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William Knight re: Elizabeth CockThis 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 Stream 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 that
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
towards 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 and 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 Knight 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
say) In Trust that they the said Richard Varcoe William Cowlin and
Benjamin Dyer their executors administrators and assigns 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 as 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 and also all and
singular the other parishioners and inhabitants of the said Parish of
Roach which now or hereafter shall be for the time being of and from all
manner of costs taxes rates assessments and charges whatsoever for and
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 .... 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 administrators or otherwise but
upon the trusts and to and for the uses hereinbefore mentioned to ask
demand sue for recover and receive of the said Benjamin 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 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 receive and 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 said
William Knight his executors administrators or of any other person or
persons whomsoever In Witness whereof the aforesaid parties to these
presents (being a Paper duly stamped) their hands and seals have set the
day and year first above written In the margin: Stamped Five Pence Sheet N.B. Handwritten document.
Words in both italics and brackets are
inserted by the transcriber e.g. (signed). Contributed by John Evans |