Lease and copy release - pre-nuptial settlement

1. Edw. Smalman of Ludlow, gent.

2. Catherine Cressett of Betton, spinster

3. Edw. Cressett of Upton Cressett, esq., brother of 2. Row. Baugh of Aldon Court, esq.

4. Jonathan Scott of Betton, gent.

Thos Jones of the Sheet, gent.

Consideration: marriage of 1. and 2. shortly to take place, and £500 from Edw. Cressett.

1. settles:-

The messuage or burgage and the backside and garden belonging in which 1. lives in Ludlow on the S. side of Castle Street between the dwelling house of Fras Lloyd, esq. on the E. side and the dwelling house of Ellinor Hanford, widow, on the W. side of it. The messuage and garden belonging in the occ. of Jn Kennett, gent. and Mathias Whittle, clerk, on the E. side of the sd street, and the messuage and garden at the E. end thereof now in the possn of Joane Clee, widow.

The messuage or burgage in which Edw. Pritchard, corvisor, now lives, and the backside, orchard, garden & dovehouse belonging, in Ludlow, on the E. side of Corve Street, called the Talbott, with a messuage of Rd Nash on the N. side and a messuage of Thos Wellings on the S. side.

2 messuages, barn, orchard, garden and meadow in the occ. of Edw. Smalman, Alice Wilcox and - Pugh, in Ludlow, on the E. side of Mill Street below the gate.

A messuage and garden in Ludlow in Dynham in occ. of Dan Booth. A messuage and garden in the liberties of the Town of Ludlow in the occ. of Wm Buxton, being part of the late dissolved hospital of St John's.

Chief rents due to 1. from the following messuages and lands:- 20s a year from a messuage, part of the dissolved hospital of St John's, in occ. of Wm Lockard; 18s and a couple of fat capons or 2s in lieu at the choice of Edw. Smalman, yearly from a messuage in Mill St in the occ. of Edw. Rider next adjoining the messuage above in the occ. of Jn Kennett; 5s a year from a parcel of land of the sd late dissolved hospital in occ. of Hen Mathewes; 9s 4d a year from a tenement and garden in Ludlow on the W. side of Broad Street below the gate in occ. of Arthur Ecclesey; 27s 10d a year from 2 houses and gardens in occ. of Mrs Eliz. Tyler adjoining to the sd tenement in possn of Arthur Ecclesey on the S. side of it; 11s 8d a year from a messuage and garden in occ. of Wm Mason adjoining the messuage in the possn of Eliz. Tyler on S. side of it; 17s a year from a meese place and garden in Ludlow on the E. side of Corve St in occ. of Jn Bingley.

A messuage called the Fryth in the p. of Little Hereford in occ. of Thos Wigley.

A messuage in Dolley and Presteigne, Radnor, in occ. of Wm Phillips and Stephen Willott.

1. 's share in the parsonage or rectory of Stanton Lacy and the tithes of corn, grain, hay, obventions, oblations, pensions and portions of tithes, etc. payable to him in that parish as fully as 1. and Nicholas Fothergill now or at any time held the same.

To hold to 3. and the survivor of them and his heirs to uses:- To the use of 1. and his heirs until the marriage, then to 1. for life, then to Edw. C. to preserve the contingent remainders then to 2. for life for her jointure in lieu of dower, to the use of 4. for 100 years on trust, then to the use of the first son of 1. & 2. and his corporeal heirs, remainder to other sons and their corporeal heirs, remainder to daus and their corporeal heirs, remainder to the right heirs of 1. forever.

The term of 100 years is created so that if the couple both die leaving children not married or otherwise provided for, 4. may raise for the younger children sums not over £600 by lease or mortgage as 1. or 2. by deed or will direct, or in default, the trustees to levy £600 out of the profits and pay it amongst the younger children.

1. covenants to warrant the premises against himself and claimants under him, to 3.; that he has full power to convey the same, which are to be to the uses and under the trusts, of the yearly value of £100, discharged from all former grants, etc. Covenants for further assurances within 7 years.

Signed: E. Smalman, Catherine Cressett, Edwd Cressett, Jonathan Scott.

Witnesses: Rob Whittingham, Tho: Smith, Tho: Phillips

Memo 17 January 1729/30: Receipt from Rd Ryder of Cantlop, gent. by order of Mrs Barbara Cressett, the indenture of release by way of marriage settlement of 10 October 1700 between Edw. Smalman (1) Catherine Cressett (2) Edw. Cressett, bro. of (2), Row. Baugh (3) Jon. Scott and Thos Jones (4) of which the above is a true copy.

Witnesses: Ben Karver, Master Extraordinary in Chancery, Thos Gallaway, clerk to Mr Karver, Wm Ro: Adair, Catherine Adair