Bedfordshire Archives Service Catalogue
  • Reference
    X732/11
  • Title
    Indenture of Release of portions and Assignment of 2 trust terms subject thereto. 6 membranes
  • Date free text
    11 Feb 1718/9
  • Production date
    From: 1718 To: 1719
  • Scope and Content
    i) Anne Astry of the parish of St Margaret's, Westminster (Middlesex) and Henrietta Astry of the same, spinsters, daughters and only female issue of Sir James Astry, late of Woodend in the parish of Harlington, knight, deceased, as in X732/6, ii), and Peniston Astry of St Margaret's etc., third and youngest son of Sir James Astry ii) Francis Astry as in X732/10/1 iii) Mary Burr of Dunton, widow and administratrix of William Burr, late of 'Shortnold' [?Shortmead in the parish of Biggleswade or Stotfold? ?Or Shortnall in Streatley?] (Bedfordshire), gentleman, deceased, who survived Robert Perrott, late of 'Northly' (?North Leigh) in Oxfordshire, esquire, deceased iv) Sir Pinsent Charnock of Holcot, baronet, who survived Sir Robert Jenkinson, late of 'Walcot' (Oxfordshire), baronet, deceased v) Sir William Sanderson of Charlton (Kent), knight, gentleman usher of the black rod John Coppin of 'Markett Cell' (presumably Markyate) in the parish of Caddington (Hertfordshire), esquire vi) Joseph Webb, citizen and grocer of London Francis Peters of Inner Temple (London), gentleman Recitals Indenture of Release 16 Jun 1676: see X732/1, X732/4, and X732/22 Recital here, in more detail than that in X732/4, specifies that the money to be raised and levied by the trustees was as follows: £1,000 if 1 daughter, £1,500 if 2 daughters, to be equally divided, and £500 apiece if 3 or more; and that it was to be paid to any such daughter(s), under 18 years of age or unmarried at the time of the commencement of the term, upon their majority (18 years) or marriage, whichever comes first, and, if 18 at the commencement of the term, they should receive their portion(s) within 1 year after such commencement That the trustees (William Burr and Robert Perratt (Perrott herein - see iii) above)) should, after the commencement of the 99 year trust term, levy and raise annually monies for the education and maintenance of such daughter(s) until their portion(s) become payable viz. if 1 daughter, £50, if 2 daughters, £40 each, and if 3 or more £30 each (and if any daughter be preferred in marriage or provided for in the lifetime of Sir James Astry, then no further portion to be raised by this Indenture) Further declaration/provision that if Sir James Astry should by his will give or bequeath to any of his daughter(s) any sum(s) as their portion(s) (so as the same does not exceed the portions appointed to be raised above) they shall not be eligible for any further portion (i.e. as appointed to be raised above) whether the portion bequeathed be more or less; and the trustees should by such means as aforesaid raise and pay to such daughter(s), the portion(s) as bequeathed to them respectively and no more Further declaration that if Sir James Astry dies sans issue female on the body of Anne unmarried and unprovided for at the time of his death and should have more than 1 son, the trustees should, immediately upon commencement of the term, levy and raise £1,500 for the use and benefit of such younger son(s) to be paid when and in such proportions as Sir James Astry should by his will give, bequeath, direct or appoint; and that the trustees should levy and raise out of the rents and profits of the premises £20 per annum for every such younger son for their education and maintenance until their portion becomes due; and that, in case Sir James Astry should not make or publish a will or in his will should not direct or appoint any portion(s) to any younger son(s), then the trustees should satisfy and pay the £1,500 to such younger son(s) within 6 months after they attain the age of 21 years to be equally divided between them (share and share alike if more than one); and in such event the £20 annually to be raised etc. as above That the trustees should, after all the portions, sums of money etc. have been levied and raised with all charges in connection with the same (or the heirs of the body of Sir James Astry or any other person(s) to whom the estate is limited in remainder shall pay the same) or in case there should be no such daughter unmarried and unprovided for nor younger son(s) at the commencement of the term, at the request and costs and charges of such person(s) to whom the immediate estate of inheritance and freehold of and in the premises expectant upon the determination of the said term should belong or appertain surrender and yield up the estate and term of years to the same [i.e. the person that should be next in remainder]; and the inheritance of the premises expectant etc. are limited to the heirs male of Sir James Astry on the body of Anne his then wife, remainder to the heirs and assigns of Sir James Astry in fee simple. End of this recital Indentures as in X732/3 - X732/4 3-4 Jul 1701 That afterwards Sir James Astry and Mrs Pert, the lunatic, died in the lifetime of James Astry the son, he having duly paid Sir James Astry the rent charge of £50 during his life and having maintained and provided for Mrs Pert during her life That James Astry the son has paid off and satisfied all judgements and outlawries had and obtained against Sir James Astry That James Astry the son afterwards died seised of the inheritance of the manor and premises sans issue and unmarried upon whose death the inheritance is descended and come to ii) who has obtained Letters of Administration of the goods and chattels etc. of his brother James Astry the son That ii) has since the death of James Astry the son paid Charles Cutts the said sum of £2,310 and all interest and all monies secured to him on the said premises and, in consideration thereof, by Indenture (see X732/7) did by the direction of ii) assign the manor etc. to Charles Coates, esquire, for the remainder of the term of 500 years limited to Charles Cutts as aforesaid in trust for ii) his heirs and assigns 7 Apr 1718 That ii) has accounted with his sister Ann Astry (see i)) for her said portion and maintenance secured and payable to her out of the manor and premises and all other matters and things covenanted and agreed to be allowed to her by James Astry deceased and that account is due and payable to Ann Astry in the sum of £500 That ii) has similarly accounted with Henrietta Astry (see i)) and likewise £500 is due to her That ii) has likewise accounted with Peniston Astry (see i)) his brother and £100 is payable and due to him thereon Present deed: Assignment from iii), (in consideration of £500 paid to Ann Astry, £500 paid to Henrietta Astry and £100 paid to Peniston Astry, each of the i), who exonerate and discharge ii), who paid the monies, his heirs etc. and all and every the manor and premises (see below) by the direction and appointment of i) and at the nomination of ii), to v) of: a) the manor or reputed manor of Wadlow with the rights, members and appurtenances thereof and all and every the messuages, lands, tenements and hereditaments limited to William Burr and Robert Perrott for term of 99 years in and by the Indenture of 16 June 1676 (recited in part above) with all estate, right, title, interest, term of years, claim and demand of iii) into or out of the said premises by virtue of the same Habendum: to v) for the residue of the unexpired term of 99 years in trust to attend upon and be subject and liable to the several and respective uses, rights, intents, purposes, provisoes and agreements limited, declared and expressed in X732/10 Assignment from iv), by the direction and appointment of i) and at the nomination of ii), to vi) of: b) the manor or reputed manor, messuages, cottages, lands, rectory, tithes, hereditaments and premises limited to Sir Robert Jenkinson and iv) by X732/4 Habendum: to vi) for the residue of the unexpired term of 600 years in trust etc. as above Dorse: inscribed ' Mrs Ann Astry, Henrietta Astry and Penyston Astry's Release of their porcions And an Assignment of Two Trust Terms Subject thereto' sealed and delivered (and receipted) by Ann Astry in the presence of Thomas Atkinson, Thomas Rudd and Daniel Draper; sealed and delivered (and receipted) by Peniston Astry [and Henrietta Astry: the receipts relate to the considerations referred to in the deed] in the presence of Richard Williams, clerk to George Draper, and J Martin; sealed and delivered by ii), Henrietta Astry and Peniston Astry in the presence of Richard Williams and J Martin; sealed and delivered by iii) in the presence of Edmund Rudd; and sealed and delivered by iv) in the presence of Francis Wingate (?Wingale) NB. A counterpart of this deed is to be found catalogued as X702/2 (part of accession 5982 (B.R.A.2245)) but the indents do not match up
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