Title
Release by Way of Marriage Settlement
PARTIES:
(i) Rev.George Stinton, DD, Chancellor of Church of Lincoln and Charlotte his wife (formerly Charlotte Noble);
(ii) Ayscoghe Boucherett of Willingham [Lincolnshire], esquire; Thomas Hutton of Gate Burton [Lincolnshire], esquire;
(iii) John Bradley of Lincoln, gentleman; John Hutton of Gainsborough [Lincolnshire], gentleman
RECITALS:
(I) Indenture of 29 Feb 1772:
Parties:
(1) George Stinton;
(2) Ayscoghe Boucherett and William Kirke of East Retford [Nottinghamshire], esquire, guardians of Charlotte Noble, appointed in will of Raven Noble [see X284/19/1];
(3) Charlotte Noble, spinster and infant, aged 19
Reciting:
- in Trinity Term 1771 (3) by Edmund Kirke exhibited her Bill in Chancery against (2) for an account of income etc. from the real and personal estate of Robert Dixon and Raven Noble received by (2) for maintenance for (3), placing the surplus out at interest for her during her minority;
- (3) was entitled under the will of her grandfather, Robert Dixon, as tenant in tail to real estate in Gainsbouough, Glentham, Bishop Norton, Owmby and Sturton on the Street [Lincolnshire] and under the will of Raven Noble to real estate in Hayton and Clarborough [Nottinghamshire] to the annual value of 371/7/- and that she would be entitled to real estate in Scotter, Butterwick, Belton, Gainsborough and Owmby [Lincolnshire] and Hayton and Clarborough at an annual value of 232 in fee simple if she lived to be 21;
- the capital personal estate of (3) amounted to 1,196;
- marriage treaty had been outstanding for some time between (1) and (3);
- order in Chancery of 4 Dec 1771 to Mr.Montagu, Master in Chancery, to investigate proposals made by (1) in the marriage treaty;
- opinion of Mr.Montagu of 20 Jan 1772 that proposals of (1) were justified and proper, and reporting that: [first] by an affidavit of John, Hutton, gentleman, sworn on 4 Dec 1771 that (3) had become 19 on 20 Jun 1771; [second] her entitlement to real estate under the wills of Robert Dixon and Raven Noble; [thord] the sum of her personal estate; [fourth] that (1) proposed that when (3) became 21 her personal estate (not exceeding 1,600) be paid to him for his personal use [fifth] (1) proposed that (3)'s real estate in Gainsborough be conveyed to trustees for sale, the money being paid to (1) to make (3)'s personal estate up to 1,600, the remainder be placed at interest to be paid to (3) for her life for her separate use, remainder to (1), [sixth] the other real estate of (3), worth 416 per annum, to be vested in trustees for 100 years to secure a rentcharge of 200 per annum payable to (3) for her own use, remainder to (1), remainder to trustees to preserve contingent remainders, remainder to (3), remainder to trustees to preserve contingent remainders, remainder to children of (1) and (3); [seventh] that (1) had no real estate but by his affidavit, sworn on 7 Dec 1771, that his income from ecclesiastical preferments amounted to at least 1,000 per annum;
- order of Chancery of 21 Jan 1772 confirming Montagu's report and instructing that (2) lay marriage articles agreeable to (1)'s proposals before Master in Chancery for approval and that (1) should then be at liberty to marry (3)
Operative Part:
- all three parties agreed to marriage between (1) and (3) and that all real estate should be conveyed according to the marriage settlement when (3) became 21
(II) shortly after (I) George Stinton and Charlotte Noble married
(III) William Kirke "died lately"
OPERATIVE PART:
- (ii) paid 10/- to (i) and (i) granted (a)-(ad) to (ii) (in their actual possession by virtue of lease for a year to them for 5/- by (i) 21 Jun 1773)
PROPERTY:
(a) mansion in Glentham in occupation of John Whitlam;
(b) farm of inclosed lands in Glentham and Bishop Norton held with (a) in occupation of John Whitlam at yearly rent of 75;
(c) two farms in Glentham;
(d) two farms of inclosed lands in Glentham and Bishop Norton in occupation of Martin Hall under two rents totalling 80;
(e) farmhouse in Glentham and farm of inclosed lands in Glentham and Bishop Norton in occupation of William Whitlam at yearly rent of 30;
(f) freehold parts of farmhouse in Glentham and farm of inclosed lands in Glentham and Bishop Norton in occupation of Nathaniel Cooke at yearly rent of 28
(a)-(f) were formerly estate of Robert Dixon comprising the jointure of Elizabeth Dixon his wife
(g) freehold parts of cottage and closes of land in Glentham in occupation of Robert Scarborough at yearly rent of 10;
(h) half a farmhouse and farm of inclosed lands in Hayton in occupation of Benjamin Cooke at yearly rent (with (i)) of 26/12/-;
(i) lands of Charlotte Stinton in Hayton in occupation of Benjamin Cooke at yearly rent (with (h)) of 26/12/-;
(j) half two closes of pasture or meadow in Clarborough in occupation of Benjamin Richardson at yearly rent of 5/5/-;
(k) cottage and land in Sturton on the Street in occupation of Joseph Robinson at yearly rent of 3/5/-;
(l) messuage with farm of arable, meadow and pasture in Sturton on the Street in occupation of Thomas Elmer at yearly rent of 17;
(m) Dales Closes in Sturton on the Street in occupation of John Harrison and Thomas Ford at yearly rent of 24 [mortgaged to Robert Dixon];
(g)-(m) were formerly estate of Robert Dixon, then Elizabeth Noble, mother of Charlotte Stinton
(n) freehold parts of farm of arable, pasture and meadow in Scotter in ocupation of William Pask at yearly rent of 45;
(o) several small parcels of dispersed land in Butterwick and Belton in Isle of Axholme in occupation of Robert Taylor, Thomas Vause and William Hynman under yearly rents of 19/-, 1/16/- and 2/2/-;
(p) farmhouse, four cottages and farm of inclosed lands in Owmby in occupation of Proctor Burrell under yearly rent of 50;
(q) cottage in Owmby in occupation of John Mills at yearly rent of 1/10/-;
(r) other half of (h) at yearly rent of 15/8/-;
(s) other half of (j) at yearly rent of 5/5/-;
(t) dwellinghouse called The Pillarhouse at south end of Gainsborough with tenements standing on or near site and two closes of meadow or pasture adjoining in occupation of William Gare at yearly rent of 17;
(u) three wine vaults lying under part of (t) and wharf opposite in occupation of Gideon Wells at yearly rent of 12 but mistakenly noted to be let for 14 in indenture recited in (I) above;
(v) malthouse adjoining (u) on part of (t) in occupation of Roger Watkinson at yearly rent of 11/10/-;
(w) dwellinghouses on a burgage toftstead in Gainsborough in or near Seven Foot Lane in occupation of several tenants with yearly rents totalling 5/4/-;
(x) burgage dwellinghouse and several tenements on the site in Gainsborough in The Double Row in occupation of Samuel Burr and others with yearly rents totalling 25/10/-
(t)-(x) were formerly estate of Robert Dixon
(y) mansion house in Market Place of Gainsborough in occupation of Raven Noble, then of William Barnard at yearly rent of 40;
(z) burgage messuage in The Causeway, Gainsborough with divers dwellinghouses standing on the site purchased from James Denby and others ;
(aa) burgage messuage in Great Church Lane, Gainsborough, nearly opposite the vicarage with divers dwellinghouses on the site;
(ab) two dwellinghouses at north end of Great Church Lane, Gainsborough;
(ac) two acres of meadow in North Marsh, Gainsborough purchased from John Wass and others;
(ad) burgage messuage in Great Church Lane with dwellinghouses on site purchased from Rev.Ays
(z)-(ad) being in divers occupation with yearly rents totalling 70
(y)-(ad) were formerly estate of Raven Noble
HABENDUM:
- to (ii) upon trusts as follows:
- (a)-(s) TO USE of (iii), trustees nominated by Charlotte Stinton, for 100 years upon trust to pay 200 per year from the profits of the properties to Charlotte Stinton exclusive of George Stinton, with the remainder of the profits after the 200 to be paid to George Stinton; on expiry of the term of 100 years or sooner determination TO USE of George Stinton; TO USE of (ii) to preserve contingent uses, allowing George Stinton to take rents and profits etc.; TO USE of Charlotte Stinton; TO USE of (ii) to preserve contingent uses, allowing Charlotte Stinton to take rents, profits etc.; TO USE of children of (i) in the manner appointed by (i); TO USE of children of (i) equally divided as tenants in common and to their children etc.; TO USE directed by Charlotte Stinton; TO USE of Charlotte Stinton;
- (t)-(ad) to (iii) held from chief lords of the fee upon trust for sale, the sale monies being paid to George Stinton for his own use together with personal estates of Robert Dixon and Raven Noble up to 1,600, the remainder to be placed out at interest and profits paid to Charlotte Stinton;
- unsold premises in Gainsborough to be subject to same uses etc. as (a)-(s)
PROVISOES, amongst others:
- proviso for Charlotte Stinton to mortgage (a)-(s) for up to 2,000;
- proviso for (i) to grant leases of (a)-(s);
- proviso for (i), with consent of (ii) to change trustees;
- proviso for (i), with consent of (ii) to sell any of (a)-(s) in order to purchase different real estate to be subject to the same uses as that sold;
- proviso for (ii) to pay off mortgages and invest monies;
- proviso for (i) to appoint trustees to replace (ii) or (iii) in case of death or wish to cease being a trustee, the trusts to remain the same as the trusts declared in this indenture;
- proviso for (i), with consent of (ii), to alter terms of the trusts etc.;
- proviso to reconvey (m) back to mortgagors on redemption of mortgage taken out with Robert Dixon, deceased;
- proviso for (ii), with consent of (i) to lend money by way of mortgage
COVENANTS, amongst others:
- (i) covenanted with (ii) that to bar all estates tail and to better convey (a)-(ad) upon trusts that they would levy a fine sur conusans de droit come ceo etc.;
- some premises in Glentham, Bishop Norton and Scotter were copyhold and parts of Manors of Cainby with Glentham and Scotter and (i) covenanted with (ii) to surrender these in favour of (ii) upon trusts declared above
WITNESSES:
- John Brown, butler to Dr.Stinton;
- Samuel Harrison