Title
Settlement on the marriage of John Humphery, Esq with Miss Ann Maria Jane Dyson (attested copy)
1 John Humphery, Hays Wharf, Tooley Street, Southwark and Clapham, Surrey, Esq Member of Parliament for the Borough of Southwark (prospective groom and trustee)
2 Ann Maria Jane Dyson, Bedford, spinster (prospective bride)
3a William Humphery Pilcher, New Broad Street, City of London, gent (trustee)
3b Matthew Warton the younger, Stepney Causeway, Middx, surveyor (trustee)
3c Thomas Leadam, Tooley Street, Southwark, surgeon (trustee)
4 James Bruce Strachan, Bridge House Tavern and Hotel, Wellington Street, Southwark tavern keeper (conveyor of the vaults)
[the preamble of the marriage settlement of Ann Maria Jane Dyson is similar to that of her sister Louisa Milbourn Dyson, see X631/53. Unique information is noted here]
[The names of the occupiers of the property left by James Dyson in 1819 are mentioned in this document only viz:]
- manor, farm, messuage and hereds at Wilden, commonly called Wilden Shrubbery, which farm consists of 130a of land occupied by John Hart
- freehold messuage or tenement at the corner of Gerrard Street, St Ann, Westminster, and then occupied by Thomas Shelton Oilman
- freehold public house nr Blue Anchor Alley, St Luke Old Street, Middx, on lease to [blank] Smith, then occupied by [blank] Grubb
And testator bequeathed to William Young Knight, Charles Jones and William Henry Knight.
- manor of Swineshead, Lincs and quit rents and appurtenances
- Swineshead manor house with 31a of land occupied by Francis Sewell
- freehold messuage and farm lands at Peakhill near Spalding, Lincs, containing 206a occupied by George Morton
- freehold allotment of 61a to same farm at Peakhill
- with barn and other erections and buildings occupied by Robert Brown to be held by them for James Dyson's second son, Jeremiah Francis Dyson and lawful heirs and if has no lawful issue one fourth part of income or investments to son James Dyson and heirs, James Dyson senior bequeathed:
- manor, messuage and farm lands at Eaton Socon and 113a, including 8a of woodland to trustees for the benefit of his daughter Ann Maria Chruckshank and husband George and issue, and said Jeremiah Francis Dyson. The trustees empowered and required to fell tree growing on the 8a of woodland not less than those feet in diameter at five feet from the ground and to sell the same and invest the proceeds.
James Dyson senior bequeathed to trustees:
- freehold messuage or tenement in Hawley Square, Margate
- leasehold messuage or tenement or premises in Cecil square, Margate
- and all the estates term and interest which he should lease on his decease and household goods, plate, linen, china, books, prints and pictures in the said houses.
Upon trust to sell the same and invest one moiety.
James Dyson senior made a codicil on 27 March 1819, but did not affect the dispositions and he died on [blank] 1819 without having revoked or altered his will. The will was proved by the trustees on 25 August 1819 in the Prerogative Court of Canterbury.
And Whereas the said Jeremiah Francis Dyson is living
And Whereas the greater part of the property and chattels at Margate have been sold and the money from the sales invested in the purchase of £945 7s 2d of new £3 10s reduced annuities in the books of the Governor of the Bank of England of William Young Knight and Charles Jones.
And Whereas James Dyson the son died in July 1833 leaving the said five children by Ann Sophia his then wife
And Whereas by indenture of 30 October 1834 between the Mayor and Commonalty and citizens of the City of London and John Humphery, the former by Acts relating to the approaches of London Bridge (2nd and 4th William IV), did lease to John Humphery 22 dry arches under Wellington Street and Duke Street, Southwark numbered 1-22 on the plan [not included in this copy] containing from east to west 46 feet, each arch or part of arch having an annual rent of 20s to the Commissioners for paving the west division of the Borough of Southwark liable to repair the pavements and streets over the said arches. John Humphery to hold the same on payment of an annual rent of £22 for 61 years from 3 April 1832 at the yearly rent of £156.
And Whereas John Humphery in about July 1835 purchased the reversionary estate and interest of the Mayor and Commonalty and citizens in the said vaults and premises and also their estate and interests in the other parts of the arches and by indenture of 23 July 1835 John Humphery purchased the said arches for £539.
And Whereas John Humphery in September 1835 sold and assigned his interest in the arches and let them to [blank] Chadwick.
And Whereas John Humphery had issue by his late wife Mary;
John Humphery junior, William Henry Humphery, Charles John Humphery and George Francis Humphery all of whom are infants under 21 years.
And Whereas a marriage is to be agreed between John Humphery and Ann Maria Jane Dyson and it is agreed that her share of the hereditaments at Wilden, Gerrard Street and Blue Anchor Alley devised by James Dyson and the income of the sale thereof, and of sum of £8700 of South Sea stock, and unsold parts of leasehold vaults hereinbefore mentioned, shall be settled as follows:
Now this Indenture Witnesseth in pursuance of agreements, the intended marriage and 10s paid by John Humphery, William Humphery Pilcher, Matthew Warton and Thomas Leadam to Ann Maria Jane Dyson, 2 sells to 1, 3a-c by a lease for a year and a bargain and sale.
- one undivided equal 5th part of the shares and interests of Ann Maria Jane Dyson under the will of James Dyson
- and in all and singular the manor, messuage, lands and hereditaments called Wilden Shrubbery at Wilden, messuages in Gerrard Street, St Ann Westminster and in St Luke Old Street, Middx and all other buildings, lands and dues.
To the use of Ann Maria Jane Dyson until the solemnization of her marriage and afterwards to the use of John Humphery, William Humphery Pilcher, Matthew Warton and Thomas Leadem during the life of Ann Maria Jane Dyson upon trust to administer the same and in default to Ann M J Dyson for her own benefit, and after her decease to John Humphery and assigns
Also Witnesseth Ann M J Dyson conveyed to John Humphery, William Humphery Pilcher, Matthews Warton and Thomas Leadam one equal undivided 5th part and also any other parts to which Ann M J Dyson becomes entitled on the death of her mother Ann Sophia Dyson and all the sum of £8,700 of South Sea stock standing in the joint names of George Barnes Trolloppe, William Flodsell, Charles Jones and Ann Sophia Dyson and a fifth part of one quarter share to Ann M J Dyson under will of James Dyson. all the monies to arise by the sale of the Manor of Swineshead and messuages, farm and lands of Swineshead and Peakhill, Lincs directed to be sold by the will of Jeremiah Francis Dyson, and one tenth part to Ann M J Dyson all the property whatsoever to be sold and the proceeds invested
John Humphery, William Humphery Pilcher, Matthew Warton and Thomas Leadam to act as executors and trustees and act for Ann M J Dyson in all transactions and to invest money in stocks and leasehold securities of terms of not less than 50 years, the interest to go to Ann M J Dyson and the property to descend in equal shares to any children. If all children save one die under 21 years, or if daughters die umarried under 21 years, all the property to descend to the one child, or if no surviving child then the property to be divided between the trustees as tenants in common, or in equal shares to the surviving trustees if any shall die under the age of 21 years.
Further Witnesseth in pursuance of the said agreement, the intended marriage and 10s paid by James Bruce Strachan to John Humphery, John Humphery conveys the vaults and premises mentioned in indentures of 30 October 1834 and 23 July 1835 and all associated rents for residue of term of 61 years and one day, subject to all agreements and coverants, and an agreement of 2 October 1833 under which John Humphery let the vaults to Jeffery Smith, Cottons Wharf, Southwark, all the vaults south of the dry arch on the Southwark site of London Bridge for the term of 7,14 or 21 years from Midsummer 1834 at the annual rent of £1200 whereof the yearly sum of £800 is hereby settled in respect of the premises during the continuance of the said agreement and as to the other vaults and premises so subject as aforesaid.
Upon trust James Bruce Strachan and heirs shall assign the same to the trustees
Hereby agreed and declared the Trustees shall stand possessed of the vaults in trust for John Humphery until intended marriage and afterwards John Humphery and Ann M J Dyson to pay rents and profits of the vaults to Ann M J Dyson or appointee, amounting to £400 annually [similar provisions for surviving children as above]
Provided also and it is hereby agreed and declared John Humphery and trustees and assigns may after decease of the survivor of John Humphery and Ann M J Dyson or in their lifetimes or in the lifetime of the survivor of them, may apply the money for the benefit of any children from the marriage, for their maintenance and education.
Provided always and it is hereby agreed and declared between parties that John Humphery and Trustees to receive income from the manor, messuages, farm lands and vaults during the minority of any children of the marriage, and may devise or lease same
Provided also and it is hereby further agreed and declared between the parties that John Humphery and the trustees and their assigns may during the joint lives of John Humphery and Ann M J Dyson may on their written request and consent dispose of all or any of the said manor, messuages, farms and lands of the inheritance, and on the written request of the Guardians during the minorities of any children of the marriage, the lands to be subject to any agreed lawful exchange or partition.
And it is hereby also agreed and declared that any income from the sale or exchange of land be invested in property but the value not to exceed one eighth part of the value of the total estate
And Moreover that any premises or lands so acquired, shall be subject to the same conditions of this settlement.
And further that any money acquired from the sale of property to be invested in Parliamentary Stocks or Public Funds prior to the purchase of property elsewhere
Provided always and it is hereby agreed and declared that it may be lawful for John Humphery and Trustees and assigns at the request and direction in writing of John Humphery and Ann M J Dyson or their survivors, or after their decease at the discretion of the trustees to sell or dispose of the leasehold vaults or other premises and assign same to the purchaser(s) and give receipt for money received and for all loss, misapplication or non-application thereof
And it is hereby agreed and declared by the parties that the trustees shall invest the money in trust, or invest it in land or property of an unexpired term of not less than 50 years [other minor provisions noted re power of trustees and appointment of new trustees pages 23-25]
Original made : 4 April 1836