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THIS
INDENTURE made the 5th day of August 1854 BETWEEN GEORGE
WESTLAKE late of the Parish of North Petherwyn in the
County of Devon but now of the Parish of Tintagel in the
County of Cornwall yeoman of the one part and WILLIAM
BAKER of the said parish of North Petherwyn yeoman of
the other part WHEREAS by indenture of lease and release
and appointment and the Release and appointment bearing
date the 28th day of September 1811 and made between
Edward Coode of the Parish of St Austle in the said
County of Cornwall and Richard Westlake of the Parish of
North Petherwyn yeoman of the other part For the
valuable consideration therein mentioned the
hereditaments and premises therein and hereafter
described and hereby granted and conveyed or mentioned
so to be were granted bargained sold and released and to
the use of the said Richard Westlake his heirs and
assigns for ever AND WHEREAS by indenture of Release
dated on or about the 1st day of March 1851 and made
between the said Richard Westlake of the one part and
the said George Westlake therein described as the only
son of the said Richard Westlake of the other part for
the good and valuable considerations therein expressed
the said Richard Westlake did bargain sell release and
assume unto the said George Westlake and his heirs
(inter alia) the hereditaments and premises hereinafter
described and hereby assigned or intended so to be To
Hold unto the said George Westlake his heirs and assigns
for ever. And premises hereby TO THE USE intent and
purpose that the said Richard Westlake and his assigns
might during the term of his natural life receive out of
the rents and profits a certain rent charge thereinafter
mentioned and from and after the decease of the said
Richard Westlake To the Use Intent and purpose that Mary
the wife of the said Richard Westlake if she should
survive him and her assigns might during the term of her
natural life secure out of the rents and profits a
certain rent charge therein mentioned and subject as in
the said indenture now in recital mentioned To the use
of the said George Westlake his heirs and assigns for
ever AND WHEREAS the said Richard Westlake departed this
life on the 10th day of February 1854 but the said Mary
Westlake is still living and now aged about 77 years AND
WHEREAS the said George Westlake has contracted and
agreed or intended so to be and the inheritance thereof
in fee simple free from incumbrances at or for the price
or sum of £130 NOW THIS INDENTURE WITNESSETH that in
pursuance of the said agreement and in consideration of
the sum of £130 sterling paid by the said William Baker
to the said George Westlake at or before the execution
of these presents the receipt of which said sum the said
George Westlake doth hereby acknowledge and from the
same and every part thereof doth release and for ever
discharge the said William Baker his heirs executors and
assigns HE the said George Westlake DOTH hereby grant
and convey unto the said William Baker and his heirs ALL
THAT one piece or parcel of ground or moor with the
appurtenance commonly called or know by the name of HIPS
MOOR situate lying and being in the parish of Warbstow
in the said County of Cornwall containing by estimation
7 acres of land (be the same more or less) formerly in
the occupation of John Sheers or his undertenant late of
the said Richard Westlake and now of the said George
Westlake Together with all ways paths passages hedges
fines profits privileges commodities hereditaments
rights members and appurtenances whatsoever to the same
hereditaments and premises hereinbefore mentioned to be
hereby granted and conveyed incident belonging or in any
wise appertaining AND all the estate right title
interest use trust property claim and demand whatsoever
as well legal and equitable of him the said George
Westlake of in to or out of the said hereditaments and
premises mention or intended to be hereby granted and
conveyed and every or any part thereof TO HAVE AND TO
HOLD the said hereditaments and premises hereby granted
and conveyed or otherwise assured or intended to be with
their appurtenances unto and to the use of the said
William Baker his heirs and assigns for ever AND the
said William Baker having been married in or about the
year 1842 declares that no woman who shall become his
widow shall be entitled to Dower into or out of the said
hereditaments and premises hereby granted and conveyed
AND the said George Westlake for himself his heirs
executors and administrators doth hereby covenant and
agree with the said William Baker his heirs and assigns
that he the said George Westlake hath not at any time
heretofore nor of his knowledge hath the said Richard
Westlake save as appears by these presents committed or
suffered and act deed matter or thing whereby the said
hereditaments and premises hereby assured or any part
thereof respectively are is can shall or may be
impeached affected or incumbered in title estate or
otherwise howsoever AND FURTHER that he the said George
Westlake now hath in himself good right and absolute
authority by these presents to grant and convey or
otherwise msne the said hereditaments and premises
hereby granted and conveyed or intended so to be and
every part of the same with the appurtenances unto and
to the use of the said William Baker his heirs and
assigns for ever according to the true intent and
meaning of these presents AND also that the same
hereditaments and premises shall and may at all times
hereafter be peaceably and quietly held and enjoyed by
the said William Baker his heirs and assigns without any
let suit eviction interruption or denial whatsoever from
or by the said George Westlake or any person or persons
whomsoever rightfully or lawfully claiming or to claim
any estate right title or interest at law or in equity
in to or out of the said hereditaments and premises or
any part thereof by from under or in trust for him the
said George Westlake or the said Richard Westlake
deceased or by or through their his or either of their
acts defaults privity or procurement and that free and
clear or freely and clearly and absolutely exonerated
and discharged power by the said George Westlake his
heirs executors or administrators effectually kept
indemnified against all former or other estates rights
titles charges and incumbrances whatsoever made created
or occasioned by the said George Westlake or any person
or persons rightfully claiming from through under or in
trust for him or the said Richard Westlake deceased or
by or through his their or either of their acts defaults
privity or procurement AND FURTHER that the said George
Westlake and his heirs and every person whosoever
rightfully claiming my estate right tile charge or
interest at law or in equity in to or out of the said
hereditaments and premises hereby granted and conveyed
or intended so to be or any part thereof from through
under or in trust for him or their will from time to
time and at all times hereafter on the request and at
the costs and charges of the said William Baker his
heirs or assigns make do or execute and perfect every
such lawful and reasonable deed conveyance or assurance
in the law whatsoever for more effectually or
satisfactory appointing granting conveying confirming or
otherwise assuring the said hereditaments and premises
hereby released or intended so to be and every part of
the same with their appurtenances in manner aforesaid in
true intent and meaning of these presents by the said
William baker his heir or assigns or his or their
counsel in the law shall be reasonably advised and
required AND LASTLY that he the said George Westlake his
heirs and assigns shall and will from time to time and
at all times hereafter unless prevented by fire or some
other unavoidable accident upon the request and at the
costs of the said William Baker his heirs and assigns
produce and show forth or to be produced and shown unto
the said William Baker his heirs or assigns or their
counsel solicitor attorney or agent or on any trial or
hearing commencing or examination or directed by any
court or courts of law or equity or other court of
judicature in the United Kingdom or otherwise as often
as occasion shall require the said indenture of the
first day of March 1851for the purpose of manifesting
and defending the title of the said William Baker his
heirs and assigns in or to the said hereditaments and
premises hereby granted or conveyed or any part thereof
and shall and will unless so prevented as aforesaid at
the like requests cost and charges of the said William
Baker his heirs and assigns deliver to him or them any
abstract or abstracts copy or copies such copy or copies
to be attested if required of all or any of the deeds
instruments or writings and shall and will permit and
suffer the said William Baker his heirs and assigns to
compare and examine the same with the originals PROVIDED
always and it is hereby declared and agreed by and
between the said parties hereto that d if the said
George Westlake his heirs or assigns shall at any time
hereafter part with the custody and possession of the
hereinbefore recited indenture of the 1st day of March
1851 for any person or persons who may at the time being
be owner or owners of the residue of the said
hereditaments comprised therein or if some part of such
residue and shall and do at the expense of the purchase
or purchasers thereof or if the said William Baker his
heirs or assigns produced deed of covenant to be made
created and delivered to the said William Baker his
heirs or assigns for the production and furnishing
copies of the said indenture to the effect of the
covenant herein before contained in that behalf shall be
and become wholly null and void IN WITNESS the said
parties to these presents have hereunto set their hands
and seals the day and year first above written
Return to
Tintagel
Parish Page
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |