The Estate - Bevendean History Project
Purchase of Land for Bevendean Hospital
This Indenture made the seventh day of October 1880 Between Thomas Hill of Richmond in the County of Surrey Esq and after James Fitz-Hugh of Brighton in the County of Sussex gentlemen (hereinafter called the said Trustees) of the first part. Lucy Catherine Harrington of No 64 Porchester Terrace in the County of Middlesex Widow of the second part and the Mayor Aldermen and Burgesses of the Borough of Brighton in the County of Sussex (hereinafter called the said Corporation) of the third part. Whereas George Harrington late of Nymans in the Parish of Cuckfield in the County of Sussex Esquire deceased being for some time previous to and that the time of his death seized of or otherwise well and sufficiently entitled to the hereditaments hereinafter described and expressed to be hereby conveyed for an estate of inheritance in fee simple in possession free from incumbrances by his Will dated the second day of December 1854 after making certain specific devises to his Wife the said Lucy Catherine Harrington (not comprising the hereditaments hereinafter described and expressed to be hereby conveyed) devised unto Charles George Taylor and George Philcox Hill all his messuages lands tenements hereditaments and real estate whatsoever and wheresoever and what nature or description so ever the same might be which he should be seized possessed of interested or entitled to at the time of his decease (except such parts thereof as he has therein before disposed of in favour of his said Wife) to hold the same unto the said Charles George Taylor and George Philcox Hill and their heirs upon trust that they this said Trustees or the survivors of them or the Trust Executors or Administrators of such survivor should as soon as conveniently might be after the decease of his said Wife or from time to time with consent of his said Wife in her lifetime to be testified by some writing under her hand make sale and absolutely dispose of all his said real estate either together or in parcels and by Public Auction or Private Contract in such manner as his said Trustees or Trustee should think fit for such price for prices or sum or sums of money as to them or him should seem reasonable And the said testator thereby declared that the receipt or receipts of his said trustees and the survivor of them and the executors administrators and assigns of such survivor should be good and effectual discharge and discharges to the Purchaser and Purchasers of all or any part of his said real estate or to any person or persons paying any money due to him or his estate for so much money as in such receipt or receipts should be acknowledged or expressed to be received and that such Purchaser or Purchasers or other person or persons should not afterwards be answerable or accountable for the loss this application or non-application or be in any way bound or concerned to see to the application of the money in and by such receipt or receipts expressed or acknowledged to be received And the said testator appointed the said Charles George Taylor and George Philcox Hill executors of his said Will And whereas the said testator died on or about the Eighteenth day of February One Thousand Eight Hundred and Fifty Seven without having altered or revoked his said Will otherwise than by two Codicils not affecting the device of real estate hereinbefore recited And the said Will and Codicils were on or about the Twenty Fifth day of April duly proved by both the said executors in the Prerogative Court of Canterbury And whereas the said Charles George Taylor died on or about the tenth day of September one thousand eight hundred and sixty-nine and was buried at Frensham in the County of Surrey And whereas the said George Philcox Hill died on or about the twenty sixth day of December one thousand eight hundred and seventy-five and was buried in the city of Bath having by his will dated the thirteenth day of May one thousand eight hundred and seventy-five appointed the said Trustees executors thereof and advised all real estate vested in him as Trustee unto and to the use of them the said Trustees their heirs and assigns subject to the trusts and equities affecting the same And the said Will was proved by the said Trustees in the principal registry of the probe rate division of her Majesty’s High Court of Justice on the Eighteenth day of January One Thousand Eight Hundred and Seventy Six And whereas on the Twentieth day of May One Thousand Eight Hundred and Seventy-Six in the Chancery Division of the High Court of Judicature entitled Eighteen Seventy Six H No 212. In the matter of the estate of George Harrington deceased Maria Braune Plaintiff against the said Thomas Hill and after James Fitzhugh and Elizabeth Taylor Widow defendants to have the real and personal estate of the said George Harrington deceased administered And whereas by an agreement in writing dated the Twenty Fifth day of March One Thousand Eight Hundred and Eighteen made between the said Thomas Hill, Arthur James Fitz Hugh and Lucy Catherine Harrington of the one part and the said Corporation of the other part After reciting amongst other things that the said Corporation in pursuance and exercise of the powers to them given by the Public Health Act Eighteen Seventy Five gave notice to the Trustees on the first day of December One Thousand Eight Hundred and Seventy Nine of the intention of the Corporation to take a certain piece of land containing four acres or thereabouts part of the hereditaments thereinafter described (being the hereditaments intended to be hereby conveyed) on which to build an Hospital or place for the reception of the sick And that the Trustees dissented from the taking by the Corporation of the said land comprising four acres or thereabouts for the purpose aforesaid but it had subsequently been agreed between the parties thereof that the said Trustees should sell and the said Corporation should purchase the piece of land containing ten acres therein and hereinafter described and expressed to be hereby conveyed in coloured pink and green on the plan thereto annexed (and which plan is drawn in the margin of these presents) at the price of Five Thousand Pounds the said Corporation being restricted from building the said hospital or place for the reception of the sick on any part of the 10 acres except the part coloured green on the said plan and being restricted as to the use of the remainder of the said land in manner therein appearing it was agreed between the parties thereto that the said Trustees should sell and the said Corporation should purchase the piece of freehold land and hereditaments thereinafter described and intended to be hereby conveyed at the price of Five Thousand Pounds and upon the execution of the conveyance the Corporation were at their own expense to deliver to the Trustees duplicate of the combines containing a covenant binding the Corporation their successors and assigns and all future owners and owner occupiers and occupier of the said piece of land to observe certain stipulations therein set forth being the stipulations contained in the covenant of the Corporation hereinafter contained
And
whereas the said agreement was on the Thirty First day of May One
Thousand Eight Hundred and Eighty duly confirmed by the said Chancery
Division Now this indenture witnesseth
that in consideration of the sum of Five Thousand pounds sterling on or
before the execution of these presents paid to the said Trustees the
receipt whereof they the said Trustees do and each of them doth hereby
acknowledge and from the said hereby release the Corporation their
successors and assigns All
that freehold piece of land situated in the East Hill Lane in the
parish of Preston and Borough of Brighton in the County of Sussex and
on the North side of the road leading from the Lewes Road to the Downs
and called the Bear Road containing by admeasurement 10 acres (little
more or less) abutting to land belonging to Mr Steyning Beard and W.
George Humphrey Beard on the North to land and hereditaments used as a
cemetery and belonging to the Brighton Burial Board on the East and to
other land of the said Trustees on the West or how so ever otherwise
abutting And which said
piece of land hereinbefore described is more particularly delineated in
the plan drawn in the margin of these presents and thereon coloured
pink and green And all
fences roads ways paths passages drains waters watercourses lights
rights easements and appurtenances what so ever to the same piece of
land or any part thereof belonging or in any wise appertaining And all reversions remainders yearly and other rents issues and profits thereof And
all the estate rights title and interest use highest property claim and
demands whatsoever of the said Trustees or either of them for which
they or either of them are is a shall become by the land clauses
consolidation plots or otherwise empowered to convey To have
and to hold all the hereditaments and premises expressed and intended
to be hereby assured unto the said Corporation their successors and
assigns for ever for the purposes of the Public Health Act 1875 And
each of them the said Trustees doth hereby for himself his heirs
executors and administrators covenant with the said Corporation their
successors and assigns that be the covenanting party as not done or
knowingly suffered or been party or privy to any act deed matter or
thing whereby the hereditaments and premises hereinbefore described and
expressed to be hereby conveyed or any part or parts thereof are is can
or may be impeached encumbered or affected in title estate or otherwise
howsoever And further
that unless prevented by accidental fire or other inevitable casualty
they the said Trustees or the survivor of them or the executors or
administrators of such survivor there all his assigns will from time to
time or at any time hereafter upon the request and at the cost of the
said Corporation their successors or assigns produce to them him or her
respectively or to such person or persons as they he or she
respectively shall appoint or in those Supreme Court of judicature or
any inferior in other court or elsewhere in England all or any of the
deeds and writings specified in the schedule hereto when and as often
as the production thereof for the support or manifestation of the
estate or title of the said Corporation their successors and assigns or
any of the whereas the same hereditaments and premises or any part
thereof shall be required And
also will unless prevented as aforesaid upon any such request were at
such costs as aforesaid of the said Corporation their successors and
assigns or any of them make out and deliver to them him or her
respectively obey his or her respective agents such two copies tested
run attested or Abstracts of an extract from the same deeds and
writings or any of them or they he or she may read choir and will
unless prevented as aforesaid in the meantime keep the same deeds and
writing safe and cancelled and under force And the said
Corporation doth hereby for themselves their successors and assigns
covenant with the Trustees their executors and administrators and
assigns that they the said Corporation their successors or assigns
shall not nore will at any time hereafter on the land conveyed or any
part thereof or any building or buildings to be erected there on or on
any part thereof other than and except in the piece of land coloured
green on the said plan drawn in the margin of these presents do any of
the following things namely direct or build or suffered to be erected
or built a hospital or place for the reception of the sick carry on or
suffer any offensive made a business or occupation or other thing which
shall all may be or become a damage disturbance or annoyance or
grievance to the Trustees their heirs or assigns or to any occupier of
land or buildings for the time being in the neighbourhood And it is
hereby agreed by and between the parties hereto that the covenant of
the said Corporation lastly hereinbefore contained shall for ever run
with the land so far as the rules of law or equity will allow In Witness
whereof the said parties hereto of the first and second part have
hereunto set their hands and seals and the said Corporation have
hereunto affixed their common seal the day and year first before
written.
Dated: 7 October 1880
The Trustees of the Will of the late George Harrington Esq
to
The Mayor Aldermen and Burgesses of the Borough of Brighton
Duplicate
Conveyance of Land for an Hospital
The Trustees of the Will of the late George Harrington Esq
to
The Mayor Aldermen and Burgesses of the Borough of Brighton
Duplicate
Conveyance of Land for an Hospital
This Indenture made the seventh day of October 1880 Between Thomas Hill of Richmond in the County of Surrey Esq and after James Fitz-Hugh of Brighton in the County of Sussex gentlemen (hereinafter called the said Trustees) of the first part. Lucy Catherine Harrington of No 64 Porchester Terrace in the County of Middlesex Widow of the second part and the Mayor Aldermen and Burgesses of the Borough of Brighton in the County of Sussex (hereinafter called the said Corporation) of the third part. Whereas George Harrington late of Nymans in the Parish of Cuckfield in the County of Sussex Esquire deceased being for some time previous to and that the time of his death seized of or otherwise well and sufficiently entitled to the hereditaments hereinafter described and expressed to be hereby conveyed for an estate of inheritance in fee simple in possession free from incumbrances by his Will dated the second day of December 1854 after making certain specific devises to his Wife the said Lucy Catherine Harrington (not comprising the hereditaments hereinafter described and expressed to be hereby conveyed) devised unto Charles George Taylor and George Philcox Hill all his messuages lands tenements hereditaments and real estate whatsoever and wheresoever and what nature or description so ever the same might be which he should be seized possessed of interested or entitled to at the time of his decease (except such parts thereof as he has therein before disposed of in favour of his said Wife) to hold the same unto the said Charles George Taylor and George Philcox Hill and their heirs upon trust that they this said Trustees or the survivors of them or the Trust Executors or Administrators of such survivor should as soon as conveniently might be after the decease of his said Wife or from time to time with consent of his said Wife in her lifetime to be testified by some writing under her hand make sale and absolutely dispose of all his said real estate either together or in parcels and by Public Auction or Private Contract in such manner as his said Trustees or Trustee should think fit for such price for prices or sum or sums of money as to them or him should seem reasonable And the said testator thereby declared that the receipt or receipts of his said trustees and the survivor of them and the executors administrators and assigns of such survivor should be good and effectual discharge and discharges to the Purchaser and Purchasers of all or any part of his said real estate or to any person or persons paying any money due to him or his estate for so much money as in such receipt or receipts should be acknowledged or expressed to be received and that such Purchaser or Purchasers or other person or persons should not afterwards be answerable or accountable for the loss this application or non-application or be in any way bound or concerned to see to the application of the money in and by such receipt or receipts expressed or acknowledged to be received And the said testator appointed the said Charles George Taylor and George Philcox Hill executors of his said Will And whereas the said testator died on or about the Eighteenth day of February One Thousand Eight Hundred and Fifty Seven without having altered or revoked his said Will otherwise than by two Codicils not affecting the device of real estate hereinbefore recited And the said Will and Codicils were on or about the Twenty Fifth day of April duly proved by both the said executors in the Prerogative Court of Canterbury And whereas the said Charles George Taylor died on or about the tenth day of September one thousand eight hundred and sixty-nine and was buried at Frensham in the County of Surrey And whereas the said George Philcox Hill died on or about the twenty sixth day of December one thousand eight hundred and seventy-five and was buried in the city of Bath having by his will dated the thirteenth day of May one thousand eight hundred and seventy-five appointed the said Trustees executors thereof and advised all real estate vested in him as Trustee unto and to the use of them the said Trustees their heirs and assigns subject to the trusts and equities affecting the same And the said Will was proved by the said Trustees in the principal registry of the probe rate division of her Majesty’s High Court of Justice on the Eighteenth day of January One Thousand Eight Hundred and Seventy Six And whereas on the Twentieth day of May One Thousand Eight Hundred and Seventy-Six in the Chancery Division of the High Court of Judicature entitled Eighteen Seventy Six H No 212. In the matter of the estate of George Harrington deceased Maria Braune Plaintiff against the said Thomas Hill and after James Fitzhugh and Elizabeth Taylor Widow defendants to have the real and personal estate of the said George Harrington deceased administered And whereas by an agreement in writing dated the Twenty Fifth day of March One Thousand Eight Hundred and Eighteen made between the said Thomas Hill, Arthur James Fitz Hugh and Lucy Catherine Harrington of the one part and the said Corporation of the other part After reciting amongst other things that the said Corporation in pursuance and exercise of the powers to them given by the Public Health Act Eighteen Seventy Five gave notice to the Trustees on the first day of December One Thousand Eight Hundred and Seventy Nine of the intention of the Corporation to take a certain piece of land containing four acres or thereabouts part of the hereditaments thereinafter described (being the hereditaments intended to be hereby conveyed) on which to build an Hospital or place for the reception of the sick And that the Trustees dissented from the taking by the Corporation of the said land comprising four acres or thereabouts for the purpose aforesaid but it had subsequently been agreed between the parties thereof that the said Trustees should sell and the said Corporation should purchase the piece of land containing ten acres therein and hereinafter described and expressed to be hereby conveyed in coloured pink and green on the plan thereto annexed (and which plan is drawn in the margin of these presents) at the price of Five Thousand Pounds the said Corporation being restricted from building the said hospital or place for the reception of the sick on any part of the 10 acres except the part coloured green on the said plan and being restricted as to the use of the remainder of the said land in manner therein appearing it was agreed between the parties thereto that the said Trustees should sell and the said Corporation should purchase the piece of freehold land and hereditaments thereinafter described and intended to be hereby conveyed at the price of Five Thousand Pounds and upon the execution of the conveyance the Corporation were at their own expense to deliver to the Trustees duplicate of the combines containing a covenant binding the Corporation their successors and assigns and all future owners and owner occupiers and occupier of the said piece of land to observe certain stipulations therein set forth being the stipulations contained in the covenant of the Corporation hereinafter contained
| The schedule above referred to | |
| 16th & 17th Dec 1834 | Indentures of the lease and release the release made between Bartholomew Smithers and Thomas Isaacson of the first part George Philcox Hill the said George Harrington and Richard Groom of the second part Thomas Harrington of the third part the said George Harrison of the fourth part and William Furner of the fifth part. |
| Manor of Preston | |
| 18 December 1834 | Stewards Copy Admission of the said George Harrington |
| 22nd & 23 June 1835 | Indentures of Lease and Release the Release made between William Stanford of the first part John Hopper of the second part the said George Harrington of the third and the said William Furner of the fourth part. |
| Note: The land was purchased by the Corporation in 1880 for £5,000 subject to restrictions preventing them from erecting buildings for the infectious sick except on a limited portion of the site shown in green on the plan, which is about 4 acres of the 10 acre site. These restrictions were removed in 1895 by a payment of £1,000. |
