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Marriage Settlement of John Passmore and Honour Crockford 1775

Transcribed 2008 by Desmond Painter from a digital photograph of the original,
which is in the possession of John Passmore of Stanthorpe, Queensland, Australia

This Indenture Tripartite made the twenty seventh day of March in the fifteenth Year of the Reign of his Majesty King George the third and in the Year of our Lord God one thousand seven hundred and seventy five Between John Passmore of Southmolton in the County of Devon Cordwainer of the first part George Parminter of Ilfracombe in the said County Yeoman and Philip Crockford of the same place [?Maltster] of the second part and Honour Crockford of Ilfracombe aforesaid Spinster (Daughter of the said Philip Crockford) of the third part Whereas a Marriage is intended by the Permission of God to be shortly had and solemnized between the said John Passmore and the said Honour Crockford Now this Indenture Witnesseth That in Consideration of the said intended Marriage and of the Sum of one hundred Pounds of lawfull Money of Great Britain to be paid to the said John Passmore by the said Philip Crockford upon or before the Solemnization of the said intended Marriage And of the further Sum of one hundred Pounds of like lawfull Money secured to be paid to the said John Passmore by the said Philip Crockford in and by a certain Bond or Obligation bearing even Date herewith and entered into by the said Philip Crockford and William Crockford his son unto the said John Passmore in the Security of two hundred Pounds Conditioned for payment of one hundred Pounds within one Month next after the Decease of the said Philip Crockford (which said Sum of two hundred Pounds so to be paid to the said John Passmore as aforesaid is in full for the Marriage Portion of the said Honour Crockford) He the said John Passmore doth hereby for himself his Heirs Executors and Administrators Covenant Promise Grant and Agree to and with the said George Parminter and Philip Crockford their Executors and Administrators that in Case the said intended Marriage shall take effect he the said John Passmore shall and will within the space of two Years next ensuing the date hereof (in Case the said Honour Crockford shall be then living) at his own proper Costs and Charges by such good and sufficient Conveyances and Assurances in the Law as the Council of the said Philip Crockford his Executors or Administrators shall advise or direct Convey and assure All that Messuage and Tenement with the Appurtenances called or known by the name of Kinstere otherwise Kenstree otherwise Kenstrew situate lying and being within the Parish of Kings Nympton in the County aforesaid and now in the occupation of Samuel Cheldon (ffree and clear of all Incumbrances whatsoever) to such Uses upon such Trusts and to and for such Intents and Purposes and under and Subject to such Promises and Agreements as are hereinafter mentioned expressed and declared of and concerning the same or as more as may be so far as the Deaths of Partys and other Contingencys will admit (That is to say) To the Use and Behoof of the said John Passmore and his Assigns for and during the Term of his Natural Life without Impeachment of or for any manner of Wast And from and after the Decease of him the said John Passmore To the Use and Behoof of the said Honour Crockford his intended Wife and her Assigns for and during the Term of her Natural Life in Lieu Bar and Satisfaction of her Dower and Third at Common Law And from and after her Decease To the Use and Behoof of the Right Heirs of the said John Passmore for Ever But in Case the said John Passmore do not within the space of two Years from the date hereof make and execute such Conveyance and Assurance of the said Premises as aforesaid Then he the said John Passmore shall and will within one Month after the Expiration of such two Years (in Case the said Honour Crockford his intended Wife shall be then living) Purchase and take at his own Costs and Charges a Lease of and in All that the Moiety or Halfendeal of All that Tenement situate lying and being in Millbrooke within the Manor and Parish of Northmolton in the said County, heretofore in the Possession of [?Lewis] Gould afterwards of William Passmore late deceased ffather of the said John Passmore and now in the Occupation of John [?Tick] as Tenant to the said John Passmore ffor the full Term of ninety nine Years to be determinable on the Death of the said Honour Crockford his intended Wife and to commence on the Determination of a certain Term of ffourscore and nineteen Years therein now determinable on the Death of William Passmore Brother of the said John Passmore and him the said John Passmore, Which said Moiety and Premes in Northmolton aforesaid he the said John Passmore is now possessed of and well intitled to by Virtue of and under a certain Indenture of Lease bearing Date the twenty first Day of October one thousand seven hundred and fifty seven and granted by Sir Richard Warwick Bampfylde Baronet unto the said William Passmore deceased Father of the said John Passmore In which said Indenture of Lease so to be purchased by the said John Passmore for the Term of ninety nine Years determinable on the Death of the said Honour Crockford as aforesaid shall be contained the same Rent Heriot or Farlieue and Payments as are reserved and made payable in and by the said Indenture of Lease of the twenty first Day of October one thousand seven hundred and fifty seven And he the said John Passmore for himself his Heirs Executors and Administrators doth hereby Covenant Promise and Agree to and with the said George Parminter and Philip Crockford their Executors Administrators and Assigns that he the said John Passmore his Executors and Administrators shall and will at his and their own Costs and Charges within two Months next after the expiration of two Years from the Date hereof Assign and Assure as the Council of the said Philip Crockford shall advise or direct the said Indenture of Lease of the twenty first Day of October and also the Indenture of Lease so to be purchased as aforesaid and all the said Moiety and Premes comprized in and demised and granted thereby respectively ffree and clear of and from all Incumbrances whatsoever made or to be made by him the said John Passmore his Executors or Administrators Upon such Trusts and to and for such Intents and Purposes and under and subject to such Promises and Agreements as are hereinbefore mentioned expressed and declared of and concerning the same or [ ] the same as may be (that is to say) Upon Trust to permit and suffer the said John Passmore and his Assigns to hold and enjoy all the said Leasehold Premes in Northmolton aforesaid and receive and take the Rents Issues and Profits to his and their own Use and Benefit for and during so many Years of the said two several Terms of ninety nine Years as he shall happen to live And from and after the Decease of the said John Passmore Upon Trust to permit and suffer the said Honour Crockford his intended Wife and her Assigns to hold and enjoy all the said Leasehold Premes in Northmolton aforesaid and receive and take the Rents Issues and Profits thereof to her and their own Use and Benefit for and during so many Years of the said two several Terms of ninety nine Years as she shall happen to live in Lieu Bar and Satisfaction of her Dower and Third at Common Law And from and after the several Deceases of the said John Passmore and Honour Crockford his intended Wife Upon Trust to permit and suffer the Executors and Administrators of the said John Passmore to have hold and enjoy all the said Leasehold Premes in Northmolton aforesaid and receive and take the Rents Issues and Profits thereof to his her or their own Use and Benefit for and during all the then Residue and Remainder of the said two several Terms of ninety nine Years or of such of them as shall be then Subsisting Provided and it is hereby declared and agreed by and between the said Partys hereto and the said John Passmore for himself his Heirs Executors and Administrators doth hereby further Covenant Promise and Agree to and with the said George Parminter and Philip Crockford their Executors and Administrators That if the said John Passmore shall happen to dye before the Expiration of two Years and two months from the Date hereof without having made either such Conveyance and Assurance of the said Premes in Kings Nympton or such Assignment or Assurance of the said Leasehold Premes in Northmolton aforesaid as is hereinbefore particularly mentioned to be respectively made of the same Then the Heirs Executors or Administrators of the said John Passmore shall and will within three Calendar Months next after his Death pay or cause to be paid unto the said Honour Crockford his intended Wife the Sum of three hundred Pounds of lawfull Money of Great Britain to and for her own Use and Benefit which shall be in Lieu Bar and Satisfaction of her Dower and Third at Common Law And then and in such Case no such Conveyance or Assurance of the said Premes in Kings Nympton aforesaid or any such Assignment or Assurance of the said Premes in Northmolton aforesaid shall be made, but the said Honour Crockford shall on being paid the said three hundred Pounds be absolutely debarred and excluded from having or claiming any Right Title or Interest Either in the said Premes in Kings Nympton or in the said Premes in Northmolton aforesaid or in any Part or Parcel thereof And Lastly it is hereby declared and Agreed by and between the said Partys to these Presents That if any such Conveyance or Assurance of the said Premes in Kings Nympton or any such Assignment or Assurance of the said premes in Northmolton shall be made as aforesaid It shall and may be lawfull to and for the said John Passmore during his Life and after his Death to and for the said Honour Crockford his intended Wife during her Life to demise or lease all or any part of the said Premes of which such Conveyance or Assignment shall be made as aforesaid for any Term or Number of Years not exceeding twenty one Years in Possession but not in Reversion or Remainder or by way of ffuture Interest So as upon every such Lease there be reserved and made payable during the continuance thereof the best and most improved Yearly Rent that can be had or obtained for the same without taking any Money or other Thing by way of ffine or Income for such Lease or Leases, And so as none of such Leases be made [ ] And there be contained in them a Clause of Re entry for Non Payment of the Rent thereby incurred and other such reasonable and necessary Conditions Pmises and Covenants And so as Counterparts of all such Leases to be Sealed and delivered by the respective Lessees therein named All which said Yearly Rent to be reserved and made Payable in and by such Leases shall be Payable to such Person and Persons who for the time being shall be Intitled to the Premesses thereby Leased by virtue of these Presents and the Limitations and Trusts hereinbefore mentioned In Witness whereof the said Partys to these Presents have hereunto Interchangeably set their Hands and Seals Dated the Day and Year first above written

John Passmore        Philip Crockford        Honour Crockford