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THIS INDENTURE made the eighteenth day of April in the year of our Lord one thousand eight hundred and eight Between WILLIAM KNIGHT of the parish of Roach in the County of Cornwall Tinner of the one part and RICHARD VARCOE, WILLIAM COWLIN and BENJAMIN DYER the younger all of the same place Yeomen Church wardens and Overseers of the Poor of the said parish of Roach of the other part WHEREAS James Knight late of the parish of Roach aforesaid Yeoman deceased duly made and published his last Will and Testament in writing bearing date the twenty fifth day of January in the year one thousand eight hundred and five and thereby gave to his Son the said William Knight four Guineas a year out of Wheal Virgin and Wheal Rose Tin Strea -? Works for ten years after his decease To be paid by his Sons Benjamin Knight James Knight John Knight and Anthony Knight equally share and share alike And made and ordained his two Sons James Knight and John Knight whole and sole Executors of his last Will and Testament AND WHEREAS the said James Knight the Testator departed this life on or about the eleventh day of February in the year one thousand eight hundred and five without altering or revoking his said Will which was soon after his death proved in common form by the Executors thereof in the ecclesiastical court of the Arch Deacon of Cornwall AND WHEREAS the said William Knight hath had and received of the said Benjamin Knight James Knight the son John Knight and Anthony Knight for and on account of the said annuity or yearly sum of four Guineas the several sums of money hereinafter mentioned (that is to say) of the said Benjamin Knight the sum of three pounds and three shillings of the said James Knight the Son the sum of five pounds of the said John Knight the sum of four pounds and four shillings and of the said Anthony Knight the sum of four pounds and four shillings AND WHEREAS Elizabeth Cock of the said parish of Roach Widow hath in and by her voluntary examination taken in writing and upon oath before Henry Hawkins Tremayne Clerk one of his Majesty’s Justices of the Peace in and for the said County of Cornwall declared that she is with Child and the said Child is likely to be born a bastard and to be chargeable to the said parish of Roach And that the said William Knight is the Father of the said Child AND WHEREAS the said William Knight in consideration of the premises and in order to indemnify the parishioners of the said parish of Roach as to the said Child in the manner hereinafter mentioned hath agreed to assign to the said Richard Varcoe William Cowlin and Benjamin Dyer their executors administrators and assigns the said annuity or yearly sum of four Guineas subject to the aforesaid payments toward the same in the manner hereinafter mentioned NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of five shillings of lawful money of Great Britain to the said William Knight in hand paid by the said Richard Varcoe William Cowlin and Benjamin Dyer at or before the sealing and delivery of these presents The receipt whereof is hereby acknowledged He the said William Knight HATH assigned transferred and set over And by these presents DOTH assign transfer and set over unto the said Richard Varcoe William Cowlin and Benjamin Dyer their executors administrators and assigns the said annuity or yearly sum of four guineas And all the estate right title interest benefit claim and demand of the said William Knight of in and to the same TO HAVE AND TO HOLD the same and every part thereof unto the said Richard Varcoe William Cowlin and Benjamin Dyer their executors administrators and assigns for and during the said term of ten years from the decease of the said James Knight the Testator (subject to the aforesaid payments made by the said Benjamin Knigth James Knight the Son John Knight and Anthony Knight to the said William Knight as aforesaid IN TRUST nevertheless and to and for the several uses trusts intents and purposes hereinafter mentioned of and concerning the same (that is to IN TRUST that they the said Richard Varcoe William Cowlin and Benjamin Dyer their executors administrators and assigns do and shall from time to time as and when the said annuity or yearly sum of four Guineas or any part or parts thereof shall become due and payable receive and take the same respectively and pay and apply so much thereof respectively as shall be necessary for that purpose in indemnifying and saving harmless as well the said Richard Varcoe William Cowlin and Benjamin Dyer Church wardens and Overseers of the Poor of the said parish of Roach and their successors for the time being as also all and singular the other parishioners and inhabitants of the said parish of Roach which now are or hereafter shall be for the time being of and from all manner of costs taxes notes assessments and charges whatsoever for or by reason of the birth education and maintenance of the said Child and of and from all actions suits troubles and other charges and demands whatsoever touching or concerning the same AND UPON this further TRUST and confidence that they the said Richard Varcoe William Cowlin and Benjamin Dyer their executors administrators and assigns do and shall pay so much of the said annuity or yearly sum of four Guineas (if any) as shall remain unapplied in manner aforesaid unto the said William Knight or his assigns to and for his or their own use and benefit AND the said William Knight HATH made and appointed And by these presents DOTH make and appoint the said Richard Varcoe William Cowlin and Benjamin Dyer their executors administrators and assigns jointly and severally his true and lawful Attorney and Attornies for him and in his name and in the name or names of his executors or administrators or otherwise but upon the trusts and to and for the uses hereinbefore mentioned to ask demand sue for recovery and receive of the said Benjam Knight James Knight the Son John Knight and Anthony Knight their executors administrators or assigns respectively the said annuity or yearly sum of four Guineas (subject to the aforesaid payments towards the same) and on payment thereof respectively to give a sufficient discharge or discharges for the same AND the said William Knight for himself his heirs executors and administrators doth covenant promise and agree to and with the said Richard Varcoe William Cowlin and Benjamin Dyer their executors administrators and assigns by these presents in manner following (that is to say) That he the said William Knight now hath in himself full power good right and lawful authority by these presents to assign the said annuity or yearly sum of four Guineas unto the said Richard Varcoe William Cowlin and Benjamin Dyer their executors administrators and assigns in manner aforesaid AND ALSO that they the said Richard Varcoe William Cowlin and Benjamin Dyer their executors administrators and assigns shall and may have received take the said annuity or yearly sum of four Guineas (subject to the aforesaid payments towards the same) upon the trusts and to and for the uses trusts and purposes hereinbefore expressed without the lawful let suit claim or demand of the William Knight his executors or administrators or of any other person or persons whomsoever IN WITNESS whereof the aforesaid parties to these presents (being on Paper duly stamped) their hands and seals have set the date and year first above written.
In the margin: Stamped Five Pence Sheet On the Reverse: Mr William Knight |
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Contributed by Kay Woodhouse. |
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| Source: LDS FILM 1596397 |