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THIS INDENTURE made the 26th day
of August in the year of Our Lord 1854 BETWEEN FRANCIS
GILBERT HAMLEY of Bodmin in the County of Cornwall a
Captain and Brevet Major in Her Majesties 12th Regiment
of Foot of the one part and EDMUND GILBERT HAMLEY of
Bodmin aforesaid Solicitor of the other part WHEREAS by
Indenture of Lease and Release bearing date respectively
the 11th and 12th days of October 1810 the Indenture of
Release being made between Charles Rashleigh Esquire of
the first part Sarah Hamley Widow of the second part and
John Pomeroy Clerk of the third part the messuage or
dwelling house and premises firstly described and also
the messuage or dwelling house secondly therein
described were conveyed and assured as to the first
mentioned premises which were of freehold and
inheritance unto and to the use of the said John Pomeroy
his heirs and assigns forever and as to the said
premises secondly mentioned which were Leaseholds held
for three lives to the use of the said John Pomeroy his
heirs and assigns during the natural lives of the
aforesaid three lives subject to the rents and covenants
reserved and contained in the lease of the said premises
on the part of the Lessee to be paid and performed AND
WHEREAS by Indenture of Lease and Release bearing date
the 27th and 28th days of December 1813 the Indenture of
Release being made between Elizabeth Peter Widow therein
described as one of the coheirs at law of the said John
Pomeroy (now deceased) of the one part and Joseph Hamley
Gentleman of the other part AFTER RECITING the said
hereinbefore lastly recited Indentures of Lease and
Release the death of the said John Pomeroy intestate
leaving the said Elizabeth Peter and Joseph Hamley his
only coheirs at law and that the said Elizabeth Peter
had contracted to sell her undivided moiety in the said
premises to the said Joseph Hamley for £367 10/- IT IS
WITNESSED that in consideration of the sum of £367 10/-
she the said Elizabeth Peter did grant release and sell
unto the said Joseph Hamley ALL THAT her undivided
moiety in all the aforesaid messuage described in the
said therein and hereinbefore recited Indenture of Lease
and Release (????????????)unto the use of the
said Joseph Hamley his heirs and assigns forever and as
to the premises secondly described to the before in part
recited Indenture of Lease granted by the said George
Hunt Esquire AND WHEREAS by Indentures of Lease and
Release bearing date respectively on or about the 20th
and 21st days of March 18?? The Indenture of Release
being made between Peter Edward Scobell Doctor of
Medicine of the one part and the said Joseph Hamley of
the other part ALL THOSE fields meadows closes or plots
of land contained by estimation half an acre of land or
thereabouts be the same more or les situated lying and
being in the said Borough of Bodmin and bounded on the
east with the lands of John Pomeroy Clerk then deceased
on the west by the lands then or late of Christopher
Sloggats deceased on the north with the back lane and on
the south with the North end of the Methodist Chapel in
the said Borough of Bodmin and then late in the
occupation of the said Peter Edward Scobell and then of
Nicholas Sibley with the appurtenances thereunto
belonging were conveyed and assured u8nto and to the use
of the said Joseph Hamley his heirs and assigns forever
AND WHEREAS by Indenture of Lease dated the 27th day of
January 1827 made between the Honourable Anna Maria Agar
widow of the one part and the said Joseph Hamley of the
other part the said Anna Maria Agar in consideration of
£120 and of the surrender of a former Lease of the said
premis4es secondly before mentioned and described in the
said hereinbefore lastly mentioned Indenture demised
unto the said Joseph Hamley all such last mentioned
premises by the description of ALL THAT piece of ground
together with the dwelling house erected on part thereof
situate lying and being in Bore Street in the Borough of
Bodmin TO HOLD unto the said Joseph Hamley his executors
administrators and assigns from the 29th day of
September then last past for the term of 99 years if the
said Joseph Hamley then aged about years the said
Francis Gilbert Hamley 10 years and Joseph Osbertus
Hamley then about 6 years the sons of the said Joseph
Hamley or either of them should so long live at the
yearly rent of £1 10/- and also 5/- by way of a heriot
AND WHEREAS by Indenture of lease and release bearing
date respectively on or about the 10th and 11th days of
March 1830 the Indenture of Release being made between
Richard Coom Gentleman of the one p[art and the said
Joseph Hamley of the other part all that plot of ground
in Burnards Lane situate within the Borough of Bodmin
bounded on the east and south by the lands of Richard
Wright on the north by a lane called Burnards a Back
lane and on the west by the lands of the said Joseph
Hamley and formerly in the possession of Christopher
Sloggatt was in consideration of £30 paid by the said
Joseph Hamley to the said Richard Coom conveyed and
assured by the said Richard Coom unto and to the use of
the said Joseph Hamley his heirs and assigns forever AND
WHEREAS by Indenture of Lease and Release and assignment
dated respectively the 24th and 25th days of March 1835
the Indenture of Release being made between the said
Joseph Hamley of the one part and William Courtenay and
Samuel Wriford both therein described of the other part
AFTER RECITING that the said Joseph Hamley was seized in
fee of the hereditaments therein described and also
reciting the said hereinbefore recited Indenture of
Lease of the 7th day of February 1827 IT WITNESSED that
in consideration of £700 by the said William Courtenay
and Samuel Wriford to the said Joseph Hamley in hand
paid HE the said Joseph Hamley and grant and release
unto the said William Courtenay and Samuel Wriford all
that messuage and plot of land aforesaid TO HOLD the
same with the appurtenances unto and to the use of the
said William Courtenay and Samuel Wriford their heirs
and assigns forever AND IT IS FURTHER WITNESSED that for
the consideration aforesaid the said Joseph Hamley did
assign unto the said William Courtenay and Samuel
Wriford their executors administrators and assigns all
that the said messuage or dwelling house and all and
singular other the premises comprised in and demised by
the said therein and hereinbefore recited Indenture of
Lease of the 7th day of February 1827 TO HOLD the same
with the appurtenances unto the said William Courtenay
and Samuel Wriford their executors administrators and
assigns from thenceforth for all the residue of the said
term of 99 years determinable as aforesaid upon trust to
reconvey on payment of the said sum of £700 and interest
on a certain day therein mentioned and since past AND
WHEREAS the said Joseph Hamley by his last will dated
the 17th day of December 1853 after making certain
bequests as therein mentioned devised all the residue of
his real and personal estate unto his 3 sons the said
Francis Gilbert Hamley and Edmund Gilbert Hamley and
Joseph Osbertus Hamley their heirs and assigns forever
equally between them share and share alike as tenants in
common and not as part tenants and appointed his said 3
sons Francis Gilbert Hamley Edmund Gilbert Hamley and
Joseph Osbertus Hamley joint executors of the said will
AND WHEREAS the said Joseph Hamley and on or about the
21st day of January 1854 without having altered or
revoked his said will which was proved by the said
Francis Gilbert Hamley and Edmund Gilbert Hamley in then
Archdeaconry Court of Cornwall on the 4th day of July
last AND WHEREAS the said principal sum of £700 still
remains due and owing to the said William Courtenay and
Samuel Wriford upon the said recited mortgage security
together with some arrear of interest AND WHEREAS the
said Edmund Gilbert Hamley hath contracted to purchase
the said one third part or share of the said Francis
Gilbert Hamley in the equity of redemption of the said
freehold and leasehold hereditaments and premises
subject to the said recited mortgage debt but free from
all other incumbrances or the sum of £51 10/- NOW THIS
INDENTURE FURTHER WITNESSETH that in pursuance of the
said recited contract and in CONSIDERATION of the sum of
£51 10/- sterling paid by the said Edmund Gilbert Hamley
to the said Francis Gilbert Hamley on the execution
hereof the receipt of which the said Francis Gilbert
Hamley hereby acknowledged and there from doth release
exonerate and forever discharge the said Edmund Gilbert
Hamley his heirs executors administrators and assigns HE
the said Francis Gilbert Hamley DOTH by these presents
grant release ratify and confirm unto the said Edmund
Gilbert Hamley and his heirs ALL THAT the said one
undivided third part or share of him the said Francis
Gilbert Hamley of and in the equity of redemption of
FIRST ALL THAT messuage or dwelling house plot or close
of land thereunto adjoining situate lying and being in
the Borough of Bodmin in a certain Street there called
Fore Street and formerly the lands of Elizabeth the wife
of John Pomeroy Esquire deceased and Catherine
Pennington and late of the said Joseph Hamley deceased
SECONDLY of and in ALL THOSE the aforesaid two fields
meadows closes or plots of land and all and singular
other premises so as aforesaid granted released conveyed
and assured by the said Peter Edward Scobell unto and to
the use of the said Joseph Hamley deceased by the said
hereinbefore recited Indenture of Lease and Release of
the 20th and 21st days of March 1814 THIRDLY of and in
ALL THAT the aforesaid plot of land in Bernards Lane
situate within the said Borough of Bodmin and so
conveyed and assured unto and to the use of the said
Joseph Hamley by the said hereinbefore recited Indenture
of Lease and Release of the 10th and 11th days of March
1830 AND all rights members and appurtenances to the
said hereditaments and premises firstly secondly and
thirdly hereinbefore described belonging or appertaining
AND all the estate benefit right of redemption property
claim and demand of him the said Francis Gilbert Hamley
therein TO HAVE AND TO HOLD the said messuage or
dwelling house plot or close of land fields meadows
closes or plots of land thereunto adjoining and also the
said plot of ground in Bernards Lane and all and
singular other the premises firstly secondly and thirdly
hereinbefore described and hereby granted and released
with their appurtenances (but subject nevertheless and
chargeable with the said hereinbefore recited mortgage)
unto the said Edmund Gilbert Hamley and his heirs TO THE
USE of the said Edmund Gilbert Hamley his heirs and
assigns forever AND IT IS HEREBY DECLARED that no widow
of the said Edmund Gilbert Hamley shall be entitled to
Dower out of the said hereditaments and premises hereby
granted and released or any part of the same THIS
INDENTURE ALSO WITNESSETH that in the further pursuance
of the said recited contract and for the consideration
hereinbefore expressed the said Francis Gilbert Hamley
DOTH by these presents assign transfer set over and
confirm unto the said Edmund Gilbert Hamley his
executors administrators and assigns ALL THAT the said
individual third part or share of him the said Francis
Gilbert Hamley of and in the equity of redemption of ALL
THAT other messuage or dwelling house situate lying and
being in the said Borough of Bodmin in the aforesaid
street called Fore Street and all and singular other the
premises mentioned and comprised in the said
hereinbefore recited Indenture of Lease of the 27th day
of February 1827 all which said last mentioned messuages
or dwelling house together with the said freehold
messuage or dwelling house firstly hereinbefore
described are adjoining such other and the both now all
and for some time past have been occupied as one house
and were lately in the possession and occupation of the
said Joseph Hamley deceased And all rights members and
appurtenances to the last mentioned premises belonging
or appertaining And all the estate right title interest
benefit and right of renewal property claim and demand
whatsoever of him the said Francis Gilbert Hamley
therein TO HAVE AND TO HOLD the said undivided third
part of and in the said messuage or dwelling house and
all and singular other the premises hereinbefore lastly
described and hereby assigned with the appurtenances but
subject to the said recited mortgage as aforesaid unto
the said Edmund Gilbert Hamley his executors
administrators and assigns from henceforth for all the
unpaid residue of the said term of 99 years determinable
as aforesaid And for all other the estate form and
interest of him the said Francis Gilbert Hamley therein
AND the said Francis Gilbert Hamley doth hereby for
himself his heirs executors and administrators covenant
with the said Edmund Gilbert Hamley his heirs executors
administrators and assigns that notwithstanding any act
done or permitted by him the said Francis Gilbert Hamley
or the said Joseph Hamley deceased to the contrary that
he the said Francis Gilbert Hamley is at the time of the
sealing and delivery of these presents seized in fee of
the equity of redemption of the said one third part of
the freehold hereditaments and premises hereinbefore
described and hereby granted and released and also
absolutely entitled to the equity of redemption of one
third part of the Leasehold premises hereinbefore
described and hereby assigned for all the unexpired
residue of the said term of 99 years determinable as
aforesaid AND ALSO that notwithstanding any such act as
aforesaid the said hereinbefore recited Indenture of
Lease of the 27th day of February 1827 is a good valid
and subsisting lease for the term hereby expressed to be
granted AND ALSO that notwithstanding any such act as
aforesaid the said Francis Hamley has good right to
convey and assign the said one third part or share of
the equity of redemption of the said freehold and
leasehold hereditaments and premises unto and to the use
of the said Edmund Gilbert Hamley his heirs executors
administrators and assigns according to the natures and
qualities of the said premises respectively in manner
aforesaid according to the true intent and meaning of
these presents AND FURTHER that subject and chargeable
with the said recited mortgage and as to the freehold
portion of the premises to the rents heriots and
covenants contained in the said lease of the said
premises to the undivided third part and in the same
freehold and leasehold hereditaments and premises hereby
granted and released and also assigned shall or may from
time to time and at all times hereafter be held and
enjoyed accordingly without any lawful let or suit
eviction interruption or disturbance of or by the said
Francis Gilbert Hamley or any other person or persons
whomsoever rightfully claiming under him the said Joseph
Hamley and that free from all incumbrances (except the
said recited mortgage) made or created by the said
Francis Gilbert Hamley or of the said Joseph Hamley
deceased or any person or persons rightfully claiming
under them or either of them except the rents heriots
and covenants contained in the said recited Lease on the
Lessees part to be paid observed and performed and as
appears by these presents AND MOREOVER that the said
Francis Gilbert Hamley and all persons rightfully
claiming and estate or interest in the said third part
of the said freehold and leasehold hereditaments and
premises hereby granted and released and also assigned
under or in trust for him the said Francis Gilbert
Hamley or the said Joseph Hamley deceased except persons
claiming in respect of the said recited mortgage
security shall and will from time to time to him and at
all times hereafter at the request and costs of the said
Francis Gilbert Hamley his heirs executors
administrators and assigns (but without prejudice to the
said recited mortgage) make do acknowledge enter into
execute and perfect all such further assurances for the
more perfectly or satisfactory assuring and confirming
the said freehold and leasehold hereditaments and
premises unto and to the use of the said Edmund Gilbert
Hamley his heirs executors administrators and assigns
according to the nature and qualities of the said
premises and the true intent and meaning of these
presents as the said Edmund Gilbert Hamley his heirs
executors administrators or assigns or his or their
Counsel in the law shall require and as shall be
tendered to be done and executed AND the said Edmund
Gilbert Hamley doth hereby for himself his heirs
executors and administrators covenant with the said
Francis Gilbert Hamley his heirs executors
administrators or assigns that he the said Edmund
Gilbert Hamley his heirs executors administrators will
pay off and discharge the proportionate part of the said
mortgage debt so chargeable on the said house and
premises and to which the said Francis Gilbert Hamley
his heirs executors or administrators would otherwise be
liable in respect of his said one third undivided part
of the same premises hereby conveyed and assigned and
all interest now or hereafter to become due in respect
of the same and also shall and will from time to time
and at all times hereafter save defend keep harmless and
indemnified the said Francis Gilbert Hamley his heirs
executors and administrators and his and their lands and
tenements goods and chattels of and from the same and
every part thereof IN WITNESS whereof the said parties
to these 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. |