.
Dated 20th September 1819 Mr William Derry to Mr Richard Helson Lease for a Year. List No 8.
This Indenture made the twenty eighth day of September in the fifty ninth year of the Reign of our Sovereign Lord George the third by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith, and in the year of our Lord One Thousand Eight Hundred and Nineteen.
BETWEEN William Derry of Launceston in the County of Cornwall Mercer of the one part and Richard Helson of Broadwoodwidger in the County of Devon Yeoman of the other part. WITNESSETH that the said William Derry in Consideration of Five Shillings of lawful British Money to him in hand paid by the said Richard Helson at or before the sealing and delivery of these Presents [the receipt whereof is hereby acknowledged] and for other good causes and considerations Him the said William Derry hereunto specially moving Hath bargained and sold, and by these Present Doth bargain and sell unto the said Richard Helson his Executors Administrators and Assigns ALL that One Mansion or Dwelling House Messuage and Tenement with the Appurtenances thereto belonging situate lying and being in a Street, commonly called or known by the name of the Broadstreet within the Borough of Dunheved otherwise Launceston aforesaid bounded on the South and West with the Lands formerly of Samuel Lyne Gentleman, and now of W Thomas Ching; on the East with the Lands of John Manning, and on the North with the Broad street aforesaid formerly the lands of Francis Jenkyn and Sarah his wife, afterwards of the said John Eastcott and now in the possession of Agnes Harvey as Tenant Together with all and singular Lights Areas Easement Sewers ways passages profits priveledges advantages and Appurtenances whatsoever to the Dwelling House and other Hereditaments hereby bargained and sold, or intended so to be, or any part thereof belonging or in anywise appertaining And the reversion and reversions remainder and remainders yearly and other rents issues and profits of all and singular the aforesaid Dwelling House and their Heriditaments TO HAVE AND TO HOLD the said Dwelling House and other Hereditaments hereby bargained and sold or intended so to be and every part thereof unto the said Richard Hilson his Executors Administrators and Assignes from the day next before the day of the date of these Presents for and during and unto the said William Derry and his Assignes the yearly Rent of One Pepper Corn at the expiration of the said Term if the same shall be awfully demanded. To the Intent and Purpose that by virtue of these Presents and of the Statute for transferring Uses into possession, the aid Richard Helson may in the actual possession of the Premises and be thereby inabled to take and accept a Grant and Release of the Freehold reversion and inheritance of the same, To and to the use of the said Richard Hilson his Heirs and Assignes forever as by certain Indentures of Release already prepared and engrossed and made or expected to be made Between the said William Derry of the first part; Sanford Eastcott therein described of the second part; Thomas Sanford Eastcott therein described of the third part; Ann Eastcott therein described of the fourth part; the said Thomas Sanford Eastcott of the fifth part; William Evenis, Uriah John Strange, the Reverend Richard Grimes and Ann Eastcott Binns therein respectively, described of the sixth part and the Richard Hilson of the seventh part, and bearing or intended to bear the date the day next after the day of the date of these Presents is expressed or declared of or concerning the same. IN WITNESS whereof the Parties aforesaid to these Presents written on Parchment Legally Stamped, their hands and Seals have set the day and year first above written
William Derry.
List No: 9. THS INDENTURE made the 29th September in the fifty ninth year of the Reign of our Sovereign Lord George the third by the Grace if God of the United Kingdom of Great Britain and Ireland King Defender of the Faith and in the year of the Lord 1819 Between William Derry of Launceston, Cornwall, Mercer, of the first part and Sanford Eastcott of Haverhill, Suffolk Surgeon of the second part; Thomas Sanford Eastcott of Falmouth Cornwall Esquire of the third part; Ann Eastcott of Lostwithiel Cornwall Spinster of the fourth part Thomas Sanford Eastcott is the Administrator of All the Goods and Chattels of Susanna Eastcott his Sister late of Lostwithiel Spinster of the fifth part; William Evenis of the City of Bath Grocer; Uriah John Strange of Bath Grocer; the Reverend Richard Grimes of Havorfordwest Pembroke; Ann Eastcott Binns of Bath Widow of the sixth part; and Richard Helson of Bradworthy Devon Yeoman of the seventh part Whereas John Eastcott late of Launceston Surgeon made and duly published his Last Will and Testament in Writing bearing date on or about the 8th November 1806 and executed so as to pass freehold Estates and thereby gave and devised among and together with other hereditaments the Dwelling house and other heredits hereinafter described and intended to be released situate lying and being in the Borough of Launceston after the death of his wife Grace Eastcott unto William Derry and his heirs Upon Trust and confidence that immediately or so soon after his wife’s death as could conveniently be done he William Derry or his heirs should and did sell and dispose of All and singular the premises and the fee simple and inheritance thereof by public Survey or Auction for the greatest money or best price that could be had or gotten for the same And after paying and discharging the expences of such sale to pay the clear money thereby arising to and amongst his Nephews Sanford Eastcott Thomas Sanford Eastcott and his two Nieces Ann and Sussana Eastcott Daughters of his brother the Reverend Richard Eastcott, deceased, and his four Nieces the Daughters of his late Sister Ann Hazard deceased or such and so many of them as should be living at the time of his death equally between them share and share alike And the Testator appointed his wife Grace Eastcott Executrix of his Will and he afterwards died without altering his Will AND after his death Grace Eastcott duly proved the Will in the Prerogative Court of the Archbishop of Canterbury And Whereas at the death of John Eastcott there were living Sanford, Thomas Sanford, Ann and Susanna Eastcott and four Nieces Daughters of the Testators Sister Ann Hazard [that is to say] Elizabeth Worcester Hazard Penelope and Margaret Hazard and Ann Eastcott Binns who were all entitled to the produce of one eighth share or proportion Ann Susanna Eastcott died in 18—intestate whereupon her 1/8th expectant share of the Trust monies and Premises become vested into Thomas Sanford Eastcott and Ann Eastcott as his only surviving next of kin and Letters of Administration bearing date on or about the 19th June last of the personal Estate and Effects of Susanna Eastcott have been granted by the Archdeaconry Court of Cornwall to Thomas Sanford Eastcott who has become entitled to receive the 1/8th share of Susanna’s trust monies And Whereas Grace Eastcott died in the month of January last And Whereas Elizabeth Worcester Hazard intermarried with William Evenis and died in July 1813 having in her lifetime made and duly published her Last Will and Testament bearing date on or about the 19th June then last she appointed William Evenis Executor who duly proved the Will in the Prerogative Court of the Archbishop of Canterbury on or abut the 3rd July last and Thereby became entitled to receive the 1/8th Trust money share of the Will of John Eastcott And Whereas Penelope Hazard intermarried with Uriah John Strange and afterwards dies in the year 1811 And the Prerogative Court of the Archbishop of Cantab. Hath granted Letter of Administration bearing date on or about 2nd July last of the personal Estate and Effects of Penelope to Uriah John Strange who is thereby entitled at Law to her said 1/8th share of Trust monies And Whereas Margaret Hazard intermarried with Richard Grimes and afterwards died in the month of March 1812 having in her lifetime made and published her last Will and Testament bearing date 8th November 1810 whereof she appointed Richard Grimes Executor who duly proved the Will in the Prerogative Court of the Archbishop of Cantab. On or about the 10th July last and thereby became entitled to receive the 1/8th share of the Trust monies And Whereas the said William Derry in pursuance of the Trusts reposed on him by the past recited Will did with the privety and concurrence of Sanford, Thomas and Ann Eastcott and William Evenis Uriah John Strange Richard Grimes and Ann Eastcott Binns cause Lands Hereditaments whereof John Eastcott died seised or possessed of to be put up for sale by public auction in four Lots and Richard Helson was the highest bidder and was declared the Purchaser of Lot 2 being the Dwelling houses and hereditaments hereinafter described intended to be released at the Sum of £380 And the above said heirs have agreed to concur to the conveyances and Covenants for the Title and assurances of the Hereditaments contracted to be Sold NOW THIS Indenture Witnesseth that in pursuance of the Agreements and in Consideration of the £380. of Lawful British Money by Richard Helson to William Derry in hand well and truly paid upon the execution of these Presents the receipt of the sum William Derry acknowledges to be in full for the purchase of premises to be released the money Doth release Richard Helsen etc. William Derry at the request and direction of the Heirs testified to the Executors of these presents according to the Estate and interest of himself in the premises released and the Heirs have been satisfied released the premises to Richard Helson to his actual possession by Five Shillings payment by Indenture bearing date the day next before the day and date of the Presents for the Term of One Whole Year commencing [as above] of the same Indenture of Bargain and Sale for ALL that one Mansion or Dwelling house Messuages and Tenement with appurtenances belonging situated in Broad Street Launceston Cornwall bounded [as before quoted] – there follows more legalities regarding the premises, heirs, rights and titles etc. to everyone mentioned in the indenture which ends] – In Witness whereof the parties aforesaid their hands and seals set the day and year first written.
Six seals and signatures appended.
List No: 16. THIS INDENTURE made 5th February 1828 Between John Langman, Carpenter, [Launceston], and Agnes his wife late Agnes Harvey, Spinster; Deborah Bullott [Launceston] Widow, late Deborah Harvey, Spinster; Susanna Fletcher Harvey [Lifton], Spinster, and Mary Harvey [Lifton] Spinster, which said Agnes, Deborah, Susanna Fletcher and Mary are the only Creditors and Co-heirs at Law of Edward Harvey, late of Launceston, Wheelwright, deceased, who was heir at Law of Mary Rowe, late of Cross in the parish of Broadwoodwidger, Widow, deceased. Susanna Harvey, widow of Edward Harvey, deceased – Richard Cock, Lifton, Yeoman, administrator of Mary Rowe – Richard Hamley, Broadwoodwidger, Hatter – Richard Kingdon Frost, Launceston, Gentleman – Sanford Eastcott, Thomas Sanford Eastcott, Ann Eastcott Binns, and Richard Heeson [Helson?] deceased.
The said House, hereditaments and premises in Broad Street, Launceston, bounded on the South & West by the lands formerly of Samuel Lyne, gent And now of Thomas Ching, on the East by the lands of John Manning and on the North by Broad Street, formerly the lands of Francis Jenkyn and Sarah his wife, afterwards of John Eastcott, afterwards in the occupation of Agnes Harvey and now of Abraham Shepherd as Tenant to Richard Hamley.
Dated 5th February 1828. Release of a dwelling house on Broad Street, Launceston, in Consideration of £460.
Mr Richard Hamley and the Assessors of Law and Administration of his Mortgage and others. – To Mr Abraham Shepherd and his Trustees.
Signed sealed and delivered by the within named Susanna Fletcher Harvey, and Susannah Harvey in the presence of – Thomas Spettigue.
Signed sealed and delivered by the within named Deborah Bullott in the presence of – Jno. Geake, jnr.
Signed sealed and delivered by the within named John Langman and Agnes his wife in the presence of – Edward Spettigue.
Signed sealed and delivered by the within named Richard Cock & Richard Hamley in the presence of –
Thomas Pearse.
Received the day and year first written of and from the within named Abraham Shepherd the sum of £417 being the full sum due to me as administrator of Mary Rowe, late of Cross in the parish of Broadwoodwidger in the Co of Devon, for Principal and Interest on the within recited Mortgage. Under my hand – Richard Cock.
Received the day and year first written the sum of Forty three pounds which together with the sum of Four hundred and seventeen pounds paid to the said Richard Cock by the said Abraham Shepherd at my request making together the sum of £460. as the full Consideration money within mentioned to be paid by him to me,
As Witness my hands – Richard Hamley. Witness – Thos Pearse.
List No: 17.
THIS INDENTURE made the thirty first day of January 1854 Between Richard Dingley of Launceston in the County of Cornwall, Gentleman, of the first part, William Edgcombe Nicolls of Launceston aforesaid, Grocer, a widower, of the second part, and Joseph Spettigue of Launceston aforesaid, Chemist and Druggist, of the third part Whereas by Indenture bearing date the twenty ninth day of October 1853 and made between the said William Edgcombe Nicolls of the one part and the said Richard Dingley of the other part the said William Edgcombe Nicolls did grant release and assure the Dwelling houses and hereditaments herein described and intended to be hereby conveyed with other hereditaments therein mentioned unto the said Richard Dingley his heirs and assigns for ever Subject nevertheless to a proviso for redemption of all the herideditaments thereby assured on payment by the said William Edgcombe Nicolls his heirs executors or administrators to the said Richard Dingley his heirs executors or assigns of the sum of One thousand one hundred and seventy five pounds with interest thereon at the rate of Five pounds per centum per annum on the twenty ninth day of April then next AND WHEREAS the said sum of fourteen pounds thirteen shillings and nine pence for interest thereon making together one thousand one hundred and eighty nine pounds thirteen shillings and nine pence as they the said William Edgcombe Nicolls and Richard Dingley hereby respectively admit and acknowledge AND WHEREAS the said William Edgcombe Nicolls has contracted and agreed with the said Joseph Spettigue for the absolute sale to him the said Joseph Spettigue of the said Dwelling house and hereditaments hereinafter described and intended to be hereby conveyed and the fee simple and inheritance therein possession free from all incumbrances at or for the price of £1,225. and has requested the said Richard Dingley to join in the Conveyance thereof hereinafter contained which he the said Richard Dingley has agreed to do on having the sum of £850. paid of the said purchase money paid to him in part discharge of his said mortgage claim and interest being satisfied that the remaining hereditaments comprised in the said mortgage are a sufficient security for the residue of the said mortgage debt and interest Now This Indenture Witnesseth that in pursuance of the said agreement and in consideration of the sum of £850. part of the aforesaid mortgage debt and interest at the request and by the direction of the said Wlm Ed Nicolls testified by his execution of these presents now paid by the said J Spettigue to the said R. Dingley the receipt of which said sum of £850. he the said R. Dingley doth hereby acknowledge and from the same sum and every part thereof doth hereby release and discharge the said Joseph Spettigue and William Edgcombe Nicolls their respective heirs executors and administrators And also in Consideration of the sum of Three hundred and seventy five pounds the residue of the said purchase money at or before the execution of these presents paid by the said Joseph Spettigue to the said William Edgcombe Nicolls the receipt of which said sum of £375. and the payment in manner aforesaid of the said sum of £850 to the said Richard Dingley and that the said sums making together £1225 are in full for the absolute purchase of the fee simple and inheritance in possession free from all incumbrances of the Dwelling houses and hereditaments intended to be hereby conveyed and assured The said William Edgcombe Nicolls doth hereby acknowledge and from the same sums and every part thereof doth by these presents release and for ever discharge the said Joseph Spettigue his heirs execs admins and assigns The said R Dingley at the request and by the direction of the said WE Nicolls testified by his executors of these presents Doth hereby grant bargain release convey AND the said WE Nicolls Doth hereby grant bargain sell release convey assign and confirm unto the said J Spettigue and his heirs ALL that one Messuage and tenement with the appurtenances formerly in the occupation of Ann Cornish or her undertenants situate lying and being in the fish market of the Borough of Launceston in the County of Cornwall bounded on the East thereof by a messuage or Dwelling house heretofore in the possession of Sarah Eastcott Widow and on the west part thereof by a messuage or Dwellinghouse heretofore the property of John Eastcott Surgeon and which said premises intended to be hereby conveyed were formerly the lands of inheritance of Catherine Clarke Manning afterwards of Ann Cornish Spinster next of William Gill and late of Henry Nicolls the deceased father of the said William Edgcombe Nicolls by which said Henry Nicolls the same premises were converted into Two Dwelling houses and the said hereditaments and premises intended to be hereby conveyed are now better known by the description of ALL these Two Dwelling houses adjoining each other situate and being on the Southern side of the Broad street in the Borough of Launceston near the site of the ancient fish market there One of which said Dwelling houses is now in the occupation of William Lane and is bounded on the West by the said Messuage or Dwelling house heretofore the property of the said John Eastcott and now the property of Abraham Shepherd and the other of which said Dwelling houses hereby conveyed is now in the occupation of Richard Robbins and is bounded on the East thereof by the said Messuage or Dwelling house formerly in the possession of the said Sarah Eastcott since for many years in the occupation of the said Henry Nicolls deceased afterwards of the said William Edgcombe Nicolls and now of Edmund Pearse Nicolls as tenant to John Credacott Pearse Together with all shops outhouses buildings ways paths passages waters sewers lights rights easements emoluments and appurtenances whatsoever to the said Dwellinghouses hereditaments and premises hereby conveyed or intended so to be belonging or in any wise appertaining AND the reversion and reversions remainder and remainders rents issues and profits there of and of every part thereof AND all the estate right title interest use trust property claim and demand whatsoever at law or in equity of them the said Richard Dingley and William E Nicolls and each of them in to out of or upon the same Dwelling houses hereditaments and premises and each of them and every part thereof respectively To Have And To Hold the said Dwelling houses hereditaments and all and singular other the premises hereby conveyed or intended so to be with the appurtenances unto the said Joseph Spettigue his heirs and assigns To the use of the said Joseph Spettigue his heirs and assigns for ever freed and absolutely discharged of and from the aforesaid mortgage debt and interest and every part thereof respectively and from all claims in respect thereof AND the said Joseph Spettigue who was married in the year one thousand eight hundred and forty six hereby declares that no woman becoming his widow shall be entitled to dower out of the hereditaments hereby expressed to be granted and conveyed or otherwise assured And the said Richard Dingley Doth hereby for himself his heirs execs and admins covenant with the said Joseph Spettigue his heirs and assigns that he the said Richard Dingley hath not at any time heretofore done committed or executed or willingly or knowingly permitted or suffered any act matter or thing whereby or by means whereof the said hereditaments and premises hereby granted and conveyed or otherwise assumed or intended so to be or any part thereof are is can or may be in any wise impeached charged incumbered or affected in title estate or otherwise howsoever AND the said W E Nicolls for himself his heirs execs and admins doth covenant and agree with the said Joseph Spettigue his heirs and assigns by these presents in manner following, that is to say That for and not withstanding of any act deed matter or thing whatsoever by him the said WE Nicolls or any person or persons whomsoever lawfully claiming or who may claim by from or under him or by from or under the said Henry Nicolls deceased had made done committed suffered or executed to the contrary they the said Richard Dingley and WE Nicolls or one of them at the time of the execution of these presents are or is lawfully and rightfully seised of or entitled to the said hereditaments and premises hereinbefore mentioned to be hereby conveyed for an absolute and indefeasible estate of inheritance in fee simple in possession And that for and notwithstanding any such act deed matter or any thing as foresaid they the said R Dingley and WE Nicolls or one of them now have or hath in themselves or himself full power and absolute authority by these presents to convey and assure the said hereditaments and premises in manner aforesaid according to the true intent and meaning of these presents And further that the said hereditaments and premises shall and may be peacefully and quietly held and enjoyed and the rents profits thereof received and taken accordingly without the interruption or denial of the said WE Nicolls his heirs or assigns or any other person or persons whomsoever lawfully claiming or who may claim any estate rights title or interest in to or out of the same premises by from or under him or them or by from or under his acts defaults means consent privity or procurement or by from or under the said Henry Nicolls deceased And that free and clear and freely and clearly exonerated and discharged from or by him the said WE Nicolls his heirs execs or adminrs effectively kept harmless and indemnified of from and against all former and other estates rights titles charges and incumbrances whatsoever has made done occasioned or suffered by him or any person or persons lawfully claiming or who may claim from or under him or by through or with his acts defaults means consent privity or procurement or by from or under the said Henry Nicolls deceased And moreover that he the said WE Nicolls and his heirs and every other person whatsoever lawfully claiming or who may claim any estate right title or interest in to or out of the said hereditaments and premises hereby conveyed or otherwise assured or intended so to be from or under him or them or by from or under the said Henry Nicolls deceased shall and will from time to time and at all times hereinafter upon the request and at the costs and charges of the said J Spettigue his heirs or assigns make do acknowledge and execute or cause to be made done acknowledged or executed every such further act conveyance and assurance in the law for the more effectively granting conveying and assuring All and singular the hereditaments and premises hereby conveyed or otherwise assured or intended so to be with the appurtenances in manner aforesaid according to the true intent and meaning of these presents as by the said J Spettigue his heirs and assigns on his or their Counsel in the Law shall be reasonably advised devised or required IN WITNESS whereof the said parties to these presents have hereinto set their hands and seal the day and year first above written.
Signatures and seals of William Edgcombe Nicolls; Richard Dingley; Joseph Spettigue.
Dated 3rd January 1854. Mr William Edgcombe Nicolls and his Mortgage to Mr Joseph Spettigue.
CONVEYANCE in fee of 2 Dwelling houses in Broad Street, Launceston.
On the back of the document is written: Received on the day of the date of the within written Indenture of and from the within named Joseph Spettigue the sum of Eight hundred and fifty pounds being the Consideration money within mentioned to be paid by him to me, R Dingley.
Received on the day and date of the withinwritten Indenture of and from the within named Joseph Spettigue the sum of Three hundred and seventy five pounds being the Consideration money within mentioned to be paid to me. William E Nicolls.
A Memorandum by Indenture leaving date the fifth day of March 1884 and made between William Pearse Bishop of St Edmunds, Padstow in the County of Cornwall, Esquire, and William Tremain Hellyar of Church Street, Padstow, aforesaid, Esquire of the one part and Richard Robbins and Edward Bloxsome both of Broad Street in the Borough of Launceston in the said County of Cornwall, Cordwainers of the other part the within Deed is under acknowledgment for production to the said Richard Robbins and Edward Bloxsome.
Indentures of Mr Parish’s shop in Broad St. Launceston, now in CRO.
List No: 25. THIS INDENTURE made the 19th May 1882 Between Thomas Shearm the Younger, of Launceston, Cornwall, Brewer, of the one part, and Thomas Shearm the Elder, of the same town, Wine & Spirit Merchant, a Widower, of the other part Whereas by an Indenture bearing date the 25th March 1882 and made between John Richard Shepherd, Retired Brewer, and Thomas Shearm the Elder of the one part and Thomas Shearm the Younger of the other part the Mansion or Dwelling House and hereditaments hereinafter described and intended to be conveyed with the appurts. Were assured unto Thomas Shearm the Younger [etc] to the use of Thomas Shearm the younger for ever subject to a right of T Shearm the Elder personally during his life or until he should marry to use and occupy the Dwelling house etc. hereto he paying unto T Shearm the Younger for such use and occupation the Yearly Rent of £25. And Whereas T Shearm the Elder hath now contracted with T Shearm the Younger for the absolute purchase of the Dwelling house etc. and the inheritance thereof in fee simple in possession free from all incumbrances at the price of £600. Now then Witnesseth that in pursuance of the Contract and in Consideration of the Sum of £600. Sterling by T Shearm the Elder immediately before the execution of these presents paid to T Shearm the Y. for the purchase of the fee simple of the Dwelling house etc. hereinafter described and intended to be hereby conveyed the receipt of the £600. T Shearm the Y. hereby acknowledges and for the same he doth by these presents release and for ever discharge T Shearm the E. and the heredits intended to be conveyed T Shearm the Y. as beneficial owner Doth hereby grant and convey unto T Shearm the E. and his heirs ALL that one Mansion or Dwelling house messuage and tenement with the appurtenances situate lying and being in a Street commonly called or known by the name of Broad Street within the Borough of Dunheved otherwise Launceston, Cornwall, formerly the lands of Francis Jenkyn and Sarah his wife, afterwards of John Eastcott, since in the occupation of Agnes Harvey, next of Abraham Shepherd and now of Thomas Shearm the Elder and which premises are bounded on the South and West by the lands formerly of Samuel Lyne, Gentleman, afterwards of Thomas Ching, and now of John Ching, on the East with lands formerly of John Manning and now of the Representatives of Joseph Spettigue, deceased, and on the West* by the Broad Street Together with all buildings cellars areas courtyards wells sewers gutters drains fences ways lights waters rights easements and appurtenances And All the Estate rights title hereditaments and premises or any part of them belonging or appertaining to reputed so to belong or appertain And with the Estate right title interest claim and demand of T Shearm the Y. of in to and out of the same heredits and premises To Have & To Hold the above premises and all and singular other the premises hereby granted and conveyed or expressed and intended so to be with appurts unto T Shearm the E. etc. To the only use and behoof of T Shearm the E. etc. And T Shearm the E. etc. hereby declares that no woman becoming his wife who may become his widow shall be entitled to Dower on or out of the Premises intended to be conveyed or any part thereof respectively IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year above first written.
Thomas Shearm the Younger Thomas Shearm the Elder
Conveyance in Fee of a Dwelling house in Broad Street, Launceston. Dated 19 May 1882.
* West in document, but in fact should be North. J.E.
Original produced and examined herewith at the Union Bank, 2/4 Birley Street, Blackpool this 8th day of November 1928. Jacob Parkinson & Co. List No. 32.
Abstract of the Title of Mr James Henry Prout to freehold property situate in Broad Street in the Borough of Launceston in the County of Cornwall.
1894 September 29th. INDENTURE of this date made between Thomas Shearm of Broad Street in the Borough of Dunheved otherwise Launceston in the County of Cornwall Wine and Spirit Merchant [formally known as Thomas Shearm the Younger Brewer] and Elizabeth Shearm of Bennets in the Parish of Whitstone in the same County Spinster of the one part and James Henry Prout of Southgate Place in the said Borough of Dunheved otherwise Launceston Outfitter of the other part
Reciting by an Indenture dated the 19th day of May 1882 and made between the said Thomas Shearm [therein called Thomas Shearm the Younger] of the one part and Thomas Shearm the Elder [father of the said Thomas Shearm and Elizabeth Shearm parties [thereto] of the other part the Mansion or Dwellinghouse and hereditaments thereinafter described and intended to be thereby conveyed and their appurtenances were granted and conveyed unto and to the use of the said Thomas Shearm the father his heirs and assigns for ever
AND RECITING the said Thomas Shearm the father by his Will dated the 27th day of May 1882 after appointing his son the said Thomas Shearm [party thereto] and his daughter the said Elizabeth Shearm [thereinafter called his Trustees] Executors and Trustees of his said Will and bequeathing certain pecuniary legacies devised and bequeathed all his real and personal estate not thereby otherwise disposed of [which definition included the hereditaments intended to be thereby conveyed] unto his Trustees In Trust to convert the same into money by sale or otherwise and to divide the proceeds as therein mentioned. AND RECITING the said Thomas Shearm the father died on the 1st day of December 1893 without having revoked or altered his said Will And the same Will was on the 23rd day of December 1893 duly proved by the said Thomas Shearm party thereto and Elizabeth Shearm the Executors thereof in the Principal Registry of the Probate Division of Her Majestys High Court of Justice AND WHEREAS pursuant to the trust for that purpose contained in the aforesaid Will of the said Thomas Shearm the father the said Thomas Shearm and Elizabeth Shearm as such Trustees as aforesaid offered for sale by public auction at the White Hart Hotel in the said borough of Launceston on the 6th day of September 1894 the hereditaments intended to be thereby conveyed and at such auction the said James Hy Prout became the highest bidder for the same hereditaments and was declared and accepted as the purchaser thereof at the price of £1000.
IT WAS WITNESSED that in consideration of the sum of £1000 as purchase money to the said Thomas Shearm party thereto and Elizabeth Shearm paid by the said JH Prout on or before the execution of those presents [the receipt whereof the said Thomas Shearm party thereto and Elizabeth Shearm thereby acknowledged] the said Thomas Shearm party thereto and Elizabeth Shearm as Trustees thereby conveyed unto the said JH Prout
ALL THAT one Mansion or Dwellinghouse messuage and tenement with the appurtenances situate lying and being in a street commonly called or known by the name of Broad Street within the County of Cornwall formerly the lands of Francis Jenkyn and Sarah his wife afterwards of John Eastcott since in the occupation of Agnes Harvey then of Abraham Shepherd late of the said Thomas Shearm the father then of the said Thomas Shearm [party thereto] and which said mansion or dwellinghouse was bounded on or towards the South and East by lands formerly of Samuel Lyne Gentleman deceased afterwards of Thomas Ching and then of the representatives of John Ching deceased on or towards the North by lands formerly of John Manning afterwards of Joseph Spettigue and then of Alexander Fraser and on or towards the West by the Broad Street aforesaid
TO HOLD the said mansion or dwellinghouse messuage tenement and hereditaments and all and singular other the premises thereby conveyed or expressed so to be unto and to the use of the said James Henry Prout his heirs and assigns for ever
EXECUTED by the said Thomas Shearm [party thereto] and E Shearm and duly attested.
List No 37. [2013 – Property of Mr Richard Parish in Broad St, Launceston. J]
ABSTRACT of the Title of Mr William Derry as Trustee under the Will of John Eastcott to the Fee simple of and in A Dwellinghouse in the Broad Street of the Borough of Launceston in the County of Cornwall.
29th and 30th September 1735 BY INDENTURE of Lease and Release respectively of these dates The Release being made between Francis Jenkyn of Launceston Surgeon and Sarah Jenkyn his wife of the first part Nathaniel Carpenter Gentleman of the second part and Elizabeth Ash of Launceston aforesaid of the third part.
It Was Witnessed that for the consideration therein mentioned the said Francis Jenkyn and Sarah his wife and Nathaniel Carpenter Did give grant unto the said Elizabeth Ash in her actual profession and to her heirs and Assigns forever written Inter Alia
ALL that one Mansion or Dwellinghouse Messuage and Tenement with the Appurtenances thereunto belonging situate lying and being in a street commonly called or known by the name of the Broad Street within the said Borough of Dunheved otherwise Launceston bounded on the South and West with the lands there of Samuel Lyne Gentleman on the East with the lands of John Manning and on the North with the said street called the Broadstreet aforesaid which said premises were then formerly the Lands of Inheritance of George Sanford Apothecary deceased and then in the possession of the said Francis Jenkyn and Sarah his wife or one of them
Together with all houses To Hold the same with the Appurtenances to and to the use of the same Elizabeth Ash her heirs and Assigns forever subject to the high and chief needs thereof theretofor due and of right accustomed and also subject to a proviso whereby it was declared to be the true intent and meaning of the parties that in case the said Francis Jenkyn and Sarah his wife their Executors Administrators or Assigns shall well and truly pay or cause to be paid unto the said Elizabeth Ash her Executors Administrators or Assigns the full sum of One hundred and twenty pounds with lawful interest for the same at or upon the Twenty fifth day of December then next without fraud caveat[?] or deceit That then the said Indenture now abstracting and every Clause and Covenant therein contained should be void frustrate and to no effect or validity in the law whatsoever anything therein contained to the contrary notwithstanding
Usual Covenants for Title. Executed by all parties and properly attested.
30th September 1766: INDENTURE OF MORTGAGE of this date and made between said Sarah Jenkyn of the one part and said Elizabeth Ash of the other part being a further charge on the said premises for with the first sum One hundred and forty pounds –
22nd February 1764: said Sarah Jenkyn by her Will of this date gave and devised unto John Eastcott Son of her late Nephew Sanford Eastcott deceased –
All her said Lands and Tenements and Real Estate situate and lying and being in the Borough of Launceston aforesaid or elsewhere To Hold the same to him and his heirs forever, And constituted his the said John Eastcott whole and sole Executor of that her last Will; Executed in the presence of three Witnesses.
28th & 29th September 1773: Indentures of Lease and Release respectively of these dates the Release being made between the said Elizabeth Ash of the one part and the said John Eastcott of Launceston Surgeon of the other part –
After reciting the above abstracts Indentures of the 29th and 30th days of September 1735; and that the said Francis Jenkyn was since dead and Sarah his Widow was only become entitled to the equity of Redemption of the said premises and that the aforesaid sum of One hundred and twenty pounds still remained unpaid so hereby the legal Estate of the said premises became vested in the said Elizabeth Ash, subject in equity to be redeemed –
And reciting that upon all Account there stated between the said Elizabeth Ash the sum of One hundred and forty four pounds for principal interest –
And also reciting the said Indenture of a Mortgage bearing date the 30th September 1766 –
And also reciting the death of the said Sarah Jenkyn, and her Will as above abstracted –
And further reciting that the said Sarah Jenkyn had not paid the said Elizabeth Ash the said principal sum of One hundred and forty four pounds, not the said John Eastcott since her decease, Whereby the legal Estate of and in the said premises was become vested in the said Elizabeth Ash subject as aforesaid. And that upon an Account stated there appeared to be due to the said Elizabeth Ash, from the said John Eastcott the sum of One hundred and forty nine pounds and fifteen shillings. It Is by the now abstracting Indenture Witnessed that for the consideration therein mentioned, and of the sum of One hundred and forty nine pounds and fifteen shillings paid by the said John Eastcott to the said Elizabeth Ash; She the said Elizabeth Ash Did grant bargain sell release convey assign transfer and set over unto the said John Eastcott in his actual possession And his heirs and assigns forever Inter Alia ALL the before mentioned premises with the Appurtenances And the Reversion &c. And all the Estate &c. – Together with the above recited Deeds, and all other Deeds &c.
To Hold unto and to the use of the said John Eastcott his heirs and Assigns forever subject to high and chief needs –
Covenant from the said Elizabeth Ash that she has no incumbrances – Executed by the said Elizabeth Ash in the presence of two Witnesses –
8th November 1806: The said John Eastcott by his Will of this date executed so as to freehold Estates among and together with other hereditaments gave and devised His Dwellinghouse in Broadstreet wherein he had resided, after the death f his wife Grace Eastcott [since deceased] unto William Derry of the said Borough Tallow Chandler and his heirs –
Upon Trust and Confidence that immediately on or after the said wife’s decease as could conveniently be done He the said William Derry or his heirs should sell and dispose of ALL and singular the said premises and the fee simple and Inheritance thereof by public Survey or Auction for the most Money that could be had or gotten for the same, AND, after paying and discharging the charges and expenses of such sale to pay the clear Money thereby arising to and amongst his Nephew Sanford Eastcott and his Two Nieces his Sisters and the Son and Daughters of his late Brother the Reverend Richard Eastcott deceased, and he four Nieces the daughters of his late Sister Anne Hazard deceased, or such and so many of these his said Nephews and Nieces as should be living at the time of his death equally between them share and share alike –
1810: The said John Eastcott died without revoking or altering his said Will –
[at the foot of this document, in a modern hand, is written:
It does not appear why the Nich,s Carpenter was made Party to the Deed of 1735 Dec’d Francis Jenkyn one with or without a title{?} as in or not though how or by what Indent his wife became owner of the Property. P.C. Hockin.]
List No: 38. Abstract of the Title of Mr Richd Hamley to a Dwelling house in Lanson.
Abstract of the Title of Richd Hamley to the Fee simple of and in a Dwelling House in the Broad Street of the Borough of Launceston in the County of Cornwall.
29th & 30th September 1735 By Indenture of Lease and Release respectively of these dates, The Release being made between Francis Jenkyn of Launceston, and Sarah Jenkyn his wife of the first part, Nathaniel Carpenter, Gentleman, of the second part and Elizabeth Ash of Launceston, Widow of the third part.
It was Witnessed that for the consideration therein mentioned the said Francis Jenkyn and Sarah his wife and Nathaniel Carpenter Did give grant &c. unto the said Elizabeth Ash in her actual possession &c. and her heirs and assigns forever inter alia
All That Mansion or Dwelling house Messuage and Tenement with the Appurtenances thereunto belonging situate lying and being in a Street commonly called or known by the name of the Broad Street within the said Borough of Dunheved otherwise Launceston bounded on the South and West with the lands then of Samuel Lyne, Gentleman, on the East with the lands of John Manning and on the North with the said Street called the Broad Street aforesaid which said Premises were then formerly the lands of Inheritance of George Sanford, Apothecary, deceased and then in the possession of the said Francis Jenkyn and Sarah his wife or one of them Together with all Houses &c.
To Hold the same with the Appurtenances to and to the use of the said Elizabeth Ash her Heirs and Assigns forever [subject to the high and chief rents thereof heretofore due and of right accustomed] and also subject to a proviso whereby it was declared to be the true intent and meaning of the parties that in case the said Francis Jenkyn and Sarah his wife their Execs Admins or Assigns should well and truly pay or cause to be paid unto the said Elizabeth Ash her Execs Admins or Assigns the full sum of one hundred and twenty Pounds with lawful interest for the same at or upon the Twenty fifth day of December then next without fraud Covin or Deceit That then the said Indenture now abstracting and every Clause and Covenant therein contained should e void frustrate and of no effect or validity in the Law whatsoever any thing therein contained to the contrary notwithstanding Usual Covenants for Title
Executed by all parties and properly attested
30th September 1766 Indenture of Mortgage of the date and made between said Sarah Jenkyn, widow, of the one part and Elizabeth Ash of the other part being a further charge on the said Premises for with the first sum One hundred and forty four pounds [a] 22nd February 1764 said Sarah Jenkyn then a Widow by her W ill of this date gave and devised unto John Eastcott, son of her late Nephew Sanford Eastcott deceased All her lands and Tenements and Real Estate situate lying and being in Launceston or elsewhere To Hold the same to him and his Heirs for ever and constituted him the said John Eastcott whole and sole Executor of that her last Will Executed in the presence of three Witnesses.
28th & 29th September 1773 Indentures of Lease and Release respectively of those dates the Release being made between Elizabeth Ash of the one part and John Eastcott of Launceston, surgeon, of the other part.
After reciting the above abstract Indentures of the 29th and 30th days of September 1735 and that the said Francis Jenkyn was since dead and Sarah his Widow was only become entitled to the equity of Redemption of the Premises and that the sum of One hundred and twenty Pounds still remained unpaid whereby the legal Estate of the Premises became rested in Elizabeth Ash subject in equity to be redeemed –
And reciting that upon an Account then stated between Eliz. Ash and Sarah Jenkyn there appeared due to Elizabeth Ash £144. for Principal and Interest And Also reciting the said Indenture of Mortgage bearing date the 30th September 1766 – And Also reciting the death of Sarah Jenkyn and her Will as above abstracted –
And further reciting that Sarah Jenkyn had not paid Elizabeth Ash the Principal sum of £144 nor John Eastcott since her decease whereby the legal Estate of and in the Premises was become vested in Elizabeth Ash subject as aforesaid And that upon an Account stated there appeared to be due to Elizabeth Ash from John Eastcott the sum of £149. 15s. 0d. –
It is by the now abstracting Indenture witnessed that for the consideration therein mentioned and of the sum of £149. 15s. paid by John Eastcott to Elizabeth Ash, Elizabeth Ash Did grant bargain sell release convey assign transfer and set over unto John Eastcott in his actual possession &c. & his heirs and assigns forever inter alia ALL the before named Premises with the Appurtenances And the Reversions &c. And all the Estate &c. Together with the above recited Deeds and all other Deeds &c. To Hold unto and to the use of the said John Eastcott his heirs and assigns forever subject to the high and chief rents
Covenant from Elizabeth Ash that she had not incumbered Executed by Elizabeth Ash in the presence of these two attested witnesses.
8th November 1806 The said John Eastcott by his Will of this date executed so as to pass freehold Estates among and together with other hereditaments gave and devised his dwelling house in Broad Street wherein he then resided after the death of his wife Grace Eastcott [since deceased] unto William Derry of the said Borough, Tallow Chandler and his heirs – Upon Trust and confidence that immediately on or after his wife’s decease as could conveniently be done He William Derry or his heirs should sell and dispose of All and singular the said Premises and the fee simple Inhance thereof by public Survey of Auction for the most money than could be had or gotten for the same And after paying and discharging the charges & expences of such sale to pay the clear Money thereby arising to & amongst his Nephew Sanford Eastcott son of his late Brother George Eastcott, surgeon, deceased, & his Nephew Thomas Eastcott & his two Nieces, his Sisters, the Son & Daughters of his late Brother the Rev Richard Eastcott deceased and his four Nieces, the daughters of his late Sister Ann Hazard deceased or such and so many of them his said Nephews and Nieces as should be living at the time of his death equally between them share and share alike.
1810: The said John Eastcott died without revoking or altering his Will
28th & 29th Septr 1819: Indenture of Lease and Release of these dates the Release made between the said William Derry of the 1st part Sanford Eastcott of Haverhill in the Co of Suffolk surgeon, of the 2nd part Thomas Sanford Eastcott of Falmouth in the Co of Cornwall, Esq. of the 3rd part, Ann Eastcott of Lostwithiel in the Co of Cornwall, spinster, of the 4th part, Thos Sanford Eastcott as the Administrative of the Goods & Chattels of Susanna Eastcott his sister late of Lostwithiel, spinster, of the 5th part, William Evenis of the City of Bath, Grocer, Uriah John Strange of the same place, Grocer, the Revd Richard Grimes of Haverfordwest in the Co of Pembroke, Anne Eastcott Binns of the City of Bath, Widow, of the 6th part and Richard Helson of Broadwoodwidger in the Co of Devon, Yeoman, of the 7th part: After reciting the Will of John Eastcott & his Death to the purport and effect as the same are before abstracted – And that at the death of John Eastcott there were living Sanford East, Thos Sanford Eastcott, Ann Eastcott, and Susanna Eastcott, & the four Nieces the Daughters of Testator‘s Sister, the said Ann Hazard [that is to say] Elizabeth Worcester Hazard, Penelope Hazard, Margaret Hazard, and Ann Eastcott Binns, who were thereupon entitled to the produce of such sale in eight equal shares and proportions. And that the said Susanna Eastcott died in the year 18—intestate whereupon her 1/8th expectant share of & in the said Trust Monies and Premises became and was vested in the said Thos Sanford Eastcott & Anne Eastcott as her only next of kin and letters of Administration bearing date on or about the 18th day of June then last of the personal Estate and Effects of Susanna Eastcott had been granted by the Archdeaconry Court of Cornwall to the said Thomas Sanford Eastcott who thereby became entitled to receive the said 1/8th expectant share of Susanna Eastcott of and in the said Monies.
And That Grace Eastcott died in the Month of January then last. And That Elizabeth Worcester Hazard intermarried with William Evenis and died in the Month of July 1813 having in her lifetime made and duly published her last Will and Testament bearing date on or about the 19th of June then last whereof she appointed William Evenis Executor who duly proved the same in the prerogative Court of the Archbishop of Canterbury on or about the 3rd of July then last & thereby became and was intitled to receive the 1/8th expectant share of the said Elizabeth Worcester Hazard of and in the Monies so divided to be raised by the Will of John Eastcott. – And That Penelope Hazard intermarried with Uriah John Strange and afterwards died in the Year 1811 And the Prerogative Court of the Archbishop of Canterbury had ranted letters of Administration bearing date on or about the 2nd July then last of the personal Estate and Effects of Penelope Strange unto Uriah John Strange who thereby became intitled at Law to her said 1/8th expectant share or in the said Trust Monies.. – And That Margaret Hazard intermarried with Richard Grimes and afterwards died in the Month of March 1812 having in her lifetime duly made and published her last Will and Testament bearing date 8th November 1810 whereof she appointed Richard Grimes Executor who duly proved the same in the Prerogative Court of the Archbishop of Canterbury on or about the 10th July then last and thereby became & was intitled to receive the 1/8th expectant share of the said Margt Hazard of & in the Trust Monies.
And That the said William Derry in pursuance of the Trust reposed in him by the said recited Will did with the privity and concurrence of Sanford Eastcott, Thomas Sanford Eastcott, Ann Eastcott, William Evenis, Uriah John Strange, Richard Grimes and Ann Eastcott Binns cause Lands and other Hereditaments whereof the said John Eastcott died seised or possessed to be put up for sale by public auction at the White Hart Inn in Launceston aforesaid on Thursday 9th of March then last past in four Lots and thereupon Richard Helson was the highest bidder and was duly declared the Purchaser of the Dwelling House and other Hereditaments comprised in Lot 2 being the Dwelling House and other Hereditaments thereinafter described & intended to be thereby released at or for the price or sum of £380 and the said Sanford Eastcott, Thomas Sanford Eastcott, Ann Eastcott and William Evenis, Uriah John Strange, Richard Grimes and Ann Eastcott Binns had agreed to concur in that Indenture and to enter into the Covenants for the Title and further assurance of the Heredits so contracted to be sold. – It is Witnessed that in pursuance of the said Agreement and in Covison of the sum of £380 by the said Richard Helson to the said William Derry in had paid at or upon the execution of that Indenture the receipt whereof is hereby acknowledged. – To the William Derry at the request and by the direction of Sanford Eastcott, Thomas Sanford Eastcott, Ann Eastcott & William Evenis, Uriah John Strange, Richr Grimes & Ann Eastcott Binns testified by their executing that Indenture DID bargain sell alienate release And Sanford Eastcott, etc. Did and every of them Did release ratify and confirm unto Richard Helson [in his actual possession]] and his Heirs. ALL that one Mansion or Dwelling House, Mess. And Tenems with the Appurts thereby belonging situate lying and being in the Street within the Borough of Launceston bounded on the South and West with the lands formerly of Samuel Lyne, Gent. Then of Mr Thomas Ching on the East with the lands of John Manning and on the North with the Broad Street formerly the lands of Francis Jenkyn and Sarah his Wife, afterwards of John Eastcott and then in the possession of Agnes Harvey as Tenant – Together With all and singular Lights &c. And the Revn and Revns. &c.
And All the Estate. To Hold the same unto and to the only use and Behalf of Richard Helson his Heirs and Assigns forever, Usual Covenants for Title. Executed by all the parties [except Richard Helson] and duly attested and the Rect endorsed for the Purchase Money signed and properly attested.
2 October 1819: Indentures of Lease and Release of these dates made between Richard Helson of the one part and Mary Rowe of Cross, Broadwoodwidger, Widow of the other part. After reciting [in the Release that Richard Helson having occasion for the sum of £300 had applied to and prevailed on Mary Rowe to lend and advance the same to him which she agreed to do upon having the repayment thereof secured to her in manner thereinafter mentioned – And That Richd Helson in pursuance of the said Agreement on his part by his Bond or Obligation in Writing under his hand and seal of £600 conditioned for payment of £300 with Interest for the same at the rate of £5 per cent per Annum at or on the days or times therein for that purpose expressed.
It Is Witnessed that for better securing the repayment of the sum of £300 and the Interest they and in Conson of 10% to Rchd Helson in hand paid by Mary Rowe the receipt whereof is hereby acknowledged.
Richard Helson Did grant bargain sell alien release ratify and confirm unto Mary Rowe her heirs and assigns [in her actual possession] All That one Mansion or Dwelling House Messuages Tenements with the Appurtenances situate lying and being in a Street commonly called or known by the name of the Broad Street within the Boro of Dunheved otherwise Launceston in the Co of Cornwall bounded on the South and West with the lands formerly of Samuel Lyne, Gent. Then of Thomas Ching, on the East with the lands of John Manning, and on the North with the Broad Street aforesaid then formerly the lands of Francis Jenkyn and Sarah his wife, afterwards of John Eastcott, deceased, and then in the occupation of Agnes Harvey as Tenant thereof: Together with all and singular Lights &c. And the Revsn and Revsns &c. And all the Estate &c. To Hold the same unto – – – – – and to the use of the said Mary Rowe her heirs and assigns forever.
Upon Trust for Sale to enable Mary Rowe to repay to herself her Execs Admins and Assigns the Sum of £300 with Interest for the same at the rate of £5 for every £100 by the year in manner therein mentioned.
Covenant from Richard Helson for payment of the Sum of £300 and Interest and Usual Covenants for Title.
Executed by Richard Helson and Mary Rowe and duly attested and Receipt endorsed for the £300, signed and properly attested.
June 1820: The said Mary Rowe died intestate and without issue – for the descent of the legal Estate see Pedigree annexed.
June 1820: Administration to the Effects of the said Mary Rowe was granted by the Consistory Court of the Bishop of Exeter to Richard Cock, Launceston by the Court of – — or Appeal –
This Abstract appears to have been entitled by mistake. The Title of Richard Hamley, “since it is the Title of Richd Helson & of the Real Apportioned Representative of her late Mortgagee, Mary Rowe, the Parochial Certificate mentioned in the Margin should be had to go with the Title Deeds. Mary Rowe, named in the Pedigree, is of course Mary Rowe the late Mortgagee. On her decease intestate, and without issue, the Inheritance appears to have descended to Edward Harvey who survived her [supposing that his lineal Ancestors were all then dead] and from them it descended to his 4 Daughters – This however is upon the Supposition, that neither said Mary Rowe and Edward Harvey made a Will calculated to pass the Legal Fee.
If such be the case, the position should be evidenced in the usual way –viz by Marriage Certificate of John Harvey & Grace his wife – Certificate of Baptism of his Son John Harvey, & of his Marriage with Elizabeth his Wife – & so on down to the 4 Co-Heirs – & the same with respect to the younger branch, beginning with Roger Harvey. Some of the Co-Heirs being married a line is necessary – and it had better be levied on the Entirety. If Richard Helson has a Wife Dowable, they should join in the Fine. I do not perceive any objection to the Title. Thomas Hutchins, adminstrs. Exeter, 15 Dec 1827.
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