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THIS INDENTURE made the 13th day of September 1895 BETWEEN ROBERT PHILLIPPS EDYVEAN of Bodmin in the County of Cornwall Gentleman of the first part BERNARD FLAMANK EDYVEAN of the same place Gentleman of the second part and JANE WILLIAMS of Boscarne in the Parish of Bodmin (wife of Charles Williams) of the third part WHEREAS under the Will dated the 28th day of May 1855 and proved on the 19th day of October 1859 of Jenny Beer Phillipps late of Bodmin aforesaid Spinster deceased the hereditaments hereby appointed stand settled in the events which have happened to the use of the said Bernard Flamank Edyvean as request in tail male with divers remainders over and the said Robert Phillipps Edyvean as Trustee of the said Will has power at his discretion to sell and –assure in manner hereinafter expressed the fee simple of the same Hereditaments and to give and effectual discharge for the purchase money thereof AND WHEREAS the said Robert Phillipps Edyvean in exercise of the said power of sale has agreed with the said Jane Williams for the sale to her of the fee simple in possession of the said Hereditaments for the sum of £175 NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of £175 now paid to the said Robert Phillipps Edyvean by the said Jane Williams out of manner belonging to her for her separate use ( the receipt whereof the said Robert Phillipps Edyvean doth hereby acknowledge) the said Robert Phillipps Edyvean AS TRUSTEE of the said Will and in exercise of every power enabling him in this behalf whether under the said Will or otherwise doth hereby revoke all the uses trusts and limitations of and concerning the Hereditaments hereinafter described and intended to be hereby appointed which are now subsisting or capable of taking effect under the said Will AND doth hereby appoint ALL those 3 fields or closes of lands commonly called or known by the names of Three Sides Higher Meadows and Lower Meadow situate near Nanstallon in the said Parish of Bodmin and being Nos 3027 and 3026 in the said the Tithe Apportionment Map and Book of Reference thereto for the said parish therein stated to contain 2 roods and 4 poles and 4 acres and 12 poles respectively (less a small portion of No 3026 recently conveyed to the Wesleyan Trustees) now in the occupation of William Pascoe for the residue of a term of 21 years from the 25th day of December 1880 created by and Indenture of Lease dated the 1st day of January 1881 shall henceforth remain and be TO the use of the said Jane Williams her Heirs and Assigns SUBJECT to the said Indenture of Lease and the Term hereby granted AND IT IS hereby declared that the same covenants shall be deemed to be implied by these presents on the part of the said Bernard Flamank Edyvean for the title to and further assuring of the said premises hereby assured as if he had been expressed to assure the same as beneficial owner AND the said Bernard Flamank Edyvean hereby acknowledges the right of the said Jane Williams to the production and delivery of copies of the said Probate of the Will of the said Jenny Beer Phillipps and of the Counterpart of the said Indenture of Lease of the 1st day of January 1881 which are now in the possession of the said Bernard Flamank Edyvean and hereby undertakes with the said Jane Williams for the safe custody of the same documents 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. |