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SURNAMES QUOTED HEREIN: BENNETT,
BLAKE, DORRONT, ESSERY, FOOKES, JOHNS, OLIVER, POMERY,
TILLIE
This Indenture tripartite made the Twentieth
day of August in the year of our Lord One
thousand eight hundred and eight Between Mary
Fookes of Westneath in the parish of Duloe in the County
of Cornwall Widow Relict and Administratrix of William
Fookes late of the same place Gentleman deceased who was
Mortgagee in fee of the Tenement and hereditaments
herein described and intended to be hereby conveyed and
which said Mary Fookes is entitled to the equity of
redemption of the same premises of the first part The
Reverend William Fookes of the borough of East Looe in
the said County Clerk only son and heir at Law of the
said William Fookes deceased of the second part and
Charles Oliver of the parish of Saint Neot in the said
County Blacksmith of the third part Witnesseth
That for and in consideration of the Sum of Forty
Pounds of lawful Money of Great Britain of the said
Mary Fookes in hand well and truly paid by the said
Charles Oliver at or before the sealing and delivery of
these presents the receipt and payment whereof
respectively they the said Mary Fookes and William
Fookes do hereby respectively acknowledge and of and
from the same and every part thereof do hereby severally
aquit release and discharge the said Charles Oliver his
heirs executors administrators and assigns and also the
tenements and heredtiments hereby intended to be
conveyed And also in the consideration of the sum of
Five Shillings of like lawful Money to the said William
Fookes in hand likewise well and truly paid by the said
Charles Oliver at or before the sealing and delivery
hereof the receipt whereof is hereby acknowledged He the
said William Fookes at the request and by the direction
and appointment of the said Mary Fookes testified by her
being party to these presents hath bargained
released and confirmed and by these Presents doth
bargain sell release and confirm And the said Mary
Fookes hath granted bargained sold aliened
released ratified and confirmed and by these presents
doth grant bargain sell alien release ratify and
confirm unto the said Charles Oliver in his actual
possession now being by virtue of a bargain and sale to
him made thereof by the said William Fookes and Mary
Fookes for five Shillings Consideration by Indenture
bearing date the day next before the date of these
presents for one whole year commencing from the day next
before the day and the date of the said Indenture of
Bargain and Sale and by force of the statute for
transferring uses into possession and to his heirs
All that One dwellinghouse with Smiths Shop and
Garden adjoining with the Appurtenances commonly called
Pomery’s House situate lying and being at Ley in the
Parish of St Neot aforesaid formerly in the possession
of Thomas Pomery blacksmith and now of the said Charles
Oliver and also All that one dwellinghouse and garden
thereto belonging situate lying and being at Ley
aforesaid within the parish of St Neot formerly in the
possession of Thomas Johns and also All that One
other Dwelling House with the Appurtenances situate
lying and being at Ley aforesaid within the aforesaid
parish of Saint Neot formerly in the possession of
Benjamin Tillie together with all Outhouses Buildings
Ways Fences easements Profits Advantages and
Appurtenances whatsoever to the said heridatements and
premises belonging or therewith holdon occupied or
enjoyed And the Reversion and Reversions Remainder and
Remainders Rents Issues and Profits of the same Premises
And all the Estate right title Interest use trust
possession property claim and demand whatsoever as well
legal and equitable of them the said William Fookes and
Mary Fookes or either of them of in and out of the said
heriditaments and Premises or any part thereof To
have and to hold the said Dwelling houses Lands
Tenements Hereditaments and Premises expressed and
intended to be hereby granted released and confirmed
with their Appurtenances unto the said Charles Oliver
his heirs and assigns To the only proper use of
the said Charles Oliver his heirs and assigns forever
And the said William Fookes doth hereby for himself
his heirs executors and administrators covenant declare
and agree with and to the said Charles Oliver his heirs
and assigns That he the said William Fookes hath not nor
hath the said William Fookes his late father deceased
made done or Committed any Deed Matter or Thing
whatsoever whereby or by means whereof the Hereditament
and Premises expressed and intended to be hereby
executed released and confirmed or any of them or any
part thereof are is can shall or may be impeached
charged or incumbered in title charge estate or
otherwise howsoever And the said Mary Fookes for
herself her heirs assigns administrators doth covenant
promise and agree with and to the said Charles Oliver
his heirs and assigns these Presents in manner following
that is to say that for and notwithstanding any Act
Matter or Thing whatsoever by her the said Mary Fookes
done to the contrary She the said Mary Fookes and
William Fookes at the time of the sealing and delivery
of these Presents are and stand one of them is and
standeth lawfully and rightfully seized of a good sure
absolute and indefeasible Estate of Inheritance in the
fee simple of and in the said Dwelling Houses
Hereditaments and premises expressed and intended to be
hereby granted released and confirmed without any
Condition use trust Power of Revocation Limitation or
any other Matter Restraint or Thing whatsoever which may
alter change Charge revoke make void lessen incumber or
determine the same And also That for and
notwithstanding any such Act Matter or Thing as
aforesaid. They the said William Fookes and Mary Fookes
now have in themselves or one of them both in himself or
herself full Power and lawful and absolute Authority to
grant bargain sell release and confirm All and singular
the said Dwelling houses Hereditaments and Premises with
the Appurtenances unto and to the use of the said
Charles Oliver his heirs and assigns in the manner
aforesaid and according to the true intent and meaning
of these Presents And further That it shall and
may be lawful for the said Charles Oliver his heirs and
assigns from time to time and at al times hereafter to
ends into have hold use occupy possess and enjoy the
said dwelling houses Hereditaments and premise expressed
and intended to be hereby granted released and confirmed
and to receive and take the rents issues and Profits
thereof and for his and their own use and Benefit
without any manner of hinderance disturbance Claim or
demand whatsoever of the said William Fookes and
MaryFookes and either of them their heirs or any person
or persons lawfully claiming by from or under or in
trust for them or either of them or any other Person or
persons whomsoever AND THAT free and clear and
freely and clearly acquitted exonerated and discharged
or ? by the said Mary Fookes her heirs executors or
administrators well and sufficiently saved defended kept
harmless and indemnified of pain against all and all
manner of former and other gifts grants bargains sales
Mortgages estates jointures dowers uses trusts wills
intails statutes recogizances Judgements extents
executions titles charges and incumbrances whatsoever
had made done committed or suffered by the said Mary
Fookes or any other person or persons whomsoever {the
high and chief Rents Suits and Services due and payable
to the High and Chief Lord of the Premises aforesaid if
any such there be) only excepted And moreover
that the said Mary Fookes and her heirs and all other
Persons claiming or having and Estate Right Title Charge
or Interest into or upon the said hereditaments and
Premises in under or in trust for her them or any of
them shall and will at all times hereafter when every
reasonable request and at the expense of the said
Charles Oliver his heirs assigns make do execute and
perfect all such further and other lawful and reasonable
Acts Deeds and Conveyances and assurances whatsoever for
the better and more satisfactory assuring and confirming
the same hereditaments and premises unto and to the Use
of the said Charles Oliver his heirs or assigns shall be
reasonably advised or required And lastly She the
said Mary Fookes doth hereby for herself and hr heirs
executors and administrators covenant promise and agree
with and to the said Charles Oliver his heirs and
assigns that she the said Mary Fookes and her heirs
(unless prevented by fire or some other inevitable
accident) shall and will from time to time and at all
times hereafter upon every reasonable request in writing
and at the expense of the said Charles Oliver his heirs
and assigns cause to be produced unto the said Charles
Oliver his heirs and assigns or his or their Counsel
Solicitor or Attorney in any court of Law or Equity or
elsewhere as occasion shall require the deed and
writings mentioned in the Schedule herewith written for
the support or manifestation of the title or possession
of the said Charles Oliver his heirs or assigns of or to
the same hereditaments and premises or any of them
In witness whereof the said portion to these
Presents their hands and seals have set this day and
year first above written
The Schedule the which the above
written Indenture refers
Indenture of Lease bearing date this twenty third and
twenty fourth days of August in the year One thousand
and seven hundred and seventy one and made between John
Bennett Gentleman of the One part and Matthew Johns
Maltster of the other Part ___________ Indenture of
Lease and Release bearing date respectively the twenty
first and twenty second day of October One thousand
seven hundred and eighty two made between Matthew Johns
of the One Part and William Fookes Gentleman of the
other Part __________ copy of the last and Testament of
Richard Bennett Esquire _________
Indentures of Lease and Release bearing date the
eleventh and twelfth days of August in the Year One
thousand seven hundred and ninety made between Digory
Essery Grocer of the One Part and Mary Fookes Widow of
the other Part __________
(Signed and Sealed) Mary Fookes
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(Signed
and Sealed) William Fookes |
Signed sealed and delivered (being first duly stamped) in
the Presence of
Chris Blake George Dorront
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| Chris
Blake |
G Dorront |
The day and year first within written Received of me the
within named Charles Oliver the sum of Forty Pounds of
lawful money of Great Britain being the consideration
Money within mentioned to be by him unto me paid I say
Received the same by me Mary Fookes
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