Marriage settlement

1. Thomas Campbell Eyton of Eyton esq.

2. Thomas Eyton of Eyton, his father.

3. Elizabeth Francis Slaney of Walford manor spinster.

4. (Robert Burton and John Eyton deleted) Thomas Bayley of the Black Birches and Charles Montgomery Campbell of Bennington Park co Herts esq.

5. (Francis Nevitt Leighton deleted) Robert Burton the younger of Shelton esq and John Oliver Hopkins of Fitz clerk

6. John Eyton of Sidmouth Street, St. Pancras, co Mid esq and William Henry Slaney of Grays Inn Square, gentleman (several marginal notes by both parties as to the choice and duties of these trustees). Draft settlement. Recital as to marriage and 1808 settlement. It has been agreed that the estate tail in remainder of T.C. Eyton in the hereditments should be destroyed in order that they might be settled for the benefit of himself and E.F. Slaney and issue of the marriage Thomas Eyton agreed to this on condition his younger sons Charles James Eyton and William Archibald Eyton were safe-guarded. Recital of indenture of the day before this (665/479) Appointment by Thomas Campbell Eyton (according to the powe given in this deed) that the property afterwards described shall remain to the uses hereinafter expressed Consideration; 5s each to T. Eyton and T.C. Eyton by Bayley and Campbell (marginal note by T. Eyton on this) Release of the manors of Eyton and Bratton, the capital messuage and other property as in 665/479), to hold in trust until the marriage to present uses, after in trust that T.C. Eyton may receive yearly during the joint lives of himself and his father £600 rent charge out of the property free from taxes, to be paid (half yearly deleted) quarterly at the Common Dining Hall of Lincolns Inn; and that E.F. Slaney if she survive T.C. Eyton shall receive for her life an annuity of £400 free from taxes to be paid as above, with provisions in case of non payment of both annuities. Subject to this, Burton and Hopkins are to hold the property for a term of 500 years from the marriage in trust, after the expiration of this term and in the meantime subject to the trusts of it, to use of Thomas Eyton for life, after his death or after the determination of that estate in his lifetime, to use of Bayley and Campbell during his life to support etc, after Thomas Eyton's death to use of Thomas Campbell Eyton for life, after determination of that estate in his lifetime to use of Bayley and Campbell to preserve etc, after the death of T.C. Eyton to use of John Eyton and W.H. Slaney for term of 600 years from day of his death on trust, and subject to this to use of the 1st and other sons in succession and heirs of his body, in default to use of sons of T.C. Eyton ny any future wife or wives in succession, in default to use of daughter of T.C. Eyton by E.F. Slaney successively and their heirs, in default to use of daughters of T.C. Eyton by any future wife and heirs of body, in default to use of Charles James Eyton 2nd son of Thomas Eyton for life, Bayley and Campbell during his life to preserve etc, after his death to use of his sons successively and heirs of the body or daughters and heirs of the body, in default to use of William Archibald Eyton 3rd son, for life, trustees to preserve etc, sons in successions and heirs, daughters in succession and heirs, in default to use of Thomas Campbell Eyton his heirs as assigns for ever. The term of 500 years is limited in trust to allow T. Eyton or the person for the time being entitled to possession to take the profits of the estates until default is made in payment of the £600 and £400, and to raise money when the payment of the annuities is in arrears 30 days, paying any surplus to T. Eyton or the person entitled. When payment of these annuities ceases, the term becomes void. The term of 600 years is in case there shall be younger children of the marriage who live to be 21 or in the case of a daughter 21 or marriage, in trust after the death of the survivor of T. Eyton and T.C. Eyton (subject to the payment of the £400) to raise £5000 for the younger children in such shares as T.C. Eyton and E.F. Slaney in writing may direct or as the survivor may direct, in default of such direction, equally, with provision in case of a son or daughter dying under age. If T. Eyton, T.C. Eyton and E.F. Slaney die leaving children under age, the trustees may use the interest for maintenance and education, and add any surplus to the principal. After the death of T. Eyton and during the lives of T.C. Eyton or his wife, the trustees may with their consent apply any part not exceeding half the presumptive share of any younger son towards his advancement in the world. If in his lifetime T.C. Eyton advance any money for preferring any child presumptively entitled to a portion for placing a son in any profession business or employment or being a daughter in marriage, such sums shall be considered as in full of or as part of the portion due. The term of 600 years is also in trust in case there shall be no male issue of the marriage who shall attain 21 and if there is a daughter or daughters and E.F.Slaney shall die in her husband's lifetime and he afterwards marry again and have a son or sons by a future wife. In this case (without prejudice to the trusts for the term already expressed) Eyton and Slaney shall raise the full £500 for portions for such daughters. When all the trusts of the 600 years are fullfilled, it shall become void. Power is reserved for T.C. Eyton to make a settlement on any 2nd wife (Note by T. Eyton that the same power is reserved to himself by his settlement and he does not chose to relinquish it, though it may never be used) Additional clause to give effect to this note, with more marginal comments. T.C. Eyton may also limit portions for children of a second marriage but not exceeding in the whole £4000. Charles James Eyton and William Archibald Eyton either before or when by virtue of the limitations hereinbefore contained he shall be in the actual possession of or entitled to the profits of the estates, by deed or will may appoint in trust for any woman they may marry for her life or lives as jointure any annual sum not exceeding in the whole £400 and may secure this in the usual way, but this appointment is not to take effect until the person appointing is in actual possession or if he die previously then not until he would have become entitled if still living. Similarly provision may be made for children, not exceeding £400. T. Eyton and T. C. Eyton in turn to have power to make leases for 21 years (a paragraph about property in Wellington deleted with T. Eyton's note that the clause must be struck out) Proviso allowing T. Eyton during his life and after T.C. Eyton to make leases of mines and minerals found or to be found on the property for terms of up to 30 years, with necessary arrangements for working, the demises to be made at the best rent obtainable and without taking any fine or premium or foregift. Power to sell or exchange parts of the property and to transfer the trusts to other properties, any money raised by sale to be promtly reinvested and settled. Arrangements for changing the trustees if any die or wish to be discharged or refuse to act or become incapable. Covenant as to title and that the estates are not incumbered, and for further assurance. On the back sheet are the list of signatures to the deed. Witnesses: Wm Witton, butler to Robert A. Slaney of Walford Manor esq, Francis Plimley, footman to Thomas Eyton, William Hopkins of Fitz clerk, David Hughes footman to R.A. Slaney.