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Description: | (1) John Newton of Irnham, esq., eldest son and heir of Baptist Newton late of Irnham, deceased, by Elizabeth, his wife.
(2) Thomas Farmery of Normanton upon Trent, Nottinghamshire, gent., son and heir of Joseph Farmery late of Normanton, gent.
(3) Mary Bostock of the parish of St George the Martyr, Middlesex, spinster.
(4) Richard Pilkington of Skendleby, esq., John Newton of Louth, gent., and John Byfield of the parish of St George the Martyr, Middlesex, organ builder.
(5) Mottram Andrews of Osgodby, esq., Henry Bostock of the parish of St Andrew, Holborn, gent., and Richard Freelove of the parish of St Andrew, Holborn, upholsterer.
Consideration: Marriage intended between (1) and (3), (3)'s fortune, and (3)'s conveyance of fourth part of property in Essex to the use of (1).
Property: (A) messuage or tenement and farm of lands, arable, meadow, and pasture in Carlton in Moorland heretofore in the occupation of Thomas Bonner and since of William Anderson and all closes, meadow, and pasture ground etc. in Carlton in Moorland (100 acres) now or late in the tenure of William Anderson, and all other messuages, lands, tenements which by feoffment dated 15 July 1738 between (a) Margaret Harmston of Gainsborough, relict, executrix, and devisee in trust of Samuel Harmston, late of Gainsborough, mercer and grocer, deceased, John Harmston, his eldest son and heir at law, Samuel Harmston the other son and devisee of Samuel Harmston the father and Mary Harmston, spinster, only daughter and also devisee of her father Samuel, and (b) Joseph Farmery were conveyed by (b).
(B) Lordship or manor of Bassingham, advowson of rectory of same, free fishing in the River Witham. Moiety of messuages or tenements, lands and hereditaments in Bassingham (tenants' names) and appurtenances.
Recites:
(a) that (2) is seised to him and his heirs, in trust for (1) and his heirs of messuages, lands, and hereditaments in Carlton and that (1) is seised to him and the heirs male of his body of the manor or lordship of Bassingham, and advowson of the rectory of Bassingham and free fishing in the River Witham and of a moiety of the several messages, lands and hereditaments in Bassingham.
(b) that (1) by indenture tripartite of 28 Nov 1748 between (i) John Newton (ii) Thomas Gibbeson of Serle Street in the parish of St Clement Danes, gent. and (iii) George Petre of Serle Street in the parish of St Clement Danes, Middlesex, gent., sold to (ii): manor of Bassingham and advowson of the rectory and parish church of Bassingham and free fishing in the River Witham and moiety of several messuages, lands, and hereditaments in Bassingham, to make (ii) tenant of the freehold so that a common recovery might be suffered. Agreed in the indenture that the recovery should be and that (iii) should stand seised of the property to the use of such persons and for such estates as John Newton of Irnham should by his deed direct, and for want of such direction, to the use of John Newton of Irnham, his heirs and assigns for ever.
(c) That the fortune which (3) is possessed of and to which (1) will become entitled on his marriage amounts to £1,600, and she is seised of the reversion of the undivided fourth part of the manor of Kelvedenhall or Keldenhall and of messuages, lands etc. in Essex expectant on the ending of a term of 99 years limited to William Carew (great uncle of Mary Bostock), if he shall so long live, by indenture of 3 July 1686, being the settlement on the marriage of Anthony Carew (grandfather of Mary Bostock) with Ann Dancastle one of the daughters of John Dancastle the elder of Binfield, Berkshire, esq., and expectant upon the determination of the estates limited in this settlement to the sons of William Carew successively in tail male.
(d) That it was agreed upon the treaty for this marriage that Mary should convey the reversion in fee simple of the undivided fourth part of the said Essex property to the use of John Newton of Irnham and his heirs from the time of the marriage. By lease and release Mary has conveyed the undivided fourth part of the said property to the use of John Newton and his heirs.
(e) That upon the treaty of marriage, John Newton agreed to secure to Mary the payment of an annuity of £200 as jointure and to settle the property in Carlton, the manor of Bassingham, the fishing in the Witham, and the moiety of the messuages, lands etc., in Bassingham for the benefit of the issue of the marriage.
Release by (2) by the direction of (1), and confirmation by (1) to (4) of property (A).
(1) Limits and appoints that the common recovery which by indenture tripartite of 28 Nov last was agreed to be suffered of property (B) shall be to the following uses:
The advowson of Bassingham to the use of (1), his heirs and assigns forever.
The manor of Bassingham and fishing in the Witham to the use of such person as is entitled to hold them until the marriage, then to the use of (1) and his assigns for term of his life, and from the determination of that estate in the lifetime of John Newton, to the use of (4) during the life of (1), upon trust to preserve the contingent remainders; and from the death of (1), to the intent that Mary Bostock and her assigns, if she survives (1), may yearly have for jointure an annuity of £200. Distraint in case of arrears.
The property charged with an annuity of £200, after the death of (1), to the use of (5) for 500 years upon trust; and from the determination of this term, to the use of the first son of (1) by (3) and the heirs male of such first son. For default of such, to the second and other sons and their male successively. For default of such issue, to the use of (4) for 1,000 years upon trust; and from the expiration of that term, to the use of (1), his heirs and assigns forever.
The term of 500 years limited to (5) is on trust first for the better securing to Mary Bostock during her life of the payment of the annuity of £200. And upon further trust that if there shall be an eldest son of (1) by (3) and also younger children, on trust that (5) shall after the death of (1) raise £1,500 for the portion and portions of such children. Details concerning payment.
The term of 1,000 years limited to (4) is on trust, that if there are no sons of the marriage who reach the age of twenty-one, but there shall be daughters, then in trust that (4) shall after the death of (1) raise such sums for the portions of such daughters, viz. £2,000 for one, or £3,000 for two or more. Details. Yearly maintenance for daughters until they receive portions equivalent to the interest on their portions.
Proviso that if there shall be no child of the marriages, then Mary shall have full power to charge all or part of the property (with the exception of the advowson of Bassingham) with the payment of any sum not exceeding £500 principal from the time of her decease for the use and benefit of such person or persons as she shall deem meet.
Recites that (1)'s grandfather, John Newton, was possessed of a messuage or tenement in Irnham in which he dwelt and of a cottage or tenement in Irnham heretofore in the tenure of Samuel Key and of several closes in Irnham for the residue of a term of £500 years beginning in 1699 granted to him by John Thimelby. By his will of 9 Oct 1728 he bequeathed the said lease, chargeable with the payment of £20 a year, to his son William Newton during his life and £15 a year to his daughter Winifred Newton during her life and £10 a week to his son-in-law John Messenger during his life, to the testator's daughter-in-law Elizabeth Newton (still living) and to his grandson, (1); to whom also he gave a lease of several closes in Irnham, granted to him by the Hon. Dorothy Thimelby, dated 3 Dec 1718, ie a moiety of the leases to the said Elizabeth Newton for the term of her life, then to his grandson John Newton for his life, to whom he gave the other moiety of the leases for his life, and after his death to his male issue, and if none such, to the use of the next eldest of his other grandsons who should then have issue male, and for want of such, to the right heirs of John Newton forever.
Recites that (1) proposed to settle this moiety upon the issue male of the marriage, for the residue of the term of 500 years, but since it was doubted whether the moiety would not after his death by virtue of the will belong to his issue male, as well such as he may have by Mary as those which he may have by any other wife, and whether therefore he has power to settle it.
(1) Therefore covenants with (4) that if it is deemed that he has absolute property in the moiety or that he has power to make such settlement, then he will execute such acts requisite for assigning to (4) the said moiety granted by the lease of 1699, for the residue of the term of £500 years, in trust to allow the profits to be received by (1) during his life, and from his death by his first son by Mary until he shall reach 21 or die under age without issue male. And in case such first son shall reach 21, then to assign the moiety to him for the residue of the term. If such son shall die before 21, they shall hold in trust for the second and other sons successively.
Sigs. And seals.
Endorsements
(i) Witnesses to sealing (by T. Farmery): Wm Pettener, Nevil Badge (by other parties): George Wilmot, John Eycott.
(ii) Memo of enrolment in Common Pleas, 9 May 1750.
(iii) Memorandum of lease and release, dated 20 & 21 June 1839 between (a) John Newton esq. (b) George Clifford esq. (c) William Newton esq. (d) John Reeve esq. (e) Ellis Reeve esq. (f) Philip Reeve.
Property: manor or lordship of Bassingham, messuages or tenements, farms, lands, closes etc. in Bassingham formerly in the occupation of Thomas Staniland, John Uffindale, John Poole, William Lambe, the executors of George Marshall, Joseph Sibsey, Hannah Cockayne, John Parey and William Robinson as tenants thereof to Vincent Newton, esq., deceased, from year to year at several yearly rents amounting to £593 6s. 3d., but then late in the possession or occupation of Andrew Bartholomew, William Bartholomew, Francis Cockayne, Thomas Glasier, John Poole, George Rogers, Thomas Seward, Widow Seward, Joseph Sibsey and John Uffindale, tenants from year to year at rents amounting to £611 19s. 6d.
Schedule of the property, showing occupier, field names, culture, acreage, and number on plan, which accompanied the conveyance.
Property settled in trust for John Reeve.
Covenant for production of this settlement between John Newton and John Reeve, dated 21 June 1899. | Subjects: | Country Estates | Temporal: | 9 Jan 1749 | Source: | Lincolnshire County Council | Identifier: | http://www.lincstothepast.com/Records/Re... | Go to resource |
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