Title
Indenture of Transfer of Trustee and Marriage Settlement
Parties:
(i) Lt.Gen.Sir William Fawcett and Dame Charlotta Fawcett his wife, late widow of Rev.George Stinton, DD, deceased;
(ii) Right Rev.Beilby, Bishop of Chester;
(iii) Rev.Thomas Stinton DD, Rector of Exeter College, Oxford; Henry Partridge of Middle Temple [London], King's Counsel
Reciting:
- lease and release by way of marriage settlement of 21 & 22 Jun 1773, for the release see X284/19/2;
- surrender of copyhold premises, as noted in X284/19/2;
- George and Charlotta Stinton sold farms in Scotter for 1,200 which was invested in a mortgage of those farms at 4% interest in names of Ayscoghe Boucherett and Thomas Hutton, now of Ayscoghe Boucherett alone;
- George Stinton died "some years since" without having issue by Charlotta Stinton;
- bond of obligation for 19,000 of 21 Oct 1786 by Sir William Fawcett to (ii) and Thomas Stinton, reciting his intended marriage with Charlotta Stinton, and promising to transfer to (ii) and Thomas Stinton, within 3 months of the marriage, securities to annual value of 450 upon trust for Sir William Fawcett, remainder to Charlotta Fawcett as her jointure in bar of dower, remainder to chidren of (i), remainder to Sir William Fawcett;
- Sir William Fawcett married Charlotta Stinton in Oct 1786;
- lease and release of 17 & 18 Feb 1786, the release between (1) John Pitt and William Morton Pitt, esquires; (2) Oliver Farrer, esquire; (3) James Farrer, gentleman; (4) Sir William Fawcett, Thomas Farrer of Pall Mall [Middlesex], esquire and Alan Chambre of Grays Inn [Middlesex], esquire in which (A) Manor of North Perrott [Somerset]; (B) messuages, stables and coachhouses in Arlington Street and Piccadilly [Middlesex]; (C) Manors of Martyrs Town and Kingston in Purbeck [Dorset] were mortgaged by (1) to (4) for 15,000 at 5% interest;
- indenture of 18 Feb 1786 between (1) Sir William Fawcett, Thomas Farrer and Alan Chambre; (2) Sir William Fawcett; (3) Oliver Farrer acknowledging that of the 15,000 lent at mortgage to John and William Morton Pitt, 5,000 belonged to (2) and 10,000 to (3), the names of (1) being those of trustees;
- Sir William Fawcett was entitled to 200 long annuities;
- (i) wished to replace (ii) with Henry Partridge as trustee under bond of obligation of 21 Oct 1786;
- desire of (i) to carry out the actions listed below in the Operative Part
Operative Part:
- in consideration of marriage of (i), (a)-(j), desire to secure 300 for Charlotta Fawcett and 10/- paid by (iii) to (i) then (i) demised (a)-(j) to (iii) for 99 years upon trusts that they take, during joint lives of (i), 300 from rents etc. as pin money for sole use of Dame Charlotta Fawcett, allowing Sir William Fawcett to receive the remainder;
- in consideration of the marriage, (A)-(C) securing the mortgage of 5,000 and 10/- paid to (i) by (iii) then Sir William Fawcett assigned the 5,000 mortgage money and 200 long annuities, together making 450 per annum, to (iii) upon trusts declared in bond of obligation of 21 Oct 1786;
- in consideration of the marriage, (a)-(j) and estates to be bought with 1,200 lent out as mortgage then Dame Charlotta Fawcett appointed (a)-(j) and properties to be bought, after her death, to be demised to following uses: TO USE of Sir William Fawcett; TO USE of (iii) for 500 years upon trusts that if any child of (i) be entitled to sums of 5,000 and 200 they were to raise such a sum and grant it to such trustees as appointed by Sir William Fawcett or, in default, to stand possessed of it themselves in trust for the child; or if no child becaome entitled to the sums of 5,000 and 200 and Dame Charlotta Fawcett raise from them the jointure of 2,000 [see first proviso below] then, after her death, to raise 2,000 for any child which might then become entitled to the sums of 5,000 and 200; TO USE of anyone appointed by Dame Charlotta Fawcett;TO USE of Dame Charlotta Fawcett;
- Dame Charlotta Fawcett declared that interest received from the mortgage monies arising from the Scotter sales should be received by those who would have received rents etc. from land bought with that money;
- Dame Charlotta Fawcett assigned all copyhold messuages from her death to same uses as (a)-(j);
- Sir William Fawcett agreed with (iii) that after his death all his houses in town and country and other real and personal estate should be vested in Dame Charlotta Fawcett;
- Sir William Fawcett directed that if, after his death, the annual sum of 450 could not be paid to Dame Charlotta Fawcett then his heirs, executors and assigns were to make that sum good from other sources
Provisoes, amongst others:
- if, after death of Sir William Fawcett, no child of (i) became entitled to the sums of 5,000 and 200 then Dame Charlotta Fawcett could instruct (iii) to raise 2,000 from the two sums for her own use as a jointure to bar dower etc.;
- lawful for (iii) until the trusts concerning the sums of 5,000 and 200 were fulfilled, and with consent of (i) and after the death of (i) to call in the sums and invest them in stocks etc.;
- expiry of term of 500 years following fulfilment of terms and provisoes or impossibility of so fulfilling them;
- that Dame Charlotta Fawcett should always retain the power of leasing (a)-(j) etc.;
- that after the death of Dame Charlotta Fawcett, Sir William Fawcett should have power to demise or lease (a)-(j);
- that (iii), with consent of (i) may sell any of (a)-(j) in exchange for other property;
- power to appoint new trustees;
Property:
(a) mansion in Glentham occupied by John Whitlam;
(b) farm in Glentham and Bishop Norton occupied with (a) by John Whitlam at combined rent of 120;
(c) 2 farmhousess in Glentham;
(d) 2 farms in Glentham and Bishop Norton occupied by Martin Hall, rent 120;
(e) farm in Glentham and Bishop Norton occupied by William Whitlam, rent 50
(f) freehold parts of farm in Glentham and Bishop Norton occupied by Nathaniel Cook, rent 36;
(g) cottage and several closes in Glentham occupied by Robert Scarborough, rent 14;
(h) farm in Sturton on the Street occupied by Thomas Elmer, rent 18;
(i) Dales Closes, Sturton on the Street, occupied by John Harrison and Thomas Ford, rent 24;
(j) farm and 4 cottages in Owmby occupied by Proctor Burrell, rent 110
Witnesses:
- James Cooper;
- J.Roe;
- G.Stackes;
- Henry Russell;
- W.Bullock;
- Robert Smith;
- William Sutherin