See also Land Records and St. Ives

[The document measures 570x740mm and is of three skins of parchment joined by tape threaded through holes at the bottom and sealed with wax. The outer (first page) is indentured at the top.]

[Cover—i.e. the back of the unfolded document]

Dated 20th March 1854.

Mrs. Jane Bennett to George Blaxland Esqre. and The Revd. R. Hichens Clerk In Trust

Conveyance (by way of Mortgage) of 2/5th parts (undivided) of Grist Mills and Premises near the West Bridge in St. Ives Cornwall, for securing £168 and Interest at £5 pr. cent.

This Indenture made the twentieth of March in the year of Our Lord one thousand eight hundred and fifty four Between Jane Bennett of Saint Ives in the County of Cornwall Widow of the first part William Hichens the younger of the same place Gentleman and Harriet Catherine his Wife of the second part and George Blaxland of Crosby Square in the City of London Gentleman and The Reverend Richard Hichens of Bideford in the County of Devon Clerk of the third part Whereas John Chellew the elder late of Saint Ives aforesaid Miller deceased (the father of the said Jane Bennett) being in his lifetime and up to and until the day of his death hereinafter mentioned seized to him and his Heirs in fee simple in possession of the Mills and Hereditaments hereinafter described by his last Will and Testament in writing leaving late on or about the nineteenth day of November one thousand eight hundred and thirty five and duly executed and attested for the devise of real Estates after bequeathing unto his Wife Martha Chellew since deceased a Legacy of ten Pounds and giving to her the use during her life of his Dwelling House and three Rooms adjoining and of certain Household Furniture and other Effects gave devised and bequeathed all the residue and remainder of his Property consisting of Freehold and Leasehold Messuages Mills Lands Tenements and Hereditaments and all his residuary personal Estate unto John Nicholas Richards Millet (by the name of John Richards Nicholas Millet) Thomas Matthews Wearne and James Young all therein described their Heirs Executors Administrators and Assigns Upon trust in the first place from and out of the said Testator's Leasehold Estate called Trenwith to provide for and pay into his said Wife Martha Chellew during her natural life one Annuity of twenty Pounds in quarterly payments and the said Testator declared that the provision thereby made for his said Wife was in Case of Dower And upon further trust to pay unto his son Samuel Chellew (who is still living) during his natural life or so much thereof as the said Testator's Property aforesaid (for the time being) would enable the said Trustees so to do one Annuity of eight Pounds in quarterly payments the first thereof to be made at the end of three calendar months after the said Testator's decease and also to pay unto Elizabeth Rosewall (who is still living) during her natural life for her separate use (but subject to the like contingency as last aforesaid) one Annuity of five Pounds the first thereof to be paid at the end of one year next after the said Testator's decease And upon further trust that they the said Trustees and Trustee for the time being should according to their his or her own discretion and at such time or times as they he or she should in their his or her like discretion deem fit by sale or mortgage or demise or other disposition of the said several Estates and premises or of a competent part or parts thereof or by with and out of the rents issues and profits to arise therefrom in the meantime or by all or any of the aforesaid or by such other ways and means as to them him or her should seem meet raise and levy such sum or sums of money as should be sufficient to make good the deficiency of the said Testator's real or personal Estate in answering and satisfying his debts legacies annuities and funeral and testamentary charges And upon further Trust that (subject as aforesaid and to the due payment of his said debts with the interest thereof accrued and to grow due for the same) they the said Trustees and Trustee (for the time being) in the meantime and until a sale or disposition (if any) should be so made should stand seized and be possessed of and interested in his the said Testator's Estates and Effects as well real as personal with the surplus of the yearly rents and other produce thereof to and for the only proper use and benefit of his several sons and daughters and grand-children thereinafter named and their several and respective Heirs Executors Administrators and Assigns and should apply or pay the same accordingly in the several shares and proportions and in manner following (that is to say) unto his son Richard Chellew his Heirs Executors Administrators and Assigns one full fifth part or share thereof unto his son Arthur Chellew his Heirs Executors Administrators and Assigns one other like fifth part or share thereof unto his daughter the said Jane Bennett her Heirs Executors Administrators and Assigns one other like fifth part or share thereof unto daughter Charlotte then the wife of James Richards the younger Carpenter her Heirs Executors Administrators and Assigns one other like fifth part or share thereof and unto James Chellew John Chellew Thomas Henry Chellew Jane Chellew and Mary Chellew respectively sons and daughters of his then late son James Chellew deceased and their respective Heirs Executors Administrators and Assigns the remaining like fifth part or share thereof equally between them as joint tenants and to be applied or paid for their use and benefit during the minority, that is to say, under the age of twenty one years of the youngest (for the time being) of the said Testator's said Grand-children with the benefit of survivorship or accruer between and amongst them in the meantime and afterwards for their respective right Heirs Executors Administrators and Assigns absolutely for ever or for such other estates terms and interests as he had therein respectively And Whereas the said John Chellew the testator died on or about the [blank] day of November one thousand eight hundred and thirty five without having altered or revoked his said Will as made to the effect hereinbefore recited so far as the same Will affected the said Hereditaments hereinafter described and the said Will was with a Codicil thereto annexed duly proved on or about the [blank] day of [blank] one thousand eight hundred and [blank] in the [blank] Court of [blank] by the said John Nicholas Richards Millet and James Young two of the Executors thereof the said Thomas Matthews Wearne, the other Executor, having renounced Probate of such Will and Codicil and refused to act in or to accept the trust thereof And Whereas the said James Young died on or about the [blank] day of [blank] one thousand eight hundred and [blank] and the said John Nicholas Richards Millet, who is now living, is the only surviving acting trustee under the said Will of the said John Chellew deceased And Whereas the said Charlotte Richards one of the said daughters of the said John Chellew named in his said Will having survived her Father died on or about the [blank] day of [blank] one thousand eight hundred and [blank] intestate leaving the said James Richards, her husband, and the said William Richards her eldest son and Heir-at-law her surviving And Whereas the said James Richards died on or about the [blank] day of [blank] one thousand eight hundred and [blank] And Whereas by an Indenture dated the twentieth day of April one thousand eight hundred and fifty three and made between the said William Hichens of the first part William Jones therein described of the second part Harriet Catherine Jones Spinster (now the Wife of the said William Hichens) of the third part and the said George Blaxland and Richard Hichens of the fourth part (being or purporting to be a Settlement made on the marriage of the said William Hichens with the said Harriet Catherine his Wife) after reciting that in consideration of the said then intended marriage the said William Jones had || Paid to the said George Blaxland and Richard Hichens a certain sum of money therein mentioned It is by the said Indenture agreed and declared that the said George Blaxland and Richard Hichens and the survivor of them his Executors or Administrators should from thenceforth stand possessed of the said sum and of the Annual Income of the Investments thereof to be made as thereinafter mentioned upon trust after the solemnisation of the said intended marriage that the Trustees or Trustee for the time being under the said Settlement should lay out and invest the same sum in their or his names or name in some or one of the public Stocks or Funds of Great Britain or at Interest upon Government Securities or on the Security of any Freehold or Leasehold Estates held for terms of years absolute on for lives or for terms of years determinable on the dropping of lives to be situate in England or Wales but not in Ireland with full power for the Trustees or Trustee, for the time being, from time to time to alter or vary all or any of such Investments for others of a like nature as often as they or he should think fit But so nevertheless that during the joint lives of the said William Hichens and Harriet Catherine his Wife and during the life of the survivor of them every such laying out or investment alteration or variation be made with their his or her consent in writing And Whereas the said sum of money so paid by the said William Jones to the said George Blaxland and Richard Hichens as aforesaid hath been invested by them in the purchase of the sum of [blank] three and a quarter per cent annuities and the same sum is now standing in the joint names of the said George Blaxland and Richard Hichens in the Books of the Governor and Company of the Bank of England And Whereas by an Indenture dated the eighteenth day of March one thousand eight hundred and fifty four and made between the said William Richards of the one part and the said Jane Bennett of the other part in consideration of the sum of one hundred and fifty Pounds in hand paid by the said Jane Bennett to the said William Richards the said William Richards did by the Indenture now in recital grant bargain sell convey ratify and confirm unto the said Jane Bennett and her Heirs All his the said William Richards one fifth part or share undivided (to which he was then entitled as the Heir-at-Law of the said Charlotte Richards deceased) of and in the Water Grist Mills with the Garden and other appurtenances thereunto belonging therein and hereinafter mentioned and described To hold the same with the appurtenances (subject as in the said Will of the said John Chellew deceased is mentioned) unto and to the use of the said Jane Bennett her Heirs and Assigns for ever And Whereas the said Jane Bennett having occasion for the sum of one hundred and sixty eight Pounds the said George Blaxland and Richard Hichens in pursuance of the power in the hereinbefore in part recited Indenture of Settlement contained and with the privity and consent of the said William Hichens and Harriet Catherine his Wife testified by their severally executing these Presents have agreed to lend her the same on her securing the repayment thereof with interest in the manner hereinafter mentioned Now this Indenture witnesseth that in consideration of the sum of one hundred and sixty eight Pounds Sterling to the said Jane Bennett in hand paid by the said George Blaxland and Richard Hichens with the privity consent and approbation of the said William Hichens and Harriet Catherine his Wife testified as aforesaid the receipt of which said sum the said Jane Bennett doth hereby acknowledge and therefrom and form every part thereof doth acquit release and discharge the said George Blaxland and Richard Hichens and each of them and their respective Heirs Executors Administrators and Assigns and every of them for ever by these Presents the said Jane Bennett Doth by these Presents grant bargain sell convey ratify and confirm unto the said George Blaxland and Richard Hichens their Heirs and Assigns All her the said Jane Bennett's two fifths parts or shares undivided of and in All these two Water Grist Mills with the Garden Stables Outhouses and Appurtenances thereunto belonging situate near the West Bridge in Saint Ives aforesaid and for many years last past in the occupation of Mr John Chellew (Son of the said John Chellew deceased) as tenant thereof And of and in all houses outhouses ways easements waters watercourses leats mill-streams profits commodities advantages emoluments rights members and appurtenances whatsoever to the said Mills and other Hereditaments belonging or in anywise appertaining And the reversion and reversions remainder and remainders yearly and other rents issues and profits of the said two fifth parts and hereditaments hereby conveyed And all the estate right title interest use trust inheritance property possession benefit claim and demand whatsoever both at law and in Equity of her the said Jane Bennett of in to or out of the said two fifth parts and Hereditaments hereinbefore described and all and singular other the premises expressed to be hereby conveyed (subject as in the said Will of the said John Chellew deceased is mentioned) unto and to the use of the said George Blaxland and Richard Hichens their Heirs and Assigns but nevertheless upon the trusts and for the ends intents and purposes and with under and subject to the powers provisoes conditions and limitations in or by the said hereinbefore in part recited Indenture of Settlement declared or such of them as are now in being and capable of taking effect subject nevertheless to the proviso or condition or redemption thereinafter contained (that is to say) Provided Always that if the said Jane Bennett her Heirs Executors Administrators and Assigns shall pay or cause to be paid unto the said George Blaxland and Richard Hichens or the survivor of them his Executors Administrators and Assigns or other the Trustees or Trustee for the time being of the said Indenture of Settlement the said sum of one hundred and sixty eight Pounds Sterling with Interest for the same after the rate of Five Pounds per centum per annum on the twentieth day of March next without any deduction or abatement whatsoever then these Presents shall cease and determine and thereupon be and become absolutely null and void to all intents and purposes anything herein contained to the contrary not withstanding And the said Jane Bennett doth hereby for herself her Heirs Executors || And Administrators covenant with the said George Blaxland and Richard Hichens and their respective Executors Administrators and Assigns that the said Jane Bennett her Heirs Executors or Administrators shall and will pay or cause to be paid unto the said George Blaxland and Richard Hichens or the Survivor of them his Executors Administrators or Assigns or other the Trustees or Trustee for the time being of the said Settlement the said Principal sum of one hundred and sixty eight Pounds and Interest at the rate aforesaid at the time and in manner hereinbefore appointed for payment thereof And that for and notwithstanding any act deed matter or thing made done or permitted to the contrary by her or the said John Chellew (the Testator) deceased she the said Jane Bennett now hath in herself good right and lawful and absolute authority to grant bargain sell and convey the said two fifth parts or shares of and in the said Mills Hereditaments and Premises (subject as aforesaid) unto and to the use of the said George Blaxland and Richard Hichens their Heirs and Assigns in manner aforesaid And also that it shall be lawful for the said George Blaxland and Richard Hichens and the survivor of them his Heirs or Assigns or other the Trustees or Trustee for the time being of the said Settlement at any time after default in payment of the said sum of one hundred and sixty eight Pounds and Interest or any part thereof contrary to the proviso or condition hereinbefore contained peaceably and quietly to enter into and have hold use occupy possess and enjoy the said two fifth parts of and in the said Mills and Hereditaments hereby conveyed or intended so to be and to receive and take rents and profits thereof without any hindrance eviction interruption or denial whatsoever of from or by the said Jane Bennett or any other person or persons whomsoever rightfully claiming any estate right title or interest at Law or in equity of in to or out of the said two fifth parts and Hereditaments by from who or under her or the said John Chellew (the testator) deceased (except the several persons claiming in respect of but only in respect of any charges thereon under the said Will of the said John Chellew deceased [)] and that free and clear and freely clearly and absolutely acquitted exonerated and discharged or otherwise by the said Jane Bennett her Heirs Executors or Administrators or some or one of them effectually indemnified from and against all and all manner of former and other gifts charges and incumbrances whatsoever had made occasioned or suffered by the said Jane Bennett or the said John Chellew the testator, deceased except the charges thereon under his said Will as aforesaid ||Provided also that if the said sum of one hundred and sixty eight Pounds or the interest thereof or any part thereof shall not be paid at the time hereinbefore appointed for that purpose it shall be lawful for the said George Blaxland and Richard Hichens and the survivor of them his Heirs Executors or Administrators or other the Trustees or Trustee for the time being of the said Settlement at any time hereafter without any further authority than these Presents to sell and absolutely dispose of the said two fifth parts of and in the said Mills and other Hereditaments hereby conveyed either by Public Auction or private contract and to convey and assure the same to the purchaser or purchasers thereof and out of the proceeds of such sale or sales after deducting and retaining the expenses thereof or incident thereto in the first place to retain pay and satisfy unto the said George Blaxland and Richard Hichens or the survivor or them his Heirs Executors or Administrators or other the Trustees or Trustee for the time being of the said Settlement the said sum of one hundred and sixty eight Pounds and Interest or so much thereof as shall then be due and owing by virtue of this Security and the residue (of any) to pay unto the said Jane Bennett her Heirs Executors Administrators or Assigns or as she or they may direct and what (if any) the said mortgaged Hereditaments shall then remain unsold shall be reconveyed unto the said Jane Bennett her Heirs or Assigns ||And moreover that she the said Jane Bennett and her Heirs and every other person whatsoever lawfully or rightfully claiming any Estate right title trust or interest at Law or in Equity of in to out of or upon the said two fifth parts or shares of and in the said Mills Hereditaments and Premises intended to be hereby granted and conveyed by from through under or In trust for her or the said John Chellew deceased except the several persons claiming in respect of but only in respect of the aforesaid excepted charges shall and will at all times hereafter upon the request of the said George Blaxland and Richard Hichens or the survivor of them his Heirs Executors or Administrators or other the Trustees or Trustee for the time being of the said Settlement but at the costs and charges of the said Jane Bennett her Heirs Executors or Administrators make do acknowledge and execute or cause to made done acknowledged and executed all such further and other lawful and reasonable acts deeds conveyances and assurances in the Law for the more effectually and satisfactorily conveying and assuring the said two fifth parts and Hereditaments hereby conveyed or intended so to be unto and to the use of the said George Blaxland and Richard Hichens their Heirs or Assigns or other the Trustees or Trustee of the said Settlement their his or her Heirs and Assigns upon the Trusts hereinbefore expressed or referred to or such of them as shall be there in being and capable of taking effect in such manner and form as the person or persons making such request or his her or their or any or either of their Counsel in the Law shall advise or require In Witness thereof the said ies to the Presents have hereunto set their hands and seals the day and year first before written

Harriet Catherine Hichens @ | William Hichens @ | Jane @ Bennett

[The seal impressions are all the same “h”, probably for Hichens the solicitor.]

[On the back]

Received on the day and year first within written of and from the within named George Blaxland and Richard Hichens the full sum of one hundred and sixty eight Pounds being the Consideration money within mentioned to be by them paid to me Jane Bennett Witness Martin Dunn jr

£168:0:0

[On the back]

Signed Sealed and Delivered by the within named Jane Bennett in the presence of

Martin Dunn jr
Clerk to Messrs Hichens and Son
Sol^rs St. Ives

Signed Sealed and Delivered by the within named William Hichens and Harriet Catherine his Wife in the presence of

Wm. Hichens
Solicitor St Ives

[I trust this was a different Wm. Hichens]