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Date: |
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Description: | Parties:
(1) Hugh Charles, Lord Clifford, Baron Clifford of Chudleigh, and William Constable Maxwell of Everingham Park, Yorks.
(2) William, Lord Stourton, Baron Stourton of Stourton, Wilts., and of Allerton Park, Yorks. (as having the charge secured by the indenture of 1 June 1828).
(3) Antony George Wright Biddulph, John Wright, Henry Robinson, and Edmund William Jerningham, all of Henrietta Street, Covent Garden, Bankers and co-partners (surviving partners of Nicholas Tuite Selby and Henry Robinson the elder, late of Henrietta Street, bankers, deceased).
(4) The Hon. Charles Stourton of Allerton Park.
(5) The Hon. Charles Thomas Clifford of Irnham Hall (as having the charge created by the indenture of 17 June 1829).
(6) Hugh Charles, Lord Clifford (as trustee under the indenture of 25 March 1832).
(7) Hugh Charles, Lord Clifford and Francis Middelton of Middelton Lodge, esq.
(8) Anthony George Wright Biddulph, John Wright, Henry Robinson and Edmund William Jerningham, surviving partners of Henry Robinson the elder deceased.
(9) Arthur Vansittart of Shottesbrooke Park, Berks., esq., and William Witham of Grays Inn, gent.
(10) Charles Thomas Clifford (as entitled to the equity of redemption in the charge created by the indenture of 3 Aug. 1833).
(11) William Witham, as trustee under the last indenture.
(12) William Benson of Baddesley Clinton, Warws., clerk.
(13) The Rev. Thomas Walsh of Giffard House in the parish of Wolverhampton, Staffs., D.D.
(14) The Rev. Francis Mostyn of Wolverhampton, clerk, and the Rev. William Wareing, late of Slaneford [Stamford], Lincolnshire, but now of Oscott College, Staffs., and Francis Witham the younger of Grays Inn, gent.
(15) The said Charles Thomas Clifford (as having the beneficial interest in moneys secured by the lease and release of 28 & 29 1824).
(16) The said William Witham (as having the annuity of £100 secured by the lease and release of 19 & 20 July 1824).
(17) The said Charles Thomas Clifford, (as tenant for life under the settlement created by the lease and release of 13 & 14 Jan 1822 and 19 & 20 July 1824).
(18) The said William, Lord Stourton, and Joseph Weld of Lulworth Castle esq., (as trustees for the sale under the same indentures).
(19) The said Francis Middelton.
(20) William Scott, heretofore of Serjeants Inn, Fleet Street, London, but now of Upper Seymour Place, esq.
(21) Henry Witham of Lincoln's Inn, esq.
(22) Francis Witham the elder of Wakefield Street, Regent's Square, Middx., esq., a Lieutenant of the Royal Navy.
(23) The said William Witham.
(24) Robert Witham of Gray Inn, gent.
(25) George Pitz of Grays Inn, gent.
(26) Thomas Siely Eldred of Grays Inn, gent.
Consideration: £3000, £6000 and £4000 paid to (1) in full discharge of the moneys secured by indentures of 19 Oct 1807, 4 & 5 April 1817 and 23 & 24 June 1824 and £5000 to (2) in full discharge of the legacy given by the will of Lady Arundell to Henry Benedict Arundell, and the will of Lady Arundell to Henry Benedict Arundell and £1600 to (3) with the approbation of Edmund William Jerningham, in discharge of all monies secured by the indenture of 30 July 1825 and £2200 to (4) in discharge of all monies secured by the indenture of 13 June 1828, and £1600 to (5) in discharge of all moneys secured by the indenture of 17 June 1829 and £2000 to (6) in discharge of moneys secured by the indenture of 25 March 1832; £2000 to (7) in full discharge of all moneys secured by the indenture of 4 Sep 1832; £3000 to (8) in discharge of moneys secured by the indenture of 7 Aug 1833; £3000 to (9) in full discharge of all moneys secured by the indenture of 8 Sep 1835.
(1) - (9) bargain, sell, release and surrender to (18) subject to trusts of indenture of 20 July 1824:
Property at Irnham, Hawthorpe & Bulby described in schedule.
(1), with the consent of (17) and of (18), release to (19) property in the indenture of 5 April 1817 freed from the mortgage created by the indentures of 4 & 5 April 1817 and the legacy of £5000 given by the will of Lady Arundell, but subject to the mortgages and charges created by the indentures of 30 Nov 1786 and 24 June 1813 and to an annuity of £30 to Ann Mary Martin. To be held by (19) under trusts of settlement of 14 Jan 1822.
(1) - (11), with the consent of (17) and (18), on the nomination of (13) and (14), release and surrender to Francis Witham the younger, property in the indentures of 5 April 1817 & 24 June 1824, not included in the settlement of 14 Jan 1822 and property in a release of 20 July 1824. To be held freed from the mortgage charges paid to (1) - (11), but subject to the mortgages created by indentures of 30 Nov 1786 and 24 June 1813 and to an annuity to Ann Mary Martin, but in trust for (17) for securing £4000 and interest secured by a lease and release of 28 & 29 June 1824, and subject thereto in trust for William Witham, his heirs and assigns for better securing to him the annuity of £100 created by a lease and release of 19 & 20 July 1824; and subject thereto, in trust for (13) and (14), for better securing to them £1000 and interest secured by a release of 28 & 29 July 1825. And subject thereto, in trust for William, Lord Stourton, and Joseph Weld, as trustees of the indenture of 20 July 1824.
(20) and (21), with the consent of (1) - (12), and on the nomination of (13) - (19), assign to (24) all the property comprised in the lease and release of 25 & 26 Oct. 1733, and the indentures of 19 Dec 1801 and 30 Jan, 26 March and 1 May 1802, as were assigned to William Scott and Francis Witham the elder, deceased, on 14 Feb 1806, 13 April 1821, and 31 March 1813. To be held for the residue of a term of 500 years and of four terms of 1000 years.
(21) and (22) assign to (25) all such of the property comprised in the indenture of 10 March 1784 as were assigned to Francis Witham, deceased, and to William Witham the elder, deceased, by indentures of 13 April 1821, 29 Jan 1822 and 31 March 1813.
To be held by (25) during residue of term of 500 years in trust.
(13) and Francis Mostyn and William Wareing, with the consent of (1) - (17), assign to (26) property comprised in indentures of 30 Nov 1786 and 24 June 1813 and assigned to Walsh, Mostyn and Wareing by indentures of 7 Nov & 13 March 1837. To be held to (26) for the residue of terms of 500 years and 500 years created by indentures of 30 Nov1786 and 24 June 1813 on trust.
It is declared that (24), (25) and (26) shall be possessed of all the premises for the residue of the terms in trust, viz. the property described in the schedule, in trust for William, Lord Stourton, and Joseph Weld as trustees of indenture of 20 July 1824; the property included in the release and settlement of 14 Jan 1822, in trust as to so much as was comprised in an indenture of 30 Nov 1786, for (24), (25) and (26) for better securing payment to them of £10330 and interest; and after payment thereof as to so much of the premises as was comprised in the indenture of 7 Nov 1837 and in the settlement of 14 Jan 1822, in trust for securing payment of the annuity to Ann Mary Martin, and then in trust for better securing to Walsh, Mostyn, and Wareing the payment of £3000 and interest, and then in trust to attend upon the uses and estates in the settlement of 14 Jan 1822. The residue of the premises, assigned to (24), (25) and (26) in trust for Walsh, Mostyn, and Wareing, for better securing to them payment of £10330; and subject thereto in trust for better securing an annuity to Ann Martin, and subject thereto in trust for Walsh, Mostyn and Wareing, for better securing to them payment of £3000 and interest. And subject thereto, in trust for (5), for better securing to him the principal sum of £4000. And subject thereto, in trust for William Witham, for better securing the annuity of £100. And subject thereto in trust for Walsh, Mostyn and Wareing for better securing to them £1000 and interest. Then in trust for (18), as trustees of the indentures of 20 July 1824, to be disposed of as they shall direct, in trust to allow the terms of years to attend upon the inheritance.
Schedule of property with descriptions and acreages. | Subjects: | Country Estates | Temporal: | 2 Oct 1839 | Source: | Lincolnshire County Council | Identifier: | http://www.lincstothepast.com/Records/Re... | Go to resource |
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