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THIS
INDENTURE made the 31st day of December in the year of
Our Lord 1855 BETWEEN EDMUND GILBERT HAMLEY of Bodmin in
the County of Cornwall Gentleman of the one part and
MARY ANN PHILLPPS of Bodmin aforesaid Spinster of the
other part WHEREAS Joseph Hamley late of Bodmin
aforesaid Surgeon deceased by his last will dated the
17th day of December 1853 bequeathed and annuity of £20
to the said Mary Ann Phillipps payable to her during her
life and charged on all his real estate and personal
estate which so charged as aforesaid he devised and
bequeathed unto his three sons Francis Gilbert Hamley
the said Edmund Gilbert Hamley and Joseph Osbertus
Hamley and their respective heirs executors
administrators and assigns as tenants in common whom he
also appointed executors of his said will AND WHEREAS
the said testator died on or about the 21st day of
January 1854 without having altered or revoked his said
will which was duly proved by the said Francis Gilbert
Hamley and Edmund Gilbert Hamley and in the Archdeaconry
Court of Cornwall on the 4th day of July 1854 AND
WHEREAS the said Francis Gilbert Hamley Edmund Gilbert
Hamley and Joseph Osbertus Hamley having sold the whole
or a great portion of the said real estate of the said
Joseph Hamley deceased so devised to them and charged
with the said annuity as aforesaid and being desirous to
convey the same to the respective purchasers thereof
free from all incumbrances the said Mary Ann Phillipps
at the request of the said Francis Gilbert Hamley Edmund
Gilbert Hamley and Joseph Osbertus Hamley concurred in
the Conveyance to the several purchasers of the said
premises for the purpose of releasing the same from her
said annuity of £20 so charged thereon as aforesaid in
consideration whereof the said Edmund Gilbert Hamley
hath agreed to (?) her a singular Annuity of £20 issuing
out of and charged upon the hereditaments and premises
hereafter described and of which the said Edmund Gilbert
Hamley (??) seized to him and his heirs as and for an
absolute estate in fee simple such annuity to be payable
to her during the term of natural life by four equal
quarterly payments in manner hereinafter mentioned NOW
THIS INDENTURE WITNESSETH that for the consideration
aforesaid and her natural life by four equal quarterly
payments paid by the said Mary Ann Phillipps to the said
Edmund Gilbert Hamley on the execution hereof the
receipt whereof is hereby acknowledged also in
consideration of the sum of 5/- paid by the said Mary
Ann Phillipps to the said Edmund Gilbert Hamley on the
execution hereof the receipt whereof is hereby
acknowledged HE the said Edmund Gilbert Hamley DOTH by
these presents grant bargain sell and confirm unto the
said Mary Ann Phillipps One Annuity on yearly rent
charge of £20 sterling to be issuing and payable out of
and charged upon AND that messuage or dwelling house
outhouses backlet garden plot or close of land thereunto
adjoining situate lying or being in the Borough of
Bodmin in a certain street there called Fore Street and
formerly the lands of Elizabeth the wife of John Pomeroy
deceased and Catherine Pennington and late of the said
Joseph Hamley deceased and occupied by him and now in
the possession and occupation of the said Edmund Gilbert
Hamley TO HAVE hold receive and take the said Annuity or
yearly rent charge of £20 unto the said Mary Ann
Phillipps and her assigns during the term of her natural
life free from all deductions (except any tax in respect
of property or income) by equal quarterly payments on
the 24th day of June the 29th day of September the 25th
day of December and the 25th day of March the first
quarterly payment thereof to be made on the 24th day of
June next AND the said Edmund Gilbert Hamley doth by
these presents grant unto the said Mary Ann Phillipps
and her assigns that in case any quarterly payment of
the said Annuity hereby granted shall at any time be in
arrear for the space of 14 days next after any of the
days whereon the same ought to be paid aforesaid Then
and in such case and so often as the same shall happen
it shall be lawful for the said Mary Ann Phillipps or
her assigns into and upon all and singular the said
hereditaments and premises hereinbefore mentioned and
described and so charged with the said annuity of £20
and all arrears thereof with the costs incurred in
keeping such distress or distresses shall be fully paid
and satisfied and in default thereof or of any part
thereof respecting in due time after such distress and
distresses be so taken to sell and dispose of the same
or otherwise to act therein according to due form of law
in like manner as in cases of distress taken for
non-payment of rent upon common leases to the intent
that thereby and therewith the said Mary Ann Phillipps
and her assigns may be fully paid and satisfied the said
Annuity of £20 and costs and expenses attending the
non-payment and recovery of the same AND the said Edmund
Gilbert Hamley doth hereby also grant unto the said Mary
Ann Phillips and her assigns that in case any quarterly
payment of the said Annuity of £20 shall at any time be
in arrear for the space of 21 days next after any of the
said days whereon the same ought to be paid as aforesaid
shall be lawful for the said Mary Ann Phillipps or her
assigns unto and upon all and singular the said
hereditaments and premises so charged with the said
Annuity as aforesaid on and upon any part thereof in the
name of the whole to enter and the same with the
appurtenances to hold and enjoy and the rents issues and
profits thereof to receive and take to and for her and
their own use and benefit until she or they shall
thereby or therewith or by any other ways or means be
fully paid and satisfied and the said Annuity of £20 and
all arrears of the same shall grow due during the time
that he or they shall thereby or therewith or by any
other ways or means be fully paid and satisfied the said
Annuity of £20 with such costs as shall be incurred by
the now present or recovery of the same such possession
when taken to be without impeachment of waste AND the
said Edmund Gilbert Hamley doth hereby for himself his
heirs executors and administrators covenant with the
said Mary Ann Phillips and her assigns that he the said
Edmund Gilbert Hamley his heirs executors and
administrators will from time to time pay unto the said
Mary Ann Phillips or her assigns the said Annuity of £20
free from all deductions (except any Tax on Property or
Income) at the days and times hereinbefore appointed for
payment thereof according and enforcing payment of the
same unto the said Mary Ann Phillipps and her assigns in
manner aforesaid And further that the said Annuity shall
be held received taken and enjoyed accordingly without
let suit denial and disturbance of in or by the said
Edmund Gilbert Hamley and all persons rightfully
claiming any estate or interest in the said
hereditaments and premises so charged with the said
Annuity hereby granted under or in trust for him will
from time to time and at all times hereafter at the
request and costs of the said Mary Ann Phillips and her
assigns enter into execute and perfect all such further
assurances for the more perfectly satisfactory assuring
and confirming the said Annuity hereby granted unto the
said Mary Ann Phillips and her assigns during the said
Mary Ann Phillips or her assigns or her or their Councel
in the law shall require and as shall be ? to be done
and executed IN WITNESS whereof the parties aforesaid to
these presents (being first duly stamped) their hands
and seals have set the day and year first before written
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |