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THIS INDENTURE made the third day of
September one thousand eight hundred and sixty one
between EDWARD CAPEL WHITEHURST of six Lower Belgrave
Street in the City of Westminster Gentleman of the one
part and HENRY COOM of Bodmin in the County of Cornwall
Land Surveyor of the other part WHEREAS by Indenture of
Lease bearing date the first day of November one
thousand eight hundred and forty nine and made between
Henry Coom (party hereto) of the one part and William
Fitze of the other part FIRSTLY all that messuage or
dwellinghouse with the appurtenances together with the
several fields or closes of land held Herewith
containing by admeasurement seven acres three roods and
twenty two perches be the same more or less heretofore
part of Mulberry Common in the parish of Lanivet in the
said County of Cornwall formerly in the occupation of
Richard Higgs deceased then of William Chapman late of
Messieurs Thomas and Eade and now of James Cowl SECONDLY
all that dwellinghouse and premises with the
appurtenances together with the several fields and
closes of land held therewith containing by
admeasurement seventeen acres one rood and thirty one
perches be the same more or less heretofore part of
Mulberry Common aforesaid formerly in the occupation of
John Stephens late of John Penne and now of the said
James Cowl and THIRDLY all that field and close of land
called Ropers Meadow part of the estate of Lower Woodly
in the said parish of Lanivet containing by
admeasurement one acre one rood and eighteen perches
late in the occupation of James Retallick (as tenant to
the said Henry Coom ALSO all that piece or parcel of
unenclosed land situate immediately below and adjoining
to the premises thereinbefore demised and described as
formerly occupied by the said Richard Higgs containing
by admeasurement two acres two roods more or less which
said field called Ropers Meadow and the piece or parcel
of unenclosed land. ALL WHICH said hereditaments and
premises contain together twenty nine acres and thirty
one perches and is intended henceforth to be held and
enjoyed as one tenement to be called “Barrington Lodge”
and their respective appurtenances were demised by the
said Henry Coom unto the said William Fitze his
executors administrators and assigns from the first day
of November One Thousand eight hundred and forty nine
for the term of ninety nine years if William Fitze then
aged twenty nine years Frances Elenora his wife then
aged twenty nine years and John William Mahony Fitze
brother of the said William Filze then aged twenty five
years or either of them should so long happen to live
and under and subject to the rent covenants conditions
and agreements in the said Indenture of Lease contained
with their rights members and appurtenances were demised
unto the said William Fitze his executors administrators
and assigns from the twenty fifth day of December then
next for the term of ninety nine years at the yearly
rent of ten pounds and ten shillings during the first
seven years of the said term and the yearly rent of
twelve pounds and five shillings during the remainder of
the said term of ninety nine years and under and subject
to such covenants and conditions therein contained and
in the part of the lease his executors administrators
and assigns to be performed and observed AND WHEREAS by
Indenture of Assignment dated the fourteenth day of July
one thousand eight hundred and fifty three and made
between the said William Fitze of the one part and the
said Edward Capel Whitehurst of the other part the said
premises were assigned to the said Edward Capel
Whitehurst his executors and administrators and assigns
for all the residue of the said term subject to a lieu
or mortgage therein credited in favor of one Thomas
Tilson AND WHEREAS the said Edward Capel Whitehurst hath
contracted and agreed with the said Henry Coom for the
sale to him of the said hereditaments and premises
comprised in and demised by the said recited Lease with
their appurtenances for the residue now to come and
unexpired of the said term and determinable as aforesaid
at the price or sum of TWENTY POUNDS subject as in the
said Indenture mentioned and also subject to an
Indenture of Lease dated first day of April One thousand
eight hundred and fifty four and made between the said
Edward Capel Whitehurst of the one part and the said
William Thomas and Henry Eade of the other part NOW THIS
INDENTURE WITNESSETH that in consideration of the sum of
twenty pounds to him the said Edward Capel Whitehurst
paid He the said Edward Capel Whitehurst hath by these
presents granted sold assigns and transferred and doth
by these presents grant sell assign and transfer unto
the said Henry Coom his executors administrators and
assigns all the premises granted by the hereinbefore
recited Lease together with all rights members and
appurtenances thereto belonging TO HOLD the same
premises with the appurtenances unto the said Henry Coom
his executors administrators and assigns subject
nevertheless as hereinbefore expressed for all the rest
residue and remainder of the said term of ninety nine
years now to come and unexpired ALSO that he the said
Edward Capel Whitehurst now hath power to assign the
said premises subject as aforesaid unto the said Henry
Coom his executors administrators and assigns for the
term and in manner aforesaid IN WITNESS WHEREOF the said
parties hereto have hereunto set their hands the day and
year first above written
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Transcribed by Kay Thomson from a document in the Malcolm McCarthy Collection |