| Content Description | First Party: Thomas Holles [1st] Duke of Newcastle [under Lyne]; and William Vane, [2nd] Viscount Vane.
Second Party: George Mason, esquire of Eaton, Nottinghamshire.
Third Party: John Gladwin, gentleman of Mansfield, Nottinghamshire.
Fourth Party: Henry, Earl of Lincoln [later 2nd Duke of Newcastle under Lyne].
In pursuance of an agreement and to bar entail, (1) covenants with (2) to surrender a capital messuage known as Clumber in the manor of Mansfield [Nottinghamshire] and also all other copyhold messuages and lands, which were surrendered on 26 Oct. 1694 [see Ne 6 D 2/13/53/11] in trust for John [Holles, 3rd] Duke of Newcastle [upon Tyne]; and also of the following property: a capital messuage in Mansfield Woodhouse with all appurtenances; 3 cottages in Mansfield Woodhouse; several named closes in Mansfield Woodhouse, together with the Watch House and the Great Barn; several named closes in Mansfield; and all other lands and tenements surrendered at a court held on 23 Dec. 1700 by named individuals.
Also of a small house and croft in Mansfield Woodhouse called 'Grinders House and Croft' with appurtenances; several closes and parcels of lands in Mansfield Woodhouse [field names provided]; several parcels of lands in Mansfield; note that some of the property surrendered at courts was held in trust by named trustees for John, Duke of Newcastle.
Agreed that (2) will take admission to the property specified above for his use according to the custom of the manor, to become perfect tenant, in order to suffer one or more common recoveries; declaration that (3) at the costs of Viscount Vane and (4) will sue forth one or more writs of right close on the property against (2) and vouch over to warranty the common vouchee; includes covenant that (4) on the immediate suffering of a common recovery will pay to Viscount Vane the full sum of £8500..
Consideration: £8500..
Recitals: (a) fact that the Duke of Newcastle is tenant for life and that Viscount Vane is expectant on the death of the Duke without male issue to be tenant in tail of several copyhold messuages and lands within the manor of Mansfield; and that (1) have agreed to join together to suffer a common recovery of the property for the barring of estate tail; and that (4) has agreed to the absolute purchase of the property for the sum of £8500.
Endorsed with a memorandum dated 29 Nov. 1764; agreed before the execution of the deed that if a common recovery is to be suffered and Thomas, Duke of Newcastle should die with male issue, it will enure to the use of his first son in tail male with remainder to (4).
Further endorsement dated 29 Nov. 1764; in pursuance of the agreement, a recovery on a writ of right close has been duly suffered in the Court of the Manor of Mansfield. |