|
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
Return to
St Neot
Parish Page
|