Title
Marriage Settlement
Parties:
(i) William Shakspere Burton, formerly of 1 Yalta Villas, Couture [Guernsey], now of 14 Princes Street, Cavendish Square [Middlesex], esquire and Mina Elizabeth, his wife, formerly Mina Elizabeth Adlington, spinster, late of Amherst St.John's [Guernsey];
(ii) Thomas Lesingham of Glan Ceirw, Llangwin [North Wales], gentleman; David Bass of Ashburnham Grove, Greenwich [Kent], gentleman
Reciting:
- will of Edward Hastings, late of Upper Norton Street [Middlesex], gentleman of 18 Jun 1853 - appointed William Chippindale and Richard Haynes as executors and trustees; bequeathed legacies to his son James and annuity of 20 to Elizabeth Brockly; devised to his executors all his estates in Dunstable upon trust to receive profits and pay annuity to Elizabeth Brockly, surplus profits going to Wilhelmina Stone Adlington of 10 Woodville Terrace, Gravesend [Kent], widow for her life, remainder to her three children Alice Adlington, Wilhelmina Adlington and Catherine Adlington until the youngest became 21, after which the estate was to be sold and proceeds divided equally among Alice, Wilhelmina and Catherine Adlington or, if they were dead, to their children; bequeathed remainder of personal estate to his executors in trust to be realised and invested;
- death of Edward Hastings in Jul 1853 and proof of his will on 18 Aug 1853 in PCC;
- Chancery decree of 29 Apr 1854 in which Wilhelmina Stone Adlington, widow and her infant daughters Alice Wollery Adlington, Mina Elizabeth Adlington and Catherine Mary Adlington were plaintiffs and William Chippindale, Richard Haynes and James Hastings were defendants it was ordered that accounts and enquiries be made of real and personal estate of Edward Hastings;
- Chancery decretal order of 19 Jun 1855: Wilhelmina Stone Adlington, Alice Wollery Adlington, Mina Elizabeth ADlington and Catherine Mary Adlington were the Wilhelmina Stone Adlington, Alice Adlington, Wilhelmina Adlington and Catherine Adlington mentioned in the will of Edward Hastings; annuity to Elizabeth Brockley was primarily payable from personal estate, real estate being charged only if personal estate insufficient; subject to annuity and Legacy Duty profits from real estate were to go to Wilhelmina Stone Adlington for life;
- death of Elizabeth Brockly in Jul 1856 and burial on 5 Aug 1856 at which point her annuity ceased to be payable;
- Mina Elizabeth Burton will become entitled, on death of Wilhelmina Stone Adlington, to a third of the profits of Edward Hastings' real estate, she and her sisters all being over 21;
- Mina Elizabeth Adlington agreed to marry William Shakspere Burton in May 1863;
- in pursuance of agreement settling Mina Elizabeth Burton's one third share in profits of real estate of Edward Hastings, Richard Haynes of 2 Hunter Street, Brunswick Square [Middlesex], solicitor to Mina Elizabeth Burton drew up a draft settlement assigning her share to Thomas Lesingham and David Bass, which was signed as agreement by William Shakspere Burton and Mina Elizabeth Adlington and returned to Richard Haynes for engrossment on 8 Oct 1863;
- William Shakspere Burton and Mina Elizabeth Adlington were married at St.Martin's, Guernsey on 13 Oct 1863 before engrossment of draft settlement;
Operative Part:
- (i) assigned Mina Elizabeth Burton's one third share in profits of real estate of Edward Hastings to (ii)
Habendum:
- to (ii) upon trust to invest or sell, with approval of (i), for sole use of Mina Elizabeth Burton remainder to William Shakspere Burton, remainder to their children
Witnesses:
- Richard Haynes of 2 Hunter Street, Brunswick Square, solicitor;
- David Jones of Ceirig y Druidion
Memorandum
"In Chancery Adlington v.Chippindale This is the Extract marked A referred to in the affidavit of Richard Haynes sworn before me in this case this 28th day of April 1869"