See also Marriages and St. Levan

[William OSBORN and Elizabeth HODGE married at St. Leven on the 2nd. March, 1813]

[The document measures 590x800mm 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. There is evidence that the name Samuel John has been inserted (wherever it occurs) after the main document was written.]

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

Dated 25th February 1813

Settlement

of an Annuity of Thirty Pounds, out of a Tenement Rosepletha, in St. Levan; & of a Dwelling House & Garden, in St. Buryan: previous to the Marriage of Mr. Willm. Osborn with Miss Elizth. Hodge.
Trustees, Messr: Saml. John – Richd. Hodge

This Indenture of Four Parts Made the Twentyfifth day of February in the Fiftythird 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 Thirteen.—Between Thomas Osborn, of the Parish of Saint Buryan, in the County of Cornwall, yeoman, of the first part; William Osborn, of the same Parish, yeoman, Son of the said Thomas Osborn, of the second part; Elizabeth Hodge, of the Parish of Saint Levan, in the same County, Spinster, of the third part; and Samuel John, of the Town of Penzance, in the same County, Gentleman, and Richard Hodge, of Saint Levan aforesaid, Gentleman; of the Fourth part.—Whereas a Marriage is agreed upon, and is intended by Gods permission to be shortly had and solemnised between the said William Osborn and Elizabeth Hodge.—And Whereas the said Thomas Osborn is now lawfully seized in the Simple of and in Two third parts, undivided, of in and throughout the Tenement and Premises with the appurtenances situate in Rosepletha, in the said Parish of Saint Levan; subject to a Jointure or annuity of Seven Pounds per annum, secured out of one of the said Third parts, to Sarah the wife of the said Thomas Osborn, in case she shall happen to survive him:—And the said Thomas Osborn is now lawfully possessed of and entitled unto the other third part undivided of and in the said Tenement and Premises in Rosepletha aforesaid for the remainder of a certain absolute term of Nine hundred years heretofore granted, and now therein to come and unexpired,—And Whereas the said William Osborn, under and by virtue of diverse mesne assignments or other good and sufficient ways and means in the law, derived under one Indenture of Lease bearing date the Twentythird day of November One thousand seven hundred and fiftytwo, made and granted by Uriah Tonkin, Gentleman, deceased, to Francis Richards, yeoman, deceased, is now lawfully possessed of interested in, and entitled unto, for the remainder of a certain term of Ninetynine years, granted in and by the said lease, and now determinable by the death of Joan Johns: And under and by virtue of another Indenture of Lease, bearing date the Twelfth day of March One thousand eight hundred and Eleven, made and granted by Uriah Tonkin, Esquire, to the said William Osborn, the said William Osborn is now also lawfully possessed of, interested in and entitled unto for a certain term of Ninetynine years, granted in and by the said lastmentioned Lease, and determinable by the deaths of the said William Osborn, and the said Elizabeth Hodge, party hereto; the said last mentioned term being to commence and begin from and immediately after the death of the said Joan Johns: All that Messuage or Dwelling House situate lying and being in the Church Town of the said Parish of Saint Buryan, heretofore erected and built by and in the occupation of one Francis Richards, deceased, then of John Richards, afterwards of James Edwards, Clerk, since of John Jones Pearce, Esquire, and now of the said William Osborn or his undertenant or undertenants; Together with the Garden in front of the said Dwelling House, and belonging thereto; part and parcel of the Manor of Saint Buryan: and Together with all ways paths easements and appurtenances to the same premises belonging or in anywise appertaining.—Under the rents payments covenants conditions exceptions and agreements in the said several Leases mentioned reserved and contained. And Whereas upon the treaty for the said intended Marriage, it was proposed and agreed by and between the said Thomas Osborn, and William Osborn, respectively, and the said Elizabeth Hodge, that, in Consideration of the said intended marriage, and of the sum of Four Hundred and fifty pounds, of which the said Elizabeth Hodge is now possessed, and which is to be paid by her to the said William Osborn, as and for her marriage portion; and for making a provision by way of Jointure for the said Elizabeth Hodge, and for securing to her the Messuage or Dwelling House and Premises before and hereinafter mentioned, in case the said intended marriage shall take effect, and she shall happen to survive the said William Osborn her intended husband; they the said Thoams Osborn and William Osborn, respectively, should grant and demise the said Tenement and Premises with the appurtenances in Rosepletha aforesaid, as the same in hereinafter particularly mentioned and described, Subject as aforesaid;—and should also assign and set over the said Dwelling House, Garden and Premises with the appurtenances, hereinbefore particularly mentioned and described; unto the said Samuel John and Richard Hodge their Executors Administrators and Assigns: To the several uses, upon the several trusts and for the ends intents and purposes, and with under and subject to the powers provisos declarations and agreements hereinafter mentioned expressed and declared of and concerning the same, respectively. Now this Indenture Witnesseth that the said Thomas Osborn, as well for and in consideration of the said intended Marriage, and of the said sum of Four hundred and fifty pounds to the said William Osborn in hand paid as hereinafter mentioned; and for making a competent provision by way of Jointure for her the said Elizabeth Hodge, in case she shall, after the said intended marriage had, happen to survive and outlive the said William Osborn her intended husband; and in pursuance and performance of the said recited agreement on his part: as also in Consideration of the natural love and affection which he hath and beareth for and towards his said son William Osborn and for his better advancement and preferment in life; and in further consideration of the sum of Ten Shillings, of lawful money current in Great Britain, to him the said Thomas Osborn in hand and well and truly paid by the said Samuel John and Richard Hodge at or before the sealing and delivery of these presents, the receipt whereof he doth hereby fully acknowledge He the said Thomas Osborn Hath granted demised and leased; and in and by these presents Doth grant demise and lease unto the said Samuel John and Richard Hodge their Executors Administrators and Assigns All and singular the aforesaid Two third parts or portions undivided, and one third part or portion undivided of in and throughout All that the aforesaid Tenement and Premises, with the appurtenances, situate lying and being in Rosepletha, in the said Parish of Saint Levan; formerly in the tenure or occupation of John Osborn, and now and for many years last past of the said Thomas Osborn.—Together with all Houses outhouses Edifices buildings yards Gardens orchards moors marshes seedings pastures Commons, common of pasture fuel and turbary, mines metals and minerals, waters water courses ponds pools and dams of water, ways paths easements profits commodities emoluments advantages hereditaments rights members and appurtenances whatsoever to the said three several parts or portions of and in the said Tenement and Premises hereby or mentioned and intended to be hereby granted and demised, or any part or parcel thereof belonging incident or in anywise appertaining, or therewith, or with any part thereof, held used occupied possessed or enjoyed or accepted reputed deemed taken or known as part or parcel thereof, or as appurtenant thereto.—And the reversion and reversions, remainder and remainders, yearly and other rents issues and profits thereof and of every part and parcel thereof. And all the Estate and Estates right title interest use trust property possession claim challenge and demand whatsoever in law and Equity of him the said Thomas Osborn of in to and out of the said Premises with the appurtenances hereby granted and demised or intended so to be, or of into or out of any and every part and parcel thereof.—To have and to hold all and singular the said Tenement hereditaments and Premises with the appurtenances hereby granted and demised or expressed and intended so to be and every part and parcel thereof (Subject to the said Jointure or annuity to the said Sarah Osborn) unto the said Samuel John and Richard Hodge their Executors Administrators and Assigns from henceforth for and during || And unto the full end and term of Two hundred Years. But upon Trust nevertheless and to and for such uses ends intents and purposes, and under and subject to such provisos limitations and agreements as are hereinafter mentioned expressed and declared of and concerning the same (that is to say) In Trust to permit and suffer the said Thomas Osborn his Heirs Executors Administrators and Assigns, respectively, to have hold and enjoy the said Tenement Hereditaments and Premises with the appurtenances hereby granted and demised or intended so to be, and every part thereof, and to receive perceive and take the rents issues and profits thereof to his and their own use and benefit until the said intended Marriage shall be had and solemnized; and from and after the solemnization thereof—In Trust to permit and suffer the said Thomas Osborn and his Heirs Executors Administrators and Assigns, respectively, during the joint natural lives of the said William Osborn and Elizabeth Hodge to have hold and enjoy the said Tenement Hereditaments and Premises, with the appurtenances, and to receive and take the rents issues and profits thereof, and of every part thereof to and for his and their own absolute use and benefit:—And from and immediately after the decease of the said William Osborn, in case the said intended marriage shall take effect and, the said Elizabeth Hodge shall happen to survive him Then in Trust that they the said Samuel John and Richard Hodge, or the Survivor of them, and the Executors Administrators and Assigns of such survivor shall and do from time to time by and out of the rents issues and profits of the said Tenements Hereditaments and Premises, with the appurtenances, or by demising leasing selling or mortgaging the same or any part thereof for all or any part of the said term of Two hundred years raise and levy such sum and sums of money as shall be sufficient to pay and satisfy unto the said Elizabeth Hodge and her Assigns, for and during the term of her natural life one annuity yearly rent charge or sum of Thirty Pounds, of lawful money current in Great Britain, to be paid and payable to her the said Elizabeth Hodge or her Assigns at Ladyday Midsummer Michaelmas and Christmas, in every year by even and equal portions or quarterly payments to be divided and paid free and clear of and from all taxes assessments payments and outgoings whatsoever; the first payment of the said annuity to be begin and be made on such of the said feasts or days of payment as shall first and next happen after the decease of the said William Osborn; such annuity or annual payment together with the other provision hereinafter made for her, to be taken and accepted by the said Elizabeth Hodge and considered as and in the nature of a Jointure, in lieu liar[?] and full satisfaction of all Dower and thirds as the Common Law as the otherwise could or might have had claimed or been entitled unto out of and from all and every or any of the Manors Messuages Lands Tenements and Hereditaments whereof or wherein the said William Osborn now is, or at any time or times during the coverture between them shall or may be seized of an Estate of Freehold or Inheritance; and also in liar[?] and full satisfaction of all such part and share of the Personal Estate of the said William Osborn as she the said Elizabeth Hodge might otherwise claim or be entitled unto. Provided Always nevertheless and it is hereby agreed and declared by and between the said parties to these presents, that if the said Elizabeth Hodge shall happen to die before the said William Osborn her intended husband, or if she shall happen to survive him, that upon and immediately after her decease and payment of all arrears which shall be then due of the said annuity or yearly rent charge of Thirty Pounds, together with all Costs charges and expenses occasioned by or relating to the execution of the aforesaid trusts. Then and all times from thenceforth the said term of Two hundred years of and in the said Tenement Hereditaments and Premises with the appurtenances, or so much thereof as shall not be disposed of for the purposes aforesaid, shall cease determine and be utterly void to all intents and purposes whatsoever.—And this Indenture Further Witnesseth that the said William Osborn also in Consideration of the said intended marriage, and of the said sum of Four hundred and fifty pounds of lawful money as aforesaid, to him in hand well and truly paid by the said Elizabeth Hodge, as and for her marriage portion at or before the sealing and delivery of these presents, the receipt whereof is fully acknowledged and hereon endorsed; and in pursuance and performance of the said recited agreement on his part, and in Consideration of the further sum of Ten shillings, of like lawful money, to him in hand well and truly paid by the said Samuel John and Richard Hodge at or before the sealing and delivery of these presents, the receipt whereof is also hereby fully acknowledged.—He the said William Osborn Hath bargained sold assigned transferred and set over, and in and by these presents Doth bargain sell assign transfer and set over, unto the said Samuel John and Richard Hodge their Executors Administrators and Assigns All that the aforesaid Messuage or Dwelling House Garden and Premises with all and every the advantages and appurtenances thereto belonging, situate lying and being in the Church Town of the said parish of Saint Buryan; comprized in, and granted and demised by the said recited leases thereof and hereinbefore more particularly mentioned and described.—And all the Estate right title interest terms and numbers of years trust property possession claim challenge and demand whatsoever both at law of in equity or otherwise howsoever of him the said William Osborn of in to or out of the same (Except as in and by the said several leases respectively is and are excepted). To have and to Hold all and singular the said Dwelling House Garden and Premises and every part and parcel thereof with the appurtenances (Except before excepted) hereby assigned or intended so to be unto the said Samuel John and Richard Hodge their Executors Administrators and Assigns from the day of the date hereof for and during all the rest residues and remainders of the aforesaid several and respective terms of Ninetynine Years now therein to come and expire (determinable respectively as aforesaid) in as full large ample and beneficial manner and form to all intents constructions and purposes whatsoever as he the said William Osborn might could should or ought to have had held and enjoyed the same under or by virtue of the said recited leases or otherwise howsoever.—Under and Subject nevertheless to the several rents payments covenants conditions and agreements in the said several Leases thereof mentioned reserved and contained.—To the uses upon the trusts, and for the intents and purposes, and with under and subject to the powers provisoes declarations and agreements hereinafter mentioned expressed and declared of and concerning the same (that is to say) To the use of the said William Osborn his Executors Administrators and Assigns until the said intended marriage shall be had and solemnized; and from and after the solemnization thereof To the use of the said William Osborn and his Assigns for and during the term of his natural life; and to permit and suffer the said William Osborn and his Assigns during his natural life to have hold and enjoy the said Dwelling House Garden and Premises with the appurtenances and to have receive and take the rents issues and profits thereof and of every part thereof in and for his and their own use and benefit; And from and immediately after his decease, if the said Elizabeth Hodge shall happen to survive him || To the use of the said Elizabeth Hodge and her Assigns for and during the term of her natural life; and to permit and suffer the said Elizabeth Hodge and had Assigns during her natural life to have hold and enjoy the said Dwelling House, Garden and Premises with the appurtenances, and to have receive and take the rents issues and profits thereof and of every part thereof to and for her and their own use and benefit:—And from and immediately after her decease To the use of the Executors Administrators and Assigns of the said William Osborn for all the then residues and remainders of the said terms and estates therein to come and expire.—Provided Always nevertheless, and it is hereby declared and agreed by and between the said William Osborn and Elizabeth Hodge to be the true intent and meaning of these presents—that in case the said William Osborn shall happen to die without leaving any Child or Children of his body on the body of the said Elizabeth Hodge his intended wife, to be begotten; and who shall be living at the time of the death of the said William Osborn;—Or in case the said Elizabeth Hodge shall happen to marry again after the death of the said William Osborn: Then, and in either of the said cases, the said Trust hereinbefore declared of and concerning the said Dwelling House Garden and Premises with the appurtenances thereby assigned or intended so to be, for and for the benefit of the said Elizabeth Hodge and her Assigns for and during her natural life, shall cease determine and become utterly null and void to all intents and purposes, as if she the said Elizabeth Hodge had been naturally dead; and then and from thenceforth the said Samuel John and Richard Hodge their Executors Administrators and Assigns shall stand possessed of the same Dwelling House Garden and Premises with the appurtenances In trust and for the benefit of the Executors Administrators and Assigns of the said William Osborn. And the said Thomas Osborn for himself his Executors and Administrators, and the said William Osborn for himself his Executors and Administrators, do and each of them doth severally and not jointly or the one for the other, but each of them for his own particular acts and deeds Executors and Administrators only; covenant promise and agree unto and with the said Samuel John and Richard Hodge Executors Administrators and Assigns that they the said Thomas Osborn and William Osborn, respectively, have in themselves good right full power and lawful and absolute authority to grant and demise, and assign transfer and set over all and singular the said several and respective Hereditaments and Premises hereby granted and demised, assigned transferred and set over, or intended so to be, and every part and parcel thereof, respectively, with their respective appurtenances, unto the said Samuel John and Richard Hodge, their Executors Administrators and Assigns, To the uses and in the manner aforesaid and according to the true intent and meaning of these presents. And that all and singular the said several and respective Premises with the appurtenances and every part and parcel thereof shall and lawfully may from time to time and at all times hereafter during the said several and respective terms, remain continue and be To and for the several uses ends intents and purposes, upon the Trusts and with under and subject to the powers provisoes conditions and agreements in and by these presents mentioned declared limited and appointed of and concerning the same.—And Moreover that they the said Thomas Osborn and William Osborn their Executors and Administrators, respectively, shall and will from time to time and at all times hereafter, upon every reasonable request of the said Samuel John and Richard Hodge their Executors Administrators and Assigns, but at the proper Costs and Charges in the law of the said William Osborn his Executors or Administrators, make do acknowledge levy suffer and execute or cause or procure to be made done acknowledged levied suffered and executed all and every such further and other lawful and reasonable act and acts thing and things devices conveyances assignments and assurances in the law whatsoever, for the further better more perfectly and absolutely granting demising assuring assigning and confirming the said several and respective Premises with their appurtenances unto and for the respective uses ends trusts intents and purposes aforesaid, as by the said Samuel John and Richard Hodge their Executors Administrators and Assigns or their or any of their Counsel shall be reasonably advised devised or required. Provided Always and it is hereby further declared and agreed by and between all the said parties to these presents, that they the said Samuel John and Richard Hodge, or either of them, their or either of their Executors or Administrators, shall not be answerable or accountable for their acts receipts neglects or defaults of the other of them, but each and every of them for his own particular acts receipts neglects or defaults only; nor shall they or any of them be answerable or accountable for the loss of any Money which shall or may come to their or either of their hands by virtue of the trusts aforesaid; nor for any other loss misfortune or damage which may happen in the execution of any of the aforesaid trusts, or in relation thereto;—unless the same shall happen by or through his or their own respective wilful neglects or defaults.—And Also that they and each of them their and each of their Executors and Administrators shall and may by and out of any Monies which shall come to their or any of their hands by virtue of the trusts aforesaid, retain to and reimburse themselves and himself, and allow to his and their Co-trustee all such costs charges damages and Expenses as they or any or either of them shall or may bear pay expend sustain incur or be put unto in or about or in anywise concerning the execution of the aforesaid Trusts, or any of them.—In Witness whereof the parties aforesaid to these presents (engrossed on these Skins of parchment, each being first duly Stampt) their hands and seals Interchangeably have set the day and year first within written.

Thomas @ Osborn | William @ Osborn | Elizth: @ Hodge | Saml. John @ | Richard Hodge @

[on the back]

Signed Sealed and Delivered
in the presence of
Chs.[?] Ellis Richards
Richd. Richards
Clerks to Messrs Geo. & Saml. John Penzance

[on the back]

Received, the day and year first within written, of and from the within named Elizabeth Hodge, the sum of Four hundred and fifty pounds £450 being the full Consideration money within expressed to be paid by her to me, the within named

William Osborn

Witness Chs.[?] Ellis Richards
Richd. Richards