• Reference
    X899/1c
  • Title
    Marriage Settlement continued from X899/1b (vo) West Mill Field in Potter Newton of 3a 3r 36p late in possession of Joseph Oates, then Matthew Sawyer and John Rinder[?] now Thomas Ritson at 20 per annum rent; (vp) The Cow Pasture adjoining Leeds and Harrogate Turnpike Road of 7a 2r 14p in Potter Newton formerly in occupation of Messrs Sawyer and Rinder, late John Rinder now Messrs William and John Williamson at 37/10/- per annum rent; (vq) The House End Close constituted part of Home Close 1a 1r 24p, House End Close 4a 0r 5p and Bottoms 2a 0r 15p - totalling 7a 2r 4p in Potter Newton formerly in occupation of William Braithwaite, then John Rinder now William Murray; (vr) messuage with outhouses and garden or nursery, formelry part of House Close, adjoining Leeds and Roundhay Turnpike in Potter Newton of 5a 0r 32p formerly in occupation of William Braithwaite, now William Murray at 75/12/6 per annum rent; (vs) messuage with garden, stable and outbuildings in West Mill Field occupied with Mill Field totalling 17a 3r 20p; (vt) West Mill Field 7a 2r 24p; (vu) part Cowstand Close 2a 1r 14p; (vv) part Great Mill Field 10a 1r 4p; (vs)-(vv) comprising 38a 0r 22p in Potter Newton formerly in occupation of Benjamin Smith and John Hick, now Richard Walton at 210 per annum rent; (vw) several closes formerly part of Cowstand Close, Great Mill Field and Square Mill Field lately separated from other parts by two streets intended to be called Cowper Street and Spencer Street, Potter Newton containing 8 acres formerly in occupation of John Hick, afterwards William Frankland Paley, now William Broady and Messrs Bowes & Peacock at 24 per annum rent; (vx) part of Great Mill Field adjoining Leeds and Roundhay Turnpike in Potter Newton of 1a 0r 18p formerlyt in occupation of John Hick, then Joseph Littlewood, now Widow Littlewood at 5 per annum rent; (vy) two closes, formerly part of Harehills Close and Hilly Pasture containing 10a 0r 12p between Leeds and Roundhay Turnpike and Harehills Lane, Potter Newton formerly in occupation of William Braithwaite, then William Wilson, now Susannah Tennant at 40 per annum rent; (vz) two closes formed out of several closes formerly called House Close, Five Acres and Hilly Pasture between Leeds and Roundhay Turnpike and Harehills Lane, Potter Newton containing 8a 3r 4p formerly in occupation of William Braithwaite, now William Proctor[?] at 35 per annum rent; (wa) newly erected messuage called Massom Cottage with coachhouse, barn, stable, outhouses and garden; (wb) newly erected labourer's dwelling house with barn, stable and fold yard; (wc) part of Hilly Pasture 6a 3r 30p; (wd) Sheep Close 9a 0r 3p; (we) part of Bottoms 6a 2r 2p; (wf) Larger Cow Pasture 12a 3r 34p; (wg) Smaller Cow Pasture 11a 1r 25p; (wh) part of Old Pasture 3a 2r 34p; (wi) other part of Old Pasture 10a 3r 11p; (wj) Six Acre Close 6a 3r 12p; (wk) Seven Acre Close 7a 1r 9p; (wl) part of Fifteen Acres 9a 3r 6p; (wm) other part of Fifteen Acres 6a 2r 0p; (wn) Fourteen Acres 14a 2r 23p; (wa)-(wn) containing 106a 1r 20p in Potter Newton formerly in occupation of William Braithwaite, now John Baker at 210 rent per annum; (wo) close in Potter Newton of 9a 1r 22p called Far Clappas late in occupation of Joseph Oates esquire, afterwards Michael Palframan as a garden and nursery ground, now Sarah Palframan at 55 per annum rent; (wp) four allotments lately enclosed from Potter Newton Common containing 9 acres, 12a 3r 28p, 6 acres and 6 acres (total 33a 3r 28p) bounded E by land lately sold by Earl Cowper to Thomas Clapham esquire; W by ground allotted to [John Savile, 2nd] Earl Mexborough [of Lifford] and lately enclosed lands called Chapel Allerton Common; N by other grounds allotted to John Dixon esquire and other lands lately enclosed from Chapel Allerton Common; S by ground allotted to Earl of Mexborough and Potter Newton Road; lately in several occupations of John Smith, William Burrow, David Dunderdale and William Naylor and Joseph Banks, now of Henry Smith and Henry Peek at 69 per annum total rent and of Joseph Olredley at "the yearly rent with other hereditaments hereinbefore mentioned" [not mentioned, presumably a quote from the Inclosure Award]; (wq) allotment lately enclosed from Chapel Allerton Common of 2a 3r 20p bounded: E by land allotted to Henry Barker esquire; W by other land allotted to Earl of Mexborough; N by Potter Newton Road; S by old inclosures of Earl Cowper in occupation of Joseph Medley; in occupation of Joseph Medley; (wr) allotment lately enclosed from Chapel Allerton Common of 3a 0r 2p bounded: E by old inclosures of Earl Cowper in occupation of George Wailes and by estate of Henry Barker; W by ground allotted to Henry Barker; N by Potter Newton Road; S by old inclosures of Earl Cowper in occupation of George Wailes; in occupation of George Wailes; (ws) allotment lately enclosed from common or waste in Harehills Lane, Potter Newton of 0a 3r 14p bounded: E by ground allotted to Samuel Lapage; W and N by Harehills Lane; S by old inclosures of Earl Cowper in occupation of Martin Hind; in occupation of Martin Hind; (wt) ground lately enclosed from Harehills Common, Potter Newton of 6a 1r 12p bounded: E and N by Harehills Road; W and S by old inclosures of Earl Cowper in occupation of William Braithwaite; lately in occupation of Jonathan Taylor, now divided into two closes by Leeds and Roundhay Turnpike with one in occupation of David Hainsworth and one William Hardcastle at 16/16/- per annum rent; (wu) land in Harehills Common allotted to Earl Cowper but not yet enclosed containing 7 perches bounded: E and N by Harehills Road, W and S by old inclosures of Earl Cowper late in occupation of William Braithwaite; (wp)-(wu) being several pieces of ground lately allotted to Earl Cowper and enclosed from commonable lands in Potter Newton alias Potter Newton cum Gipton by virtue of Act of Parliament; (wv) half of two annuities of 50 each issuing out of Potter Newton Manor with all messuages, lands and tenements formerly estate of Thomas Hardcastle in Potter Newton and Leeds; (wx) Manors of Swaiccliffe, Ratling and Overland [Kent] with messuage, outhouses, stables, yard and garden belonging 15a 0r 4p; (wy) Gravel Pit Field (arable) 28a 0r 8p; (wz) close of arable by turnpike 46a 0r 13p; (xa) close of arable by wood 46a 1r 38p; (xb) close of arable by Beakesbourne Road 33a 2r 25p; (wx)-(xb) called Heath Farm containing 169a 1r 8p in Canterbury, St.Paul formerly in occupation of Elizabeth and Susan Simmonds, then Matthew Sankey now Thomas Cooper together with 0a 1r 8p allowed for hedges, ditches and roads formerly estimated by mistake to contain 162a 1r 8p as house, yard and orchard 2a 1r 0p, pasture by the house 13 acres, Lower Heath First Piece 11 acres, Lower Heath Second Piece 12 acres, Broomfield 4a 3r 0p, Lower Shot 23 acres, Fish Pool Bottom 20a 2r 0p, Moat Gate Piece 22 acres, the piece sdjoining 25 acres, The Hop Ground Piece 15 acres, The Gravel Pit Piece 11 acres, the pond and admeasurement of rough ground 2 acres; (xc) site of Old House 13a 2r12p; (xd) close of arable 24a 3r 13; (xe) close of arable 10a 2r 0p; (xf) close of arable 19a 1r 5p; (xg) close of arable 12a 0r 22p; (xh) close of arable 13a 3r 36p; (xi) close of arable in Wickham 32a 3r 27p; (xj) close of arable 12a 0r 17p; (xk) close of arable 25a 0r 22p (composed of close lately called Cherry Garden and other land); (xl) close of arable in Fordwich 16a 0r 12p; (xm) close of pasture lately taken from Forestall Close of 30a 3r 4p; (xn) close of pasture 1a 2r 20p: (xc)-(xn) called The Moat Farm of 212a 3r 30p in Canterbury, St.Martin, Wickham Breux and Fordwich formerly in occupation of Thomas Southey, now Thomas Cowper (together with Heath Farm at total of 541 per annum rent; The Moat Farm (except Round Wood of 1a 0r 34p formerly in possession of Earl Cowper, lately added) formerly divided and allotted with 1a 2r 36p allowed for hedges, ditches and roads as follows Town Field 18a 3r 0; The Forestall 21 acres; The Cherry Garden 5a 1r 0p; piece adjoining The Cherry Garden 10a 3r 0p; The Hop Ground Piece 18 acres; The Dog Kennel Piece 1a 3r 0p; The Brooks 6a 1r 0p; The Lower Piece 10 acres; piece adjoining The Moat Rough Wood 19a 1r 0p; The Brick Kiln Piece 10a 2r 0p; cottage garden & pastures 1a 2r 0p; the field adjoining the house 13a 1r 0p, The Ashen Grove 11a 1r 0p, the field where the old house stood 13a 2r 0p, The Bowling Alley 32a 3r 0p, the close of land in Fordwich 16 acres); (xo) Wingham Court with barns, stables, outhouses, yard, gardens etc. 4a 0r 10p; (xp) The Oatfield (arable) 20a 1r 14p (except that part of 7a 3r formerly called Greenfield lately purchased by Earl Cowper of Sir Henry Oxendon and others); (xq) Fairmans (arable) 60a 0r 33p (with Ponts Cottage of 0a 3r 38p); (xr) Vineyard (arable) 66a 1r 39p (except 11 acres and site of acottage now part of Vineyard lately purchased by Earl Cowper of Sir Henry Oxendon; also 2a 0r 14p now part of Vineyard lately part of jointure lands of Hannah, Countess Dowager Cowper, deceased); (xs) part Fifty Acres (arable) 19a 0r 9p (formerly divided into two closes called Fifty Acres and Pools Bottom; (xt) part of Broadfield (arable) 41 acres; (xu) Metfield (arable) 52a 2r 12p (except 9a 2r 0p lately purchased by Earl Cowper from Stephen Elgar and 23a 0r 12p forlerly part of Wingham Street Farm part of the jointure lands of Hannah, Countess Dowager Cowper; remaining 20 acres were taken from Dambridge Farm); (xv) The Marshes 31a 1r 33p; (xp)-(xr) at time of 1805 Settlement consisted of: 20a 1r 23p, 62a 0r 33p and 53a 1r 25p respectively; (xo)-(xv) in Wingham and Goodneston containing 241a 1r 30p formed part of Wingham Court Farm in occupation of Stephen and John Elgar at 638 per annum rent; (xw) 2 acres formerly belonging to Wingham Court Farm, forming part of (xq), now let off with Wingham Green Cottage in occupation of John Holliday; (xx) messuage, yards, garden, barn, stables, outbuildings etc. 1a 2r 12p; (xy) part Metfield (arable) 10a 2r 20p; (xz) small wood in front of (xx) 32 perches; (ya) lime kiln and chalk pit with four cottages lately built thereon 2a 1r 34p; (yb) Lime Kiln Hill (arable) 22a 2r 22p; (yc) Upper Blackney (arable) 45a 2r 24p; (yd) Young Orchard adjoining (xx) formerly computed as 5a 1r 22p but actually 7 acres; (ye) Blackney (arable) containing (with pasture adjoining The Yard lately added) 40a 0r 2p; (yf) Gobery Hill (arable) 49a 2r 24p; (yg) Bamfield with Barn Yard (arable) 30a 0r 8p with piece of arable beyond turnpike from Canterbury to Sandwich containing 5a 2r 39p; (yh) land by wood (arable) 37a 3r 13p; (yi) part of Alders 3a 1r 34p; (yj) marshland on S side of New Stream 15a 1r 25p; (yk) marshland on N side of New Stream 26a 1r 24p; (xx)-(yk) containing 298a 2r 33p in Wingham (with 3 acres of arable added to (xy) and 15 acres of marshland and (yi) lately purchased by Earl Cowper of Sir Henry Oxendon and others plus 0a 1r 1p arable beyond Canterbury to Sandwich turnpike which was partly taken from Wingham Street Farm and partly purchased by Earl Cowper from Sir Henry Oxendon and others) called Dambridge Farm in occupation of William Elgar at 425 per annum rent (yl) messuage, barns, stables, outhouses, yards, gardens etc. 10a 1r 30p; (ym) Southfields (arable) 90a 0r 18p; (yn) lands above the wood (arable) 22a 3r 4p; (yo) lands by Murry Corner 38a 3r 22p; (yp) lands by Wingham Riad (arable) 16a 0r 33p; (yq) lands in The Bottom (arable) 35a 2r 4p; (yr) Offington Bottom (arable) 17a 0r 28p; (ys) piece above The Bottom (arable) 10a 3r 3p; (yt) Halls Down and piece beyond (arable) 35a 1r 12p; (yu) Ratling Court Wood (arable) 20a 3r 8p;, formerly woodland in possession of Earl Cowper, then containing 21a 2r 21p but had been lately "stocked up"; (yl)-(yu) in Goodnestone and Nonington containing 298a 0r 2p and called Ratling Court Farm in occupation of Henry Minter Rigden at 314 per annum rent all of which (except (yu) were formerly described as: house, yard and garden 5 acres, Southfield 88 acres, pasture by wood 5a 2r 0p, close 23 acres, Chalk Pit Close 15 acres, Home Bottom 30 acres, High Field 12a 2r 0p, Murry Corner 10 acres, Halls Garden 5a 2r 0p, Coses Corner 8 acres, Halls Down 26a 2r 0p, Stone Crofts 10a 3r 0p, Offington Bottom 13a 2r 0p, piece above Offington Bottom 3a 1r 0p, Kingsland 16a 1r 0p; (yv) lately erected messuage with yard, garden, barns, stables, outbuildings etc.(arable land adjoining part of Broadfield formerly belonging to Wingham Court Farm) 62a 0r 22p; (yw) Light Hills (arable, formerly belonging to Wingham Court Farm) 27a 3r 34p; (yx) The Flats (arable, formerly belonging to Wingham Court Farm) 38a 0r 6p; (yy) part Fifty Acres (arable, formerly belonging to Wingham Court Farm) 62a 0r 15p; (yz) marshland in Wickhambreux (formerly part of Ratling Court Farm) 16a 3r 1p; (yv)-(yz) in Wingham, Wickhambreux and Goodnestone containing 206a 3r 38p and (with close of arable called Crockshard Bottom 49a 0r 33p and lose of pasture called Nevey Downs 8a 2r 2p late in occupation of Sir Henry Oxendon and arable of 2a 1r 8p formerly part Nevey Downs but now added to (yv)) called Crockshard Farm in occupation of James Elgar at 324 per annum rent; (za) messuage, barns, stables, outhouses, yards, garden etc. 8a 1r 37p; (zb) Kings Land (arable) 10a 0r 33p; (zc) land by Paramore Street (arable) 2a 2r 27p; (zd) Hoaden Lay (arable) 7a 2r 36p; (ze) Broomfield (arable) 15a 3r 30p; (zf) Great Field (arable) 65a 1r 2p; (zg) Back of The Yard (arable) 12a 3r 38p; (zh) Chantry Close (arable) 4a 3r 31p; (zi) marshland in Preston 21a 1r 8p; (zj) marshland in Elmstone 7a 1r 12p; (za)-(zj) called Overland Farm of 156a 3r 14p in Elmstone and Preston in occupation of William Petley at 262 per annum rent; formerly (after allowing for 1a 3r 14p for hedges, ditches and roads) was formerly allotted as: house,, yard and garden 2a 1r 0p, The Orchard 3 roods, The Chapel Close 2a 2r 0p, The Hop Ground Field 13 acres, Parsonage Close 2a 3r 0p, Court Lane Field including Mollard Field 65 acres, Chantry Close 4a 3r 0p, Hoaden Lay 7a 2r, Broom Field 15a 1r, Kingsland 10 acres, Kingsland 2a 2r 0p, three pieces of marshland in Elmstone 7a 1r 0p, three pieces of marshland in Preston 22a 2r 0p; (zk) Manor of Fordwich; (zl) Fishpool Wood formerly stated to contain 22a 0r 12p but actually containing 15a 0r 12p in Canterbury, St.Paul; (zm) Moat Ruff Wood of 44a 1r 7p in Canterbury, St.Martin; (zn) Holdridge Wood 49a 2r 2p in Littlebourne; (zo) France Wood 4a 1r 4p in Canterbury St.Martin and Canterbury, St.Paul; (zp) Round Wood 4 acres in Sturry; (zq) piece of arable (formerly woodland valled Flaxhole, Longshaw and Hangmans) forming part of Hole Farm containing respectively 6 acres, 1a 0r 22p and 5a 2r 20p) in Sturry; (zr) Brentwood 8a 2r21p in Wingham; (zs) Saith Wood 16a 0r 18p in Nonington; Note that exemptions to the limitation and appointment in the Operative Part above applied to advowsons of Fordwich and Kingcliffe[?], copyhold premises and the following: (zt) messuage, cottage, barn, stable, coachhouse, buildings, gardens and shrubbery and two closes called Long Flatt and South Garth in Woodhouse, Leeds containing 6 acres formerly in occupation of William Gatliff esquire, then John Clapham esquire, now John Kendall esquire at 136/10/- per annum rent; (zu) two messuages with outbuildings and gardens at Woodhouse formerly in occupation of William Gatliff now Henry Edmondson (zv) Jerusalem Coffee House grounds, buildings etc. in Cowpers Court, St.Michael, Cornhill [City of London] formerly in occupation of Arthur George Karr[?] and Alexander Harper, now William Harper; (zw) messuage in Cowpers Court adjoining (zv) with ground and buildings formerly in occupation of Cartwright Morris esquire, late Arthur George Karr and Alexander Harper now William Harper; (zx) room in Cowpers Court "lying behind and open with" Toms Coffee House, part of the room sometime since divided off for a bar to the coffee house also three vaults underneath; (zy) several rooms and chambers over (zx) formerly in occupation of Thomas Alexander then Thomas Perrunnall[?], now representatives of Spencer Perry Adderley; (zz) messuage on S side of Cornhill with ground and buildings formerly in occupation of John Sewell, since Letts, now Messrs MacCabe and Strachan; (aaa) messuage on S side of Cornhill late in occupation of Jeremiah Hargrave, now William and John Manns, formerly called Rainbow Coffee House; (aab) messuage on E side of entry or passage into Cowpers Court on S side of Cornhill late in occupation of James Bate, now William and John Manns and formerly known as Anchor & Kettle; (aac) room or office lately part of room or office in occupation of John Brockbank, with ground and buildings belonging to (aaa)-(aac), late in occupation of William Herbert Manns, Robert Wickstead and John Oakley Mannes, now of William and John Manns; (aad) room or office in Cowpers Court, late divided from and abutting to N on (aac) and S on (aae); (aae) two rooms or offices in Cowpers Court formerly in occupation of John and Thomas Fry, then John Brockbank, now George Atkins; (aaf) messuage in Birchin Lane with ground and buildings formerly in occupation of William Geter, then Frederick Gardner, now Mrs.Norbury DECLARATIONS: - limitations to operate to the intent that George Augustus Cowper, during the joint life of himself and (i), might take from (a)-(zs) and (zv)-(aaf) the yearly rent of 1,200; - also to the intent that Anne Florence Cowper, if she survived George Augustus Cowper, should take 1,000 per annum from (a)-(zs) and (zv)-(aaf); - both sums to be payable quarterly in the Common Dining Hall of Lincolns Inn; - further declarations about powers of distraint etc. if payments in arrear; - Anne Florence Cowper accepted her jointure in bar of dower HABENDUM: - to use of (iv) for 150 years from the marriage of (ii) subject to trusts as set out below and, for those premises not comprised in (VII) above, limited to (i) as restoration of his life estate; - to use of (i) for his life as restoration of his life estate and confirmation of the estate for life set out in (I) above, that life interest taking precedence over all annual sums of 1,200 and 1,000 as set out in the Declarations above; - to use of George Augustus Cowper for life; - to use of (iii) during the life of George Augustus Cowper upon trust to preserve contingent uses; to allow George Augustus Cowper to receive 1,200 per annum and subject to the right of Anne Florence Cowper to 1,000 per annum after his death; - to use of Francis Thomas de Grey Cowper, only son of (ii), now an infant of [blank] months and his heirs; - to use (in default of heirs of Francis Thomas de Grey Cowper) to second and each successive son of (ii) and their respective heirs in seniority; - to use (in default of any such issue) of William Francis Cowper, second son of (i) for his life; - to use of (iii) during the life of William Francis Cowper in trust to preserve contingent uses, permitting Francis William Cowper to receive rents and profits for his life; - to use of first and each successive son of Francis William Cowper and their heirs in seniority; - to use (in default of any such issue) of Charles Spencer Cowper, third son of (i) for his life; - to use of (iii) during the life of Charles Spencer Cowper in trust to preserve contingent uses, permitting Charles Spencer Cowper to receive rents and profits for his life; - to use of first and each successive son of Charles Spencer Cowper and their heirs in seniority; - to use of each successive son of (i); - to use (in default of any further issue) of George Augustus Cowper and his heirs and assigns for ever PROVISOS [amongst others] - proviso for expenses; - if Emily Mary, Countess Cowper, died in the lifetime of (i) and he married again he might make (in addition to the jointure of up to 2,500 per annum for his new wife, as permitted in (I) above) an additional jointure of up to 500 per annum limited on the same way as the jointure of up to 2,500; - if Anne Florence Cowper died in the lifetime of George Augustus Cowper he might make a jointure for a second wife of up to 2,500 per annum; with similar powers for Francis William Cowper and Charles Spencer Cowper; with powers of distraint for arrears etc.; - (a)-(zs) and (zv)-(aaf) should not be liable in total to annual payments exceeding 5,000 as jointures for the respective wives of George Augustus Cowper, Francis William Cowper and Charles Spencer Cowper; - power for George Augustus Cowper after the death of Anne Florence Cowper and for Francis William Cowper and Charles Spencer Cowper to charge any part of (a)-(zs) and (zv)-(aaf) with portion for children other than the eldest son entitled to (a)-(zs) and (zv)-(aaf) not exceeding 10,000 if one child, 15,000 if two children or 20,000 if three or more children with interest on the charge not exceeding 4% per annum; - George Augustus Cowper, Charles Spencer Cowper and Francis William Cowper able to charge (a)-(zs) and (zv)-(aaf) with portions for their children as above and exclude children by other wives but this did not preclude them from including children by subsequent wives; - (a)-(zs) and (zv)-(aaf) not to be charged with a total greater than 30,000 for all children; - power to person currently entitled to (a)-(zs) and (zv)-(aaf) in tail male to lease "mines, layers, veins, seams, beds and strata of ironstone, coal, lead, copper, clay, marl, sand and limestone and other stones, minerals and substances found or discovered..." with or without messuages etc. abov eground for any term of years not exceeding 60 with power to "search, seek, bore, dig, drive, seek for, discover, work, get and raise" and "sink, drive, carry and make pits, shafts, drifts, grooves, tunnels, soughs, levels, tranches, sluices, way gates, water gates, gutters and other subterraneous works" and "to erect, build construct such steam engines, furnaces, engines, mills or gins and other machinery"; - lawful to reserve any sum of money as Forehand Mine Rent over and above any other mine rents payable whether any material had previously been extracted or not, with right of refund if the mine became exhausted before the end of the lease; - further provisions concerning mine rent; - provisions to lease (a)-(zs) and (zv)-(aaf) for up to 21 years by tenants for life in tail male or (iii) if the tenant for life was a minor; or for 99 years to anyone improving the property by building on it; - power for (iii) to enfranchise any copyhold property; - power for (iii) to sell or exchange property, purchase money to be used to pay off incumbrances and the surplus invested in stocks, securities etc.; - powers for (iii) to exchange and sell annuities arising from Duchy of Cornwall, North and South Wales in the same way as freehold property; - provisions for appointment of new trustees. WITNESSES: - Hugh Shield of 33 Poultry, London, solicitor; - Charles Stuart Atkinson; - Edward J.Kerley of 5 Grays Inn Square, London, solicitor; - F.Kins[?], clerk to Hugh Shield
  • Date free text
    15 Dec 1834
  • Production date
    From: 1834 To: 1834
  • Level of description
    item