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THIS INDENTURE made the 28th day
of June in the year of Our Lord 1827 BETWEEN THOMAS
COMMINS of the Borough of Bodmin in the County of
Cornwall Gentleman of the first part HENRY TREMENHEERE
COMMINS of the Borough of Saint Dunstan Stepney in the
County of Gentleman of the second party and THOMAS WEST
of the said Borough of Bodmin Surgeon and CATHERINE his
wife of the third part WHEREAS by a certain Indenture of
Mortgage bearing date 4th day of June in the year 1816
made between the said Thomas Commins of the one part and
the said Catherine West then Catherine Hocken of the
other part ALL that messuage or dwelling house and
backside there unto belonging situate in Bore Street in
the said Borough of Bodmin then in the occupation of
William Stephens were (with other hereditaments) granted
and demised by the said Thomas Commins unto the said
Catherine Hocken her executors administrators and
assigns for the term of 500 years AND ALSO all that
messuage or dwelling house with the courtlages thereunto
belonging situate lying and being in the said Street
called Bore Street in Bodmin aforesaid then formerly in
the possession of Benjamin Treffry afterwards of George
Pike and then of Richard Marshall were granted and
assigned by the said Thomas Commins unto the said
Catherine Hocken her executors administrators and
assigns for the residue of a certain term of 99 years
therein then determinable on the several premises on
payment by the said Thomas Commins his heirs executors
or administrators unto the said Catherine Hocken her
executors administrators or assigns of the sum of £500
with interest for the same after the rate at the time
and in the manner therein mentioned AND WHEREAS the said
Catherine Hocken hath since married with the said Thomas
West AND WHEREAS by an Indenture of Lease bearing date
the 9th day of June in the year 1821 made between the
Mayor and Burgess of the said Borough of Bodmin of one
part and the said Henry Tremenheere Commins of the other
part, the said Mayor and Burgess with their mutual
assent and agreement and in consideration of the sum of
£20 Did demise lease set and let unto the said Henry
Tremenheere Commins his executors administrators and
assigns ALL that dwelling house with a garden plot
behind the same also situate and lying in Bore Street in
the said Borough of Bodmin then in the several
occupations of John Marshall and James Runnalls (except
as therein excepted) TO HOLD the same with appurtenances
unto the said Henry Tremenheere Commins his executors
administrators and assigns for the term of 99 years if
the said Lydia Ann Commins should so long happen to
live, the said term to commence and begin upon and
immediately after the deaths of Mary Hocken since
deceased and Lydia Commins wife of the said Thomas
Commins subject to the rent and to the observance of the
Covenants conditions and agreements in the said
Indenture of Lease expressed and contained AND WHEREAS
the said sum of £20 her inbefore mentioned as the
consideration for the said before in part recited
Indenture of Lease was the proper money of the said
Thomas Commins and the name of him the said Henry
Tremenheere Commins was made use of in the same
Indenture in trust only for him the said Thomas Commins
which he the said Henry Tremenheere Commins doth hereby
confess admit and acknowledge AND WHEREAS the said sum
of £500 still remain due and owing on the said in part
recited security and for the better securing the
repayment thereof with the interest due and to grow due
thereon the said Thomas Commins hath requested the said
Henry Tremenheere Commins to assign the said last
mentioned dwelling house garden plot and premises in
manner hereinafter mentioned which he the said Henry
Tremenheere hath consented and agreed to do and the said
hereinafter expressed NOW THIS INDENTURE WITNESSETH that
in consideration of the sum of 10/- a piece of lawful
money of Great Britain to the said Thomas Commins and
Henry Tremenheere Commins in hand paid by the said
Thomas Commins testified by his being a party to and
executing these presents DOTH bargain sell assign and
set over and the said Thomas Commins DOTH grant bargain
assign sell set over ratify and confirm unto the said
Thomas West and Catherine his wife their executors
administrators and assigns ALL that the said last
mentioned dwelling house with the garden plot behind the
same mentioned and comprised in the part recited
Indenture of Lease with the rights members and
appurtenances to the same belonging AND all the estate
right title interest use trust property benefit claim
and demand whatsoever of them the said Henry Tremenheere
Commins and Thomas Commins or either of them of into or
out of the said premises or any part thereof Together
with the said Indenture of Lease thereof TO HAVE AND TO
HOLD the said dwelling house garden plot and premise
hereby assigned or intended so to be with the
appurtenances unto the said Thomas West and Catherine
his wife their executors administrators and assigns for
and during the said term of 99 years to commence and
determinable as aforesaid BUT UPON the trusts
hereinafter mentioned AND THIS INDENTURE ALSO WITNESSETH
that also for the considerations aforesaid the said
Thomas Commins DOTH hereby assign transfer over and quit
claim unto the said Thomas West and Catherine his wife
ALL and singular the said messuages as aforesaid or
mentioned and intended to be and the Equity and Right of
Redemption property title interest claim and demand
whatsoever of him the said Thomas Commins of in or to
the same TO HAVE AND TO HOLD the same to the said Thomas
West and Catherine his wife their executors
administrators and assigns for and during the said
several terms of 500 years and 99 years determinable as
aforesaid now to come and expired therein respectively
But nevertheless upon the trust hereinafter mentioned
AND it is hereby declared and agreed by and between the
parties hereto that all and every the said several
premises hereby assigned or otherwise assured or
expressed and intended so to be are assigned and
conveyed upon and for the trusts following that is to
say UPON TRUST that they the said Thomas West and
Catherine his wife their executors administrators or
assigns do and shall at any time or times hereafter with
or without the consent or concurrence of the said Thomas
Commins his executors administrators or assigns (but
without prejudice to the covenant of the said Thomas
West hereinafter contained) make sale and absolutely
dispose all or any part or parts of the said messuage
dwelling house backside courtlages garden plot and
premises hereby assigned or intended so to be with their
several and respective appurtenances for the several and
each respective terms therein mentioned either by public
auction by private contract and generally in such manner
as they the said Thomas West and Catherine his their
executors administrators or assigns shall think fit and
do and shall assign and assure the said premises when
sold and to the use of purchasers or thereof his her or
their executors administrators or assigns or to such
uses or to such manner as he or she or they shall direct
and do and shall by and out of the rents and profits of
the said premises in the mean time and until such sale
or Sale as aforesaid and also from and out of the monies
which shall arise by such Sale or Sales deduct certain
and reimburse themselves the costs and expenses of and
attending such Sale or Sales and the money (if any)
which they shall lay out or expend in or about the
execution of the trusts herein declared and in the next
place do and shall pay and satisfy or retain thereout to
themselves their executors administrators or assigns the
said sum of £500 and the interest thereof or so much or
such parts thereof as shall be then due and unpaid and
the residue or surplus (if any) of the money that shall
remain in their hands And also convey and assigns or
otherwise assure during the then residue of the said
Terms therein respectively all such or such parts of the
said premises as shall remain undisposed of after all
the purposes aforesaid shall be fully answered and
satisfied unto the said Thomas Commins his executors
administrators or assigns PROVIDED ALWAYS it is hereby
declared and agreed by and between the said parties
hereto and particularly the aid Thomas Commins for
himself his heirs executors administrators and assigns
doth hereby declare and agree that every receipt which
shall be given by the said Thomas West and Catherine his
wife their executors administrators or assigns for any
purchase money or other monies by them or any of them
received under the trusts or powers aforesaid shall be a
good and effectual discharge to the person or persons
paying the same for so much money as shall be therein
expressed to be received without his her or their being
obliged to see to the application thereof or bring
answerable or accountable for any misapplication thereof
or any part thereof And that every Sale Contract for
Sale assigning and assurance which shall be made by the
said Thomas West and Catherine his wife their executors
administrators or assigns shall be binding and
conclusive on the said Thomas Commins his heirs
executors and administrators although he or they shall
not execute the same or join therein or assent thereto
or shall dissent there from AND the said Thomas West
doth hereby for himself and for the said Catherine his
wife his and her executors administrators and assigns
covenant and agree with the said Thomas Commins his
executors administrators and assigns that no sale or
sales or notice of sale or sales of the respective
premises or any part thereof shall be made or given to
the said Thomas Commins his executors administrators or
assigns or left at his or their most usual place of
residence in England or affixed to some conspicuous part
of the same premises 6 calendar months notice in writing
demanding payment of the money which at the end of that
time shall be due to the said Thomas West and Catherine
his wife their executors administrators or assigns upon
the before in part recited security and the said Thomas
Commins his executors administrators or assigns shall
have made default in payment of the same money at the
end of the said 6 calendar months to be computed from
the delivery or service of such notice AND the said
Henry Tremenheere Commins doth hereby for himself his
heirs executors administrators covenant and declare with
and to the said Thomas West and Catherine his wife their
executors administrators and assigns that he the said
Henry Tremenheere Commins hath not at any time
heretofore made done or committed or willingly suffered
any act deed matter or thing whatsoever whereby the
premises hereby by him assigned are is can shall or may
be impeached charged or incumbered in estate title
charge or otherwise howsoever IN WITNESS whereof the
said parties to these presents have hereunto set their
hands and seals the day and year first above written
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |