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1810 21st December Lanivet
THIS INDENTURE made the 21st day of December in the
fifty first year of the reign of Our Sovereign Lord
George the Third by the Grace of God of the United
Kingdom of Great Britain and Ireland King Defender of
the Faith and in the year of Our Lord 1810 BETWEEN
William Stephen POYNTZ of Cowdray in the County in the
County of Sussex Esquire of the first part WILLIAM
HAZELL of Midgham in the County of Berks Yeoman WILLIAM
BUD of Rewbury in the said County of Berks Gentleman and
George Gray of the same place Gentleman of the second
part EDWARD COODE of Saint Austell in the County of
Cornwall Gentleman of the third part and EDWARD FOX of
Gonvena in the Parish of Egloshayle in the said County
of Cornwall merchant of the fourth part WHEREAS by an
indenture of bargain and sale bearing date on or about
the 7th of February 1794 and made or expressed to be
made between William Poyntz Esquire and Isabella his
wife (both since deceased) of the first part and the
said William Stephen Poyntz (therein described as the
oldest son of the said William Poyntz and Isabella his
wife) of the3 second part Bigoe Charles Williams Of
Carey Street in the County of Middlesex Gentleman of the
third part and Samuel Darke of the same place gentleman
of the fourth part and afterwards duly inrolled in His
Majesties Court of Common Please of Westminster)and by
virtue of a Common Recovery with double Voucher suffered
pursuant thereto before the Justices of His Majesties
Court of Common Please in Hilary Term in the said year
1794 wherein the said Stephen Poyntz and William Poyntz
and Isabella his wife were severally vouchered one
undivided moiety or equal half part and all other parts
shared and purpartied then of them the said William
Poyntz and Isabella his wife and William Stephen Poyntz
of and in (among other hereditaments) All that Capital
Messuage Barton Farm Demesne Lands and other
hereditaments situate in Lanivett in the said County of
Cornwall therein and hereinafter particularly described
and intended to be hereby appointed were conveyed
limited and assured To and for the uses intents and
purposes therein and in part hereinafter mentioned (that
is to say) To the uses of such person and persons and
for such estate and estates and upon and for such trusts
intents and purposes as they the said William Poyntz and
Isabella his wife and William Stephen Poyntz during the
joint lives by any such deed deeds instruments or
instruments as therein mentioned should jointly direct
limit and appoint and in default thereof Then as the
survivor of them the said William Poyntz and Isabella
his wife after the death of the other of them and the
said William Stephen Poyntz during the joint lives of
such survivor and the said William Stephen Poyntz by any
such deed or deeds instrument or instruments as therein
mentioned should jointly direct limit and appoint and in
default of such last mentioned direction limitation and
appointment then to the use of such person and persons
and for such estate and estated upon and for such trusts
ends intents and purposes with under and subject to such
powers provisos declarations and agreements charged and
chargeable with such yearly and other sum or sums of
money and with such limitations and remainders over and
in such manner and form as the said William Stephen
Poyntz alone encase he should survive the said William
Stephen Poyntz and Isabella his wife by any deed deeds
instrument or instruments in writing with or without
power of revocation to be by him sealed and delivered in
the presence of and attested by the two or more credible
witnesses or by such his last will and testament or any
codicil or codicils thereto as therein mentioned should
direct limit AND WHEREAS by indentures of lease and
release bearing date respectively the 24th and 25th days
of March in the said Year 1794 the release being made or
expressed to be made between the Honourable Edward
Monkton John Phillips John King Thomas Hammersley and
Wallwyn Shepheard of the first part the Right Honourable
Edmund Earl of the Cost (or Court) and every Orrery and
EDMUND Viscount Ingarrvan of the second part and the
said William Poyntz and Isabella his wife and William
Stephen Poyntz of the third part the other undivided
moiety or equal part or share of and in (among other
hereditaments) All that said Capital Messuage Barton
Farm Demesne Lands and other hereditaments situate in
Lanivett aforesaid in the County of Cornwall therein and
hereinafter particularly described and intended to be
hereby appointed and conveyed limited and assured To and
for the such estate and estates upon and for such trusts
intents and purposes as they the said William Poyntz and
Isabella his wife and William Stephen Poyntz during
their joint lives by any such deed or deeds instrument
or instruments as therein mentioned should jointly
direct limit and appoint and in default of any such
direction limitation or appointment then as the survivor
of them the said William Poyntz and Isabella his wife
after the death of the other of them and the said
William Stephen Poyntz during the joint lives of such
survivor and the said William Stephen Poyntz by any such
deed or deeds instrument or instruments as therein
mentioned should jointly direct limit and appoint and in
default of such last mentioned direction limitation and
appointment To the use of such person and persons for
such estate and estates upon and for such trusts ends
intents and purposes with under and subject to such
powers provisos declarations and agreements charged and
chargeable with such yearly and other sum or sums of
money and with such limitations and remainders over and
in such manner and form as the said William Stephen
Poyntz alone in case he should survivor the said William
Poyntz and Isabella his wife should at any time or times
and from time to time after the death of the survivor of
them the said William Poyntz and Isabella his wife by
any deed or deeds instrument or instruments in writing
with or without power of revocation to be by him sealed
and delivered in the presence of and attested by two or
more credible witnesses or by such his last will and
testament in writing or any codicil or codicils thereto
as therein mentioned direct limit and appoint AND
WHEREAS Sir John St Aubyn of Clowance in the said County
of Cornwall Baronet Deceased (being seised or otherwise
intitled in fee simple of or to (among other
hereditaments) the pieces or parcels of land situate and
being in the Parish of Lanivett aforesaid hereinafter
described and intended to be hereby assigned) made and
duly published his last will and testament in writing
bearing date on or about the 21st day of February 1760
and thereby devised all Manors lands tenements and
hereditaments whatsoever in the said County of Cornwall
or elsewhere in Great Britain unto Philip Rashleigh
Esquire and Sir Philip Vyvyan Baronet and their heirs To
and for diverse uses and intents and purposes therein
declared thereof and amongst others To the use of Sir
Warwick Bampfylde Baronet and Reginald Pole Esquire
their executors administrators and assigns for 500 years
to commence from the death of the said Sir John St Aubyn
upon trust to raise by sale or mortgage of the premises
therein comprised such sum and sums of money as might be
sufficient to pay his (the said Testators) debts
legacies and childrens portions And the testator
appointed his wife the said Elizabeth St Aubyn the said
Sir Richard Warwick Bampfylde Reginald Pole and William
Wingfield Executrix and Executors of his said will and
he afterwards died without having revoked or altered the
same and upon the death the said Dame Elizabeth St Aubyn
alone duly proved his said will in the Perogative Court
of Canterbury AND WHEREAS by and indenture bearing date
on or about the 6th day of March 1773 and made or
expressed to be made between the said Sir Richard
Warwick Bampfylde of the first part the said Dame
Elizabeth St Aubyn of the second part and George
Winfield Esquire of the third part after reciting the
said will and that the aforesaid Manors Messuages Lands
and Tenements were then vested in the said Sir Richard
Warwick Bampfylde who had not acted in the trusts of the
same will but was desirous of being discharged there
from IT IS WITNESSED that for the considerations therein
mentioned the said the said Sir Richard Warwick
Bampfylde with the consent of the said Dame Elizabeth St
Aubyn did assign unto the said George Wingfield All and
singular the Manors Messuages Lands Tenements comprised
in the said term of 500 years created by the said in
part recited will To hold the same unto the said George
Wingfield his executors administrators and assigns from
thenceforth for the residue of the said term of 500
years upon and for the trusts intents and purposes
declared thereof by the said in part recited will AND
WHEREAS by an indenture bearing date on or about the
25th day of March 1773 and made or expressed to be made
between the said George Wingfield of the first part and
Dame Elizabeth St Aubyn of the second part and Edmund
Bochin Arthur Vansittart and Charles Brett Esquires of
the third part After reciting the said will and last
recited indenture and reciting that the said Dame
Elizabeth St Aubyn had taken up £20,000 to pay the
aforesaid debts and legacies and that the said Edmund
Bochin Arthur Vansittart and Charles Brett had agreed to
lend the same IT IS WITNESSED that in consideration of
the sum of £20,000 paid by the said Edmund Bochin Arthur
Vansittart and Charles Brett as therein mentioned the
said George Wingfield with the consent of the said Dame
Elizabeth St Aubyn did bargain sell demise unto the said
Edmund Bochin Arthur Vansittart and Charles Brett their
executors administrators and assigns All and singular
the Manors Lands Tenements comprised in the said term o
500 years created by the said in part recited will To
hold the same to them their executors administrators and
assigns from thenceforth for the term of 400 years But
subject to reoccupation on payment of the said sum of
£20,000 and interest as therein mentioned AND WHEREAS
certain of the lands and tenements comprised in the said
term of 500 years and 400 years were afterwards
absolutely sold and disposed of for the residue of the
terms under a decree of the Court of the Exchequer unto
Sir John St Aubyn Baronet and the same were assigned by
the direction unto Thomas Grylls Gentleman for the
residue of the said term of 400 years and unto John
Borlase Gentleman for the residue of the said term of
500 years but in trust as to both the said terms for the
said Sir John St Aubyn the purchaser his executors
administrators and assign AND WHEREAS by an indenture
bearing date on or about the 1st day of October 1805 or
expressed to be made between the said Sir John St Aubyn
the purchaser of the first part the said Thomas Grylls
of the second part the said William Poyntz of the third
part and the said William Stephen Poyntz of the fourth
part the said John Borlase of the fifth part and the
said William Hazell William Budd and George Gray of the
sixth part After reciting (among other things) that the
said William Poyntz and William Stephen Poyntz had
contracted with the said Sir John St Aubyn (party
hereto) for the purchase of the premises therein and
hereinafter described for the residue of the said terms
of 500 years and 400 years for the sum of £760 and that
the said sum was part of certain monies in their hands
which were subject to their joint appointments It is by
now recited indenture witnessed that in consideration of
the sum of £760 to the said Sir John St Aubyn paid by
the said William Poyntz and William Stephen Poyntz ALL
those two ancient fields or Closes of land called by the
name of LANIVET CROSS PARKS theretofore in the
possession of William Tonkin situate lying and being in
the Parish of Lanivet AND ALSO one parcel of land
containing about 30 yards were the same more or less in
the field anciently called SQUARE NECK formerly in the
possession of Humphrey Courtnay of Tremeer Esquire and
afterwards of William Poyntz and also all the said Sir
John St Aubyn (the sons) right property and interest in
a certain other field parcel of Tremeer aforesaid called
the Hill Meadow otherwise Burrows Meadow or the Soldiers
Meadow then in THE possession of the said William Poyntz
together with certain other lands and tenements in the
now recited indenture described the same several
premises being such of the lands and premises comprised
in the said term of 500 years and also in the said
derivative term of 400 years as were absolutely sold
under a decree as aforesaid were assigned by the said
Thomas Grylls under the direction of the said Sir John
St Aubyn in party thereto William Poyntz and William
Stephen Poyntz unto the said William Hazell and William
Budd for the then residue of the said derivative term of
400 years And the same premises were by the like
direction assigned by the said John Borlase to the said
George Gray for the then residue of the term of 500
years upon trust nevertheless (as to both the said
terms) for such person or persons for such estate and
estates ends intents and purposes as they the said
William Poyntz and William Stephen Poyntz during their
joint lives by any such deed or deeds instrument or
instruments in writing as therein mentioned should
jointly direct limit and appoint And in default of such
direction limitation and appointment upon trust for such
person and persons for such estate and estates ends
intents and purposes with under and subject to such
powers provisos declarations and agreements charged and
chargeable with such yearly or other sum or sums of
money and with such limitations and remainders over and
in such manner and form in all respects as the said
William Stephen Poyntz alone in case he should survive
the said William Poyntz should at any time or times and
from time to time after the death of the said William
Poyntz by any deed or deeds instrument or instruments in
writing with or without power of revocation to be by him
the said William Stephen Poyntz sealed and delivered in
the pressure of and attested by two or more credible
witnesses or by such his last will and testament in
writing or any codicil or codicils thereto as therein
mentioned direct limit and appoint AND WHEREAS the said
William Poyntz and Isabella his wife severally departed
this life sometime since at different periods without
having concurred with the said William Stephen Poyntz in
making any appointment of all or any part of the
freehold Capital Messuage Barton Farm demised lands and
other hereditaments hereinafter described and intended
to be hereby appointed Neither did the said William
Poyntz concur with the said William Stephen Poyntz in
making any appointment of all or any part of the
leasehold pieces or parcels of land and other premises
hereinbefore partially described and intended to be
hereby appointed and assigned AND WHEREAS the said
Edward Coode hath contracted and agreed with the said
William Stephen Poyntz for the absolute purchase in fee
simple free from incumbrances of the freehold Capital
Messuage Barton Farm Demesne Lands and other
hereditaments hereinafter particularly described and
intended to be hereby appointed and also for the
absolute purchase of the said leasehold pieces and
parcels of land and premises for the respective residues
of the term of 500 years and the derivative term of 400
years at or for the price or sum of £7,000 And he the
said Edward Coode is intended and desirous that the said
freehold Capital Messuages Barton Farm Demesne Lands and
other hereditaments shall be limited and assured to the
uses upon the trusts with the power hereinafter declared
and contained thereof in order to prevent any wife of
his from being Dowerable thereout and that the said
leasehold lands and premises shall be assigned to
himself for the residue of both the said terms of years
therein in order that the said derivative term of 400
years may be united with the sink in the original terms
of 500 years NOW THIS INDENTURE WITNESSETH that in
pursuance of the said agreement with respect to the said
freehold hereditaments and for and in consideration of
the sum of £7,000 of lawful British Money by the said
Edward Coode to the said William Stephen Poyntz in hand
well and truly paid at or upon the execution of these
presents the receipt of which said sum the said William
Stephen Poyntz doth hereby acknowledge and doth acquit
the same to be in full for the absolute purchase Of the
Capital Messuage Barton farm Demesne Lands and other
tenements both freehold and leasehold intended to be
hereinafter appointed and assigned respectively and of
and from the same sum and every part thereof doth acquit
release and discharge the said Edward Coode his heirs
executors administrators and assigns for ever by these
presents and pursuant to and by virtue and in exercise
of the power and authority to the said William Stephen
Poyntz by the said indenture of the 7th day of February
1794 and common recovery suffered personal thereto for
this purpose given or limited as aforesaid so far as
respect the undivided moiety or equal half part therein
comprised of the capital Messuage Barton Farm demesne
lands and other hereditaments hereinafter mentioned And
pursuant to and by virtue and in exercise of the power
and authority to him the said William Stephen Poyntz by
the said indenture of the 25th day of March 1794 for
this purpose given or limited so far as respects the
other undivided moiety or equal half therein comprised
of the same Capital Messuage Barton Farm demesne lands
and hereditaments And also pursuant to and by virtue and
in exercise of all other powers and authorities
whatsoever enabling him in this behalf he the said
William Stephen Poyntz doth by this deed ? in writing by
him sealed and delivered in the presence of and attested
by the two credible persons whose names are intended to
be endorsed hereupon as witnesses to the sealing and
delivery of these presents by the said William Stephen
Poyntz irrevocably direct limit or appoint THAT ALL that
Capital Messuage Dwelling House Barton Farm with the
outbuildings barns garden and other apportionments
thereto belonging And all those several pieces or
parcels of demesne land to the said capital messuages or
dwelling house Barton farm belonging or therewith
occupied containing in the whole 211 acres 3 roods and
38 perches (or little more or less) all which said
Capital Messuage Barton Farm demesne land and premises
are commonly called or known by the name of TREMEER and
are situate lying and being in the Parish of Lanivett
aforesaid in the said County of Cornwall and were late
in the holding of and are now in the occupation of or
his undertenant TOGETHER with all and singular houses
outhouses edifices buildings yards ways paths passages
waters watercourses lands meadows leisures pastures
feedings woods underwoods profits privileges advantages
and appurtenances whatsoever to the Capital messuage
Barton Farm Demesne lands other hereditaments hereby
appointed or intended so to be or any part thereof
belonging or in any wise appertaining or to or with the
same or any part thereof now or at any time heretofore
demised used occupied or enjoyed (save and except and
always reserved unto the said William Stephen Poyntz his
heirs appointees and assigns all and all manner of
Common common of pasture common of turbary and all other
commonable rights in over and upon the several Commons
called Lamorack Clan and Church Town and all other
Commons and waste lands within the said Parish of
Lanivet appendant or appurtenant to the said messuage
lands hereditaments and premises hereinbefore expressed
to be bargained limited and appointed or any part and
parcel thereof and all allotments to be made in lieu of
any such Common or Commonable Rights) AND the reversion
and reversions remainder and remainders yearly and other
rents issues and profits of and all singular the said
Capital messuage Barton Farm demesne lands and other
hereditaments and all the estate right title interest
use trust property benefit claim demand whatsoever of
the said William Stephen Poyntz in to and upon the same
hereditaments shall from thenceforth go and remain And
that the said indenture of the 7th day of February 1794
and common recovery suffered pursuant thereto as to the
one undivided moiety or half part therein comprised of
the said Capital Messuage Barton Lands and other
hereditaments And also the said indentures of the 24th
and 25th days of March 1794 as to the other moiety or
half part therein comprised of the same Capital Messuage
Barton Farm lands and other hereditaments shall
severally operate and ensure To such uses upon and for
such trusts intents and purposes and with under and
subject to such powers provisos and declarations as he
the said Edward Coode by any deed or deeds writing or
writings with or without power of revocation to be by
him sealed and delivered in the presence of and attested
by two or more witnesses 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 incomplete shall
not extend To the use of the life time To the use of the
said Edward Fox his heirs and assigns during the life of
the said Edward Coode In trust nevertheless for him the
Edward Coode and his assigns And from and after the
determination of the estate so hereby limited in the use
to the said Edward Fox and his heirs as aforesaid THIS
INDENTURE ALSO WITNESSETH that in pursuance of the said
recited agreement with respect to the leasehold lands
and premises contracted for as aforesaid and in
consideration of the said sum of £7,000 paid by the said
Edward Coode to the said William Stephen Poyntz as
hereinbefore is mentioned And also in consideration of
the sum of ten shillings apiece of lawful British money
by the said Edward Coode now paid to the said William
Hazell William Budd and George Gray the receipts whereof
are hereby acknowledged They the said William Hazell
William Budd and George Gray at the request and by the
direction and appointment of the said William Stephen
Poyntz testified by this deed or instrument in writing
by him sealed and delivered in the presence of and
attested by the two credible persons whose names are
intended to be indorsed thereupon as witnesses to the
sealing and delivering of these presents by the said
William Stephen Poyntz (and which said direction and
appointment is by him the said William Stephen Poyntz
made pursuant to and by virtue of the said power of or
authority in him for this purpose vested by or under the
said indenture of the 1st day of October 1805 and all
other powers and authorities enabling him hereto) and
according to the respective estates terms and interests
of them the said William Hazell William Budd and George
Gray in the leasehold pieces and parcels of land and
other premises hereinafter assigned or intended to be
and so far only as they respectively lawfully can or may
HAVE and every of them HATH bargained sold assigned and
set over And by these presents DO and every of them DOTH
bargain sell assigned set over And to the said William
Stephen Poyntz pursuant to and by virtue and in exercise
of his said last mentioned power and authority and all
other powers and authorities and also all estates rights
and interests whatsoever enabling him in this behalf
HATH directed appointed assigned released and confirmed
And by this deed or instrument in writing so by him
sealed and delivered and so attested as hereinbefore is
mentioned DOTH irrevocably direct appoint assign release
and confirm unto the said Edward Coode his executors and
administrators All and singular the said pieces and
parcels of land situate lying and being in Lanivett
aforesaid in the said County of Cornwall containing in
the whole 4 acres 2 roods and 5 perches (or little more
or less) and late in the tenure of and now in the
occupation of or his undertenants and hereinbefore
described the same being part and parcel of the lands
and tenements assigned by the said indenture of THE 1st
day of October 1805 for the respective residues of the
said derivative term of 400 years and the said original
term of 500 years in manner aforesaid with the
appurtenances thereunto belonging (except as is
hereinbefore excepted and reserved) And the reversion
and reversions remainder and remainders yearly and other
rents issues and profits of the last mentioned premises
And all estate right title interest term and terms of
years yet to come and unexpired trust property claim and
demand whatsoever of the said William Hazell William
Budd George Gray and William Stephen Poyntz and every of
them into and upon the same premises TO HAVE AND TO HOLD
the said leasehold pieces and parcels of land and other
premises hereby appointed and assigned and intended so
to be and every part thereof unto the said Edward Coode
his executors administrators and assigns from henceforth
for and during all the rest and residue now to come and
unexpired of the said original term of 500 years created
by the said in part recited will And also for and during
all the rest and residue now to come and unexpired of
the said derivative term of 400 years created by the
said indenture of the 25th day of March 1773 as
aforesaid and each and every one of them the said
William Hazell William Budd and George Gray so far only
as relates to his own Acts and Deeds and not as to the
arts or deeds of the others or other of them)DOTH hereby
for himself his heirs executors and administrators
covenant and declare with and to the said Edward Coode
his executors administrators and assigns that they the
said William Hazell William Budd and George Gray
respectively have not nor hath any of them respectively
heretofore made and committed or suffered any act deed
matter or thing whatsoever whereby or by reason or means
whereof the pieces or parcels of land and other
leasehold premises hereinbefore mentioned to be hereby
appointed and assigned or any of them or any part
thereof are is shall or may be impeached charged
asserted or incumbered in title estate as otherwise
howsoever AND the said William Stephen Poyntz doth for
himself his heirs executors and administrators grant
covenant promise and agree to and with the said Edward
Coode his heirs appointees executors administrators and
assigns respectively or any person or persons lawfully
claiming by from under or in trust that for and
notwithstanding and act deed matter or thing whatsoever
by him the said William Stephen Poyntz or by the said
William Poyntz and Isabella his wife both deceased
respectively or any person or persons lawfully claiming
by from under or in trust for him them or any of them
made done committed executed or suffered to the contrary
the powers by the said indentures of the 7th day of
February 1794 and common recovery suffered pursuant
thereto and the said indenture of the 25th day of March
1794 respectively given or limited to the said William
Stephen Poyntz as aforesaid were thereby respectively
well and effectually created And that the same
perspective powers are now in full force as to the
freehold hereditaments hereinbefore appointed and in
nowise suspended extinguished or impeached And that by
the exercise hereby made of the same powers respectively
the freehold Capital messuage Barton Farm demesne lands
and other hereditaments hereinbefore limited and
appointed will be effectually conveyed or limited and
assured To and upon the uses and trusts and with power
hereinbefore declared and contained thereof for the sole
benefit of the said Edward Coode his heirs and assigns
And that for and notwithstanding any act deed matter or
thing whatsoever by the said William Stephen Poyntz or
by the said William Poyntz deceased respectively or any
person or persons lawfully claiming by from under or in
trust for them or either of them made done committed
executed or suffered to the contrary the power by the
said indenture of the 1st day of October 1805 given or
limited to the said William Stephen Poyntz as aforesaid
was thereby well and effectually created And that the
same is now in full force and in no wise suspended
extinguished or impeached and that by the exercise
hereby made of the said last mentioned power and the
assignment hereinbefore contained of one of them the
leasehold pieces or parcels of land and other premises
hereinbefore appointed and assigned will be effectually
vested in the said Edward Coode his executors and
administrators and assigns for the residue of the said
term of 500 years created by the said will of the said
Sir John St Aubyn the father and also of the said
derivative term of 400 years And that it shall and may
be lawful to and for the said Edward Coode his heirs
appointees executors administrators and assigns
respectively from time to time and at all times
hereafter peaceably and quietly to have hold occupy
possess and enjoy the said Capital Messuage farm and
demesne lands and also the said leasehold appurtenances
according to the several natures and tenures thereof and
to have receive and take the rents issues and profits
thereof respectively to and for his and their own
benefit without any the lawful let suit trouble eviction
claim or demand whatsoever of or by him the said William
Stephen Poyntz or any person or persons lawfully
claiming or to claim by from under or in trust for him
or by from UNDER or in trust for the said William Poyntz
and Isabella his wife both deceased or either of them
respectively And that free and clear and freely and
clearly acquitted exonerated and for ever discharged or
otherwise by the said William Stephen Poyntz his heirs
executors and administrators well and sufficiently saved
defended kept harmless and indemnified of from and
against all former and other gifts grants bargains sales
appointments jointures dowers uses trusts intails wills
statutes judgements executions rents forfeitures
securities and all other estates titles charges and
incumbrances whatsoever had made executed occasioned or
suffered by the said William Stephen Poyntz or by the
said William Poyntz and Isabella his wife both deceased
or either of them respectively or any person or persons
lawfully claim or to claim by from or under or in trust
for him them or any of them AND FURTHER that he the said
William Stephen Poyntz his heirs executors and
administrators respectively and all and every other
person or persons whosoever having or claiming or to
have or claim any lawful or equitable estate right title
or interest in to or out of the said freehold messuage
farm demesne lands and the said leasehold lands and
other hereditaments and premises hereby appointed and
assigned respectively or intended so to be or any part
thereof respectively by from under or in trust for him
the said William Stephen Poyntz or by from under or in
trust for the said William Poyntz and Isabella his wife
respectively or any of them shall and will at all times
hereafter upon every reasonable request and at the
proper costs and charges of the said Edward Coode his
heirs appointees executors administrators or assigns
respectively make do and execute or cause and procure to
be made done and executed all and every such further and
other lawful and reasonable acts deeds things
conveyances assignments and assurances in the law
whatsoever for the further better and more absolutely
conveying and assuring the freehold capital messuage
farm demesne lands and other hereditaments hereby
limited and appointed or intended so to be and every
part thereof with the appurtenances To and upon the uses
and trusts and with the power hereinbefore declared and
contained thereof and for the further better more
perfectly and absolutely assuring the leasehold pieces
or parcels of land and other premises hereby appointed
and assigned or intended so to be unto the said Edward
Coode and executors administrators and assigns for and
during all the rest and residue of the aforesaid term of
500 years and also the said derivative term of 400 years
now subsisting therein as by the said Edward Coode his
heirs executors administrators or assigns respectively
or his or their Counsel in the law shall be reasonably
devised or advised and required AND ALSO that he the
said William Stephen Poyntz his heirs and assigns shall
and will at his and their own costs and charges and
within the space of 5 years from the day of the date of
these presents case and promise to be made and executed
unto the said Edward Coode his heirs and assigns in
surrender of a certain term of 500 years created by the
settlement made on the marriage of the late Edmund Earl
of Cork and Orrery with Ann late Countess of Cork and
Orrery (formerly Anne Courteney spinster) bearing date
the 13th day of August 1794of and in the undivided
Moiety of the said Capital Messuage Barton Farm Demesne
Lands and other hereditaments hereinbefore conveyed
limited and assured the trusts of which said term have
ceased on the death of the said Anne Countess of Cork
and Orrery and which said term is now vested in Henry
Seymour Esquire (now a prisoner on France) as the
present Representative of Henry Seymour Esquire who
survived his Co trustee John Earl of Sandwich in the
said indenture of settlement named and appointed and in
the mean time and until the surrender shall be made
shall and will save and keep harmless the said Edward
Coode his heirs and assigns of from and against all
evictions interruptions costs damages expenses claims
demands to be incurred or occasioned by the existence of
the same term or want of such surrendered AND MOREOVER
that he the said William Stephen Poyntz his heirs or
assigns shall and will from time to time and at all
times hereinafter unless prevented by fire or some other
inevitable accident upon every reasonable request or
notice and at the proper costs and charges of the said
Edward Coode his heirs appointees or assigns produce and
show forth or cause and procure to be produced and shown
forth to the said Edward Coode his heirs appointees
executors administrators or assigns respectively or to
his or their agents or attornies or at any trial hearing
commission or examination in or directed by any Court or
Courts of Law or Equity in England all or any of the
several deeds evidences and writings mentioned or
comprised in the schedule to these presents (which deeds
evidences and writings relate to and concern the estate
and title of and to not only the said freehold Capital
messuage Barton Farm demesne lands and other
hereditaments but also diverse other hereditaments of
greater value of him the said William Stephen Poyntz)
when and as often as there shall be occasion to inspect
or produce the same or any of them for the maintenance
making out defending or proving the estate right title
property or possession of him the said Edward Coode his
heirs appointees or assigns or his or their trustee or
trustees in or to the freehold Capital Messuage Barton
Farm demesne lands and other hereditaments hereinbefore
limited and appointed or intended so to be or any part
thereof AND ALSO shall and will at the like bequest
costs and charges of the said Edward Coode his heirs
appointees or assigns cause to be made out and delivered
to him or them any copy or copies attested or unattested
of all or any of the said deeds evidences and writings
AND LIKEWISE shall and will in the mean time keep and
preserve the said deeds evidences and writings safe
whole uncancelled (all lossed and damaged by fire or any
other inevitable accident as aforesaid only accepted) IN
WITNESS whereof the said parties to these presents have
hereunto set their hands and seals the day and year
first above written
THE SCHEDULE TO WHICH THE FOREGOING
INDENTURE REFERS
3RD AND 9TH MAY 1732
indentures OF lease and release between John Belfield
Sergeant at Law of the one part and Kellous Courtenay of
Tromaor in the County of Cornwall of the other part
1st September 1737
INDENTURE between the said Kellous Courtenay of the
first part Lady Ann Harvey widow and the Honourable
Elizabeth Montague her grand daughter of the second part
and William Duke of Devonshire the Honourable Charles
Montague Nicholas Cove Gentleman Sir William Courtenay
Baronet and Sir John Chichester Baronet of the third
part
26th and 27th March 1740
INDENTURES of Lease and Release the release between the
said Kollous Courtenay and Elizabeth Courtenay his wife
of the first part the said Lady Ann Harvey of the second
part and the said Duke of Devonshire Charles Montague
Nicholas Cove Sir William Courtenay and Sir John
Chichester of the third part
22nd May 1744
PROBATE of the will of the said Kellous Courtenay and
codicil dated 7th February
1747
20th March 1761
PROBATE of the will of Charles Courtenay
20th and 21st January 1762
INDENTURES of lease and release the release between John
Earl of Sandwich John Williams and Bartholomew Jeffery
of the one part Isabella Courtenay and Anne Courtenay
spinsters sisters and coheirs of the said Charles
Kellous Courtenay of the other part
9th and 10th March 1762
INDENTURES of lease and release the release between
William Poyntz Esquire of the first part the said
Isabella Courtenay of the second part George Mason and
Noble Walwyn Pytto of the third part John Earl of
Sandwich John Lord Viscount Spencer John Lord Viscount
Villiers and Henry Seymour of the fourth part being the
settlement made on the marriage of the said William
Poyntz and Isabella Courtenay
8th February 1763
INDENTURE between the said John Earl of Sandwich John
Lord Viscount Spencer William Poyntz and Isabella his
wife and Anne Courtenay spinster of the one part and
John ?(Duntze) of the other part
29th and 30th August 1764
INDENTURES of lease and release the release between the
said Anne Courtenay of the first part Edmund earl of
Cork and Orrery of the second part John Earl of Sandwich
and Henry Seymour of the third part and Noble Wallwyn
Pytto and John Pierce of the fourth part being the
settlement made on the marriage of the said Anne
Courtenay with the Earl of Cork
7th Geo 3rd
AN ACT of Parliament intitled An Act for Vesting part of
the settled estates of William Poyntz Esquire in
Trustees
MEMORANDUM indorsed dated 10th February 1769
10th November 1780
BARGAIN AND SALE inrolled in the Court of Common Pleas
between the said Edmund Earl of Cork and Orrery of the
first part Lord Viscount Dunarrou (Could be Dungarvall
MMC) his eldest son of the second part John King Esquire
of the third part and Wallwyn Shepheard Gentleman of the
fourth part
Michalmas Term 1788
EXEMPLIFICATION of lease and release the release between
the said Edmund Earl of Cork and Orrery and Edmund
Viscount Dungarvall of the one part and the Honourable
Edward Montague Alexander Bigginson John Phillips John
King Thomas Hammersley and Wallwyn Shepheard Esquire of
the other part
7th February 1794
BARGAIN AND SALE inrolled in the Court of Common Pleas
between the said William Poyntz and Isabella his wife of
the first part William Stephen Poyntz Esquire of the
second part Bigoe Charles Williams of the third part and
Samuel Darke of the fourth part
Hilary Term1794
EXEMPLIFICATION of the recovery Samuel Darke demandant
Bigoe Charles Williams Tenant and William Stephen Poyntz
first vouchee and William Poyntz and Isabella his wife
second vouchees of estates in Cornwall
24th and 25th March 1794
INDENTURES of lease and release the release between the
said Edward Montague john Phillips John King Thomas
Hammersley and Wallwyn Shepheard of the first part the
said Edmund Earl of Cork and Orrery and Edmund Viscount
Dungarvall of the second part and the said William
Poyntz and Isabella his wife and William Stephen Poyntz
of the third part
1st April 1795
INDENTURE between the said Earl of Cork and Viscount
Dungarvall Montague Phillips King Hammersley and
Shepheard of the one part and the said William Poyntz
and William Stephen Poyntz of the other part
26th March 1807(or1)
INDENTURE between the said William Poyntz and William
Stephen Poyntz of the first part Edmund Earl of Cork of
the second part and Jeffery Edwards and Philip
Michelmore of the third part
Signed
William Stephen
Poyntz
Edward Coode |
William Hazell
Edward Fox |
William Budd |
G Gray |
Signed on reverse William Stephen Poyntz
John Stevens of Eastbourne Sussex
Thomas Willis Clerk to Mess Budd and Gray Newbury Berks
John Brown clerk to Rashleigh Coode St Austell
? Carbis Clerk to Rashleigh Coode St Austell
George Hazell Midgeham in Herts
John Goswell Midgeham in Herts
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