Bedfordshire Archives Service Catalogue
  • Reference
    X732/10/1-2
  • Title
    Indentures of Lease and Release by way of pre-nuptial settlement. 2 and 6½ skins respectively
  • Date free text
    9, 10 Feb 1718/9
  • Production date
    From: 1718 To: 1719
  • Scope and Content
    i) Reverend Francis Astry as in X732/9 ii) Susanna Walklate of St Andrew, Holborne (Middlesex), spinster iii) George Draper of Inner Temple, London, gentleman iv) Sir Francis Windebanke of St Andrew, Holborn, knight Samuel How of the parish of St Bridgett alias St Brides, London, esquire Recitals: That a marriage is intended to be solemnised between i) and ii) Present deed: Conveyance by Lease and Release from i) to iii) (in consideration of the marriage, £2,000 (ii)'s marriage portion) paid to i) and for settling a competent jointure on ii) in case she outlives i) and for settling the estates mentioned below to the uses, intents and purposes expressed and declared) of premises as in X732/3/9 a) - oo) Habendum: to iii) to such uses etc. upon such trusts and with and under such powers etc. as are limited and declared viz. to i) and his heirs until the marriage Then as regards e) - f), (g: excepting the coppice of wood at the South East side thereof and which 3 closes and excepted coppice are called 'Bunces'), h), k) - n), o): (excepting the coppice there), p), w) - aa), ff), hh) - ll) : (all which jj) etc. saving the tithe wood are in occupation of Thomas Tristram, the tithe wood being in possession of Francis Astry) and all other houses, lands, possessions and hereditaments which Henry Moor, George Nicholls and Widow Shaw hold of i); N.B. the names William Godfrey and Thomas Tristram are also listed but have been struck through - to i) for life sans impeachment of waste (other than voluntary waste in houses unless for rebuilding, repairing or amending the same) - remainder to iv) and their heirs during the life of i) upon trust to preserve the contingent uses thereof, limited below, from being barred or destroyed and, for that purpose, to make 'entry's' and bring actions as there shall be occasion but nevertheless to permit i) and his assigns to receive and take the rents, issues and profits thereof, and immediately after the death of i) of such daughter(s) viz. if 1 - £2,000, if more than 1 - £2,000 to be equally divided between them share and share alike to be paid when they attain their majority(-ies) or get married (if earlier) or 6 months after the death of the survivor of i) and ii) if that event come first with interest from the time of the death at £5% per annum (with specifications in the event of the death of 1 or more daughter(s) before their portions become payable etc.) - that if there are no sons etc. and there happens to be 1 or more daughter(s) living at the time of the decease of the survivor of the parents and under 18 years or unmarried to, out of the rents, issues and profits of the premises limited for the term until the portion(s) of such daughter(s) become payable, raise and pay for the maintenance and education of them as follows: if 1 daughter - £50 per annum until 10 years of age and £70 until 18 years of age, if 2 - £30 until 10 years of age and £40 from age 11 to 18, and if 3 or more, such yearly sum to each of them as their respective portions after the rate of £5% per annum until etc. Provisoes: - that if i) shall in his lifetime advance and pay any sum(s) of money for the advancement of any such younger son(s) or if any such daughter(s) shall happen to marry in the lifetime of i) and have received a marriage portion from i), then such portion(s) so paid should be accounted in full as part of the portions appointed to be paid as above, the residue to be raised as above - that if any such daughter(s) shall be entitled to any such portion(s) as younger child(ren) and there shall afterwards be a failure of issue male of the body of i), then such portion(s) shall be in part of the portion(s) hereby provided for them upon failure of such issue male so that they shall not be entitled to any such portion(s) in double capacities - that in the event of no portion (by virtue of the age and marriage criteria) being payable upon the death of i), then the residue of the rents, issues and profits arising from the estates (over and above what is required to pay the sums, mentioned above, for the maintenance and education of such child(ren)) shall, until a portion becomes payable, be received and taken by and for the use and benefit of such person(s) to whom the next and immediate estate for the time being expectant upon the determination of the estate of 100 years (sic) shall belong - that if such person(s) shall pay to such younger son(s) and daughter(s) the said sums and portions for maintenance etc. and portions to those that become eligible to the same, then in either case (the trustees' charges regarding execution of the trust relating to the 1,000 year term and all arrears of maintenance being fully satisfied) the term of 1,000 years in the premises and in so much as shall remain unsold and the equity of what shall be mortgaged shall attend and wait upon the freehold inheritance Declaration and agreement between the parties that it shall and may - remainder to use and behoof of ii) and her assigns for life for her jointure and in full recompense, lieu and satisfaction of and from dower and thirds in and out of the same estate and immediately after the deaths of i) and ii) and the longer liver of them - remainder to iv) their executors etc. for 1,000 years sans impeachment of waste upon trusts as are declared regarding the same and after expiration or other determination of the term and subject thereunto - remainder to the first son of i) on the body of ii) lawfully begotten and the heirs male of such first son lawfully issuing and for default of such issue - remainder to the second son etc. successively up to the tenth son 'and all every other' the son(s) of i) on the body of ii) etc. 'severally, successively and in remainder one after another as they shall be in priority of birth and seniority of age and of the heirs male of the same' etc. and for default of such issue - remainder to i), his heirs and assigns in fee simple then as regards a)- d), j), q) -v), bb) - ee), gg), and mm) - oo) - to i), his heirs and assigns in fee simple Declaration and agreement between the parties that the 1,000 year term is limited to iv) upon the following trusts: - that in case i) has issue on the body of ii), viz. other child(ren) than an eldest or only son, the trustees shall at any time(s) after the decease of i) and ii), (or in their lifetime if i) fits and appoints the same), by sale or mortgage of the term or part thereof, raise and levy (subject nevertheless to the estate for the lives of i) and ii) in the premises and sans prejudice to the same estate) £1,000 for the portion(s) of such child(ren) to be paid to them when and in such shares etc. as i) shall direct or appoint (with specified provisions in the event of default of such direction or appointment) - that in the meantime after the death of the survivor of the parents and until such portions become payable (the child(ren) not having reached their majority(-ies)), to raise and levy out of the rents and profits of the estate limited by the 1,000 year term, for the maintenance and education of such younger child(ren) until etc., yearly sums as follows: 1 child, interest of the said £1,000 at £5% per annum until etc.,); 2 or more children, such yearly sum to each of them as their respective portions after the rate of £5% per annum until etc., (with provisions in the event of death(s) before portions become payable etc. that the money should accrue to the benefit of the survivor(s) share and share alike) - that if there are no sons of i) who attain their majority and there happens to be 1 or more daughters of i) who attain etc. or get married, then the trustees shall at any time(s) etc. (see above) raise and levy £2,000 for the portion(s) be lawful to and for all person(s) being in actual possession of all or any part of the premises limited for the term of 1,000 years to make any lease(s) in possession not in reversion or remainder or by way of future interest of all or any part(s) of the premises for any term or number of years not exceeding 21 years 'so as no such Leases by any Express words therein to be contained be made dispunishable of Wast'; upon all and every such lease(s) there be reserved to continue payable during the term(s) of such lease(s) the best and most improved yearly rents that can reasonably be obtained without taking any sum(s) of money or other thing by way of 'Fine or Income' for the same; every such lease to contain a clause of re-entry for non-payment of rent(s) thereby reserved Dorse: sealed and delivered and receipted in the presence of George Draper junior and Richard Williams, clerk to George Draper
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