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This Indenture
made the first day of October One thousand eight hundred
and seventy seven Between The Reverend Francis Henry
Morgan of Guisborough in the County of York clerk and
Charles Augustus North of No 51 York Terrace Regents
Park in the County of Middlesex Esquire devises in Trust
under the Will hereinafter recited of James Hayward
Esquire, deceased of the hereditaments hereinafter
described and intended to be hereby granted and conveyed
and other hereditaments in the County of Cornwall of the
first part Robert Erskine Hayward of Allu Hans
Unterliederbach Hochst am Maine Germany Esquire of the
second part Elizabeth North the Wife of the said Charles
Augustus North of the third part and William John
Nickell of the parish of Helland in the County of
Cornwall Gentleman of the fourth part Whereas by an
Indenture of Release dated the thirtieth day of December
One thousand eight hundred and forty grounded on a Lease
for a Year and expressed to be made between the said
James Hayward of the first part John Wallis the elder of
the second part the said James Hayward of the third part
Henry Vincent Smith of the fourth part Andrew Lovering
Sarel of the fifth part and Thomas Agland Lock of the
sixth part For the consideration therein mentioned the
hereditaments hereinafter mentioned and intended to be
hereby granted and conveyed with the appurtenances were
by the description set forth in the second Schedule to
these presents together with other hereditaments granted
released and confirmed to the said Henry Vincent Smith
and his heirs To the use of the said James Hayward and
his assigns during his life without impeachment of waste
with a limitation To the use of the said Henry Vincent
Smith his executors and administrators during the life
of the said James Hayward In trust for him and his
assigns with remainder the use of the said James Hayward
his heirs and assigns for ever and whereas the said
James Hayward duly made his will dated the twenty eighth
day of July One thousand eight hundred and seventy six
and thereby devised all and singular his lands tenements
and hereditaments situate in the County of Cornwall unto
and to the use of the said Francis Henry Morgan and
Charles Augustus North their heirs and assigns upon
trust as to as to two equal third parts of the net rents
and profits of the said premises to pay the same to the
Testator’s Son Francis James Hayward and his assigns
during his life and after his decease to the Testator’s
Son Robert Erskine Hayward in case he should survive the
said Francis James Hayward and his assigns during the
joint lives of the said Robert Erskine Hayward and the
Testator’s daughter Elizabeth the wife of the said
Charles Augustus North and as to the remaining equal
third part of the same net rents and profits to pay the
same to the said Robert Erskine Hayward and his assigns
during the joint lives of the said Francis James Hayward
and Robert Erskine Hayward and after the decease of
either of them to the said Elizabeth North during the
joint lives of the said Robert Erskine Hayward and
Elizabeth North so as that the same should during her
then present or any future coverture be enjoyed by her
for her sole and separate use and as to the whole of
such net rents and profits from and after the decease of
any two of the said Francis James Hayward Robert Erskine
Hayward and Elizabeth North to pay the same to the
survivor of them and his or her assigns during his or
her life and if the said Elizabeth North should be such
survives so as that the same should be enjoyed by her
for her sole and separate use as aforesaid and subject
as aforesaid and from and after the decease of the
survivor of the said Francis James Hayward Robert
Erskine Hayward and Elizabeth North upon the trusts and
for the intents and purposes therein expressed
concerning the same premises and the Testator declared
that his said Trustees Francis Henry Morgan and Charles
Augustus North should have a power of sale and exchange
over the said last mentioned premises exerceable during
the lives or life of the persons or person for the time
being entitled to the rents and profits of the same
premises under the trusts thereinbefore declared with
their his or her consent in writing and after the
decease of the survivor of such persons and during the
minority of all or any of the children of the Testator’s
Daughters Rachel Emily Brandreth at the sole discretion
of his said Trustees and whereas the said Testator James
Hayward died on or about the twelth day of October one
thousand eight hundred and seventy six without having
revoked or altered his said will except by a Codicil
thereto bearing datewith his said will which did not
affect the general devise and trusts thereinbefore
recited and his said Will and Codicil were on the
fifteenth day of December one thousand eight hundred and
seventy six proved by the said Francis Henry Morgan and
Charles Augustus North the executors thereof in the
Principal Registry of the Probate Division of the High
Court of Justice and whereas the same Francis James
Hayward died on or about the thirtieth day of January
one thousand eight hundred and seventy seven and whereas
the said Francis Henry Morgan and Charles Augustus North
on exercise of the power of sale given to them by the
hereinbefore recited Will with the consent in writing of
the said Robert Erskine Hayward and Elizabeth North have
agreed with the said William John Nickell for the sale
to him of the hereinbefore described and intended to be
hereby granted and conveyed and the fee simple hereby in
possession free from incumbrances for the sum of Seven
thousand and eighty pounds Now this indenture witnesseth
that for effecuating the said sale and in consideration
of the sum of Seven thousand and eighty pounds upon or
before the execution of these presents paid by the said
William John Nickell to the said Francis Henry Morgan
and Charles Augustus North (the receipt of which sum of
Seven thousand and eighty pounds for the purchase of the
fee simple of the said hereditaments intended to be
hereby granted and conveyed the said Francis Henry
Morgan and Charles Augustus North as well in exercise of
the power for this purpose given to them by the joint
operation of the said recited Will of the said James
Hayward deceased and of the Act of Parliament of the
23rd and 24th years of the Reign of Her present Majesty
Chapter 145 and of all other powers of any in anywise
enabling them in this behalf as by virtue of these
estate and interest and with the consent in writing of
the said Robert Erskine Hayward and Elizabeth North
(testified by these being parties to and exacting these
presents) Do and each of them doth hereby grant and
convey unto the said William John Nickell his heirs and
assigns all that capital messuage Barton or Farm of
Helland with the appurtenances situate lying and being
in the Parish of Helland in the said County of Cornwall
commonly known by the several names and descriptions and
containing by admeasurement the several quantities or
thereabouts (be the same respectively more or less)
mentioned and set forth in the first Schedule to these
presents or by whatsoever other names or descriptions
and in whatsoever other manner the same or any of these
or are part thereof all or may be or at any time
heretofore have been called known occupied or
distinguished all which said messuage Barton farm
hereditaments and premises as now in the occupation of
the said William John Nickell or his undertenants and
Henry Manaton and are delieated and coloured round with
a pink boarder on the plan hereunto annexed together
with all buildings erections yards gardens wastes
commons timber and other trees fences mines minerals
quarries ways waters watercourses waterwheels rights
liberties privileges easements advantages and
appurtenances whatsoever to the hereditaments
hereinbefore described or any of them appertaining or
with the same or any of them occupied or enjoyed or
reputed to be part of them or any of them or
appertaining thereto and all the estate right title and
interest of the said Francis Henry Morgan and Charles
Augustus North and each of them in the premises To have
and to hold the said tenement farm lands and
hereditaments and other the premises expressed to be
hereby granted and conveyed unto and to the use of the
said William John Nickell his heirs and assigns for ever
AND the said William John Nickell hereby declared that
if he shall leave a widow she shall not be entitled to
Dower out of the Premises expressed to be hereby granted
or any part thereof and each of them the said Francis
Henry Morgan and Charles Augustus North as to his own
acts and defaults only doth hereby for himself his heirs
executors and administrators with the said William John
Nickell or his heirs and assigns that he the new
covenanting party has not executed or done or knowingly
suffered or been party or privy to any deed or thing
whereby the premises expressed to be hereby granted and
conveyed or any part thereof are is or can or maybe
examined or otherwise prejudicially affected AND WHEREAS
the several deeds and writings specified in the third
schedule hereto relate as well to the said hereditaments
hereinbefore expressed to be hereby granted and conveyed
as to other hereditaments and it has been agreed that
the said deeds and writings shall remain in the custody
of the said Francis Henry Morgan and Charles Augustus
North and that they shall enter into the covenants
hereinafter contained Now this indenture witnesseth that
in pursuance of the said agreement in this behalf and in
consideration of the premises they the said Francis
Henry Morgan and Charles Augustus North do hereby for
themselves their heirs executors administrators and
assigns covenant with the said William John Nickell his
heirs and assigns that unless prevented by fire or other
in inevitable accident they the said Francis Henry
Morgan and Charles Augustus North their heirs or assigns
or some or one of them will upon every reasonable
request in writing by the said William John Nickell his
heirs or assigns or any person or persons lawfully or
equitably claiming any estate right title or interest in
or to the said hereditaments hereinbefore expressed to
be hereby granted and conveyed or any part thereof at
the cost of the person or persons requiring the same
produce and show to him them or any of them or to such
person or persons as he or they shall require or at any
null hearing or examination in any court or in the
execution of any commission or elsewhere as occasion
shall require every or any of the said Deeds and
writings specified in the said third schedule made for
the manifestation defence and support of the estate
title and possession of the said William John Nickell
his heirs or assigns and every or any such other person
as aforesaid and will at all times at the cost of the
said William John Nickell his heirs or assigns or any
such person or persons make and furnish to him or them
such true copies attested or unattested of all or any of
the same deeds and writings as he as he or they may
require and will in the meantime keep the same deeds and
writings safe whole uncancelled and undefaced PROVIDED
ALWAYS AND IT IS HEREBY AGREED AND DECLARED that if the
said Francis Henry Morgan and Charles Augustus North
their heirs or assigns or any of them shall deliver the
said Deeds and writings or any of them to any person
lawfully entitled to the custody thereof and shall
thereupon procure the person to whom the same Deeds or
writings shall be so delivered to enter into Covenants
with the person or persons then entitled to the benefit
of the Covenants relating to the said Deeds and Writings
hereinbefore contained to the same effect as the last
mentioned covenants (the same to be prepared at the
costs of the respective covernuities their respective
heirs and assigns but the covenantor bearing the cost of
perusal of his behalf and execution and delivery thereof
) then and from thenceforth the last mentioned covenants
shall become void so far as relates to the deeds and
writings the subject of such substituted covenants IN
WITNESS whereof the said parties to these presents have
hereunto set their hands and seals the day and year
first above written
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Transcribed by Carol Thomas from the Malcolm McCarthy Collection. Contact Malcolm for details of the original document (Malc in Sunny Padstow). |