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Indenture dated 21 March 1818
(Sheet 1)
This indenture of six parts made the twenty first day of March in the
Fifty eighth year of the Reign of our Sovereign Lord George the third by
the Grace of the United Kingdom of Great Britain and Ireland King
Defender of the Faith and in the year of our Lord one thousand eight
hundred and eighteen Between the Reverend Francis Cole of the Parish
Saint Columb Major in the County of Cornwall Clerk the Devisee named in
the last will and Testament of John Bawden late of the Parish of Saint
Mabyn in the County of Cornwall Gentleman deceased who was the only son
and heir at Law of Christopher Bawden of the said parish of Saint Mabyn
Gentleman deceased of the first part Elizabeth Lobb of the said parish
of Saint Mabyn Widow of the second part Francis Hearle of the Parish of
Mawgan in Pyder in the said County Gentleman of the third part Henry
Menhinnick of the said parish of Saint Mabyn Cordwainer of the Fourth
part Joseph Hick of the parish of Kea in the said County yeoman of the
fifth part and James West of the Parish of Egloshayle in the said County
Yeoman of the sixth part Whereas the said Francis Cole has contracted
with the said Henry Menhinnick for the absolute Sale to him the Fee
simple and inheritance in possession of the Lands and Hereditaments
hereinafter described and mentioned and intended to be hereby granted
and released at or for the price or sum of Three hundred and Fifty
pounds thirteen Shillings and Ninepence Now this Indenture witnesseth
that in pursuance of the said agreement and in consideration of the sum
of Three hundred and fifty six pounds thirteen shillings and nine Pence
of lawful Money of The United Kingdom of Great Britain and Ireland
current in England to the said Terrance Cole in hand paid by the said
Henry Menhinnick at or before the sealing and delivery of these presents
the receipt whereof he the said Francis Cole doth hereby acknowledge and
of and from some and every part of thereof doth acquit release and
discharge the said Henry Menhinnick his Heirs Executors administrators
and Assigns forever by these presents He the said Francis Cole hath
granted bargained sold aliened released conveyed and confirmed and by
these presents doth grant bargain sell alien release convey and confirm
unto the said Henry Menhinnick for his actual possession now being by
virtue of a bargain and sale to him thereof made by the said Francis
Cole in consideration of five shillings by Indenture bearing date the
day next before the day of the date of these presents for the term of
one ? years commencing from the day next before the day of the date of
the said Indenture of bargain and sale and by force of the Statue made
for transferring uses into possession and to his heirs All that Fields
or Closes of Land called Kelly Well ____ ______ also those Closes of
Land next adjoining comprising altogether Five acres one quarter and
twenty five yards of Land as the same is now lately enclosed and parted
off from a certain field or close of land called Kelly Well all which
said Premises are situate in the said parish of Saint Mabyn now lately
or in the occupation of the said Henry Menhinnick together with all ways
paths passages waters waterways mines quarries rights privileges and
appurtenances whatsoever to the said Fields or Closes of Land
Hereditaments and Premises belonging incident or in anywise appertaining
or to or with the same or any part thereof at any time heretofore
reputed or deemed and occupied or enjoyed as part parcel or member
thereof and the Reversion and Reversions remainder and remainders rents
dues and Profits thereof and of every part thereof and all the Estate
Rights Title Interest use Trust property possession claim and demand
whatsoever both at Law and in equity of him the said Francis Cole of in
to or out of the said Fields or Closes of Land hereditaments and
Premises or any part thereof To have and To Hold all and singular the
said Fields or Closes of Land hereditaments and premises hereby granted
and released or mentioned and intended so to be and every part and
parcel thereof with their rights members and appurtenances unto the said
Henry Menhinnick his Heirs and Assigns for ever To the uses upon the
trusts and for the Intents and purposes hereinafter mentioned concerning
the same (that is to say) To the use of such person or persons for such
Estate or Estates Interest or Interests and in such parts and
proportions and upon Such trusts and for such intents and purposes and
charged and chargeable in such manner and either absolutely or
conditionally and subject to such powers of evocation and new
appointment and other powers provisos conditions limitations
declarations and agreements as the said Henry Menhinnick by any deed or
deeds instrument or instruments in writing to be sealed and delivered by
him in the presence of two or more credible witnesses shall direct limit
or appoint and in default of such directions limitations or appointment
and in the mean time and from time to time until the same shall take
effect and subject to the uses estates trusts charges and Interests as
shall have been directed limited or appointed by the said Henry
Menhinnick then To the use of the said Henry Menhinnick and his Assigns
for and during the term of his natural life and from and after the
determination of that estate by any means in his life time then to the
use of the said Joseph Hick his Heirs and Assigns during the natural
life of the said Henry Menhinnick Upon trust to and for the sole benefit
of the said Henry Menhinnick and his Assigns to the intent that the
present or any future wife of the said Henry Menhinnick may not be
intitled to Dower and from and after the Determination of the Estate
hereby limited to the use of the said Joseph Hick his Heirs and Assigns
for the life of the said Henry Menhinnick then To the uses of the said
Henry Menhinnick his Heirs and Assigns for ever and to for and upon
another use trust intent or purpose whatsoever and the said Francis Cole
for himself his Heirs Executors Administrators and for every of them
doth hereby covenant grant and agree with and to the said Henry
Menhinnick his Heirs appointees and Assigns in manner following that is
to say that he the said Francis Cole now is lawfully rightfully and
absolutely seized of and in a good sure perfect absolute and
Indefeasable Estate of Inheritance in Fee Simple in possession of and in
the said Fields or Closes of Land Hereditaments and Premises without any
condition use trust power of evocation or any other qualification
restriction matter or thing whatsoever which may revoke determine alter
change incumber or prejudicially effect the same in any manner however
And Also that In the said Francis Cole now hath in himself full power
and lawful and absolute right to grant bargain release and confirm all
and singular the said Fields or Closes of Land hereditaments and
Premises unto and to the use and behoof of the said Henry Menhinnick his
Heirs appointees and assigns for ever according to the true intent and
meaning of these presents and further that the said Fields or Closes of
Land and Premises hereinbefore expressed to be hereby granted and
released shall remain continue and be to the uses upon the trusts and to
and for the ends intents and purposes hereinbefore declared expressed or
mentioned of or concerning the same and the rents Dues and profits
thereof and of every part thereof be received and taken accordingly
without any manner of hinderance interruption or disturbance of the said
Francis Cole or his Heirs or any other person or persons whomsoever ever
and that free and clear freely and clearly acquitted exonerated and
discharged or otherwise by the said Francis Cole his Heirs Executors or
Administrators effectually defended protected and indemnified of from
and against and all former and other gifts grants mortgages demises
assurances Estates Rights Titles Interests charges and Incumbrances
whatsoever and Moreover that he the said Francis Cole his Heirs and all
and every other persons and person having or lawfully claiming any
Estate Right Title Trust or Interest either law or in equity of in to or
out the said Fields or Closes of Land Hereditaments and Premises
mentioned and intended so to be hereby granted and released or any part
thereof shall and will from time to time and at all times hereafter upon
every reasonable request and of the expenses of the said Henry
Menhinnick his Heirs or Assigns make do levy suffer and execute all and
every such further and other lawful and reasonable acts deeds
conveyances matters and things whatsoever for the further better more
perfectly and absolutely granting conveying inferring the said Fields or
Closes of Land Hereditaments and Premises hereinbefore granted released
and confirmed or mentioned or intended so to be and every or any part
thereof unto and to the use of the said Henry Menhinnick his Heirs and
Assigns To the uses upon the trusts and to and for the Intents and
purposes hereinbefore declared expressed or mentioned of or concerning
the same or such or so many of these as shall for the time being be
existing or capable of taking effect be the same by fine assessment
common recovery or otherwise as by the said Henry Menhinnick his Heirs
or Assigns or his or their Counsel in the law shall be devised advised
and required And whereas the said Elizabeth Lobb under and by virtue of
the last will and testament of the said John Bawden deceased bearing
date the thirtieth day of June one thousand seven hundred and ninety six
and which was duly proved in the Prerogative Court of the Archbishop of
Canterbury is entitled to one annuity or yearly sum of Fifteen Pounds
payable out of and charged on the said Fields or Closes of Land and
premises amongst of her lands and at the request of the said Francis
Cole she the said Elizabeth Lobb hath agreed to release the said
hereditaments and protection from all charge of the said annuity now
this Indenture further witnesseth that in pursuance of such request and
in Consideration of the sum of Five Shillings of lawful Money to the
said Elizabeth Lobb in hand unto and truly paid by the said Henry
Menhinnick she the said Elizabeth Lobb at the instance and request of
the said Francis Cole Hath remised and released and by these presents
doth remise and release unto the said Henry Menhinnick his Heirs and
Assigns and all and singular the said Fields or Closes of Land
hereditaments and Premises hereby granted and released as aforesaid or
mentioned and intended so to be of and from all claim and demand
whatsoever which she the said Elizabeth Lobb now hath or can or may have
or claim of in to or out of the said Fields or Closes of Land and
premises for or in respect of the said annuity or yearly sum of Fifteen
Pounds given to her and charged thereon by the will of the said
(Sheet 2)
Said John Bawden deceased as aforesaid or any part thereof or otherwise
howsoever And whereas by Indentures of Lease and Release bearing date
respectively the twenty fourth and twenty fifth days of January ne
thousand seven hundred and sixty one the Release being of Five parts and
made between Christopeher Feise Esquire of the first part Clobery Silly
Esquire of the second part the said Christopher Bawden Gentleman of the
third part William Martin Gentleman of the fourth part and Peter Pearce
Surgeon of the fifth part the residue of a term of Two hundred years of
and in the said hereditaments and premises hereinbefore partly mentioned
and declared to be hereby granted and released created under and by
virtue of certain Indentures of lease and release and settlement bearing
dates the Twenty eighth and twenty ninth days of June in the ninth year
of the reign of Queen Anne and made between Joseph Silly and Dorothy
Silly of the first part Hugh Fortescue and William Clobery of the second
part and Elizabeth Clobery William Flamank and John Barret of the third
part was at the nomination of the said Christopher Bawden assigned and
transferred to the said Peter Pearse his Executors Administrators and
Assigns In trust for the life of the said Christopher Bawden his Heirs
and Assigns to be dispensed of as he or they should direct and in the
mean time to attend and wait upon the freehold and Inheritance of the
same premises And whereas the said Peter Pearse since died intestate
without having assigned or otherwise disposed of the residue of the said
term of two hundred years and letters of administration to the estate
and Effects of the said Peter Pearse including the residue of the said
term have been duly granted to the said Frances Hearle by the
Archdeaconry Court of Cornwall now this Indenture further witnesseth
that in pursuance of the hereinbefore recited agreements and in
consideration of the sum of Ten Shillings of lawful money to the said
Francis Hearle in hand paid by the said Samuel West at or before the
sealing and delivery of these presents the receipt whereof is hereby
acknowledged Be the said Francis Hearle at the request and with the
consent of the said Francis Cole and by the direction and appointment of
the said Henry Menhinnick testified by their severally being parties to
and sealing and executing these presents hath sold assigned transferred
and set over and by these presents doth sell assign transfer and set
over unto the said Samuel West his Executors Administrators and Assigns
All that the said Fields or Closes of Land called Kelly well meadow And
also those two other Closes of Land next adjoining comprising together
two acres one quarter and twenty five yards of Land as is ? lately and
enclosed and parted off from a certain field or close of land called
Kelly Wells all which is in premises are situate in the said parish of
Saint Mabyn and held by or in occupation of the said? ? Premises
together with all and every the rights members and appurtenances to the
same respectively belonging and appertaining and all the Estate Right
Title Interest Term and Terms for years to come and unexpired trust
property claim and demand whatsoever of him the said Francis Hearle into
out of or respecting the said premises hereby assigned or otherwise
assured or intended so to be hath To have and To hold the said Fields or
Closes of Land Hereditaments and Premises hereby assigned and
transferred or mentioned intended so to be and every part and parcel
thereof with the appurtenances unto the said Samuel West his Executors
Administrators and Assigns from hence forth for and during all the
residue now to come and unexpired or mentioned and intended so to be and
every part and parcel thereof with the appurtenances unto the said
Samuel West his Executors Administrators and Assigns for and during all
the residue_____________________________ of the said term of Two hundred
years and hereby assigned as aforesaid or mentioned or intended so to be
In Trust nevertheless for the said Henry Menhinnick his Heirs and
Assigns and assigned and disposed of from time to time as he or they
shall direct or appoint and in the mean time to attend wait upon and go
along with the free hold reversions and inheritance of the same premises
hereinbefore granted and released or mentioned and intended so to be to
the end to preserve and protect the same from all mesne charges and
incumbrances of any be so for no other end intent or purpose whatsoever
and the said Francis Hearle doth hereby for himself his Heirs Executors
administrators covenant promise and agree to and with the said Samuel
West his Executors Administrators and Assigns that he the said Francis
Hearle hath not at any time heretobefore done committed or willingly or
willingly suffered any act matter or thing whereby or by means whereof
the said premises hereby assigned or any part thereof or the said term
of two hundred years therein is are shall or may be surrendered
forfeited or avoided impacted or incumbranced in title charge Estate or
otherwise howsoever and the said Francis Cole for his Heirs Executors
and Administrators doth hereby further covenant grant and agree with and
to the said Henry Menhinnick his Heirs and Assigns that he the said
Francis Cole his Heirs and Assigns shall and will from time to time and
at all times hereafter (unless prevented by fire theft or other
inevitable impediment) upon every reasonable request in writing and at
the expense of the said Henry Menhinnick his Heirs Executors
Administrators or Assigns produce and show forth or cause and procure to
be produced and shown forth to the said Henry Menhinnick his Heirs and
Assigns or to his or their Counsel Attorney or Agent for his or their
inspection or perusal at or upon any trial hearing commission or
examination and upon every or any proper and reasonable occasion all and
every or any of the deeds wills probates and writings mentioned in the
Schedule hereunder written or hereunto annexed and also all other deeds
muniments writings and evidences which nor or hereafter shall be in the
Custody or lawful power of him the said Francis Cole his Heirs or
Assigns or which he or they can or may procure without suit at Law or in
equity.
In witness whereof the Parties aforesaid to these presents their hands
and seals have set the day and year first above written The Schedule to
which the above written Indenture refers 24th and 25th: January 1761
Indentures of lease and Release the Release being of five parts and made
between Christopher Treise Esquire of the first part Clobery Silly
Esquire of the second part Christopher Bawden Gentleman of the third
part William Martin Gentleman of the fourth part and Peter Pearse
Surgeon of the fifth part
21st July 1704 Copy will of Christopher Bawden Gentleman deceased
30th June 1795 Copy will of John Bawden Gentleman deceased
7th December 1813 Indenture Tripartive between the said Francis Cole of
the first part Susanna Hearle Spinster of the second part and the said
Francis Hearle and Joseph Childs gentleman of the third part being the
settlement made previously to the marriages of the said Francis Cole
with the said Susanna Hearle by which she is barred of Dower
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