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THIS INDENTURE made the 26th day of June A.D. 1840 BETWEEN BENNETT MITCHELL of the Parish of Winsford in the County of Somerset Clerk and WILLIAM MICHELL of the Borough of Bodmin in the County of Cornwall Medical Doctor of one part and JOHN PASCOE BENNETTS of the Parish of St Austell in the said County of Cornwall Ironmonger of the said part WHEREAS by Indenture of Lease dated the 3rd day of January 1812 and made between Henry Hawkins Tremayne of the one part and Bennett Mitchell therein described of the other part for the consideration therein expressed ALL those 4 Day Houses lying and being on Trenance and situated near Trenance Bridge within the said Parish of St Austell together with one other house called the Pound House and one orchard hereunto adjacent and one plot of land (now also converted into an orchard lying next above the said orchard and adjoining with Trenance Lane and one garden lying between the said plot and the said Dwelling House and also one other garden and 3 other plots which were heretofore parcel of a certain field or close of land called the Higher Turnavean parcel also of the said Tenement called Trenance and which last mentioned plots are adjoining to a certain field or close of land called Trenance Great Hill together with Common of Pasture for 6 Bullocks on such parts of Trenance Common as shall be enclosed And also common of pasture on St Austell Moor next adjoining to a field called Lower Turnavean as shall not be enclosed ALL which said premises were heretofore in the possession of Peter Crapp surgeon deceased since of Jane Crapp his widow late of Bennett Mitchell deceased the father since of John Michell the brother of the said Bennett Mitchell (party hereto) and late of the Bennett Michell deceased his undertenant or undertenants together with all and singular the appurtenances the same were appointed and demised unto the said Bennett Michell his executors administrators and assigns under and immediately after the expiration or other sooner determination of a certain other Indenture of Lease bearing date the 24th day of may 1786 made and granted by the said Henry Hawkins Tremayne to the said Bennett Michell deceased and then determinable on the deaths of Elizabeth billing and Anna Prianlx (daughters of the said Bennett Mitchell (party thereto) for and during a certain term of 99 years if William Michell son of the said Bennett Michell (part hereto) then aged about 17 years should so long live under and subject to the rents herriots suits services covenants conditions reservations exceptions and agreements therein contained AND WHEREAS by Indenture of Lease bearing date the 1st day of January 1838 and made between John Hearle Tremayne Esquire therein described of the one part and Bennett Michell therein also described of the other part It is witnessed that in consideration of the surrender of 2 several Indentures of Lease of the parcel of ground called Stoney Moor thereinafter described one of them bearing date the 24th day of March 1769 and made and granted by Henry Hawkins Tremayne Clerk deceased to Bennett Michell the deceased father of the said Bennett Mitchell (party thereto) for a term of 99 years then dependable on the deaths of the said Bennett Michell (party thereto) and the other bearing date the 3rd day of January 1812 and made and granted by the said Henry Hawkins Tremayne to the said Bennett Michell part thereof for a term of 99 years to commence on the determination of the said first mentioned term and determinable on the several deaths of William Michell and John Michell his sons and also an Indenture of Lease of the Dwelling house Orchard and Garden formerly erected and enclosed by John Vanson thereinafter described bearing date the 24th day of June 1783 made and granted by the said Henry Hwkins Tremayne to the said Bennett Michell then deceased for a term of 99 years dependable on the several deaths of the said Bennett Michell (party hereto) and Elizabeth and Anna his sisters and of the further considerations therein expressed ALL that one plot or parcel of land or ground now an orchard containing by estimation one acre of land or thereabout commonly called Honey Moor parcel of the Tenement of Turnavean situated in the Parish of St Austell formerly in the possession of John Giles afterwards of John Lang then of the said Bennett Michell deceased since of John Michell his son and then in the occupation of the said Bennett Michell (party hereto) his undertenant or undertenants AND ALSO ALL that Dwelling House formerly erected and built by John Vanson the younger together with the Orchard and Garden thereto adjoining and belonging formerly enclosed by the said John Vanson situate in the Parish of St Austell aforesaid and adjoining to the said first mentioned Orchard late in the possession of the said Bennett Michell (party hereto) his undertenant or undertenants together with all the appurtenances to the said several premises respectively belonging or appertaining were appointed and deemed unto the said Bennett Michell (part hereto) his executors administrators and assigns for the term of 99 years If Thomas Tanton Clarke then aged 12 years Bennett Michell Clarke aged about 7 years and Bennett Michell then aged about 7 years grandchildren of the said Bennett Michell (part hereto) or either of them should so long live subject to the rent covenants conditions and agreements therein contained AND WHEREAS the said Bennett Michell is since dead having first duly made his lat will and testament in writing bearing date the 26th day of January 1838 and thereof appointed his said sons the said Bennett Michell and William Michell (parties hereto) executors and residuary Legatees who duly proved the same will in the Prerogative Court of Canterbury on the or sum of £250 NOW THIS INDENTURE WITNESSETH day of 183 AND WHEREAS the said Bennett Michell and William Michell have contracted and agreed with the said John Pascoe Bennetts for the sale to him of all and singular the said hereditaments and premises comprised in the recited leases hereinafter described called Hodges Tenement for all the terms ? ? of them the said Bennett Michell (party hereto) and William Michell therein at or for the price or sum of £250 of sterling money to the said Bennett Michell and William Michell paid by the said John Pascoe Bennetts at or before the execution hereof the rect. Whereof they the said Bennett Michell and William Michell do and each of them doth hereby acknowledge and of and from the same do and each of them doth acquit release and for ever discharge the said John Pascoe Bennetts his executors and administrators by these presents And also in consideration of the said John Pascoe Bennetts releasing and quitting claim to all that messuage dwelling house outhouses and appurtenances situate in the town of St Austell in the County of Cornwall called or known by the name of Hodges Tenement and herein after more particularly mentioned and described THEY the said Bennett Michell and William Michell DO and each of them DOTH by these presents grant bargain sell assign transfer and set over demise release and quit claim unto the said John Pascoe Bennetts his executors and assigns ALL and singular the said several dwelling houses hereditaments and premises hereinbefore particularly mentioned described in the said in part recited Indenture of Lease of the 3rd day of January 1812 AND ALSO the said several premises mentioned and described in the said hereinbefore in part recited Indenture of Lease of the 1st day of January 1838 And all the estate right title and indenture of them the said Bennett Michell and William Michell of in and to the said several hereditaments and premises and every of them with their appurtenances TO HAVE AND TO HOLD the said several hereditaments and premises hereinbefore particularly described and mentioned and intended to be ? ? ? unto the said John Pascoe Bennetts his executors administrators and assigns henceforth and for and during all the rest residue and remainder of the said several terms of 99 years and 99 years created by the said recited Indenture of Lease and for and during all other the terms to its intents of them the said Bennett Michell (party hereto) and William Michell and each of them of in or to the same and every part thereof subject nevertheless to the rents and covenants provisos and agreements in the said several in part recited Indentures of Lease reserved and contained on the tenants or lessees part to be paid done and observed AND the said Bennett Michell and William Michell for themselves severally and respectively and for their several and respective heirs executors and administrators do and each of them doth hereby covenant and declare to and with the said John Pascoe Bennetts his executors administrators and assigns that they the said Bennett Michell and William Michell have not nor hath either of them at any time heretofore done executed or knowingly suffered nor caused or procured to be done executed or suffered any act deed matter or thing the said several hereditaments premises hereinafter assigned or otherwise assured or any part thereof or their or any of their appurtenances on the estate or interest mentioned or intended to be by these presents assigned or otherwise assured or the several Indentures of Lease or the said several terms thereby granted are is are or can or may be impeached charged incumbered or prejudicially affected in any manner howsoever AND that for and notwithstanding any such act deed matter or thing they the said Bennett Michell and William Michell have in themselves or one of them in himself full and absolute right to grant bargain sell and assign all and singular the premises expressed or intended to be hereby assigned with their and every of their appurtenances unto the said John Pascoe Bennetts his Executors Administrators and Assigns in manner and form aforesaid and according to the true intent and meaning of these presents AND FURTHER that he the said John Pascoe Bennetts his executors administrators and assigns shall and lawfully may from time to time and at all times hereafter during the residue of the said several terms of 99 years and 99 years in and by the said several Indentures of Lease granted which are yet to come and unexpired peaceably and quietly enter into and upon and have hold and occupy possess enjoy the same messuages or tenements and all and singular other the premises hereby assigned or intended so to be with their appurtenances and to take and retain the rents issues and profits thereof to and for his and their own use and benefit without any action suit eviction hindrance molestation disturbance orinterruption whatsoever of or by P B Michell and William Michell or either of them or the executors administrators and assigns of either of them or any person or persons now or hereafter claiming or possessing either at law or in equity and estate right charge or interest in to out of or upon the said several premises or any part thereof by from under or in trust for them And that free and clear and freely and clearly acquitted exonerated released and forever discharged or otherwise by the said P B Michell and William Michell their executors or administrators well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other estates titles troubles charges and incumbrances whatsoever ? already or to be hereafter made done committed or suffered by the said Bennett Michell and William Michell their executors and administrators or by any person or persons lawfully claiming or to claim by from under or in trust for him them or any of them save and except the rent covenants conditions and agreements and by the said several recited Indentures of Lease and every of them reserved and contained and where on the Tenant or Lessees part are or ought to be paid observed and performed AND FURTHER that the said Bennett Michell and William Michell their executors and administrators and all person or persons having or claiming or who shall or may have or claim any estate right title interest property or demand whatsoever either at Law or Equity of in to or out of the said several hereditaments and premises hereby assigned or intended so to be or any of them or any part thereof shall and will from time to time and at all times during the said several terms of 99 years and 99 years at the request and proper costs and charges of the said John Pascoe Bennetts his executors administrators and assigns make do and execute or cause and procure to be done and excepted all and every such further and other lawful and reasonable acts assignments and assurances in the law whatsoever for the better more perfectly and absolutely assigning and assuring the said several hereditaments and premises and for the remainders then to come and unexpired of the said several terms of 99 years and 99 years as by the said |John Pascoe Bennetts his executors administrators and assigns or his or their Counsel in the law shall be reasonably advised or devised and required AND the said John Pascoe Bennetts doth hereby for himself his heirs executors and assigns covenants and declare with and to the said Bennett Michell and William Michell and their and each of their heirs executors and administrators that he the said John Pascoe Bennetts his executors or administrators shall and will from time to time and at all times hereafter during the said several terms of 99 years and 99 years granted by the said several in part recited Indentures of Lease reserved which henceforth shall grow due and payable in respect of the said several hereditaments and premises hereby assigned at such times and in such manner as the same is thereby reserved AND ALSO shall and will observe perform and keep all and singular the covenants conditions provisos and agreements in the said several Indentures of Lease contained and which henceforth on the Tenant or Lessees part ought to be paid observed performed and kept AND shall and will from time to time and at all times hereafter save defend keep harmless and indemnify the said Bennett Michell and William Michell their heirs executors and administrators his and their lands goods chattels from and against the payment of the said Rent and the performance of the said covenants and conditions provisos and agreements and from and against all and all manner of actions suits cause and causes of action costs charges damages claims and demands whatsoever for or on account of the same or in anywise relating thereto AND THIS INDENTURE FURTHER WITNESSETH that for and in considerations aforesaid and for the further consideration of 5/- to him the said John Pascoe Bennetts in hand paid by the said Bennett Michell and William Michell the receipt whereof is hereby acknowledged He the said John Pascoe Bennetts for himself his heirs executors and administrators by these presents DOTH promise release and quit claim unto the said Bennett Michell and William Michell their heirs executors and assigns ALL the estate right title interest property claim and demand whatsoever both at law or in equity or otherwise howsoever which he the said John Pascoe Bennetts now hath or hereafter may or shall have or claim or might have had or claimed in case these presents had not been made of in to and out of ALL that one messuage and Dwelling House outhouse or linhay and backside or courtlages thereto belonging bounded on the North with a garden which formerly belonged to one Nicholas Hewett on the east with a Dwelling house formerly the said Nicholas Hewitts (one spelt with e and one with I MMc) on the south with the street leading from St Austell Church to St Austell Bridge and on the west with another house heretofore belonging to Alexander Hopwood ALL which premises are now in the occupation of Jno Hodge and are situate lying or being in the Town of St Austell aforesaid together with all and singular the appurtenances (and which said premises were by Indenture bearing date on or about the 17th day of July 1811 demised by Jno Rogers Esquire therein deceased to Bennett Michell and William Michell parties hereto for the term of 99 years to commence and take effect on the determination of a Lease of the 27th day of November 1754 then dependable death of one Thomasin Whitfield formerly Thomasin Michell therein also described so and in such manner and to the end and intent that he the said John Pascoe Bennetts his heirs executors and administrators or any person or persons now or hereafter claiming or deriving title from through under or in trust for him or them or any or either of them shall not nor can at any time hereafter by any ways or means whatsoever have claim challenge or demand any estate right or interest in to out of or concerning the same hereditaments and premises or any part thereof but of from and against all such estate right title and interest and all actions suits proceedings claims and demands whatsoever in respect of or in relation to the same shall be henceforth and forever wholly and utterly barred and excluded IN WITNESS whereof the parties aforesaid to these presents have set their hands and seals the day and year first above written (draft document not signed MMC) Return to St Austell Parish Page
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |