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This Indenture made the twenty-first day of February in the year of our Lord one thousand eight hundred and fifty two Between WILLIAM WESTLAKE of the parish of Lanlivery in the County of Cornwall Esquire of the first part and WILLIAM BURGESS of the town of Southmolton in the County of Devon Gentleman of the second part and WILLIAM REED formerly of the parish of Minster in the said County of Cornwall but now of the Parish of Saint Teath in the said County of Cornwall Shoemaker of the third part Whereas by Indentures of Lease and Release and Appointment dated the sixth and seventh days of September of the year one thousand eight hundred and thirty six the release and apportionment being between GEORGE BELL LAWRENCE of Lostwithiel Esquire and DOROTHY BULLOCK his wife of the first part and WILLIAM BURGESS of Lostwithiel aforesaid esquire of the second part HENDER MOUNTSTEVEN of Bodmin Gentleman of the third part JOHN BENNETT of the same place Gentleman of the fourth part the said WILLIAM REED of the fifth part and EDWIN LEY of Liskeard Banker of the sixth part. After reciting, as therein recited, it is witnessed that in consideration of the sum of two hundred and seventy pounds paid as therein is mentioned she the said DOROTHY BULLOCK LAWRENCE did direct limit and appoint that the Messuage Lands and Hereditaments therein and hereafter described should form thenceforth remain continue and be to the uses upon the levels and for the ends intents and purposes thereinafter expressed and declared of and concerning the same and it is further witnessed that for the consideration aforesaid He the said WILLIAM BURGESS did grant bargain sell and release and the said GEORGE BELL LAWRENCE and DOROTHY BULLOCK his wife did grant bargain sell ratify and confirm unto the said WILLIAM REED his heirs and assigns the aforesaid messuage lands and hereditaments to hold to the said WILLIAM REED and his heirs to such uses upon uses and intents and purposes whereas they should from time to time direct or appoint and in default thereof to the use of the said WILLIAM REED and his assigns for his life and after the determination thereof to the sue of the said EDWIN LEY his executors administrators and assigns for the life of the said WILLIAM REED in trust for him and his assigns and after the determination of that estate to the use for the said WILLIAM REED his heirs assigns for ever And whereas by indentures of lease and release and appointment dated the twenty eighth and twenty seventh days of September in the said year one thousand eight hundred and thirty six the Release and Appointment being between the said WILLIAM REED of the first part the said EDWIN LEY of the second part and LOUISA BURGESS of Lostwithiel aforesaid Spinster of the third part After reciting the Indenture of Release and Appointment of the seventh day of September one thousand eight hundred and thirty six hereinbefore in part recited and that the said LOUISA BURGESS had agreed to advance and lend to the said WILLIAM REED the sum of Two Hundred Pounds It is witnessed that the said WILLIAM REED in consideration of the said sum of Two Hundred Pounds then paid to him by the said LOUISA BURGESS direct limit and appoint that the said messuage lands and hereditaments thereinafter and hereinafter described should go remain continue and be to the use of the said LOUISA BURGESS her heirs and assigns for ever Subject to the proviso for the redemption therein contained And it is further addressed that for the consideration agreed by the said WILLIAM REED did grant bargain sell release unto the said LOUISA BURGESS her heirs and assigns the aforesaid messuage lands and hereditaments hereinafter described To hold to the said LOUISA BURGESS her heirs and assigns To the use of the said LOUISA BURGESS her heirs and assigns for ever Upon trust to secure the repayment of the said sum of Two Hundred Pounds with the interest thereof and on a day therein mentioned and with power to sell for non payment of the same and bonds the said LOUISA BURGESS afterwards intermarried with the said WILLIAM WESTLAKE but upon that event one settlement of her real or personal property was made and whereas the said LOUISA WESTLAKE formerly died in the nineteenth day of July in the year one thousand eight hundred and fifty three Intestate and without issue and the said WILLIAM BURGESS party hereto her heir at law and the said William Westlake look and ? letters of administration to her effects from the Archdeaconry Court of Cornwall on the fifteenth day of July in the year one thousand eight hundred and forty four And whereas the said WILLIAM REED hath paid off and discharged the said sum of Two Hundred pounds and all interest due thereon these presents which he the said WILLIAM WESTLAKE doth hereby admit and acknowledge and thereof and of and from the payment thereof doth hereby admit and acknowledge and thereof and of and from the payment thereof and of and from the payment thereof doth acquit release and discharge the said WILLIAM REED his Heirs, executors administrators and assigns and the said messuage lands and hereditaments and every of them and every part thereof by these presents and has requested the said WILLIAM BURGESS party hereto as such heir at law as aforesaid to reconvey the said messuage lands and hereditaments to the said WILLIAM REED as hereafter mentioned NOW THIS INDENTURE WITNESSETH that in consideration of the sum of Five shillings of lawful money of Great Britain to the said WILLIAM BURGESS party hereto by the said WILLIAM REED in hand paid at or immediately before the sealing and delivering whereof the receipt thereof is hereby acknowledged We the said WILLIAM BURGESS at the request and by and with the direction and consent of the said WILLIAM WESTLAKE certified by his being party to these presents DOTH so far as he can lawfully can or may but not further or otherwise grant bargain sell release recovery and confirm unto the said WILLIAM REED his heirs assigns ALL that the aforesaid Messuage Dwelling House Tenement Fields or Closes of land in or called Medrose with their rights members and appurtenances situate lying and being in the Parish of Saint Teath in the said county of Cornwall formerly in the possession or occupation of THOMAS KENT afterwards WILLIAM LANE and now of the said WILLIAM REED or his hereditaments together with all houses outhouses edifices buildings ways paths passages waters watercourses hedges fences trees mines minerals metals quarries commons and commons of pasture and turbary easements profits commodities advantages rights members and appurtenances whatsoever to the said hereditaments and premises belonging to or any wise appertaining or to or with the same or any part thereof now or any time demised leased held used occupied engaged or accepted reputed deemed taken or known as part parcel or member thereof And the reversion and reversions remainder and remainders rents issues and profits of the said hereditaments and premises and any part thereof And the all the estate right title interest use trust benefit property claim and demand whatsoever as well legal as equitable of him the said WILLIAM BURGESS paying hereto in loor out of the same hereditaments and premises and every of them and every part thereof TO HAVE AND TO HOLD The said messuage tenement lands hereditaments and all and all singular other the premises hereby released or mentioned and intended so to be with the appurtenances unto WILLIAM REED his heirs and assigns to such and the same uses and for such and the same trusts and intents and purposes and with such and the same powers as are mentioned expressed and declared and concerning the same in the said herein to for in part recited indenture of release and appointment on the seventh day of September one thousand eight hundred and thirty six AND each of them the said WILLIAM WESTLAKE and WILLIAM BURGESS party heretofore said only as relates to his own acts and deeds doth hereby for himself his heirs executors and administrators covenant with the said WILLIAM REED his heirs and assigns that they the said covananting parties respectively have not anytime here to for made done committed or occasioned or knowingly or willingly permitted or suffered or been party or privy to any act deed matter or thing whatsoever whereby or by reason whereof the said lands hereditaments premises hereby released and reconveyed or expressed and intended so to be or any part thereof are is or can shall or maybe be impeached charged affected or incumbered in title estate or otherwise howsoever IN WITNESS whereof the said parties to these presents being (first?) duly stamped have hereunto subscribed and set their hand and seals the day and year first above written in.
William Westlake William Burgess Signed, sealed and delivered by the within named William Westlake in the presence of
John Bennett
Signed,
sealed and delivered by the within named William Burgess
in the presence of
Received the
day and year first within written of the within
William
Westlake
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Transcribed by Stuart Saunders from Document in Malcolm McCarthy Collection. Malcolm (Malc in Sunny Padstow) has the original document. |