Document ReferenceNe D 1994
TitleAttested copy of a lease and release of property in Nottinghamshire, being a settlement made prior to the marriage of James Fitzgerald, Lord Villiers and Jane Butler; 10 Jul. 1728
Date10 July 1728
Extent25 ff
Content DescriptionFirst Party: Mary Butler, widow and relict of Richard Butler, and Jane Butler, daughter of Richard and Mary.

Second Party: John, Earl of Grandison and James Fitz Gerald, Lord Villiers.

Third Party: Penistone Lamb, gentleman, of Lincoln's Inn, Middlesex and Robert Harper, gentleman, also of Lincoln's Inn.

In consideration of a marriage to be had between Jane Butler and Lord Villiers and to settle the property in question, and to extinguish a rent charge of £380 established in the settlement recited at (a) below, release from (1) to (3) of the manor of Thorpe, free liberty to fish the River Trent, the site of the manor house of Thorpe, numerous other messuages, farms and lands in Thorpe, a messuage and several tenements at [East] Stoke, the manor and advowson of Hawksworth, and various messuages and lands there, the chief rents payable to the lord of the manor of Hawksworth, the manor of Farndon and several cottages, farms and lands there, a farm in Barnby in the Willows, a farm at Blyth and Torworth, the Mermaid Inn in Blyth, a farm at Elston, a farm at Morton and Fiskerton and several closes of land and messuages in Southwell.

Also, release from (1) to (3) of a lease of the manor of Palace Hall in Norwell with the chief rents and various messuages and lands in Norwell, as well as Swynhay Woods; also release from (1) to (3) of a lease of several parcels of land in Southwell, the Crown Inn there, several cottages, Southwell Churchyard and arable land in Morton and Fiskerton; also, release of the Chantry House in Southwell; for each of the properties referred to provides details including names of closes, of land, acreages, names of tenants, annual rental value and so on.

Property to be held by (3) and Mary Butler in trust for sale; agreement that (3) will put out the monies raised by sale at interest in trust until Lord Villiers attains the age of 21 or dies; trust monies to be used to pay an annuity of £400 to Mary Butler, the residue of the interest to be paid to the Earl of Grandison; a sum of £20,000 to be paid to Earl Grandison in trust to pay the interest to Mary Butler for life, afterwards the interest to be paid to Jane Butler for life, afterwards to (3) in trust to discharge a mortgage of £13,400 in Ireland.

Agreement that if Lord Villiers should die before reaching 21, or if the settlement should not be perfected before the end of the year in which he does so, that then the money and interest will be held in trust for such persons as are appointed by Jane Butler; if Jane Butler should die without issue within four years of the marriage, then Mary Butler is to have an additional annuity of £200 per annum for life; includes covenant that (3) may be reimbursed for all costs and charges relating to the trusteeship; includes covenant to levy a fine of the property in question; declaration that the fine will inure to the use of (3) upon the trusts stated.

Recitals: (a) lease and release dated 18 and 19 Feb. 1700, being the marriage settlement of Richard Butler and Mary Darcy; (b) fact that a marriage is intended between Lord Villiers and Jane Butler and that it has been agreed to obtain an act of parliament for settling properties.

An additional assignment has been added to the settlement, dated 30 Jan. 1728; this records that Thomas Jervoise has assigned to Matthew Lamb the premises referred to in the settlement recited at (a) above for the residue of a term of 500 years, for the trusts set out above.
Termmarriage, settlements, Fitzgerald/Butler 1728
estate business, settlements, Nottinghamshire
manors, Thorpe (Nottinghamshire)
rights and privileges, fishing rights, River Trent (Nottinghamshire)
manors, Hawksworth (Nottinghamshire)
manors, Farndon (Nottinghamshire)
manors, Palace Hall (Nottinghamshire)
financial affairs, annuities
estate business, tenants, Nottinghamshire
estate business, rents, Nottinghamshire
estate business, leases, Southwell (Nottinghamshire)
public houses, 'Mermaid Inn', Blyth (Nottinghamshire)
public houses, 'Crown Inn', Southwell (Nottinghamshire)

Click the links below to view related name indexes

Click the links below to view related place indexes

CodePersonNameDates of existence
NA46974FitzGerald; John (1684-1766); 1st Earl Grandison; cr. 17211684-1766
NA46975FitzGerald; James (-1732); Lord Villiers; son of 1st Earl Grandison-1732
NA46976Cary; Jane (-1751); Viscountess Falkland; née Butler; dau. of Richard and Mary Butler; m 1stly James FitzGerald Lord Villiers 1728; 2ndly Charles Cary 7th Viscount Falkland 1734-1751
NA46977Butler; Mary (fl 1728); Mrs; wife of Richard Butler of Londonfl 1728
NA46978Lamb; Penistone (fl 1728-1729); -; gentleman; of Lincoln's Inn Londonfl 1728-1729
NA46979Harper; Robert (fl 1728-1729); -; gentleman; of Lincoln's Inn Londonfl 1728-1729
PL16890/East Stoke/Nottinghamshire/England
PL21914/Barnby in the Willows/Nottinghamshire/England
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