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