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Copy Deed of Settlement of Great Wood Farm, Mylor                30 May 1822

1) Joseph Fox of Wood Cottage Mylor, Esquire, Doctor in Physic

2a) Robert Were Fox of Falmouth Cornwall, Esquire

2b) Alfred Fox of Falmouth, Esquire

Messuages and lands known as Great Wood or Restrongett Great Wood, late Upton's Tenement in Mylor, part of the Manor of Restrongett, upon trusts

 

This Indenture made the 30th day of May 1822 between Joseph Fox of Wood Cottage Mylor, Esq. Doctor in physic of the one part and Robert Were Fox and Alfred Fox of Falmouth Cornwall Esquires of the other part.

Whereas by a certain Indenture of Lease dated 30 December 1789 between Sir William Lemon of Carclew Cornwall, Baronet of the one part and John Tresidder then or then late of Mylor, Gentleman of the other part for the consideration therein mentioned. Sir William Lemon did demise, lease, grant and to farm let unto the said John Tresidder All those messuages, lands, tenements and premises with their and every of their appurtenances commonly called or known by several names of Great Wood, Restrongett Great Wood and of late Upton's Tenement, Mylor and therein described as being part and parcel of the Manor of Restrongett theretofore in the tenure or possession of Hudson Upton afterwards of Richard Tresidder father of John Tresidder and then late of the said John Tresidder Together with Common of Pasture in and upon Gowse and Restrongett Downs until the same should happen to be enclosed, except as in the Indenture of Lease is excepted. To Hold unto the said John Tresidder, his executors, administrators and assigns for the term of 99 years if Richard Tresidder, brother of said John Tresidder should long live, the said term to commence immediately after the death of John Tresidder and Avis Jeffery, both of whom since died and under yearly rent and other the payments thereby received and subject to the covenants, conditions and agreements on the Tenants or Lessee's part contained. And Whereas by certain other Indenture of Lease 10 July 1802 between Sir William Lemon of the one part and said John Tresidder of the other part, Sir William Lemon for consideration therein mentioned did demise, lease, grant and to farm let unto the said John Tresidder. All those land, tenements and messuages and premises mentioned and comprised in the said part recited Indenture of Lease and thereby demised and granted to the said John Tresidder his executors, administrators and assigns for 99 years if Peter Hunger Tresidder should long live the said term to commence and begin from and immediately after the deaths of John and Richard Tresidder at or under the yearly rents and other payment.........

......And Whereas by virtue of divers mesue assignments and assurances and other of the Law the said messuages Tenements and Premises mentioned and comprised in the said several parts recited Indentures of lease are become vested in the said Joseph Fox His executors, administrators and assigns for the residues and remainders yet to come and unexpired of the said several terms of 99 years determinable as aforesaid. And Whereas by one other Indenture of Lease 31 March 1821 between Sir William Lemon of the one part and Joseph Fox of the other part for the consideration therein expressed All those Messuages, Lands, Tenements and Premises with their and every of their appurtenances called or commonly known as Great Wood otherwise Restrongett Great Wood and of late Upton's Tenement and all other premises mentioned in and demised by said two first in part recited Indenture of Lease with the appurtenances were demised to Joseph Fox, his executors, administrators and assigns for 99 commencing and immediately after the several deaths of Richard Tresidder and Peter Unger Tresidder or the surrender of forfeiture or other determination of the 2 first hereinafter in part recited Indentures of lease and determinable on the death of Emily Fox daughter of the said Joseph Fox, then aged about 29 years. And Whereas the said Joseph Fox is desired that the said Leasehold, Messuages, Lands, Tenements and Premises should be vested in Trustees upon the Trust herein after declared of or concerning the same. Now this Indenture witnesseth that for effectuating such desire and in consideration of the sum of 10 shillings to Joseph Fox by Robert Were Fox and Alfred Fox in hand paid on or immediately before the execution of these presents He the said Joseph Fox hath bargained, sold, assigned, transferred and let over and by these presents doth bargain, sell, assign, transfer and let over unto Robert Were Fox and Alfred Fox their executors, administrators and assigns All and singular Great Wood, otherwise Restrongett Great Wood and Upton's Tenement, Mylor and all other Premises comprehended in and demised by the said several in part recited Indentures of Lease with their rights members and appurtenances and all the estate, right, title, interest, term and terms of years yet to come and unexpired property, benefit, claim and demand whatsoever both of law and in equity of Joseph Fox unto or upon the said Messuages, Lands, Tenements and Premises hereby assigned or intended so to be or any part thereof Together with the said several in part recited Indentures of Lease and all benefit and advantage thereof respectively to have and to hold the said Leasehold, Messuages, Lands, Tenements and Premises hereby assigned or intended so to be with the appurtenances (but subject to the rents, covenants, conditions and agreements in the said several in part recited Indentures of lease reserved and retained respectively) unto Roberts Were Fox and Alfred Fox their executors administrators and assigns during all the residue and remainder, residues and remainders now to come and unexpired of the several said terms of 99 years granted by the said several in part recited Indentures of Lease determinable as aforesaid. But nevertheless less upon Trusts following that is to say Upon Trust to permit and suffer the said Joseph Fox and his assigns to receive and take the yearly rents, issues and profits of the said Leasehold Messuages, Lands, Tenements and Premises and to occupy, possess and enjoy the same during his life and after his death Upon Trust to permit Elizabeth the wife of the said Joseph Fox and her assigns to receive and take the yearly rents, issues and profits of the said Leasehold Messuages, Lands, Tenements and Premises and to occupy, possess and enjoy the same during her life and immediately after the deaths of Joseph Fox and Elizabeth his wife Upon Trust to permit and suffer Emily Fox the natural daughter of Joseph Fox and her assigns to receive and take the rents, issues and profits of the said Leasehold, Messuages, lands, Tenements and Premises for the term of 12 months and immediately after expiration thereof in case Emily Fox shall have paid Mary James and Sophia James commonly called Mary James Fox and Sophia James Fox, the natural daughters of Joseph Fox the sum of £1200 by two equal payments of £600 to each or £1200 to the survivor if one of them shall be dead. Then Upon Trust Emily Fox her executors administrators and assigns for her and their absolute benefit BUT if the £1200 is not paid then Emily Fox Mary James Fox and Sophia James Fox or to the survivor in the manner aforesaid within 12 months of the decease of Joseph Fox and Elizabeth Fox and the decease of the survivor of them or if Emily Fox dies without leaving lawful issue and without having disposed of, assigned or bequeathed the said several Messuages, Lands, Tenements and Premises then and in either of these cases the Leasehold Messuages, Lands, Tenements and Premised shall remain in trust for Mary James Fox and Sophia James Fox as tenants in common and not as joint tenants and for their respective executors, administrators and assigns for their absolute benefit. And it is hereby declared and agreed that the several Messuages, Lands, Tenements and Premises shall be held and enjoyed by them the said Emily Fox, Mary James Fox and Sophia James Fox or such of them as shall for the time being be entitled thereto for their and her sole and separate use and benefit and that the same and any part thereof shall not at anytime or in any manner or event be subject or liable to the debts, control, power, management, forfeiture or engagements of their or any of their husbands and that the receipt and receipts alone of such of them the said Emily Fox, Mary James Fox and Sophia James Fox as shall for the time being be entitled to the said several Messuages, Lands, Tenements and Premises shall be sufficient discharges fort he rents and profits thereof Ann it is hereby agreed by and between the said Parties to these presents that the said Robert Were Fox and Alfred Fox shall not be chargeable the one for the other of them but each of them only for his own separate acts receipts and wilful defaults nor for any loss which may happen except through their wilful defaults respectively and that they and each of them may retain out of any money which may come to their hands respectively all such costs, charges and expenses as they or either of them by reason of the execution of all any or either of the trust hereby in them reposed.

 

In Witness whereof the parties aforesaid to these presents their hands and seals have set this day and year first written above

AF                    Rob W Fox                Joseph Fox

 

Signed sealed and delivered having been first duly stamped (by RWF and AF)

Signed: John Uren Junior, Clerk to Mr Richards Attorney at Law, Penryn

Signed sealed and delivered by Joseph Fox in presence of William Richards of Penryn Attorney at Law

 

1833 November 7 We have examined and compared this and the four preceding sheets with the original and declare them to be a true copy witness our hand

Rob. Davy Mitchell  Solicitor Penryn    EO Tregaskis Junior of the same place Clerk to Mt Mitchell

 

Maybe these are the solicitors in Cornwall that Joseph Fox did his business through, before he went to Plymouth and engaged the services of John and Robert Bayly. It also seems possible through the addresses given in the Leases to trace the movements of and that dates of the movements of Joseph Fox.

 

 

 

 

 

 

 

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