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Description: | (1) Thomas Fane of Brympton, Somerset, esq. (cousin and heir at law of Francis Fane late of Fulbeck, esq., deceased.
(2) Dame Ann Cust of Belton, widow, and Jane Fane of Fulbeck, widow and relict of Francis Fane.
(3) The Revd Samuel Creswick, D.D., Dean of Wells, and Henry Fane of the parish of St. James, Westminster, esq.
(4) Sir John Cust of Grantham, bart., and Francis Cust of the Middle Temple, London, esq., brothers of the said Jane Fane.
Recites: (A) Articles of agreement, tripartite, dated 16 April 1757 between (a) Francis Fane (b) Dame Ann Cust (c) Jane Fane (by her description as Jane Cust, spinster, one of the daughters of the said Dame Ann Cust, in consideration of a marriage then intended and since solemnized between Francis Fane and Jane Cust and of £2000 to be advanced by Dame Ann Cust in part of the portion of the said Jane to be applied in the discharge of the principal due on a mortgage made by Andrew Wither esq. of part of the estate of Francis Fane at Fulbeck and other places, and of the further sum of £4,000, the residue of Jane's portion, to be settled for the benefit of the said Francis and Jane and the younger children of the marriage. Francis Fane agreed with (b) that he would within 12 months of the marriage settle the manor of Fulbeck, the advowson, and all the messuages, closes, lands etc., of Francis Fane in Fulbeck and Long Leadenham, Stragglethorpe and Brant Broughton, said to be of the yearly value of £360; and also messuages, lands, tenements etc. of Francis Fane in Heckington, Great Hale and Little Hale, of the yearly rent of £40.15s. and an annuity or yearly rent of £100, issuing out of certain lands adjoining the site or capital messuage of the manor of Heckington, which annuity was by lease and release of 30 and 31st July, 1673 granted by Francis Lady Cobham to Dorothy Heron, mother of the said Francis Fane and the heirs of her body. To the use of Francis Fane and his assigns during his life, with provision for supporting contingent uses and estates, and from his death to the use of trustees for the term of 700 years upon such trusts as are there mentioned: and after the end of 700 years, to the use of all the children of Francis Fane by Jane Cust (exc. the eldest son): and if there are no younger children, to the use of the only son and the heirs of his body: and in default of such issue, to the use of the right heirs of Francis Fane. The term of 500 years was in trust that if Francis died before Jane leaving no younger children or leaving only one younger child, then upon trust that the persons to whom much term should be limited should by sale or mortgage levy £2000 and pay the same to Jane. But if Jane dies before Francis leaving only one younger child then the £2000 should be for the benefit of such younger child. Other provisos.
Recites that since the execution of the articles, Dame Ann Cust, with the privity of Francis Fane, discharged the £2000 due on the mortgage to Andrew Wither to William Beach, who has reconveyed the mortgaged premises to Thomas Fane, who, at the instance of Jane Fane has agreed to the following settlement.
(1) At the request of (2) releases to (3).
Property: manor of Fulbeck with appurtenances, and capital messuage in Fulbeck, and advowson of the rectory, and all messuages, farms, lands etc. of Francis Fane in Fulbeck, Long Leadenham, Stragglethorpe and Brant Broughton: and messuages, lands, tenements etc. late of Francis Fane in Heckington, Great Hale, and Little Hale at yearly rents amounting to £40.15s: and yearly rent of £100 issuing out of certain lands adjoining the site of the manor of Heckington.
To be held by (3) to these uses:- To the use of (4), their executors, administrators and assigns for 500 years from the death of Francis Fane in trust, and after the expiration or determination of the term, and subject thereto, to the use of Jane Fane and her assigns for her life in part of her jointure: and from her death, to the use of Thomas Fane, his heirs and assigns for ever. The term of 500 years is in trust that (4) shall by sale or mortgage of the premises raise £2000 and pay it to Jane Fane. The term of 500 years to cease after the £2000 has been paid and the costs and charges of the trustees. Proviso that Jane may grant leases of the premises not exceeding terms of 21 years and without fines.
5 September 1759.
Signatures and seals: Tho. Fane, Anne Cust, Jane Fane, John Cust, Frans. Cust.
Endorsements:
Assignment of term of 500 years (deed poll).
Sir John Cust and Francis Cust, at the request and with the consent of Jane Fane, assign to Peregrine Cust of London, merchant, and Richard Cust, clerk the said property for residue of term of 500 years in trust and upon the several uses, intents and purposes in a release of six parts of even date made in view of the forthcoming marriage between James Evelyn of Godstone, Surrey, esq. and the said Jane Fane. The parties to the release are (1) the said James Evelyn (2) George Hedley esq. and John Conyers esq. (3) Jane Fane (4) James Sayer esq. and Robert Kelham gent. (5) Sir John Cust, bart, and Richard Cust, clerk (6) Eliab Harvey esq., Peregrine Cust of London, merchant, and Isaac Bargrave, gent. and by it (3) assigns to (5) the said property, for 99 years, if she should so long live upon trusts therein specified.
26 May 1761.
Sigs. and seals of John Cust, Frans. Cust, Jane Fane.
Surrender of term of years.
(1) Brownlow Lord Brownlow, Baron Brownlow of Belton, in whom the manor etc. comprised in the term of 500 years is vested.
(2) James Evelyn of Felbridge in par. Godstone, Surrey, esq. who is entitled to the £2,000 directed to be raised by virtue of the trusts of the said term of 500 years.
(3) The Hon. Henry Fane of Fulbeck, the only younger son and also a devisee named in the will of the said Thomas Fane (who became earl of Westmorland), in which Henry the freehold of the manor and other hereditaments comprised in the said term of 500 years in reversion or remainder is now vested.
Recites lease and release of 25 & 26 May 1761 between (I) James Evelyn (II) George Medley and John Conyers, esqs. (III) Jane Fane (IV) James Sayer esq. and Robert Kelham, gent. (V) Sir John Cust, baronet, and Richard Cust, clerk (VI) Eliab Hervey esq., Peregrine Cust, merchant, and Isaac Bargrave, gent., being the settlement previous to the marriage between James Evelyn and Jane. By it manors in Surrey and Sussex were settled to the use of James and his assigns for his life, with remainder to the use of Sir John Cust, Richard Cust and Eliab Harvey for 600 years in trust that in case there should be no issue male of the marriage, but that there should be daughters, then Sir John Cust, Richard Cust and Eliab Harvey should levy £5,000 from the premises for the portions of such daughters. The interest to be received by James Evelyn and his assigns during his life, and after his death by Jane and her assigns during her life, then the trustees to be seised thereof for or as an additional portion for the child or children of the marriage.
Recites that James Evelyn had issue by Jane one only daughter Ann Evelyn. That Jane died on 1st November last. Ann Evelyn came of age in 17 [ ] and died in 17 [ ] intestate and unmarried, and her administration was granted to James Evelyn. On attaining her majority Ann Evelyn obtained a vested interest in the sum of £2,000, and James Evelyn, as her administrator, is now entitled to the same. Richard Cust died in the lifetime of Peregrine Cust. Peregrine Cust died his will dated 7 August 1782 and appointed Brownlow Lord Brownlow, Francis Cockayne Cust, esq. and the said Richard Cust executors. Francis Cockayne Cust died on 1 Dec. last so that the property comprised in the term of 500 years became vested for the residue of the term in Brownlow Lord Brownlow as surviving executor. Thomas Fane, earl of Westmorland by his will dated 17 March 1771 devised the said manor etc., charged with the payment of £2,000, to Henry Seymour and Inigo William Jones esqs. and their heirs, to the use of Henry Fane and his assigns for his life, with remainder to trustees during the life of Henry Fane, in trust to preserve contingent remainders to the first and other sons of the said Henry Fane successively in tail. On the death of Jane, Henry Fane entered upon and is now in possession of the manor and hereditaments. The interest on the £2,000 has been paid, but the £2,000 remains unpaid. James Evelyn, having occasion for £2,000 has requested Henry Fane to pay him the same.
(1) by the direction of (2), and upon the acceptance of (3) assigns and surrenders to (3) all the manor and other the hereditaments which were limited for the term of 500 years and all the estate title and interest of (1) to the same. To the use of (3) and his assigns so that the residue unexpired of the term of 500 years may be merged in the freehold and inheritance.
Consideration: £2,000 from (3) to (2), in full for all moneys due to James Evelyn as administrator of his daughter and by virtue of the trusts of the term of 500 years.
8 May, 1792.
Sigs. and seals of (1) and (2). | Subjects: | Country Estates | Temporal: | 1759-1792 | Source: | Lincolnshire County Council | Identifier: | http://www.lincstothepast.com/Records/Re... | Go to resource |
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