Legal documents can be difficult to read, and it is very easy to dismiss them, when they can contain a wealth of information. This document was advertised on ebay as "Copy draft conveyance of the Kings Head pub - Ware, Hertfordshire: Larger than A4 and on 8 sides.  Messrs Joseph Pollard and William Ransom to James Bullen and Samuel Porter the younger - 1879.  It was situate in Mill Lane.  The document is full of the usual legal terminology and rather boring." and I purchased it for £0.99 which was less than the additional cost of postage just to see what it said.

 

Well - it is full of the usual jargon - and as is usual is written without any punctuation. However the main clauses start with the first word written more boldly - and in the transcription given below I have started each such clause as a new paragraph. As a draft it also it also contains a number of abbreviations - such as "resply" for "respectively" and "indre" for "indenture" which would have been written in full in the final document.

 

However the document not only describes the sale of the Kings Head public house but also includes a lot of names and provides an interesting insight into the Lucas family of brewers of Hitchin. However before describing the message it contains I give a transcription - together with  notes taken from standard genealogy sources - to illustrate how this can help understand the document.

This indenture made the 25th day of November 1879 between Joseph Pollard of Highdown near Hitchin in the County of Hertford, Gent & William Ransom of Hitchin aforesaid Gent of the one part  & James Bullen of the Parish of Little Chishill in the County of Essex Farmer and Samuel Porter the younger of Walkern in the County of Hertford Farmer of the other part

Whereas Joseph Lucas late of Oakfield near Hitchin aforesaid Esq deceased duly made & executed his will dated 27th day of April 1874 Thereby devised all the messuages lands tenements heredits & real estate of every tenure (except copyhold) of or to which he should at his death be seized or entitled or over which he should have a general power of appointment or disposition by will unto the use of the said J Pollard Charles Archibald Bartlett & the said Wm Ransom their heirs executors & adminors resply Upon trust that they this said Trustees or the survors or survivor of them should sell the same either together or in parcels & either by public auction or private contract & under any stipulations as to title or otherwise which they or he should think fit and the said testor appointed the said Joseph Pollard Charles Archibald Bartlett & W Ransom Exors of his will

And Whereas  the said Joseph Lucas died on the 14th day of June 1877 seised for an absolute estate of inhance in fee simple in possession free from incumbrances of & amongst other heredits the heredits intended to be hereby granted without having revoked or altered his said will except by a Codicil which did not affect the said devise & the said Will and Codicil were proved in the Principal Registry of the Probate Division of the High Court of Justice on the 10th day of July 1877 by all the said executors

And Whereas the said Charles Archibald Bartlett died at Hitchin aforesaid on the 25th day of April 1879

And Whereas by an order of the Chancery Division of the High Court of Justice made by the Master of the Rolls on the 24th day of November 1877 in the matter of the estate of the said Joseph Lucas deceased in an action wherein Joseph John Lucas was Plaintiff & the said Joseph Pollard C A Bartlett & Wm Ransom were Defendants it was ordered that much of the unsold real estate of the said Testator as it should appear upon enquiry ought to be sold should be sold with the approbation of the judge & that the money to arise by the sale thereof should be paid into Court to the credit of re Lucas deceased Lucas v Pollard 1877 £182 to an account to be entitled proceeds of Testators real estate

And Whereas in pursuance of the said order the said heredits intended to be hereby granted were on the 16th day of August last with the approbation of the judge put up for sale by public auction in one lot at which sale the said James Bullen & Samuel Porter became the purchasers of the same heredits for the sum of £900 & they then paid to George Jackson the person appointed by the judge to receive the same the sum of £90 as a deposit in part payment of the said purchase money pursuant to one of the conditions of the said sale

And Whereas by an order of Court made on the 30th day of September last it was ordered that the said James Bullen & Samuel Porter should pay into Court to the credit aforesaid the balance of the said purchase money & the interest thereon

And Whereas the said James Bullen & Samuel Porter did on the 23rd day of October last in pursuance of the last recited order pay the sum of £812.5.3 being the said Balance with Interest into the Bank of England to the credit aforesaid

Now this Indenture Witneth that in pursuance of the 1st recited order & for effectuating the said sale & in conisn of the sums of £90 & £812.5.3 so paid by the said James Bullen & Samuel Porter as hereinbefore mentioned The said Joseph Pollard & Wm Ransom in execution of the trust for sale contained in the said recited Will of the said Joseph Lucas deceased & of every other trust or power or authority thereto directing them or enabling them Do grant release & confirm unto the said J Bullen & S Porter their heirs and assigns

All That messuage or tenement or Public House called or known by the name or sign of the Kings Head with the yard gardens and appurts thereto belonging situate in the town of Ware in the County of Hertford in a Lane there called Mill Lane abutting on a messuage or tenement formerly of Joseph Fairman towards the West on Bell Close towards the North on a messuage or tenement formerly of Thomas Docwra towards the East & on Mill Lane aforesaid towards the South which said messuage or tenement & premises were formerly in the tenure or occupation of Thomas Ellis afterwards of Reuben Izzard & and are now in the tenure of the said Jas Bullen & Saml Porter & in the occupation of [left blank] as their undertenant

Together with all outhouses ways passages watercourses walls fences drains sewers lights easements privileges rights members & appurts whatsoever to the said heredits & premises belonging or appurtaining or therewith held used or enjoyed

And All the estate right title & interest of the said Joseph Pollard & Wm Ransom therein and thereto

To have & to hold the said messuage or tenement heredits an premises hereinbefore described & intended to be hereby granted with the appurts Unto & to the only proper use of the said James Bullen & Saml Porter their heirs & assigns for ever as joint tenants

And the said Joseph Pollard & William Ransom so far as concerns their respective acts & defaults for themselves resply their respective heirs exors & admons hereby severally covenant with the said Joseph Bullen & Saml Porter their heirs  & assigns that the said covenantors resply have not done of knowingly permitted any act or thing whereby the said heredits & premises hereby granted or otherwise assured or any part thereof with the appurts are is or shall be aliened incumbered or otherwise prejudicially affected or whereby they resply are ore may be hindered in or prevented from performing the said trust for sale

And the said Joseph Pollard & W Ransom as to the acts themselves resply & their respective heirs exors & admons so long as an Indre being a Deed of Partition bearing the date the 1st day of Decr 1869 & made between Elizabeth Lucas Francis Lucas Henry Lucas & Jno Clay Lucas of the 1st part the said Joseph Lucas of the 2nd Part the said Francis Lucas Samuel Lucas Wm Beck & Arthur Lucas of the 3rd part & Wm Lucas of the 4th part shall be or ought to remain in their Custody or power & also for the purpose of binding their assigns so far as it is competent for them so to do without creating any peroonal liability on their own part for the acts of such assigns but not further or otherwise do hereby for themselves resply their respive heirs executors adnons & assigns further covenant with the said James Bullen & Samuel Porter their heirs and assigns That they the said coventing parties resoly their respive heirs exors admons or assigns will (unless prevented by inevitable accident) from time to time & at all times thereafter at the request & cost of the same Jas Bullen & Samuel Porter their heirs or assigns produce to them as occasion may require in England the said Deed in manifestation or defence of the title of the said Jas Bullen & Samuel Porter their heirs or assigns to the heredits & premises hereby granted or any part thereof & at the like request & at the cost of the said J Bullen & S Porter their heirs or assigns furnish them with such true or attested copies of or extracts from the said Deed as may be required and will in the meantime (unless prevented as aforesaid keep the same Deed safe whole uncancelled & undefaced

In Witness etc

Notes on People Mentioned

Joseph Pollard

1881 census:  Joseph Pollard was a 55 year old farmer, at Highdown, Pirton, near Hitchin, born at Ware, employing 18 men and 7 boys

William Ransom

1881 census:  William Ransom was a 55 year old master chemist, at Fairfield, Hitchin, born at Hitchin, employing 14 men and 3 boys

James Bullen

1871 census:  James Bullen was a 40 year old famer at North Hall, Cambridge Rd, Little Chishall, born Walkern, employing 20 men and 11 boys

1881 Census:  James Bullen was a 50 year old farmer, born at Walkern, staying at Brewery House, Walkern with his widowed sister Emma Wright, and employing 35 men & Boys  - see brewery book

Samuel Porter

1881 census:  Samuel Porter was a 45 year old farmer, at Village Street, Walkern, born at Bennington, employing 9 men and 4 boys

Joseph Lucas

1801 familysearch: Joseph Lucas born 8 Sept, the son of Joseph & Hannah Lucas, of Baldock (birth recorded at Hitchin).

1861 census: Joseph Lucas (59, Landed Proprietor, born Hitchin) with daughter Mary J Lucas (21, born Hitchin) and son Joseph J Lucas (20, born Hitchin) living at Cabfield House, Ashbrook, Ippollitts

1866 Directory: Joseph, William & Samuel Lucas brewers & maltsters, Sun Street, Hitchin

1871 census: Joseph Lucas (69, Landowner, born Hitchin) with wife Deborah (62) and various children at ?? House, Ippollitts

FreeBMD: Joseph Lucas's death registered at  Hitchin, April-June 1877, aged 75

Charles Archibald Bartlett

1871 census: Charles Archibald Bartlett was a 54 year old wholesale & export bookseller, at Hillside, Hitchin, born London,

Joseph John Lucas

FreeBMB: Joseph John Lucas's birth registered at Hitchin July-Sept 1840

1841 census: Son of Joseph Lucas, brewer of Sun Street, Hitchin & Deborah

1861 census: with father Joseph Lucas at Ippollitts.

1881 census: Joseph J Lucas was a 41 year old cigar merchant, born Hitchin, living at Kingston, Surrey

George Jackson

1881 census: George Jackson was a 60 year old auctioneer & appraiser living in Bancroft, Hitchin

Joseph Fairman

No obvious candidate spotted

Thomas Docwra

1878 Directory: Mrs Emma Docwra, publican, Kings Head, Priory Street, Ware

Thomas Ellis

No obvious candidate spotted

Reuben Izzard

Only "candidate" has no Herts connections

[publican left blank]

Possible identity

1882 Trade Directory: George White, Kings Head, Queen Street, Hitchin

1882 Trade Directory: George White, Kings Head, Railway Street, Hitchin

1st part Deed of Partition

Elizabeth Lucas

1851 census: William Lucas (46, born Hitchin, brewer & maltster) and wife Elizabeth (50, born London) with sons Arthur Lucas (14), Theodore (12), Clement (10),

1871 census: Elizabeth Lucas (70, widow, born London), son Henry Lucas (37, born Hitchin, merchant) and daughters Alice Mary (27) and Elizabeth (24) living at Wratten, Tilehouse St, Hitchin.

Francis Lucas

1816 familysearch: Francis Lucas, son of William and Ann Lucas was born 1 April, at Hitchin

1871 census: Francis Lucas (55, born Hitchin) was a banker in Tilehouse St, Hitchin

Henry Lucas

1833 familysearch: Henry Lucas, son of William Lucas junior & Elizabeth born 28 July in Hitchin.

1871 census: Henry Lucas (37, born Hitchin) was a merchant living with his mother Elizabeth Lucas at Wratten, Tilehouse Street, Hitchin.

John Clay Lucas

1835 familysearch: John Clay Lucas, son of William Lucas junior & Elizabeth born 8 April in Hitchin.

1871 Census: John Clay Lucas (35, born Hitchin) was a coal merchant (partnership with C R King?) employing 80 men) lodging in Lewes, Sussex

2nd part Deed of Partition

This Joseph Lucas is almost certainly the Joseph Lucas that died in 1877

3rd part Deed of Partition

Francis Lucas

Samuel Lucas

1805 familysearch: Samuel Lucas, son of William and Ann Lucas was born 21 August, at Hitchin

1851 census:  Samuel Lucas (11) at boarding school run by Benjamin Abbott in Tilehouse Street, Hitchin.

1861 census: Samuel Lucas (55, born Hitchin) was a brewer & farmer employing 12 men and 8 boys He was widowed and living in Tilehouse St, with sons Samuel (21) & Ralph (18) - both clerks in Greek merchant office, and two daughters.

1866 Directory: Joseph, William & Samuel Lucas brewers & maltsters, Sun Street, Hitchin

1870 FreeBMD: Samuel Lucas (64) death registered at Hitchin (Jan-March)

1871 census:  Samuel Lucas (31, born Hitchin) Brewer, Maltster & Farmer, with family in Tilehouse Street, Hitchin

Wm Beck

Identity uncertain

Arthur Lucas

1851 census:  Arthur (14, born Hitchin) was the son of William Lucas (46, born Hitchin, Brewer & Malster) and Elizabeth (50, born London) living in "Tyler Street", Hitchin.

1871 census: Arthur Lucas (34, born Hitchin) was a solicitor living with his family in Coniscliffe Road, Green Park, St Cuthbert, Darlington, County Durham.

4th Part Deed of Partition

William Lucas

1804 familysearch: William Lucas, son of William & Ann Lucas, born at Hitchin on 4 June.

1851 census: William Lucas (46, born Hitchin, Brewer & Maltster), wife Elizabeth and family at Tyler Street, Hitchin.

1866 Directory: Joseph, William & Samuel Lucas brewers & maltsters, Sun Street, Hitchin

1874 FreeBMD: William Lucas (70) death registered at Hitchin January-March

The simple story is that Joseph Lucas died in 1877 and his two surviving executors Joseph Pollard and William Ransom put the Kings Head public house up for sale in 1879, when it was brought for £900 by James Bullen and Samuel Porter. However there were many complications.

 

The Lucas family of Hitchin were Quakers who started a brewery in 1709 and the history of the brewery is described in Brewers in Hertfordshire. The business expanded and they owned the King's Head, at Ware, in 1834. 

 

The relevant early genealogy is that William and Sarah Lucas of Baldock & Hitchin had sons William (1768-1845) who kept a detailed diary and is described in Hitchin Worthies, and Joseph (1771-1831), who managed the family business. William had three sons William (1804-1874), Samuel (1805-1870) who was an artist described in Hitchin Worthies - see also Samuel Lucas, and Francis (1816-1896) who is also described in Hitchin Worthies. Joseph (1801-1877) was the son of Joseph (1771-1831)

 

In 1866 Joseph, Samuel and William Lucas were brewers and maltsters based in Sun Street, Hitchin. The above conveyance reveals that in 1869 the now elderly brothers drew up a Deed of Partition which apparently divided the family property up, and most relevantly the Kings Head, Ware came to Joseph. This mentions other members of the family, and clearly the Deed would be a most interesting document if it still survives. [There are very many documents relating to the family listed on A2A including the proposed sale by Joseph Lucas of the Three Horseshoes at Nup End, in 1876.]

 

Joseph made his will in April 1874 (which undoubtedly contains much more of interest) and appointed as executors Joseph Pollard, Charles Archibald Bartlett (who died in ) and William Ransom (biography in Hitchin Worthies). Joseph died on 14th June 1877 and his executors were granted probate on 10th July 1877, the estate apparently including the Kings Head at Ware.

 

However things didn't run smoothly and Joseph's son, Joseph John Lucas contested the issue and on 24th November the Chancery Division of the High Court of Justice

ordered that any property that needed to be sold should be sold with the approval of the High Court and paid into a special account.

 

As a result the London Gazette of 29th July, 1879 reported:

TO be sold, pursuant to a Judgment of the High Court of Justice, Chancery Division, made in an action of re Lucas, deceased, Lucas v. Pollard, 1877, L., 182, with the approbation of the Master of the Rolls, the Judge to whose Court the said action is attached, by Mr. George Jackson, the person appointed by the said Judge, at the Sun Hotel, Hitchin, in the county of Hertford, on Tuesday, the 19th day of August, 1879, at five o'clock in the afternoon precisely, in five lots, the following freehold properties, situate at Hitchin aforesaid, viz. :— '

Lot 1. A brick-built dwelling-house, with enclosed garden, stabling, &c., situate near the centre of the town, with frontage to West-lane, and also to Post Office-alley, in the occupation of Francis Shillitoe, Esq., Solicitor, at a rental of £52 10 per annum.

Lot 2. Seven brick-built and slated cottages, let at rentals amounting to £52 0s. 8d. per annum, landlord paying rates and taxes.

Lots 3 and 4. Freehold enclosures of arable or garden land (as staked out), called the Five Acres, and containing together 5A. 1R. 38P., situate at the junction of the road leading from the town of Hitchin and the Railway Station to Stevenage, in the occupation of Mr. Chamberlain.

Lot 5. Two newly erected brick and slated cottages, with large piece of garden ground, situate with a frontage to the road leading from Hitchin to Great Wymondley, let at weekly rentals amounting to £13 per annum, landlord paying rates and taxes.

May be viewed by permission of the respective tenants, and particulars and conditions may be had (gratis) of the following Solicitors:—Messrs. Hawkins and Lindsell, Hitchin; Messrs. Janson, Cobb, and Pearson, 41, Finsbury-circus, E.C.; Mr. H. Montagu, 5 and 6, Bucklersbury, E.C.; Messrs. Lane and Andrews, 32, Essex-street, Strand 5 Mr. S. S. Seal, 16, Serjeants'-inn, Temple; and of Mr. George Jackson, Auctioneer and Appraiser, Hitchin, Baldock, and Royston, Herts.

 

TO be sold pursuant to a Judgment of the High Court of Justice, Chancery Division, made in an action of re Lucas, deceased, Lucas v. Pollard, 1877, L., 182, with the approbation of the Master of the Rolls, the Judge to whose Court the said action is attached, by Mr. George Jackson, the person appointed by the said Judge, at the Corn Exchange, Hertford, on Saturday, the 16th day of August, 1879, at four o'clock in the afternoon precisely, in one lot:—

The old licensed freehold public-house, called the King's Head, situate in the market town of Ware, with a frontage to Mill-lane, otherwise Priory-street, comprising dwelling-house, enclosed yard at the back, with stabling for 14 horses, and skittle alley, now let at £40 per annum, but the present tenancy expires at Michaelmas next.

May be viewed by permission of the tenant, and particulars with conditions may be had (gratis) of the following Solicitors :—Messrs. Hawkins and Lindsell, Hitchin ; Messrs. Janson, Cobb, and Pearson, 41, Finsbury-circus, E.C.; Mr. H. Montagu, 5 and 6, Bucklersbury, E.C.; Messrs. Lane and Andrews, 32, Essex-street, Strand; Mr. S. S. Seal, 15, Serjeants'-inn, Temple; and of Mr. George
Jackson, Auctioneer and Appraiser, Hitchin, Baldock, and
and Royston, Herts.

This shows that, as I suspected, the Kings Head property was not the only one being sold. So the auction was held on 19th August and the Kings Head was brought by James Bullen, farmer of Little Chishill, Essex, and Samuel Porter the younger of Walkern for £900. In fact James Bullen was executor of Samuel Wright, brewer of Walkern, who died in 1875, and he managed the brewery (was Samuel Porter the other executor?) until Samuel's sons were old enough to take control of the business (Brewers in Hertfortshire). Because of the legal complications there is a further final paragraph to the conveyance relating to the Deed of 1869.

 

There was an interesting follow up in the London Gazette of 19th June 1883 which reported on the sale of a long list of public houses:

TO be sold, pursuant to an Order of the High Court of Justice, Chancery Division, made in an action of re Lucas, deceased, Lucas v. Pollard, 1S77, L., 182. with the approbation of Mr. Justice Chitty, the Judge to whose Court the said action is attached, by Mr. George Jackson, the person appointed by .the said Judge, at the Sun Hotel, Hitchin, in the county of Hertford, on Tuesday, the 10th day of July, 1883, at four o'clock in the afternoon precisely, and at the George Hotel, Luton, in the county of Bedford, on Monday, the 16th day of July, 1883, at five o'clock in the afternoon precisely, nineteen old licensed public-houses, two beer-houses, private dwelling-house, business premises, several cottages, and about 28 acres of pasture and arable land, let on lease which will expire at Michaelmas next, at a rental of £845 10. per annum. The property will be sold in thirty-three lots, and .the public-houses and beer-houses are called or know as :—

The Rose and Crown, with pasture land, at Aston, near Stevenage, Herts.
The Tilbury, with garden and paddock, at Datchworth, Herts.
The Horns, with pasture land, at Bull's Green, Datchworth, Herts.
The Bull's Head, at Tilehouse-street, Hitchin, Herts.

The King's Arms, with shop and business premises, at Bucklersbury Hitchin, Herts.
The Two Brewers, at Back-street, Hitchin, Herts.
The Adam and Eve, at Silver-street, Hitchin, Herts.
The Crown, with cottages and building land, at Kingswalden, near Hitchin, Herts.
The Five Belle, with land, at Meppershall, Beds.
The Three Horse Shoes, with land, at Nup End, Codicote, Herts.
The Red Sign Post, with land, at Shillington, Beds.
The Five Bells, at Church End, Shillington, Beds.
The New Inn or Dirt House, with land, in the Bedford road, near Hitchin, Herts.
The Old White Swan, with land, at Shefford, Beds.
The George, with land, at Shefford, Beds.
The Chequers, and dwelling-house adjoining, at Welwyn, Herts,
The Chequers, at Woolmer Green, Herts.
A beer-house, with orchard and garden, at Paul's Walden, Herts.
A beer-house, with cottage and land, at Corey's Mill, between Hitchin and Stevenage, Herts.
The Horse and Jockey, and cottage, business premises, and garden adjoining, in Manchester street, Luton.
The Black Swan, at Limbury, with garden, paddock, and piece of arable land.

Particulars and conditions of Bale may be bad (gratis) of the following Solicitors: Messrs. Hawkins, Lindeell, and Times, Hitchin, Herts; and, in London, of Messrs. Janson, Cobb, and Pearson, 41, Finsbury-circus, E.C.; H. Montagu, Esq., 5 and 6, Bucklersbury, E.C.; Messrs. Lane and Andrews, 32, Essex-street, Strand, W.C.; and S. S. Seal, Esq., 15, Serjeants'-inn, Temple, E.C.; also at the Masons Hall Tavern, Masons-avenue, E.C.; and of Mr. George Jackson, Auctioneer and Appraiser, Hitchin, Baldock, and Royston, Herts.

Clearly it would be interesting to find out what happened in the court case, and there are many other leads to be explored - but a study of this "rather boring" document has provided at lot of interesting information already.