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1811 8th November Tremeer Lanivet

THIS INDENTURE OF 3 parts made the 8th day of November in the 51st 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 1811 BETWEEN EDMUND JOHN GLYNN of Glynn in the said County Esquire of the first part ROBERT WALKER of the Parish of Saint Winnow in the said County Clerk of the second part and JOHN COLMAN RASHLEIGH of Prideaux in the said County Esquire and EDWARD WILLIAM STACKHOUSE of Pendarves in the same County Esquires (trustees nominated by and in part of the said Robert Walker) of the third part WHEREAS the said Robert Walker hath contracted and agreed with the aid Edmund John Glynn for the purchase of a clear annuity or annual sum of £500 of lawful money of Great Britain to be paid to the said Robert Walker his executors administrators and assigns for and during the natural lives of him the said Robert Walker and Sophia his now wife and for and during the life of the longest liver of them by equal quarterly payments together with a proportionable part thereof from such of the quarterly days of payment as shall happen next before the decease of the survivor of them the said Robert Walker and Sophia his wife ? and up to the day of their decease at or before the price or sum of £5,500 pounds of like lawful money which said sum of £5,500 the said Robert Walker hath this day paid to the said Edmund John Glynn in notes of the Governor of the company of the Bank of England expressed to be payable to the bearer on demand AND WHEREAS the said Edmund John Glynn in pursuance and part performance of the said Agreement hath by a certain bond or obligation bearing even date with but executed previous to the sealing and delivery of these presents become bound unto the said Robert Walker in the penal sum of £11,000 with a condition there over written for making the same void if the said Edmund John Glynn his heirs executors or administrators did and should well and truly pay or cause to be paid unto the said Robert Walker his executors administrators or assigns for and during the natural lives of the said Robert Walker and Sophia his wife and for and during the natural lives of the said Robert Walker and Sophia his wife and for and during the life of the longest liver of them one annuity free and clear yearly sum of £500 of lawful money of Great Britain without any deduction or abatement whatsoever and free and clear and of and from all taxes whatsoever by equal quarterly payments (that is to say) the 25th day of March the 24th day of June the 29th day of September and the 25th day of December in every year the first payment thereof to be made on the 25th day of September next ensuing the date hereof together with a proportionable part of the said annuity or yearly sum of £500 from such of the said quarterly days of payment which shall happen next before the oath of the survivor of them the said Robert Walker and Sophia his wife from and up to the day of his or her decease AND WHEREAS upon the ? for the purchase of the said annuity or annual sum of £500 it was proposed and agreed that the said Edmund John Glynn for the better ensuring the same should charge the Capital Messuage Barton Farm Demesne Lands and Hereditaments hereinafter described and expressed to be hereby demised with the payment thereof in the manner hereinafter mentioned NOW THIS INDENTURE WITNESSETH that in further pursuance of the said proposal and agreement and for the better and more effectual ensuring the perpetual payment of the said annuity or yearly sum of £500 unto the said Robert Walker his executors administrators or assigns for and during the natural lives of the said Robert Walker and Sophia his wife and for and during the life of the longer liver of them and also for and in consideration of the said sum of £5,500 of lawful money of Great Britain to the said Edmund John Glynn paid by the said Robert Walker in notes of the Governor of the Bank of England expressed to be payable to the bearer on demand as aforesaid the receipt whereof he the said Edmund John Glynn doth hereby acknowledged and of and from the same and every part thereof doth acquit release and discharge the said Robert Walker by these presents and also in consideration of the sum of 10 shillings of lawful money of Great Britain to the said Edmund John Glynn or at or before the sealing and delivery of these presents well and truly paid by the said John Colman Rashleigh and Edward William STACKHOUSE the receipt whereof is hereby acknowledged He the said Edmund John Glynn at the request and by the direction and opportunity of the said Robert Walker testified by his being a party to and sealing and delivery these presents HATH granted bargained sold and demised and by these presents DOTH grant bargain sell and demise unto the said John Colman Rashleigh and Edward William STACKHOUSE their executors administrators and assigns ALL that Capital Messuage or dwelling house and Barton and farm with the outbuildings barns garden and other appurtenances thereto belonging and all those several pieces or parcels of Demesne land to the said Capital Messuage or dwelling house Barton and farm belonging or therewith occupied containing in whole 211 ¾ acres 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 in the said County of Cornwall and were late in the holding of William Lanyon since of the said Frances Lanyon his widow and in the occupation of the said Thomas Thomas as tenant thereof AND ALSO ALL that tenement called Tredenou otherwise Tredinham with its appurtenances situate lying and being in the Parish of Lanivett aforesaid and now held by or in the occupation of the said Thomas Thomas AND ALSO ALL those pieces and parcel of land or ground situate lying and being in the Parish of Lanivett aforesaid containing in the whole 4 acres 2 roods and 5 perches or little more or less late in the tenure of the said William Lanyon since of the said Frances Lanyon his widow and now also by or in the occupation of the said Thomas Thomas of or which said pieces and parcels of land or ground the said Edmund John Glynn now is possessed and intitled for the for the residue and certain term of 500 years recited by the last and testament of Sir John Saint Aubyn late of Clowance in the said County of Cornwall Baronet deceased bearing date on or about the 21st day of February in the year 1760 together with all and singular house outhouses edifices buildings yards ways paths passages waters watercourses lands meadows leisure’s pastures feedings woods underwoods profits privileges advantages and appurtenances whatsoever to the said Capital Messuages Barton Farm Demesne lands and other premises hereby granted and demised or intended or to be or any part or parts thereof respectively belonging or in any wise appertaining or to or with the same or any part or parcels of any part or parts thereof respectively now or at any time (save and except and always reserved unto William Stephen Poyntz of Cordoray in the County of Sussex Esquire his heirs appointees and assigns all and all manner of commons common of pasture and turbary and all other commonable rights in over and upon the several commons called Lamorrack Clan and Church Town and all other commons wastelands within the said Parish of Lanivett appendant or appurtenant to the said Capital Messuage Lands hereditaments and premises called Tremeer hereinbefore expressed to be hereby demised or any part or parcel thereof and all allotments to be made in lieu of any such commons or commonable rights) and the reversion and reversions remainder and remainders yearly and other rents issues and profits of all AND singular the said capital messuage Barton Farm Demesne Lands hereditaments and other premises hereinbefore expressed and intended to be hereby demised with their appurtenances and every part and parcel thereof respectively and all the estate right title interest use trust property benefit claim and demand whatsoever of the said Edmund John Glynn in to and upon the same Capital Messuage Barton Farm Demesne Lands hereditaments and premises or any part or parts thereof respectively TO HAVE AND TO HOLD the said capital Messuage Barton Farm and Demesne Lands Hereditaments and Premises hereinbefore mentioned to be or hereby granted and demised or intended so to be with their and every of their respective rights members and appurtenances unto the said John Colman Rashleigh and Edward William STACKHOUSE their executors administrators and assigns from the day next before the day of the date of these presents and for and during and unto the full end and term of 400 years thence next ensuing and fully to be complete and ended without impeachment of waste upon the trusts nevertheless and to and for the ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say) IN TRUST to permit and suffer the said Edmund John Glynn his heirs executors administrators and assigns to receive and take the rents issues profits of the said Capital messuages Barton Farm Demesne Lands hereditaments and premises until default shall happen to be made or in payment of the said annuity or yearly sum of £500 at the days times and in manner hereinbefore and in the condition of the said recited bond mentioned and appointed for payment thereof AND UPON THIS FURTHER TRUST that in case annuity or yearly sum of £500 or any part thereof shall be behind and unpaid by the space of 30 days next over or after any of the said days of payment whereon the same is hereinbefore and in and by the condition of the said recited bond appointed to be paid aforesaid Then and so often and from time to time it shall and may be lawful to and for the said John Colman Rashleigh and Edward William STACKHOUSE and the survivor of them and the executors and administrators or such survivor and they are hereby respectively directed from time to time by and out of the rents issues and profits of the capital messuage Barton Farm Demesne Land hereditaments and premises comprised in the said term of 500 years or by mortgage or sale from time to time thereof or of a competent part thereof of all or any part of the said term of 400 years or by bringing actions from time to time against any of the tenants or occupiers of the said Capital Messuages Barton Farm Demesne Lands hereditaments and premises or any part thereof or by all or any of the aforesaid ways and means or by any other ways and means whatsoever as to the said John Colman Rashleigh and Edward William STACKHOUSE or the survivor of them or the executors or administrators or each survivor shall deem meet to levy raise and pay all each arrears of the said annuity or yearly sum of £500 do agree to be paid by the said Edmund John Glynn his heirs executors administrators or assigns as aforesaid as shall from time to time be so remaining one and unpaid together with all such costs damages and expenses as the said Robert walker and his assigns or they the said John Colman Rashleigh and Edward William STACKHOUSE or the survivor or them or the executors administrators of such survivor shall expend sustain or be put unto by reason of the non payment or extension of the said annuity or yearly sum or any part thereof or otherwise in execution of the trusts hereby declared concerning the said term of 400 years AND the said Edmund John Glynn for himself his heirs executors administrators and assigns in manner following (that is to say) that for and notwithstanding any act deed matter or thing whatsoever by him the said Edmund John Glynn made done or committed or permitted or suffered to be made done or committed the to contrary he the said Edmund John Glynn now hath in himself good right full power and lawful and absolute authority to ? and charge the said Capital Messuage Barton Farm Demesne Lands hereditaments and premises with their and every of their rights members and appurtenances with the ? premises unto the said John Colman Rashleigh and Edward William STACKHOUSE their executors administrators or assigns in manner and form aforesaid ANS FURTHER that all and every the said Capital Messuage Barton Farm Demesne Land hereditaments and premises hereinbefore mentioned to be hereby granted and demised or intended so to be with their appurtenances shall and lawfully may from time to time and at all times hereafter remain routine and be upon the trusts and to and for the several intents and purposes hereinbefore expressed and declared of and concerning the same and shall and may be peaceably and quietly held and enjoyed accordingly without any trouble denial eviction or interruption of or by him the said Edmund John Glynn or of or by any other person or persons lawfully claiming or to claim by from or under or in trust for him or any other person or persons whomsoever and that free and clear and freely and clearly and absolutely acquitted executed and discharged or otherwise by the said Edmund John Glynn his heirs executors or administrators well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other gifts grants bargains sales leases mortgages fortunes dowers uses trusts wills intails estates titles troubles charges and incumbrances whatsoever at any time or times heretofore had made done committed or suffered by him the said Edmund John Glynn or by any other person or persons lawfully or equitably claiming by from or under or in trust for him them or any of them AND FURTHER that he the said Edmund John Glynn and his heirs and all and every other person and persons lawfully claiming or to claim any estate right title trust or intent either at law or in equity of in to or out of the said Capital Messuage Barton Farm Demesne Lands hereditaments and premises by from or under or in trust for him the said Edmund John Glynn shall and will from time to time and at all times hereafter upon every reasonable request of him the said Robert Walker but at the proper cost and charges of him the said Edmund John Glynn his heirs or assigns make do acknowledge levy suffer and execute or cause and promise to be made done acknowledged levied suffered and executed all and every such further or other lawful and reasonable acts deeds conveyances and assurances in the law whatsoever for the further better more perfect and absolute granting and charging the said Capital Messuage Barton Farm Demesne Land hereditaments and premises hereinbefore mentioned and every part and parcel thereof respectively with their and every of their rights members and appurtenances in such manner upon such trusts and to and for such ? intents and purposes as are in and by these presents expressed and declared of and concerning the same as by the said Robert Walker his executors administrators or assigns or his or their Counsel learned in the law shall be reasonably devised or advised and required IN WITNESS whereof the parties aforesaid to these presents their hands and seals have set the day and year first above written

Signed

E J Glynn John Colman Rashleigh Robert Walker
Edward William Stackhouse

Signed on reverse
Edward Coode
Joseph Childs
E P Glynn
(Two signatures undecipherable.)

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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document.