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Marriage Settlement

Catalogue reference: Blake/I/v/5

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This record is a file about the Marriage Settlement dating from 25th November, 1766, 7 George III.

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Full description and record details

Reference
Blake/I/v/5
Title
Marriage Settlement
Date
25th November, 1766, 7 George III
Description

PARTIES:

1. Mary Eleonora Jones of Ramsbury Manor, Wilts, spinster.

2. Francis Burdett eldest son and heir apparent of Sir Robert Burdett of Foremark, county of Derby, bart.

3a. Sir Charles Kemeys Tynte of Haswell, Somerset, bart.

b. Rev. Edward Ernle of Avington, Berks, doctor of laws.

c. James Shuttleworth of Lawthorp, Lancs, esq.

d. William Blackstone of the Middle Temple, London, esq. solicitor general to Her Majesty

SUBJECT OF TRANSACTION:

A. £6,000

B. moiety of 1. expectant on the d. of Nathaniel, Lord Delamer and Margaret, Lady Delamer without issue of Margaret Lady Delamer of - messuage or tenement far and lands called twelve acres farm in parish of Ensham with a purts and all leasehold estates of William Jones deced. in the County of Oxford. Under the will of Samuel Jones deced.

C. moiety of 1. £3094.3d. reduced Bank Annuities and £540 Old South Sea Annuities expectant on the d. of Nathaniel Lord Delamer and Margaret Lady Delamer his wife without issue of said Lady Delamer under will of Samuel Jones

D. moiety of 1. expectant on the d. of Margaret Lady Delamer without issue on 2 mortgages for £5000 and £1500 and in £2,942.13.4d. capital Bank Stock under the will of Mary Bayly deced.

Recites that 1. is entitled to £6,000 over and above the £22,000 in an Indenture of Release of even date. Recites that Samuel Jones, esq. deced. late uncle of 1. in his will of 2 Jan. 1743 devised the freehold part of premises B. upon trust for his sister Margaret Booth, now Lady Delamere wife of Nathaniel Lord Delamere for her life with remainder to several uses since incapable of taking effect with remainder to his bro. William Jones esq. since deced. late father of 1. his heirs and assigns for ever. Also recites that Samuel Jones in his will bequeathed to trustees the leasehold part of premises B. upon trust to pay the residue of the rents to his sister Margaret Booth for her sole use for her life and then in trust for such persons as Twelve Acres Farm should vest and the residue of his personal estate to trustees to pay the interest to his said sister Margaret Booth for her life and then to his bro. in law said Nathaniel Booth, now Lord Delamere for his life and then for their children but if no children of Margaret Booth then to the same used as his real estate

1. and her sister Elizabeth Jones on the d. of their bro. William Jones esq. in April last became entitled as coheirs at law to the remainder and reversion of the freehold and leasehold estates expectant on the d. of Margaret Lady Delamere and to the residue of the personal estate of Samuel Jones in remainder expectant on the d. of Nathaniel Lord Delamere and Margaret Lady Delamere his wife without issue of said Margaret Recites Indenture of 4 June last past in which 1. and Elizabeth Jones granted the freehold farm called Twelve Acres farm with appurts. to Nathaniel Lord Delamer from the d. of Margaret Delamer for his life and then to the use of Elizabeth Jones and 1. as tenants in common and Elizabeth Jones and 1. also declared that 3b. (the surviving trustee named in the will of the leasehold estates) should after the d. of Margaret Lady Delamer hold the same in trust to pay the rents, etc. to Nathaniel Lord Delamer for his life and then in trust for Elizabeth Jones and 1. as tenants in common

Recites Indenture of 25 June last which recited that £1,000 with interest was due from Joseph Gyfford deced. and Anthony Gyfford to Samuel Jones deced. on Bond but that the Bond had been mislaid. In consideration of £1 laid out by Catherine Gyfford and Anthony Gyfford in purchase of £1,094.3d. reduced Bank Annuities in the names of 3b. and Nathaniel Lord Delamer Catherine Gyfford and Anthony Gyfford were released from the bond.

Recites that an account of the residue of the personal estate of Samuel Jones and amounts to the said sum of £1094.3d. and also to another sum of £2,000 - total of £3,094.3d. reduced Bank Annuities in the names of 3b. and Nathaniel Lord Delamer and also £540 Old South Sea Annuities in the name of Nathaniel Lord Delamer

Recites Indenture of 25 June last which recited an Indenture of 18 April 1744 whereby Joseph Gyfford assigned to William Jones and Samuel Jones a mortgage and the manor of Thorington and Great and Little Bavington and messuages etc. belonging in County of Northumberland - to hold to William Jones and Samuel Jones for residue of term of 500 yrs. redeemable on payment of £5,000 - in trust as to £4,000 (party of the £5000) to pay the interest to use of Mary Bayly for her life and then to transfer the principal sum to the issue of her body and in default of such issue to such persons whom she should appoint and for want of such appointment according to the directions of her will. and as to the £1000 residue in trust for said Mary Bayly and after reciting indentures of lease and release of 17 and 18 April 1745 William Jones released to Mary Bayly several closes in parish of Bishops Hill, Yorks and also capital messuage called Northburne and divers messuages etc. in parishes of Northbourne Shoulden Ripple Sutton Deal Tilmanstone Great Moughan Little Moughan and Stonebridge, Kent. of which one or more mortgages in fee had been made which had since vested in William Jones - to hold to Mary Bayly subject to redemption on payment of 1,500 and interest

Recites will of Mary Bayly of 22 Nov. 1750 in which she devised £3,000 Bank Stock and £40000 in money to which she was entitled under the will of Elizabeth Gibbons to Nathaniel Lord De la mer (by his then name of Nathaniel Booth) and Sir Michael Ernle in trust to pay debts, legacies etc. and sink overplus in her personal estate the residue of which she devised to Nathaniel Lord Delamer and Sir Michael Ernle upon trust to pay the interest to Margaret now Lady Delamer for her life and then in trust for her children and grandchildren and in default to her neices Elizabeth Jones and 1. as tenants in common

Recites d. of Mary Bayly on 14 October 1765 without issue and that she was entitled to £5000 and £1500 upon 2 said mortgages and to other money and personal estate and that £2,942.13.4d. capital Bank Stock was the residue of her personal estate besides the said 2 principal sums of £5000 and £1500 and this was transferred to the names of Nathaniel Lord Delamer and 3b. upon the trusts of the will

Recites that with the d. of William Jones who survived Samuel Jones the legal estate in the premises comprised in the first recited mortgage was vested in Sir Robert Long, Sir Michael Ernle and 3b. the surviving executors of William Jones for remainder of term of 500 yrs. and that by the d. of Mary Bayly and William Jones the freehold and inheritance of the premises in the 2nd recited mortgage was vested in Elizabeth Jones and 1. upon trusts

Recites Indenture of 25 June last in which Elizabeth Jones and 1. agreed that the £2,942.13.4d. Capital Bank Stock, the principal sums of £5000 and £1500 were the full residue of the personal estate of Mary Bayly and released Nathaniel Lord Delamer from all claims on the said estate except the above sums and all dividends and interest from the d. of Margaret Lady Delamer without issue and that 1. is entitled in remainder expectant on the d. of Nathaniel Lord Delamer and Margaret Lady Delamer to one moiety of the said freehold and leasehold estates late of Samuel Jones in the County of Oxford and also to the remainder expectant on the d. of Nathaniel Lord Delamer and Margaret lady Delamer without issue of said Lady Delamer to one moiety of the £3,094.3d. reduced Bank Annuities and £540 Old South Sea Annuities and under the will of Mary Bayly her aunt deced. expectant on the d. of Margaret Lady Delamer without issue to one moiety of the 2 principal sums of £5000 and £1500 due on the 2 mortgages and £2,942.13.4d. Capital Bank Stock

Recites a marriage intended between 1. and 2.

In consideration of the intended marriage and of 10/- paid by 3. to 1. 1. with the consent of 2. grants A. to 3. upon trusts. She also transfers B. to 3. and also 6. and D. to 3. - to hold the freehold estates to 3. their heirs and assigns for ever and to hold the leasehold estates, the said mortgages, reduced Bank Annuities, Old South Sea Annuities and Bank Stock and several sums and all other the rights and interests of 1. in the real and personal estates of Samuel Jones and Mary Bayly to 3. subject to the privisions in the 3 indentures of 4th June, 25th June and 25th June 1766

The £6,000 and the remainders and reversions of the freehold and leasehold estates to 3. upon trust for 1. until the marriage, then to pay 2. £2,000 (part of the £6,000) by even quarterly payments and as soon as the interest of 1. in the freehold and leasehold estates mortgages sums of money in public funds and other real and personal estates shall come into possession to sell the same and invest the proceeds and the £4,000 remainder of the £6,000 and pay the interest and the rents on the freehold and leasehold premises and the interest on the said mortgages to 2. and after his death to 1. for her life unless there be an eldest son or only son of the marriage of 1. and 2. who shall after the d. of 2 attain 18 yrs. during the joint lives of 1. and Sir Robert Burdett and in that case 3. to apply £200 p.a. to the use of such eldest or only son for the joint lives of 1. and Sir Robert Burdett and after the d. of 1. and 2. to apply the whole for the daus. of 1. and 2. and to the younger sons of 1. and 2. and if there be no daus. or younger sons then to such persons as 1. shall declare and in default to the executors or administrators of 1.

CONSIDERATION:

marriage of 1. and 2. pay 1. 10/0.

PLACES:

EYNSHAM

ENDORSEMENTS:

(c) Other endorsements: True copy examined with the original 2 June, 1781.

Held by
Oxfordshire History Centre
Language
English
Physical condition
Paper
Record URL
https://beta.nationalarchives.gov.uk/catalogue/id/7e552ea6-45a1-4fdb-8378-eaa0f225fa2a/

Series information

Blake/I

Deeds of Twelve Acre Farm, Tiffens & Rymes

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Within the series: Blake/I

Deeds of Twelve Acre Farm, Tiffens & Rymes

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Within the sub-series: Blake/I/v

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Marriage Settlement