Old Indenture (property sale)- Mousehole, Cornwall, 1828

There is a document in my family’s possession which calls itself an Indenture. It records the sale of two properties in Mousehole, Cornwall, in 1828
I think it’s worth sharing, because it also tells a story with human interest about the background of the sale.
The catch is that the story is not easy to read, without patience and perseverance. It is a solid block of text, with much legal repetition and not much punctuation. I’m not sure there’s a single full stop in the entire document.

So this is what I’ll do. First I’ll tell the story I’ve gleaned from the document in my own words.
Then I’ll present the Indenture itself (which will take two more posts) so that anyone who wants can move from one to the other.
I’ve added paragraph breaks, for the sake of readability, but I’ve made no other changes.

The story

In the first paragraph, we learn that the Indenture is being made on December the first, 1828, involving Martin Wright of Mousehole(who is a fisherman), John Dingle of Pelynt (who is a farmer) with his wife Charlotte, and John Reynolds of Penzance (who is a “writer”). We will later learn that John Reynolds is purchasing the properties from the others.

“Whereas by Indenture…”. The next two paragraphs begin explaining the background. By an earlier Indenture in 1820, Benjamin Houghton assigned certain properties, securities, and household goods to Martin Wright and Isaac Pearce. These included two “messuages or Dwelling houses”.

“To hold the same…” In fact, as we learn in the fourth paragraph, he was setting up a Trust, with those two gentlemen as the trustees. This Trust was to last for a period of ninety-nine years after the death of his nephew, another Benjamin Houghton. There was a Lydia Houghton who would have entered into the calculation, but she was already dead by the time these words were being written. One of the conditions of the Trust was that Benjamin Houghton senior would continue to enjoy and get the benefit of the properties which he was assigning, as long as he lived.

“And from and after his death…” The other main condition was that after his death the two trustees would take sums of money out of these effects and pay them to individuals named in the earlier document, and then distribute what was left to the other people named. In other words, this was an indirect way of making a will, with Martin Wright and Isaac Pearce acting as Benjamin Houghton’s executors. (Inconveniently for us, this document doesn’t repeat the details of the distributions.)

There followed a series of deaths. Isaac Pearce died, so he drops out of the picture.

Benjamin Houghton died in June 1828. The 1820 Trust was probably intended to include most of his property, and he did not make any other will. However, his brother Charles Houghton was given rights of “administration” to deal with any of his goods that happened not to be included in the earlier Trust. The law likes to make sure loose ends are tied up.

Charles Houghton himself then died, a few months later, “in or about the month of September” . That is a very sad phrase, suggesting such an isolated life that nobody was even sure of the exact month of his death. He did leave a will, leaving everything he had (which must include whatever he inherited from Benjamin) to Charlotte Dingle. My best guess is that Charlotte Dingle was Charles Houghton’s daughter.

My theory is that Charlotte was also the main intended beneficiary of the 1820 Trust. That seems to be the best way of explaining why her “concurrence consent and approbation” was needed for the sale of the properties. It would also explain why this document bothers to recount the Benjamin-Charles-Charlotte line of inheritance. The point would be that Charlotte receives the properties by both routes, so it does not matter which one applies.

“And whereas the said Martin Wright…”, carrying out his duties as trustee, “caused a public auction to be holden at the house of Anne Pentreath, Innkeeper” in order to sell the properties, as a single lot. I love the way this elaborately written paragraph (or paragraph-long sentence) ends with the glorious anti-climax of “consequently the same were not sold at the said auction”. The bids did not reach the amount he was looking for.

It would have been good, incidentally, to know a little more about Anne Pentreath. She is probably the same person who signs as a witness under the name “Anne Parker”, together with Peter Pentreath. It may be that Peter was her aged father or her brother, and she was popularly known by her maiden name. Or he might have been her common-law husband, so that she took his name in popular usage. Or her son by a previous marriage. Either way, it is Anne, not Peter, who is identified as the Innkeeper. I bet she was quite a character.

After the failed auction, Martin Wright and the Dingles made a private arrangement to sell the properties to John Reynolds, who was willing and able to cough up the twenty-five pounds they were looking for. John is called a “writer”, and I think this means that he was a “law writer”, employed by a legal firm in the preparation of documents. I hazard a guess that John himself drew up, or at least wrote out, the same document that I’ve been transcribing. Certainly there doesn’t seem to be any other legal representative in the small party which gathered for the signing of the Indenture, namely Martin, John Dingle, John Reynolds, and the two Pentreaths. Presumably they were meeting at the Inn again.

On the next page, the two main properties being sold are named as “Wingoes Cellar” (but I’m not absolutely sure about that “W”) and the house “formerly known as Martin Cranchan’s house”. The rest of the document is the legal act of sale, going to great lengths to eliminate every possible future doubt about the property rights which John Reynolds is acquiring. Although, strictly speaking, they only last for a period of ninety-nine years after the death of Benjamin Houghton the nephew.

The end-results are;
Martin Wright has discharged his legal duties.
Charlotte Dingle and her husband have converted their inheritance into a useful capital sum.
John Reynolds has gained a nice little property portfolio just round the bay from Penzance.
“Proper job”, as my grandfather would have said.

And to anyone who would like to read the story in the original wording-
Please brace yourselves for the next couple of pages.

THIS INDENTURE MADE the first day of December one thousand eight hundred and twenty-eight BETWEEN Martin Wright of the village of Mousehole in the parish of Paul in the county of Cornwall fisherman of the first part
John Dingle of the parish of Pelynt in the said county farmer and Charlotte his wife of the second part
And John Reynolds of the town of Penzance in the same county , writer of the other part

WHEREAS by Indenture dated the tenth day of June one thousand eight hundred and twenty and made between Benjamin Houghton then of Mousehole aforesaid, gentleman, since deceased, and Isaac Pearce then of the same village (also since deceased) and the said Martin Wright of the other part for the considerations therein expressed certain articles of Household furniture Goods Monies Securities for money and other effects of which the said Benjamin Houghton was then possessed or entitled to were assigned transferred and set over by the said Benjamin Houghton unto the said Isaac Pearce and Martin Wright their executors administrators and assigns upon certain Trusts therein mentioned

AND all those the two messuages or Dwelling Houses Tenements and premises with the appurtenances herein after described and intended to be hereby assigned and all the Estate Right Title term and number of years trust property claim and demand whatsoever both at Law and in Equity or in anywise howsoever of him the said Benjamin Houghton of in or to the same or any part or parcel thereof
were by the same Indenture bargained sold assigned transferred and setover by the said Benjamin Houghton unto the said Isaac Pearce and Martin Wright

TO HOLD the same to them their executors administrators and assigns from thenceforth for and during all the residue and remainder of a certain term of ninety nine years then determinable on the several deaths of Benjamin Houghton the son of Charles Houghton and nephew of the said Benjamin Houghton deceased and Lydia Houghton, since deceased, under the payment of the yearly rent and performance of the Covenants Conditions and agreements in the original Indenture of Lease thereof mentioned reserved and contained upon Trust as to the said premises intended to be hereby assigned to permit and suffer the said Benjamin Houghton party to the now reciting Indenture and his assigns to have hold and enjoy the same and to receive and take the rents and profits thereof and of every part thereof to and for his and their own use and benefit for and during so many years of the said term as he the said Benjamin Houghton should happen to live

And from and after his death upon trust as to the said premisesand all other the property and effects thereby expressed to be assigned that they the said Isaac Pearce and Martin Wright their executors administrators and assigns did as should by and out of the same premises Monies Goods and Chattels thereby assigned pay divers sums of money therein mentioned unto and amongst the several persons therein named for the uses and purposes and in manner therein expressed and after payment thereof respectively Then as to the residue of the said premises Monies Goods Chattels and Effects therein expressed to be assigned upon certain other Trusts in the said now reciting Indenture mentioned expressed and declared of and concerning the same


AND WHEREAS the said Isaac Pearce departed this life in the lifetime of the said Benjamin Houghton, deceased, leaving the said Martin Wright his Co-Trustee him surviving

AND WHEREAS the said lastnamed Benjamin Houghton departed this life on the seventeenth day of June one thousand eight hundred and twenty eight and since his death administration of his goods chattels and credits as were not included in or would not pass under the said Recited Indenture has been granted by the Archdeaconry Court of Cornwall to the said Charles Houghton his then only surviving brother and next of kin


AND WHEREAS the said Charles Houghton the administrator departed this life in or about the month of September last past having shortly before his death made and published his last Will and Testament in writing duly executed and attested whereby (amongst other things) he gave devised and bequeathed all the Freehold and Leasehold Hereditaments and premises of which he was possessed or entitled to in anywise howsoever at the time of his death unto the said Charlotte Dingle her Heirs Executors Administrators and assigns for ever according to the different tenures thereof to and for her and their own use and benefit and nominated and appointed the said Charlotte Dingle the sole Executrix of his said will and died without revoking or altering the same which will hath since his death been proved in the Archdeaconry Court of Cornwall by the said Charlotte Dingle who with the said John Dingle her husband have taken upon themselves the burthen of the execution thereof.

AND WHEREAS the said Martin Wright upon the death of the said Benjamin Houghton, deceased, at the request of the said Charles Houghton, as such administrator as aforesaid accepted of the Trusts reposed in him as such surviving Trustee as aforesaid and hath taken upon himself the burthen of the execution thereof so far as the same can or may be exercised and carried into effect and the same Martin Wright in exercise and execution of the same Trusts caused a public auction to be holden at the House of Anne Pentreath, Innkeeper, in the said village of Mousehole on the fifteenth day of November last past for the purpose of selling the said Messuages or Dwelling Houses Tenements or premises hereinafter described and intended to be hereby assigned for the residue of the term Interest and Estate then to come and unexpired therein at which auction the sum of twenty three pounds only was offered for the said premises and consequently the same were not sold at the said auction

AND WHEREAS the said Martin Wright as such surviving Trustee as aforesaid and in further exercise and execution of the Trusts aforesaid hath with the concurrence consent and approbation of the said John Dingle and Charlotte his wife contracted and agreed with the said John Reynolds for the absolute sale to him of all and singular the premises hereinafter described with the appurtenances thereof for the residue of the said term of ninety nine years which is now determinable on the death of the said Benjamin Houghton, the nephew, at or for the price or sum of twenty five pounds

NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and for and in consideration of the sum of twenty five pounds of lawful English money by the said John Reynolds in hand paid to the said Martin Wright at or before the execution hereof the receipt wherof is hereby fully acknowledged He the said Martin Wright in pursuance and exercise and execution of the Trusts power and authority in him vested or to him given in and by the same recited Indenture of Assignment and of all other Trusts powers and authorities whatsoever enabling him in this behalf HATH by and with the concurrence consent and approbation of the said John Dingle and Charlotte his wife, testified, by their severally being parties to and exercising these presents) granted bargained sold assigned transferred and set over and by these presents DOTH grant bargain sell assign transfer and set over; And the said John Dingle and Charlotte his wife (according to their estate and Interest in these premises hereby assigned and as far as they can or lawfully may HAVE and each of them HATH granted bargained sold assigned transferred set over and confirmed and by these presents DO and each of them DOTH grant bargain sell assign transfer set over and confirm unto the said John Reynolds his executors administrators and assigns

ALL that Messuage or Dwelling House with the cellar thereto adjoining formerly called Wingoes Cellar and the pieces or plots of ground thereto belonging or heretofore held and occupied therewith situate in the village of Mousehole aforesaid now in the several occupations of Stephen Blewel and Rolly Carey and also all that small Messuage or Dwelling House formerly called Martin Cranchan’s House with the Garden thereto adjoining and belonging situate in the village of Mousehole aforesaid , some years ago in the occupation of Charles Simmons and now unoccupied Together with all houses outhouses ways paths passages lights casements advantages rights members and appurtenances whatsoever to the several premises hereby assigned or expressed and intended so to be or either of them or any part thereof respectively belonging or in anywise appertaining And all the Estate and Estates right title term and number of years yet to come and unexpired use trust possession property benefit claim and demand whatsoever both at Law and in Equity or otherwise howsoever of them the said Martin Wright, John Dingle and Charlotte his wife or either of them of in to or out of the same premises and every or any part or parcel thereof

TO HAVE AND TO HOLD all and singular the said several messuages or dwelling houses cellar garden pieces or plots of ground and premises with the appurtenances unto the said John Reynolds his executors administrators and assigns from the day of the date hereof for and during all the rest residue and remainder of the said term of ninety years therein yet to come and unexpired determinable as aforesaid under and subject only to the payment of a fair and equal proportion of the Conventionary Rent and other dues reserved and made payable in and by the original indenture of Lease of (amongst other premises) the said premises hereby assigned and subject to the Covenant in the same Lease contained




AND the said Martin Wright for himself his heirs executors and administrators and the said John Dingle for himself and for the said Charlotte his wife she hereby consenting thereto their heirs executors and administrators do and each of them doth hereby covenant promise and declare to and with the said John Reynolds his executors administrators and assigns that they the said Martin Wright and John Dingle and Charlotte his wife have not nor hath either of them at any time heretofore made done committed omitted permitted or suffered any act deed matter or anything whatsoever whereby or by reason or means whereof the said premises hereby assigned or any part thereof or the said Indenture of Lease thereof are is can shall or may be forfeited surrendered charged prejudiced affected or incumbered in any manner howsoever

AND ALSO that it shall and may be lawful for the said John Reynolds his executors administrators and assigns at all times hereafter during all the residue now to come and unexpired of the said term of ninety nine years determinable as aforesaid quietly and peaceably to have hold use occupy possess and enjoy all and singular the said premises hereby assigned or mentioned and intended so to be with the appurtenances and to receive and take the rents issues and profits thereof and of every part and parcel thereof to and for his and their own use and benefit free from all incumbrances whatsoever (except as aforesaid) without the lawful let suit interruption claim entry or denial of the said Martin Wright John Dingle and Charlotte his wife or any or either of them or any person or persons whomsoever claiming or to claim by from or under them or either of them or by from or under the said Benjamin Houghton and Charles Houghton, deceased, or any or either of them or any other person or persons whomsoever.

IN WITNESS THEREOF the parties aforesaid to these presents - being first duly stamped) their hands and seals have at the day and year first above written;-

[signatures] Martin [seal] Wright John Dingle [seal] [space for third seal left unused]

[Re “duly stamped”;
A large rectangular stamp of one pound value has been attached to the upper left corner of the text.
At the same point on the reverse of the document, the point of attachment is covered by a smaller stamp, bearing the number “45” and the king’s initials “GR IV”.]

[On other side of sheet, first paragraph below bracketed opposite the second]

SIGNED SEALED AND DELIVERED
By the within named Martin Wright in the presence of us
Peter Pentreath
Ann Parker

Received the day and year first within written of and from the within named John Reynold the sum of twenty five pounds in full of the consideration within expressed to be paid by him to me. Witness my hands
Martin Wright
Witness
Peter Pentreath
Ann Parker


[On outside of folded sheet]

DATED 1st Dec 1828


Mr Martin Wright and others .............ASSIGNMENT

To .............................................. of PREMISES

Mr Jno Reynolds .............................. in MOUSEHOLE

CONSON… £25

reply to post by DISRAELI


So all's well that ends well (if I read that right!).
Our cottage was built in 1850 and we have the deeds from it's build date. It's a fascinating document of history.

Are you related to any of the people on the indenture?

S&F

reply to post by beansidhe

None of the people named are among my ancestors.
I think my mother's family must have acquired the properties and the deed later on, from John Reynolds or his successors.
As I read the document, the purchaser's title would have expired anyway around the middle of the twentieth century, ninety-nine years after the death of Benjamin Houghton junior.
Anyway the properties were not part of the estate my grandfather left (1974).