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Description: | (1) Henry, Lord Arundell, Baron Arundell of Wardour, Wiltshire.
(2) Mary Conquest of Irnham, spinster, an infant under the age of twenty-one, ie twenty, only sister and heir at law of Benedict Conquest the younger late of Irnham, esq. deceased, as his sole executrix and residuary legatee, and John Frederick of Wellingborough, Northamptonshire, esq., guardian of Mary Conquest appointed by the High Court of Chancery.
(3) John Maire of Lartington, Yorkshire, esq., and Francis Fawkes of Furnivals Inn, London, gent.
Marriage intended between (1) and (2). Recites:
(a) That Mary Conquest, under the marriage settlement of her father and mother dated 26 Oct 1733 is entitled to £4,000 being the provision made by such settlement for her portion if she lives to attain the age of twenty-one. Under this settlement, on the death of her late brother Benedict Conquest the younger, she became entitled as tenant in tail in fee simple to freehold estates of the value of £1,800 per annum or upwards, subject to the payment of a charity of £50 p.a. to certain almshouses, besides £4,000 for her portion. On these estates there is timber of some value over and above the coppices or spring woods which produce on an average about £200 p.a.
(b) She is seised of a present estate in fee simple of certain other freehold premises in Lincolnshire worth £600 p.a. more, which were vested in her on the decease of Benedict Conquest the younger.
(c) She is also seised, in her right or as residuary legatee of Benedict Conquest, of a considerable personal estate, arising chiefly from the rents and profits of the freehold estates, partly in his lifetime and partly since his death, amounting to some £15,000. But the greatest part of such personal estate, which came to the hands of their late uncle and guardian, George Markham, esq., deceased, is in a precarious state as he died greatly indebted and in bad circumstances.
(d) Henry, Lord Arundell, being seized of family estates in Wiltshire, Hampshire, Dorset, Somerset, Devon and Cornwall as tenant in tail in possession with remainders to his brothers and uncles and their male issue has barred such estates tail by common recoveries and obtained an estate in fee simple in possession. Being also seized of an estate tail in remainder immediately expedant on the decease of his mother, Mary, Dowager Lady Arundell, with remainder to his brother in tail and the last remainder to his mother and her heirs, he has with his mother's concurrence suffered recoveries and barred the said estate tail with the remainders. The uses of the recoveries are declared to be subject to the joint appointment of himself and the Dowager Lady Arundell for their joint lives, and subject to his single appointment if he survives. In this way absolute dominion is vested in them in a moiety of freehold estates in Cornwall and Dorset, his estates in possession being worth £5,761 4s. 8d. and his estates in remainder after his mother's death being worth £2,000 p.a. These estates are subject to the following incumbrances, viz. £1,000 p.a. rent charge as jointure to the Dowager Lady Arundell, his mother, for life, and of several sums in gross amounting to £48,000, provision for his brother and uncles. Henry, Lord Arundell's estate in remainder after the death of his mother is subject to mortgages to the amount of £15,000
(e) By order of the Court of Chancery in Mary Conquest by John Frederick her next friend plaintiff, and Edward Markham, esq., Mary Markham, widow of Thomas Markham Esq., deceased, and others, defendants, dated 2 Feb last, it was referred to one of the Masters of the court to consider a proposal of marriage made to Mary Conquest by Henry, Lord Arundell, and for a settlement to be made on her and the issue of the marriage, if it should take effect. The Master reported that Henry, Lord Arundell, should make proper settlements of estates in possession of the full value of £5,000 p.a. and secure to Mary and the issue of the marriage from part thereof £500 p.a. pin money during the joint lives of Mary and Henry, Lord Arundell, and £1,000 p.a. jointure in case of her surviving him. That there should be a term raised in some other part of such estates of £5,000 p.a. upon trust to raise money to pay off the £48,000, and to apply to the same for exonerating and discharging the part to be charged with the pin money and jointure and with the provision for younger children against the £48,000 which is a charge upon the whole of his lordship's estates in possession of £5,000 p.a. As the rest of the estate in possession, of the value of £761 4s. 8d. over and above such £5,000 p.a. are also affected with the £48,000, the indemnification was to be extended to such residue of his lordship's estates in possession, of the value of £761 4s. 8d. the said incumbrances, and against the £1,000 p.a. jointure to Dowager Lady Arundell. Further particulars of settlement proposed. It was proposed that Mary Conquest's landed and moneyed fortune should be settled, viz. her landed estate (except Beelsby), of the yearly value of £540, to be limited to Lord Arundell and Mary, after their marriage, for their lives and the longer liver of them, subject to a provision for their second son of £200 p.a. And after the death of the survivor of them to their second and other younger sons successively, taking the name of Conquest, in tail male, remainder to the eldest son in tail male, remainder to such uses and for such estates as Mary Conquest should appoint. Her estate at Beelsby to be limited to such uses as she should appoint. Her moneyed fortune, after payment of the £4,000 for her portion, to be all settled for her separate use and disposal. A covenant to be included about timber sales on their two estates. The Chancery Master considered such a settlement fair and reasonable and his report was confirmed by order of the court on 24 March and the Master was to see the proposal carried into effect by the execution of proper marriage articles and on the execution of such articles John Frederick, the guardian, was directed to consent to the marriage.
(1) covenants with (3) that he will execute conveyances to settle:
Property: castle of Wardour, manor or lordships of Tisbury, Bridsor, Wardour, Donhead, Upper Donhead. Lower Donhead, Hasleton, Anstey, Semley, and Tollard Royal, Wiltshire, with appurtenances, and all messuages, farms, lands, hereditaments etc. of him in Wardour, Semley, Donhead, Donhead St Mary, Donhead St Andrew, Charlton, Ludwell, Combe, Tisbury, Cheesgrove, East Hatch, Bridsor, Hasleton, Anstey, Tollard Royal, Chute, Collingbourne, Rodnam, Ludgershall, Ashgrove and Standon, save what are mentioned in the 3rd subdivision of the schedule hereunto annexed; and advowsons of the parish churches of Donhead St Mary, Donhead St Andrew, Tisbury, and Tollard Royal, Wiltshire.
Manors or lordships of Hampreston, Tollard Farnham, Stubhampton, Compton [Truntmel?] and Melbury Abbas, Dorset, and appurtenances, and all his messuages, farms, lands, tenements etc., in Hampreston, Tollard Farnham, Stubhampton, Compton, Melbury Abbas, Fontmell, Melbury Osmond and Iwerne Minster, Dorset; and advowsons of parish churches of Fontmell, Melbury Abbas, Compton and Hampreston.
Manor or lordship of Ringwood, Hampshire, and the hundred of Ringwood with appurtenances in Ringwood, Upper Kinston, Lower Kinston, Poulner, Heighton, Harbridge, and the New Forest, Hampshire. And his messuages, farms, lands, tenements etc., in the manor of Ringwood and hundred of Ringwood; impropriate rectories of Ladswell and Slapton, Devon.
To be settled as follows.
(a) Premises of the yearly value of £1,554, contained in the 1st subdivision of the schedule hereunto annexed: manor of Hampreston, Dorset, and 2 farms with appurtenances there; 5 other messuages with appurtenances in the parish of Tisbury, Wiltshire; farm in Anstey, and Hook Farm in Semley.
To the use of 2 trustees to be named by Mary Conquest for 99 years, if she and Henry, Lord Arundell, shall so long live on trust; and from the determination of that term, to the use of Henry, Lord Arundell, for the term of his life, with a limitation to trustees and their heirs for the term of his life for supporting contingent remainders; from his death to the intent that Mary Conquest and her assigns, if the marriage shall take effect, and she shall survive him, may take an annuity of £1,000 as jointure.
(b) The rest of the premises, of the yearly value of £3,472 17s. 2d. (in 2nd subdivision of schedule) to the use of trustees for 1,500 years; and from the determination of that term, to the use of Henry, Lord Arundell, for his life, with limitation to trustees during his life to support contingent remainders; and from his decease as for all the other premises, to the use and behalf of other trustees for 2,000 years; and from the determination of that term, to the use of the first and every other son of Henry, Lord Arundell, by Mary Conquest successively; for default of such, to the use of such person as Henry, Lord Arundell, shall appoint; for default of such, to uses of settlement of 26 Jan 1738.
The term of 99 years to be limited during the joint lives of Henry, Lord Arundell, and Mary is in trust to raise £500 p.a. from the rents and profits for the separate use of Mary as pin money.
The term of 1,500 years is in trust to raise such sums as shall be sufficient to pay the principal and interest of the sum of £48,000; and to raise such further sums sufficient to pay what now be due and the payments of the £1,000 jointure and to apply the same so that not only the premises charged with pin money and jointure but the other part of the estate of Henry, Lord Arundell, in possession worth £734 7s. 6d. a year may stand indemnified against the principal and interest of the £48,000 and against what shall be due to Dowager Lady Arundell for the £1,000 per annum jointure.
The term of 2,000 years shall be on trust for better securing the £1,000 annuity and then to raise for the portions of the issue of the marriage, other than the two eldest sons, £10,000 if only one, £20,000 if two or more.
Mary Conquest, with the consent of John Frederick, her guardian, covenants that if the marriage is solemnized and she reaches the age of 21, she will settle all her real estates (except Beelsby) to the use of trustees for 100 years, if she and Henry shall so long live, on trust; and from the determination of that term to the use of Henry, Lord Arundell, and Mary Conquest during their lives and the life of the longer liver; then to the use of trustees for preserving contingent remainders; and from the death of the survivor of them, to the use of the second and other younger sons of Mary by Henry and the heirs male of such sons, to succeed according to seniority successively. In default of such issue, to the use of the first son of the marriage and his heirs male; for default of such, to the use of such person as Mary shall appoint.
The term of 100 years is in trust for raising £200 a year for the maintenance of the second son of the marriage from the time of his attaining 17 years. In default of such son or in the meantime, the profits to be taken by such person next in remainder or reversion.
Her estate at Beelsby to the use of such persons as she shall appoint, upon trust to take the rents and profits for her separate use and disposal as she shall appoint. In default of such appointment, to such uses as are appointed for her Irnham and other estates.
The settlement is to contain clauses for the second and other younger sons of the marriage succeeding to the Irnham estate to take the surname and arms of Conquest. If any of the younger sons succeed to their father's honours and estates, then the Irnham estate to go to the third son, or the next in order, so that the Arundell estate may be separately succeeded to by the eldest son and his male descendants, and the Irnham estate by the second son for the time being and his male descendants.
Provisions concerning timber sales.
Schedule. 1st subdivision:
Particulars and rental of property in Wiltshire and Dorset (yearly rents £1,554).
2nd subdivision:
Property in Wiltshire, Dorset, Devon, and Hampshire (yearly rents £3,472 17s. 2d.).
3rd subdivision:
Property in Wiltshire, Hampshire, Somerset and Cornwall (yearly rents £734 [torn]. | Subjects: | Country Estates | Temporal: | 20 May 1763 | Source: | Lincolnshire County Council | Identifier: | http://www.lincstothepast.com/Records/Re... | Go to resource |
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