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(Document in very poor state, some unreadable missing bits shown as (?). MMc) THIS INDENTURE made the 28th day of
December in the fifty fourth year of the reign of Our
Sovereign Lord George the Third by the Grace of God of
the United Kingdom of Great Britain and Ireland King
Defender of the Faith in the year of Our Lord 1813
BETWEEN ELIZABETH PETER of the Town of Padstow in the
County of Cornwall widow the surviving sister and one of
the coheirs at Law of John Pomeroy late of the Borough
of Bodmin in the said County Clerk who died intestate of
the one part and JOSEPH HAMLEY of Bodmin aforesaid
surgeon the nephew and also the other coheir at Law of
the said John Pomeroy deceased of the other part WHEREAS
by Indentures of Lease and Release bearing the date
respectively the 9th and 10th of October in the year
1810 the Release being of three parts and made between
CHARLES RASHLEIGH of DUPORTH in the County of Cornwall
Esquire of the first part SARAH HAMLEY of the Borough of
Bodmin in the said County widow and of the one part and
JOHN POMEROY of the third part after several recitals in
the said Indenture of Release mentioned IT IS WITNESSED
for and in consideration therein mentioned that he the
said Charles Rashleigh and also the said Sarah Hamley
doth and them DID grant bargain sell alien release
convey and confirm unto the said John Pomeroy and to his
heirs and assigns ALL that messuage or dwelling house
and plot or close of land thereto adjoining situate
lying and being in the said Borough of Bodmin and
hereinafter first particularly mentioned AND ALSO ALL
that one messuage or dwelling house (formerly old walls)
situate lying and being in the said Borough of Bodmin
and secondly thereinafter particularly mentioned and
described TO HOLD the first mentioned messuage or
dwelling house with the appurtenances unto the said John
Pomeroy his heirs and assigns to the only proper use and
behoofe of the said John Pomeroy his heirs and assigns
for ever AND TO HOLD the said secondly mentioned
messuage or dwelling house there with the appurtenances
unto the said John Pomeroy his heirs and assigns TO the
use and behoof of the said John Pomeroy his heirs and
assigns for and during the natural lives of John Belling
Samuel Stone and Hender Mounsteven and for and during
the natural life of any or either of them longest living
AND WHEREAS the said John Pomeroy died on or about the
17th day of August last intestate and without issue
leaving the said Elizabeth Peter and Joseph Hamley his
duly coheir at law (????) to all his freehold
estates in moieties (????) AND WHEREAS the said
Elizabeth Peter hath contracted and agreed with the said
Joseph Hamley (?????) mentioned moiety of and in
the aforesaid messuages (???) hereditaments and
premises herein after ? particularly described at
or for the price or sum of £367 10/- NOW THIS INDENTURE
WITNESSETH that pursuance of the said contract and
agreement and for and in consideration of the sum of
£367 10/- of lawful money of England to the said
Elizabeth Peter in hand paid by the said Joseph Hamley
at or immediately before the sealing and delivery of
these presents the receipt whereof she the said
Elizabeth Peter doth hereby acknowledge and thereof and
of and from the same and every part thereof doth acquit
release and discharge the said Joseph Hamley his heirs
executors administrators and assigns and every of them
she the said Elizabeth Peter by these presents 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 Joseph
Hamley (in the actual possession now being by virtue of
a certain bargain and sale to him thereof made by the
said Elizabeth Peter for 5/- consideration by Indenture
bearing date the day next before the day of the date of
these presents for one whole year commencing from the
day next before the day of the date of the same
Indenture of Bargain and Sale and by force of the
statute for transferring uses into possession) and to
his heirs and assigns ALL that her one undivided Moiety
or Halfendale of in and throughout ALL (?) the
aforesaid first mentioned messuage or dwelling house and
plot or close of land thereunto adjoining situate lying
and being in the said Borough of Bodmin in a certain
street there called Forestreet formerly the lands of
Elizabeth wife of John Pomeroy Esquire deceased and
Catherine Pennington spinster AND ALSO of and in all
that the secondly before mentioned other messuage or
dwelling house (formerly old walls) situate lying and
being in the said Borough of Bodmin in the aforesaid
street called Forestreet held under or by virtue of and
Indenture of Lease thereof granted by George Hunt
Esquire for the lives of John Belling Samuel Stone and
Hender Mounsteven son of John Mounsteven late of the
said Borough of Bodmin surgeon deceased and for the life
of the longest liver of them which said two messuages or
dwelling houses are adjoining and continuous to each
other and are occupied as one house and were formerly in
the possession and occupation of George John Blewett
Esquire afterwards William Hamley Surgeon deceased and
now of the said Joseph Hamley together with the Moiety
or Halfendale undivided of and in all houses outhouses
edifices buildings stables gardens yards courtlages ways
paths pasture advantages and appurtenances whatsoever to
the said two messuages or dwelling house and plot or
close of land or any part thereof belonging or
appertaining or at any time heretofore held used or
occupied or enjoyed or deemed or known as part or member
thereof or of any part thereof and the reversion and
reversions remainder and remainders yearly and other
rents issues profits thereof and of every part thereof
and all the estate right title interest use trust
benefit property claim and demand whatsoever at Law or
Equity or otherwise Stone of her the said Elizabeth
Peter of in to or out of the said mentioned
hereditaments and premises hereby declared and conveyed
together with all deeds evidences leases instruments
papers and writings now in the custody power or
possession of the said Elizabeth Peter (???)
concerning the same or any part thereof TO HAVE AND TO
HOLD the said Moiety hereditaments and premises first
hereinbefore described and intended to be hereby
released and conveyed with the appurtenances unto the
said Joseph Hamley his heirs and assigns during the
natural lives of the said John Belling Samuel Stone and
Hender Mounsteven and for and during the natural (?????)
them longest living subject to the payment of one Moiety
or the rent and to the observance and performance of the
considerations exceptions and agreements mentioned (???????)
hereinbefore described messuage hereditaments and
premises and on the part of the Lessee therein named to
be paid observed and performed AND the said Elizabeth
Peter (?????????) heirs executors and
administrators covenant promise and agree to and with
the said Joseph Hamley his heirs ad assigns in manner
and following (?????????????????) matter or thing
whatsoever she the said Elizabeth Peter is lawfully and
rightfully seized of the said Moiety of the messuage
hereditaments and premises (?????????) to be
hereby granted of and in a sure perfect and absolute (??)
state of Inheritance in Fee Simple without any (?)
contingent provisos power of Limitation or (?????)
or any other restraint matter or thing whatsoever to (???)
..charge ? or incumber defeat or make void the
same and is also rightfully seized of the said Moiety of
(???????) hereditaments and premises secondly
here before described to be hereby released of a perfect
and absolute estate (??) without power and lawful
and absolute authority to (???) all and singular
the said Moiety of and in manner aforesaid and according
to the true intent and meaning of these presents AND (?)
it shall and may be lawful to and for the said (????)
heirs and assigns from time to time and at all times
hereafter into and upon the Moiety of the said messuage
hereditaments to and premises peaceably and quietly to (?)
and the (???????) possess and enjoy and to waive
and take the said issues and profits thereof and of
every part thereof to and for his and their use and
benefit without lawful let suit hindrance (?????)
claim and demand whatsoever of her the said Elizabeth
Peter her heirs executors or administrators or any other
person or persons whatsoever AND that free and clear and
freely and clearly acquit exonerate and discharge or
otherwise by the said Elizabeth Peter her heirs
executors administrators well and sufficiently saved
harmless and kept indemnified from against all manner of
(????????) grants bargains sales mortgages leases
forfeitures judgments estates titles charges and
incumbrances whatsoever (except the covenants rents and
agreements contained in the original lease of (??)
and hereditaments and premises secondly hereinbefore
described to be hereby granted and released and which on
the Lessees part are to be performed and kept) AND
FURTHER that she the said Elizabeth Peters her heirs and
all and every other person or persons having or lawfully
claiming or who shall or may at any time hereafter have
lawfully claim any estate right title or interest of in
or to the said Moiety of and in the said messuages
hereditaments and premises hereby granted and released
by through or by from or under Catherine Pennington of
the Borough of Bodmin aforesaid Spinster or under her or
them and will from time to time and at all times (???)
reasonable request and at the proper costs and charges
in the Law of the said Joseph Hamley his heirs or
assigns make do and execute or cause or promise to be
made done (????) and every such further and other
lawful and reasonable act and act deeds things devices
conveyances and assurances in the law whatsoever for the
further better more perfectly and absolutely granting
conveying assuring and sure making the said Moiety of
and in the said messuages hereditaments and premises
hereby granted and released with the appurtenances unto
and to the said Joseph Hamley his heirs and assigns as
by the said Joseph Hamley his heirs executors or assigns
or his or their Counsel learned in the Law shall be
reasonably advised or devised and required IN WITNESS
whereof the said parties to these presents (being first
duly stamped) 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. |