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Deed of Partition 26 September 1604

This deed divides the lands in Hartley owned by the brothers John and Richard Overy. It first traces the ownership history back to their great-grandfather John, who died in 1555. Each brother was to get 2 farms - John got Fairby and St Peters (on the site of Mintmakers, Church Road), while Richard got Hayes (Woodins, Church Road), Forge Cottage, Ash Road and 60 acres of land adjoining - roughly equivalent to modern day Northfield.

This indenture made the six and twentieth day of September in the year of the reign of our sovereign lord James by the grace of God of England, Scotland, France and Ireland king, defender of the faith etc. viz. of England, France and Ireland the second, and of Scotland the eight and thirtieth. Between John Overy of Hartly in the county of Kent, yeoman, one of the sons of Abraham Overy late of Hartly aforesaid, deceased, of the one part. And Richard Overy of Hartly aforesaid, yeoman, one other of the sons of the said Abraham Overy, of the other part. Witnesseth that whereas John Overy, late of Hartly deceased, the great-grandfather of the said John and Richard Overy, being seized in his demesne as of fee of and in four messuages or tenements, four gardens, four orchards and 186 acres of arable lands, pasture and wood more or less with the appurtenances in Hartly aforesaid, by his will and testament in writing bearing date the 16th day of July in the year of our Lord 1555 (amongst other things) did devise the said messuages, lands and tenements with the appurtenances unto Richard Overy his son for life and the reversion or remainder thereof after his death to the said Abraham his son, and to the heirs males of his body lawfully begotten. Which Abraham being seized of the premises by force of the said gift and having issue male of his body lawfully begotten, the said John Overy and Richard Overy, parties to these presents, thereof afterwards died seized. After whose death the same John and Richard Overy his sons entered into the premises and occupied the same together in common and undivided until now of late time, when by their mutual consent and agreement with the advice and assistance of their friends, a perfect partition and division, according to the laws of this realm was had and made betwixt them of the said messuages, lands and tenements with the appurtenances. And that in manner and form following: that is to say.

 

That the said John Overy, one of the parties to these presents, should have hold and enjoy to him and his heirs forever in severality of and in full satisfaction of his part, purpart or moiety. All and singular the messuages or tenements, houses, buildings, yards, gardens, orchards, lands, tenements and parcels of ground, with the appurtenances (parcel of the premises) hereafter immediately expressed, that is to say. All that messuage or tenement called Farbyes with the appurtenances in Hartly aforesaid, and all houses, buildings, barns, stables, yards, gardens, orchards, thereunto belonging and those parcels of ground ensuing, namely Greate Nutfeild, Little Nutfeild, Plotfeild and Plotfield Spring, lying on the west side of the highway leading from Ashe to Dartford, and containing in them by estimation 34 acres more or less, Harries Hawe containing 7 acres more or less, the two Parrys Crofts and Ballocks Land containing together by estimation 14 acres more or less. And also one other messuage, tenement or cottage with the appurtenances called St Peter and 2½ acres of ground more or less thereunto belonging, now or late in the occupation of John Comfort, with these parcels also of ground following, viz. Yewfeild, containing 6 acres more or less, Care Hill containing 13 acres more or less, Basedeane containing 4 acres more or less, and Greate Huttocks and Little Huttock with the springs thereunto adjoining containing together by estimation 10 acres more or less. Into which premises last rented, assigned and allotted to the said John Overy for his part purpart or moiety, he the same John hath entered and is now seized thereof in severality according to the said partition.

 

And that the said Richard Overy the other party to these presents should have, hold and enjoy to him and his heirs forever in seveality for and in full satisfaction of his part, purpart or moiety. All and singular the messuages or tenements, houses, buildings, yards, gardens, orchards, lands, tenements and parcels of ground with the appurtenances (residue of the premises first before recited) hereafter immediately expressed, that is to say. All that messuage or tenement called Hayes House (Woodins) with the appurtenances in Hartly aforesaid, and all houses, buildings, barns, stables, yards, gardens and orchards thereto belonging. And those parcels of ground ensuing, namely Welfeild containing 10 acres more or less, a little croft adjoining to the east side of the said messuage called Hayes containing 3 acres more or less. Poores Croft containing 5 acres more or less, Morrells Croft containing also 5 acres more or less. And also one other messuage, tenement or cottage called The Smyth's Forge (Forge Cottage) with the houses, buildings, yards and garden together with 12 acres of ground more or less thereunto belonging, now in the occupation of John Warren or his assignees. And threescore acres of ground more or less, lying together in several parcels to a green against the said messuage called the Smyth's Forge towards the east, to the highway leading from Ash to Dartford towards the west, to the lands of William Sedley esquire towards the north, and to the lands of Thomas Launce and of John Walter gent. towards the south. Into which premises last recited, assigned and allotted to the said Richard Overy for his part, purpart or moiety, he the same Richard hath entered and is thereof now seized in severality according to the said partition.

 

Now for the better corroboration and confirmation of the said partition and division made, assented unto and agreed in manner and form aforesaid. It is covenanted, granted and agreed by and betwixt the said parties to these presents and either of them severally doth covenant, grant and agree of himself and his heirs to and whichever of them and his heirs severally by these presents to stand to and agree to the said partition and division. And that either of them the said parties to these presents and his heirs and assigns shall or may without the loss, trouble or interruption after by the other of them the said parties (his heirs or assigns) have hold and quietly enjoy the said messuages, lands, tenements and parcels of ground to him assigned and allotted for his part, purpart or moiety as is aforesaid. And that also acquired and discharged or sufficiently saved harmless of and from all incumbrances whatsoever had or committed by the other of them the said parties. And further the said Richard Overy, party to these presents, doth of him an his heirs remise, release, and quitclaim by these presents unto the said John Overy the other party to these presents, being now in full and peaceable possession and seizin of the premises to him assigned and allotted as is aforesaid, and to his heirs and assigns forever. All the right, title and interest and demand which he the said Richard now hath or late had or hereafter may have or claim of, in or to the said messuages, lands, tenements and parcels of ground with the appurtenances to him the said John Overy assigned and allotted for his part, purpart or moiety, by force of the said partition or of these presents or by any other ways or means whatsoever. And in like manner the same John Overy, party to these presents doth further for him and his heirs remise, release and quitclaim by these presents unto the said Richard Overy his brother being now also in full and peaceable possession and seizin of the premises to him the said Richard assigned and allotted as is aforesaid and to his heirs and assigns forever. All the right, title, estate, interest and demand which he the said John Overy may have or late had or hereafter may have or claim of, in or to the said messuages, lands, tenements and parcels of ground with the appurtenances to him the said Richard Overy assigned and allotted for his part, purpart or moiety by force of the said partition or of these presents or by any other ways or means whatsoever. And lastly it is covenanted and agreed by and betwixt the said parties to these presents and either of them severally for him and his heirs doth covenant, grant and agree to and with the other of them, his heirs and assigns by these presents, that either of them the said parties and his heirs shall yearly during the life of Dorothy Comfort, his mother, pay or cause to be paid to her the same Dorothy or her assigns, the son of 40s of lawful money of England for and in lieu and discharge of one annuity or rentcharge of £4 granted out of the premises or some part thereof to the said Dorothy during her life by the said Abraham Overy her late husband and that at such days and times and in such manner and form as the same annuity is payable by force of the said grant. In witness whereof the parties aforesaid have to these presents interchangeably put their hands and seals the day and year first above written.

 

(S) Richard Overy