Dated 24^th May 1945

PENROSE SURVEY No. 105 pt.

J Lionel Rogers Esq. to C E Elliston Esq.

Conveyance of a piece of freehold land at Gravesend Porthleven Helston in the County of Cornwall

This Indenture made the twenty fourth day of May One thousand nine hundred and forty five BETWEEN John Lionel Rogers of Penrose in the County of Cornwall Esquire (hereinafter referred to as “the Vendor”) of the first part THE VENDOR and John Percival Rogers of the Boroughs of Helston and Falmouth in the said County of Cornwall Solicitor (hereinafter referred to as the Trustees) of the second part and Chatterton Eric Elliston of Pentre Porthleven in the said Borough of Helston Doctor of Medicine (hereinafter called “the Purchaser”) of the third part WHEREAS John Peverell Rogers of Penrose aforesaid retired Captain in the Royal Artillery duly made and executed his last will and testament on the Seventh day of May One thousand nine hundred and twenty six whereby after appointing his son the Vendor and his brother Frederick Evelyn Rogers to be executors and trustees thereof and trustees thereof for the purposes of the Settled Land Act 1925 and bequeathing certain pecuniary and specific legacies of personal estate in favour of his wife Maria Adelaida Rogers and other persons as therein mentioned the testator devised his right of wreck as lord of the manors of Penrose Carminowe and Winnianton and his Duchy Manor of Helston in Kerrier and all othe his manors and real estate whatsoever and wheresoever  or over which he might have any disposing power (except estates vested in him as trustee or mortgagee) and bequeathed all the residue of his personal estate whatsoever and wheresoever subject to any incumbrances affecting the same or any part thereof at his death and also subject in aid of his personal estate to the payment of his debts and funeral and testamentary expenses and any legacies bequeathed by that his will or any codicil thereto unto the Vendor during his life without impeachment of waste and from and after his decease unto his eldest son in tail male with divers remainders over AND WHEREAS the said John Peverell Rogers duly made and executed a codicil on the Twenty first day of June One thousand nine hundred and twenty six to his said will whereby he bequeathed a certain pecuniary legacy AND WHEREAS the said Maria Adelaida Rogers predeceased the said John Peverell Rogers and died on the Seventeenth day of June One thousand nine hundred and twenty eight AND WHEREAS the said John Peverell Rogers died on the Twenty first day of August One thousand nine hundred and twenty eight seised of amongst other hereditaments the hereditaments hereinafter described and intended to be hereby conveyed for an estate in fee simple in possession free from incumbrances and without having altered or rev oked his said codicil which were duly proved by on the AND WHEREAS by a vesting assent under their hands dated the fifteenth day of July One thousand nine hundred and twenty nine the Vendor and the said Frederick Evelyn Rogers in the Bodmin District Probate Registry of His Majesty’s High Court of Justice first day of March One thousand nine hundred and twenty nine AND WHEREAS by a vesting assent under their hands dated the fifteenth day of July One thousand nine hundred and twenty nine the Vendor and the said Frederick Evelyn Rogers assented to the devise of the said hereditaments by the said will made in favour of the Vendor upon the trusts of the settlement created by the said will and declared that the Vendor and the said Frederick Evelyn Rogers were the trustees of the said settlement for the purposes of the said Settled Land Act 1925 AND WHEREAS by an indenture dated the third day of October One thousand nine hundred and thirty four and made between the Vendor and the said Frederick Evelyn Rogers of the one part and the said John Percival Rogers of the other part it was declared that the Trustees  and the said Frederick Evelyn Rogers were the trustees of the said settlement for the purposes of the said Settled Land Act 1925 AND WHEREAS by an indenture dated the twenty ninth day of July One thousand nine hundred and thirty six and made between the Trustees of the one part and the said Frederick Evelyn Rogers of the other part it was declared that the Trustees were the trustees of the said settlement for the purposes of the said Settled Land Act 1925 AND WHEREAS the Vendor as such trustee and estate owner as aforesaid hath contracted and agreed with the Purchaser for the absolute sale to the Purchaser of the said hereditaments hereinafter described and intended to be hereby conveyed and the fee simple thereof in possession subject as hereinafter mentioned but free from incumbrances at the price of twenty five pounds

NOW THIS INDENTURE made in pursuance of the said contract and agreement and in consideration of the sum of twenty five pounds on or before the execution of these presents paid by the Purchaser by the direction of the Vendor to the Trustees as such trustees as aforesaid the receipt whereof the trustees do hereby acknowledge and the payment whereof in manner aforesaid the Vendor doth hereby acknowledge WHITNESSETH as follows:-

1. THE VENDOR as trustee by virtue of the powers vested in him by the Settled Land Act 1925 and of every and other powers enabling him in this behalf doth hereby convey unto the Purchaser ALL THAT plot or piece of ground situate at Gravesend Porthleven in the said Borough of Helston now or lately in the occupation of Joh Quick Tregembo and for purposes of identification only and not of enlargement limitation or restriction delineated in the plan drawn hereon and therein coloured marginally red Excepting nevertheless and hereout reserving all mines metals within or under the said hereditaments with power for the vendor his successors in title under the said settlement and his and their lessees tenants and workmen and any other person or persons entitled so to do to enter upon or under the said hereditaments or any part thereof to dig search for work and carry away the said mines metals or minerals or any similar mines metals and minerals within or under any other property of the Vendor in the said County of Cornwall the Vendor and his successors in title making reasonable compensation to the Purchaser or the successor in title of the Purchaser and the lessees and tenants of the Purchaser and of the successors in title of the Purchaser for any buildings or land part of the said hereditaments that maybe damaged or destroyed in or about the exercise of such powers the amount of such compensation in case of dispute to be settled by arbitration in accordance with the provisions of the Arbitration Act 1889 or any other statutory modification or re-enactment thereof for the time being in force TO HOLD unto the Purchaser in fee simple discharged from the trusts of the said settlement.

2. THE PURCHASER for the Purchaser and successors in title of the Purchaser doth hereby covenant with the Vendor and his successors in title the owner or owners for the time being of the other hereditaments of or to which the Vendor is now seised possession or entitled at law or in equity in fee simple in manner following that is to say:-

(1) That the Purchaser and the successors in title of the Purchaser will not permit plant or grow on the said plot or piece of ground hereby conveyed or any part thereof any tree or shrub above ten feet in height or so as to impede or interfere with the view of any of the houses in the neighbourhood of the said hereditaments.

(2) That the Purchaser and the successors in title of the Purchaser will not do or suffer upon the said plot or piece of ground or any part thereof anything which shall or may be or become or grow to a public or private nuisance or a damage disturbance annoyance or grievance to any owner or occupier of land or buildings for the time being in the neighbourhood of the said hereditaments nor use any messuage dwellinghouse or building which may hereafter be erected or built upon the said plot or piece of ground nor suffer the same to be used for any other purpose than as a private dwellinghouse.

(3) That the Purchaser and the successors in title of the Purchaser will pay a fair and just proportion of all the costs charges and expenses for constructing renewing and maintaining all roads pathways sewers drains and watercourses for the use of the Purchaser and the successors in title of the Purchaser in common with the owners or occupiers of any dwellinghouse now or hereafter to be rerected on any part of the estate of the Vendor adjoining or contiguous to the said hereditaments hereby conveyed such proportion to be settled by the Vendor and his successors in title to the said estate of his or their surveyor for the time being and the expense of keeping such roads and sewers in repair to be borne by the Purchaser and the successors in title of the Purchaser until the said roads and drains shall have been taken over by the parish or other local authority.

(4) That the Purchaser or the successors in title of the Purchaser shall construct and keep a main drain from any messuage or dwellinghouse or building which may hereafter be erected or built upon the said plot or piece of ground to the main sewer on being requested so to do by the Vendor or his successors in title or his or their agent.

3. THE TRUSTEES do hereby acknowledge the right of the Purchaser to the production and to delivery of copies of the probate of the said will and codicil possession whereof is retained by the Trustees.

4. THE VENDOR doth hereby acknowledge the right of the Purchaser to the production and to delivery of copies of the said vesting assent and the said indenture of the third day of October One thousand nine hundred and thirty four and the twenty ninth day of July One thousand nine hundred and thirty six possession whereof is retained by the Vendor and doth hereby undertake for the safe custody thereof.

5. IT IS HEREBY CERTIFIED AND DECLARED that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds five hundred pounds.

IN WITNESS whereof the said parties hereto their hands and seals have set the day and year first before written.

 

SIGNED SEALED and DELIVERED by the said John Lionel Rogers in the presence of J H Pearce Estate Clerk Helston

 

SIGNED SEALED and DELIVERED by the said John Percival Rogers in the presence of E G Thomas Clerk to Messrs R Rogerson Solicitors Helston

 

SIGNED SEALED and DELIVERED by the said Chatterton Eric Elliston in the presence of J H Pearce Estate Clerk Helston