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Description: | Parties:
(1) Charles, Lord Clifford, Baron Clifford of Chudleigh and James Everard Arundell the younger of Irnham Hall, esq.
(2) Henry, Lord Arundell, Baron Arundell of Wardour and Count of the Sacred Roman Empire, and Mary Christina, Lady Arundell, his wife.
(3) Thomas Wiglesworth of Grays Inn, Gent.
(4) The said James Everard Arundell the younger, sole executor of James Everard Arundell the elder of New Sarum, Wilts., esq., deceased.
(5) Benjamin Handley of Sleaford, esq.
(6) Mary Tunstall of Spetsford, Dorset, widow.
(7) William Scott of Serjeant's Inn. Fleet Street, London, esq.
(8) Oswald Milne of the Inner Temple, London, esq.
(9) Charles Biddulph of Burton, Sussex, esq.
(10) Brownlow Bertie, Duke of Ancaster and Kesteven, who survived William Constable of Burton Constable, Yorks., esq.
(11) Matthew Kirwan of Lime Street in the City of London, merchant, and Charles Butler of Lincoln's Inn, Middx., esq., executors of Anthony Garvey late of Norfolk Street in par. St Clement Danes, Middx., esq., dead.
(12) Jacob Bickford Hele of Stert in par. Diptford, Devon, esq.
(13) Robert Holberton of Newton Ferrers, Devon, esq.
(14) Richard Browne of Binleigh in par. Harberton, Devon, gent.
(15) John Paige the younger of Dittiscombe in par. Slapton, Devon, gent.
(16) James Cornish the younger of Totnes, Devon, gent.
(17) John Browne of Binleigh aforesaid, miller
Quotes IRNHAM DEEDS/2/5.
Recites that there was issue of the marriage of Benedict Conquest and Mary Markham a son, who died in his minority a bachelor, and a daughter, viz. Mary Christina, Lady Arundell, and on the death of Benedict Conquest without male issue (his brother John Thimleby (sic) Conquest having died in his lifetime without male issue, Mary Christina, Lady Arundell, became entitled to an estate tail in all the property in 2/5.
Quotes IRNHAM DEEDS/2/8.
Quotes IRNHAM DEEDS/3/1 & 3/2.
Quotes IRNHAM DEEDS/4/1, and that the principal was not repaid. That Anthony Wright died, having bequeathed all his personal estate to Thomas Wright esq., Edmund Plowden esq. and Michael Blount, esq. and appointed them executors.
Quotes IRNHAM DEEDS/5/5, and deed poll of 23 Aug 1803 from Charles, Lord Clifford, declaring that £1000, part of the £1300 consideration money in 5/5 was the money of Mary Tunstall and that the remaining part was his own money, and that Charles Biddulph should stand possessed in trust for securing the payment of £1000 and interest to Mary Tunstall and £300 and interest to him. These sums remain due.
Quotes IRNHAM DEEDS/4/2 & 4/5.
Quotes IRNHAM DEEDS/4/7, 8 & 9.
Quotes IRNHAM DEEDS/5/1 and deed of 20 Sept 1806 endorsed on it quotes IRNHAM DEEDS/4/11. Recites that the principal sum of £2000 was not paid, and James Everard Arundell the elder died on 20 March 1803, having by his will bequeathed all his real and personal estate to his son James Everard Arundell and appointed him sole executor.
Quotes IRNHAM DEEDS/5/2. Recites that the £816 was not paid.
Quotes IRNHAM DEEDS 5/3.
Quotes an indenture of 9 Dec 1800 as quoted in IRNHAM DEEDS/5/4, and 5/4.
Quotes indenture of 14 Feb 1806.
Endorsed on release of 24 April, 1764 (see IRNHAM DEEDS/2/8).
Recites that Edmund Browne has at the request of Lord and Lady Arundell and their trustees, Lord Clifford and James Everard Arundell, agreed to advance £8000 on security of hereditaments in Bulby. That James Everard Arundell, has requested payment by Mary, Lady Arundell, of the £2000 due to him as executor; and Charles, Lord Clifford, has requested payment of the £5455 5s. 3d. due to him and of the £288 14s. 9d. part of the £300 also due to him. That Benjamin Handley has requested payment of £316, part of the sum of £816 due to him. Therefore, the trustees have agreed to apply the £8000 to be advanced by Edmund Browne in discharge of these moneys.
Consideration:
A. £8000 from Edmund Browne to (1) (£5684 to be retained by Charles, Lord Clifford, in part satisfaction of the money owing to or in trust for Charles, Lord Clifford). (3), at the request of (1) and (2) assigns to (12) the principal sum of £5500, part of the sum of £12,000, and the eleven undivided twenty-fourth parts of the lands at Bulby. To (12), but in trust for Edmund Browne, for residue of term of 99 years; and from the death of the survivor of Lord and Lady Arundell and failure of male issue for 1000 years).
B. £2000 to be retained by (4), in satisfaction of the moneys owing to him. (4) at the request of (1) and (2) and at the nomination of Edmund Browne assigns to (12) the principal sum of £2000, part of the £12,000, and the two undivided twelfth parts of (4) of the property at Bulby. To (12) but in trust for Edmund Browne for the residue of a term of 99 years; and from the death of the survivor of Lord and Lady Arundell and failure of male issue for term of 1000 years, but in trust for Edmund Browne.
C. £316 of the principal paid by (1) to (5) in part satisfaction of £816 owing to him on mortgage. (5), at the request of (1) and (2) and at nomination of Edmund Browne, assigns to (12) the sum of £316, part of the principal of £816 secured by the indenture of 26 March 1802, and the interest to grow due for the same and the one fifteenth part of the property at Bulby. The £316 to be held by (12) in trust for Edmund Browne. The fifteenth part to be held by (12) for residue of term of 99 years by the release of 29 April 1800 determinable by the death of Lord and Lady Arundell and failure of their male issue; and then for a term of 1000 years by the indenture of 6 March 1802 granted to (5), but in trust for Edmund Browne, and subject to proviso for redemption.
D. (6) by the appointment of (1) and (2) and at the nomination of Edmund Browne assigns to (12) the two undivided twelfth parts of the lands at Bulby assigned to her by the indenture of 1 May 1802 for residue of a term of 99 years by the release of 29 April 1800 limited to (1) determinable by the death of the survivor of Lord and Lady Arundell and failure of male issue, then for a term of 1000 years which was assigned to (6), but in trust for Edmund Browne, subject to proviso for redemption.
E. (1), by the appointment of (2) assign to (12) all the undivided parts still remaining vested in them for the residue of the term of 99 years limited to them by the indenture of 29 April 1800, determinable as aforesaid, of the lands in Bulby, for the residue of term of 99 years, but in trust for Edmund Browne and subject to proviso for redemption.
F. (1) by the appointment of (2) grant and confirm and Mary, Lady Arundell, appoints to Edmund Browne all the remainder or reversion in fee simple expectant upon the determination of the uses or estates limited by the indenture of 24 April 1764 in the lands in this indenture situated at Bulby. To Edmund Browne, his heirs and assigns, but subject to proviso for redemption.
G. (7) by the appointment of (1) and (2) and at the nomination of Edmund Browne assigns to (13), all the lands etc. in Bulby comprised in the term of 500 years limited by the indenture of 26 Oct 1733 in use to Francis, Lord Middleton, and Charles Pelham the uncle mentioned in schedule annexed, to be held for the residue of a term of 500 years in trust, (without prejudice to the contingent limitations contained in the indenture of 24 April 1764 to the sons of Henry, Lord Arundell, by Mary, Lady Arundell, and to their heirs male) for Edmund Browne, and subject to proviso for redemption
H. (8) by the appointment of (1) and (2) and at the nomination of Edmund Browne assign to Richard Browne all such of the lands etc. in Bulby comprised in the term of 100 years by the indenture of 24 April 1764 limited in use to Mary, Dowager Lady Arundell, and Sir Robert Throckmorton as are mentioned in the schedule annexed, for the residue of a term of 100 years, in trust for securing the payment of the annual sum of £200 when and as it shall become payable; and subject thereto, in trust for Edmund Browne, but subject to the proviso for redemption.
I. (9) by the appointment of (6), (1), and (2) and at the nomination of Edmund Browne assign to (15) all such of the lands etc. being within Bulby comprised in the term of 99 years by an indenture of 10 March 1784 limited to Anthony Wright, and the term of 500 years limited to him as are mentioned in the schedule annexed, to be held by (15) for the residue of a term of 99 years by an indenture of 10 March 1784 granted to Antony Wright, and from the death of the survivor of Lord and Lady Arundell and failure of their male issue, for the term of 500 years granted by the indenture of 10 March 1784 limited to Anthony Wright, but in trust for Edmund Browne and subject to the proviso for redemption.
J. (10) at the request of (1) and (2) and at the nomination of Edmund Browne assigns to (16) all such of the lands etc. in Bulby and the parish of Bulby comprised in the term of 500 years limited by the indenture of 30 Nov 1786 in use to Brownlow Bertie, Duke of Ancaster and Kesteven, and William Constable as are mentioned in the schedule annexed, to be held from the decease of the survivor of Henry, Lord Arundell, and Mary, Lady Arundell, and failure of their male issue for the term of 500 years by the indenture of 30 Nov 1786 in use to Brownlow Bertie, Duke of Ancaster and Kesteven, and William Constable, but in trust for Edmund Browne, and subject to the proviso for redemption.
K. (11) by the appointment of (1) and (2); and at the nomination of Edmund Browne assign to (17) such of the lands etc. in Bulby and comprised in the term of 500 years by the indenture of 9 Dec 1800 granted as are mentioned in schedule annexed for the residue of a term of 500 years granted by the indenture of 9 Dec 1800, in trust for Edmund Browne and subject to proviso for redemption. Proviso for redemption on payment of £8000 with interest at 5 per cent.
Schedule of property in manor of Bulby, showing names of tenants and yearly rents, totalling £610 18s. 3d.
Sigs. and seals.
Endorsements:
(a) Lease for a year:
(1) John Browne of Long Cause House in par. Dartington, Devon esq.
(2) William, Lord Stourton of Allerton Park, Yorks., and Joseph Weld of Lulworth Castle, Dorset, esq.
Property: all the messuages, lands etc. in Bulby, the remainder or reversion in fee simple of which was granted to Edmund Browne and assigned to John Browne of Bruleight or such of them as have not been exchanged or allotted away under any enclosure act and all the lands etc. which have been allotted in exchange.
22 Feb 1839.
Schedule of the property in Bulby.
(b) Release:
(1) John Browne of Long Cause House in par. Dartington, Devon, esq.
(2) Richard Browne of Ingleburn in par. Harberton, Devon, esq.
(3) John Browne of Bruleigh in par. Harberton, gent.
(4) William Holberton of Plymouth, Devon, gent.
(5) John Browne Paige of Totnes, linen draper.
(6) James Cornish of Black Hall, Devon, esq.
(7) Henry Weeks of Stert in par, Diptford, Devon, gent.
(8) William, Lord Stourton of Allerton Park, Yorks., and Joseph Weld of Lulworth Castle, Dorset, esq.
(9) Francis Witham of Wakefield Street, Regent Square, Middx., esq., a Lieutenant of the Royal Navy
(10) George Pitz of Grays Inn, gent.
Recites that Edmund Browne who was intended to have been a party to IRNHAM DEEDS/5/7 but whose name as a party was omitted by mistake, and who was late of Blackemoor in par. Harberton, by his will dated 30 April 1803, appointed his son, the said Richard Browne sole executor, who proved it in the Prerogative Court of Canterbury on 23 Nov 1808, and Edmund Browne left (1) his eldest son and heir at law.
That the principal sum of £8000 and interest due were paid in 1810 to Richard Browne as executor; and all deeds and documents relating to such security were thereupon given up by Richard Browne, but no release or reconveyance was executed.
Deed poll by Mary Christina, Lady Arundell, dated 24 April 1811 and an indenture of 15 May 1811 between (i) Charles, Lord Clifford, and Eleonora, Lady Clifford, his wife (ii) The Hon. Robert Clifford and Thomas Weld esq., and a fine levied in Easter term 51 Geo. III by Charles, Lord Clifford, and Eleonora by which all the property was, subject to the life estate therein of Lady Arundell, who is since deceased, settled to such uses as Charles, Lord Clifford, and Eleonora, Lady Clifford, should appoint.
Lease and release of 19 &20 July 1824 between (1) Charles, Lord Clifford, and Eleonora, Lady Clifford (2) William, Lord Stourton, and Joseph Weld (3) Francis Witham the elder and William Witham the younger, by which all the property with others were charged to such uses as Charles, Lord Clifford, and Eleonora, Lady Clifford, should appoint, and for default of such appointment, to the use of William, Lord Stourton, and Joseph Weld in trust.
That Robert Holberton, in whom the term of 500 years granted by the release of 26 Oct 1733 became vested, has died having appointed his son William Holberton sole executor, who proved the will on 1 April 1830.
That James Cornish the younger in whom the term of 500 years created by the indenture of 30 Nov. 1786 became vested has died, having appointed his son, James Cornish his executor, who proved his will on 22 March 1838.
That Jacob Bickford Hele in whom the four terms of 1000 years created by the 4 indentures of 19 Dec 1801, 30 Jan, 26 March and 1 May 1802 became vested has died, having by his will of 6 Nov 1833 appointed his nephew Henry Weeks sole executor, who duly proved it.
That William, Lord Stourton, and Joseph Weld as trustees under the release of 20 July 1824 and in order to enable them the better to execute their trusts have requested Richard Browne as executor of Edmund Browne to release the property from the principal and interest moneys, which have been discharged.
That William, Lord Stourton, and Joseph Weld have also applied to John Browne of Long Cause House to convey and (4), (6) and (7) as executors, and (5) in whom the term of 500 years created by the indenture of 10 March 1784 became vested, to assign, and (3) in whom the term of 500 years created by the indenture of 9 Dec 1800 became vested to surrender the property to (8) and to (9) and (10).
Consideration: £8000 paid to (2) by (8).
(1) with consent of (2) release, and (3) with the like consent and at the request of (8) assigns and (2) releases to (8).
Property in Bulby as in IRNHAM DEEDS/5/7.
To the use of (8) for trusts in the indenture of 20 July 1824 (4) and (6) at the direction of (2) and nomination of (8) assign to (9) the same property for the residue of the terms of 500 years and 500 years in trust.
(5) and (7) at the direction of (2) and nomination of (8) assign to (10) all the same property, for the residue of the term of 500 years and of the four terms of 1000 years each, but in trust.
23 Feb 1839. | Subjects: | Country Estates | Temporal: | 25 Dec 1806 | Source: | Lincolnshire County Council | Identifier: | http://www.lincstothepast.com/Records/Re... | Go to resource |
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