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