Reference
X284/23/17
Title
Marriage Settlement
Parties:
(i) John Armitage Nicholson of Balrath House, Meath [Ireland], esquire and Katharine Nicholson of Balrath House, spinster, his daughter;
(ii) William Stuart the younger of Kempston, Major in Bedfordshire Militia;
(iii) Charles Pole Stuart of Langley Broom House [Buckinghamshire], esquire; William Stuart Knox of Dunganon Park, Tyrone [Ireland], Major in Her Majesty's Army; Christopher Armitage Nicholson of Balrath House, esquire; Rev.John Hampden Nicholson of Cork [Ireland]
Recitals:
- marriage between Katharine Nicholson and (ii) agreed;
- marriage treaty agreed that John Armitage Nicholson should pay Katharine Nicholson 10,000 who should settle it upon trusts;
- John Armitage Nicholson had paid 10,000 to Katharine Nicholson who had paid it to (iii)
Operative Part:
- (iii) to stand possessed of 10,000 upon trusts for: John Armitage Nicholson until the wedding; after the marriage for investment and payment of interest to Katharine Nicholson, to receive 100 per annum for her sole use during the joint lives of her, (ii) and William Stuart the elder and 300 for her sole use after the death of William Stuart the elder;
- annual income of trust [presumably after deduction of the 100 or 300] to be paid to (ii), remainder to Katharine Nicholson;
- (iii) to be trustees for children of Katharine Nicholson and (ii), except an only or elder son, by virtue of limitation in settlement of 17 Jul 1854 between (1) William Stuart the elder; (2) William Stuart the younger; (3) James Frederick Crichton Stuart, captain in Grenadier Guards; William Stuart Knox; Vincent Corbett, captain in 85th Foot (Buckinghamshire Light Infantry) in which an eldest son would be entitled to certain manors etc.
Provisoes:
- no child whose issue should take a share of the trust monies would be entitled to any share of unappointed part of funds until they had brought the share appointed into hotchpot;
- any child, except an elder or only son, who ad not attained a vested interest in the trust fund should, at the discretion of (iii) , receive interest of such a share for their maintenance;
- if any application for maintenance in education were less than the annual share the child were otherwise entitled to, the surplus was to be invested and used in later years, if needed;
- any son, other than the eldest, may receive up to a third of their invested sum for preferment;
- if no children of the marriage resulted the trust funds to be applied for sole use of Katharine Nicholson or, if (ii) survived her, to use of will of Katharine Nicholson;
- if (ii) died and Katharine Nicholson wished to remarry she should have up to half the sum of 10,000 upon trusts for herself, new husband and any children by him, unless there are more than two children, besides an eldest or only son, from the marriage of Katharine Nicholson and (ii);
- proviso for appointment of new trustees
Witnesses:
- William Ponntrey, 43 Summer Hill, Dublin;
- W.N.Nicholson, Balrath House;
- Edward J.Smith, Rutland Square, Dublin, solicitor
Endorsements:
- memorandum that 10,000 was used to purchase 10,430/5/- in 3% consolidated bank annuities, 9 Nov 1859
Date free text
12 Sep 1859
Production date
From: 1854 To: 1859
Level of description
item