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Description: | 1. James Pennyman of Little Ponton, esq, nephew, and devisee named in the will of William Daye, late of Little Ponton, deceased,
2. William Daye of Care Hall, Cambridge, esq, nephew and heir at law of the said William Daye, deceased,
3. Francis Fane of Fulbeck, esq, and William Welby of Denton, esq,
4. George Gregory of Harlaxton, esq, and Ann Gregory his wife, formerly Ann Orton, spinster,
5. Richard Porter of Arnold, Nottinghamshire, esq, only son and heir of Richard Porter late of Arnold, who survived the said William Daye of Little Ponton,
6. Bartholomew Burton of London, merchant,
7. Thomas Brown of Horbling, esq, and Samuel Forster of Grantham, gent.
Property as in 1-PG/2/1/6/16
Quotes mortgage of 10 Oct 1678 (1-PG/2/1/4/1). William Daye the mortgagee is since dead having first made his will, 29 May 1739, by which he devised his manor of Little Ponton and all other his lands in Lincolnshire to Hugh Bethell of Swindon, Yorkshire, esq, and James Moyser of Beverley, Yorkshire, esq; and he bequeathed all his ready money, securities, and personal estate to them upon trust to lay out the same in the purchase of lands to be settled upon James Pennyman and his issue, and appointed Hugh Bethell and James Moyser his executors. They proved the will in the Prerogative Court of Canterbury, but refused to act in the said trusts. By a decree in the High Court of Chancery, 4 June 1742, it was declared that the will of William Daye was well proved and that the trusts thereof ought to be performed, and it was directed that the trustees should assign their trust and convey the trust estate devised to them by the said will to such new trustees as one of the Masters of Chancery should direct. The Master, by his Fane and William Welby to be the new trustees in the stead of Hugh Bethell and James Meyser, to whom they were to assign their trust.
By indenture of 2 Dec 1742 Hugh Bethell and James Moyser released to Francis Fane and William Welby all the real estate late of William Daye, and assigned to them all the personal estate.
Samuel Forster, being the Receiver appointed by the Court of Chancery of the personal estate of William Daye, deceased, on 7 Apr 1747, received of George Gregory the principal sum of £731 16s. 3d. part of the sum of £3,800 secured to William Day the testator, which sum of £731 16s. 3d. was raised by sale of an estate belonging to Ann, wife of George Gregory, lying in Norfolk or Suffolk. The remaining principal sum of £3,068 3s. 9d. was on 5 July last also paid to Samuel Forster, the receiver, together with all interest for the same.
Quotes lease and release of 6 & 7 June 1738 (see 1-PG/3/3/4/3 & 4).
Recites that by lease and release of 6 & 7 June 1738, between (1 George Gregory the elder and Susanna his wife and George Gregory the younger, (2) Ann Orton, now Gregory, (3) John Launder of the Middle Temple, gent, and John Dovey of Clement's Inn, gent, (4) William Daye and Richard Porter the father, (5) William Burton and William Welby, (6) John Lord Viscount Tyrconnell and John Sherwin, and by a recovery wherein William Daye, deceased, and Richard Porter the father were demandants and John Launder and John Dovey, tenants, who vouched George Gregory the elder who vouched George Gregory the younger, in consideration of the marriage intended between George Gregory the younger and Ann Orton and of a settlement by Ann Orton of divers manors, lands etc in Lincolnshire (as recited above) the following property:
Messuage and tenement with lands, barns etc adjoining, with 6a. meadow and commons belonging, messuage or tenement with the lands, barns, stables, garden, orchard and croft adjoining, with the loses of pasture called the Home Close and the Hill Close (9a.), and commons belonging, and tithes of corn and hay in Lenton and Radford, and two tithe barns and closes adjoining (5a.), and three cottages or tenements with crofts adjoining and 3½a. arable land, and 1a. meadow, cottage or tenement with croft adjoining and 2a. arable, and close of pasture called the Hopyard (3a.), messuage or tenement and close of pasture or enclosed ground (3a.), cottage or tenement with appurtenances, close of pasture called Stanhope Close (4a.), messuage, tenement and farm with arable, meadow and pasture belonging (16½a.), with orchard and croft adjoining, close of pasture called the Briggin Close (4a.), cottage or tenement with croft adjoining and 2a. arable land and meadow, cottage or tenement, bakehouse, barn, stable and orchard, cottage or tenement and garden with appurtenances, messuage or tenement and farm house and lands belonging with several closes of pasture called the Upper Keetons, the Leen Close, Saffron Close, Reedy Close, and Willow Holme (35½a.), cottage or tenement with appurtenances, cottages or tenement with croft adjoining and close of pasture or inclosed ground and land in place called Leen Croft (5a.), and cottage or tenement with appurtenances was settled after the decease of George Gregory the elder, which has since happened, to the use of George Gregory party hereto for his life, remainder to the use of William Daye the testator and Richard. Porter the father and their heirs during his life, in trust to preserve the contingent remainders and after the death of George Gregory party hereto, to the use of Ann Orton, now Ann Gregory his wife, for her life for her jointure: and after her decease, to the use of the first and every other son of the said marriage successively in tail male, and for default of such to the use of John Viscount Tyrconnell and John Sherwyn for term of 600 years, in trust for raising £3,000 for the portions of the daughters of the said marriage, in case of failure of issue male; and after the expiration or sooner determination of that term, to the use of the sons of George Gregory by any future wife, successively in tail male, and in default of such to the use of Edward Gregory, second son of George Gregory the elder for his life, and after his death to the use of his first and other sons, and for default of such issue, to the use of George Gregory party hereto, his heirs and assigns for ever.
Recites that George Gregory and Ann his wife have agreed that the estate of Ann Gregory comprised in the first recited settlement shall be disencumbered from the said mortgage to William Daye, and that the £3,068 3s. 9d. and interest being paid off by George Gregory out of his own proper money, in consideration thereof, and of £500 secured by his bond and agreed to be applied after his death as additional portions for his children by Ann his wife, the jointure or estate for life limited to Ann Gregory by the last recited settlement shall cease and be extinguished for the benefit of the persons entitled in remainder under the subsequent limitations of the said settlement.
Now, for executing this agreement, and in consideration of £3,068 3s. 9d. paid to Samuel Forster by George Gregory with the consent of Francis Fane, William Welby and Ann Gregory, and with the consent of James Pennyman, Francis Fane and William Welby, by the direction of George Gregory and Ann his wife, and with the consent of James Pennyman and William Daye, release to Bartholomew Burton and his heirs property as in 1-PG/3/3/5/1 above, which was conveyed to William Daye the testator. To Bartholomew Burton and his heirs subject to the uses and trusts in the settlement of 7 June 1738.
Francis Fane and William Welby, by the direction of George Gregory and Anne his wife, with the consent of James Pennyman, assign to Thomas Brown and Samuel Forster all the property which by the indenture of 4 Apr 1737 was conveyed by Ann Orton to William Daye deceased for 500 years, to Thomas Brown and Samuel Forster, for the residue of the term of 500 years, upon trust that the term of 500 years shall attend upon and be subservient to the uses, estates and limitations declared concerning the inheritance of the premises by the settlement of 7 June 1738, in order to defend the same uses and estate from all mesne encumbrances.
Whereas George Gregory by a bond of even date is bound to William Welby in £1,000 for the payment of £500 at the end of 6 months after the death of George Gregory, with interest for the same. It is now declared that the bond was made as part of the consideration for extinguishing the jointure or estate for life of Ann Gregory, and that William Welby shall stand possessed of the bond and of the principal sum of £500 so secured and all interest due, subject to the following trusts and agreements: in trust after the decease of George Gregory to call in the principal money secured by the said bond and to dispose of it in the following way: if Ann Gregory shall survive George, to pay the £500 and interest to Ann so that she may dispose it for additional portions for her children. The interest of the £500 shall be taken by Ann for her own use during her life. But if she shall die in the lifetime of George Gregory, then William Welby shall stand possessed of the £500 and interest in trust for additional portions for such children of George and Anne, and to be paid in such manner as Ann shall appoint; and for want of such appointment, then in trust for all the children of George by Ann, who shall be living at the time of the death of George, to be divided equally between them and paid at their ages of twenty-one.
If there shall be no child of George Gregory by Ann living at the time of his death, then the bond shall be void.
Further, for extinguishing the estate limited by the settlement of 7 June 1738, to the use of Ann Orton for her jointure, George Gregory covenants with Richard Porter, that he and Ann his wife will levy a fine to Richard Porter and his heirs of all the premises which by the said settlement were limited to Ann Gregory for her life. The fine shall be to the intent to bar and extinguish the estate limited to Ann for her jointure for life. | Subjects: | Country Estates | Temporal: | 12 Feb 1754 | Source: | Lincolnshire County Council | Identifier: | http://www.lincstothepast.com/Records/Re... | Go to resource |
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