|
Date: |
|
Description: | (1) Charles, Lord Clifford, Baron Clifford of Chudleigh, and Eleanora, Lady Clifford, his wife.
(2) William, Lord Stourton, Baron Stourton of Stourton, and Joseph Weld of Pilewell, Dorset, esq.
(3) Francis Witham of Grays Inn, esq., and William Witham the younger of the same, esq.
Recites: that the mortgage debt of £4000 to John Fardell has been discharged by Charles, Lord Clifford, and a mortgage to him for this sum upon other part of the estates comprised in the indentures of 15 May 1811 and 13 Aug 1813 has been granted in trust for Charles, Lord Clifford. That (1) are desirous that the following property should be made an indemnity to all the estates in the indenture of 14 Jan 1822 against the mortgage debt of £6000 and other principal sums of money now affecting it.
(1) direct and appoint that such parts of the property comprised in the fine of Easter, 51 Geo. III, or indenture of 15 May 1811 or indenture of 13 Aug 1813 as still remain subject to their joint appointment (except such as are comprised in indentures of 13 &14 June 1822) shall be, and they release them to (3) to be held to the following uses: to such uses as (1) shall appoint, in default of such appointment, to the use of Eleanora, Lady Clifford, and her assigns for the term of her life. And from the determination of that estate in her lifetime, to the use of (2) during her life in trust for her. And from her death, to the use of Charles, Lord Clifford, and his assigns for term of his life. And from the determination of that estate in his lifetime, to the use of William, Lord Stourton, and Joseph Weld during the life of Charles, Lord Clifford, in trust for him during his life. And from the death of the survivor of them to (2) on trust that (2) by sale or mortgage shall raise such sums of money as they think proper for discharging the debts and other incumbrances described in schedule attached.
(2) to convey all the property which shall not be sold in such a manner that it shall be charged with the payment of a perpetual annual sum of £100 to Francis Witham and William Witham the younger, to commence from the death of the survivor of (1). Agreed that (2) shall dispose of the residue, if any, of the money arising from any such sale or mortgage in the manner in which the money produced by any sale which shall be made in exercise of the power of sale contained in indenture of 14 Jan 1822 is directed to be disposed of.
Schedule of debts and incumbrances: £10000 for the portions of the children of Charles, Lord Clifford, and Eleanora, Lady Clifford, charged on the estate by an indenture of 30 Nov1786.
£5000 legacy given by the will of Mary Christina, Dowager Lady Arundell, to her grandson the Hon. Benedict Conquest Arundell on his attaining twenty-one.
£2000, given by the bond of Mary Christina, Lady Arundell, to Christina, the wife of Humphrey Weld, esq.
£3000 on a mortgage of Hawthorpe, transferred to the Hon. Hugh Charles Clifford and William Constable Maxwell esq. 24 June last.
£6000 on a mortgage transferred to Hugh Charles Clifford and William Constable Maxwell 29 Jan. 1822.
£4000 on a mortgage owing to Hugh Charles Clifford and William Constable Maxwell.
£7000 on a mortgage of 29 June 1824, owing to Francis Witham as trustee for Lord Clifford.
Total: £37000
In addition, an annuity of £150 p.a. given by the will of Mary, Lady Arundell, to the Hon. Anna Maria Arundell. Any sum of money, not exceeding £10000, to be charged by Charles, Lord Clifford, and Eleanora, Lady Clifford, under the present deed.
Endorsed: -
A. Deed of appointment
Charles, Lord Clifford, and Eleanora, Lady Clifford, by virtue of the powers given them in the above deed, appoint that all such parts of the property comprised in the said fine and in the indenture of 13 Aug 1813 as still remain subject to their joint appointment shall be charged with the payment of £2000 to such persons and for such purposes as the survivor of them shall by any deed or by will appoint. They direct that the £2000 shall be considered as part of the £10000, which the survivor of them is within authorised to charge for the portions or provisions of their children.
29 July 1824
B. Memorandum that by a lease and release of 3 & 4 Oct 1839 between (1) William, Lord Stourton, and Joseph Weld, (2) Charles Thomas Clifford, (3) The Rev. William Watson Smythe of 25 Eaton Place, Belgrave Square, Middx., clerk and (4) Thomas Syson of Empingham, Rutland., gent., for £38000 paid by (3) property in the townships of Irnham, Hawthorpe, and Bulby and in the parish of Irnham (described in schedule) were assured to certain uses, for the benefit of William Watson Smythe.
Schedule of property: number on plan (missing), description, occupier, state, and acreage.
Endorsement re: production in Chancery in Clifford v. Smyth. | Subjects: | Country Estates | Temporal: | 19 & 20 July 1824 | Source: | Lincolnshire County Council | Identifier: | http://www.lincstothepast.com/Records/Re... | Go to resource |
|
|