Title
Marriage Settlement on the intended marriage of William Augustus Skynner and Miss Mary Orlebar by indentures of lease(missing) and release,
Parties
(i) William Augustus Skynner of Goulds Green in the Parish of Hillingdon in the County of Middlesex, Esq.
(ii) Mary Orlebar of Hinwick House in the Parish of Puddington in the County of Bedfordshire
(iii) Richard Orlebar of Hinwick House , father of Mary, Reverend Palmer Whalley, Rector of Ecton in the County of Northampton, Godfrey Kettle of Tower Street, Bedford Square in Middlesex, and Thomas Logger, of Basinghall Street, London, Gentleman.
Recitals
(I) Marriage intended to be solemnised between (i) and (ii).
(II) (ii) seised of and in the possession and in the moiety of certain freehold and copyhold lands and estates in the Counties of Huntingdon and Northampton, and entitled in her own right to money and personal estate.
(III) (i) seised of reversion and inheritance in fee simple immediately on decease of Lydia Ward of Southampton, now in parish of St George Bloomsbury, Middlesex, widow, and in land at Willington and Repton, Derbyshire.
(IV) Indenture of lease dated 24 March 1773, granted by Spencer, Earl of Northampton, to Tobias Wildbore and of several assignments vested to John Watson of the parish of St James, Clerkenwell, Middlesex; Indenture of Assignment 23 December 1777 from JW to (i) entitled to a term of 61 year lease, subject to payment of yearly rent of 34, to all land being part of Wood Close, Northampton Street, St James Clerkenwell and messuage then standing(as with other messuage late in the possession of William Cox, undertenants and all other buildings during said lease and that may be built) except that lately sold to Samuel Mountford by JW.
(V) Messuages and tenements and workshops and sheds have been built on ground now owned by (i) now in the occupations and tenures of tenants paying diverse yearly rents to the sum of 182.13s
(VI) Indenture of lease dated 19 December 1776 from Joseph Brayne, Rosamond Street, St James Clerkenwell, mason, William Stagg of [?] , gentleman, executor of Ebenezer Bourne of same parish, to (i) ; (i) in possession of messuages or tenements in Braynes Buildings fronting Spa field in St James Clerkenwell, in the occupation of Henry Cater and now Thomas Ring for residue of 76.5 years commencing from 25 Dec 1776 at rent of 1.10s
(VII) (i) insured all the said leasehold mesuages from loss/damage to the amount later mentioned by indentures.
(VIII) (i) possessed of 1600 East India stock.
(IX) Conveyance upon marriage of treaty lands of (ii) to (iii).
(X) Assignment to (ii) and heirs; after marriage surrendered to (i), if sold before marriage the proceeds shall go (i) for his own use and benefit in consideration of making provision for (ii) and any issue of the marriage. Lands as in (III), (IV), (V), (VI), and policies as in (VII) and sum as in (VIII) should be transferred to (iii).
(XI) (i) transferred (VIII) to (iii) as part of agreement.
Now this Indenture Witnesseth
Conveyance by lease (missing) and release from (i) to (iii) in consideration of intended marriage, all estates and fortune and 10 s paid to the releasor by the releasee of ;
a) land , messuage or tenement situate at Willington in the county
of Derby, late in possession of Joseph Ward, farm, tenement , croft
and one oxgang situate in Willington, known as Winters Farm.
b) Messuages cottages, lands, tenements formerly copyhold or customary lands holden by copy of Court Roll but since freehold
with all other lands, tenements etc. in Willington or within the fields, liberties, premises or territories all of which are in the are or late were in the respective tenures of ? and Henry Roughton, their heirs and assigns.
c) Messuages, tenements, warehouses, outhouses, buildings and tenants belonging situate at Willington, County of Derby, now or
late in the tenures or occupations of Messrs Smyth and Benjamin Spilsbury.
d) Warehouses and appurtenances situate at Fordmouth Close in
the parish of Repton, Derbyshire, in tenure or occupation of Isaac Royal.
e) Piece or parcel of arable meadow or pasture land situate in the parish of Repton containing by estimation [blank] late in the tenure
of John Pearsal.
f) All other lands of (i) in Willington or Repton, profits, estate rights, title and interest, inheritance, use, trust, possession property claim and demand of (I).
Habendum
Land as in a - f subject to interest of Lydia Ward as in (III) during her life unto (iii), their heirs and assigns and (i) before and after marriage for the term of his natural life and the use of (iii) also, to preserve estates from being defeated or destroyed, (i) to receive rents and profits for his use and benefit , and following the decease of (i) (subject to life estate of LW) to (ii) during the term of her natural life, (iii) to use during the life of (ii) and to give (ii) the profits etc. On the decease of (ii) to the use of all sons of (i) and (ii) and the heirs of the first son and one after the other as they reach seniority of age and priority of birth and of several and respective heirs lawful issue of etc.(subject to life estate of Lydia Ward)to heirs of (i) forever
Now This Indenture Further Witnesseth
Further to execution of considerations proposals and agreements, the sum of 10s paid to the releasor (i) by the releasee (iii) conveys to (iii):
g) Indenture of 24 March 1773 together with messuages,
tenements, workshops and buildings now standing and built within
term granted except land sold and assigned to Samuel Mountford
three of wihich said messuages and tenements with outbuildings situate in Sawpit Yard, Northampton Street, St James, Clerkenwell, Middlesex, late in the occupation of [ ]Wilson and others now let, John[ ], one messuage in the occupation of [ ] Wood, one in the occupation of [ ]Westham, two messuages or tenements in the same street, in the occupation of [ ]Morris and [ ]Baker, yard,shed and two small pieces of ground and three small messuages and buildings, now in the occupations of [ ]Pratt, [ ] Slater, and [ ]Taylor under leases granted by (i) to John Layton and John Fairburn, small yearly rents amounting to 8.11s
h) Indenture of 19 Dec 1776, land now in the occupaion of Thomas Ring, from (I) together with all paths, watercourses, profits, commodities, advantages and appurtenances.
i) Estate rights, title interests, term of years to come and unexpired property claim, demand in law and equity of (i) together with said indentures of lease to all etc
Habendum
Conveyance to (iii) of land in (g - i) and messuages, tenements from 21 May 1790 and for the remainder to come of two terms of 61 years and 76 and a half years subject to payments of yearly rents for the residue of the unexpired terms upon the several declared trusts that (i) , (ii) and heirs and assigns to receive rents for their own use for the term of their natural lives , for the remainder (iii) shall be possessed of (g-i) and rental issues and profits thereof in trust to transfer and assign to the children of the marriage as appointed by (i) and (ii) other than an only son , estates, shares and proportions of (g - i) , witnessed by two or more people shall appoint a Trustee. (iii) shall be possessed of (g-I) in trust to the children of (i) and (ii) other than an only son, equally divided amongst them as tenants in common and not joint tenants, shares to be transferable upon attainment of the age of 21 years or marriage as specified with arrangements in the event of there being one or no children. .
Provisos
(1) (i) and (ii) and the trustees when in possession of lands have the power to lease the premises for up to 20 years.
(2) (iii) with the consent of (i) and (ii) may sell or convey or exchange any part of the freehold land.
(3) Possible subsequent additions, purchased with the authority of (i), (ii) or (iii), should be not more than one quarter copyhold in fee simple, free from incumbrances except rents in England, and under the same provisos as in (1) and (2). Before money is invested in such a purchase it would be lawful for (iii) to put out such sums of money in their names in public stock, funds, government or coal securities, and lawful for (iii) to call in these investments and monies, make sale ofthe securities and place them in other securities, funds etc, interest arising to go to recipients as stated before. And (i) agrees with (iii) that he stands legally and absolutely in posession of estate subject to LW estate and has right to sign agreement with (iii) , lands granted released to (iii) without hindrance from (i).
And This Indenture Further Witnesseth
(h) (i) transfers to (iii) all policies and instrumentsof insurance for premises against fire, policies 69656 and 377,178 for sums of 800 and 300 with Sun Fire Office, and policy no. 83,314 for 250 on the other part with Hand and Hand Office, and all sums received beneffiting from policies and interest
Habendum
(i) to (iii) the said policies (h), and (i) appoints (iii) as attornies jointly to receive sums due or payable, to execute the recovery of such and give good sufficient receipts. All parties agree that sums to be recovered under such policies should be paid and applied by (iii) towards repairs and rebuilding or if thought best not to rebuild, all such monies should be invested at interest in the names of (iii). (i) and (ii) agree with (iii) will keep insured the sum of 1350 or larger sum for all such premises and insurances assigned to (iii) on their death with full powers. If (i) and (ii) should neglect to insure it will be lawful for (iii) to reimburse themselves the cost out of any monies of the estates.
Proviso
New trustees on transfer of premises to them shall immediately transfer them to person entitled as before declared. Any new trustee is not liable to make good any loss which occured without their wilful default and be answerable to other trustees for his own only. It is lawful to reimburse themselves monies as they incur whilst executing tasks.
.
Witnessed
William Augustus Skynner
Mary Orlebar
Richard Orlebar
Palmer Whalley
Godfrey Kettle
Thomas Logger
On the Dorse Appointment of new trustees 27 July 1804
Parties
(i) Thomas Logger, of Basinghall Street, London, gentleman.
(ii) William Augustus Skynner.
(iii) Richard Orlebar of Hinwick House, son of the aforementioned Richard Orlebar, and Richard Smith of Basinghall Street, London.
(iv) Charles Streater of Basinghall Street, London.
Recitals
(I) Following the deaths of Mary Skynner, Richard Orlebar, Palmer Whalley and Godfrey Kettle, Thomas Logger became the surviving trustee.
(II) (ii) proposed (iii) to be trustees jointly with (i).
(III) (i) agrees to appoint them, although with respect to previous hereditaments no power is vested in him to make such an appointment, and effectuating the intentions of the parties it had been agreed that the lands etc mentioned previously shall be assigned to (iv). cont.
Now This Indenture Witnesseth
(i) as surviving trustee has nominated, appointed and agreed with (ii) who nominates and appoints (iii) as joint trustees with (i).
Now This Indenture Further Witnesseth
In consideration of 10s paid by (iv) , (i) assigned and transferred to (iv) the land in the within written indentures, all estate right, title and interest, terms of years to come, unexpired property both at law and in equity of (i) together with indentures of lease.
Habendum
Land transferred to (iv) for the remainder unexpired of the two terms of 61 and 76 and a half years granted by within indentures of lease subject to reserved rents and observances of covenants and agreements on the part of the lessee and administrators, upon trust that (iv) assign and transfer the several leasehold premises to (i) and (iii)as in indenture (2) dated 28 July 1804.
On the Dorse
(2) Appointment of new trustees 28 July 1804
Now This Indenture Witnesseth
Freehold lands etc. released to (i) jointly with (iii), by virtue of sale to them thereof made by (i) in consideration of 5s on 27 July 1804, endorsed upon the lease for a year and by force of the statute made for transferring uses into possession, all lands, rents, messuages etc., estate title, trust and property claim of (i) in or out of the same.
Habendum
Lands, tenements, farms and messuages within mentioned, sold, released or intended so to be unto (iii) and their heirs, to the use and benefit of (i) and (iii) and their heirs subject to the provisos within.
And This Indenture Further Witnesseth
(iv) endorsed on indenture (1) 27 July 1804 by 10s paid by (i) and (iii)
receipt of which is hereby acknowledged at the request of (ii).
(iv) assigns leasehold premises over to (i) and (iii). Land in (1) assigned to (iv) with estate right, title interest, term of years to come and unexpired property claim with indentures of lease and assignments. cont.
Habendum
Land, messuages and tenements etc. hereby and intended to be assigned to (i) and (iii) for the remainder of 61 years and 76 and a half years subject to payment of rent and observance of covenants, (iv) declares to (i) and (iii) that (iv) is not privy to any incumbered title charge, estate or otherwise.
(i) has transferred with approbation of (ii) East India stock into the joint names of himself and (iii) under previous provisos.
Signed
Thomas Logger
Charles Streater
Richard Orlebar
Richard Smith
On the Dorse
(3) Memorandum; Marriage Settlement 29 December 1818
Parties
(i) William Augustus Skynner.
(ii) Eliza Catherine Skynner, daughter of William Augustus Skynner.
(iii) Richard Orlebar and Richard Smith, trustees.
(iv) Thomas Prior
(v) Lodge Morris Prior and James Hunt.
Recital
On the marriage of (ii) to (iv), (i) appointed one third of the leasehold messuages and East India stock in favour of his daughter, one third of the leasehold assigned and 3533 of East India stock transferred to (v) upon Trust.