Document ReferencePl F3/3/19
TitleSettlement of the estates of the Earl and Countess of Oxford and Mortimer; 10 Feb. 1726/27
Date10 February 1727
Extent10 membranes
Content DescriptionFirst Party: Edward, Earl of Oxford and Earl Mortimer; and Lady Henrietta Cavendish Holles, Countess of Oxford and Countess Mortimer (his wife).

Second Party: Thomas, Lord Trevor, Lord Privy Seal; John, Earl Paulett; and William, Viscount Cheyne.

Settlement of the estates pursuant to the articles of agreement Pl F3/2/1-2.

Middlesex: the manor of Marybone alias Merybourne alias Marylebone alias Tyborne, and the rectory and tithes of Marylebone, and all lands and estates of (1) there.

Cambridgeshire: the manors of Wimple and Arrington, the capital messuage of Wimple, and all lands and estates of (1), late the estate of John, late Duke of Newcastle in Arrington and elsewhere in Cambridgeshire.

Nottinghamshire: the manors of Welbeck and Mansfield, and the capital messuage called Welbeck House and Welbeck Park, and all lands and estates of (1) in Nottinghamshire.

Derbyshire: the manors of Chesterfield, Barlow and Bolsover, and all lands and estates of (1) in Derbyshire.

Lincolnshire: the farm of Wellingar, and all other lands and estates of (1) in Lincolnshire.

Northumberland: the honors, baronies, castles, manors etc. of Ogle, Bothall and Hepple, and all the lands and estates of (1) in Northumberland.

Covenant to levy fines of the various estates and declaration of trusts in respect of fines already levied.

Confirming the term of 120 years to the Earl under the conveyance of 9-10 June 1719 and related fine of estates in Marylebone, and subject thereto all the Marylebone premises, including the manor and rectory which were excluded from that term, and the mansion and park of Welbeck, and all property in Middlesex and Cambridgeshire: to the use of (2) for a term of 600 years upon trust to raise and secure - at the appointment of (1) - the sums listed in the schedule described below paying the surplus rents to the person entitled to the freehold of the estates expectant upon the determination of the term of 600 years.

Confirming the term of 1000 years vested in Viscount Cheyne, Peter Walter and John Morley by the conveyance of 19-20 July 1726 in respect of the Derbyshire and Nottinghamshire estates, excluding the house and park at Welbeck, but upon the additional trust to raise £500 as an annuity/rentcharge payable to Morley for life in lieu of an annuity of a similar amount granted in a deed of 19 Feb. 1719/20.

Subject to the foregoing terms of years, the Welbeck, Cambridgeshire and Middlesex, and Nottinghamshire and Derbyshire estates, plus the Lincolnshire estates immediately from the levying of the fine thereupon:

To the use of the Earl for life, thence to the use of the Countess for life, thence to their eldest son and the heirs male of his body, thence to their other sons successively and the heirs male of their bodies, in default of which to the use of such persons as the Countess shall appoint by her will or otherwise, in default of which to the use of the Countess, her heirs and assigns.

The Northumberland estates to be upon trust that (2) shall raise such sums on them as the Countess shall appoint for her own use, for the portion of her daughter Margaret [later Duchess of Portland] and for portions of any other daughters, paying all the remaining rents of the Northumberland estates to the Countess for her separate use, as specified, and to settle the Northumberland estates as the Countess shall appoint, in default of such appointment to the use of the Countess, her heirs and assigns.

Usual provisions for protecting contingent remainders. Leasing powers, powers for revoking uses in connection with sales, and appointment of premises purchased in lieu to the same uses, etc.

Assignment by (1) to (2) of all their leasehold property of John, late Duke of Newcastle upon trusts specified.

Recites the act of Parliament (Pl F3/2/17) and the 1726 trust deed (Pl F3/3/16-18).

Schedule: £16000 mortgage on the Cambridgeshire estate; £7474, part of the Countess's portion, to be paid to her by the trustees of the 1719 act from the Nottinghamshire & Derbyshire estates; and from the 1000 year trust of the Nottinghamshire and Derbyshire estates confirmed above: £20000 secured by the bond given to Henry Hoare, £16000 by mortgage to the Duchess of Montagu, £2400 to Sir Thomas Robinson on mortgage, £3000 to Mr Moore on mortgage of Marylebone, £6386 to the executors of the Duke of Marlborough, £2800 to the Duke of Newcastle under the 1719 act, £1600 to Mrs Franklyn on bond, £2000 as specified, and £7000 for the purchase of an estate in Newark. Plus annuities charged on the trust estate of £500 to John Morley, £50 to Mrs Franklyn, £300 to Cornelius Farr, £100 to Mrs Cox and £165 to Mr Harbin (for two lives).
Conditionunfit for production

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CodePersonNameDates of existence
NA18659Trevor; Thomas (c.1658-1730); 1st Baron Trevor; Lord Privy Seal 1726-1730 President of the Council 1730c.1658-1730
NA28969Walter; Peter (c.1663-1746); Mr; M.P.; moneylender and agent for nobilityc.1663-1746
NA1047Harley; Edward (1689-1741); 2nd Earl of Oxford and Mortimer; styled Lord Harley 1711-17241689-1741
NA1048Harley; Henrietta Cavendish (1694-1755); Countess of Oxford and Mortimer; née Lady Henrietta Cavendish Holles wife of the 2nd Earl of Oxford1694-1755
NA30173Cheyne; William (1657-1728); 2nd Viscount Newhaven; succ. 1698; also 2nd Lord Cheyne1657-1728
NA15010Poulett; John (c.1668-1743); 1st Earl Poulett; cr. 1706c.1668-1743
NA38838Morley; John (1656-1732); Mr; of Halstead; land jobber; adviser to 2nd Earl of Oxford1656-1732
NA1079Bentinck; Margaret Cavendish (1715-1785); Duchess of Portland; née Cavendish-Harley; dau. of 2nd Earl of Oxford; m 2nd Duke of Portland 17341715-1785
NA488Holles; John (1662-1711); 3rd Duke of Newcastle upon Tyne; cr. Duke of Newcastle upon Tyne 1694, 1st Duke of second creation; also 4th Earl of Clare1662-1711
NA69415Cox; Elizabeth (fl 1722-1727); Mrs; of St Martin in the Fieldsfl 1722-1727
NA38750Farr; Cornelius (fl 1700-1727); Mr; steward to Duke and Duchess of Newcastle and 2nd Earl of Oxford; of Chesterfieldfl 1700-1727
NA487Holles; Thomas Pelham- (1693-1768); 1st Duke of Newcastle under Lyne; also 4th Duke of Newcastle upon Tyne; cr. 17561693-1768
NA38848Montagu; Elizabeth (1654-1734); Duchess of Montagu; née Cavendish eldest dau. of 2nd Duke of Newcastle; wife of Christopher 2nd Duke of Albemarle; 2nd wife of Ralph 1st Duke of Montagu; 'the mad duchess'1654-1734
NA18706Churchill; Sarah (1660-1744); Duchess of Marlborough; née Jennings; dau of Richard Jennings of Sandridge; m John Churchill 1st Duke of Marlborough 16781660-1744
NA69412Bedwell; Thomas (fl 1730); Mr; of St Clement Danesfl 1730
NA69413Clayton; William (fl 1722-1730); Mr; executor of 1st Duke of Marlboroughfl 1722-1730
NA69414Hanbury; John (fl 1722-1730); Mr; executor of 1st Duke of Marlboroughfl 1722-1730
NA69406Hoare; Henry (1677-1725); Mr; banker1677-1725
NA12252Godolphin; Francis (1678-1766); 2nd Earl of Godolphin1678-1766
NA69408Robinson; Thomas (1681-1743); 3rd Baronet1681-1743
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