Transcripts of EN/108: Assignment of lands after the death of John Enys, 1802


EN/108
Assignment of lands in St Agnes, Gwennap, Kea, Kenwyn, Perranzabuloe and Truro

Parties:
1) Executors of John Enys deceased
2) Francis Enys, esquire, of Enys.

Assignment and counterparts by executors of John Enys to Francis Enys his residuary legatee, of a leasehold messuage in occupation Charles Danbuz and John Lander in Truro [Duchy and other estates 3], tin bounds in St Agnes, Perranzabuloe, Kea, Kenwyn and Gwennap and an adit dish from certain tin bounds in St Agnes, Wheal Trevaunance mine adventure in St Agnes, and residue of his personal estate.

EN/108/1
Dated 23rd March 1807
Transcribed by Neil Roberts December/January 2010/2011
Assignment of the remainder of the personal estate of J. ENYS deceased
This Indenture made the twenty third day of March in the forty seventh 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 seven BETWEEN John Trueman VILLEBOIS of Preston Candover in the County of Southampton Esquire and Hannibal SANDYS of Crane Court, Fleet Street in the City of London Gentleman the executor named and appointed in and by the last will and testament of John ENYS late of ENYS in the County of Cornwall Esquire deceased of the one part and Francis ENYS aforesaid esquire/the devise and residuary legatee of the said ENYS deceased/of the other part.
Whereas the said John ENYS in this lifetime and at the time of his decease was also possessed of the remainder of a term of nine hundred and ninety nine years in a reclaim dwelling house and premises called the Landry tenement situated in the Borough of Truro in the said County of Cornwall. hereinafter more particularly described and also of diverse Tin bounds and parts  and the shares in Tin bounds situate in the several parishes of St Agnes, Perranzabuloe, Kenwyn, Kea and Gwennap or elsewhere in the said County of Cornwall and also of a reclaim profit called an adit dish issuing out of and arising from reclaim Tin bounds situate in the said parish of St Agnes and also of and in a reclaim Tin mine or Adventure called or known by the name of Wheal Trevaunance situate in the said parish of St Agnes and also of all and singular the monies, goods, chattels and personal estate and effects hereinafter assigned.
And Whereas  the said John ENYS by his last will and testament bearing date or on or about the twenty fourth day of April one thousand eight hundred and two duly made and executed for the passing of freehold estate after the several specific legacies hereby given and bequeathed gave devised and bequeathed all and singular his freehold copyhold and leasehold and chattels monies messuages forms tenements hereditaments and estate and also all his monies goods chattels and personal estate and effects whatsoever and wheresoever/subject to the payment of the aforesaid legacies and of his debts and funeral  and testamentary expends unto his child or children if any living at his decease and born in one afterwards and his, her or their respective heirs executors assigned and assigned equally to be divided between or amongst them if more than one share and shares alike and in case there should not be any such child/ then he gave, devised and bequeathed the same and every part thereof unto his uncle the said Francis ENYS his heirs, executors, administrators and  assigned.
And Whereas  the said John ENYS the estate departed the life on or about the eleventh day of October one thousand eight hundred and two without leaving any child or children either living at his decease or born since his decease and without having revoked or in any way altered his said will or the gifts legacies devised or bequests hereby given and bequeathed and the said John Trueman VILLEBOIS and Hannibal SANDYS the executors appointed by the said John ENYS by his said will having undertaken the executorship there of have duly proved the same in the prerogative court of the Archbishop of Canterbury,
And Whereas the several gifts, legacies and bequests in and by the said will given and bequeathed have been fully paid to the legatees or Trustees appointed to reclaim the same and all the debts due and owing from the estate of the said John ENYS together with the testamentary funeral and all other charges and expenses attached thereon have been fully paid, satisfied and discharged and the whole of the trusts created in and by the said will and all things belonging to the executorship thereof have been fully and completely executed and performed by the said John Trueman VILLIBOIS and Hannibal SANDYS, as such executors as aforesaid.
And Whereas the said Francis ENYS as the devisee and residuary legatee of the said John ENYS hath applied to and requested the said John Trueman VILLIBOIS and Hannibal SANDYS  as true executors as aforesaid to assign to him the said Francis ENYS the said several premises hereinafter mentioned and also all the residue of the goods chattels estate and personal effects and estate of the said John ENYS deceased now in their hands and possessions to which application and request the said John Trueman VILLEBOIS and Hannibal SANDYS have consented and agreed.
Now The Indenture Witnesseth that in the pursuant of the request of the said Francis ENYS and also in consideration of the sum of five shillings of lawful money of Great Britain by the said Francis ENYS to the said John Trueman VILLEBOIS and Hannibal SANDYS in hand and truly paid at or before the sealing and delivery of this indenture / script whereof they the said John Trueman VILLEBOIS and Hannibal SANDYS do thereby respectfully authorise / They the said John Trueman VILLEBOIS and Hannibal SANDYS have and care of them. Hath assigned transferred released and set over and by this indenture.
Do and care of them and Doth assign transfer release and set over unto the said Francis ENYS his executors and administrators and assigned All that the said messuage tenement or dwelling house and premises situate lying and being in the borough of Truro aforesaid now in the respective occupation of Lewis Charles DAUBEZ esquire and John LANDER as tenants therefore and which said dwelling house and premises are held for a term of nine hundred and ninety nine years under the Mayor and Burgees of the said Borough of Truro and also all those several Tin bounds parts and shares in Tin bounds situate lying and being in the several parishes of St Agnes, Perranzabuloe, Kenwyn, Kea and Gwennap aforesaid or elsewhere in the said county of Cornwall and also that dish or profit commonly called or known by the name of an adit issuing and  out of and from reclaim Tin Bounds situate lying and being in the parish of St Agnes aforesaid and also all that mine or mine adventure commonly called or known by the name of Wheal Trevaunance situate lying  and being in the said parish of St Agnes and also the rest residue and remainder of all the goods chattels plate linen china debts and securities for mining personal estate and effects whatsoever of the said John ENYS now remaining in their or either of their hands custody or possession or to which they are entitled as executors of the will of the said John ENYS deceased.
To Have and to Hold the said messuage or dwelling house and premises hereinbefore assigned and intended to be hereby assigned and confirmed with their and every of their rights members and appurtenances unto the said Francis ENYS his executors assigned and assigned from the date thereof for and during all the rest residue and remainder now to come and unexpired of the term year of nine hundred and ninety nine years.
And To Have and Hold the said several Tin Bounds adit dish arising out of and from reclaim other tin bounds and the said mine adventure called Wheal Trevaunance herein before described and intended to be hereby assigned and confirmed with their and every of their rights members and appurtenances unto the said Francis ENYS his executors administrators and assigned according to the custom of the Stannaries of Cornwall. And To Have hold receive and take all and singular the said monies goods chattels plate linen china and personal estate and effects whatsoever now remaining in the hands or possession of the said John Trumen VILLEBOIS and Hannibal SANDYS as the executors of the will of the said John ENYS deceased unto the said Francis ENYS his executors administrators and assigned from henceforth as and for the proper monies goods chattels and personal estate and effects of hime the said Francis ENYS. AND each of them the said John Trueman VILLEBOIS and Hannibal SANDYS separately and a part from the other of them and as recovering only his own separate acts deeds and defaults doth hereby too himself his executors administrators covenant promise and agree with and to the said Francis ENYS his executors administrators and assigned in manner following that is to say that they the said John Trueman VILLEBOIS and Hannibal SANDYS nor either of them have not nor hath at any time or times hereinbefore made some committed occasioned or suffered any act matter charge or things whatsoever whereby the said messuage or dwelling house Tin bounds parts and shares in tin bounds adit dish and mine adventure or any or either of them or any part thereof then shall or may be impaired charged or incumbered in title estate or otherwise howsoever.  
And This Indenture Further Witnesseth that the said John Trueman VILLEBOIS and Hannibal SANDYS in consideration of the further sum of five shillings to them in hand paid by the said Francis ENYS hath nominated and appointed him the said Francis ENYS their time and lawful attorney for their and in their names but to his own use to fall in have take and receive all sum and sums of money debts and securities for money rents and arrears of rents dues and services whatsoever that were  outstanding and due unto the said John ENYS at the time of his decease and that are due and outstanding and for that purpose in their names to bring actions and to use all other legal means for the recovery and receiving thereof he the said Francis ENYS indemnify from the said John Trueman VILLEBOIS and Hannibal SANDYS from all loss costs damages and expenses that may attend the recovery recovering and collecting in the same.  
 And this Indenture Further Witnesseth that in consideration of the assignment by the said John Trueman VILLEBOIS and Hannibal SANDYS hereinbefore routine by the said Francis ENYS doth hereby release and quit claim unto the said John Trueman VILLEBOIS and Hannibal SANDYS and both of them and their respective heirs executors administrators and assigned all and all manner of action and actions suit and suite cause and causes of action and suit payments amounts earnings debts and duties mains or demands whatsoever which the said Francis ENYS his heirs and executors administrators and assigned or any of them now hath or ran or may hereafter have against the said John Trueman VILLEBOIS and Hannibal SANDYS or either of them or their respective heirs executors and administrators and assigned or any of them for or an amount of their executorship aforesaid in any way howsoever. AND the said Francis ENYS doth hereby for himself his heirs executors and administrators covenant and agree with the said John Trueman VILLEBOIS and Hannibal SANDYS, their executors administrators and assigned that he the said Francis ENYS his heirs executors administrators and assigned same or one of them shall and will at all times hereafter indemnify and save themselves the said John Trueman VILLEBOIS and Hannibal SANDYS and each of them and their respective heirs executors administrators and assigned and every one of from and against all payments costs losses charges damages and expenses whatsoever to be at any time or times hereafter made injured sustained or born by the said John Trueman VILLEBOIS and Hannibal SANDYS or either of them or their respective heirs executors administrators and assigned or any of them by reason or in convergence of their said executorship or in any manner thereto.
In Witness whereof the parties above named have hereunto respectively set their hands and sealed the day and year first above written. Signed by VILLEBOIS, SANDYS and ENYS

 EN/108/2

Assignment of the remainder of the personal estate of ENYS Esquire

Dated 23rd March 1807

“This Indenture made the twenty third day of March in the forty seventh 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
seven. Between John Trueman VILLEBOIS of Preston over Candover in the County of Southampton
Esquire and Hannibal SANDYS of Crane Court Fleet Street in the city of London, Gentleman the
executors named and appointed in and by the last will and testament of John ENYS late of ENYS in
the County of Cornwall Esquire deceased / of the one part and Francis ENYS of Enys aforesaid
Esquire the devise and residual legatee of the said John ENYS /deceased of the other part.
Whereas the said John ENYS in his lifetime and at the time of his decease now duly possessed of
the remainder of a sum of nine hundred and ninety nine years in a reclaim dwelling house and
premises called the SANDYS tenement situate in the borough of Truro in the said County of
Cornwall/ hereinafter more particularly described / and also of devise tin bounds and parts and
shares in Tin Bounds situate in the several parishes of St Agnes, Perranzabuloe, Kenwyn, Kea and
Gwennap or elsewhere in the county of Cornwall and also of a reclaim profit called on adit doth
issuing out of and arising from reclaim Tin bounds situate in the said parish of Saint Agnes and also
of and in a reclaim Tin mine or adventure called or known by the name of Wheal Trevaunance
situate in the said parish of Saint Agnes and also of all and singular the monies goods chattels and
personal estate and affects hereinafter assigned.
And Whereas the said John ENYS by his last will and testament bearing date on or about the
twenty fourth day of April one thousand eight hundred and two only made and executed for the
passing of freehold estate after the several specific legacies hereby given and bequeathed gave
devised and bequeathed all and singular his freehold copy hold and leasehold and chattels monies
messuage farm tenement and hereditament and estates and also all his monies goods chattels and
personal estate and effects whatsoever and wheresoever subject to the payment of the aforesaid
legacies and of his debts and funeral and testamentary expenses unto his child or children if any
living on his decease and born in one time afterward and his heir or their respective heirs
executors assign and assigned equally to be divided between or amongst them if more than one
share and share alike and in case there should not be any such child then he gave devised and
bequeathed the same and every part thereof unto his charge the said Francis ENYS his heirs
executors assignors or assigned.
And Whereas the said John ENYS the testator departed this life on or about the eleventh day of
October one thousand eight hundred and two without leaving any child or children either living at
his decease or born since his decease and without having revoked or in anywise altered his said
will or the gifts legacies devised of bequests thereby given and bequeathed and the said John
Trueman VILLEBOIS and Hannibal SANDYS the executors appointed by the said John ENYS by his
said will having undertaken the executorship thereof have only proved the same in the Prerogative
Court of the Archbishop of Canterbury.
And Whereas the several gifts legacies and bequests in and by the said will given and bequeathed
have been fully paid to the legatees or trustees appointed to receive the same and all the debts
out and owing from the estate of the said John ENYS together with the testamentary funeral and
all other charged and expenses attendant thereon have been fully paid or satisfied and discharged
and the whole of the trusts in and created by the said will and all things belonging to the
executorship thereof have been fully and completely executed and performed by the said John
Trueman VILLEBOIS and Hannibal SANDYS as with executors as aforesaid. And Whereas the said
Francis ENYS as the devise and residuary legatee of the said John ENYS hath applied to and
requested the said John Trueman VILLEBOIS and Hannibal SANDYS as said executors as aforesaid
to assign to him the said Francis ENYS the said several premises hereinbefore mentioned and also
all the residue of the goods chattels estate and personal effects and estate of the said John ENYS
deceased now in their hands or possessions to which application and request the said John
Trueman VILLEBOIS and Hannibal SANDYS have executed and agreed.
Now This Indenture Witnesseth that in pursuance of the request of the said Francis ENYS and also
in consideration of the sum of five shillings of lawful money of Great Britain by the said Francis
ENYS to the said John Trueman VILLEBOIS and Hannibal SANDYS in hand well and truly paid out or
before the sealing and delivery of this indenture the receipt whereof they the said John Trueman
VILLEBOIS and Hannibal SANDYS do hereby respectively acknowledge. They the said John Trueman
VILLEBOIS and Hannibal SANDYS Have both of then hath assigned transferred released and set
over and by this indenture Do and each of them Doth assign transfer release and set over unto the
said Francis ENYS his executors assigns and assigned All that said messuage tenement or dwelling
house and premises situate lying and being in the Borough of Truro aforesaid now in the
respective occupation of Lewis Charles DAUBUZ Esquire and John LANDER as tenants thereof and
which said dwelling house and premises are held for a term of nine hundred and ninety nine years
under the Mayor and Burgesses of the said Borough of Truro and also all those several tin bounds
parts and shares in tin bounds situate lying and being in the several parishes of Saint Agnes,
Perranzabuloe, Kenwyn, Kea and Gwennap aforesaid or elsewhere in the said county of Cornwall
and also all that doth or profit commonly called or known by the name of an adit doth issuing and
arising out of and from reclaim tin bounds situate lying and being in the parish of Saint Agnes
aforesaid and also that mine or mine adventure commonly called or known by the name of Wheal
Trevaunance situate lying and being in the said parish of Saint Agnes and also all the rest residue
and remainder of all the goods chattels plate linen china debts and securities for money personal
estate and effects. Whatsoever of the said John ENYS now remaining in their or either of their
assigned custody or possession unto which they are entitled as executors of the will of the said
John ENYS deceased
To Have and To Hold the said messuage or dwelling house and premises hereinbefore described
and intended to be hereby assigned and confirmed with their and every of their rights members
and appurtenances unto the said Francis ENYS his execution assign and assigned from the date
thereof for and during all the rest residue and remainder now to come and unexpired of the said
term of nine hundred and ninety nine years. And To Have and To Hold the said several Tin bounds
parts and of shares Tin bounds adit doth arising out and from reclaim other Tin bounds and the
said mine adventure called Wheal Trevaunance thereinbefore described and intended to be
hereby assigned and confirmed with their and every of their rights members and appurtenances
unto the said Francis ENYS his executors administrators and assigned according to the customs of
the Stannaries of Cornwall.
And To Have Hold receive and take all and singular the said monies goods chattels plate linen
china and personal estate and effects whatsoever now remaining in the hands or possession of the
said John Trueman VILLEBOIS and Hannibal SANDYS as the executors of the will of the said John
ENYS deceased unto the said Francis ENYS his executors administrators and assigned from
henceforth and for the proper monies goods chattels and personal estate and effects of him the
said Francis ENYS AND each of them the said John Trueman VILLEBOIS and Hannibal SANDYS
separately and apart from the other of them and as recovering only his own separate acts deeds
and defaults doth hereby for himself his executors administrators covenant promise and agree
with and to the said Francis ENYS his executors assign and assigned in manner following that is to
say that they the said John Trueman VILLEBOIS and Hannibal SANDYS nor either of them hath not
nor hath at any time or times therefore made some committed occasioned or suffered any act
matter charge or thing whatsoever whereby the said messuage or dwelling house tin bounds parts
and shares in Tin bounds adit dish and mine adventure or any or either of them or any part
thereof can shall or may be impeached charged or incumbered in file estate or otherwise
howsoever.
And This Indenture Further Witnesseth that the said John Trueman VILLEBOIS and Hannibal
SANDYS in consideration of the further sum of five shillings to then in hand paid by the said Francis
ENYS hath nominated and appointed him the said Francis ENYS their time and faithful attorney for
then and in their names but to his own use to call in have take and receive all sum and sums of
money debts and securities for money unto and arrears services whatsoever that where
outstanding and due unto the said John ENYS at the time of his decease and that are now one and
outstanding and for that purpose in their names to bring actions and to use all other legal means
for the recovery and receiving thereof of the said Francis ENYS indemnifying the said John
Trueman VILLEBOIS and Hannibal SANDYS from all loss costs damages and expenses that may
attend receiving recovering and collecting in the same.
And This Indenture Further Witnesseth that in consideration of the assignment of the said John
Trueman VILLEBOIS and Hannibal SANDYS hereinbefore mentioned he the said Francis ENYS doth
hereby release and quit claim unto the said John Trueman VIILEBOIS and Hannibal SANDYS and
each of their respective heirs executors assigns and assigned all and all manner of action and
actions suit and suits cause and causes of action and suit payments amounts recovery debts and
duties claims and demands whatsoever which he the said Francis ENYS his heirs executors
administrators and assigned or any of them now hath or can or may hereafter have against the
said John Trueman VILLEBOIS and Hannibal SANDYS or either of them or their respective heirs
executors administrators and assigned or any of them for an amount of their executorship
aforesaid in any way howsoever. AND the said Francis ENYS doth hereby for himself his heirs
executors and administrators covenant and agree with the said John Trueman VILLEBOIS and
Hannibal SANDYS their executors assign and assigned some or one of them shall and will at all
time hereafter indemnify and save harmless the said John Trueman VILLEBOIS and Hannibal
SANDYS and each of them and their respective heirs executors administrators and assigned and
every of them from and against all payments costs losses charged charges and expenses
whatsoever to be at any time or times hereafter made injured sustained or both by the said John
Trueman VILLEBOIS and Hannibal SANDYS or either of them or their respective heirs executors
assigns and assigned or any of them by reason or in conveyance of their said executorship or in
any manner relating thereof.
In Witness thereof the parties above named have hereunto respectively set their hands and seals
the day and year first above written
Signed: J T VILLEBOIS (and Seal)
Hannibal SANDYS and Francis ENYS”

EN/108/3

“Dated 23rd March 1807
Assignment of the remainder of the personal estate of J ENYS Esquire deceased
John Trueman VILLEBOIS Esquire and Hannibal SANDYS Esquire to Francis ENYS Esquire
This Indenture made the twenty third day of March in the forty seventh year of the reign of our Sovereign Lord George the third by the glory of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith and in the year of Lord God one thousand eight hundred and seven. Between John Trueman VILLEBOIS of Preston Candover in the county of Southampton Esquire and Hannibal SANDYS of Crane Court Fleet Street in the city of London Gentleman the executors named and appointed in and by the last will and testament of John ENYS late of ENYS in the county of Cornwall esquire deceased of the one part and Francis ENYS of the ENYS aforesaid Esquire/the devise and residuary legatee of the said John ENYS deceased of the other part.
Whereas the said John ENYS in his lifetime and at the time of his decease was only possessed of the remainder of a term of nine hundred and ninety nine years in a reclaim dwelling house and premises called the LANDRY tenement situate in the Borough of Truro in the said county of Cornwall/hereinafter more particularly described and also of diverse tin bounds and parts and the shares in tin bounds in situate in the several parishes of Saint Agnes Perranzabuloe Kenwyn Kea and Gwennap or elsewhere in the said county of Cornwall and also of a reclaim profit called an adit dish issuing out of and arising from reclaim tin bounds situate lying in the said parish of Saint Agnes. And also of and in a reclaim tin mine or adventure called or known by the name of Wheal Trevaunance situate in the said parish of Saint Agnes and also of all and singular the monies chattels and personal estate and affects hereinafter assigned.
And Whereas the said John ENYS by his last will and testament bearing date on or about the twenty fourth day of April one thousand eight hundred and two duly made and executed for the passing of freehold estate after the several specific legacies thereby given and bequeathed gave devised and bequeathed all and singular his freehold copyhold and leasehold and chattels monies messuages forms tenements herditaments and estates and also all his monies goods chattels and personal estate and affects whatsoever and wheresoever subject to the [payment of the aforesaid legacies and of his debts and funeral testamentary expenses into his child or children if any living at his decease and born in due time afterwards and his her or their respective heirs executors administrators and assigned equally to be divided between or amongst them if more than one share and share alike and in any case there should not be any such child then he give devised and bequeathed the same and every part thereof unto his uncle the said Francis ENYS his heirs executors administrators and assign.
And Whereas the said John ENYS the testator departed this life on or about the seventh day of October one thousand eight hundred and two without leaving any child or children either living at his decease or born since his decease and without having changed or in anywise altered his said will or the gifts legacies devised or bequeath thereby given or bequeathed and the said John Trueman VILLEBOIS and Hannibal SANDYS the executors appointed by the said John ENYS by his said will having undertaken the executorship thereof have only proved the same in the prerogative court of the Archbishop of Cantebury.
And Whereas the several gifts legacies and bequests in and by the said will given and bequeathed have been fully paid to the legatees ot trustees appointed to receive the same and all the debts one and owing from the estate of the said John ENYS together with the testamentary funeral expenses and all other charges and expenses attendant thereon have been fully paid satisfied and discharged and the whole of their trusts created in and by the said will and all things belonging to the executorship thereof have been fully and completely executed and performed by the said John Trueman VILLEBOIS and Hannibal SANDYS as such executors as aforesaid to assign to him the said Francis ENYS the said several premises therein before mentioned and also al, the residue of the goods chattels estate and all personal effects and estates of the said Francis ENYS deceased now in their hands and possession to which application and requests the said John Trenuen VILLEBOIS and Hannibal SANDYS have resolved and agreed.
Now This Identure Witnesseth that in pursuance of the request of the said Francis ENYS and also in consideration of the sum of five shillings of lawful money of Great Britain by the said Francis ENYS to the said John Trueman VILLEBOIS and Hannibal SANDYS in hand well and truly paid at or before the sealing and delivery of this identure the recipt thereof they the said John Trueman VILLEBIOS and Hannibal SANDYS do hereby respectively acknowledge they the said John Trueman VILLEBOIS and Hannibal SANDYS Have and each of them Hath assigned transferred released and set over and by this indenture Do each of them Doth assign transfer release and set over unto the said Francis ENYS his executors administrators and assigned All that the said messuage tenement or dwellinghouse and premises situate lying and being in the borough of Truro aforesaid was in the respective occupation of Lewis Charles DAUBUZ esquire and John LANDER as tenants thereof and which said dwellinghouse and premises are held for a term of nine hundred and ninety nine years under the mayor and burgerese of the said borough of Truro and also all those saved tin bounds parts and shares in tin bounds situate lying and being in the several parishes of St Agnes Perranzabuloe Kenwyn Kea and Gwennap aforesaid or elsewhere in the said county of Cornwall and also all that dish or profit commonly called or known by the name of an adit dish issuing and arriving out of and from reclaim tin bounds situate lying and being in the parish of St Agnes aforesaid and also all that mine or mine adventure commonly called or known by the name of Wheal Trevaunance situate lying and being in the said parish of St Agnes and also all the rest residue and remainder of all goods and chattels plate linen china or debts and securities for money personal estate and affects whatsoever of the said John ENYS deceased.
To Hath And To Hold the said messuage or dwellinghouse and premises therein before described and intended to be hereby assigned and confirmed with their and every of their rights members and appurtenances unto the said Francis ENYS his executors assigned assigns from the sale thereof for and owning all the rest residue and remainder now to come and unexpired of the said term of nine hundred and ninety nine years.
And To Hath And To Hold the said several tin bounds parts and shares of tin bound adit dish arising out of and from reclaim other tin bounds and the said mine adventure called Wheal Trevaunance herein before described and intended to be hereby assigned and confirmed with their and every of their rights members and appurtenances unto the said Francis ENYS his executors assigned and assigns according to the custom of the Stannary’s of Cornwall.
And To Have Hold receive and take all and singular the said monies goods chattels plate linen china and personal estate and effects whatsoever now remaining in the hands or possession of the said John Trueman VILLEBOIS and Hannibal SANDYS as the executors of the will of the said John ENYS deceased until the said Francis ENYS his executors assigned and assigns from henceforth as and for the proper monies goods chattels and personal estate and effects of him the said Francis ENYS And each of them the said John Trueman VILLEBOIS and Hannibal SANDYS separate and apart from the other of them and as recovering only his own separate acts deeds and defaults doth hereby for himself his executors and administrators covenant promise and agree with and to the said Francis ENYS his executors administrators and assigned in manner following that is to say that they the said John Trueman VILLEBOIS and Hannibal SANDYS nor either of them have not nor hath at any time or times hereforth made done committed occasioned or suffered any cut matter charge or thing whatsoever whereby the said messuage or dwellinghouse tin bounds parts and shares in tin bounds adit dish and mine adventure or any or either of them or any part thereof can shall or may be impeached charged or encumbered in tithe estate or otherwise howsoever.
And This Indenture Further Witnesseth that the said John Trueman VILLEBOIS and Hannibal SANDYS in consideration of the further sum of five shillings to them in hand and paid by the said Francis ENYS Hath nominated and appointed him the said Francis ENYS their time and lawful attorney for them and in their names but to his own use to call in have take and receive all sums and sum of many debts and securities for money rents and arrears of rents owed and services whatsoever that were outstanding and due unto the said John ENYS at the time of his decease and that are now due and outstanding and for that purpose in their names to bring actions and to use all other legal means for the recovery and receiving thereof for the said Francis ENYS indemnifying them the said John Trueman VILLEBOIS and Hannibal SANDYS from all loss costs damages and expenses that may attend the receiving recovering and collecting in the same.
And This Indenture Further Witnesseth that in consideration of the assignment by the said John Trueman VILLEBOIS and Hannibal SANDYS thereinbefore mentioned he the said Francis ENYS doth hereby release and quit reclaim unto the said John Trueman VILLEBOIS and Hannibal SANDYS and each of them and their respective heirs executors assigned and assigns all and all manner of action and actions suit and suits raised or raise of action and suits before mentioned and unto perform goods dues duties claims and demands whatsoever which the said Francis ENYS his heirs executors administrators assigned and assigns or any of them now hath or can or may hereafter have against the said John Trueman VILLEBOIS and Hannibal SANDYS or each of their respective heirs administrators assigned and assigns or any of them for an amount of their executorship aforesaid in anyway howsoever And the said Francis ENYS doth hereby for himself his heirs executors and assigned covenant and agree with the said John Trueman VILLEBOIS and Hannibal SANDYS their executors assigned and assign that the said Francis ENYS his heirs executors and assigned and assign some or one of them shall and will at all times hereafter indemnify and save harmless the said John Trueman VILLEBOIS and Hannibal SANDYS and each of them and their respective heirs executors administrators and assigned and every of them from or against all payments costs losses charged damages and expenses whatsoever to be at any time or times hereafter made injured sustained or borne by the said John Trueman VILLEBOIS and Hannibal SANDYS or either of them or their respective heirs executors assigned or assign or any of them by reason or in consequence of their said executorship or in any manner relating thereto.
In Witness whereof the parties above named have hereunto respectively set their hands and seals the day and year first written above.
Signed JT VILLEBOIS (and Seal) Hannibal SANDYS (and Seal) Francis ENYS (and Seal)”

Transcribed by Neil Roberts
 

 

 

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