| Content Description | First Party: Edward, Earl of Oxford and Earl Mortimer; and Henrietta Cavendish Holles, Countess of Oxford and Countess Mortimer (his wife).
Second Party: John, Earl Poulett, KG.
Third Party: Peter Walter of the parish of St Margaret, Westminster, Esq.
Fourth Party: Viscount Morpeth; John Verney, Esq., Chief Justice of Chester; Robert Harley of Lincoln's Inn, Middlesex, Esq.; and James West of the Middle Temple, London, Esq. (trustees appointed by (1)).
Revocation of the uses of the 1726 trust deed (Pl F3/3/16) in respect of estates in the counties of Middlesex, Cambridgeshire, Nottinghamshire, Derbyshire and Lincolnshire and declaration of uses by (1) in favour of (4); assignment of leaseholds; lease and release by (2), at the appointment of (1), to (4) of the Honors, baronies, castles, etc. of Ogle, Bothall and Hepple, and all lands and estates of (1) in Northumberland.
Lease and release by the Earl of Oxford to (4) of the Honor of Wigmore; the manors of Bramton alias Bramton Bryan, Burrington and [R]yton; the castle, capital messuage and park of Bramton Bryan; the advowsons of Bramton, Presteigne, Lentwardine and Lingen; and all the Earl's lands and estates in Bramton etc., Wigmore, Burrington, Lentwardine, Pedwardine, Adforton, Coxall, Newton, Walton, Bucknell and Lingen, in the several counties of Herefordshire, Shropshire and Radnorshire, upon trust.
Lease and release by the Earl of Oxford to (4) of the manors of Whaddon and Kingston, Cambridgeshire, a mansion house at Whaddon and his other lands and estates there; and a 36th part of the King's Moiety of the New River Waterworks, upon trust.
Lease and release by the Earl of Oxford to (4) of the capital messuage of Downhall, Essex and lands etc. there to the use of the Earl for life, thence to the Countess for life, thence to the Earl, his heirs and assigns.
Assignment by the Earl of Oxford to (4) of his 120 year term in the estate of Marybone alias Marybourne alias St Marylebone alias Tybourne (see Pl F3/3/4 of 1719 etc.) and all his other leaseholds and rents in the counties of Cambridgeshire, Middlesex, Derbyshire, Nottinghamshire, Lincolnshire, Northumberland, Herefordshire, Shropshire and Radnorshire, and money received under the contract for timber sales at Welbeck.
Assignment by (3) to (4) of all lands and estates in Derbyshire and Nottinghamshire vested in him by the 1726 trust deed (Pl F3/3/16) and the 1727 settlement (Pl F3/3/19) for the residue of the term of 1000 years that the term merge in the freehold.
Middlesex, Dover Street: to allow (1) and the longest lived of them to occupy the house for life, thence to convey and assure it to such persons and such uses as the Countess shall appoint, and failing such appointment to convey it to the Countess, her heirs and assigns.
Middlesex (other than Dover Street), Cambridgeshire and the share in the New River Waterworks: upon trust for sale, proceeds to be deposited with Sir Francis Child and Company, or the Bank of England, etc.
Herefordshire, Shropshire and Radnorshire: upon trust for sale or mortgage as specified and upon further trust for the Earl of Oxford, his heirs and assigns.
Rents and profits etc.: from all estates and the New River holding, and from all property in trust for sale until it is sold, and from the Northumberland property until the Countess exercises her power of appointment over it, (with reservations in respect of the deer at Welbeck and Bramton Bryan) to be received by (4).
Upon trust to pay £1000 p.a. to the Countess, £1000 p.a. to the Earl during the joint lives of him and his wife, and £3000 p.a. to the Countess for household and housekeeping expenses. Thence to pay £100 p.a. to the Hon. John Hay for his education and maintenance until directed otherwise. Paying all other income (that from Northumberland only until the Countess exercises her power of appointment) towards liquidating the debts specified on the annexed schedule (subject to a power to the Countess to appoint additional sums for her use to cover contingencies but not so as to add to the debt burden), and should all debts be liquidated within the joint lives of the Earl and Countess, then to pay £3000 p.a. to the Countess for household and housekeeping expenses and the rest of the rental etc. income to the Earl and Countess in moieties.
Books and manuscripts etc: to allow the Earl to enjoy them for life, giving a power of appointment to the Countess (and for want of such appointment power to the trustees) to sell them after his decease should the scheduled debts not have been paid off. Should there be no need for such a sale or should a sale of only part of the books and manuscripts be necessary, then (4) shall transfer them to such persons as the Earl shall appoint (and in default of appointment to the Earl's executors).
Should the Earl survive the Countess and all debts be cleared the trustees will permit him to receive the rents etc. of all estates except those in Northumberland for life, subject to the payment of annuities, and allowing powers to the Earl to direct the felling of timber on the Nottinghamshire estate as specified (ornamental trees excepted, etc.). Should debts remain then the rents are to be used to liquidate them and the trustees will pay over the surplus to the Earl.
If the Countess survive the Earl and all debts have been cleared then she is to receive the rents etc. of properties in all counties, but otherwise the trustees will use the rents to liquidate the debts, paying over the surplus to the Countess.
Should everything on trust for sale be sold and prove insufficient to liquidate the scheduled debts, the remainder may be charged on the estates in Nottinghamshire, Derbyshire and Lincolnshire.
After the death of the Earl and upon full performance of the trusts (4) are to settle the property remaining unsold in Herefordshire, Shropshire and Radnorshire and the share in the New River Waterworks (if unsold) to such uses as the Earl shall appoint, in default of which to the use of the Earl and his heirs for ever; and the (unsold) estates in Middlesex and Cambridgeshire and the estates in Nottinghamshire, Derbyshire and Lincolnshire to such uses as the Countess shall appoint, in default of which to the use of the Countess and her heirs for ever.
Discretion to the trustees to burden particular estates more heavily (pro rata to value) than others - Herefordshire etc. as one group, Cambridgeshire, Middlesex and Welbeck timber as another - and other powers connected with settling those estates and the debt burden on them.
Northumberland estate: upon trust that (4) will pay the interest on the £20000 due to the Duke of Portland (his wife's portion) out of the rents, apply the residue as directed above until the Countess exercise her power of appointment. Power to the countess to raise mortgages etc. (4) will settle the estate, subject to the trusts connected with the £20000 and any other charges and appointments, to such uses and upon such persons as the Countess shall appoint, in default of which settling it to the use of the Countess, her heirs and assigns.
Recites the act of Parliament of 1719 (Pl F3/2/17), the 1726 trust deed (Pl F3/3/16) and the 1727 settlement (Pl F3/3/19), matters concerning the Harleian Library, contract for sale of timber at Welbeck, etc., etc.
Schedule of the debts of the Earl of Oxford and Mortimer and of annuities.
Endorsed, 25 Sept. 1738:
Deed poll release by Henry, now Earl of Carlisle [styled Viscount Morpeth in the principal deed] of the trusts to his co-trustees prior to his going abroad. |