were lost when the Tittesworth reservoir was extended in the 1950’s).
 
5.	The document concludes by saying that the purchaser, John Frederick Nixon is entitled to receive the rents and to pass on property to his heirs or to whom he chooses at any time in the future.  The sellers declare that they know of no reason why they cannot dispose of the property to J.F. Nixon and confirm that they have not acted in any way that may affect the purchaser’s ownership at any time in the future. The document was signed and witnessed by all parties.
 
Transcription

This Indenture made the 26th day of July 1858 in pursuance of an act to facilitate the conveyance of Real property but without prejudice to any operation which it may have independently of that statute Between James Nixon of Leek in the county of Stafford, Builder of the first part, John Nixon of Leek aforementioned Gent of the second part, and John Frederick Nixon of Leek aforementioned Builder/a Batchelor/ of the third part.   Whereas William Nixon formerly of  Meerbrook in the said county of Stafford but afterwards of Leek aforementioned Carpenter being for many years previous to and at the time of the date and execution of this Will lumiar recited and as continuing without interruption to the time of his death or well and sufficiently entitled unto the messuages or dwelling house garden land at heresaid lumiar described and intended to be hereby conveyed with their appointments for an establishment of inheritance in absolute fee simple in possession free from incumbrances duly made and executed his last will and testament in writing bearing date 26th day of           1830 and attested as then by law required for rendering valid devices of real estates whereby after directing the rest and residue of all his real and personal estate to be sold to pay all his funeral and testamentary expenses and all just debts the he might owe at the time of his decease proceeded as follows “I give and devise a certain Freehold Estate or messuage, having a piece or parcel of land and garden with a dwelling house occupied as a Public House known by the name of and the sign of the Fountain, together with a small separate tenement or dwelling house adjoining to the said Public House with the appurtenancies  thereto belonging, situate and being in the village, or chapelry of  Merbroke (sic) in the county of Stafford, unto my two sons (jointly) William and James Nixon (of Leek in the said county of Stafford) Carpenters, in consideration of them having largely contributed towards the expense of building the aforementioned dwelling houses now standing thereon – and also that they shall out of the profits arising from the said estate, pay to their sister, Elizabeth Walvin, of the town of Leek in the county of Stafford, one shilling and six pence in weekly payments during the term of her natural life, together with all rents due at my death Reserving to each of the said devisees, one, or the other,  to transfer his joint share in the said estate to the other as they may agree at any future time and lastly, I do hereby nominate and appoint my two sons, William and James Nixon my joint executors of this my last will and testament”. – And Whereas the said Wm. Nixon died on about the ninth day of January, 1831 and was buried at Meerbrook aforesaid.  And Whereas the said Wm. Nixon the Devisee died on the first day of May 1857 leaving the said James Nixon him surviving,   And Whereas the said James Nixon hath contracted and agreed with the said John Frederick Nixon for the absolute sale to him of all the estate and interest of the said W. Nixon of and in the said messuages dwelling house garden land thereto and the inheritance thereof in fee simple with the appurtenancies free from incumbrances (except the said annuity to the said Elizabeth Walvin) at the price of £86.  And Whereas the said John Nixon is the eldest son and heir at law of the said Wm. Nixon, the Testator and at the request of the said James Nixon hath agreed to join and concur in these presents for the purpose of  conveyances and release of all his estate and interest in the said inheritances and (the next word is indecipherable but is literally shown as pre’s) 
This Indre witnesseth  that in pursuance and performance of the said contract and in consideration of the sum of £86 sterling now paid by the said John F. Nixon to the said James Nixon the receipt whereof is hereby by him acknowledged, He the said James Nixon doth grant and convey, and the said John Nixon (at the request of the said James Nixon) doth grant convey and confirm unto the said John Frederick Nixon his heirs and assignees for ever All those two messuages or dwelling houses situate stands and being on the eastwardly side of the road leading from Blackshaw Moor to Meerbrook in the county of Stafford at Meerbrook afs’. (This word appears to be an abbreviation and the translation is open to conjecture) one of which is now occupied by Charles Armett  as a Public House known as the “Fountain” and the other is in the occupation of Wm. Foster   And Also all that piece or parcel of land now used and occupied as a garden situate lying and being at the southwardly end of the said Public House and occupied therewith   Together with the cow house situate at the back of the said dwelling house in the occupation of the said William Foster and now in the holding of the said Charles Armett.   And all Tithes o rents charge in lieu thereof arising upon or issuing out of said lands or any part thereof.   To Have and To Hold the said messuages  or dwelling houses garden land thereto and all (indecipherable) an other the (indecipherable) intended to be hereby granted and conveyed with their and every of their rights members and appurtenancies (subject nevertheless  to the said annuity of the said Elizabeth Walvin) unto the said J.F. Nixon this (indecipherable) To the only proper use of the said J.F. Nixon his heirs and assigns forever.   The said James Nixon covenanats with the said J.F. Nixon that he has the right to convey the said lands to the said J.F. Nixon notwithstanding any act of the said James Nixon   And that the said J.F. Nixon shall have quiet possession of the said lands   Free from all incumbrances except the said annuity to the said Elizabeth Walvin   And the said James Nixon covenants with the said J.F. Nixon he will execute such further assurances of the said lands as may be requisite   And the said John Nixon covenants with the said J.F. Nixon that he has done no act to incumber the said lands   And the said John Nixon releases to the said J.F. Nixon all his claims upon the said lands.     In Witness whereof the said parties hereto have set their hands and seals

Signed                   James Nixon
 
Signed                   John Nixon