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Description: | (1) Mary Gifford of Longbirch, Staffordshire, widow.
(2) Francis, Lord Middleton of Woolaton, Nottinghamshire, and Charles Pelham of Brocklesby, esq.
(3) Sir Walter Bagot of Blyfeild, Bt., Staffordshire, Charles Reynolds of the Inner Temple, London, esq.
(4) Benedict Conquest of Houghton Conquest, Beds., esq.
(5) Mary Markham of Claxby, Lincs., spinster.
Marriage intended between (4) and (5), and (5)'s fortune is to be £4,000.
(1) releases to (2):
Property: lordship of Irnham, capital messuage called Irnham Hall; messuages, tenements, closes, lands, arable, meadow, pasture grounds and hereditaments of (1) in Irnham, now or late in the tenures of her the said Mary Gifford, Mrs Newton, Mrs Jane Brown, Mrs Knight, Peter Beeston, Mr Peter Willis, Richard Adams, Basil Collins, William Cox, Thomas Cox, Widow Day, Widow Drury, John Dracot, Robert Dent, Widow Elsworth, Richard Healey, William Hussey, Widow Gamble, Widow Key, John Mabson, Widow Onions, Richard Rogers, John Strawson, Agnes Taylour and Peter Willis Junior; messuages or tenements, cottages, closes, lands, arable, meadow, pasture grounds and hereditaments of (1) in Hawthorp [Hawthorpe] in the tenure of Mr Langworth, Mr [blank], William Barnet, Edward Greenbury, Christopher Towns, Widow Walbank, John Parker, William Cox and Mr Peter Beeston or their undertenants or assigns; and messuages, tenements, cottages, closes, lands arable, meadow, pasture grounds and hereditaments of Mary Gifford in Bulby in the tenures of Mrs Anne Brown, Mrs Jane Brown, Mr William Beeston, Mr Thomas Beeston, Mrs Knight, William Bates, Thomas Caverly, John Boarding, Thomas Cox, William Heyrick, John Harwood, Widow Harwood, William Harwood, Mr Peake, John Walton and John Wallis; Woods and woodgrounds of (1) in Irnham, Hawthorpe and Bulby (360 acres) called the old park, Bulby Hallwood, the West Woods, Catborough Wood, and South Woods; manor of Corby and rectory and great tithes of Corby, and messuages, cottages, closes, lands etc. of (1) in Corby, and all other the manors, lordships, messuages, lands etc. of (1) in Irnham, Hawthorp, Bulby and Corby.
To be held to the use of (1) and her heirs until the marriage, then the premises in Irnham, Hawthorpe and Bulby to the use of (4) and his assigns for term of his life, then to the use of (2) during the life of (4), upon trust to preserve contingent uses, but on trust to allow (4) to take the rents and profits for term of his life; and from the death of Benedict Conquest to the use of (2) for 500 years; and from the determination of the term of 500 years, to the use of the first son of (4) by (5) and of the heirs male of such first son; for want of such, to the use of the second son of (4) by (5) and the other sons, successively, and of the heirs male of such son. For want of such issue, to the use of (3) for 1,000 years on trust, and after the termination of the term of 1,000 years then (subject to a rent charge of £400 upon a certain contingency) to the use of the heirs male of Benedict Conquest and for want of such to the use of John Thimelby Conquest, brother of Benedict Conquest and of the heirs male of the body; for want of such issue, to the use of the heirs of the body of Benedict Conquest; for want of such issue to the use of the heirs of the body of John Thimelby Conquest; and for want of such issue to the use of the right heirs of Mary Gifford forever.
The manor of Corby and all other the premises there to the use of Mary Gifford for term of her life, then to the use of Benedict Conquest for term of his life; then to the use of Francis, Lord Middleton, and Charles Pelham and their during the life of Benedict Conquest upon trust to support the contingent uses but on trust to allow Benedict Conquest to receive the rents and profits for term of his life; and after the death of Benedict Conquest, to the intent that Mary Markham should have for term of her life, in lieu of jointure or dower, an annuity of £400 from the manor of Corby. Proviso that if Benedict Conquest dies in the lifetimes of Mary Markham and Mary Gifford leaving any issue, then Mary Markham shall have the annual sum of £400 for her life from the death of Benedict and during the lifetime of Mary Gifford.
If he dies without issue in the lifetime of Mary Gifford, then the rent charge shall be issuing out of premises in Irnham, Hawthorpe and Bulby, and not out of Corby, during the life of Mary Gifford. The premises shall then be to (2) for 99 years from the death of the survivor of Mary Gifford and Benedict Conquest upon trust that if Mary Markham shall be disturbed in possession then they shall raise £4,000 and pay it to such appoint. After the determination of the term of 99 years, the manor of Corby, charged with this rent charge, shall be to the use of the first son of Benedict Conquest by Mary Markham and of the heirs male of such first son, and for want of such to the use of the second and other sons and their heirs male successively; for want of such to the use of the heirs male of the body of Benedict Conquest, and for want of such to the use of John Thimelby Conquest and the heirs male of his body, and for want of such to the use of the heirs of Benedict Conquest; and for want of such to the use of the heirs of John Thimelby Conquest, and for want of such to the use of the right heirs of Mary Gifford forever. The term of 500 years is on trust that if there shall be a son of the marriage and one other child, then (2) shall after the death of Benedict (or in his lifetime if he shall signify his consent) raise money for the portion or portions of such younger child or children, £4,000 for one, £6,000 for more, to be divided among them; and upon further trust to raise for the maintenance of such younger child or children from the death of Benedict until their age of eighteen £80 if one, £60 each if more than one. From the age of 18, until their portions are due, each younger child shall have the full interest of his portion at 4 per cent.
The term of 1,000 years is in trust that if there shall be no issue of the marriage or none surviving and there shall be one or more daughters who shall live to be married or come of age, then (3) shall raise money for the portions and maintenance of such daughters, £4,000 if one, £6,000 if more than one, at marriage or the age of twenty-one. Maintenance £80 for one or £60 each if more than one. From eighteen until the portions are payable, the daughter to have the full interest on their portions at 4 per cent.
Recites that John Thimelby esq. deceased, father of (1), did in his lifetime build an almshouse for six poor persons and willed that £50 a year should be applied to its maintenance. Therefore it is agreed that the premises in Irnham shall from henceforth forever be liable to the payment of the yearly sum of £50. Recites also that Samuel Britton, present vicar of Corby and rector of Irnham, Hawthorpe and Bulby, demised the small tithes of Corby and all the tithes of Irnham, Hawthorpe and Bulby to Mary Gifford for so long as he should live and continue as rector and vicar, under the yearly rent of £110. Now Benedict Conquest covenants with Mary Gifford that she may take at any time during her life all such timber or trees out of the premises in Irnham as she judges necessary for repairing her houses and tenements in Corby, and that she shall have for her use all such venison as she requires yearly during her life out of Irnham Park or elsewhere out of Irnham without payment.
Sig., and seals: Ma. Giffard, Ben. Conquest, Mary Markham
Endorsements:
(1) Witnesses to sealing (by Mary Gifford): John Arthwright, William [?Brion]; (by Benedict Conquest): Thomas Markham, Lau: Cottram; (by Mary Markham) Thomas Markham, Lau. Cottram.
(2) Receipt for £4,000 by Mary Gifford, 26 Nov 1733.
(3) Assignment of term: (i) Charles, Lord Yarborough, Baron Yarborough of Yarborough. (ii) Henry, Lord Arundell, Baron of Wardour and Count of the Sacred Roman Empire, and Mary Christina, Lady Arundell, his wife. (iii) Charles, Lord Clifford, Baron Clifford of Chudleigh, and James Everard Arundell of Irnham Hall, Esq. (iv) William Scott of Serjeants Inn, Fleet Street, London, esq.
Recites:
(A) That Francis, Lord Middleton, and Charles Pelham died, the latter surviving longest, and that (i) is the executor of Charles Pelham. That Mary Christina, Lady Arundell, was the only younger child of the marriage of Benedict Conquest and Mary Markham who became entitled to the £4,000. That there is a failure of issue of the marriage of Benedict Conquest and Mary Markham, and also of the said Benedict Conquest and also of John Thimelby Conquest. That under the settlement, Mary Christina, Lady Arundell, as only daughter of Benedict Conquest became tenant in tail general in possession of the property comprised in the term of 500 years.
(B) That by lease and release of 23 and 24 April 1764 between (a) Mary Christina, Lady Arundell, (b) George, Earl of Shrewsbury, and George Henry, Earl of Lichfield, (c) William Hall Gage, Viscount Gage, and John Frederick, (d) Mary, Dowager Lady Arundell, and Sir Robert Throckmorton, Bt., (e) Sir George Savile Bt., and Michael Archer Newton, esq., (f) John Maire, (g) Francis Fawkes, and by a fine levied in the following Michaelmas term in which Francis Fawkes was demandant and Henry, Lord Arundel, and Mary Christina, his wife, deforciants, and a recovery suffered in the same term in which John Frederick and John Maire were demandants, Francis Fawkes tenant, and Henry, Lord Arundell, and Mary Christina, Lady Arundell, were vouchees, the property comprised in the term of 500 years was settled to the use of Mary, Dowager Lady Arundell, and Sir Robert Throckmorton for 100 years, if Henry, Lord Arundell, and Mary Christina, Lady Arundell, should so long jointly live upon certain trusts, remainder to the use of Henry, Lord Arundell, and Mary Christina, Lady Arundell, and their assigns for their lives and the life of the longer liver of them, remainder to the uses of John Maire and Francis Fawkes and their heirs during the life of the longest liver of Henry and Mary Christina, upon trust to preserve contingent remainders, remainder to the use of the second son of Henry, Lord Arundell, by Mary Christina, Lady Arundell, and of the heirs male of such second son, remainder to the use of the third, fourth, fifth and other younger sons of Henry by Mary Christina successively, and of their heirs male, remainder to the use of the first son of Henry by Mary Christina, and of the heirs male of such first son, remainder to the use of such person as Mary Christina should appoint; for default of such to the use of the right heirs of Mary Christina forever.
Proviso in the release that if there should be more than one younger son and any of them should succeed to the Barony of Wardour and to the estates of Henry, Lord Arundell, or in case any younger son should in the lifetime of Henry, Lord Arundell, become his heir apparent, then the estates of Mary Christina should after the deaths of Henry and herself go to the use of the next younger son if any. Such younger son who should inherit the estates should use the surname and arms of Conquest.
(C) Lease and release and appointment, dated 28 & 29 April 1800 between:
(1) Henry, Lord Arundell, and Mary Christina, Lady Arundell.
(2) Charles, Lord Clifford, and James Everard Arundell.
Recites that the premises were subject to mortgage debts of £3,716 and to the raising, after the death of the survivor of Henry, Lord Arundell, and Mary Christina, Lady Arundell, of £10,000 and interest to the trustees of the settlement executed on the marriage of James Everard Arundell with the Hon. Maria Christina Arundell, eldest daughter of Henry, Lord Arundell, and Mary Christina, Lady Arundell, and of the sum of £10,000 and interest to the trustees of the settlement executed on the marriage of Charles, Lord Clifford, with the Hon. Eleonora Arundell, second daughter and only other child of Henry, Lord Arundell, by Mary Christina. That Henry, Lord Arundell, and Mary Christina, Lady Arundell, had no sons and were too old to have them now.
(D) Mary Christina, with the privity and approbation of Henry, Lord Arundell, appointed that all the property which was limited by the indentures of 1764, after the death of the survivor of them and failure of issue male, should be to the use of Charles, Lord Clifford, and James Everard Arundell in trust; and (1) released them to (2) to the use of (2), for 99 years, if Henry Arundell and Mary Christina, Lady Arundell, or the survivor of them should so long live in trust, and after the expiration of the term of 99 years, to the use of Henry, Lord Arundell, and Mary Christina, Lady Arundell, and the survivor of them and subject to the uses of the indenture of 1764, by way of continuation and confirmation of the uses and estates, and after their determination, to the use of Charles, Lord Clifford, and James Everard Arundell their heirs and assigns upon the uses declared in the indenture. Covenant on the part of Henry, Lord Arundell, that he and his wife should levy a fine of the same property and a declaration that the same fine should be to the uses in the said release and appointment, and it was levied.
(E) That Henry, Lord Arundell, Mary Christina, Lady Arundell, Charles, Lord Clifford, and James Everard Arundell desire that the residue of the term of 500 years now vested in Charles, Lord Yarborough, shall be assigned to William Scott.
(i) by the direction of (ii) and (iii) assigns to (iv) for residue of term of 500 years.
Property: All the property comprised in the term of 500 years limited to Francis, Lord Middleton, and Charles Pelham, in trust that the uses in the indentures of 1764 may henceforth wait upon and go along with the freehold, reversion, and inheritance of the same property, according to the uses and estates to which the same now stand limited and settled, and subject to the mortgages and other charges above mentioned, so that the residue of the term may be subservient to the same uses, estates, mortgages, and charges.
(i) covenants with (iv) that (i) has not done anything to encumber the property.
14 Feb 1806.
Sig. And seals. | Subjects: | Country Estates | Temporal: | 26 Oct 1733 | Source: | Lincolnshire County Council | Identifier: | http://www.lincstothepast.com/Records/Re... | Go to resource |
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