Marriage Settlement
Between John Benson and Grace Melhuish (1732)

Devon Record Office ref: 56/8/2/18a and 18b 

Transcribed by David Carter 2022

[Implied letters in brackets have been added by the transcriber. Spelling remains verbatim]

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Transcribers notes:

John Benson the younger was the son of John Benson the elder and his wife Grace Melhuish (not the same Grace as John the younger was marrying). He was baptised on 18th May 1703 in Northam Parish Church.

Grace Melhuish was born and baptised on 24th April 1711, the son of Roger Melhuish, Lord of the Manor of Northam.

Their marriage took place on 8th January 1732/3 in Northam Parish Church.
They had no children, and John Benson died in August 1738 after only 5 years of marriage.

In 1741 Grace married again, to John Buck, who died in 1745.
In 1752, Grace married Thomas Saltren at Parkham.
She died in August 1772 and is buried at Parkham.

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Ref: 56/8/2/18a

This Indenture Tripartite made the Twenty Ninth Day of December in the Sixth yeare of the Reigne of our Soveraigne Lord George the Second by the grace of God of Great Brittaine France & Ireland, King Defender of the faith &c.

BETWEENE Grace Melhuishe of Northam in the County of Devon spinster of the first parte, John Benson of Northam aforesaid Esq of the second part, & Peter Benson of Northam aforesaid merch[an]t, Narcissus Hatherly the elder of Bideford in the said County gent of the third part.

WITNESSETH that the said Grace Melhuishe for & in consideration of the sum of five shillings of lawfull Brittish money to her in hand paid by the said Peter Benson & Narcissus Hatherly at & before the sealing & delivery thereof (the receipt whereof is hereby acknowledged) HATH bargained & sold & in & by these pr[e]sents Doth bargaine sell unto the said Peter Benson and Narcissus Hatherly, ALL that Capitall messuage Barton & Farme with the appurtenances called or com[m]only known by the name of Sedborough situate lying & being within the parish of Parkham in the said County of Devon, now in the possession of the said Grace Melhuishe her ten[an]ts or underten[an]ts.

And all that one messuage Dwelling house Courtlage & Garden with the appurtenances lying in Parkham aforesaid & adjoyning to a certain field or Close of Land called the Furse park parcell of the aforesaid Barton of Sedborough now or late in the possession of one William Rickard his assignee or assignes ten[an]t or underten[an]ts.

AND all those Closes & parcells of Land meadow & pasture with the appurtenances lying in Limeberry within the said parish of Parkham heretofore in the possesion of one Thomas Berryman & now in possesion of the same Grace Melhuishe her ten[an]t or underten[an]ts, AND the Reversion & Reversions Remainder & Remainders thereof.

TO HAVE AND TO HOLD unto the said Peter Benson & Narcissus Hatherly their ex[ecuto]rs adm[inistrato]rs & assigns from the day next before the day of the Date of these p[r]esents for & during the terme of one yeare thence next ensueing fully to be complete & ended YIELDING & paying thereof unto the said Grace Melhuishe her heirs & assignes, the rent of a peppercorn at the feast of St Michael the Archangell next ensuing the Date hereof if lawfully Demanded.

AND THIS INDENTURE FURTHER WITNESSETH that the said John Benson for & in consideration of the like sum of five shillings of like lawfull money to him also in hand paid by the said Peter Benson & Narcissus Hatherly at or before the sealing & Delivery hereof (the receit whereof is hereby acknowledged) HATH bargained & sold and by these pr[e]sents Doth bargaine & Sell unto the said Peter Benson & Narcissus Hatherly ALL that one messuage & tenem[an]t with the appurtenances lying in Northam Towne now or late in possession of one George Samm his ten[an]t or underten[an]ts.

And all that one Dwelling house with the appurtenances lying in the said p[ar]ish of Northam now or late in the possession of John Tracy his ten[an]t or underten[an]ts.

And also all that one Dwelling house with the appurtenances in Northam aforesaid now or late in possession of one Charles Kent his ten[an]t or underten[an]ts.

And all that one Dwelling house with the appurtenances lying in Northam aforesaid now or late in the possession of Thomasine Gorden her ten[an]t or underten[an]ts.

And all those six Closes of Land lying in Underborough within the said parish of Northam heretofore in possession of one John Day & John Roberts and now or late in the possesion of the said John Benson his ten[an]t or underten[an]ts.

And also all that one Barn two Shippings & one Courtlage lying in or near Northam Towne aforesaid now in the possession of the said John Benson his ten[an]t or underten[an]ts.

And all that one messuage & tenement with the appurtenances called of com[m]only known by the name of Broad al[ia]s Marshford situate lying & being within the said p[ar]ish of Northam and now or late in the possession of the said John Benson, Thomas Prout, Robert Rod, Thomas Aspinshaw & Walter Sloley some or one of them their some or one of their ten[an]t or underten[an]ts.

And all that one Messuage or Dwelling house lying in Northam Towne aforesaid now in possession of Edmond Yeo.

And all that Dwelling house Outhouses Garden & little field lying in Northam aforesaid late in the possession of Robert Skinner and which said last Dwelling houses mentioned to be in possession of Edmond Yeo & Robert Skinner were purchased of Philip Docton Esq. and the Revertion & Revertions Remainder & Remainders thereof.

TO HAVE AND TO HOLD unto the said Peter Benson & Narcissus Hatherly their exec[uto]rs adm[inistrato]rs & assignes from the Day of the Date of these pr[e]sents & During the full time & terme of one whole yeare thenceforth next ensuing & fully to be compleat & ended YIELDING & paying therefore unto the said John Benson his heires & assignes the rent of one peppercorn at the feast of St Michael the Archangell next ensuing if Demanded.

TO the intent that by virtue of these pr[e]sents & of the statute for transferring uses into possession They the said Peter Benson & Narcissus Hatherly may be in the ev[en]tuall possession of all & singuler the said pr[e]mises and be thereby enabled to accept & take a Grant & Relsease of the Revertion & Inheritance thereof to them & their Heirs for ever.

IN WITNESS wherof the parties aforesaid to thesse pr[e]sent Indentures their hands & seales interchangeably have sett the Day & Yeare first above written. Anno D[om]ino 1732.

[Signed] Grace Melhuishe
[Signed] Jno Benson

Ref: 56/8/2/18b

This Indenture Quadrupartite made the Thirtieth Day of December in the Sixth yeare of the Reigne of our Soveraigne Lord George the Second by the grace of God of Great Brittain France & Ireland King Defender of the Faith &c.

BETWEEN Grace Melhuishe of Northam in the County of Devon spinster of the first parte John Benson the elder of Northam aforesaid Esq of the second part, Peter Benson of Northam aforesaid merchant, Narcissus Hatherly the elder of Bideford in the said County gent of the third part and John Benson the younger of Northam aforesaid merchant (eldest son and Heire apparent of the aforesaid John Benson the elder) of the fourth part.

WITNESSETH that the said Grace Melhuishe for & in consideration of a marriage already agreed upon and shortly by God's permission to be had and Solempnized between the aforesaid John Benson the younger and her the said Grace Melhuishe, and of the Conveyance and Settlement of diversse the lands tenements & hereditaments of the said John Benson the Father hereinafter particularly mentioned, to the several uses intents & purposes and upon the several trusts hereinafter expressed, and also in consideration that the said John Benson the father hath agreed with the said Grace Melhuishe not only to give and pay unto his said son his Exec[uto]rs or Adm[instrato]rs the sum of one thousand pounds of lawfull Brittish money, at or before the end of three Calendar months next after the solempnization of such intended marriage, but also within one year next after the Solempnization of such intended marriage to yield and deliver to his said son his Exec[uto]rs or Adm[instrato]rs to his & their own use in absolute property, such goods and merchandizes of the said John Benson the Father in good condition and merchandizable as shall be at the time of such delivery of the value of one thousand pounds of British money, free of all duties customs freight & other deductions, and hath also agreed to give security by his own bond in a penalty to bear equal date herewith to his said son with Condition to pay yield & deliver respectively such money goods & merchandizes accordingly, and for the settling of the Barton & Farme & the several other messuages lands tenements & other the hereditaments of the said Grace Melhuishe herein after mentioned, to be scituate in the parish of Parkham in the said County of Devon in such sort and to such uses intents & purposes as are hereinafter expressed according to the agreements of the said intended marriage.

HATH granted bargained sold enfeoffed released and confirmed and in & by these pr[e]sents Doth grant bargain sall enfeoffe release and confirme unto the said Peter Benson and Narcissus Hatherly (in their actual possession now being by force and virtue of a deed of bargaine and sale to them thereof made for one year by the said Grace Melhuishe by indenture bearing date the day next before the day of the date hereof in consideration of five shillings therein mentioned and of the Statute made for transffering of uses into possession and to their heires.

ALL that Capital mesuage Barton & Farme with the appurtenances called or com[m]only known by the name of Sedborough scituate lying & being within the said parish of Parkham in the said County of Devon now in the possession of the said Grace Melhuishe her tenant or undertenants.

And all that one messuage dwelling house Courtlage & garden with the appurtenances lying in Parkham aforesaid and adjoining to a certain field or Close of Land called the Fursepark parcel of the aforesaid Barton of Sedborough now or late in the possession of one William Rickard his assignee or assigns tenant or underten[an]ts.

AND all those Closes & parcells of land meadow & pasture with the appurtenances lying in Limeberry within the said parish of Parkham heretofore in the possesion of one Thomas Berryman & now in possesion of the same Grace Melhuishe her tenant or underten[an]ts and all houses edifices buildings orchards gardens lands meadows pastures feedings Com[m]ons Com[m]on of pasture marches waters watercourses wasts ways paths easements profitts comiditoes advantages & appurtenances whatsoever to the said Capital messuage Barton & farme messuages lands tenements & p[re]misses or to any part or parcel thereof belonging or appertaining or therewith used occupied or enjoyed as part & parcel thereof or com[m]only reputed or taken as part & parcel thereof and the revertions remainder & remainders rents profitts suites & services of all & singuler the said p[re]mises with the appurtenances together with all Deeds evidences writings touching or concerning the said p[re]mises or any part or parcel thereof now in the custody or power of the said Grace Melhuishe.

TO HAVE AND TO HOLD the said Capital mesuage Barton & Farme and also the said mesuages lands & tenements & all other the p[re]mises with the appurten[a]nces unto the said Peter Benson & Narcissus Hatherly their heires & assignes for ever to for & upon the several uses trusts intents & purposes and under the limitations provisoes & conditions hereafter in these pr[e]sents mentioned declared touching & concerning the same.

AND THIS INDENTURE Further witnesseth that the said John Benson the elder in consideration of such intended marriage of such conveyance & settlement of the lands & inheritance of the said Grace Melhuishe hereinbefore mentioned to the uses & upon the Trusts hereinafter declared touching the same and for the conveying & settling the several messuages lands & tenements of the said John Benson the elder hereinafter mentioned to & upon such uses trusts intents & purposes as are hereinafter expressed & declared HATH granted bargained sold aliened enfeoffed released & confirmed and by these pr[e]sents Doth grant bargain sell alien enfeoffe release & confirme unto the said Peter Benson & Narcissus Hatherly (in their actual possession now being by virtue of a deed of bargain & sale to them thereof made by the said John Benson the elder for one whole year by Indenture bearing date the day next before the day of the date of these pr[e]sents in consideration of five shillings therein mentioned by force of the statute for transferring uses into possession in that case made & provided) their heires & assignes.

ALL that one messuage & tenement with the appurtenances lying in Northam Towne now or late in possession of one George Samm his tenent or underten[an]ts.

And all that one dwelling house with the appurtenances lying in the said parish of Northam now or late in the possession of John Tracy his tenant or underten[an]ts.

AND also all that one dwelling house with the appurtenances in Northam aforesaid now or late in possession of one Charles Kent his tenant or underten[an]ts.

AND all that one dwelling house with the appurtenances lying in Northam aforesaid now or late in the possession of Thomasine Gorden her tenant or underten[an]ts.

AND also all those six closes of land lying in Underborough within the said parish of Northam heretofore in possession of one John Dey & John Roberts and now of late in the possession of the said John Benson the elder his tenant or underten[an]ts.

AND also all that one barn two shippens & one courtlage lying in or near Northam Towne aforesaid now in the possession of the said John Benson the elder his tenant or underten[an]ts.

AND all that one mesuage & tenement with the appurtenances called or com[m]only known by the name of Broad alias Marshford scituate lying & being within the said parish of Northam & now or late in the possession of the said John Benson the elder, Thomas Prout, Robert Rod, Thomas Aspinshaw & Walter Sloley some or one of them their some of one of their tenants or underten[an]ts.

AND all that one mesuage or dwelling house lying in Northam Town aforesaid now in possession of Edmond Yeo.

And all that dwelling house outhouses garden & little field lying in Northam aforesaid late in possession of Robert Skinner and which said last dwelling houses mentioned to be in possession of Edmond Yeo & Robert Skinner were purchased by the said John Benson the elder of Philip Docton Esq, and all houses edifices buildings orchards gardens lands meadows furze feedings com[m]ons com[m]on of pasture marshes waters watercourses wastes ways paths easements profitts & comodities advantages & appurtenances whatsoever to the said mesuages lands tenements & p[re]mises hereinbefore last mentioned or to any part of parcels thereof belonging or appertaining therewith used occupied or enjoyed as part or parcel thereof or com[m]only reputed to taken as part and parcel thereof and the reversion and reversions remainder & remainders rents profitts sums & services of all & singular the said p[re]mises with the appurtenances together with all deeds evidences writings touching or concerning the said p[re]mises or any part or parcel thereof now in the custody or power of the said John Benson the elder.

TO HAVE AND TO HOLD the said mesuages lands tenements & all other the p[re]mises hereinbefore last mentioned with the appurtenances unto the said Peter Benson & Narcissus Hatherly their heires & assignes forever To for & upon the several uses trusts intents & purposes and under the limitations provisoes & conditions hereafter in these presents mentioned & declared touching & concerning the same (that is to say).

AS FOR TOUCHING AND CONCERNING the aforesaid Capital mesuage Barton and farme called Sedborough all other the aforesaid land & p[re]mises lying in the aforesaid parish of Parkham To the use & behoof of the aforesaid Grace Melhuishe her heires & assignes until the solempnization of the said intended marriage.

AND AS FOR & concerning all the aforesaid messuages lands tenements & p[re]mises lying in the said parish of Northam TO the use & behoof of the said John Benson the elder his heires assignes until the solempnization of the said intended marriage and from & im[m[ediately after the solempnization thereof THEN as well the aforesaid Capital mesuage Barton & farme called Sedborough all other the lands & p[re]mises lying in the aforesaid parish of Parkham as also all the aforesaid mesuages lands tenements and all other the p[re]mises lying in the aforesaid parish of Northam.

TO the use & behooffe of the aforesaid John Benson the younger & his assignes for & during the terme of his natural life without impeachment of or for any manner of wast & with full power to com[m]it wast with power of leasing in such manner as is herein after expressed and from & after the lawfull determination of that estate TO the use & behooffe of the said Peter Benson & Narcissus Hatherly & their heires for & during the natural life of the said John Benson the younger in trust to make entries & bring acc[ti]ons to p[re]serve the contingent uses and remainders herein after limited from barr or destruction. Nevertheless in trust to permit the said John Benson the younger & his assignes to take the rents issues & profitts during his natural life.

AND from after the decease of the said John Benson the younger TO the use & behooffe of the aforesaid Grace Melhuishe his intended wife & her assignes during her natural life for her jointure in full recompence & barr of all such dower or title of dower as she shall or may have or claim to have out of any the mesuages lands tenements or hereditaments whereof of wherein the said John Benson the younger shall be at any time seized during the coverture between him & the said Grace Melhuishe with power of leasing also in such manner as is hereinafter expressed.

And from & after the several deceases of the said John Benson the younger & the said Grace Melhuishe TO the use & behooffe of the aforesaid Peter Benson & Narcissus Hatherly their heirs adm[inistrato]rs & assignes for & during the terme of four hundred years upon the trusts & under the provisoes & limitations in that behalfe hereinafter mentioned & expressed.

AND from & after the end expiration other sooner determination of the said terme of four hundred yeares THEN to the use & behooffe of the first son of the body of the said John Benson the younger upon the body of the said Grace Melhuishe lawfully to be Begotten to the heirs male of the body of such first son lawfully issuing.

And for default of such issue To the use & behooffe of the second third fourth fifth sixth seventh eighth ninth & tenth son & sons of all & every other son & sons of the body of the said John Benson the younger on the body of the said Grace Melhuishe lawfully to be begotten & to the heires male of the body & bodies of every such son & sons lawfully issuing to take successively one after another as they & every of them Shall be in Seniority of age & priority of birth The elder of such son & sons & the heires males of his body to be p[re]ferred before the younger of such son & sons & the heires males of his body.

AND for default of such issue Then To the use & behooffe of all & every the daughter & daughters of the body of the said John Benson the younger on the body of the said Grace Melhuishe lawfully to be begotten to the heirs of the body and bodys of every such daughter & daughters lawfully issuing.

And for want of such issue To the use of the heires of the body of the said Grace Melhuishe lawfully to be begotten and for default of such issue To the use of the right heires of the said John Benson the younger forever more.

AND ALSO and concerning the said terme & estate of four hundred yeares of & in the aforesaid lands & p[re]mises hereinbefore limited unto the said Peter Benson & Narcissus Hatherly their Ex[ecuto]rs Adm[inistrato]rs & Assignes, It is hereby covenanted concluded declared & agreed upon by & between all the parties to these presents and so meant acknowledged & intended by them that the same terme of four hundred years is upon this Trust & confidence that in case the said John Benson the younger shall happen to dye leaving behind him at the time of his death any issue male living begotten on the body of the said Grace Melhuish or born after his death & have any younger son or sons daughter or daughters also lawfully begotten on the body of the said Grace Melhuish living at the time of his death or born after his death, That then in such case if it shall so happen they the said Peter Benson & Narcissus Hatherly their Ex[ecuto]rs Adm[inistrato]rs & Assignes do & shall when & immediately after the aforesaid terme of four hundred yeares of & in the p[re]mises hereinbefore limited unto the said Peter Benson & Narcissus Hatherly their Ex[ecuto]rs Adm[inistrato]rs & Assignes, shall happen to come into possession by the limitations & uses aforesaid & not before raise & levy by & out of the rents issues & profitts of the said p[re]mises so to them limited for the said terme of four hundred yeares as aforesaid by leasing mortgaging or granting the same for years to be determined out of their interest for yeares in such manner as to them or the survivors or survivor of them Shall seem meet the sum of one thousand pounds to pay & satisfy such portions & maintenance & for such younger son & sons daughter or daughters as is hereafter in these p[re]sents mentioned & expressed (that is to say) the sum of one thousand pounds of lawfull money of Great Brittain for the portion or portions of such younger son or sons & daughter or daughters as aforesaid the same to go & be equally to & amongst such child & children and paid unto them at their respective ages of twenty one years & or days of marriage which shall first happen in case they respectively shall so long happen to live & not otherwise and in case of the death of any or either of such child or children before their portions became payable by virtue of these p[re]sents.

That then the share of him her or them so dying shall go amongst the survivors & survivor of such younger child or children and in the meantime & until the same portions shall become due & payable the said Peter Benson and Narcissus Hatherly their Ex[ecuto]rs Adm[inistrato]rs & Assignes, shall pay & allow after the Commencement of the said terme by & out of the p[re]mises aforesaid such yearly maintenances for such younger child or children respectively as is hereafter in these presents mentioned (that is to say) the yearly sum of twenty pounds of lawful money of Great Britain for such younger child if but one, and the sum of thirty pounds of like lawfull money equally unto & among such children if more than one the same to be paid unto the said child or children respectively at two of the most usual feasts in the year (that is to say) at the feasts of the birth of our Lord God & the nativity of St John the Baptist by even & equal portions the first payment to begin at the first of the said Feast & that shall happen next after the Commencement of the said terme of four hundred yeares.

PROVIDED always & it is the true intent & meaning of these presents & of all the parties hereunto that if and in case the said John Benson the younger shall have any issue male & no such younger son or some daughter or daughters by him begotten on the body of the said Grace Melhuishe living at the time of his death, That then & in case it shall so happen the uses & interests of & in the aforesaid terme of four hundred yeares of & in the p[re]mises hereinbefore limited & appointed unto them the said Peter Benson and Narcissus Hatherly their Ex[ecuto]rs & Assignes in manner & forme aforesaid, shall cease determine & be utterly void frustrate & of none effect to all intents & purposes anything in these presents contained to the Contrary thereof in any wise notwithstanding.

AND it is the true intent & meaning of these p[re]sents & of the parties to the same that in case the case John Benson the younger shall have no issue male begotten on the body of the said Grace Melhuishe living at the time of his death or any such born after his death and shall have no such daughter or daughters begotten on the body of the said Grace Melhuishe living at the time of his death or born after his death, That Then & in such case if it shall so happen the uses & interests of & in the aforesaid premises herein before limited unto the said Peter Benson and Narcissus Hatherly their Ex[ecuto]rs Adm[inistrato]rs & Assignes for the aforesaid terme of four hundred yeares shall cease determine & be utterly frustrate void & of none effect to all intents & purposes these presents or anything herein contained to the contrary thereof in anywise notwithstanding.

AND it is further provided concluded & fully agreed by between all the parties to these presents that in case any person or persons to whom the immediate revertion or remainder of the premises or any part therof after the end of the said terme of four hundred yeares shall belong or appertain by the limitations aforesaid Shall & do within six months next after the several deaths of the said John Benson the younger & Grace Melhuishe pay the said sums of money aforeappointed to such sons & daughters of the said John Benson the younger for their portions & maintenances or if the said John Benson the younger Shall in his lifetime well and sufficiently secure the payment thereof to the good liking of the said Peter Benson and Narcissus Hatherly or the Survivors or Survivor of them or the Exec[uto]rs or Adm[inistrato]rs, or the survivor of them, That then also the use & interest of & in the aforesaid terme of four hundred yeares of & in the premises herein before limited unto the said Peter Benson & Narcissus Hatherly as aforesaid shall cease determine & become utterly void & to all intents & purposes anything in these presents contained to the contrary thereof in any wise not withstanding.

It being also hereby further declared to be the true intent & meaning of these presents & of all the parties hereto that when the said portions & maintenances are paid or secured in such manner as is before mentioned & intended That then the said Peter Benson & Narcissus Hatherly their Exec[uto]rs & assignes Shall surrender & yield up the aforesaid terme of four hundred yeares of & in the said premises or so much thereof as shall be then unexpired & undisposed off in order to their trust as aforesaid unto such person or persons to whom the immediate revertion or revertions estate or remainder of the premises expectant upon the said terme of four hundred yeares by the limitation aforesaid Shall then appertain and in the meantime from & after the said portions & maintenances so raised paid or secured as aforesaid & until such surrender They the said Peter Benson & Narcissus Hatherly their Ex[ecuto]rs & assigns shall stand possessed & interested of & in the said premises so to them limited for the said terme of four hundred years.

IN TRUST for the use & benefit of such the several person & persons to whom the immediate freehold estate or remainder of the said premises expectant upon the said terme of four hundred yeares Shall appertain & belong by the limitation thereof hereinbefore mentioned to attend the inheritance thereof and shall pay over to such the same person or persons to whom the same surrender shall or ought to be so made as aforesaid all such over plus of money as shall be then left or remain in their hands undisposed off in the said trust after a deduction of the necessary costs & charges in & about the Same Trusts.

AND it is hereby covenanted declared & agreed by & between all the parties to these presents that it shall & maybe lawfull to & for the said John Benson the younger & Grace Melhuishe at any time or times after the said intended marriage Shall take effect during their joint lives by their joint deed or deeds indented under their hands & seales to & for the sureties of them the said John Benson the younger & Grace Melhuish at any time during the life of such survivor by his or her deed or deeds indented under his or her hand & seal testifyed by two credible witnesses at the least to demise & lease such parts & parcells of the aforesaid premises or any part thereof as have or hath usually been leased to any person or persons whatsoever for one two or three life or lives or for any number of yeares determinable upon the death or deaths of one two or three person or persons either in possession reversion of expectancy so as such leases do not extend to charge any part or parcel of the same premises so by them him or her to be demised leased or granted with any larger or longer estate interest in possession or reversion or either of them at one time (the estates in possession reversion & expectancy being all computed together) but such as shall be determinable by & upon the death or deaths of one two or three person or persons at the most and to as upon every such lease there be reserved the usual & accustomed rents herriotts & services or such rent or rents as is or are now reserved for or upon the same to continue due & payable during the said respective termes & estates so to be granted and demised unto such person or persons unto whom the immediate reversion of the premises shall by virtue of these presents appertain.

AND the said Grace Melhuish for herselfe her heires Exec[uto]rs & Adm[instrato]rs for every of them doth covenant promise & grant unto & with the said Peter Benson & Narcissus Hatherly their heirs & assignes & to & with every of them by these presents that she the said Grace Melhuishe now is & standeth lawfully seized in fee simple of & in all & singular the aforesaid Capital messuage barton & farm messuage & tenement & all other the premises lying within the aforesaid parish of Parkham and that for and notwithstanding any act by her done to the contrary She hath in herselfe good rightfull power & lawfull authority to grant & release the same premises with the appurtenances in manner & forme aforesaid.

And that she the said Grace Melhuishe & her heires shall & will at any time hereafter within the space of seven years next ensuing the date hereof upon the reasonable request of the said Peter Benson & Narcissus Hatherly their heires & assignes make do & execute or cause & procure to be made & done & executed any further & other reasonable & lawfull act & acts conveyances & assurances in the law whatsoever for the more perfect assuring & conveying of all & singular the said premises lying in Parkham aforesaid with the appurtenances to the said Peter Benson & Narcissus Hatherly their heires & assignes to the uses aforesaid.

AND Further that notwithstanding as aforesaid they the said Peter Benson & Narcissus Hatherly their heires & shall or may at all times hereafter lawfully peaceably and quietly have hold & enjoy all & singular the said lands & premises lying within the parish of Parkham aforesaid with the appurtenances To the uses aforesaid and that free & clear of & from all former & other gifts grants & leases & of & from all other charges & incumbranes whatsoever (such legacies as were given in & by the last Will & Testament of Dame Anne Berry dece[ase]d & are still unperformed and now stand charged on the aforesaid Capital Messuage Barton & farme called Sedborough and one lease dated the eleventh day of April One thousand seven hundred heretofore granted by Roger Melhuishe Esq Father of the said Grace Melhuishe) & the aforesaid Dame Anne Berry to one William Rickard of & in the aforesaid messuage dwellinghouse gardens courtlage & outhouses mentioned to be in the possession of the aforesaid William Rickard & is part of & adjoining to the aforesaid barton of Sedborough for ninety nine yeares determinable on the death of the said William Rickard & Mary his wife & Mary his daughter whereon the yearly rent of Two shillings & no more is reserved which said yearly rent from & after the Solomnization of the said intended marriage shall be payable to the said Peter Benson & Narcissus Hatherly their heirs & assigns To the uses aforesaid and the high & chief rents which shall henceforth grow due & payable out of the lands & premises in the aforesaid parish of Parkham to the Lord & Lords of the Fee & fees of the premises only excepted & foreprized.

AND the said John Benson the elder for himselfe his heirs Ex[ecuto]rs & Adm[inistrato]rs & for every of them doth covenant promise & grant unto & with the said Peter Benson & Narcissus Hatherly their heires & assignes & to & with every of them by these presents that he the said John Benson the elder now is & standeth lawfully seized in fee simple of & in all & singular the aforesaid several messuages dwelling houses lands tenements & premises with the appurtenances lying within the aforesaid parish of Northam and that he hath good right & full power to grant & release the same premises with the appurtenances in manner & forme aforesaid.

And that he the said John Benson & his heirs shall & will at anytime hereafter within the space of seven yeares next ensuing the date hereof upon the reasonable request of the said Peter Benson & Narcissus Hatherly their heires & assignes & at the proper costs & charges in the Law of the said John Benson the elder his heirs or assignes make do and execute or cause & procure to be made done & executed any further & other reasonable lawfull act & acts conveyances & assurances in the law whatsoever for the more perfect assuring & conveying of all & Singuler the said premises lying in Northam aforesaid with the appurtenances to the said Peter Benson & Narcissus Hatherly their heires & assignes to the uses aforesaid.

AND Further that they the said Peter Benson & Narcissus Hatherly & their heires shall or may at all times hereafter lawfully peaceably & quietly have hold & enjoy all & singular the said messuages dwelling houses lands tenements & premises lying within the parish of Northam aforesaid with the appurtenances to the uses aforesaid and that free & clear of & from all former and other gifts grants leases & of & from all other charges & incumbrances whatsoever (such leases as are now in being on some partes of the aforesaid dwelling houses & other the premises thereunto reserved on all such leases shall henceforth grow due & payable during the continuance of such leases respectively to such person & persons who by the limitation aforesaid is or are entitled to receive the rents & profitts of the said premises and the high & chief rents which shall from henceforth grow due & payable to the high & Chief Lord & Lords of the fee of the premises only excepted).

IN WITNESS whereof the parties aforesaid unto these present indentures their hands & seales interchangeably have sett the Day and year first above written Anno D[omi]ni 1732.

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