Tripartite indenture between John Callard, Mary Short, Nicholas Hole and John Dillon

1st July 1760

North Devon Record Office catalogue reference 1178M/T32

Transcribed by Debbie Kennett

This indenture is one of a collection of deeds relating to Lower Hacknell Farm in Burrington covering the period from 1684 to 1830. The property was referred to as "Hertnyll" in 1684 and as "Hecknyll, Lower Hecknyll, Indley or Ingley" in 1772. The property was partitioned between the two then owners in 1685. This transcription has been prepared from digital photographs of the original document which were kindly supplied by the North Devon Record Office.

This Indenture Tripartite made the first day of July in the thirty fourth year of the Reign of his Majesty King George the Second and in the year of our Lord Christ one thousand Seven hundred and Sixty Between John Callard of Burrington in the County of Devon Blacksmith of the first part & Mary Short of the same place Spinster of the Second part and Nicholas Hole of Burrington aforesaid Clerk and John Dillon of the same place Mason of the third part Whereas a Marriage is intended (by God's Permission) to be Shortly had and Solemnized by and between the said John Callard and Mary Short Now this Indenture Witnesseth That in Considerac[i]on of the said intended Marriage and for making some provision for the said Mary Short in case the said Marriage shall take Effect and she shall happen to Survive the said John Callard her intended husband and also in Considerac[i]on of five Shillings of lawfull Money of Great Britain to the said John Callard in hand paid by the said Nicholas Hole and John Dillon at and before the Execuc[i]on hereof (The Receipt whereof is hereby acknowledged) he the said John Callard hath demised leased and granted and by these Presents Doth demise lease and grant unto the said Nicholas Hole and John Dillon their Ex[ecut]ors Adm[inistrat]ors & assigns All that the Moiety or Halfendeal (the whole in two equal parts divided or to be divided) of All that Tenement com[m]only called or known by the Name of Lower Hecknell Situate lying and being in Burrington aforesaid Together with all houses Edifices Gardens Orchards Lands Pastures Woods Com[m]ons Ways Paths Waters and Watercourses Easements Profits Com[m]odities Advantages and appurtenances whatsoever to the said Moiety or Halfendeal of the said Tenement belonging or in anywise appertaining or therewith held used occupied or enjoyed at part parcel or Member thereof and late in the Possession of George Callard deceased and now of him the said John Callard To have and to hold the said Moiety or Halfendeal of the said Tenement and all and Singular other the Prem[is]es hereby demised and granted with their and every of their appurtenances unto the said Nicholas Hole and John Dillon their Ex[ecut]ors Adm[inistrat]ors & assigns from henceforth for and during and unto the full End and Term of ninety nine years hence next ensuing and fully to be compleat and ended If the said Mary Short shall so long happen to live Yielding and paying therefore yearly and every year during the said Term unto the said John Callard his heirs and assigns the Rent of one Pepper Corn at the Feast of the Birth of our Lord Christ (if the same shall be demanded) And it is hereby declared and agreed by and between the said parties to these presents that the said Moiety or Halfendeal of the said Tenement and all and Singular other the Prem[is]es with the appurtenances hereby demised and granted unto the said Nicholas Hole and John Dillon their Ex[ecut]ors Adm[inistrat]ors and assigns are and were demised and granted unto them upon such Trust and to and for such Ends Intents and Purposes as are hereinafter menc[i]oned and declared of and concerning the same (that is to say) In Trust for the said John Callard his heirs & assigns untill the Solemnizac[i]on of the said intended Marriage And from and after the Solemnizac[i]on thereof Then in Trust that they the said Nicholas Hole and John Dillon and the Survivor of them and the Ex[ecut]ors and Adm[inistrat]ors of such Survivor shall and will permit and Suffer the said John Callard and his assigns peaceably and quietly to have hold possess and enjoy all and Singular the said Prem[is]es hereby demised and granted and receive and take the Rents Fines and Profits thereof to his and their own use and uses from Time to Time and at all Times for and during so many years and such Time of the said Term of ninety nine Years determinable as aforesaid as he the said John Callard shall happen to live And from and after the decease of the said John Callard shall and will permit and Suffer the said Mary Short and her assigns (in Case the said intended Marriage shall take Effect and she shall happen to survive and outlive the said John Callard her intended husband) peaceably and quietly to have hold possess and enjoy all and Singular the said Prem[is]es hereby demised and granted and receive and take all the Rents Issues and Profits thereof to her and their own use and uses from Time to Time and at all Times for and during all the Residue and Remainder of the said Term of ninety nine years which shall be then to come and unexpired determinable as aforesaid In full Bar Lieu and Recompence of and for all such Dower Title of Dower and Thirds at Com[m]on Law as the said Mary Short shall or may have claim or challenge of or in all or any Messuages Lands Tenements or Hereditaments whereof the said John Callard shall be seized at any Time during the coverture between him and the said Mary Short and to for or upon no other Trust use Intent or Purpose whatsoever And the said John Callard doth hereby for himself for his Heirs Ex[ecut]ors & Adm[inistrat]ors covenant promise and agree to and with the said Nicholas Hole and John Dillon their Ex[ecut]ors Adm[inistrat]ors and every of them That they the said Nicholas Hole and John Dillon their Ex[ecut]ors Adm[inistrat]ors and assigns shall and may during all the said Term of ninety nine years determinable as aforesaid peaceably and quietly stand interested of and in and have hold use occupy possess and enjoy all and Singular the said premises hereby before demised and granted and every part and parcel thereof with the Appurten[an]ces upon such Trust and to and for such Intents and Purposes as are hereinbefore menc[i]oned and declared of and concerning the same without the least Let Suit Trouble or Denial of or by him the said John Callard his Heirs Ex[ecut]ors Adm[inistrat]ors or Assigns or of or by any other person or persons whomsoever lawfully claiming or to claim by from or under him them or any of them Provided always and it is hereby declared and agreed by and between all the said parties to these presents that it shall and may be lawfull to and for the said Nicholas Hole and John Dillon their Ex[ecut]ors & Adm[inistrat]ors from Time to Time to Satisfy and reimburse themselves respectively by and out of the Rents Issues and Profits of the said Trust Estate all such Costs Charges Expenses Sums of Money & Damages as they or other of them shall or may necessarily pay lay out expend Sustain or be put unto for or by Reason or Means of the Trusts hereby in them reposed or the Management or Execuc[i]on therof And also that they the said Trustees or either of them their or either of their Ex[ecut]ors or Adm[inistrat]ors shall not be answerable for any Loss that may happen but what shall so happen through his or their own wilfull Act Neglect or Default And neither of them shall be answerable for the Act Neglect or Default of the other of them In Witness whereof the said parties to these presents have hereunto Interchangeably set their Hands and Seals Dated the day and year first above written

John Callard [signature]

Mary Short [the mark of]

Nicholas Hole [signature]

[The last signature, which is presumably that of John Dillon, is so faint that it is impossible to read]

Transcriber's Notes:
John CALLARD was the son of Roger CALLARD and Susanna FORD. He was baptised on 24th January 1738 in Burrington. John CALLARD and Mary SHORT married on 28th October 1760 in Burrington.

John DILLON married Dorothy BATT on 21st July 1755 in Burrington. He was buried on 21st May 1802 in Burrington. Dorothy DILLON was buried on 31st October 1811 in Burrington.