Bedfordshire Archives Service Catalogue
  • Reference
    X732/4
  • Title
    Indenture of Agreement declaring the uses etc. to which the estate (as in X732/3) is to be subject after the determination of the 500 year term created in X732/3, arranging for the payment of annuities, portions, and other sums and debts out of the estate, during a 600 year trust term created as part of the declared uses, and agreeing to perform other covenants, specified below, during the same term. 4 membranes
  • Date free text
    4 Jul 1701
  • Production date
    From: 1676 To: 1701
  • Scope and Content
    i) Sir James Astry as in X732/3, i) ii) James Astry as in X732/3, i), described here as gentleman iii) Sir Robert Jenkinson of Walcot (Oxfordshire), baronet, and Sir Pinsent Charnock of Holcot, baronet Recitals: Indentures of Lease and Release as in X732/3/1-2 3, 4 Jul 1701 Indenture of Release (subsequent to X732/1) between the parties as in X732/1, i)-ii), (James Astrey of Great Rollright (Oxfordshire) being the same as i)), whereby the manor of Wadlow and some other parts of the premises Released etc. in X732/3/1-2 (viz. a)-ee)), viz. X732/1 a)-m), (parts only, see X732/21), were limited to i) for life, remainder to the use of William Burr, gentleman, and Robert Parratt, esquire (since deceased), their executors etc., for 99 years upon trust, inter alia, that in case i) should have 2 daughters by his then wife (Dame Anne) living at the commencement of the same term, then the said trustees should out of the rents, issues and profits of the estate or by sale or demise, levy and raise sums of £1,500 as portions for such daughters (and £1,000 for 1 daughter and £500 apiece if 3 or more daughters) yet it was declared and agreed that in case any such daughter(s) should be preferred in marriage in the lifetime of i) then such daughter(s) should not have any further portions raised and paid by virtue of the deed. (NB. This deed is further recited in X732/11) 16 Jun 1676 That i) now has 2 daughters, Anne Astry and Henrietta Astry, and thinking it to be more prudent and better provision for them to have £1,000 secured to them (in manner as mentioned hereinafter) in lieu and instead of the £1,500, then to have only the expectation of the £1,500 after the decease of i), i) has agreed with ii) that the sum of £1,000 covenanted by ii) to be paid to Anne and Henrietta shall be accepted and taken for and as a provision made by i) in his lifetime for his 2 daughters in full satisfaction and discharge of the said trust Present deed: Declaration and Agreement by i) and ii) that the common recovery(-ies) and other conveyances and assurances in the law to be suffered and executed of the estate as in X732/3 shall, immediately after the expiration or other determination of the 500 year term created by X732/3, be and enure to and for the following uses: - to the use, intent and purpose that i) and his assigns shall for the term of his life receive an annuity of £50 tax free out of the premises to be paid quarterly beginning on the feast of St Michael the Archangel next ensuing (with power of distraint to i) in the event of any payment being behind or unpaid by the space of 20 days and power to enter and take possession of the premises and receive and take the rents, issues and profits thereof if behind or unpaid by the space of 40 days 'being lawfully demanded at the dwelling house of… (James Astry) in Woodend' - to iii), their executors etc., subject to the said annuity, for 600 years sans impeachment of waste upon the trusts for the intents and purposes and subject to the provisoes and agreements declared regarding the same - remainder to ii) in fee simple Declaration and agreement between i) - iii) and covenant by ii), his heirs, executors etc., with iii) as follows: - to, pursuant to the said agreement between i) and ii), pay £500 apiece to Anne and Henrietta at their respective ages of 21 years and in case either dies unmarried before that age, then to pay the £500 to the survivor and in case both die unmarried etc., to pay the sums to the respective executors or administrators of the daughters - to permit and suffer Anne and Henrietta to dwell in and inhabit the dwelling house of i) at Woodend in Harlington until the sums are payable and during all such time to allow and provide for them 'fitt and convenient dyett washing and lodging' and pay each of them £5 per annum tax free apiece for their 'Cloathes and Pockett money', the first payment to begin on the feast of St Michael the Archangel next, until the said £500 apiece be payable - to pay to his brother Penyston Astry £100 within one year after i)'s date of marriage or 2 years after the date of this deed (whichever happens first) and in the meantime, in case and so often as his brother is 'out of Imployment', to provide him with 'dyett' in his said dwelling house at Woodend and pay him £10 per annum for and during such time as he is out of employment - to maintain and provide for Mrs Pert, a lunatic, pursuant to a Commission in that behalf granted out of the High Court of Chancery - to pay £2,310 to Charles Cutts according to the proviso in X732/3 - to, within 6 months time, cause or procure all such judgements and outlawnies had or obtained against i) as are mentioned in a schedule or writing of even date with these presents and signed by i) and ii) and accepted by 2 credible witnesses, to be vacated and reversed so that i), his executors etc., his or their real estate or personal estate shall not be affected therewith or liable thereunto - to pay the annuity of £50 to i) as declared above Declaration and agreement by and between the parties that the term of 600 years limited to iii) is limited to them upon the following trusts: - that in case i), his heirs etc., shall not perform and satisfy all the payments and provisions covenanted by ii), then iii) shall (with the rents, issues and profits or by lease(s), mortgage(s) or sale(s) of the premises) levy and raise sufficient money to pay and satisfy all and every such breach or non-performance etc., of ii) of the covenants and agreements and all related costs, damages and charges Declaration and agreement by and between the parties that i) shall for the term of his natural life have the sole use and enjoyment of the forepart of the house where John Odell now dwells at Woodend as the same is or usually has been divided consisting of 2 rooms below and 2 rooms above stairs together with sole use of the old stable there adjoining to the ground called the Nursery (?X732/3 p)) Gift and grant from i) for the consideration aforesaid (viz. the covenants and agreements expressed on the part of ii) to be paid, done and performed), without any account to be given or rendered for the same, of all his goods, furniture and utensils now standing and being in and about the said dwelling house of ii) at Woodend and all his stock, living and dead, now upon the premises (excepting all such goods as are mentioned in the aforesaid schedule or writing) Covenant and agreement by ii) with i), his executors etc., to within 6 months, pay all i)'s debts as are mentioned and contained in the aforesaid schedule or writing or will, otherwise indemnify i) of and from the same and also pay the charges of this present conveyance with 20 guineas to i) at the sealing and delivery hereof Covenant clause of indemnity by i) excepts only the 99 year term mentioned above and the clause for further assurance states that 'for the doeing thereof no person or persons be compelled or Compellable to Travile further than the Citties of London and Westminster' Dorse: signed and sealed by i) - ii) in the presence of F Brace and P Evans; and inscribed '9'
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