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Case
22 October 1751
01
John Lynam of St Minver in the County of Cornwall
Gentleman by his Will of this Date Duly Executed and
attested. Gave and Devised his Real Estates Situaten in
the Parishes of St Kewe and Saint Minver in Cornwall to
his cousin Joseph Lynam, then and now of Dublin in the
Kingdom of Ireland Merchant - under the Limitations,
Conditions Restrictions and Injunctions in the said Will
mentioned (See copy thereof hereto annex’d) the Testator
lived several years after the making his said Will by
Dyed without Altering or Revoking the same. The
Testator’s two Sisters Hellena Elvans and Diana Nation
are both Dead and Mr Joseph Lynam is in Possession and
Reception of all the Rents and Profits of the Estates
Except Cant but Christian Lynam his widow the Devisee
for Life of the Tenement of Cant is still living and in
the Possession of that Estate and Resides on it. Mr
Joseph Lynam the Devisee for Life, hath a son called
John who is of Age and Lives also at Dublin in Ireland
with his Father, Mr Joseph Lynam’s Wife
is now Living Mr Arundell and Mr Guy the two Trustees in
the Testator’s Will are both Dead and Mr Guy was the
Survivor of them and Mr Joseph Lynam and his Son Mr John
Lynam being desirous of selling the Estates Devised to
them, it being Inconvenient for them to reside on it in
England as Injoined by the Will wish to know if they can
by any and what means, make a complete Title and
conveyance thereof to a Purchaser -
Q Therefore whether Mr Joseph Lynam, with his
wife and son, together with Christian Lynam the
testators widow and the Heir at Law of Mr Guy the
Surviving Trustee under the Will, or any other Proper
Parties, can by Suffering a Recovery or how otherwise
make these Estates a Fee simple in Mr Joseph Lynam, so
as to enable him to make
02
a perfect and complete conveyance thereof., to a
Purchaser, and if it can be done you will be pleased to
Point out, who are to be the proper Parties to the
Recovery, and Also to the Conveyance, and whether Mr
Joseph Lynam his wife and son, can by Dedimus or how
otherwise as Effectually suffer the Recovery in Ireland
as they cd [could] have Done it had they been in
England, on the whole you will be pleased to point out
such a Method to be pursued, as will give a Purchaser a
complete and perfect Title to the Premises Devised by
the Will of the aforesaid John Lynam Deceased Subject
only to the Life Estate in the Tenement of Cant of the
said Christian Lynam, And it if is necessary for
Christian Lynam to join in such Recovery, what method
Sho’d [should] be taken to secure her, the Estate of
Cant during her Life.
I have perused the Will above referred to and with
respect to the Premises called Cant the same stand
devised to Mrs Christian Lynam the widow for Life The
remainder to Mr Joseph Lynam for Life Remainder to
Trustees and their heirs during his life In Trust to
support contingent Limitations remainder to the First
and other Sons of the said Joseph Lynam severally and
successively in Tail Male with Remainder over Subject to
certain collateral Conditions or Injunctions as to the
Residue to All of which as the first Tenant in tail is
of
03
Age may I conceive be destroyed by a Common recovery,
but as the Freehold of these premises called Cant is
vested in Mrs Christian Lynam, a good tenant to the
Praecipe for differing a recovery thereof, cannot be
made without her joining in a Conveyance of the
Premises. But should she consent to join with Mr Joseph
Lynam and his Eldest Son in a Lease and Release, Bargain
and Sale to be inrolled, or other sufficient conveyance
to and to the use of some Person and his Hrs to make
such person Tenant of the Freehold to the Intent that a
common Recovery may be had, and a recovery is duly
suffered accordingly in which the son is vouched and
vouches over the common Vouchee the Estate tail of the
Son and all the subsequent remainders and Conditions
will be Barred and destroyed and the Pemises may be
again limited to Mrs Christian Lynam for Life, Remr to
Mr Joseph Lynam for Life, with reversion to his Son in
fee or the fee may be at once limited to a Purchaser or
otherwise as Mrs Christian Lynam Mr Joseph Lynam and his
Son shall respectively think fit or agree upon. Mrs
Lynam the Widow can run no risk by joining, if the
Tenement of Cant is by the Uses of the recovery limited
again to her for Life. Indeed considering that her
Estate for life is Liable to be defeated in case of
non-residence it will be of Advantage to her to join in
the Conveyance in order to take back her Life Interest
discharged of such Condition as to residence, which the
remainder then I presume can have no objection to do.
As to the other parts of the Estate of which Mr Joseph
Lynam is by the Decease of Mrs Elvans or otherwise,
Tenant for Life in possession he and his Eldest Son the
Tenant in tail may, without the concurrence of the
Trustees or the Wife or any other Person, make a good
Tenant to the Praecipe and by Suffering a common
Recovery bar the Son’s Estate tail, and all Remainders
and Conditions expectant thereon and convey the fee
simple thereof to a Purchaser or otherwise as they may
agree of think fit, and if Mrs Lynam the widow will join
in the conveyance of the Tenement of Cant, the Whole
Estate may be inclued in the same conveyance and
recovery, and Subject to a limitation for life to her in
Cant, the reversion in the fee thereof And the fee
simple of the other Premises may be limited and settled
to Such uses as Mr Joseph Lynam and his Son shall
appoint or other wise as they think fit
I think it may be adviseable that Mr Joseph Lynam as
well as his son should be vouched in the Recovery and
apprehend that They may appear by Attorney on Warrants
taken be fore Commissioners in Ireland by Dedimus
Protestatem in the same manner as if their Warrants were
taken by Dedimus before the Commissioners in England
Richd Hughes
Link Inn May 1791
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