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Description: | Made subsequent to the marriage between Henry, Lord Arundell, and Mary, Lady Arundell, his wife, in pursuance of articles entered into previous to their marriage.
(1) Henry, Lord Arundell, Baron Arundell of Wardour, and Mary, Lady Arundell, his wife, late Mary Conquest, spinster.
(2) George, Earl of Shrewsbury, and George Henry, Earl of Litchfield, one of the Lords of the Privy Council and Captain of the Band of Gentleman Pensioners.
(3) William Hall Gage, Viscount Gage, and John Frederick of Wellingborough, Northamptonshire, esq.,
(4) Mary, Dowager Lady Arundell, mother of Henry, Lord Arundell, and Sir Robert Throckmorton of Buckland, Berkshire, Bt.
(5) Sir George Savile of Rufford, Nottinghamshire, Bt., and Michael Archer Newton of Thorpe, Lincolnshire, esq.
(6) John Maire of Lartington, Yorkshire, esq.
(7) Francis Fawkes of Furnival's Inn, London, gent.
Recites:
(a) Bargains and sales of 19 Jan and 15 April 1763 between (i) Henry, Lord Arundell, (ii) John Frederick and (iii) Francis Fawkes and six common recoveries thereby agreed to be suffered by Henry Arundell of the greatest part of his family estate in Wiltshire, Dorset, Devon, and Hampshire. And by virtues of the limitations contained in the two indentures, the premises stand limited in such manner as to give him the dominion thereof.
(b) Articles of agreement (see IRNHAM DEEDS/2/7).
(c) That soon after the articles, the marriage took place, and Mary, Lady Arundell, has attained the age of 21.
(1) release to (7)
Property:
Castle of Wardour; manors or lordships of Tisbury, Bridsor, Wardour, Donhead, Upper Donhead, Lower Donhead, Hasleton, Anstey, Semley, and Tollard Royal, and all messuages, farms, lands etc. of Lord Arundell in Wardour, Semley, Donhead, Donhead St Mary, Donhead St Andrew, Charlton, Ludwell, Combe, Tisbury, Cheesgrove, East Hatch, Bridsor, Hasleton, Anstey, Tollard Royal, Chute, Collingbourne, Rednam, Ludgershall, Ashgrove and Staundon (save those in the 3rd division of the schedule) and advowsons of the parish churches of Donhead St Mary otherwise Upper Donhead, Donhead St Andrew otherwise Lower Donhead, Tisbury, and Tollard Royal, Wiltshire.
Manors or Lordships of Hampreston, Tollard, Farnham, Stubhampton, Compton, Fontmell and Melbury Abbas, Dorset, and all messuage, farms, lands etc. of Lord Arundell in Hampreston, Tollard, Farnham, Tollard, Stubhampton, Compton, Melbury Abbas, Fontmell, Melbury, Osmond, and Iwerne Minster, Dorset, and the advowson of the parish churches of Fontmell, Melbury Abbas, Compton and Hampreston, Dorset.
Manor or lordship of Ringwood with appurtenances in Ringwood, Upper Kingston, Lower Kingston, Poulner, Heighton, Harbridge, and New Forest. Messuages, farms, lands, tenements, rents tithes etc., of Lord Arundell within the manor and hundred of Ringwood, Hampshire.
Impropriate rectories or parsonages of Lodswell and Slapton, Devon.
Manor or lordship of Irnham, capital messuage called Irnham Hall and appurtenances, together with the Park; messuages or tenements, cottages, closes, lands etc. in Irnham now or late in occupations of Widow Beeston, Thomas Bland, John Boyd, George Brewster, Basil Collingwood, James Cox, Robert Dent, John Drewry, Richard Harwood, Richard Heley, Robert Harwood, William Hussey, Samuel Key, Winifred Laxton, John Mabson, Charles Moulds, Francis Musson, John Newton, Robert Newton, John Ridsdale, John Strawson, Ann Willis, John Willis, Sharp Wilson, William Wright, John Wright and William Yates; messuages or tenements, cottages, farms, closes, lands, arable, meadow and pasture grounds and hereditaments in Hawthorpe now or late in tenure of John Adams, William Barnet, Stephen Bullimer, William Cox, Anthony Langworth, William Barnet. Messuages or tenements, cottages, farms, closes, lands, arable, meadow, pasture grounds etc. in Bulby now or late in the tenures of William Bernard, William Bates, Robert Beeston, Thomas Beeston, John Bristowe, Catherine Cook, Thomas Cox, Peter Dawson, William Harwood, Walter Gillson, Thomas Kelly, Thomas King, John Lewin, Thomas Musson, Jacob Pitts, and John Wright. All those woods and wood grounds in Irnham, Hawthorpe and Bulby (360 acres) called the Old Park, Bulby Hallwood, the Westwood, Catborough Wood and Southwoods.
Manor of Corby with appurtenances and the rectory or parsonage and great tithes of Corby. Messuages or tenements, cottages, farms, closes etc. in Corby now or late in the tenures of John Allen, Widow Allen, Richard Andrews, Widow Andrews, William Andrews, Samuel Ashwell, Widow Baker, Widow Beeston, Lord Albemarle Bertie, John Bish, Robert Bish, William Black, John Brewster, George Brewster, Southern Brewster, John Brooks, Joseph Beeston, Widow Frances Brown, Anthony Collingwood, Joseph Collingwood, Widow Collingwood, John Cooke, Robert Cooke, Robert Dickins, Widow Dobney, Christopher Gibson, Widow Gibson, John Goodwin, Benjamin Goodwin, Widow Hinde, Hopkinson, Leonard Hoe, Robert Kirk, Widow Lane, Jeremiah Mann, Thomas March, Samuel Moulds, Elizabeth Moore, Widow Morris, Edward Mottram, Francis Musson, William Musson, ? Naylor, widow, Richard Newcomb, William Newcomb, Jerwas Newton, Thomas Newton, Nicholls, Widow North, George Orper, John Osborn, John Padget, John Peak, Widow Priest, Samuel Pridmore, Richard Reddish, Samuel Rolleson, Widow Sharp, John Smith, Stephen Sutton, Robert Roslin, William Southern, Widow Stephenson, William Todd, Widow Wade, John Wallis, Anthony Watson, James Allen, Francis Wilcox, clerk, and John Wallis.
Manor or lordship of Beelsby, and messuages, tenements, cottages, lands etc. in Beelsby now or late in the tenures of Mrs Deighton, George Lloyd, Francis Thompson, Widow Odling, George Thompson, William Brumby, Alexander Eve, John Fox, Christopher Parker, Widow Fulforth, John Parker, Mary Eve, Francis Lincoln, Anthony Lowis, Mary Markham and William Dawson.
The Lincolnshire properties are the proper estate and inheritance of Mary, Lady Arundell, to be held to be following uses and trusts:
1. Premises of Lord Arundell of the yearly value of £1,554 (as in 1st subdivision of schedule): manor of Hampreston with appurtenances and two messuages or tenements and farms there, and 5 other farms with lands belonging in the parish of Tisbury; messuage and farm in Anstey called Anstey farm; messuage or tenement and farm in Semley called Hook Farm.
To the use of (5) for 99 years, if Henry, Lord Arundell, and Mary, Lady Arundell, shall so long live, on trust. From the determination of that term, to the use of Henry, Lord Arundell, for the term of his life; and from the determination of such estate in his lifetime to the use of (6) and (7) for the life of Lord Arundell, on trust to preserve contingent remainders, and from his death to the use that Mary, Lady Arundell, if she survives him, take and enjoy for her jointure an annual rent of £1,000 from the premises.
2. The rest of Lord Arundell's property - of a yearly value of £3,472 17s. 2d. to the use of (3) for 1,500 years on trust. From the expiration of such term, to the use of Henry, Lord Arundell, and his assigns for term of his life. From the determination of that estate, to the use of (6) and (7) during the life of Henry, Lord Arundell, upon trust to preserve the contingent remainders; and from the death of Lord Arundell the whole of his estates to the use of (2) for 2,000 years upon trust; then to the use of the first son of Henry, Lord Arundell, by Mary, Lady Arundell, and the heirs male of such son; for default of such to the use of the second and other sons and their heirs male successively; for default of such to the use of such person or persons and for such estate as Lord Arundell shall appoint.
3. Irnham and rest of Mary, Lady Arundell's property, to the use of (7), his heirs and assigns so that he may become tenant of the freehold and inheritance for suffering a recovery or recoveries. John Frederick and John Maire to be demandants. Henry, Lord Arundell, and Mary, Lady Arundell, to be vouchees. Frederick and Maire to be seized to the following uses: all her estate except that at Beelsby worth £550, to the use of Mary, Dowager Lady Arundell, and Sir Robert Throckmorton for 100 years if Mary, Lady Arundell, and Henry, Lord Arundell, shall so long live, but on trust; and from the expiration of the term of 100 years to the use of Henry, Lord Arundell, and Mary, Lady Arundell, for the term of their lives and the life of the longer liver of them; and from the determination of the estate during the lifetimes of Henry and Mary, to the use of (6) and (7) and their heirs for the lives of Henry and Mary, on trust to preserve contingent remainders. From the decease of the survivor of Henry and Mary, to the use of the second son of their marriage, and the heirs male of such son. For default of such, to the use of the third, fourth, fifth and all other the younger sons of Mary by Henry successively, and the heirs male of such son. For default of such, to use of the first son of Mary by Henry, and his heirs male. For default of such to the use of such person and persons and for such estate as Mary, Lady Arundell, shall appoint. Further reminders.
Her estate at Beelsby to the use of George, Earl of Shrewsbury, and Sir George Savile and their heirs upon trust that they shall convey or dispose of the premises to such person and for such estate as Mary, Lady Arundell, shall appoint, and in default thereof, as in the meantime during the joint lives of her and of Henry, Lord Arundell, upon trust that George, Earl of Shrewsbury, and Sir George Savile and the survivor of them and his heirs shall receive the rents and profits for the sole and separate use and disposal of Mary, Lady Arundell, and for default of such appointment, to be to the same uses as the Irnham estate.
If there is more than one younger son and any of them shall happen to succeed to the Barony of Wardour and shall also succeed to his mother's estate, or shall become heir apparent to Henry, Lord Arundell, then the Irnham estate and the other estates of Mary, Lady Arundell, shall remain to such next and other younger son.
Proviso that such of the younger sons of the marriage to whom Irnham and the other estates of Mary, Lady Arundell, shall come in possession shall take and use the surname and bear the arms of Conquest. The Arundell estate to be enjoyed by the eldest son, together with the dignity of a baron of the realm, and his male descendants, and the Irnham and other estates of Mary, Lady Arundell, by the second son and his male descendants.
The term of 99 years is in trust that (5) shall out of the rents and profits raise £500 p.a. for the sole and separate use of Mary, Lady Arundell. (5) shall allow the rents and profits to be received by the person to whom the next remainder expectant on the determination of the same term shall belong, to whom any surplus profits over £500 shall be paid.
The term of 1,500 years is in trust that Lord Viscount Gage and John Frederick shall raise such sums as shall be sufficient to pay the principal of the sum of £48,000, being the amount charged on Henry, Lord Arundell's estate, as provisions for his brother and uncles and shall pay the same for discharging such parts of his estates as are comprised in the term of 99 years for securing such pin money, and charged with the jointure of Mary, Lady Arundell. Upon further trust that the trustees shall out of the rents and profits of the premises comprised in the term of 1,500 years and out of fines for renewal of leases, raise such further sums of money as shall be sufficient to answer both what at the time of making the marriage articles was due, and also the accruing payment hereafter to incur and grow for interest of the £48,000 and on account of the sum of £1,000 a year charged upon Lord Arundell's estates to Mary, Dowager Lady Arundell, for her jointure, and pay the same so that under the trusts of the term of 1,500 years not only the premises charged with such pin money and jointure of Mary, Lady Arundell, but also the other part of the estate of Henry, Lord Arundell, worth £734 7s. 6d. may both be discharged therefrom.
The term of 2,000 years is on trust for further securing the annuity of £1,000 provided for the jointure of Mary, Lady Arundell. Then on trust to raise for portions of the younger children (other than the eldest sons for the time being), £10,000 if only one, and £20,000 if more than one, to be paid to them at the age of twenty-one or on the day of marriage. Further sums to be raised for the maintenance of younger children in the meantime, but not to exceed the interest on their portions. Further provisions.
The term of 100 years is in trust that Mary, Dowager Lady Arundell, and Sir Robert Throckmorton shall out of the rents and profits raise the annual sum of £200 and apply the same for the maintenance of the second son of Henry, Lord Arundell, and Mary, Lady Arundell, from his age of seventeen.
Proviso concerning felling timber on lands of Mary, Lady Arundell, for raising her portion of £4,000, and from lands of Henry, Lord Arundell, for reducing debt on his estate.
Henry, Lord Arundell, and Mary, Lady Arundell, assign to Sir George Savile and Michael Archer Newton all the personal estate of Mary, Lady Arundell, at the time of her marriage, upon trust that therefrom they shall pay to Henry, Lord Arundell, such sums as will make up £4,000 with the money raised from sale of her timber, and subject thereto, for her sole use and benefit.
Agreed that a fine is to be levied between the parties for the premises of Mary, Lady Arundell, shall be the use of Francis Fawkes and his heirs in aid of these presents, for better making him a tenant of the freehold for suffering a recovery.
Schedule under 3 subdivisions (see IRNHAM DEEDS/2/7).
Sigs. and seals.
Endorsement:
Assignment of a term of 100 years:
(1) Sir John Courtenay Throckmorton of Buckland, Berkshire, Bt.
(2) Henry, Lord Arundell, Baron of Wardour, and Mary Christina, Lady Arundell, his wife.
(3) Charles, Lord Clifford, Baron Clifford of Chudleigh, Devon, and James Everard Arundell of Irnham Hall, esq.
(4) Oswald Milne of the Inner Temple, esq.
Recites:
(a) Lease and release of 23 & 24 April 1764.
(b) Lease and release of 28 and 29 April 1800 between (i) Henry, Lord Arundell, and Mary Christina, Lady Arundell, (ii) Charles, Lord Clifford, and James Everard Arundell. Recites:
That the property is subject to certain mortgage debts amounting to £3,716 and to the payment, after the death of the survivor of Lord Arundell and Mary Christina, Lady Arundell, of £10,000 and interest to the trustees of the settlement 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, the second daughter and only other child of Henry, Lord Arundell, by Mary, Lady Arundell. Henry, Lord Arundell, and Mary Christina, Lady Arundell, had not had male issue, and from their advanced age there was no probability of their having such.
Mary Christina, Lady Arundell, with the approval of Henry, Lord Arundell, directs and appoints that all the property which by the indentures of 23 and 24 April 1764 were settled should immediately after the death of the survivor of them, Henry, Lord Arundell, and Mary Christina, Lady Arundell, and failure of issue male of their marriage remain to the use of Charles, Lord Clifford, and James Everard Arundell, their heirs and assigns upon the trusts in the settlement of 1764.
(2) released to (3) property as in a release of 24 April 1764. To the use of (3) for 99 years, if Henry, Lord Arundell, and Mary Christina, Lady Arundell, or the survivor of them should so long live, on trust; and on the determination of the term of 99 years, and in the meantime subject thereto and to the trusts thereof, to the use of Henry, Lord Arundell, and Mary Christina Arundell and the survivor of them by way of continuation or restoration of the estate by the indenture dated 24 April 1764 limited to the use of Henry and Mary Christina and the survivor of them, and subject thereto, to the uses by the said indenture limited to the trustees for preserving contingent remainders and their heirs during the lives of Henry, Lord Arundell, and Mary Christina, Lady Arundell, and to the issue male therein mentioned, by way of continuation or restoration of the uses and estates. And after the determination of the uses or estates or when and so soon as the same should become incapable of taking effect, to the use of Charles, Lord Clifford, and James Everard Arundell upon certain trusts.
Covenant included that Henry, Lord Arundell, and his wife should levy a fine of the premises, to be to certain uses.
A fine was levied in Trinity Term, 1801. Recites that Mary, Dowager Lady Arundell, and Sir Robert Throckmorton, trustees of the term of 100 years, have died. Sir John Courtenay Throckmorton is sole executor and personal representative of Sir Robert Throckmorton. There is no probability that there will be any son who will be entitled to the benefits of the trusts of the said term of 100 years. Henry, Lord Arundell, Mary Christina, Lady Arundell, Charles, Lord Clifford, and James Everard Arundell desire that the residue of the term of 100 years, now vested in Sir J Courteney Throckmorton, shall be vested in Richard Preston in trust.
(1), by the appointment of (2) and (3), assigns to (4) all the property in the indentures of 23 & 24 April 1764 for the residue of the term of 100 years in trust for securing the payment of the annual sum of £200, and subject thereto, in trust that the residue of the term of 100 years may wait upon the freehold and inheritance of the property, so that the freehold, reversion, and inheritance, mortgages, and charges may be protected and preserved.
14 Feb 1806.
Sigs and seals. | Subjects: | Country Estates | Temporal: | 24 April 1764 | Source: | Lincolnshire County Council | Identifier: | http://www.lincstothepast.com/Records/Re... | Go to resource |
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