WESTLEIGH PARISH

DATED 18 MARCH1930.

WESTLEIGH V.

COUNTY-DEVON DIOCESE-EXETER.

PARSONAGE HOUSE.

AUGUSTUS LANGHAM CHRISTIE Esquire

To

THE ECCLESIASTICAL COMMISSIONERS FOR ENGLAND.


This Deed is made the day eighteen of March

One thousand nine hundred and thirty BY AUGUSTUS LANCHAM CHRISTIE of Tapley Park Instow in the County of Devon Esquire (who and whose successors are hereinafter called “the Donor”) acting by The Lady Rosamond Alicia Christie his Wife (hereinafter called ” the Receiver “) pursuant to the hereinafter recited Order THE REVEREND CONRAD WILLIAM CURLING FIN ZEL Clerk in Holy Orders Vicar of the Vicarage and Parish of Westleigh in the County of Devon (who and whose successors are hereinafter called ” the Vicar “) and THE ECCLESIASTICAL COMMISSIONERS FOR ENGLAND (hereinafter called ” the Commissioners “) Under the Authority and for the purposes of the Church Building Acts 1818 to 1884 WHEREAS the Donor is seised in fee simple free from incumbrances of the property hereinafter described and expressed to be hereby conveyed and shown verged green on the Plan Number 1 annexed hereto AND WHEREAS by an Order dated the Fifteenth day of November One thousand nine hundred and twenty-nine made under the Act 53 Victoria Chapter 5 and Amending Acts In the Matter of the Donor the Receiver was authorised subject to the terms and conditions therein contained in the name and on behalf of the Donor to convey by way of gift to the Commissioners the said property hereinafter described and hereinafter referred to as ” the New Vicarage ” to be used as a Vicarage for Saint Peter’s Church Westleigh in place of the present Vicarage and for that purpose to execute and do such instruments acts and things as the Master referred to in the said Order should settle and approve And in the said Order it was further provided that the said grant should only be made subject to the surrender to the Donor of the easements specified in Part I of the Schedule thereto and to the conditions and terms specified in Parts II, III and IV of such Schedule AND WHEREAS the surrender of the said Easements is being effected by a deed intended to bear even date with these presents and the conditions and terms specified in Parts II,


III and IV of the Schedule to the said Order are being provided for by these presents AND WHEREAS certain of the covenants terms and conditions hereinafter contained or referred to affect the existing Vicarage House and grounds of the said Parish of Westleigh (hereinafter referred to as “the Old Vicarage”) which house is intended to be sold in compliance with the provisions of Parts I, II and IV of the Schedule to the said Order and a plan showing the Old Vicarage and grounds is attached to these presents and is hereinafter referred to as Plan Number 2 AND WHEREAS the Commissioners in consideration of the Conveyance to them by the Donor of the New Vicarage hereby conveyed have agreed to make a grant of a capital sum of One Thousand One Hundred and Fifty Pounds in favour of the Benefice of Westleigh and that so much as necessary of such grant be applied towards the cost of such improvements and repairs to the said New Vicarage as may be approved by the Commissioners ;and that the balance of such sum be applied to the augmentation of the endowment of the said Benefice and the Commissioners have further agreed that after the Conveyance to them of the New Vicarage as a Parsonage House for the said Benefice they will be prepared upon the application of the Vicar and with the approval of the Patrons of the said Benefice under the provisions of the Ecclesiastical Leasing Acts to sanction a sale of the Old Vicarage and grounds upon terms to be approved by them and the Commissioners and to deal with the net proceeds of such sale in accordance with the provisions of the Ecclesiastical Leasing Acts as part of the endowments of the said Benefice AND WHEREAS the Vicar has agreed to join in these presents in order to enter into the covenant hereinafter contained AND WHEREAS the said Master has settled and approved these presents as appears by his Seal impressed in the margin hereof NOW THIS DEED WITNESSETH that pursuant to the said Order and in consideration of the premises the Donor acting as aforesaid as Settlor DOTH HEREBY give grant and convey UNTO the Commissioners ALL THAT piece of land containing two thousand one hundred and twelve square yards or thereabouts situate in the Pariah of Westleigh in the County of Devon and bounded on or towards the West and North by the Public Road leading from Southcott to Saint Peter’s Church on

or towards the East by property belonging to the Donor and on or towards the South by property belonging to the Donor as the same piece of land hereinbefore described and expressed to be hereby conveyed is more particularly delineated on Plan Number 1 annexed hereto and is thereon verged green TOGETHER with the messuage tenement and outbuild­ings known as ” Sentoza ” now erected and standing thereon or on some part or parts thereof and hereinafter more particularly referred to as ” the New Vicarage ” AND TOGETHER ALSO with full right to the supply of water now belonging to the New Vicarage (which supply is derived from a well and a rain water tank and is drawn by two pumps in the scullery) and also the right to an additional supply derived by gravitation from the Estate Reservoir situate at the point marked ” A ” on Plan Number 1 on payment of an acknowledgment rent of Ten Shillings a year payable on the Twenty-fifth day of March in every year and subject to the conditions set out in the First Schedule hereunder written AND TOGETHER ALSO with the several rights and easements set out in Clauses 6, 8 and 12 of the Second Schedule hereunder written BUT EXCEPT AND RESERVING out of the Conveyance hereby made to the Donor his executors administrators and assigns the several rights and easements set out in Clauses 2, 3, 8, 11 and 13 of the said Second Schedule TO HOLD the same subject to and with the benefit of the conditions and terms set out in the said First and Second Schedules but except and reserved as aforesaid UNTO the Commissioners and their successors for the purposes of the said Church Building Acts and to be appropriated as and for a Parsonage or House of, Residence with garden and glebe thereto for the Vicar or Incumbent for the time being of the said Parish of Westleigh and to be devoted to Ecclesiastical purposes for ever by virtue and according to the true intent and meaning of the said hereinbefore mentioned Church Building Acts AND the Vicar as Vicar or Incumbent for the time being of the said Parish of Westleigh to the intent to bind himself and his successors the Vicar or Incumbent for the time being of the said Parish or other the person or persons in whom the freehold of and in the said property hereinbefore conveyed shall for the time being be vested other than the Commissioners but not so as to bind himself or his successors or his or their executors or administrators except as to

anything done or omitted to, be, done by him during his -or their respictive incumbency of the said Parish Doth hereby covenant with the Donor and also as a separate covenant with the. Commissioners that he the Vicar and his -successors or such person, or persons as aforesaid shall and will from time to time and at em times hereafter observe perform and keep the conditions and terms set out in Clauses 1, 5′ and :6 of the said Second Schedule AND the Donor. acting ;as aforesaid doth ‘hereby covenant with the Vicar and his successors and assigns and also as a separate covenant with the Commissioners and their successors that he the Donor and his successors shall and will from time to time and at all times hereafter observe perform and keep the conditions and terms set out in Clauses 4, 6, 7, 8 and 10 of the, said. Second Schedule AND the Donor acting as aforesaid doth hereby acknowledge – -the right of the Vicar and of the Commissioners ° to production of a Deed of Conveyance dated the Eighteenth day of March One thousand nine hundred and eighteen and made between Bessie Torr of the first part Horatio Higgs and Mary Elton his wife of the second part and the: Donor of the third part and to delivery of copies thereof IN WITNESS whereof the Donor acting as aforesaid hath hereunto set his hand and seal and the Vicar hath hereunto -set his hand and seal and the Commissioners have caused their Common Seal to be hereunto affixed the day and year first before written.

The FIRST SCHEDULE hereinbefore referred to,.

Conditions to which the additional Water Supply is subject:

1. THAT the supply of water is controlled by the Donor

2. THAT the water is – not to be used for garage purposes or for watering the gardens at the New Vicarage and is to be used for household purposes only


3. THAT the supply of water for the New Vicarage is to continue and be of the same quantity as at the date hereof but the Donor reserves to himself the right toterminate the user an giving to the Vicar three months notice in writing but such notice –shall not’ be given as long as the use of water is kept within the limits as hereinbefore prescribed and as long as there is a sufficient supply of water available J or the Vicarage over and above –that required for other properties which we or may be at any time supplied from the same source

4. THAT the branch and. service pipes of  one and a quarter inch galvanised pipe connected to the three inch main pipe bathe road as and when necessary shall be repaired by the Vicar

5. The SECOND SCHEDULE hereinbefore referred to.

Conditions and terms hereinbefore mentioned. .

6. THAT, the boundary fences, which go with the, New Vicarage

shewn by the ” T ” marks on plan Number 1 are to be maintained by the Vicar

2. THE Donor reserves the right for the eaves gutter of the cottage and outbuildings on the South side of the site, to overhang the New Vicarage premise.

3. THE Donor reserves the right to now existing: easements and/or quasi easements (if any) over the New Vicarage premises

4. THE Donor undertakes forthwith to wall: up the garden doorway at the back of the stables at the paint A shown on plan Number 2

5. THE Vicar shall from the date hereof discontinue the use of the privy at the paint B on plan Number 2 as an earth closet and the Donor undertakes forthwith to wall up the privy outlet to the back wall against the waste adjoining the farm roadway

6. THE Vicar shall pay an acknowledgment rental of One Shilling a year for the easement of the way as hitherto enjoyed over the farm road from the orchard at the point C to the point G on plan Number 2 but the right is to be reserved to the Donor to terminate such easement on giving three months’ notice in writing to the Vicar

7. THE Donor shall wall up the footpath gateway leading from the Old Vicarage garden to the footpath at the point D on plan Number 2

8. THE well at the point E on plan Number 2 on the Old Vicarage premises is admitted to belong to the Donor who is to have full right of

access thereto and there from for the purpose of maintaining the said wall a pipes leading thereto and there from and the guard fence enclosing the well on the understanding that the Donor is to make–good %* surface damage caused thereby and the Vicar is to be entitled to dip water from the well for consumption by cattle grazing on the Old Vicarage Lawn in which the well is situate

9. THE ownership of the boundary fences between the property of the Donor and the Old Vicarage are shewn by ‘IT ” marks on plan Number 2 and the concrete post and wire fence dividing the Old Vicarage from the Glebe Lands bought by the Donor belongs to the Donor

10. THE Donor agrees to keep the road from F to G on plan Number 2 leading to the back entrance gateway of the Old Vicarage in reasonably good repair as a farm road

11. THE Vicar agrees that the Donor has a right of support for the roof of his open shed on the wall of the Kitchen Garden of the Old Vicarage

12, THE Vicar is to have the right to a supply of water from a well in the field immediately adjoining and to the North of the Old Vicarage Orchard and also the right at all reasonable times to enter upon the said field for the purpose of repairing and cleaning out the said well and for repairing or renewing the pipe leading there from to the Old Vicarage the position of such well being marked H on the said plan Number 2


13. THE Donor shall be entitled to an easement for a gulley and drain at the end of the Old Vicarage Stables for the drainage of the farm yard and buildings

SIGNED SEALED AND DELIVERED by the before-named Augustus


Langham Christie . by the Lady Rosamond Alicia Christie his Receiver in the presence of