Settlement on the marriage of the Rev. Mr Bather and Miss Hallifax 1. Edmund Ashby...

Settlement on the marriage of the Rev. Mr Bather and Miss Hallifax

1. Edmund Ashby of the Lynches, Esq.

2. John Bather snr of the Bank, Shrewsbury, gent. The Rev. John Bather jnr. Vicar of Meole Brace, son and heir of John Bather snr.

3. The Rev. James Hallifax D.D. Rector of Whitchurch, and Frances his wife Martha Hannah Hallifax, spinster, one of the children of James Hallifax by Martha Louisa his wife, decd.

4. John Topham of Greys Inn, Esq.

John Watson of Terrick, Whitchurch, Esq.

Recital of lease and release of 24 & 25 March 1763 conveying property to the use of John Ashby who died leaving his brother Edmund his heir

Recital of lease and release of 1 & 2 Feb. 1774 between John Bather snr. (1) John Bather jnr (2) by which certain lands, part of those in the lease and release of 24 & 25 March 1763 were conveyed to the use of John Bather jnr.

Recital of lease and release of 28 & 29 Sept. 1775 between Ann Collins of Acton Pigott, spinster (1) Richard Parton of Huntingdon, farmer, and Francis Parton of Lawley, farmer (2) Humphrey Parton of Arleston, farmer (3) John Bather snr. (4) other property in the parish of St. Julian's was conveyed to John Bather snr. Recital of indenture of 4 Sept 1756 between James Hallifx (1) Martha Louisa Cutler, of Holborn, spinster (2) Samuel Cutler of Threadneedle St., goldsmith, and Thomas Hallifax of Lombard St., goldsmith (3). Marriage intended between James Hallifax and Martha Luisa Cutler. £1,500 3% Consols to be vested in Samuel Cutler and Thomas Hallifax, the interest to be paid to the couple for life, then transfer of Consols to the children of the marriage.

Martha Louisa Hallifax died on 22 Sept. 1757 leaving James Hallifax and one child only, Martha Hannah, who was 21 on 2 Sept last. So the capital sum of £1500 3% Consols is vested in her subject to the life interest of James Hallifax. She has in her own right £5,504 10s 1d 3% Consols, £4,250 part of which was bought with money received by James Hallifax, in discharge of legacies bequeathed by the wills of Hannah Valentine, widow, and Frances Harris, widow, both decd., to Martha H. Hallifax. In consideration of the marriage between John Bather jnr. and Martha Hannah Hallifax, Frances wife of James Hallifax is to receive the interest of the £1,500 Consols for her life.

Edmund Ashby bargains and sells to John Bather snr. and jnr. and grants to John Topham and John Watson several pieces of land lying together called the further field, the Middle field and the nearer field now in 2 pieces called the further and nearer field, the late Woods Croft, Matts Croft and Nanas Croft fromerly in the occupation of Jane Downes, widow, now John Bather snr., Thos Gosnell and Thos Davies; parcel of land called Spittle dale (late widow Boothby, now David Pugh); several pieces of land - the Cross fields, Gallonts Meadow, Brook field or Washford, the Little Croft and the Oxley (Rd Plumber); a small piece, being part of or adjoining the piece called the Fountain Head (Rd Plummer).

Pieces called the Washford Croft and the Knocking Meadow (late Widow Davies, now Rd Plummer); a close lately inclosed from Nobold Common (4a) (Rd Plummer); 4 pieces, the Lower Croft, Upper Croft, Bridge Leasows and Spittle field (late Rd Boothby son of John Boothby decd., now John Bather snr, Edw. Parry, Tennant Lacy and John Jones); a small parcel - the Bowling Green (late the Rev. Mr Allen, now John Jones), all in Meole Brace, and the tithes from the farm (Benjamin Juston) being the estate of Wm Berrington, Esq., and out of a farm in Nobold (Rd Plummer), being the estate of Wm Kendrick, Esq., and out of all the above lands in Meole Brace A piece of land in the parish of St. Julian's called the Pike (late Thos Palin now David Pugh).

To hold on trusts.

For 10s by John Topham and John Watson to John Bather snr, John Bather snr. grants to them all that dwelling house and garden near the Can Office in St. Julian's in Shrewsbury, (heretoford Matthew Hinley, now or late Thomas Jones); the close called Coleham Meadow or Marshes Leasow, heretofore the estate of Colonel Richard Whitworth Esq., decd.; closes called Great St. Johns field now or late in one piece and Little St. Johns field heretofore the estate of Rowland Tench, Clerk, deceased; a close called the pasture or Bettons Croft, heretofore the estate of Wrottesley Betton, Esq., deceased, all which premises are near Coleham in the parish of St. Julian's; which house and garden and the Great and Little St. Johns fields, now or late in one piece, and Bettons Croft are bounded on the East by a piece called the Pike or Pike Furlong, now or late in the tenure of David Pugh on the West by land late in the possession of Sarah Bowen, widow, on the South by the road from Shrewsbury to Nobold, all which premises were late in the possession or occupation of William Parton but now or late of John Bather snr., which with other premises were granted by lease and release of 28 and 29 September 1775 to John Bather snr.

To hold to John Topham and John Watson on trusts:- to John Bather jnr. for his life, then to Martha Hannah Hallifax for life, then to the first son of John and Martha and the son's male heirs, and in default of such to their other sons in turn, and their male heirs, and in default to John and Martha's daughters and their issue, as tenants in common.

Provisoes for the sale of the property and the purchase of other property. As for the £5,504 10s 1d Bank Annuities, the portion of Martha Hannah, these are to be held by the trustees in trust. After the marriage £1,504 10s 1d annuities are to be transferred to John Bather jnr. for his use, and the rest is to be held on trust to pay John Bather jnr. the dividends for his life, then the capital is to be divided between their children according to his will. After the death of both parents the money is to be paid to the children at 21, if sons, and at 21 or on the day of marriage if before 21, if daughters. Samuel Curtler and Sir Thomas Hallifax are to stand possessed of £1,500 Bank annuities vested in them after the death of James Hallifax, so that Frances, wife of James Hallifax, if she survive him, shall have the interest after James Hallifax's death for her life, and after the deaths of both James and Frances Hallifax the £1,500 annuities are to be held on the same trusts as for the £4,000 bank annuities.

Power is given to sell the annuities and purchase property with the proceeds.