Scope and Content
Parties:
(i) James Lucas of Elmwood, Much Wymondley [Hertfordshire], esquire and Mary, his wife;
(ii) William Edwards Lucas of Wymondley, esquire, eldest son of (i);
(iii) Philip Monoux Lucas of Compton Street, Brunswick Square [Middlesex], esquire; Mary Lucas; Harriet Lucas of Elmwood, spinster - all younger children of (i);
(iv) William Parkinson of Great Winchester Street [Middlesex], merchant; Rev Philip Monoux of Sandy;
(v) William Meggy and Thomas Chalk both of Chelmsford [Essex], auctioneers in partnership;
(vi) Edward Bigg of Hatton Garden [Middlesex], gentleman;
(vii) John Copland of Chelmsford, gentleman
Reciting:
- marriage settlement by lease and release of 23 and 24 February 1773 between (1) James Lucas, (2) Mary Edwards, spinster, (3) Herbert Parkinson and John Edwards and (4) William Parkinson and Philip Monoux before the marriage on (1) and (2) in which (2) released (a)-(c), amongst other hereditaments, to (3) to the use of (2) until her marriage then to the use of (3) for 300 years upon trusts, remainder to the use of (1) or his life in trust to preserve contingent remainders, remainder to the use of (2) for her life, remainder to the use of their children, remainder to the use of (2) for ever, the trusts being to: raise £52/10/- for the joint lives of (1) and (2) to purposes appointed by (2) and in default to (2) for her separate use; and to raise £200 for (1) and £200 for Christopher Smyth of Northampton, gentleman to discharge a bond and to raise £550 to discharge a mortgage to Thomas Crootes on part of the hereditaments (but not including (a)-(c)) and £100 in discharge of the residue of a legacy of £200 given to Dorothy Willis Wootton (then wife of Thomas Hall) by the will of Dorothy Edwards;
- deed poll by James and Mary Lucas of 2 December 1793 appointing all hereditaments in the indenture of 23-24 February 1773, including (a)-(c), to the use of (ii) charged with payment of £1,500 to Philip Monoux Lucas, to the use of Philip Monoux Lucas charged with payment of £2,000 to Mary Lucas the daughter and Harriet Lucas to whom was given the ultimate remainder as tenants in common;
- (i) and (ii), with the consent of (iii) had contracted with (v) for sale to them of (a)-(c);
- part of the hereditemants in the marriage settlement of 1773 had been sold to Smith and others;
- (iv) had consented, at the request of (i) and (iii) that the £52/10/- annuity to Mary Lucas should stand charged on the residue of the premises
Operative Part:
- (v) paid £993 to (i) and (ii), with the consent of (iii);
- (vi) paid 10/- each to (i), (ii) and (iii) ;
- (i), (ii) and (iii) released (a)-(c) to (vi);
- to discharge (a)-(c) from the annuity of £52/10/- Mary Lucas appointed (a)-(c) free from the incumbrance;
- (v) gave 10/- to (iv);
- (iv), by direction of (i), (ii) and (iii) surrendered (a)-(c) to (v);
- (i), (ii) and (iii) covenanted to deliver the marriage settlement of 1773 and deed poll of 1793 to (v) on request
Property:
(a) toft or site of a messuage now pulled down with barns, stables, outhouses, orchard, homestead and backside in Riseley;
(b) three closes of arable and pasture adjoining (a) and 34 acres called Green Ditches or Priests Fields;
(c) cottage in Riseley formerly in occupation of William Alleyn, then Thomas Woodham an formerly estate of William Alleyn situate between ground sometime of Oliver Smith W and William Addington E;
(a)-(c) in occupation of William Rootham
Habendum:
- to (vi), to the use of (vi) so that he became perfect tenant against whom a common recovery might be had in which (vii) was prosecutor against (vi);
- half part to the use of deeds of William Meggy; to the use of William Meggy for life; to the use of (vii) during the life of William Meggy, in trust for William Meggy, to the use of William Meggy for ever;
- half part to the use of deeds of Thomas Chalk; to the use of Thomas Chalk for life; to the use of (vii) during the life of Thomas Chalk, in trust for Thomas Chalk, to the use of Thomas Chalk for ever
Witnesses:
- D Times;
- Sarah Oakley, servant to James Lucas;
- Henry Pulley, clerk to John Copland;
- W B Peacock, clerk to John Copland;
- Nathaniel Snell Chauncy;
- Philip Stannard junior of Wilson Street, Finsbury Square;
- Rebecca Wingfield;
- Mary Bartle;
- William Jones of South Lambeth;
- Edmund Tate
Examined on 19 September 1878 by George Heineman and John Flisse clerks to Garrard of Olney [Buckinghamshire], attorney at law