Indenture between John Hingston and William Follett Hingston dated 6th Nov 1844.



This statement of the indenture is taken from the report of the case Parnell v. Hingston.


By an indenture, bearing date the 6th November 1844, between John Hingston and William Follett Hingston, his brother, containing no power of revocation, certain freehold hereditaments called Chapple Wells, the Islands and Gibbons' Tenement, also certain closes of land called Underways, which had been conveyed by Francis Tozer to William Follett Hingston as a trustee for John Hingston, to secure £2500; also a messuage called Aish, also assigned to William Follett Hingston for a term of 1000 years to secure to John Hingston a sum with interest amounting to £500; also certain freehold at Sampford Courtenay, in the county of Devon, and a policy of insurance mortgaged to William Follett Hingston, on trust for John Hingston, to secure £1200 and interest; and also two debts of £100 and £150 due to John Hingston by the Rev. C. Owen, and three other debts of £50, £20 and £15, due to John Hingston by Peter Ford, and a debt of £300 secured on a promissory note to John Hingston by John Steer; and also a contract for the purchase of the moiety of a freehold estate called Wootton, from Philip Bracebridge, for £1029, on which £325 deposit had been paid; and also £800 in the Provincial Bank at Totness, and all the household goods, furniture, china, plate, linen, glass, books, pictures and all and singular the goods, chattels and effects of him, the said John Hingston, for his brother, William Follett Hingston, and the other objects of the trusts in the said indenture, were conveyed, assured and assigned by the said John Hingston, as to the said free-hold hereditaments, unto William Follett Hingston, his heirs and assigns, and as to the said personal estate, &c., to the said William Follett Hingston, his executors, administrators and assigns, upon the trusts following :-

1st. As to the said freehold estates called Torr and Chapple Wells, upon trust to permit and suffer the said John Hingston, the settlor, to receive and take the rents and profits thereof during his life for his own use and benefit; and after the decease of the said John Hingston, the settlor, upon trust by sale or mortgage of the said hereditaments and premises, or otherwise as he, the said William Follett Hingston, might think fit, within six calendar months after the death of the said John Hingston, the settlor, to raise the sum of £600, and to pay the same as follows, namely, the sum of £350 unto the said John Hingston's brother, Peter Hingston, and the sum of £250 to his sister, Joan White Luscombe, and their respective executors, administrators and assigns, and subject to and after payment of the said charge of £600, and to the payment of the arrears of rent which might be due to the said John Hingston, the settlor, at the time of his death, not exceeding the sum of £200, which he also charged upon the said estate, to the use of John Hingston, the nephew of the said John Hingston, the settlor, his heirs and assigns for ever. And, 2dly, as to the said freehold hereditaments and premises called the Islands and Gibbons' Tenement, permit and suffer the said John Hingston, the settlor, to receive the rents and profits thereof during his life, and after the decease of the said John Hingston, the settlor, to the use of the Defendant, William Follett Hingston, his heirs and for ever. And, 3dly, as to the said mortgages, debts, notes, monies, securities for money, benefit and advantage of the said contract for purchase of the said estate Wootton, together with the balance of the said purchase-money, a further sum of £800 or thereabouts, invested in the said National and Provincial Bank or other¬wise, household goods, furniture, china, plate, linen, glass, books, pictures and all the goods, chattels and effects aforesaid of him, the said John Hingston, the settlor, upon trust to permit and suffer the said John Hingston, the settlor, to receive take the interest and annual produce thereof for his own use and benefit during his life; and after the death of the said John Hingston, the settlor, upon trust, out of the same, within six months after the decease of the said John Hingston, the settlor, pay to Eliza Hingston, niece of the said John Hingston, the settlor, the sum of £200, and to give and deliver to her certain bedroom furniture and articles in the dwelling-house of the said John Hingston, the settlor, at South Brent, in the of Devon; and upon further trust within such six months to pay (amongst other sums of money to a large amount in the whole) a sum of £40 to the Plaintiff, as one of the children of his, the said John Hingston's, late sister, Dorothy Lindon, which said sum of £40 was to be for her own separate use and benefit independent of her husband, and not to be subject to his debts or engagements. And the said John Hingston, the settlor, declared that, subject to the said trusts and to the payment of the said several sums of money, the said mortgages, debts, notes, monies, securities for money, plate, stock, goods, household furniture, chattels and personal estate and effects were for the said William Follett Hingston, his executors, administrators and assigns, for his own use and benefit. And in the now-stating indenture is contained a power of attorney to enable the said William Follett Hingston to receive payment of the said mortgage and other debts, and a covenant for quiet enjoyment free from incumbrances.



Transcribed Chris Burgoyne 27th August 2009