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(This indenture is in terrible condition
with large sections missing, I have attempted to
transcribe, as it has a lot of names in it, apologies
for my feeble attempt. MMc)
THIS INDENTURE MADE the 26th day of March in the year of
our lord 1847 in pursuance of the Statute for rendering
a release as effectual for the conveyance of Freehold
Estates as a Lease and Release by the same parties
BETWEEN EDWARDS ROBERTS BROWN of Plymouth in the County
of Devon Merchant ROBERTS BROWN of the Borough of Bodmin
in the County of Cornwall Methodist Minister JOHN BROWN
of the City of London Draper THOMAS BROWN of the Parish
of Egloshayle in the said County of Cornwall Yeoman
SUSANNA BROWN and ELIZABETH BROWN both of Egloshayle
aforesaid spinsters WILLIAM BROWN of the same Parish of
Egloshayle Yeoman Devisee and Executor named in and
appointed by the last Will and Testament of his son
Ralph Brown late of the same parish of Egloshayle
Mariner deceased) STEPHEN WADE THOMAS WADE RALPH WADE
and CHARLES WADE all of the parish of Tintagel in the
said County of Cornwall yeoman MITCHELL BROWN WADE late
of Tintagel aforesaid but now of the City of London
Master Mariner ARTHUR WADE of Boscastle in the said
County of Cornwall Surgeon THOMAS ELFORD of Seacombe in
the County of Chester Accountant and SUSANNA his wife
formerly Susanna Wade SAMUEL PHILP late of Wadebridge in
the said County of Cornwall and now of Plymouth
aforesaid Merchant and ELIZA his wife and MARY FRANCES
PHILP of Wadebridge aforesaid Spinster of the first part
EDMUND HAMBLY of Wadebridge aforesaid Gentleman of the
second part The aforesaid WILLIAM BROWN and JOSEPH PHILP
of Wadebridge aforesaid (missing) and grocer of the
third part and RICHARD WATTS of the parish of Saint
Teath in the said County of Cornwall Yeoman of the third
part (missing) of the parish of Egloshayle aforesaid
Yeoman deceased being at his death and ? of the date
(missing) absolutely entitled to the Messuage and
Tenements (missing) hereafter described and intended to
be hereby granted and released (missing) inheritance in
fee simple in possession And every ? possessed of and
well and sufficiently entitled to (missing) of Land
hereinafter described and intended to be hereby assigned
for all the rest residue and remainder of a term of 1000
years created in and by a certain Indenture of D?
bearing date the 27th day of June 1776 made between
Thomas Bunt of one part and Richard Ra??le of the other
part and by his last Will and Testament in writing
bearing date the 12th day of April 1823 duly executed
attested for the devise of real Estate give and devise
(inter alia) ALL that his freehold estate called
Treroosal being the Messuage and Tenement hereinafter
(missing) and intended to be hereby granted and released
unto William Wade of Tintagel aforesaid his heirs and
assigns forever In Trust after the decease of Testators
wife subject to an annuity of £? To Testators daughter
Mary Philp for and during her life for all and every his
grandchildren and children of his sons William Brown and
Ralph Brown and his daughters Susanna the wife of
Stephen Wade and Mary the wife of Joseph Philp or such
of them or his said Grandchildren as should be living at
the time of his the said Testators death their heirs and
assigns for ever and equally divided between them share
and share alike as Tenants in Common and not as Joint
Tenants And the same Testator did give devise and
bequeath ALL the rest residue and remainder of his real
and personal estate and effects of what nature or kind
so ever and where so ever unto his wife Honor Brown and
his son William Brown their heirs executors
administrators and assigns respectively for ever equally
to be divided between them share and share alike as
tenants in Common and not as Joint Tenants AND the said
testator appointed the said Honor Brown and William
Brown executors of his said AND WHEREAS the said Ralph
Brown the Testator departed this life soon after the
date of his said Will without deterring or revoking same
and which was duly proved by the said William Brown one
of the Executors therein named on the 26th day of April
1825 in the Consistorial Court of the Bishop of Exeter
AND WHEREAS the said Honor Brown by her last Will and
Testament in writing bearing date the 20th day of June
1825 After giving certain pecuniary bequests gave and
bequeathed And the rest residue and remainder of her
goods chattels and effects credits and personal estate
that she should be possessed of at the time of her death
unto her son Thomas Brown his executors administrators
and assigns And also appointed the said Thomas Brown
sole Executor of her the said will And the said
Testatrix departed this life without altering or
revoking the same and which was (missing) by the said
Thomas Brown in the Consistional Court of the Bishop of
Exeter on the 26th day of June 1826 AND WHEREAS
(missing) (Thomas I think MMc) Brown by his last will
and testament bearing date the 12th day November 1832
after giving certain pecuniary bequests gave devised and
bequeathed (missing) rest residue and remainder of his
real and personal estate whether Freehold Copyhold or
otherwise and other his estate and effects whatsoever
unto his brother in law the said Joseph Philp his heirs
and assigns forever AND the said testator appointed the
said Joseph Philp Executor of the said Will and departed
this life the day of 1833 (missing) or revoking the same
and which said Will was duly proved in the same
Consistional Court of the Bishop of Exeter by the same
Joseph Philp AND WHEREAS the (missing) Eldred Roberts
Brown Roberts Brown John Brown Thomas Brown Susanna
Brown Elizabeth Brown Ralph Brown deceased Stephen Wade
Thomas Wade and Mary the wife of Joseph Philp and are
the grandchildren of the said Ralph Brown the Testator
who were living at the time of his death AND WHEREAS
(missing) the son of the said Ralph Brown the testator
without leaving children or child AND WHEREAS the said
Ralph Brown the son of the said William Brown and one of
the grandchildren of the said Ralph Brown the Testator
deceased by his last Will and Testament in writing
bearing date the 31st day of January 1840 duly executed
and attested gave devised and bequeathed ALL his real
and personal Estate whatsoever and of what nature or
kind so ever and where so ever situate unto his father
the said Thomas Brown his heirs executors and
administrators and assigns and thereby appointed the
said William Brown executor thereof And the said
Testator departed this life without altering or revoking
the sane And which said Will was proved by the said
William Brown Executor in the Consistorial Court of the
Bishop of Exeter on the 14th day of December 1844 AND
WHEREAS by Indenture bearing date the 9th day of January
1846 and made in pursuance of the Act of Parliament
hereinbefore referred to between the aforesaid Samuel
Philp of the one part and the said Edmund Hambly of the
other part All that one sixteenth part of the said
Messuage or tenement and hereditaments hereinafter
described and intended to be hereby granted and released
was granted and assured unto the said Edmund Hambly his
Heirs and Assigns Subject nevertheless to a proviso
therein contained for redemption thereof on payment by
the same at the time and in manner therein mentioned AND
WHEREAS the said sum of £70 still remains due and owing
from the said Samuel Philp to the said Edmund Hambly And
WHEREAS THE SAID several parties hereto of the first and
third parts have contracted and agreed with the said
Richard Watts Philp for the absolute sale to him of All
and singular the said Freehold and Leasehold
hereditaments and premises hereinafter particularly
described and intended to be hereby granted and released
and assigned respectively free from incumbrances Except
the said Annuity of £5 to the said Mary Philp during her
life at or for the price or sum of £1100 out of which
sum it hath been agreed that the sum of £70 shall be
paid to the said Edmund Hambly in full satisfaction of
the aforesaid Mortgage debt and interest NOW THIS
INDENTURE WITNESSETH that in pursuance of the said
Agreement and Consideration of the sum of £70 of lawful
money of Great Britain paid to the said Edmund Hambly by
the said Richard Watts Philp at or before the sealing or
delivery of these presents at the request and by the
direction of the said several persons parties hereto of
the first and third parts testified by their severally
Executing these presents the receipt of which said sum
of £70 and that the same is in the full satisfaction and
discharge of the said Mortgage debt and Interest and in
Exoneration there from of the hereditaments and premises
hereinafter described and intended to be hereby granted
and released the said Edmund Hambly doth hereby
acknowledge and thereof and here from dothe absolutely
quit release and discharge as well the said Richard
Watts Philp his heirs executors administrators or
assigns as the hereditaments and premises hereby granted
and released and intended so to be And also in
consideration of the sum of £1030 of like lawful money
at the same time paid by the said Richard Watts Philp to
the said several persons parties hereto of the first and
third parts the receipt of which (missing)making
together a sum of £1100 the purchase money aforesaid
they the said several persons parties hereto of the
first and third parts as hereby admit and acknowledge
and of and from the same and every part thereof do and
each of them doth hereby acquit release and discharge
the said Richard watts Philp his heirs executors
administrators and assigns And they the said Eldred
Roberts Brown Roberts Brown John Brown Thomas Brown
Susanna brown Elizabeth Brown William Brown (as devisee
of his son the said Ralph Brown as aforesaid) Stephen
Wade Thomas Wade Ralph Wade Charles Wade Mitchell Brown
Wade Arthur Wade Thomas Elford and Susanna Samuel Philp
and Eliza his wife and Mary Francis Philp they the said
Elford and Eliza Philp acting therein of their own
freewill and by and with their respective Husbands DO
and each and every of them DOTH by these presents to be
duly acknowledge release convey and confirm And they the
said William Brown and Joseph Philp DO and each of them
DOTH hereby release and confirm unto the said Richard
Watts Philp his heirs and assigns ALL THAT Messuage and
tenement and hereditaments with the appurtenances
commonly called or known by the name of TROSWELL And
also of the same in all those several fields or closes
of land there commonly called or known by the name of
The Town Place, The Undertown, Below the House, The Long
Park thereunto adjoining The Meadow lying at the head
thereof The Above Town adjoining with Bodwin Lane The
Spring Close adjoining with the Above Town The Underway
below the Lane and The Little Down at the head thereof
The Down Head adjoining with the Spring Close and Little
Down and Trosewell Green bounded on the North with
Trosewell Water All which said several respective
premises are situate lying and being in the same parish
of Saint Teath and were formerly the Lands and
Inheritance of one John Parnell since of William Bant
then in the holding or possession of Mary Bant and
lately in the occupation of John Fry and now in the
occupation of William Perry and particularly mentioned
and intended to be hereby granted and released belonging
or in any wise appertaining or with the same usually
occupied or enjoyed or deemed taken or known as part
parcel or member thereof or any part thereof And the
Reversion or Reversions remainder and remainders yearly
and other rents issues and profits thereof and of every
part thereof AND all the estate right title interest
inheritance use trust and property benefit claim and
demise whatsoever both at law and in equity of the said
several persons parties hereto of the first and second
parts and or either of them into all (missing) the same
hereditaments and premises and every part thereof TO
HAVE AND TO HOLD the same Messuage or Tenement Lands
hereditaments and all and singular other premises
mentioned and inheritance to be hereby granted and
released or otherwise assured with the appurtenances
(freed and discharged from the hereinbefore recited
mortgage and all the principal money and Interest and
therein) But subject nevertheless to the payment of the
said annuity of £5 to the said Mary Philp during her
life as aforesaid unto the said Richard Watts Philp his
heirs and assigns TO THE USE of the said Richard Watts
Phip his heirs and assigns for ever AND the said Richard
Watts Philp hereby declared that no wife of his who may
become his widow shall be entitled to Dower out of the
said hereditaments and premises hereby granted and
released or mentioned and intended so to be or any part
thereof AND the said Edmund Hambly doth hereby for
himself his Heirs Executors and Administrators covenant
and declare and agree with the said Richard Watts Philp
his heirs and assigns That the said Edmund Hambly hath
not at any time heretofore made done committed or
executed any Act deed mater or thing whereby the said
hereditaments and premises are is can shall or may be
charged or incumbered in Title Estate or otherwise
howsoever AND THIS INDENTURE FURTHER WITNESSETH that in
further pursuance and performance of the said Agreement
and for the consideration hereinbefore expressed THEY
the said William Brown and Joseph Philp DO and each of
them DOTH by these presents grant bargain sell assign
transfer and set over And the said Eldred Roberts Brown
Roberts John Brown Thomas Brown Susanna Brown Eliabeth
Brown William Brown Stephen Wade Thomas Wade Ralph Wade
Charles Wade Mitchell Brown Wade Arthur Wade Thomas
Elford and Susanna his wife Samuel Philp and Eliza his
wife and Mary Francis Philp DO and each and every of
them DOTH by these presents grant bargain sell assigns
transfer and set over unto the said Richard Watts Philp
his executors administrators and assigns ALL THOSE 3
several fields closes or parcels of land commonly called
or known by the name of TREWOASALL MEADOWS situate lying
and being in the Parish of Saint Teath aforesaid
formerly in the possession of Elizabeth Nicholls
afterwards Jane and Joan Eustace then of Nicholas Bunt
afterwards of Thomas Bunt lately in the occupation of
John Fry and now of William Perry and are particularly
described in the plan therein endorsed on the 3rd skin
of these presents and coloured pink TOGETHER with all an
singular ways paths passages waters watercourses rights
members thereof AND the Reversion and Reversions
remainders and remainders yearly and other rents issues
and profits whereof AND all the estate right title
interest term of years property possession benefit claim
and demand whatsoever of them the same several parties
hereto of the first and third parts or any or either of
them of in to or out of the same hereditaments and
premises and every part thereof TO HAVE AND TO HOLD the
said fields closes or parcels of land hereditaments and
all and singular other the premises hereby assigned or
intended so to be and every part and parcel thereof with
their and every of their appurtenances unto the said
Richard Wallis Philp his Executors Administrators and
Assigns from here henceforth for and during all the rest
residue and remainders now to come and unexpired of the
said term of 1000 years granted or created in and by the
hereinbefore recited Indenture of the 27th of June 1776
and for all other the Estate term and Interest
whatsoever of any of the said several parties hereto of
the first and third parts or either of them therein AND
they the said Eldred Roberts Brown William Roberts Brown
John Wade Brown Thomas (missing) Brown William Brown (as
devise under the (missing) son Ralph Brown deceased
Stephen Wade Ralph Wade Charles Wade Mitchell Br
(missing) Arthur Wade Thomas Elford Samuel Philp Mary
Francis Philip William Brown and Joseph Philp severally
and apart from the other of therein and as to and
concerning each of their own separate acts deeds and
defaults and the acts deeds and defaults of the
respective wives but not further or otherwise doth
hereby for himself and themselves and their respective
wives of his and their heirs executors and
administrators Covenant and declare with and to the said
Richard Watts Philp his heirs and assigns for and in
respect of the said Freehold Lands and Hereditaments
hereby granted released and assured or intended so to be
AND for and in (missing) of the said leasehold
hereditaments and premises hereby assigned or intended
so to be in manner following that is to say That
notwithstanding any Act matter or thing done committed
or suffered by the said several persons parties hereto
of the first part they now have in themselves or some or
one of them in himself good right full power and lawful
and absolute authority to grant release or otherwise
assure the said Freehold hereditaments hereby released
or intended so to be unto and to the use of the said
Richard Watts Philp his heirs and assigns in manner
aforesaid and according to the true intent and meaning
of these presents AND that the said several persons
parties hereto of the first and third parts have or some
or one of them hath in himself or themselves good right
and absolute use only to assign the said fields and
closes of land and hereditaments hereby assigned or
intended so to be for all the rest residue and remainder
of the said term of 1000 years unto the same Richard
Watts Philp his executors administrators and assigns
respectively from time to time and at all times
hereafter peaceably and quietly to enter in and upon and
hold and enjoy the said Freehold premises hereby
released and assured or intended so to be And to hold
and enjoy the said Leasehold premises and assigned or
intended so to be during the residue of the said term of
1000 years and every part of the same Freehold and
Leasehold hereditaments premises respectively and to
take the rents and profits of the said sum respectively
without any interruption or denial whatsoever from or by
the said several persons parties hereto of the first and
third parts or any other person or persons whomsoever
AND ALSO that free and clear and freely and clearly and
absolutely granted and released executed and discharged
or otherwise by the said several persons or parties
hereto of the first and third parts their heirs and
executors and administrators well and sufficiently
(missing) kept harmless and indemnified of in and
against all former and other estate Titles Lieu’s
Charges and Incumbrances whatsoever made done executed
or occasioned by the said several persons or parties
hereto of the first and third parts and their heirs
executors administrators or any other person or persons
rightfully claiming or to claim by from through
(missing) or in trust for them or any or either of them
(except the said annuity of £5 payable forever) AND
MOREOVER that they the said several persons (missing)
first and third parts and their heirs executors and
administrators shall and every other person and persons
whatsoever having or rightfully claiming any estate
right (missing) Interest at Law or Equity into and upon
the said Freehold and Leasehold Hereditaments and
Premises hereby respectively released and assigned or
intended so to be (missing) part thereof shall and will
from time to time and at all times hereafter upon every
reasonable request and at the Costs and Charges of the
said Richard Watts Philp his executors administrators or
assigns make do acknowledge execute and perfect all and
every such other lawful and reasonable Acts deeds
conveyances assignments or assurances in the law
whatsoever for the more effectually and satisfactorily
releasing confirming and otherwise assuring the said
Freehold hereditaments hereby released or intended so to
be unto the said Richard Watts Philp his Heirs and
Assigns And also for assigning or otherwise assuring the
said Leasehold premises hereby assigned or intended so
to be unto the said Richard Watts Philp his executors
administrators and assigns during the residue which
shall be then to come and unexpired of the said Term of
1000 years or as he or they shall direct according to
the true intent and meaning of these presents as by the
said Richard Watts Philps his heirs executors
administrators or assigns or his or their Counsel in the
Law shall be reasonably devised advised and required IN
WITNESS whereof the parties aforesaid to these presents
their hands and seals have set the day and year first
skin written
Signed
Eldred Roberts Brown
Roberts Brown
John Brown
Thomas Brown
Susana Brown
Eliabeth Brown
William Brown
Stephen Wade
Ralph Wade
Charles Wade
? Wade
Arthur Wade
Thomas Elford
Susana Elford
Samuel Philp
Eliza Philp
Mary Francis Philp
Edmund Hambly
Joseph Philp
Richard Watts Philp
Thomas Wade
(In the Margin
THIS DEED marked A was this day produced before us and
acknowledged by Susanna Elford therein named to be her
act and deed previous to which acknowledgement the said
Susanna Elford was examined by us separately apart from
her husband touching her knowledge of the contents of
the said deed and her consent thereto and declared the
same freely and voluntarily executed by her AS WITNESS
our hands this 26th day of March 1847
Edward G Dean
G ? Duncan Perpetual Commissioners)
THIS DEED marked A was this day produced before us and
acknowledged by Eliza Philp therein named to be her act
and deed previous to which acknowledgement the said Elia
Philp was examined by us separate and apart from her
husband touching her knowledge of the contents of the
said deed and her consent thereto and declared the same
freely and voluntarily executed by her AS WITNESS our
hands this 17th day of April 1847
WJ Pearce
Richard Symons Commissioners
Signed on reverse
Mary Spooner
Charles Henry Shaw Veal
Richard Symons
William Jennings
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