|
Return to
Egloshayle
Parish Page
|
|
THIS INDENTURE made the 7th day of July
1854 BETWEEN Benjamin Jacobs of Saint Teath in the
County of Cornwall Labourer of the first part Mark
Hennaway Hooper ands William Tombs all of Exeter
Esquires the Trustees of the Provident Permanent Benefit
Building Society of the second part and Robert Nute of
Saint Teath aforesaid Butcher of the third part WHEREAS
by Indenture dated the 30th day of December 1850 and
made between the said Benjamin Jacobs of the first part
John Lakeman of Egloshayle Cornwall of the second part
and the said parties hereto of the second part of the
third part the piece of land and hereditaments
hereinafter described and hereby assigned or intended so
to be were amongst other messuages lands and
hereditaments assigned unto the said parties hereto of
the second part the executors administrators and assigns
for the residue of 2 certain terms of 99 years (created
by a certain Indenture of Lease dated the 9th day of
July 1836) save the last day thereof determinable on the
deaths of Celia Martin Jacobs Jonathan Jacobs and
Benjamin Jacobs the Younger the children of Benjamin
Jacobs party hereto subject to the yearly rent of GBP1
14 9 upon certain trusts for securing to the said
parties hereto of the second part the quarterly payments
of GBP5 17 6 for the term of 14 years from the 3rd day
of March then next AND WHEREAS by another Indenture
dated on or about the 17th day of November 1852 and made
between the said Benjamin Jacobs of the one part and the
said parties hereto of the second part of the other part
the piece of land hereinafter assigned was with other
lands and messuages charged with the payment of the
further quarterly sum of GBP1 1 6 for the term of 14
years from the 7th day of February then next AND WHEREAS
subject to the aforesaid charges the said Benjamin
Jacobs is possessed of and entitled to the said piece of
land for the residue of the said term of 99 years
determination and subject as aforesaid AND WHEREAS the
said Benjamin Jacobs hath contracted with the said
Robert Nute for the sale to him of the said
hereditaments hereinafter described and assigned for the
residue of the said term of 99 years freed from the
charges created by the said Indenture of Lease of the
30th December 1850 (5 lines washed out with water damage
MMc) to them in part of the said quarterly payments as
aforesaid NOW THIS INDENTURE WITNESSETH that in
pursuance of the contract and in consideration of the
sum of GBP8 of lawful British money now paid by the said
Robert Nute at the request of the said Benjamin Jacobs
testified by his execution hereof to the said parties
hereto of the second part in part satisfaction of the
monies secured upon the said in part recited Indenture
the receipt of which said sum the said parties hereunto
of the second part do hereby acknowledge and there from
do hereby release and discharge the said Robert Nute and
also the said Benjamin Jacobs respectively and their
respective heirs executors administrators and assigns
the said parties hereunto of the second part according
to their respective estates and interest and so far as
they can lawfully or may and no further or otherwise and
at the instance and request of the said Benjamin Jacobs
DO and each of them DOTH hereby transfer and assign and
the said Benjamin Jacobs DOTH hereby grant assign and
confirm unto the said Robert Nute his executors
administrators and assigns and confirm unto the said
Robert Nute his executors administrators and assigns ALL
that piece of land situate adjoining the street in the
village of Medrose in Saint Teath aforesaid and
adjoining a house now occupied by the said Benjamin
Jacobs which piece of land is part of the said
hereditaments comprised in the aforesaid securities and
now used as a garden together with all or any buildings
erected on the same and bounded on the North by Benjamin
Jacobs House and containing in admeasurement on that
side about 75 feet and bounded on the south by Robert
Nutes property and containing by admeasurement on that
side 75 feet and bounded on the west by Simon Orchards
property and containing by admeasurement on that side
about 36 feet and which plot of land intended to be
hereby conveyed is more particularly described in the
plan hereunto annexed and is therein coloured green and
forms part of other property included in the said
Indenture of Lease and all rights members and
appurtenances to the same belonging or used or occupied
therewith or reputed to belong thereto and all the
estate right title interest claim and demand of the said
parties hereto of the first and second parts in to or
out of the said piece of land and premises hereby
assigned TO HAVE AND TO HOLD the said piece of land and
premises hereby assigned or intended so to be unto the
use of the said Robert Nute his heirs executors
administrators and assigns from henceforth freed and
absolutely discharged from the monies secured by the
hereinbefore Indentures of the 30th December 1850 and
the 17th day of November 1852 and during the now residue
and remainder of the said term of 99 years created and
determinable as aforesaid subject nevertheless to the
covenants conditions and provisos contained in the said
Indenture of Lease of the 9th of July 1836 so far as the
same respectively relate to the land and premises hereby
assigned and subject to the payment of the yearly rent
of seven shillings and six pence as the app? And
proportionate rent of GBP1 14 9 reserved in such Lease
AND the said parties hereto of the second part so far
only as concerns there respective acts and defaults for
themselves respectively and their respective heirs
executors and administrators hereby severally covenant
with the said Robert Nute his executors administrators
and assigns that the said Covanture respectively have
not done or knowingly permitted or been privy to any act
matter deed or thing by which the said hereditaments
hereby assigned or intended so to be or any part thereof
are is or shall be incumbered or otherwise prejudicially
effected in title estate or otherwise howsoever as
aforesaid AND that the said Indenture of Lease of 9th
July 1836 is valid and subsisting and the covenants
therein duly observed up to the date hereof AND that the
said hereditaments hereby assigned and the rents and
profits thereof shall or may at all times hereafter
during the said term of 99 years be peaceably and
quietly held received and enjoyed accordingly without
any eviction or denial of the said Benjamin Jacobs or
any other person or persons rightfully claiming or to
claim through under or in trust for him free and clear
or by the said Benjamin Jacobs his heirs executors
administrators or assigns effectually kept indemnified
from or against all former or other estates rights
titles and incumbrances incumbered created or occasioned
by the said Benjamin Jacobs or any person or persons
claiming or to claim through under or in trust for him
or by his act default privity or procurement AND ALSO
that the said Benjamin Jacobs and every person
rightfully claiming and to claim any estate right title
or interest in or to the said hereditaments through
under or in trust for him will at any time or timer
hereafter at the requests and cost of the said Robert
Nute his heirs and assigns for the remainder of the said
term of 99 years according to the true intent and
meaning of these presents as by him or them or his or
their counsel shall be reasonably advised and required
AND FURTHER that he the said Benjamin Jacobs his heirs
and assigns shall and will at all times hereafter on the
request and at the costs of the said Robert Nute his
executors administrators and assigns produce and show
forth to him or them the several hereditaments hereby
assigned and intended so to be and which (missing) may
hereafter be in the (missing 5 lines MMc) to pay
the yearly sum of seven shillings and six pence being
the apportioned ground rent of GBP1 14 9 reserved in the
said Indenture of Lease and also perform the covenants
as on the ? part in the same Indenture of Lease are to
be paid ? and kept so far as respects the lands hereby
assigned and will keep the said Benjamin Jacobs his
heirs executors administrators an assigns indemnified
there from IN WITNESS whereof the said parties to these
presents have hereunto set their hands and seals the day
and year first above written
Return to
Egloshayle
Parish Page
|
|
Contributed by Malcolm McCarthy who has the original document. |