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THIS INDENTURE made the 23rd day of November in the 16th year of the Reign of Our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the faith and so forth and in the year of Our Lord 1742 BETWEEN Charles Trelawney of Coldrenick in the County of Cornwall Esquire of the one part and John Gray of the Parish of Endellion and County aforesaid Yeoman of the other part WHEREAS Henry Darell late of Trewornan in the County of Cornwall aforesaid Esquire since deceased by his Last Will and Testament in writing duly Executed bearing date on or about the 13th day of May 1731 did amongst other things give and bequeath several legacies and sums of money to several persons in the said Will mentioned to be paid them as therein id directed and after giving the said several Legacies all the rest residue and remainder of all goods and chattels and of his Lands and Estates he did thereby give devise and bequeath unto his Trusty and well beloved friends the Reverend Mr William Stephens Clerk John Cock Simon Llewellin Clerk and Richard Elvans IN TRUST nevertheless for his the said Testators sister Frances Crabb then a widow whom he did thereby appoint whole and sole Executrix and heir with a proviso nevertheless in the said Will contained that if she should marry or then be married unto Mr Charles Vivian son of Sir Richard Vivian deceased then the said Testator by his said Will did thereby give devise and bequeath all his goods and chattels and all his Lands Tenements and Estates unto his said friends William Stephens John Cock Simon Llewellin and Richard Elvans In Trust for his Nephew Darell Crabb whom in such case he did by his said Will make ordain and appoint his whole and sole Executor and heir and the said Testator did there by give his said Trustees or any three of them and the survivor and survivors of them full power and absolute authority to sell his said Goods and Chattels and all or any part or parcels of his Lands and Tenements or to grant set or fill up Leases of any part or parcels thereof for the best prices that could be got for the payment of his debts and Legacies which he did there by impower his said Trustees to do and perform as by the said Will relation being thereunto had may appear AND the said Henry Darell the Testator soon afterwards departed this life without issue indebted to several persons in several large sums of money by Mortgage Bond Simple Contract and otherwise AND WHEREAS on or about the 26th day of April in the Year of Our Lord 1732 the said Charles Trelawney (party to there presents) as administrator with this Will annexed of Dean Edward Trelawney of the Goods and Chattels of the said Dean Edward Trelawney unadministered by Darell Trelawney Esquire and also Executor of the Last Will and Testament of the said Darell Trelawney Esquire John Russell of Falmouth in the County of Cornwall Gent and Nicholas Green of the same place Gent Executors against the said Last Will and Testament of Robert Hayles of Falmouth aforesaid deceased on behalf of themselves and others the Creditors and Legatees of the said Testator Henry Darell deceased Exhibited the Bill of Complaint in the High Court of Chancery against the said William Stephens John Cock Simon Llewellin Richard Elvans Frances Crabb Edward Stephens (since deceased) and Ann his wife Darell Crabb and Sarah Darell widow of the said Henry Darell thereby setting forth their Respective demands due from the said Henry Darell Estate and the said Executrix and Trustees of the said Testators will might account for his person of ? and if it should fall short to pay the said Testators Henry Darell and Legatees that the said Trustees might be deemed to sell all ? such of his real estate as would be sufficient to pay the remainder of his Debts and Legacies that the said several Defendants put in their respective answers to the said Bill and Orders witnesses were examined to prove the execution of the Will of ? and Testator and the said cause came on to be heard before the then Lord High Chancellor of Great Britain on the 3rd day of May 1734 whom his Lordship declared the Will of the said Testator Henry Darell was well proved and ? it should be referred to Mr Borroughs one of the Masters of the said Court to take account of the said Testators Debts Legacies and funeral expenses and notice was to be published in the Gazette for the Creditors to come and prove their debts before the said Master and the said Master was to take account of the Testators personal estate and of what Real estate sold or Leased made or fines taken for payment of his said debts and after the said testators debts were paid it was deemed that the several Legatees should be paid their Legatees out of the Testators personal estate and if that was not sufficient then a convenient part of the said Testators real estate should be sold or Leases made or fines taken for that purpose and that all parties were to be paid there costs to be taken by the said Master out of the said estate and the said Decree was to be binding to the Defendant Darell Crab the infant unless he should within 6 months after he attained the age of 21 years show unto the said Court good cause to the contrary AND WHEREAS in pursuance of the said Decree the said Master made his report dated the 17th day of May 1735 and thereby testified that he had taken an account of the said Testators Henry Darells Debts Legatees and funeral expenses and had caused notice to be given in the Gazette for the Testators Creditors to come and prove their Debts and found that the said Testators Debts and Legatees and the Interest due thereon to the date of the said report amounted to the sum of £5822 5 ¼ and the said Master also testified that he had taken an account of the said Testator Henry Darell personal estate amounting to the sum of £752 10 4¼ which he thought fit to charge the defendant and Frances Crabb the Executrix with ?ndischarge where of he found that the said Frances Crabb had paid and expended since the said Testators decease in payment of debts funeral expenses and proving his will and otherwise the sum of £763 15 6¾ which he thought fit to allow the said Defendants that the said Defendant Frances Crabb had paid more than the amount of the Testators personal estate by the sum of £11 5 2½ which together with the sum of £5822 5 ¼ was to be paid out of the said Testators real estate and the said Master testified that he found the said Testator died seized of a Real Estate of the yearly value of £786 1/- or thereabouts AND WHEREAS by and Order made in the said Cause bearing date the 19th day of July 1735 it was by consent ordered that the said Report and that all the matters and things therein contained should stand ratified and confirmed by the Authority and Decree of the said Court AND WHEREAS by and Order made the in the said Cause bearing date the 29th day of July in the Year of our Lord 1736 it was ordered that the said John Cock Simon Llewellin and the surviving Trustees Richard Elvans and Frances Crabb might be at liberty to mortgage the real estate of the said Testator Henry Darell or any part thereof for any sum not exceeding £6038 18 10 for the payment of the said Testators Debt and Legatees reported due by the said report and the Cost of the said Court AND WHEREAS by another order of the said High Court of Chancery made in the said Cause bearing date the 3rd day of March in the Year of Our Lord 1736 it was by consent ordered that the said Frances Crabb John Cock Simon Llewellin and Richard Elvans might be at liberty to sell the whole of the said Testators real estate before the said Master together or in parcels as the Master should direct for the payment of the said Testators debts funeral expenses legatees and costs AND WHEREAS the said estate had several times been advertised in the London Gazette to be sold before the said Master AND WHEREAS by another report made in the said cause bearing date the 2nd day of May 1737 the said Master thereby certified that in pursuance of the said ? and of the said subsequent order of the 3rd day of March 1736 he ? ? the said Testator Henry Darell real estate to be duly advertised in the London Gazette and pursuant thereunto he had been that day (being a permtory day) attended by the solicitors for the parties in the said Cause Mr William Inmire apologised on the behalf of the said Charles Trelawney (party to these presents) to give for the said real estate according to the particulars thereof produced before the said Master having a good Title there of all incumbrances the sum of £10,000 and the said Master thereby ratified that he had allowed the said William Inmire in the name and on behalf of the said Charles Trelawney the purchersor for the said estate and according to the Terms of his Bidding at the sum of £10,000 which said report and all the matters and things therein contained was by an Order of the said Court of Chancery made in the said cause bearing date the 5th day of May 1737 absolutely confirmed by the Order Authority and Decree of the said Court as by the said Bill answers depositions decree and the said ? subsequent reports and orders made in the said cause being duly filed and entered of record and also duly signed and Enrolled in the said Court of Chancery relation being there unto had may more fully and at large appear AND WHEREAS by indentures of Lease and Release being Tripartate bearing date on or about the 27th and 29th days of May in the Year of our Lord 1738 and made or mentioned to be made between the said John Cock of Trefrooke in the County of Cornwall Gent Simon Llewellin of St Minver in the said County of Cornwall Clerk and Richard Elvans of St Minver aforesaid Yeoman the 3 surviving Trustees named in and by the last Will and Testament of the said Henry Darell and Ann Stephens of Plymouth in the County of Devon widow another sister and Legatee of the said Henry Darell which said Frances Crabb and Ann Stephens are the only sisters and heirs at Law of the said Henry Darell of the second part and the said Charles Trelawney of Goldrinick in the said County of Cornwall Esquire of the third part reciting as herein above is recited AND also for the consideration of the sum of £6849 4 4d so paid by him the said Charles Trelawney in discharge of the said debts of the said Testator Henry Darell and also of the sum of £3150 15 8d making the sum of £10,000 being the sum at and for which the said Charles Trelawney was reported and confirmed the best purchasor of the Premises and Estate above mentioned and also for and in consideration of the further sum of 10/- a piece to the said John Cock Simon Llewellin and Richard Elvans paid by the said Charles Trelawney with the consent direction and appointment of the said Frances Crabb and Ann Stephens testified by their being parties thereunto DID among diverse Manors Lands and Premises Bargain Sell Remise Release and Confirm unto the said Charles Trelawney and his Heirs all and singular the Lands Tenements Hereditaments herein after mentioned and conveyed TO HOLD the said Manors Lands Premises with their Appurtenances to the said Charles Trelawney his Heirs and Assigns forever AND WHEREAS the said John Gray hath agreed to pay unto the said Charles Trelawney the sum of £36 for the purchase of the premises hereafter mentioned and conveyed being parcel of the premises conveyed unto and to the said Charles Trelawney aforesaid NOW THIS INDENTURE NOW WITNESSETH that the said Charles Trelawney for and in consideration of the said sum of £36 of Lawful Money of Great Britain to him in hand paid by the said John Gray at and before the sealing and delivery of these presents the receipt whereof he the said Charles Trelawney doth hereby acknowledge HATH granted bargained soled aliened released conveyed and confirmed and in and by these presents DOTH fully freely and absolutely grant bargain sell alien release convey and confirm unto the said John Gray (in his actual possession) now being by virtue of a bargain and sale or Lease for one year to him thereof made by the said Charles Trelawney by Indenture bearing date the day next before the day of the date of these presents and by force of the Statute for transferring uses into possession and to his heirs and assigns forever ALL that one Messuage and Tenement containing a Dwelling house and garden and the Moyety of all those Land s Ditches pieces and parcels of Land meadows and pasture commonly called or known by the name of Hertherbutt situate lying and being in the Parish of Endellion and County aforesaid all which said premises are now or some time heretofore were in the several Tenures Occupation and Possession of one George Daw and Margery Daw or some or one of them there or some or one of their Assignee and Assigns and now of the said John Gray Together with all paths ways waterings watercourses easements profits commodities advantages and appurtenances whatsoever to the same belonging or more heretofore deemed accepted reputed or taken to be any part parcel or member of the same or any part thereof And the Reversion and Reversions Remainder and Remainders Rents Duties Suits and Services of all and singular the said premises And all the Estate Right Title Interest us property claim and demand whatsoever of him the said Charles Trelawney of in and unto the same and of in and unto every part and parcel thereof And all Deeds Counter parts Leases Charters Evidences Escripts Muniments and Writings which contain the said premises jointly with other Lands (which are in custody and power or which can come by without suit in Law) To be copied out at the proper costs and charges of the said John Gray his Heirs and Assigns TO HAVE AND TO HOLD all and singular the aforesaid Tenement and premises hereby before Granted Released and Conveyed or meant mentioned or intended to be herein and hereby before Granted Released and conveyed with their and every of their appurtenances unto the said John Gray his heirs and assigns forever TO the only use and behoofe of the said John Gray his Heirs and Assigns for evermore TO BE HELD of the High and Chief Lord and Lords of the fee and fees of the said premises by the ancient and accustomed rent Suits and Services for the same and of Right Accustomed AND the said Charles Trelawney for himself his heirs and assigns and each and every of them doth covenant and grant to and with the said John Gray his Heirs and Assigns by these presents that the said hereby granted and released premises now are free and clear of and from all arrears of Rent and incumbrances whatsoever by him committed and that the said Charles Trelawney hath not at any time or times heretofore made done committed executed or suffered any act matter or thing whatsoever whereby or by means or reason whereof the said premises hereby Granted and Released or Meant or Mentioned or intended to be hereby granted and released or any part or parcel thereof is are or may be anywise impeached charged or incumbered in Title Charge Estate or otherwise howsoever (The aforesaid Bargain and Sale for one year the High and Chief Rents Suits and Services from henceforth to become due and payable to the High Chief Lord and Lords of the Fee and Fees of the said premises) and also one Lease bearing date the 18th day of November in the Year of our Lord 1698 made and granted by Henry Darell of Trewarnan in the County of Cornwall Esquire to Digory Gray of the Parish of Endellion and County aforesaid Yeoman of and for the aforesaid premise for the Term of fourscore and nineteen years Determinable on the deaths of John Gray Richardson Gray and Katherine Gray under the yearly rent of 1/- payable Quarterly which is to be paid by the said John Gray his Heirs Executors Administrators or Assigns unto the said Sarah Darell during her natural life whether the said Lease or Term shall expire in the Life time of the said Sarah Darell or not only excepted and foreprized (and that he the said John Gray his Heirs and Assigns shall and may from time to time and at all times hereafter Lawfully peaceably and quietly have hold occupy possess and enjoy all and singular the said hereby granted and release premises with their appurtenances without any Lawful Let Suit Trouble Denial Hindrance Molestation Demand or Incumbrance of him the said Charles Trelawney his Heirs and Assigns or any or either of them AND FURTHER the said Charles Trelawney doth for himself his Heirs Executors Administrators and Assigns or every of them Covenant Promise and Agree to and with the said John Gray hid Heirs and Assigns by these presents that he the said Charles Trelawney his Heirs and Assigns and all and every other person and persons whatsoever Lawfully claiming or which shall or may at any time or times hereafter have or Lawfully claim any Estate Right Title or Interest of in and unto the said Granted Released promise or any part or parcel thereof by from or under him them or either of them shall and will from time to time and at all times hereafter at the reasonable request and the proper costs and charges in the Law of the said John Gray his Heirs and Assigns Make do acknowledge Levy Execute and Suffer or cause to be made done acknowledged Levied Executed and Suffered all and every such further and other Lawful and Reasonable act and acts thing and things device and devices assurances and conveyances in the Law whatsoever for the further and better more perfect conveying and assuring of all and singular the aforesaid mentioned premises hereby granted and released in the Law shall be Lawfully and reasonably devised advised and required IN WITNESS whereof the parties aforesaid to these presents (ingrossed or written on 2 skins of parchment stamped with 3 6d stamps) according to the three late acts of Parliament (their hands and seals INTERCHANGABLY have set the day and year first above written) Charles Trelawney Witnessed on reverse Return to St Endellion Parish Page
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |