Dated 24th March 1890 Alfred Hicks and Henry Lewis Arnold Esquires ----------------------to------------------------ Mrs Elizabeth Harvey Conveyance----------------------of----------------------- freehold property situate at Newlyn in the County of ----------------Cornwall----------------- |
This Indenture made the twenty fourth day of March One thousand eight hundred and ninety Between Alfred Hicks and Henry Lewis Arnold both No 35 King Street Covent Garden in the County of Middlesex Gentlemen of the first part Susan Clarke Fulton the wife of Frederick Fulton born only of Dunedin in the provincial District of Olago in the Colony of New Zealand but now of 116 Central Hill Upper Norwood in the County of Surrey Gentleman of the second part and Elizabeth Harvey of Newlyn in the parish of Paul in the County of Cornwall Widow of the third part Whereas by an Indenture of Mortgage dated the Second day of October One thousand eight hundred and seventy nine and made between the said Susan Clarke Fulton (by her then name of Susan Clarke Lemon) of the one part and Joseph Ashton Burrow of the other part in consideration of the sum of Three hundred pounds paid by the said Joseph Ashton Burrow to the said Susan Clarke Fulton the and hereditaments hereinafter described and intended to be hereby assured were with other lands conveyed and assured by the said Susan Clarke Fulton to the use of the said Joseph Ashton Burrow his heirs and assigns subject to a proviso therein contained for the redemption of the said premises upon payment to the said Joseph Ashton Burrow his executors and administrators or assigns of the sum of Three hundred pounds with interest for the same at the rate and on the day therein mentioned This whereas the said Joseph Ashton Burrow died on the twenty first day of January One thousand eight hundred and eighty one having duly made his will dated the twenty ninth day of August One thousand eight hundred and seventy nine and appointed Anna Burrow Elizabeth Burrow Selina Burrow Alfred Ashton Burrow Elizabeth Thomas Ira Salter Fanny Carlton Burrow Executors of his said will and devised to them all estates vested in him as Trustee or by way of mortgage according to the nature and quality thereof respectively upon the trusts and subject to the equities affecting the same This whereas as the said Will was on the twelfth day of April One thousand eight hundred and eighty one duly proved by the said Elizabeth Burrow Alfred Ashton Burrow and Elizabeth Thomas in the Principal Registry of the probate Division of the High Court of Justice power being reserved to the other executors to prove the same And whereas by an Indenture dated the twenty third day of June One thousand eight hundred and eighty four and made between the said Elizabeth Burrow Alfred Ashton Burrow and Elizabeth Thomas of the one part and the said Susan Clarke Fulton (by her then name of Susan Clarke Lemon) of the other part the Freehold Pier called Newlyn Pier situate at Newlyn in the parish of St Paul in the County of Cornwall (being part of the hereditaments comprised in the said Indentures of the second day of October One thousand eight hundred and seventy nine with the appurtenances except and |
reserving thereon certain rights of way casements and other rights therein particularly mentioned were conveyed by the said Elizabeth Burrow Alfred Ashton Burrow and Elizabeth Thomas unto the said Susan Clarke Fulton and her heirs freed and discharged from the said mortgage debt of Three hundred pounds and interest due and to become due under the said Indenture of the second day of October One thousand eight hundred and seventy nine and from all rights powers and remedies for enforcing payment thereof To the use that the said Elizabeth Burrow Alfred Ashton Burrow and Elizabeth Thomas might have for an estate in fee simple the rights of way casements and other rights therein before expressed to be thereby reserved And to the further use and intent to confirm the same rights of way casements and other rights and subject thereto To the use of the said Susan Clarke Fulton and her heirs in fee simple This whereas shortly after the execution of the lastly hereinbefore recited Indenture the hereditaments therein comprised were sold by the said Susan Clarke Fulton and conveyed by her to the purchaser thereof subject nevertheless to the casements by the last mentioned Indenture reserved or limited in use This whereas by an Indenture dated the Second day of October One thousand eight hundred and eighty four and made between the said Elizabeth Burrow Alfred Ashton Burrow and Elizabeth Thomas of the one part and Henry David Bicknell of the other part after reciting that there was then due from the said Susan Clarke Fulton to the said Elizabeth Burrow Alfred Ashton Burrow and Elizabeth Thomas the principal sum of Three hundred pounds but that all interest had been paid It was by the Indenture now in recital witnessed that in consideration of Three hundred pounds paid by the said Henry David Bicknell to the said Elizabeth Burrow Alfred Ashton Burrow and Elizabeth Thomas the said Elizabeth Burrow Alfred Ashton Burrow and Elizabeth Thomas did assign the said sum of Three hundred pounds and the interest due and thenceforth to become due for the same unto the said Henry David Bicknell And by the Indenture now in recital it was further witnessed that the said Elizabeth Burrow Alfred Ashton Burrow and Elizabeth Thomas did grant the hereditaments and premises comprised in or which by any means had become subject to the said Indenture of mortgage of the second day of October One thousand eight hundred and seventy nine save and except the hereditaments released and reconveyed as aforesaid by the said Indenture of the twenty third day of June One thousand eight hundred and eighty four but nevertheless with the rights casements and advantages by the last mentioned Indenture reserved To hold the same unto and to the use of the said Henry David Bicknell his heirs and assigns subject to such equity of redemption as the said premises were then subject to by virtue of the said Indentures of the Second day of October One thousand eight hundred and seventy nine and the twenty |
third day of June One thousand eight hundred and eighty four or either of them This whereas by an Indenture dated the Nineteenth day of August One thousand eight hundred and eighty five and made between the said Henry David Bicknell of the one part and Philip Meadows Martineau and William Thomas Greenhow of the other part and supplemental and annexed to the said Indenture of Transfer of mortgage of the second day of October One thousand eight hundred and eighty four after reciting that the principal sum of Three hundred pounds secured by the said Indentures of the Second day of October One thousand eight hundred and seventy nine the twenty third day of June One thousand eight hundred and eighty four and the second day of October One thousand eight hundred and eighty four remained owing to the said Henry David Bicknell but that all interest for the same had been paid up to the date of the Indenture now in recital It was witnessed that in consideration of Three hundred pounds to the said Henry Davis Bicknell paid by the said Philip Meadows Martineau and William Thomas Greenhow the said Henry David Bicknell assigned unto them the said principal sum of three hundred pounds and all interest thenceforth to become due thereon and the full benefit of all securities for the same And by the Indenture now in recital it was further witnessed that for the consideration aforesaid the said Henry David Bicknell thereby conveyed unto the said Philip Meadows Martineau and William Thomas Greenhow All the hereditaments rights casements and premises comprised in the said thereinbefore written Indenture or which had by any means become subject thereto To hold the same unto the said Philip meadows Martineau and William Thomas Greenhow in fee simple subject to such right or equity of redemption as was then subsisting in the said premises under or by virtue of the said Indentures of the second day of October One thousand eight hundred and seventy nine and the twenty third day of June One thousand eight hundred and eighty four or either of them This whereas by an Indenture dated the twenty eighth day of November One thousand eight hundred and eighty five and made between the said Frederick Fulton of the first part the said Susan Clarke Fulton of the second part and the said Alfred Hicks and Henry Lewis Arnold of the third part (in pursuance of an agreement entered into previously and in contemplation of the marriage then intended and shortly afterwards solemnized between the said Frederick Fulton and the said Susan Clarke Fulton) the hereditaments hereinafter described and intended to be hereby assured were with other hereditaments conveyed by the said Frederick Fulton and Susan Clarke Fulton his wife unto and to the use of the said Alfred Hicks and Henry Lewis Arnold their heirs and assigns Upon trust with the consent in writing of the said Susan Clarke Fulton during her life to sell the said premises either subject to the above mentioned incumbrance or freed and discharged therefrom and to |
hold the net proceeds of sale upon trust to pay and satisfy all moneys for the time being due on the said Indenture of the second day of October One thousand eight hundred and seventy nine and subject thereto upon the trusts in the Indenture now in recital mentioned And whereas by an Indenture dated the twenty first day of October One thousand eight hundred and eighty seven and made between the said Philip Meadows Martineau and William Thomas Greenhow of the one part and Henry Prankerd Jillard of the other part and being supplemental and annexed to the said Indentures of the second day of October One thousand eight hundred and eighty four and the nineteenth day of August One thousand eight hundred and eighty five after reciting that the principal sum of Three hundred pounds secured by the thereinbefore written Indentures of Transfer of mortgage and by the said Indentures of the second day of October One thousand eight hundred and seventy nine and the twenty third day of June One thousand eight hundred and eight four remained owing to the said Philip Meadows Martineau and William Thomas Greenhow together with the current interest thereon And that the said Henry Prankerd Jillard had then become entitled to the said principal sum of Three hundred pounds. It was by the Indenture now in recital witnessed that the said Philip Meadows Martineau and William Thomas Greenhow thereby assigned unto the said Henry Prankerd Jillard the principal sum of Three hundred secured by the said thereinbefore written Indentures and by the said Indentures of the second day of October One thousand eight hundred and seventy nine and the twenty third day of June One thousand eight hundred and eighty four and all interest then due and thenceforth to become due thereon and the full benefit of all securities for the same And by the Indenture now in recital it was also witnessed that for the consideration aforesaid the said Philip Meadows Martineau and William Thomas Greenhow thereby conveyed unto the said Henry Prankerd Jillard All the lands hereditaments casements and premises comprised in the thereinbefore written Indentures or which had by any means become subject thereto To hold the same unto and To the use of the said Henry Prankerd Jillard in fee simple subject to such right or equity of redemption as was then subsisting in the said premises under or by virtue of the said Indentures of the second day of October One thousand eight hundred and seventy nine and the |
twenty third day of June One thousand eight hundred and eighty four or either of them And whereas by an Indenture dated the twenty second day of March One thousand eight hundred and ninety and made between the said Henry Prankerd Jillard of the one part and the said Alfred Hicks and Henry Lewis Arnold of the other part in consideration of the sum of Three hundred pounds paid to the said Henry Philip Jillard by the said Alfred Hicks and Henry Lewis Arnold (out of moneys in their hands as Trustees of the said Indenture of the twenty eighth day of November One thousand eight hundred and eighty five) the said Henry Philip Jillard granted and conveyed the hereditaments and premises comprised in the said Indenture of Mortgage of the second day of October One thousand eight hundred and seventy nine except such parts thereof as were comprised in and conveyed by the said Indenture of the twenty third day of June One thousand eight hundred and eighty four And also but by way of conveyance and not of exception the full benefit of the rights casements and advantages of the last mentioned Indenture reserved or granted And all other (if any) the hereditaments which by any means were then vested in the said Henry Prankerd Jillard subject to redemption under or by virtue of the said Indenture of the second day of October One thousand eight hundred and seventy nine To hold the same unto and to the use of the said Alfred Hicks and Henry Lewis Arnold in fee simple freed and discharged from the said mortgage debt of three hundred pounds and the interest thereon and other monies secured by the last mentioned Indenture but nevertheless upon the trusts declared by the said Indenture of Settlement of the twenty eighth day of November One thousand eight hundred and eighty five And whereas the said Alfred Hicks and Henry Lewis Arnold have (with the consent of the said Susan Clarke Fulton testified by her being a party to and executing these presents) agreed with the said Elizabeth Harvey for the sale to her for the sum of Two hundred and twenty pounds of the fee simple in possession free from incumbrance of the hereditaments hereinafter described and intended to be hereby assured Now this Indenture Witnesses that in pursuance of the said agreement in this behalf And in consideration of the sum of Two hundred and twenty pounds upon the execution of these presents paid by the said Elizabeth Harvey to the said Alfred Hicks and Henry Lewis Arnold (the receipt whereof the said Alfred Hicks and Henry Lewis Arnold do hereby acknowledge) the said Alfred Hicks and Henry Lewis Arnold as Trustees do and each of them as a trustee doth with the consent of the said Susan Clarke Fulton |
testified by her executing these presents hereby grant and convey unto the said Elizabeth Harvey her heirs and assigns All that freehold cellar situate near the Old pier at Newlyn in the County of Cornwall and now in the occupation of John Trahair Which premises form part of the premises comprised in the said Indenture of the twenty eighth day of November One thousand eight hundred and eighty five. Together with the full benefit of the rights casements and privileges reserved by the said Indenture of the twenty third day of June One thousand eight hundred and eighty four so far as the same relate to the hereditaments hereby assured To hold all the premises hereby assured unto and To the use of the said Elizabeth Harvey her heirs and assigns in fee simple And the said Alfred Hicks and Henry Lewis Arnold do and each of them doth hereby acknowledge the right of the said Elizabeth Harvey to the production and delivery not only of the Indentures hereinbefore recited other than the said Indenture of the twenty third day of June One thousand eight hundred and eighty four but also of such of the documents (not being masters of records referred to in all or any of the said Indentures (other than as aforesaid / as are now in the possession of the said Alfred Hicks and Henry Lewis Arnold Idn Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written. Signed Sealed and Delivered by the before named Alfred Hicks and Henry Lewis Arnold and Susan Clarke Fulton in the presence of George H. Gibbs Clerk to Messrs Alfred Hicks and Arnold 35 King Street Covent Garden Solicitors |