Tripartite indenture dated 12th October 1770 between John Cruwys of Cruwys Morchard, Thomas Putt and
Samuel Newte of the first part, Charles Evelyn of Totnes and
Philippa his wife of the second part and William Mann yeoman of
Broadhempston of the third part
Transcribed by Debbie Kennett
The original indenture is in a private collection. The document is written in black ink on vellum and measures 69 cm by 44 cm (27¼ inches by 17¼ inches). The four signatures all have red wax seals.
This Indenture Tripartite Made the Twelfth Day of October in the Tenth Year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and in the year of our Lord one thousand seven hundred & Seventy Between John Cruwys of Cruwys Morchard in the County of Devon Clerk Eldest Son & Heir at Law of Samuel Cruwys late of the same place Esquire deceased who was the Eldest Brother & heir at Law of Henry Cruwys late of Hillersdon1 in the said County of Devon Esquire deceased Thomas Putt & Samuel Newte the surviving Devisees of all the Lands Tenements and Hereditaments whatsoever of the said Henry Cruwys in the said County of Devon of the first part Charles Evelyn of Totnes in the said County of Devon Esquire (Son and only surviving Child of Charles Evelyn late of the parish of St. Margaret Westminster in the County of Middlesex Esquire by Susanna his wife both deceased) and Philippa his wife of the second part and William Mann of the parish of Broadhempston in the said County Yeoman of the third Part Whereas by Indentures of Lease & Release bearing Date respectively the Seventeenth & Eighteenth Days of November one thousand Seven hundred and thirty two the Release being Tripartite and made between the said Susanna Evelyn by her then Name and Description of Susanna Prideaux Spinster of the first part the said Charles Evelyn the Father of the second part Phineas Cheeke Esquire and the said Henry Cruwys deceased of the third part previous to & in consideration of the Marriage then intended and which was afterwards solemnized between the said Charles Evelyn the Father and Susanna his Wife2 for settling (amongst other Things) the third part and premisses hereinafter released or mentioned or intended so to be She the said Susanna Did grant & release the same unto & to the use of the said Phineas Cheeke & Henry Cruwys their Heirs and Assigns forever To & for the several Intents & purposes therein declared mentioned & expressed of and concerning the same And whereas the said Charles Evelyn party hereto was & is the Eldest Son and only surviving Child of the said Charles Evelyn and Susanna his wife deceased and by Means thereof & by Virtue of the Settlement and Disposition of the said premisses in & by the aforesaid Indenture of Release of the Eighteenth Day of November one thousand seven hundred & thirty two or otherwise was lately, to wit, before & until the tenth Day of May one thousand seven hundred and sixty Eight equitably intitled unto the Feesimple & Inheritance of the said third part and premisses when being so seized he Did in Consideration of the Sum of one hundred & five pounds of lawfull Money of Great Britain grant and release the same third part of the same premisses unto and to the use of the said William Mann his Heirs & Assigns forever But the legal Estate of & in the said third part & premisses is still remaining in them the said John Cruwys Thomas Putt & Samuel Newte some or one of them by Virtue of or under the aforesaid Indentures of Lease & Release of the Seventeenth and Eighteenth days of November one thousand seven hundred and thirty two or by or under the will of the said Henry Cruwys (who survived the said Phineas Cheeke) And therefore the said Charles Evelyn hath requested the said John Cruwys Thomas Putt & Samuel Newte to convey the same to the said William Mann his Heirs & Assigns for the compleating & confirming his & their Title of in & to the same third part & premisses & in Manner & Form as hereinafter mentioned & expressed Now this Indenture Witnesseth That in pursuance of such Request & for & in Consideration of ten Shillings of lawfull Money of Great Britain by the said William Mann to the said John Cruwys Thomas Putt & Samuel Newte in Hand paid at or before the Sealing & Delivery of these presents the Receipt whereof is hereby acknowledged They the said John Cruwys Thomas Putt & Samuel Newte have bargained sold released and confirmed and by these presents Do (by the Direction and Appointment of the said Charles Evelyn and Philippa his wife testified by their parties hereto and Sealing & Delivery of these presents) bargain sell release and confirm unto the said William Mann (in his actual possession now being by Virtue of a Bargain & Sale to him thereof made by the said John Cruwys Thomas Putt & Samuel Newte in Consideration of five Shillings by Indenture bearing Date the Day next before the Day of the Date of these presents for one whole year com[m]enceing from the Day next before the Day of the Date of the same Indenture of Bargain & Sale and by Force of the Statute for transferring of Uses into possession) and his Heirs All that full and undivided third Part or Share late of him the said Charles Evelyn (the whole into three equal parts to be divided) of and in All that the Moiety or Halfendeal of a Messuage or Tenement with the Appurtenances com[m]only called or known by the Name of Downe situate within the parish of Broadhempston aforesaid and now in the possession of the said William Mann or his Tenants And also one undivided third part (the whole into three parts to be divided) of the Moiety or Halfendeal of one Cyder Wring and Pound to break Apples in, and all other Things thereunto belonging Together with one third part of All Houses Edifices Buildings Barns Stables Shippings Yards Courtlages Gardens Orchards Nurseries Closes & parcels of Land Meadow & pasture Ways paths passages Waters Watercourses Easements profits Commodities Emoluments and Hereditaments whatsoever to the said Moiety or Halfendeal of the said Tenement Cyder Wring and Apple pound hereinbefore bargained sold released and confirmed or intended so to be belonging or in anywise appertaining or now or at any Time heretofore accepted reputed had taken or known to be part parcel or Member thereof And the Reversion & Reversions Remainder and Remainders Rents Duties and Services thereof and of Every part thereof And All the Estate Right Title Interest property Claim & Demand whatsoever of them the said John Cruwys Thomas Putt & Samuel Newte of in and to the same premisses To have and To hold the said undivided third Part of the Moiety or Halfendeal of the said Messuage or Tenement and other the said premisses hereinbefore bargained sold released & confirmed or intended so to be with the Appurtenances unto the said William Mann his heirs and Assigns To the only proper use & behoof of the said William Mann his Heirs & Assigns forever And the said John Cruwys Thomas Putt & Samuel Newte for themselves their Heirs Executors and Administrators do hereby severally but not jointly nor the one for the other or for the Heirs Executors or Administrators the one of the other but each for himself his Heirs Executors and Administrators only covenant promise and agree to and with the said William Mann his Heirs and Assigns That they the said John Cruwys Thomas Putt & Samuel Newte have not made done remitted or executed any Act Matter Deed or Thing whatsoever whereby or wherewith or by Reason or Means whereof the premisses hereinbefore mentioned or intended to be hereby released or any part thereof are is shall or may be in any wise impeached charged or incumbred in Title Charge Estate or otherwise howsoever In Witness whereof the parties to these presents (being first duly stampt) their Hands and Seals interchangeably have sat the Day and Yeare first above written.
John Cruwys [signature and seal]
Thomas Putt [signature and seal]
Samuel Newte [signature and seal]
Charles Evelyn [signature and seal]
1 Hillersdon is a manor in the parish of Cullompton.
2 Charles Evelyn and Susanna Prideaux married on 23rd November 1732 in Newton St Cyres.