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INDENTURE, 11 December 1873
 
Punctuation added by transcriber; * indicates the start of a new line
 
Pg. 1
 
THIS INDENTURE made the Eleventh day of December one thousand eight hundred and seventy three, BETWEEN the REVEREND JOHN * MICHELL CLARKE of Forest Hill, Sydenham, in the County of Kent, Clerk, THOMAS TAUNTON CLARKE of the Borough of Bodmin, in * the County of Cornwall, druggist, WILLIAM MICHELL CLARKE of 2 York Buildings, Clifton, in the City and County of Bristol, Surgeon, BENNETT * MICHELL CLARKE, of 48 Rye Hill Park, Pickham, in the County of Surrey, Stock Broker, JAMES ELSON CLARKE, of Sukabagh Munde in the Punjab, India, tea planter, and HENRY HOOPER CLARKE of Moollan in the Punjab, India, Assistant Inspector of Schools, of the one * or first part, and The REVEREND WILLIAM PHILIP MICHELL of Carhampton in the Parish of Dunster in the County of Somerset, Clerk, of * the other or second part –
 
WHEREAS BENNETT MICHELL, late of the Borough of Bodmin . aforesaid, Gentleman, duly made and executed his will dated the twenty sixth day of January, one * thousand eight hundred and thirty eight and thereby after after giving his Granddaughter MARY ANN BARON certain legacies which do not affect the hereditaments described or mentioned in the * first and second schedules hereto and providing that she should be at liberty to take in lieu of such legacies her share of all his property which would be one seventh part thereof * for herself, her husband, or children, but if she died leaving no husband or children then the same to come to his, the testators, next of kin. in equal shares and such portions during all his interest therein gave all his lands and other Property unto his sons Bennett Michell and William Michell, their heirs and assigns, for ever or for and during all, his Interest therein for in trust* to pay his just debts, funeral and testamentary charges, and then to retain to their use in equal shares such portions of his said Property as should amount to double the share to each* of his daughters and the said Mary Ann Brown and to hold the remainder In trust for the sole and separate use of his daughters Elizabeth Olson and Catherine Clarke in equal * shares or Grants in Common for their own sole and separate use of their husbands and, after their deaths, to and for the use of their children, their * heirs and assigns for ever, with power for his said daughters to dispose of the same to their children as they might think best – And if the said Mary Ann Brown should prefer * taking her seventh of all his Property then in Trust as to that share for the use of the said Mary Ann Brown. her husband, and children, as therein above mentioned and the *Testator appointed his said sons Executors and residuary legatees of that his Will.
 
AND WHEREAS the said Bennett Michell died on or about the Twenty second day * of February one thousand eight hundred and thirty eight seized or entitled of or to the hereditaments described or mentioned in the first schedule hereto for an Estate * in fee simple and entitled to the hereditaments described or mentioned in the Second schedule hereto for their residue of a term of ninety nine years granted * therein and in other hereditaments by an Indenture or lease dated the Twenty third day of September one thousand eight hundred and eleven and made between the *Mayor and Burgessess of the Borough of Bodmin of the one part and CHARLES COODE of the other part, and determinable on the death of the survivor of three lives and * the said Will of the said Testator Bennett Michell was on the Seventh day of May following his death proved in the Prerogative Court of Canterbury by the said Bennett * Michell the Son and William Michell.
 
AND WHEREAS the said Mary Ann Brown upon the death of the said Testator elected to take the legacies given to her by the * said Will as aforesaid
 
AND WHEREAS the said Catherine Clarke by a Deed Poll under her hand and seal dated the second day of February, one thousand eight * hundred and forty eight in exercise of the power given to her by the said Will of her father, the said Bennett Michell, the Testator, granted, appointed, directed, and * disposed of unto her four Daughters Elizabeth Ann Clarke, Charlotte Clarke, Catherine Mary Clarke, and Milicent Michell Clarke, their heirs and assigns, All and singular, the messuages * lands, Rent Charges, hereditaments, and parts or shares of Messuages , lands, and hereditaments and other the premises devised by the Will of the said Bennett Michell the father, and of m* to or over which the said Catherine Clarke was seised possessed or had any power of appointment or disposition under the said Will of the said Bennett Michell the father, and or howsoever * To Hold the same unto and to the use of the said Elizabeth Ann Clarke, Charlotte Clarke, Catherine Mary Clarke, and Millicent Michell Clarke, their heirs and assigns in equal shares *and proportions as tenants in Common, and not as joint tenants, and by the Deed in actual, the said Catherine Clarke in further exercise of the said power assigned, appointed * directed and disposed of unto the said Elizabeth Ann Clarke, Charlotte Clarke, Catherine Mary Clarke, and Millicent Michell Clarke All and several the leasehold Estates, Monies, securities * for money and other personal Estate and parts or shares thereof, and all and singular effect? the premises bequeathed by the Will of the said Bennett Michell, the father, not theirinbefore * granted and appointed and of in to or over which the said Catherine Clarke was possessed or entitled or had any power of appointment or disposition under the Will of the said * Bennett Michell, the father, or otherwise howsoever to hold the same unto the said Elizabeth Ann Clarke, Charlotte Clarke, Catherine Mary Clarke, and Millicent Michell Clarke, their * Executors, Administrators, and Assigns, in equal shares and proportions as tenants in Common and not as joint tenants, that by the Deed in actual it was provided that the grant * assignment and appointment thereby made should not operate enure or take effect in possession during the lifetime of the said Catherine Clarke, and that the same might be revoked * at any time by the said Catherine Clarke during her life by deed under her hand and seal
AND WHEREAS the said Catherine Clarke died on or about the twenty eighth day of May, one* thousand eight hundred and forty eight without having revoked or altered the appointment expressed to be made by the hereinbefore recited deedpoll AND WHEREAS by an Indenture* dated the Twenty sixth day of March one thousand eight hundred and sixty, and made between the said Elizabeth Ann Clarke, Charlotte Clarke, Catherine Mary Clarke, and Milicent Michell * Clarke, (herein and hereinafter called Millicent Clarke) of the one part and the said William Philip Michell of the other part, in consideration of the sum of one thousand and * forty eight pounds and ten shillings to the said Elizabeth Ann Clarke, Charlotte Clarke, Catherine Mary Clarke, and Millicent Clarke, paid by the said William Philip Michell * the said Elizabeth Ann Clarke, Charlotte Clarke, Catherine Mary Clarke, and Millicent Clarke, granted unto the said William Philip Michell and his heirs All these four * undivided parts or shares of them, the said Elizabeth Ann Clarke, Charlotte Clarke, Catherine Mary Clarke, and Millicent Clarke, of and in the sixth undivided part or *share of the said Catherine Clarke, their deceased Mother, of and in the several Messuages, lands, and rent Charges Tenements and hereditaments of the said Bennett Michell, the * father and more particularly described and set forth in the First Schedule thereunder written , a copy of which is contained in the first schedule here, to hold the same unto * and to the use of the said William Philip Michell , his heirs and assigns, and by the Indenture in recital the said Elizabeth Ann Clarke, Charlotte Clarke, Catherine Mary Clarke, * and Millicent Clarke assigned unto the said William Philip Michell, his Executors, Administrators, and Assigns, All their respective fourth parts or shares and interest of * and in the sixth part or share of the said Catherine Clarke their deceased mother of and in all those parts of the fields or closes of land, tenements, hereditaments and * premises comprised in and demised by the said Indenture of Lease of the Twenty third day of September one thousand eight hundred and eleven with their rights, numbers, and * appurtenances whereof the said Bennett Michell , the father, was possessed at the time of his decease, more particularly described in the second schedule thereunder written and all * other the Leasehold premises mentioned in the same schedule, a copy of which is contained in the second schedule hereto to hold the same unto the said William Philip * Michell, his Executors administrators, and assigns, for all the residue of the terms whereon the same were then held respectively under and subject to the Covenants and Conditions * in the said Indenture of Lease contained and thereafter on the part of the Lessee, his Executors, Administrators and Assigns, to be observed and performed
AND WHEREAS there * were ten children only of the said Catherine Clarke living at the date of the hereinbefore recited Deed Poll namely the said John Michell Clarke, Thomas Taunton Clarke, William * Michell Clarke, Bennett Michell Clarke, James Elsen Clarke, and Henry Hooper Clarke, parties hereto of the first part and the said Elizabeth Ann Clarke, Charlotte Clarke, Catherine Mary Clarke, and Millicent Clarke
 
Pg. 2
 
*AND there was not any Child of the said Catherine Clarke born after the death of the said Deed Poll
AND WHEREAS it is apprehended that the power given to the said Catherine * Clarke by the said Will of the said Bennett Michell the father did not authorize an appointment to or favor of some only of the children of the said Catherine Clarke of all * the property subject to such power And that the appointment expressed and intended to be made by the hereinbefore recited Deed Poll may have been invalid and that one undivided *sixth part or share of and in the lands and other property by the said Will of the said Bennett Michell the father, given to his said sons Bennett Michell and William Michell in trust as aforesaid be of and in some * part or parts thereof may have become vested upon the death of the said Catherine Clarke in all the children of the said Catherine Clarke as joint tenants or otherwise and that the [persons] parties hereto of the * first part may claim to be now siesed or absolutely intitled as joint tenants or otherwise of or to six equal tenth parts or shares or three equal fifth parts or shares of and in the one sixth part or shares * and premises in the same Indenture or Schedule hereto described or mentioned AND WHEREAS the several persons parties hereto of the first part being desirous of obviating all questions and disputes * as to the effect or validity of the appointment expressed to be made by the said Deed Poll or as to the right title or interest of the said William Philip Michell to or in the sixth part or share and * premises intended to be comprised or assumed by the hereinbefore recited Indenture of the Twenty sixth day of March one thousand eight hundred and sixty or any part or parts thereof or otherwise * in relation to the premises have respectively at the request of the said William Philip Michell consented and agreed to make and execute the release grant and assignment hereinafter contained

*NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreements and in consideration of the premises THEY the said several persons parties hereto of the first part according to their several
* and respective shares and interests do and each of them doth hereby advise and grant unto the said William Philip Michell and his heirs and assigns ALL those the six equal tenth parts or shares or those * equal fifth shares or parts of them the said persons parties hereto of the first part of and in the sixth part or share comprised in the hereinbefore recited Indenture of the Twenty sixth day of March one * thousand eight hundred and sixty to thereby granted or expressed or intended so to be of and in All and singular the Messuages, land, tenements, tithes, rent, Charges, and hereditaments described or mentioned * in the first schedule hereto or in the first schedule to the last mentioned Indenture deed of and in all buildings, yards, gardens, orchards, commons, ways, sewers, watercourses, liberties, easements,* commodities and appurtenances to the same Messuages, lands, tenements, tithes, and charges, and hereditaments respectively belonging to in anywise appertaining or with the same respectively held or * enjoyed or reputed to be part thereof respectively or appurtenant thereto, And of and in All other freehold hereditaments and premises and parts or shares of freehold hereditaments and premises.* comprised in or granted by the last mentioned Indenture or expressed or intended so to be And all and every other, if any the parts or shares part or share and all the Estate and Interest of the * said several persons parties hereto of the first part and each of them in the freehold hereditaments and premises and parts or shares of freehold hereditaments and premises * described mentioned or referred to and every part thereof. TO HAVE AND TO HOLD the premises hereinbefore expressed to be released and granted unto and to the use of the said William Philip* Michell his heirs and assigns forever
 
AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the said Agreements and in consideration of the premises the said several* persons parties hereto of the first part according to there several and respective shares and Interests do and each of them DOTH hereby release and Assign unto the said William Philip Michell * his heirs and assigns ALL those the six equal tenth parts or shares or three equal fifth parts or shares of them, the said parties hereunto of the first part of the sixth part or share comprised in the said indenture of the Twenty sixth day of March one thousand eight hundred and sixty or thereby assigned or expressed or intended so to be of and in all * rights easements and appurtenances to the same lands tenements and hereditaments respectively belonging or in anywise appertaining or with the same respectively held or enjoyed or reputed * to be part thereof or appurtenant there and of and in all other Leasehold hereditaments and premises and parts or shares of Leasehold hereditaments and premises if any comprised * in or assigned by the last mentioned Indenture or expressed or intended so to be And all and every other if any the parts or shares part or share And all the Estate and Interest of them the said * parties hereto of the first part and each of them in the Leasehold premises and part or shares of Leasehold premises here before mentioned described or referred to, and every part thereof
 
TO * HAVE AND TO HOLD the premises expressed to be hereby released and assigned unto the said William Philip Michell his Executors Administrators and assigns for the residue of the term or terms for which * the same respectively are now held under the subsisting lease or leases thereof respectively and for all other if any the term and Interest therein of them the said parties hereto of the first part * each of the parties hereto of the first part as to his own acts and defaults But not further or otherwise doth hereby for himself, his heirs, Executors, and Administrators covenant with the said* William Philip Michell his heirs. Executors, Administrators and assigns respectively, that in the Covenants has not at any time done, executed, or knowingly suffered or been party or privy to * respectively are is can or may be in anywise incumbered or otherwise prejudicially affected ALL WITNESS whereof the parties aforesaid to the [tenants?] their hands and seals have set * and year first above written
 
SCHEDULE ONE

[Signatures]       J. M. Clarke       J. Taunton Clarke       Wm. Michell Clarke       BM Clarke

On reverse signed:
 
Cha Jos Holdsworth Sol Bush Lane London
SS Goldsmith of Bristol Solicitor
Thomas Commins Solicitor Bodmin
John H Hocking MA Clerk Chaplain Besyal Ecclesiastical Establishment

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Transcribed by Julia Mosman, from a document in the Malcolm McCarthy collection