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Surnames contained herein: ALLEN, BOOKER, CAWSE, COCK, COLCHESTER, COUCH, DAVIES, GLANVILLE, GREGOR, GRYLLS, DARE, LOBB, POLE-CAREW, RODD, NEMYSS, TREMAYNE, WILLIAMS, WILLYAMS
 
This Indenture made the twenty ninth day of September One thousand eight hundred and sixty six Between Francis Rodd of Treburtha Hall in the County of Cornwall Esquire and The Reverend Edward Fanshawe Glanville of Clevedon House in the City of Oxford Clerk of the first part Francis Glanville Gregor of Trewarthenick in the said County of Cornwall Esquire of the second part and Shadwell Morley Grylls of Helston in the same County Esquire a Major in the Royal Artillery of the third part Whereas Francis Gregor Esquire by his Will dated the Twenty fifth day of January One thousand eight hundred and fifteen duly executed and attested as by Law was then required for passing real Estates by devise gave devised and bequeathed all his freehold Estates and Tithes and all Lands tenements or tithes which he held for any term of years determinable on the death of any life or lives unto John Harte Tremayne The Reverend Edward Rodd and Jeffery Allen and to the survivors or survivor of them Upon trust that they should yearly and every year but by half yearly payments and at the time and in manner and under the conditions thereinafter expressed pay unto his Wife Jane Gregor during her natural life such a Sum as together with her dividends due on certain Bank Stock therein mentioned would amount to the full Sum of Two thousand pounds by the year free and clear from all deductions and as to the residue of the Income of his said real and personal Estate he declared it to be his Will that his said Trustees should pay over the whole thereof after satisfying the claim of the said Jane Gregor to his brother the Reverand William Gregor during his life and after his death to his niece Charlotte Ann Gregor And that after the decease of either of them the said William Gregor or Jane Gregor his said trustees should cause out of ? portions of his said real Estate thereby devised in manner therein mentioned sum of ten thousand Pounds for the benefit of Loveday Sarah the Wife of Gordon William Francis Booker And further that after the decease of the survivor of the said William Gregor and Jane Gregor the said Trustee sraise out of the said hereditaments in manner as aforesaid a Sum of Fifteen thousand Pounds for the benefit of the said Loveday Sarah Booker and Mrs Colchester the Widow of John Colchester in equal shares And he hereby further declares that subject as aforesaid the said Trustees should on the decease both of the Reverend William Gregor and his(the said testators) Wife Jane Gregor convey pay over and assign the whole of his real and personal property unto his niece the said Charlotte Ann Gregor in full and absolute property And whereas the said Francis Gregor died on the Twelfth day of July One thousand eight hundred and fifteen leaving his brother the said William Gregor his heir at Law and without having reached or altered his said Will which was duly proved by the Executor herein named in the Prerogative Court of Canterbury And whereas the said William Gregor died on the Eleventh day of June One thousand eight hundred and seventeen leaving the said Jane Gregor the Widow of the said Francis Gregor And the said Charlotte Ann Gregor his only child and heiress at Law him surviving and on his decease the said Charlotte Ann Gregor entered into the receipt of the rent and profits of all the real Estate of the said Francis Gregor the Testator and continued seized thereof up to the time of her death And whereas the said Charlotte Ann Gregor by her Will dated the Twelfth day of March One thousand eight hundred and twenty two and duly executed and attested for the devise of real Estates after various bequests and devises not affecting the hereditaments hereinafter mentioned gave and devised unto the said Loveday Sarah Booker the wife of the said Gordon William Francis Booker her heirs and assigns for ever All the rest residue and remainder of her real Estate of what nature or kind soever and wheresoever and whether in possession remainder or expectancy not thereinbefore disposed of And whereas the said Charlotte Ann Gregor died on the Fifteenth day of February One thousand eight hundred and twenty five without having altered or revoked her said Will which was afterwards duly proved in the Prerogative Court of Canterbury And whereas the said Gordon William Francis Booker afterwards obtained the Royal License to use the Surname and arms of “Gregor” instead of the Surname and arms of “Booker” And whereas by an Indenture dated the Fourteenth day of February One thousand eight hundred and twenty six and made between the said Gordon William Francis Gregor and Loveday Sarah his wife of the one part and Francis Glanville Robert Westley Hall Dare and Jeffery Thomas Allen of the other part and by a fine pur sur conuzance de droit come cie and so forth duly levied by the said Gordon William Francis Gregor and Loveday Sarah his Wife in His Majesty’s Court of Common Pleas at Westminster in or as if the then present Hilary Term in pursuance of a covenant for that purpose contained in the same Indenture For the Consideration therein mentioned amongst other hereditaments the hereditaments hereinafter described will with their appurtenances limited and assured To such uses upon and for such trust intents and purposes and with under and subject to such power previsoes agreements and declarations as the said Gordon William Francis Gregor and Loveday Sarah his wife should from time to time during their joint lives by any deed or deeds Instrument or Instruments in Writing with or without power of revocation and new appointment to be by them sealed and delivered in the presence of and attested by two or more Credible Witnesses direct limit and appoint and default of and until such joint appointment and subject thereto To the uses thereinafter declared concerning the same And whereas the said Edward Rodd and Jeffery’s Allen the Trustees of the will of the said Francis Gregor deceased and long since leaving the said John Hearte Tremayne their co trustees them surviving And whereas The said John Hearte Tremayne duly made and published his last Will and Testament in Writing dated on or about the Thirteenth day of February One thousand and eight hundred and fifty one and thereby divised all the real Estate vested on him as Trustee to his son John Tremayne and the said John Hearte Tremayne appointed his Wife Caroline Matilda Tremayne and John Tremayne Executrix and Executor of his said Will And whereas the said John Hearte Tremayne died on or about the Twenty seventh day of August One thousand eight hundred and fifty one leaving the said John Tremayne his Eldest son and heir at Law him surviving and without having altered or revoked his said Will and the same was on or about the Tenth day of January One thousand eight hundred and fifty two duly proved in the Prerogative Court of Canterbury And whereas the said Jane Gregor the Widow of the said Francis Gregor deceased died on or about the Sixth day of May One thousand and eight hundred and fifty four and all arrears of her said annuity have been long since paid and satisfied And whereas by reason of the circumstances hereinbefore appearing neither the said Sum of Ten thousand pounds so charged on the Estates of the said Francis Gregor in favor of the said Loveday Sarah Gregor as hereinbefore appears nor the share of the said Loveday Sarah Gregor in the said Sum of Fifteen thousand Pounds also charged as hereinafter appears have been raised and it is considered that the same are by the operation of Law merged in the said Estates and hereditaments or otherwise by reason of the acts and matters aforesaid effectually released and relinquished And whereas the said Elizabeth Colchester died in the Year One thousand eight hundred and Twenty seven in the lifetime of the said Jane Gregor and the monies so charged on the said Estates of the said Francis Gregor in favor of the Children of the said Elizabeth Colchester or their Representatives have been duly devised and properly applied and by Indenture dated the Eighteenth day of August One thousand eight hundred and fifty five and made between the said Gordon William Francis Gregor and Loveday Sarah his Wife of the first part Maynard Colchester of the second part Helena Colchester of the third part Henrietta Davies of the fourth part Dorothea Maria Colchester of the fifth part Clarabella Colchester of the sixth part Eliza Nemyss of the seventh part James Robert Nemyss of the Eighth part and John Maurice Nemyss of the ninth part Charles Barton and Dorothea Maria his Wife of the tenth part Mary Elizabeth Nenyss of the Eleventh part and the said Caroline Matilda Tremayne and John Tremayne of the Twelfth part After recitals showing that the said Maynard Colchester Helena Colchester Henrietta Davies Dorothea Maria Colchester Clarabelle Colchester Eliza Nemyss James Robert Nemyss John Maurice Nemyss Charles Barton and Dorothea Maria his Wife and Mary Elizabeth Nemyss were together the only parties interested in the moiety of the said Sum of Fifteen thousand Pounds so charged in favor of the Children of the said Elizabeth Colchester or their Representatives as aforesaid It was witnessed that the said parties thereto of the first eleven parts did and each and every of them did respectively {release?} the said Caroline Matilda Tremayne and John Tremayne and their respective heirs executors and administrators of and from all actions suits debts sums of money claims and demands whatsoever at Law or in Equity which they or either of them or the heirs executors or administrators of them or any or either of them should or might have claims or demand upon or against the said Caroline Matilda Tremayne and John Tremayne or either of them or their or either of their heirs executors or administrators by reason or on account of the said Sum of Fifteen thousand pounds directed to be raised and paid as aforesaid or any moiety or moieties or either part or parts thereof or by reason or on account of any of the declarations of trust contained in the said in part recited Will of the said Francis Gregor deceased And whereas by an Indenture dated the twenty fifth day of September One thousand eight hundred and fifty six and made between the said John Tremayne of the first part the said Gordon William Francis Gregor and Loveday Sarah his Wife of the second part and Francis Glanville therein described of the third part After reciting therein as or to the effect hereinafter recited And reciting that the said Robert Westley Hall Dare and Jeffery Thomas Allen both respectively departed this life many years since leaving the said Francis Glanville their co trustee then surviving And reciting that the said Francis Glanville the Trustee departed this life on the third day of June One thousand eight hundred and fifty six intestate as to all Estates vested in them by way of Trust and leaving the said Francis Glanville party to the now reciting Indenture his Eldest Son and Heir at Law him surviving And reciting that the hereditaments and premises thereinafter described and conveyed or expressed and intended so to be their comprised the only remaining real Estate of the said Testator Francis Gregor devised by his said Will And reciting that the said Gordon William Francis Gregor and Loveday Sarah his Wife had applied to and requested the said John Tremayne to convey the remaining hereditaments and premises to the uses and names thereinafter expressed and contained which the said John Tremayne had consented and agreed to do It was witnesses that in pursuance of the said Agreement and for the consideration therein mentioned The said John Tremayne Did thereby at the request and by the direction of the said Gordon William Francis Gregor and Loveday Sarah his Wife testified as therein mentioned grant bargain sell and convey unto the said Francis Glanville party to the now reciting Indenture and his Heirs and assigns all and singular the hereditaments and premises mentioned and described in the schedule there under written or thereunto annexed including therein the hereditaments and premises hereinafter more particularly described and intended to be hereby assured Together with the appurtenances to the same hereditaments and premises belonging or appertaining To hold the same with their and every of their appurtenances unto the said Francis Glanville and his heirs and assigns To the several uses upon the Trusts and for the intents and purposes thereinafter limited expressed and declared of and concerning the same that was to say To the uses upon and for the trusts intents and purposes and with under and subject to the powers provisos agreements and declarations to for upon with under and subject to which the same hereditaments and premises under or by virtue of the said Indenture of the Fifteenth day of February One thousand eight hundred and twenty six and fine levied on pursuance thereof as aforesaid And a certain Deed Poll of the second day of April One thousand eight hundred and twenty eight and which Deed Poll did not affect the power of Appointment contained in the Indenture of One thousand eight hundred and twenty six stood limited and settled or such of the same uses trusts intents and purposes powers provisos agreements and declarations as were subsisting undermined or capable of taking effect And whereas by an Indenture dated the second day of June One thousand eight hundred and sixty and made or expressed to be made between the said Gordon William Francis Gregor and Loveday Sarah his Wife of the one part and the said Francis Rodd and Edward Fanshawe Glanville of the other part After reciting the said Indenture of the fourteenth day of February One thousand and eight hundred and twenty six and the twenty fifth day of September One thousand eight hundred and fifty one And reciting that the said Gordon William Francis Gregor and Loveday Sarah his Wife were indebted to the said Francis Rodd and Edward Fanshawe Glanville in the Sum of Twelve thousand pounds for monies advanced and that in order to secure the repayment thereof the said Gordon William Francis Gregor and Loveday Sarah his Wife had agreed to appoint and convey the Manor Messuages lands tithes hereditaments and premises thereinafter particularly described with the appurtenances by way of Mortgage It was witnessed that in consideration of the said Sum of Twelve thousand pounds now due and owing to the said Francis Rodd and Edward Fanshawe Glanville and for other the considerations therein mentioned The said Gordon William Francis Gregor and Loveday Sarah his Wife did thereby direct limit and appoint and also grant release and convey unto the said Francis Rodd and Edward Fanshawe Glanville and their heirs (among other heireditaments) The Barton Messuage Lands hereditaments and premises hereinafter more particularly described and intended to be hereby assured To hold the same with the appurtenances unto and to the use of the said Francis Rodd and Edward Fanshawe Glanville their heirs and assigns for ever Subject nevertheless to the provise for redemption and other the powers provisos covenants declarations and agreements therein reserved and contained And whereas by an Indenture bearing date the twenty ninth day of August One thousand and eight hundred and sixty and made or expressed to be made between the said Gordon William Francis Gregor and Loveday Sarah his Wife of the first part the said Gordon William Francis Gregor of the second part and the said Francis Rodd and Edward Fanshawe Glanville of the third part After reciting (inter alia) the said Indenture of the fourteenth day of February One thousand weight hundred and twenty six the fine levied in pursuance thereof and the said Deed Poll of the second day of April One thousand and eight hundred and twenty eight and a certain Indenture dated the third day of April One thousand eight hundred and fifty one and which did not in any way Affect the hereditaments and premises intended to be hereby appointed And reciting that since the date and execution of the said Deed Poll the said Gordon William Francis Gregor and Loveday Sarah his Wife had made and executed a Mortgage which was then still subsisting (meaning thereby the last recited Indenture) of part of the hereditaments comprised in the said recited Indenture of the Fourteenth day of February One thousand eight hundred and twenty six and for the purpose of effecting such Mortgage but for the purpose only had (as expected such hereditaments) exercised in joint power of appointments reserved to them by the same Indenture And reciting that the particulars of all such parts of the said hereditaments as were comprised in such Mortgage together with the date of and the parties to such Mortgage and the amount of the Mortgage money secured thereby and due thereon were set forth and specified in the Schedule there under written And reciting that both before and since the date and execution of the said Deed Poll the said Gordon William Francis Gregor and Loveday Sarah his Wife had sold and assured to several purchasers parts of the hereditaments comprised in the said recited Indenture of the Fourteenth day of February One thousand eight hundred and twenty six and for that purpose had (as respects the hereditaments so sold) exercised the joint power of appointment limited or reserved to them by the same Indenture And reciting that except as to such of the hereditaments comprised in the said recited Indenture of the Fourteenth day of February One thousand eight hundred and twenty six as had been mortgaged as therein mentioned and sold as aforesaid And as to such mortgaged parts subject to said Mortgage therein as aforesaid all the hereditaments comprised in the said last mentioned Indenture then remained and still were subject to the uses powers and limitations of the same Indenture taken in conjunction with the said therein recited Deed Poll and with the said Indenture of the third day of April One thousand eight hundred and fifty one and reciting that in order to effect the several objects and purposes thereinafter expressed or appearing it had been mutually agreed between and by the said Gordon William Francis Gregor and Loveday Sarah his Wife that they should join and concur in executing the now reciting Indenture And in making such appointment limitation and assurance as was thereinafter contained It was witnessed that in order to convey into effect the objects and purposes aforesaid and for divers good and valuable considerations They, the said Gordon William Francis Gregor and Loveday Sarah his Wife under or by virtue and in exercise and execution of the power or authority to them given or limited in and by or in them therein vested by virtue or means of the said recited Indenture of the Fourteenth day of February One thousand eight hundred and twenty six and fine levied in pursuance thereof taken either alone or in conjunction with the said therein recited Deed Poll and of every or any power or authority whatsoever in comprise enabling them in that behalf Did by the now reciting Indenture by them sealed and delivered as therein mentioned direct limit and appoint That the several Manors or Lordships or parts of Manors or Lordships Messuages or tenements farms lands and other hereditaments comprised in the said recited Indenture of the Fourteenth day of February One thousand eight hundred and twenty six and the fine levied in pursuance thereof as aforesaid howsoever the same respectively or any of them might then be called known or denominated occupied distinguished or described and were then subject to the then subsisting uses powers and limitations of the said Indenture of the Fourteenth day of February One thousand eight hundred and twenty six Except such parts of the said respective hereditaments as had been so sold as aforesaid And subject to such of the said hereditaments as were comprised in such Mortgage as aforesaid (including the hereditaments and premised intended to be hereby assured) to the Mortgage thereon as aforesaid should thenceforth go remain and be To such uses for such Estate or Estates upon and for such trusts intents and purposes and with under and subject to such powers limitations declarations and provisions and generally in such manner as the said Gordon William Francis Gregor and Loveday Sarah his Wife should in manner therein mentioned jointly direct limit or appoint And in default of and until such joint direction limitation or appointment and so far as any such if partial or incomplete should not extend and subject thereto To the use of the said Gordon William Francis Gregor and his assigns during his life without impeachment of waste And from and after the decease of the said Gordon William Francis Gregor To such uses as the said Loveday Sarah Gregor in case she should survive the said Gordon William Francis Gregor should from time to time by Deed or Will appoint and in default of such last mentioned appointment to the use of the said Loveday Sarah Gregor and her assigns during her life without impeachment of waste And after the decease of the said Loveday Sarah Gregor To the use of all and every or such one or more exclusively of the other or others of the children or the issue of any child or children for the time being deceased of the said Gordon William Francis Gregor by the said Loveday Sarah his Wife as the said Gordon William Francis Gregor in case he should survive the said Loveday Sarah his Wife should from time to time after her decease by Deed or Will appoint And in default of such last mentioned appointment To the use of the said Francis Glanville Gregor party hereto the only son of the said Gordon William Francis Gregor and Loveday Sarah his Wife and his assigns for his life without impeachment of waste And after the decease of the said Francis Glanville Gregor To certain other uses thereinafter declared concerning the same And the said Indenture now in recital is contained a provise that it shall be lawful for the said Francis Rodd and Edward Fanshawe Glanville or the survivor of them or the executors or administrators of such survivor from time to time at the request and by the direction in writing of the said Gordon William Francis Gregor and Loveday Sarah his Wife during their joint lives and after the decease of one of them Then at the request and by the direction in Writing of the survivor of them thenceforth during his or her life And after the decease of the survivor of the said Gordon William Francis Gregor and Loveday Sarah his Wife then at the request and by the direction in Writing of the person who by virtue of the uses and limitations thereinbefore contained should for the time being be entitled to the possession or to the receipt of the rents and profits of the Manor and other hereditaments thereinafter appointed or intended to be or such of them as should be proposed to be dealt with under the authority of this present power as Tenant for life thereof during the life of such Tenant for life to dispose of and convey either by absolute sale or in exchange all or any part of the Manors or Lordships Messuages or tenements lands and hereditaments thereinbefore appointed or intended so to be and the inheritance thereof in fee simple to and person or persons Whomsoever for such piece or pieces or for such equivalent as to them him or her should seem reasonable and that for this purpose of effecting such sales it should be lawful for the said Francis Rodd and Edward Fanshawe Glanville and the survivor of them and the executors and administrators of such survivor by any Deed or Deeds Instrument or Instruments in Writing sealed and delivered by them him or her in the presence of and to be attested by two or more credible Witnesses at such request and by such direction as aforesaid absolutely to revoke determine and make void all or any of the uses trusts intents purposes powers provisos agreements and declarations thereinbefore declared and contained of and concerning the hereditaments as proposed to be sold and by the same or any other Deed or Deeds Instrument or Instruments in Writing sealed delivered and attested in like manner to limit declare or appoint any use or uses trust or trusts Estate or Estates of the said hereditamennts and promises or any part or parts thereof the uses of which should be revoked which it should be thought necessary or expedient to limit declare or appoint in order to effectuate such sales and to pay and apply the money to cause by such Sale or Sales in or towards satisfaction or discharge of the principal Sums of money(if any) which shall then for the time being be a charge upon or affect the said Manors or Lordships and parts of Manors or Lordships Messuages tenements lands and hereditaments hereinbefore appointed or intended so to be or such of the same principal monies as it should for the time being be deemed desirable to discharge and subject as aforesaid to lay out and invest such monies in manner therein mentioned And it is thereby declared that every receipt in Writing which should be given by the Trustees thereby appointed or by the survivor of them or their executors or administrators of such survivor their or his assigns or by either the Trustee or trustees for the time being of or under the Indenture now in recital or any of the trusts or powers thereof for all or any monies to become payable to them under or by virtue of the trusts powers and provisions in the Indenture now in recital contained should be an effectual and conclusive discharge for the same and should absolutely exonerate all and every person or persons paying the same from all obligations of seeing to the application of such monies and from all liability by reason of any misapplication or non application thereof or of any part thereof And whereas the said Loveday Sarah Gregor died on the fourth day of September One thousand eight hundred and sixty five and was buried at Cornelly in the said County of Cornwall And whereas by a Contract and agreement in Writing dated the Fifteenth September last the said Francis Rodd and Edward Fanshawe Glanville at the request and by the direction of the said Gordon William Francis Gregor contracted and agreed with the said Shadwell Morley Grylls for the absolute sale to him of the hereditaments and premises thereinafter described and intended to be hereby assured and the inheritance thereof in fee simple in possession free from incumbrances (except the Lease hereinafter mentioned) at or for the price or sum of Four thousand two hundred pounds but no conveyance of the same premises has yet been executed And whereas whereas the said Gordon William Francis Gregor died on the fifth day of December last and was buried at Cornelly aforesaid And whereas since the death of the said Gordon William Francis Gregor the said Francis Glanville Gregor as the present tenant for life under the uses and limitations of the said recited Indenture of the Twenty ninth day of August One thousand eight hundred and sixty has requested and directed the said Francis Rodd and Edward Fanshawe Glanville to carry out and complete the said Contract and Agreement with the said Shadwell Morley Grylls Now this Indenture Witnesseth that in pursuance of the said recited Contract and for the consideration hereinafter expressed the said Francis Rodd and Edward Fanshawe Glanville at the request and by the direction of the said Francis Glanville Gregor (testified by his being a party to and executing these presents) pursuant to and by virtue of the power or authority in the said Francis Rodd and Edward Fanshawe Glanville for this purpose vested by the hereinafter recited Indenture of the Twenty ninth day of August One thousand eight hundred and sixty and of every power or authority in anywise enabling them in this behalf Do by this present Deed in Writing by them sealed and delivered in the presence of and attested by the two credible persons whose names are intended to be hereupon indorsed as Witnesses to the sealing and delivery hereof by the said Francis Rodd and Edward Fanshawe Glanville revoke determine and make void all and every the uses powers and premises in and by the hereinbefore recited Indentures of the Twenty ninth day of August One thousand eight hundred and sixty limited concerning the said hereditaments and premises hereinafter described and intended to be hereby assured so far as the same uses trusts powers and provisos or any of them relate to or affect the same herediataments and premises or any part thereof And His Indenture also Witnesseth that in further pursuance of the said recited Contract and in consideration of the said Sum of Four Thousand and two hundred Pounds sterling paid by the said Shadwell Morley Grylls to the said Francis Rodd and Edward Fanshawe Glanville at or immediately before the execution of these presents at the request and by the direction of the said Francis Glanville Gregor (testified as aforesaid) to be disposed of by them the said Francis Rodd and Edward Fanshawe Glanville according to the trusts of the hereinbefore recited Indenture of the Twenty ninth day of August One thousand eight hundred and sixty the receipt and payment of which said Sum the said Francis Rodd and Edward Fanshawe Glanville do hereby and acknowledge and from the same do and the said Francis Glanville Gregor also doth absolutely release and discharge the said Shadwell Morley Grylls his heirs executors administrators and assigns They the said Francis Rodd and Edward Fanshawe Glanville pursuant to or by virtue of the power or authority in them for this purpose vested by the said hereinbefore recited Indenture of the Twenty ninth day of August One thousand eight hundred and sixty and of every other power or authority in anywise enabling them in this behalf at the Request and by the direction of the said Francis Glanville Gregor (testified as aforesaid) Do by this present Deed or Writing so by them sealed and delivered and intended to be attested as hereinbefore is mentioned direct limit and appoint That the Messuage hereditaments and premises hereinafter described and intended to be hereby assured with the appurtenances shall from henceforth go and remain and be unto and to the use of the said Shadwell Morley Grylls his heirs and assigns for ever And this Indenture also Witnesseth that in further pursuance of the said recited Contract and for the considerations aforesaid and also in consideration of the Sum of Ten Shillings of lawful money as aforesaid paid by the said Shadwell Morley Grylls to the said Francis Rodd and Edward Fanshawe Glanville and Francis Glanville Gregor the receipt whereof is hereby acknowledged They the said Francis Rodd and Edward Fanshawe Glanville at the request and by the direction of the said Francis Glanville Gregor (testified as aforesaid) and according to their Estate right and interest Do by these presents release and convey And the said Francis Glanville Gregor Doth by these presents release and confirm unto the said Shadwell Morley Grylls and his heirs All that and these the Barton Messuage lands and tenements in or commonly called or known by the name of Trenay situate lying and being in the parish of Saint Neot in the said County of Cornwall formerly in the occupation of John Cawse afterwards by John Lobb and now of John Willyams and containing by estimation One hundred and fifty five acres two roods and thirty eight perches and which said Barton Messuage lands and tenement are more particularly set out and described in the Schedule hereinunder written but which particulars are added only as a further description of the premises and are not intended to abridge or restrict the operation of the more general description of the premises hereinbefore contained Together with all the houses outhouses buildings yards gardens rights ways paths passages waters watercourses timber and other trees hedges ditches mounds fences commons and commonable rights mines minerals metals liberties privileges profits commodities advantages members easements and appurtenances whatsoever to the said Messuage hereditaments and premises belonging or appertaining And all the Estate right title interest property claim and demand whatsoever both at Law and in Equity of them the said Francis Rodd and Edward Fanshawe Glanville and Francis Glanville Gregor respectively in and to the said Messuage hereditaments and premises and every part thereof To have and to hold the said Messuage and hereditaments and all and singular other the premises hereinbefore described and expressed and intended to be hereby assured (Subject nevertheless to an Indenture of Lease thereof dated the second day of December One thousand eight hundred and sixty two made and granted by the said Gordon William Francis Gregor and Loveday Sarah his Wife to John Williams and Edward Williams for a term of Fourteen and a half years commencing on the Twenty fifth day of March then last past freed and absolutely discharged from the said Mortgage debt a Sum of Twelve thousand pounds and all interest for the same And all Equity and right of redemption And all claims and demands whatsoever under of by virtue of the said hereinbefore recited Indenture of the second day of June One thousand eight hundred and sixty unto and to the use of the said Shadwell Morley Grylls and his heirs and assigns for ever And the said Shadwell Morley Grylls hereby declares that no woman who may become his Widow shall be entitled to dower out of the said Messuage hereditaments and premises or any part thereof And the said Francis Rodd and Edward Fanshawe Glanville do hereby for themselves severally and respectively and for their several and respective heirs executors and administrators covenant with the said Shadwell Morley Grylls his heirs and assigns That they the said Francis Rodd and Edward Fanshawe Glanville have not at any time heretofore made done committed or executed or knowingly or willingly permitted or been party or party to any act deed matter or thing whatsoever whereby or by reason or means whereof the said Messuage hereditaments and premises hereinbefore described and expressed and intended to be hereby assured are is can shall or may be impeached charged or prejudicially affected in Title Equity or otherwise howsoever And the said Francis Glanville Gregor for himself his heirs executors and administrators doth hereby covenant and agree with the said Shadwell Morley Grylls his heirs and assigns in manner following that is to say That notwithstanding and act deed matter or thing done or permitted by the said Francis Glanville Gregor or any of his ancestors t the contrary They the said Francis Rodd Edward Fanshawe Glanville and Francis Glanville Gregor or some or one of them now have or hath good right and full power to limit and appoint convey and assure the said hereditaments and premises hereinbefore described and expressed to be hereby assured with the appurtenances unto and to the use of the said Shadwell Morley Grylls his heirs and assigns in manner aforesaid And also that the said Shadwell Morley Grylls his heirs and assigns shall and may peaceably and quietly hold and enjoy the said hereditaments and premises and receive and take rents and profits thereof accordingly without any interruption or denial whatsoever by the said Francis Glanville Gregor or any person or persons lawfully claiming or to claim under or in trust for him or any of his ancestors And that free and clear and freely and clearly exonerated and discharged or otherwise by the said Francis Glanville Gregor his heirs executors or administrators well and effectually saved harmless and kept indemnified of from and against all former and other Estates rights titles charges and incumbrances whatsoever had made done occasioned suffered by the said Francis Glanville Gregor or any of his ancestors (except such lease as aforesaid) And moreover that he the said Francis Glanville Gregor and his heirs and any other person whomsoever lawfully or equitably claiming any Estate right title or interest in to or out of the said hereditaments and premises hereinbefore described and expressed and intended to be hereby assured by from through under or in trust for him or any of his ancestors shall and will from time to time and at all times hereafter upon the request and at the costs of the said Shadwell Morley Grylls his heirs or assigns make do acknowledge or execute or cause to [?ide] done acknowledged or executed every such further act deed conveyance and assurance in the Law whatsoever for the further or more perfectly assuring the said hereditaments and premises hereinbefore described and expresses and intended to be hereby assured and every part thereof with their appurtenances unto and to the use of the said Shadwell Morley Grylls his heirs and assigns in manner aforesaid in according to the true intent and meaning of these presents as by the said Shadwell Morley Grylls his heirs and assigns or his or their Counsel in the Law shall be reasonably advised and required And lastly that the said Francis Glanville Gregor his heirs executors administrators or assigns shall and will at all times hereafter and whenever and so often as occasion shall require(unless prevented by inevitable accident) at the request and costs of the said Shadwell Morley Grylls his heirs and assigns produce to him or them or to his or their Attorney Solicitor or other nominee or to any Court of Justice or before arbitrators or otherwise at any judicial or quasijudicial proceeding at any place or places in England or Wales or for any other purpose in any manner connected with the manifestation or defence of the title to the said hereditaments and premises hereinbefore described and expressed and intended to be hereby assured or any part thereof the said recited Indenture of the Fourteenth day of February One thousand eight hundred and twenty six and the fine levied in pursuance thereof the said Deed Poll of the second day of April One thousand eight hundred and twenty eight the said in part Indenture of reconveyance of the twenty fifth day of September One thousand eight hundred and fifty six the said recited Indenture of Mortgage of the second day of June One thousand eight hundred and sixty and also the said recited Indenture of settlement of the twenty ninth day of August One thousand eight hundred and sixty or any or other of them underdefaced or uncancelled And will likewise at the like request and costs(and unless prevented as aforesaid) furnish to the said Shadwell Morley Grylls his heirs and assigns attested official or other copies abstracts or Extracts of or from the said several Indentures or Deed Poll or any or other of them And will further at the like request and costs permit the same copies abstracts or Extracts of or from the said several Indentures or any or either of them to be compared with the original or originals by the said Shadwell Morley Grylls his heirs or assigns Attorney Solicitor or other nomine or nominees In witness whereof the parties aforesaid to these presents their hands and seals have set the day and year first written#
 
The Schedule above being referred to being a copy from the Tithe Apportionment relating to the said Tenement of Trenay

Number Description Acreage Number Description Acreage
    a r p     a r p
1789 Buildings yard & c.   2 3 1807 Coom Orchard     14
1791 Orchard   2 0 1809 Coom Meadow 3 0 10
1792 Mowhay Orchard     25 1810 Fells 1 0 23
1793 Mowhay and Orchard   1 15 1811 Fells Orchard   2 5
1794 Mowhay Meadow 2 2 35 1812 Main House Meadow 4 2 5
1795 Bove Town 5 0 2 1813 Culver house Meadow 3 3 16
1796 seven Acres 9 0 21 1814 Lower Crease 5 3 6
1797 Four Acres 5 2 ? 1815 Middle Crease 4 ? ?
1798 Five Acres 5 3 1 1816 East Higher Crease 3 3 30
1799 Jewel 9 2 35 1817 West Higher Crease 3 3 5
1800 Cliffs 5 3 36 1818 Lion's Park 9 2 33
1801 Great Quarry Park 5 2 24 1819 Three Cornered field 2 0 13
1802 Middle Quarry Park 5 0 20 1820 Old Walls field 2 2 0
1803 Inner Quarry Park 7 3 20 1821 Lower Long feild 3 1 6
1804 Higher Hill 1 3 17 1822 Higher Long field 3 1 2
1805 Lower Hill 4 0 15 1823 Hill 1 2 7
1806 West Meadow 2 1 27 1824 Trenay Wood 9 1 13
              142 2 38

(Signed and Sealed) Fracis Rodd
 
(Signed and Sealed) Francis Glanville Gregor
by
Edward Fanshawe Glanville, his Attorney
(Signed and Sealed) Edward Fanshawe Glanville
 
 

Signed Sealed and Delivered by the within named Edward Fanshawe Glanville in the presence of

W. H. Pole-Carew of Antony, Cornwall, Eng                   F. Hearle Cock Solicitor Truro
 
Signed Sealed and delivered by the within named Edward Fanshawe Glanville as the Attorney and as the act and Deed of the within named Francis Glanville Gregor in the presence of
W. H. Pole-Carew of Antony, Cornwall, Eng
 
Received the day and year first within mentioned of and from the within named Shadwell Morley Grylls the Sum of Four thousand and two hundred Pounds being the full consideration |£4200
money within expressed to be paid to us   Edward F. Glanville   Francis Rodd
 
Witness to the Signature of the said Edward Fanshawe Glanville
W. H. Pole-Carew Antony
F. Hearle Cock
 
Witness to the signature of the said Francis Rodd
Henry Couch of Trebartha Hall
 
Signed sealed and delivered by the within named Francis Rodd in the presence of
Henry Couch of Trebartha Steward to Francis Rodd
F. Hearle Cock Solicitor Truro

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Transcribed by Larry Smith from a document in the Malcolm McCarthy Collection