|
|
||
|
THIS INDENTURE made the 26th day of December in the year of Our lord 1837 BETWEEN SAMUEL TREVATHAN of Leigh Street Burton Crescent in the County of Middlesex Upholsterer of the first part WILLIAM COCK of Rock in the Parish of Saint Minver in the County of Cornwall Master Mariner of the second part WILLIAM GRAY of the Parish of Endellion in the said County Yeoman of the third part and WILLIAM BROWNE of Saint Kew in the said County of Cornwall Yeoman of the fourth part WHEREAS John Farnham Cock late of Camelford in the said County of Cornwall Gentleman was at the time of his decease of an estate in fee simple of and in the hereditaments and premises hereinafter particularly mentioned and declared and intended to be hereby granted and released being part of the Manor of Trefreock AND WHEREAS the said John Farnham Cock made and published his last Will and Testament in writing duly executed as is by Law required for sending valid devices of Real estates bearing date the 5th day of September 1826 and thereby gave and devised unto his Cousin James Cock of the Port of Padstow in the said County of Cornwall Master Mariner his Heirs and Assigns ALL and every Manor Messuages Lands and Hereditaments and all other his Real Estates and his Moiety purports and portion of the Real estates whatsoever and wheresoever of which he or any person or persons In Trust for him was or were or at the time of his decease should be seized of any Estate of Freehold and Inheritance of a freehold only in possession reversion or remainder or expectancy or of which he had the power to dispose of by his WILL TO HOLD the same unto and to the use of the said James Cock his Heirs and Assigns upon trust that he or they should with all Consentment speed after the death of him the said John Farnham Cock absolutely sell and dispose of all his Freehold and Real Estates either by public auction or private contract to any person or persons willing to become the purchaser or purchasers thereof respectively for such price or prices as to the said James Cock his Heirs Executors Administrator and Assigns should seem reasonable and for facilitating such sales should enter into and execute all such Contract conveyances and assurances which to him or them should seem meet and the said Testator thereby declares the receipt or receipts of his said Trustee his Heirs Executors Administrator and Assigns for any sum or sums of money payable to him or them by virtue of the trusts of the said Will should be a sufficient and effectual discharge for the same or for so much thereof as in such receipt or receipts should be acknowledged to be received And that the person to whom the same should be given his her or their Heirs Executors Administrator and Assigns should not afterwards be answerable or accountable for any loss misapplication or nonapplication of the monies therein mentioned and acknowledged to be received AND WHEREAS the said John Farnham Cock appointed the said James Cock sole executor of his said Will and died on the 9th day of November 1826 without having altered or revoked his said Will which was duly proved by the said James Cock in the Perogative Court of the Archbishop of Canterbury on or about the 8th day of June 1827 AND WHEREAS the said James Cock hath time since departed this life having first made his Last Will and Testament in writing duly executed and attested as if by Law required for rendering valid devises of Real Estates bearing date the 30th day of September 1829 and after bequeathing his own property as therein mentioned the said Testator James Cock thereby nominated and appointed the said Samuel Trevathan Trustee of the Trusteeship that he the said testator James Cock ave exercised over the property of his late cousin the said John Farnham Cock as devised by his the said John Farnham Cock last will and testament as aforesaid And the said James Cock appointed the said Samuel Trevathan sole executor of his said Will which was duly proved by him in the Perogative Court of the Archbishop of Canterbury on or about the 12th day of March 1830 AND WHEREAS the said Samuel Trevathan in pursuance and execution of the Trust reposed in him by the Will of the said James Cock hereinbefore in part recited hath Contracted with the said William Gray for the absolute Sale to him of the fee simple and inheritance free from all imcumbrances subject nevertheless and except as hereinafter excepted of the hereditaments and premises hereinafter particularly mentioned and described and intended to be granted and released at or for the price or sum of £55 AND WHEREAS the said James Cock died a bachelor and unmarried and the Legal Estate of Freehold and Inheritance of and in the said hereditaments and premises did not pass under the words of the in part recited Will of the said James Cock deceased but the same hath become and now is vested in the said James Cock who is the eldest and only surviving Brother and Heir at Law of the said James Cock deceased and the said Samuel Trevathan hath requested the said William Cock to join in releasing and conveying the said hereditaments and premises in manner hereinafter expressed which he has agreed to do NOW THIS INDENTURE WITNESSETH that in pursuance of the said Agreement and in consideration of the sum of £55 of lawful British money by the said William Gray in hand well and truly paid to the said Samuel Trevathan before the sealing and delivery of these presents (the receipt of which said sum of £50 he the said Samuel Trevathan doth hereby acknowledge and of and from the same and every part thereof doth acquit release and discharge the said William Gray his Heirs Executors Administrator and Assigns forever by these presents) And also in consideration of the sum of 10/- of like lawful money by the said William Gray at the same time paid to the said William Cock (the receipt whereof is hereby also acknowledged) He the said Samuel Trevathan the said William Cock at the request and by the direction of the said Samuel Trevathan testified by his being a party to and executing these presents) according to their respective estates and interests therein and so far as they respectively can or may but not by way of Covenant warranty HAVE and each of them HATH granted bargained sold and released and by these presents DO and each of them DOTH grant bargain sell and release unto the said William Gray (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said Samuel Trevathan and William Cock in consideration of 5/- each by Indenture bearing date the day next before the day of the date of these presents for the term of 1 whole year commencing from the day next before the date of the same Indenture of Bargain and sale and by force of the Statute made for transferring uses into possession ) and to his Heirs ALL THAT Dwelling House and Garden commonly called or known as BULLERS HOUSE situate lying and being in the village of Trewethick in the Parish of Endellion in the said County of Cornwall AND ALSO all that one Little Meadow adjoining to the said Dwelling House and garden containing by estimation about 1 acre of Land (little more or less) AND ALSO all that piece or plot of ground known by the name of LITTLE PENNY PIECE containing by estimation about 20 yards of Land (be the same more or less) and adjoining to Mr Grays Prebend within the said Parish of Endellion All which said premises were formerly in the possession of Thomas Buller but now of William Buller for the remainder of the Term of 99 years determinable in manner hereinafter intended Together with all outhouses erections buildings hedges ways paths passages easements profits advantages and appurtenances to the same premises or any part thereof belonging or appertaining and the reversion or reversions remainder or remainders yearly and other rents issues and profits thereof and of every part thereof And also all the Estate Right Title Interest property claim and demand whatsoever both at Law and Equity of them the said Samuel Trevathan and William Cock and each of them of in and out of the said hereditaments and premises and every part thereof TO HAVE AND TO HOLD the said Dwelling House garden meadow all and singular other the hereditaments and premises intended to be hereby granted and released or otherwise assured and every part thereof with the appurtenances unto the said William Gray his Heirs and Assigns (subject nevertheless to and excepting the residue of a certain Term of 99 years of and in the said hereditaments and premises determinable on the several and respective deaths of William Buller Phillippa Mably son and daughter of Henry Mably of the parish of Endellion aforesaid Yeoman created therein by a certain Indenture of Demise and Lease bearing date the 3rd day of October in the year 1804 and made between John Cock of Port Isaac in the Parish of Endellion in the County of Cornwall Esquire of the one part and Thomas Buller of the said Parish of Endellion Yeoman of the other part To such uses upon and for such Trusts intents and purposes and with under and subject to such powers provisos and declarations as the said William Gray by any Deed or Deeds writing or writings with or without power of revocation to be by him duly sealed and delivered shall from time to time direct limit or appoint and in the mean time and until and also in default of any such direction limitation or appointment and so far as the same if partial and incomplete should extend to the use of the said William Gray and his assigns during his life without impeachment of waste And of that Estate by any means in his lifetime To the use of the said William Browne his executors and administrators during the natural life of the said William Gray in Trust nevertheless for him the said William Gray and his Assigns and from and immediately after the determination of the Estate hereby limited in use to the said William Browne his Executors and Administrators to the only use and behoof of the said William Gray his Heirs and Assigns for ever and to and for in other use intent or purposes whatsoever AND each of them the said Samuel Trevathan and William Cock so far only as respects his own Acts and Deeds and not as to the Acts and Deeds of the other of them doth hereby for himself his Heirs Executors and Administrators Covenant and declare with and to the said William Gray his Heirs and Assigns in manner following (that is to say) That they the said Samuel Trevathan and William Cock have not nor hath either of them respectively heretofore made done committed omitted or privily suffered any Act Deed matter or thing whereby or by reason or mean or means whereof the said Dwelling House Garden and Meadows or other the hereditaments and premises hereinbefore mentioned and described and intended to be hereby granted and released or any part or parts thereof is can shall or may be charged impeached affected or incumbered in Title Estate in interest or otherwise howsoever 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
St Endellion
Parish Page
|
||
|
Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |