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THIS INDENTURE made the 13th day of June in the year of Our Lord 1829 BETWEEN THOMAS WEST of the Borough of Bodmin in the County of Cornwall Surgeon and CATHERINE his wife (who before her marriage with him was called Catherine Hocken) of the first part EDWARD PEARCE of the said Borough of Bodmin Gentleman JOHN MARTYN BLIGH of Bodmin aforesaid Gentleman and SAMUEL WEST of Egloshayle in the said County Gentleman of the second part THOMAS COMMINS of the said Borough Gentleman of the third part the said THOMAS WEST fourth part LYDIA ANN COMMINS of the said Borough Spinster of the fifth part SAMUEL JOHN of Penzance in the said County Esquire Trustee for the said Lydia Ann Commins of the sixth part WHEREAS by an Indenture of Mortgage bearing date the 4th day of June 1816 made between the said Thomas Commins of the one part and Catherine Hocken of the other part ALL that then now built Dwelling House and Backside thereunto belonging situate in Bore Street in Bodmin aforesaid then in the occupation of William Stephens with the appurtenances were (with other hereditaments) granted and demised to the said Catherine Hocken her executors administrators and assigns for the term of 500 years UNDER the yearly rent of a pepper corn AND ALSO all that now erected messuage or dwelling house with the courtladge thereunto belonging situate in Bodmin aforesaid in the said street called Bore Street then in the possession of Richard Marshall were (together with other premises) granted and assigned to the said Catherine Hocken her executors administrators and assigns for the then residue of a certain term of 99 years then deferrable on the deaths of Joseph Edyvean Commins Thomas Commins the Younger and Lydia Ann Commins the said daughter of the said Thomas Commins SUBJECT to the proviso therein contained for redemption of the said several hereditaments and premises on payment of the sum of £500 with interest for the same at the rate and at the time therein mentioned AND WHEREAS said Catherine Hocken hath since intermarried with the said Thomas West AND WHEREAS the Indenture of Assignment bearing date the 28th day of June 1827 made between the said Thomas Commins (party hereto) of the first part Henry Tremenheere Commins (therein described) of the second part and the said Thomas West and Catherine his wife of the third part RECITING that by an indenture of lease bearing date the 9th of June 1821 made between the Mayor and Burgess of Bodmin aforesaid of the one part and the said Henry Tremenheere Commins of the other part the said Mayor and Burgess with their mutual assent and agreement and in consideration of £20 did demise lease and set unto the said Henry Tremenheere Commins all that dwelling house with a garden plot behind the same situate in Bore Street aforesaid then in the several occupations of John Marshall and James Runnalls TO HOLD the same unto the said Henry Tremenheere Commins his executors administrators and assigns for the term of 99 years if the said Lydia Ann Commins should so long happen to live AND ALSO RECITING that the said sum of £20 was the proper money of the said Thomas Commins and that the name of him the said Henry Tremenheere Commins was made use of in the same Indenture in trust only for him the said Thomas Commins AND ALSO RECITING that the said sum £500 still remained due and owing on the said in part recited security AND that for the better securing the repayment thereof with the interest due and to grow due thereon the said Thomas Commins had requested the said Henry Tremenheere Commins to assign the said last mentioned Dwelling House and Garden plot and premises in manner therein mentioned and the said Thomas Commins had agreed that the same and all other the premises therein and hereinafter described should be assigned to and vested in the said Thomas West and Catherine his wife their executors administrators and assigns upon the trusts therein and hereinafter in part expressed IT IS WITNESSED that for the usual considerations therein mentioned the said Henry Tremenheere Commins (at the request and by the direction of the said Thomas Commins) DID bargain sell assigns and set over and the said Thomas Commins DID grant bargain sell assign set over ratify and confirm unto the said Thomas West and Catherine his wife their executors administrators and assigns ALL that the said the last mentioned Dwelling House with garden plot behind the same with the rights members and appurtenances thereunto belonging TO HOLD the same unto the said Thomas West and Catherine his wife for and during the term of 99 years therein to come and determinable as aforesaid BUT UPON THE TRUSTS therein mentioned AND by the same Indenture IT IS ALSO WITNESSED that for the consideration therein mentioned the said Thomas Commins DID thereby assign transfer over and quit claim unto the said Thomas West and Catherine his wife ALL and singular the said messuage or Dwelling House and Backside so demised as aforesaid AND the messuage Dwelling House and Courtlage so assigned by the same Indenture AND the equity and right of redemption thereof TO HOLD the same unto the said Thomas West and Catherine his wife their executors administrators and assigns for and during the said several terms of 500 years and 99 years determinable as aforesaid BUT nevertheless upon trusts therein and hereafter in part mentioned for the better securing to the said Thomas West and Catherine his wife the repayment of the said sum of £500 and the interest thereof AND WHEREAS by indentures of lease and release and assignment bearing date respectively the 24th and 35th days of January 1828 the release and assignment being made between the said Thomas Commins (party hereto) and Charles Coode (therein described as co-partners as attorneys and solicitors and otherwise) of the first part the same Thomas Commins of the second part the said Charles Coode of the third part Joseph Edyvean Commins Clerk (son of the said Thomas Commins) of the fourth part Edward Coode Esquire of the fifth part the said Edward Pearce John Martyn Bligh and Samuel West of the sixth part the several persons (creditors of the joint estate of the said Thomas Commins and Charles Coode as co-partners) who by themselves or their respective Attorneys have duly executed the said Indenture of the eighth part and the several persons (creditors of the separate estate of the said Charles Coode) who by themselves or their respective Attorneys have duly executed the said Indenture of the ninth part AFTER the rentals therein contained IT IS (among other things) WOITNESSED that in pursuance of an agreement in the said Indentures of Release and Assignment recited and for the considerations therein mentioned the said Thomas Commins DID grant bargain sell release and confirm unto the said Edward Pearce John Martyn Bligh and Samuel west and to their heirs and assigns among other hereditaments ALL that messuage and dwelling house and backside thereto belonging situate in Bore Street aforesaid (and which is the same Messuage dwelling House and Backside as was so demised for the term of 500 years as aforesaid and as is intended to be hereby released AND ALL and singular other the lands tenements and hereditaments of the said Thomas Commins situate in the County of Cornwall or elsewhere in England TO HOLD the same unto and to the use of the said Edward Pearce John Martyn Bligh and Samuel west their heirs and assigns for ever UPON THE TRUSTS nevertheless and for the ends intents and purposes therein and hereinafter in part expressed of and concerning the same AND by the said Indenture of Release and Assignment now in recital IT IS FURTHER WITNESSED that for the considerations therein mentioned he the said Thomas Commins (party hereto) DID bargain sell assign and set over unto the said Edward Pearce John Martyn Bligh and Samuel West their executors administrators and assigns(among other Chattel property) ALL that Dwelling House and Garden plot behind the same situate in Bore Street aforesaid late in the occupation of the said John Marshall and Samuel Runnalls AND ALSO all that messuage or dwelling house with the courtlage thereto belonging late in the possession of Richard Marshall and then in the occupation of James Searle as tenant thereof AND ALSO all that singular other messuages lands and hereditaments with their appurtenances situate in the said County or elsewhere whereof or whereto the said Thomas Commins (party hereto and thereto) or any person in trust for him was possessed or entitled for the residue of any term of years whether absolute or determinable on lives TO HOLD the same unto the said Edward Pearce John Martyn Bligh and Samuel West their executors administrators and assigns thenceforth for all the residue and remainders then to come and unexpired of the said several terms for which the said several hereditaments and premises were respectively holden and determinable as aforesaid UPON THE TRUSTS therein and hereinafter in part declared containing the same (that is to say)UPON TRUSTS that they the said Edward Pearce John Martyn Bligh and Samuel West their heirs executors administrators and assigns should as soon as conveniently could be done sell and dispose of all and singular the freehold and leasehold hereditaments and premises thereby respectively released and assigned other together on in parcels unto any person or persons who should be willing to become the purchaser or purchasers thereof respectively AND for promoting and facilitating such sale it was thereby further declared that the receipt or receipts of the said Edward Pearce John Martyn Bligh and Samuel West and the survivor of them and his heirs executors administrators and assigns should be a sufficient discharge and discharges to the purchaser or purchasers of the several promises in the said Indenture of Release and Assignment comprised or any part thereof AND WHEREAS the said Edward Pearce John Martyn Bligh and Samuel West have with the privity and approbation of the said Thomas Commins contracted and agreed with the said Lydia Ann Commins for the absolute sale to her the freehold and leasehold hereditaments and premises hereinafter mentioned (being part of the hereditaments and premises comprised) at the said Indenture of the 25th of January 1828 AND the said Thomas West hath agreed to assign all his estates and interest of and in the said dwelling house garden plot and premises late in the occupation of the said John Marshall and James Runnalls as hereinafter mentioned at the price or sum of £354 17/- 6d being the amount of the principal money and interest now due and owing to the said Thomas West and Catherine his wife upon the said part recited security and they the said Thomas West and Catherine his wife have agreed upon receiving the same to execute such assignment and assurance of the said several hereditaments and premises respectively as hereinafter contained NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of £354 17/- 6d of lawful money of Great Britain to the said Thomas West and Catherine his wife in hand paid by the said Lydia Ann Commins at or immediately before the sealing and delivery of these presents (at the request and by the direction of the said Edward Pearce John Martyn Bligh and Samuel West and with the privity and at the request of the said Thomas Commins testified respectively by their being parties to and severally exonerating these presents) the receipt whereof and that the same is in full satisfaction and discharge of all money due and owing upon the said in part recited security they the said Thomas West and Catherine his wife do and each of them doth hereby acknowledge and to and from the same and every part thereof doth acquit release and for ever discharge the said Lydia Ann Commins and the said Edward Pearce John Martyn Bligh and Samuel West and the said Thomas Commins and each and every of them and their respective heirs executors administrators and assigns and also the said mortgaged premises by these presents THEY the said Thomas West and Catherine his wife at the request and by the direction and appointment of the said Edward Pearce John Martyn Bligh and Samuel West and with the consent and approbation of the said Thomas Commins party hereto testified as aforesaid HAVE and each of them HATH granted bargained sold assigned transferred and set over and by these presents DO and each of them DOTH grant bargain sell assign transfer and set over unto the said Samuel John ALL that the aforesaid dwelling house and backside thereunto belonging heretofore in the tenure or holding of William Stephens being part and parcel of the hereditaments comprised in and demised by the said hereinbefore in part recited Indenture of Mortgage of the 4th day of June 1816 Together with the right members and appurtenances to the same belonging AND ALL the estate right title term and terms for years now to come and unexpired Trust property possession claim and demand whatsoever both at law and equity of them the said Thomas West and Catherine his wife or other of them in to or out of the said premises and every part and parcel thereof TO HAVE AND TO HOLD the said dwelling house backsides and premises hereby assigned or intended so to be with the appurtenances unto the said Samuel John his executors administrators and assigns from henceforth for and during all the residue and remainder now to come and unexpired of the said term of 500 years so granted and demised as aforesaid IN TRUST nevertheless for the said Lydia Ann Commins her heirs and assigns and to be assigned and disposed of from time to time as she or they shall direct or appoint and in the mean time to wait upon the freehold reversion and ? of the said premises and to protect the same from all subsequent and intermediate incumbrances if any sutle there be AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the said Agreement as also in consideration of the sum of 5/- of like lawful money to them the said Edward Pearce John Martyn Bligh and Samuel West and Thomas Commins Now also in hand paid by the said Lydia Ann Commins the receipt whereof is hereby acknowledged They the said Edward Pearce John Martyn Bligh and Samuel West (with privity consent and approbation of the said Thomas Commins testified as aforesaid and according to their estate and interest and so far as lawfully may or can but by way of consent or warranty or otherwise) HAVE and each of the HATH granted bargained sold allowed released and conveyed and in and by these presents DO and each and every of them DOTH grant bargain sell alien release and convey And the said Thomas Commins HATH bargained sold allowed released ratified and confirmed and in and by these presents DOTH grant bargain sell arise release ratify and confirm unto the said Lydia Ann Commins her heirs and assigns ALL that the aforesaid dwelling house and backside thereunto belonging which was so demised by the said Indenture of Mortgage as aforesaid and is hereinbefore expressed to be by these presents assigned for the residue of the said term of 500 years as aforesaid TOGETHER with all rights members and appurtenances to the same belonging (All which said dwelling house backside and premises and now in the actual possession of the said Lydia Ann Commins for 5/- consideration bearing date the day next before the day of the date of these presents for the term of one year commencing from the day next preceding the day of the date of the same indenture) AND the reversion and reversions remainder and remainders yearly and other rents issues and profits thereof AND ALL the estate right title interest use trust property possession equity and right of redemption claim and demand whatsoever both at law and in equity of them the said Edward Pearce John Martyn Bligh Samuel West and Thomas Commins and each and every of them unto or out of the said premises or any part thereof TO HAVE AND TO HOLD the said dwelling house backside and other the premises hereby released unto and to the use of the said Lydia Ann Commins her heirs and assigns for ever AND THIS INDENTURE FURTHER WITNESSETH that in further pursuance of the said agreement and for the consideration aforesaid and in consideration of the further sum of 5/- a piece of like lawful money to them the said Thomas West and Catherine his wife Edward Pearce John Martyn Bligh Samuel West Thomas Commins (party hereto) now also in hand paid by the said Lydia Ann Commins his receipt whereof respectively is hereby acknowledged They the said Thomas West and Catherine his wife by and with privity consent and approbation of the said Edward Pearce John Martyn Bligh and Samuel West testified as aforesaid And the said Edward Pearce John Martyn Bligh and Samuel West (with the privity consent and approbation of the said Thomas Commins party hereto ( according to their several and respective estates and interests of and in the premises hereinafter mentioned to be hereby assigned) HAVE and each and every of them HATH bargained sold assured transferred and set over and by these presents DO and each of them DOTH bargain sell assign transfer and set over unto the said Lydia Ann Commins ALL that aforesaid messuage and dwelling house with the courtlages thereunto belonging which were by Indenture of Mortgage of the 14th of June 1816 so assigned as aforesaid for the residue of the said 99 years therein determinable on the deaths of the said Joseph Edyvean Commins Thomas Commins the Younger and Lydia Ann Commins AND ALSO all that aforesaid dwelling house with a garden plot behind the same ? by the said Indenture 28th day of June 1827 were so assigned as aforesaid for the said term of 99 years therein determinable on the death of the said Lydia Ann Commins TOGETHER with all and singular the rights members and appurtenances to the several premises hereby assigned belonging or in any wise appertaining (except as in the original Indentures of Lease thereof are excepted) AND AS the estate right title trust interest use property claim and demand whatsoever both at law and equity of them the said Thomas West and Catherine his wife Edward Pearce John Martyn Bligh Samuel West and Thomas Commins (party thereto) and each and every of them of in and out of the said several premises and each and every or any part thereof Together with the said Indentures of Lease TO HAVE AND TO HOLD all and singular the said premises hereby assigned into the said Lydia Ann Commins her executors administrators and assigns for and during the several residues and remainders of the said terms of 99 years and 99 years now to come and unexpired of and in the same respectively as aforesaid UNDER and SUBJECT to the payment of rent and observance and performance of the Covenants Conditions and Agreements in the said Indentures of Lease thereof respectively contained AND WHEREAS by an Indenture of Lease bearing date the 23rd day of September now last past made between the said mayor and Burgess then expressed to have been paid by the said Thomas West of the other part in consideration of the sum of £18 18/- to them the said Mayor and Burgess then expressed to have been paid by the said Thomas West the receipt whereof was thereby acknowledged They the said Mayor and Burgess with their mutual assent consent and agreement DID grant demise and lease unto the said Thomas West his executors administrators and assigns ALL that the aforesaid dwelling house with the garden plot behind the same situate in Bore Street aforesaid being the same dwelling house and garden plot as were formerly in the occupation of John Marshall and James Runnalls and then and now of Judith Cole TO HOLD the same (except as in the said lease is expressed) unto the said Thomas West his executors administrators and assigns for the full time and term of 99 years of Catherine Hocken West then aged 10 years and Thomas West then aged 9 years children of the said Thomas West or either of them should so long happen to live the said term to commence and begin upon and immediately after the death of the said Lydia Ann Commins NOW THIS INDENTURE FURTHER WITNESSETH that the said Thomas West as well for the considerations aforesaid as also in consideration of the further sum of 5/- of like lawful money to him now in paid by the said Lydia Ann Commins the receipt whereof is hereby acknowledged HATH granted bargained sold assigned transferred and set over and in and by these presents DOTH grant bargain sell assign transfer and set over unto the said Lydia Ann Commins her executors administrators and assigns ALL that the aforesaid dwelling house garden plot and premises situate and being in Bore Street aforesaid with the appurtenances late in the several occupations of the said John Marshall and James Runnalls and now of the said Judith Cole Together with all ways paths passages easements privileges and appurtenances to the same belonging or in any wise appertaining and all the estate right title interest term and terms of years yet to come and unexpired property claim and demand whatsoever of him the said Thomas West of into or out of the same or any part thereof TO HAVE AND TO HOLD the said dwelling house garden plot and premises hereinbefore mentioned and intended to be hereby assigned with the appurtenances (except before excepted) unto the said Lydia Commins her executors administrators and assigns for and during the term of 99 years therein assigned to commence and determinable as aforesaid subject nevertheless to the payment of the rent and to the observance and performance AND the said Thomas West for himself and for the said Catherine his wife and so far as related to his and their acts deeds and defaults and for his and her executors and administrators only and each of them the said Edward Pearce John Martyn Bligh and Samuel West for himself (so far as relates to his own acts deeds and defaults only ant not as to the acts deeds or defaults of the others or any other of them ) and for his separate and respective heirs executors and administrators (and not for the heirs executors or administrators of any others of them) doth hereby covenant declare and agree with and to the said Lydia Ann Commins her heirs executors administrators and assigns that they the said Thomas West and Catherine his wife Edward Pearce John Martyn Bligh and Samuel West or any or either or other of them have not nor hath at any time or times heretofore made done executed or knowingly omitted or committed or suffered or been party or parties privy or privies to any act deed matter or thing whatsoever whereby or by what means whereof the said several freehold and leasehold premises expressed and intended to be hereby released and assigned or any part thereof are is cause may be impeached charged incumbered in Title estate or devise otherwise howsoever IN WITNESS whereof the parties to those presents have hereunto set their hands and seals the day and year first above written
Thomas West Edward Pearce Samuel West
Catherine West J M Bligh Thomas Commins
Witnessed
H J Doogood
Clerk to Mr Bligh
Conveyancer Bodmin

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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document.