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Indenture concerning Property in Warleggan, 23 September 1858

Mr William Bunt and Mary his wife
To
Miss Jane Cole Henwood
Conveyance of Polventon And Barley Plot in Warleggan
 
This Indenture made the twenty third day of September in the year of our Lord one thousand eight hundred and fifty eight Between William Bunt of Sherford in the Parish of Wilton in the County of Somerset Gentleman and Mary his Wife and Jane Cole Henwood of Tremoore in the Parish of Lanivet and County of Cornwall Spinster of the other part Whereas by Indenture of Lease and Release bearing date the eighteenth and nineteenth days of September one thousand eight hundred and three the release made between James Wyard Gooch of the one part and Petherick Bunt then of Cardynham in the said County Yeoman of the other part the hereditaments and premises hereinafter described and intended to be hereby conveyed were released and assured unto the said Petherick Bunt his heirs and assigns To the only proper use and behoof of the said Petherick Bunt his heirs and assigns for ever And whereas the said Petherick Bunt being so seized of the said hereditaments and premises in and by his last Will and Testament in Writing duly executed and attested bearing date on or about the nineteenth day of April one thousand eight hundred and nine and proved in the Archdeaconry Court of Cornwall on or about the sixteenth day of March one thousand eight hundred and eleven gave devised and bequeathed the same hereditaments and premises unto his son William Bunt party hereto his heirs and assigns for ever And whereas the said William Bunt hath contracted to sell the said hereditaments and premises and the inheritance thereof in possession in Fee simple to the said Jane Cole Henwood for the sum of Seven hundred and Ninety pounds Now this Indenture witnesseth that in pursuance of the said Contract and in Consideration of the sum of Seven hundred pounds Sterling paid by the said Jane Cole Henwood to the said William Bunt on the execution of these presents the receipt whereof the said William Bunt doth hereby acknowledge and therefrom doth by these presents release and forever discharge the said Jane Cole Henwood her heirs executors administrators and assigns He the said William Bunt doth by these presents grant release and confirm and the said Mary the Wife of the said William Bunt for the purpose of releasing her right of dower in the said hereditaments and premises and with the approbation of the said William Bunt doth by these presents demise release and quit claim unto the said Jane Cole Henwood and her heirs all that Messuage and Tenement with the appurtenances commonly known or called by the name of Polvinton otherwise Polfenton situate lying and being in the Parish of Warleggan in the said County of Cornwall and containing Eighteen Acres of Land or thereabout be the same more or less And also all that Tenement with the appurtenances called or commonly known by the name of Barley Plot situate lying and being in the Parish of Warleggan aforesaid and containing Three Acres of Land or thereabout be the same more or less all which said premises are part and parcel of the Manor of Warleggan in the said County of Cornwall formerly in the possession of William Growden as Tenant thereof but now of William Werry and John Lemin Together with all Houses Outhouses Edifices Buildings Barns Stables Orchards Gardens Lands Meadows Pastures Feedings Waters Watercourses Ways Paths Passages Advantages rights members and appurtenances whatsoever to the said hereditaments and premises belonging or in any wise appertaining And the reversion and reversions remainder and remainders yearly and other Rents issues and profits thereof And all the estate right title and Interest use trust property claim and demand whatsoever either at law or in equity of them the said William Bunt and Mary his wife of in to or out of the same and every part thereof to have and to hold the said Messuage Tenements and hereditaments hereinbefore described and hereby or mentioned or intended to be hereby granted and released with their and every of their rights members and appurtenances unto the said Jane Cole Henwood her heirs and assigns To the use of the said Jane Cole Henwood her heirs and assigns for ever And the said William Bunt doth hereby for himself his heirs executors and administrators covenant with the said Jane Cole Henwood her heirs and assigns that these presents shall forthwith be acknowledged by the said Mary his wife she hereby consenting and otherwise perfected with the Soleminities prescribed by law for rendering the acknowledgements of married Women effectual for releasing or extinguishing their Interests in landed property And also that they the said William Bunt and Mary his Wife now have in themselves full power to grant and release the said hereditaments and premises unto and to the use of the said Jane Cole Henwood her heirs and assigns in manner aforesaid and according to the true intent and meaning of these presents And also that the said hereditaments and premises shall from time to time and at all times be peaceably and quietly held and enjoyed by the said Jane Cole Henwood her heirs and assigns without let suit cviction ejection interruption molestation or denial from or by the said William Bunt and Mary his Wife or any other person or persons whomsoever rightfully claiming under or in trust for them or either of them. And that fully cleanly and absolutely indemnified by the said William Bunt his heirs executors or administrators of and from and against all former and other Estates rights titles liens charges and incumbrances whatsoever made created occasioned or suffered by the said William Bunt and Mary his Wife or either of them or any person or persons whomsoever rightfully under or in trust fro him her or them or by or through their or his or her Acts deeds defaults priivity or procurement And moreover that the said William Bunt and all persons rightfully claiming any estate or interest legal or equitable in the said hereditaments and premises or any part thereof under or in trust for him will from time to time and at all times hereafter at the request and Costs of the said Jane Cole Henwood her heirs or assigns enter into execute or perfect all such further Acts Deeds Conveyances and assurances whatsoever for the further better or more perfectly or satisfactorily granting releasing and confirming or otherwise assuring the said hereditaments and premises and every or any part of the same with their appurtenances unto and to the use of the said Jane Cole Henwood her heirs and assigns according to the true intent and meaning of these presents as the said Jane Cole Henwood her heirs or assigns or her or their Counsel in the Law shall require and as the same shall be rendered to be done and executed. In witness whereof the parties aforesaid to these presents (being first duly stamped) their hands and seals have set the day and year first above written.

Signed sealed and delivered by the within named William Bunt in the presence of

Signed sealed and delivered by the within named Mary Bunt in the presence of

Received the day and year first written mentioned of and from the within named Jane Cole Henwood the sum of Seven hundred and Ninety Pounds being the full Consideration money within mentioned to be paid by him to me the within named

This Deed marked A was this day produced before us and acknowledged by Mary Bunt the Wife of William Bunt therein named to be her Act and Deed previously to which acknowledgment the said Mary Bunt was examined by us separately and apart from her husband touching her knowledge of the contents of the said Deed and declared the same to be freely and voluntarily executed by her. Dated this twenty third day of September one thousand eight hundred and fifty eight.

Memorandum That by an Indenture dated the 28th day of March 1891 and made between Francis John Henwood of the one part and Frederick Ernest Remfry of the other part the Tenement called Barley Plot in the parish of Warleggan within described was Conveyed to the said Frederick Ernest Remfry And the said Francis John Henwood acknowledged the right of the said Frederick Ernest Remfry to the production of the within written Indenture and to the delivery of copies thereof and undertook for the safe custody thereof.

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Transcribed by John Keast from a document in the Malcolm McCarthy Collection