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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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