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THIS INDENTURE made the 29th day of
September 1837 BETWEEN GUY GRAY of the Parish of
Endellion in the County of Cornwall Yeoman of the first
part JOHN HOSKYN of the same Parish Gentleman of the
second part and JOHN CLODE BRADDON of the Borough of
Camelford in the said County Gentleman of the Third part
WHEREAS by Indenture of Lease and Release bearing date
respectively the 4th and 5th days of October 1832 made
and expressed to be made between Francis Brown Hambly of
Treharock within the Parish of Saint Kew in the County
of Cornwall Esquire (the eldest son and heir at Law and
devise named in the Last will and Testament of Abraham
Hambly late of Treharock aforesaid Esquire his deceased
father) of the first part the said Guy Gray of the
second part and Digory Gray therein described as a
Trustee named by and on the part of the said Guy Gray
for the purpose therein mentioned of the third part FOR
the valuable consideration therein expressed various
Lands and Hereditaments and amongst them those which are
hereinafter described WERE conveyed to the said Guy Gray
and his Heirs TO such uses as the said Guy Gray by any
deed or deeds instrument or instruments in writing with
or without power of revocation and now appointment to be
by him seated and delivered in the presence of and
attested by one or more credible witness or witnesses
should from time to time direct limit and appoint AND in
default of such appointment and in the mean time subject
thereto TO the use of the said Guy Gray and his Assigns
for life Remainder to the use of the said Digory Gray
his Executors and Administrators during the life of the
said Guy Gray In Trust for him with Remainder To the use
of the said Guy Gray his Heirs and Assigns forever AND
WHEREAS the said Guy Gray hath contracted and with the
said John Hoskyn for the sale to him of the
hereditaments and premises hereinafter described for the
sum of £39 10/- and the said John Hoskyn hath requested
that the said hereditaments may be conveyed to him and
his Heirs to the uses hereinafter limited NOW THIS
INDENTURE WITNESSETH that in pursuance of the said
Agreement and in consideration of the sum of £39 10/- of
sterling money paid by the said John Hoskyn to the said
Guy Gray immediately before the execution of these
presents in full for the absolute purchase of the fee
simple of the plot or meadow of land hereditaments and
premises hereinafter described free from all
incumbrances the receipt of which the said Guy Gray doth
hereby acknowledge and thence from doth hereby release
the said John Hoskyn his Heirs Appointees and Assigns
for ever HE the said Guy Gray in the exercise of the
aforesaid power and of every other power enabling him in
this behalf by this his Deed recited and delivered in
the presence of the two credible persons whose names are
hereupon endorsed as witnesses attesting such execution
sealing and delivering DOTH direct limit and appoint
that the plot or meadow of Land hereditaments and
premises hereinafter described shall immediately after
the execution of these presents DOTH grant bargain sell
alien release ratify and confirm unto the said John
Hoskyn (in his actual possession) now being by virtue of
a Bargain and Sale to him thereof made by the said Guy
Gray in consideration of 5/- and dated the day next
before the day of the date of these presents for a term
therein intended) and his Heirs ALL THAT small plot or
Meadow of Land and premises called THE SMALL MEADOW
situate lying and being in the said Parish of Endellion
now in the occupation of John Chapman as tenant thereof
containing by estimation 35 yards of Land or thereabouts
(be the same more or less) being part and parcel of a
certain messuage tenement and premises commonly called
or known by the name of TRELIGHTS lying in the village
of Trelights within the parish of Endellion in the
County of Cornwall aforesaid Together with all ways
paths passages waters watercourses easements privileges
and appurtenances whatsoever to the said plot or meadow
of land hereditaments and premises incident belonging or
in anywise appertaining AND the Reversion and Reversions
and Remainder and Remainders yearly and other rents
issues and profits thereof AND all the estate right
title interest trust property claim and demand
whatsoever of him the said Guy Gray of in to or out of
the said hereditaments and premises or any part thereof
TO HAVE AND TO HOLD the said plot or meadow of Land and
hereditaments hereinbefore described with their
appurtenances unto the said John Hoskyn and his heirs TO
SUCH USES generally by way of rent charges thereout or
otherwise and either absolutely or conditionally as the
said John Hoskyn by any deed or deals to be seated and
delivered by him in the presence of one or more credible
witness or witnesses shall appoint AND in the mean time
and subject to such uses as shall have been limited by
the said John Hoskyn as aforesaid to the use of the said
John Hoskyn during his life and after the determination
of that estate TO THE USE of the said John Clode Braddon
and his Heirs during the life of the said John Hoskyn
UPON TRUST for him AND after the determination of the
same estate TO THE USE of the said John Hoskyn and his
Heirs and Assigns for ever AND it is hereby declared and
agreed by and between the said parties to these presents
that neither the present wife of the said John Hoskyn in
case she shall survive him or any future wife of the
said John Hoskyn who shall survive him shall have any
right like or estate to or in dower of or in the said
hereditaments and premises hereinbefore described and
intended to be hereby appointed granted and released AND
THE SAID Guy Gray doth hereby for himself his Heirs and
Assigns Covenant with the said John Hoskyn his
Appointees Heirs and Assigns in manner following (that
is to say) that notwithstanding any act deed or thing
made done or suffered by him the said Guy Gray he hath
good right by these presents to appoint the said
hereditaments to the uses hereinbefore limited and also
by way of further assurance to release the same
hereditaments in manner aforesaid and according to the
Intent of these presents AND that it shall and may be
lawful for the said John Hoskyn his Appointees Heirs and
Assigns at all times hereafter peaceably to possess and
enjoy the same premises with their appurtenances and to
receive the rents and profits thereof without any
interruption or disturbance from the said Guy Gray or
any person or persons claiming through under or in trust
for him or his Heirs AND that Free from all interests
titles lieus charges or other incumbrance occasioned or
suffered by the said Guy Gray or any person or persons
rightfully claiming or to claim the same at Law or in
equity in or upon the said premises or any part thereof
through under or in trust for him by his means or
default AND ALSO that he the said Guy Gray and every
person rightfully claiming or to claim any Interest at
Law or in Equity in the said premises or any part
thereof under or in trust for him or his Heirs shall at
all times hereafter on every reasonable request and at
the sole expense of the said John Hoskyn his Appointees
Heirs and Assigns make and do or cause to be made and
done all such further acts and assurances in the Law for
the more satisfactory appointing granting and assuring
the said premises with the appurtenances to the said
John Hoskyn his Appointees Heirs and Assigns in manner
aforesaid and according to the true intent of these
presents as by him or them or his or their Counsel in
the Law shall lawfully and reasonably advise and require
AND MOREOVER that he the said Guy Gray his Heirs
Appointees or Assigns unless presented by Fire or some
other inevitable accident which may happen to the said
Indentures of Lease and Release of the 4th and 5yth days
of October 1832 hereinbefore mentioned or referred to
shall and will from time to time and at all times
hereafter on the reasonable request in writing and at
the costs of the said John Hoskyn his Appointees Heirs
and Assigns produce (but in England only) unto the said
John Hoskyn his Appointees Heirs or Assigns or to any
person or persons who he or they shall under his or
their hands appoint for that purpose or occasion shall
require the said Indentures of Lease and Release
undefaced and uncancelled for the proof of the title of
the said John Hoskyn his Appointees Heirs or Assigns to
the said premises And also that he the said Guy Gray his
Heirs Executors or Administrators will from time to time
at the request and costs of the said John Hoskyn his
Appointees Heirs or Assigns deliver to him or them fair
true and attested copies or extracted of and from the
same Indentures of Lease and Release and suffer such
copies and extracts to be examined with the originals
thereof by the said John Hoskyn his appointed Heirs or
Assigns or by any person or persons whom he or they
shall appoint in manner aforesaid for that purpose IN
WITNESS whereof the said parties to these presents
written on one skin of parchment being first duly
stamped 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. |