| Content Description | First Party: Henry Pelham Archibald Douglas [Pelham-Clinton, 7th] Duke of Newcastle under Lyne.
Second Party: Lord Edward William Pelham-Clinton.
Third Party: Thomas Philip Barber, esquire, of Greasley, Nottinghamshire, Duncan Macdonald Forbes, doctor and physician of Eastwood, Nottinghamshire and Elizabeth Campbell, widow, of Brooklands Leamington, Warwickshire, all carrying on business as colliery proprietors under the firm of Barber, Walker and Company.
Conveyance from (a) and (2) to (3) of the manor and adwovson of Brinsley and all the messuages, tenements, farms lands and hereditaments in Brinsley which are known as the Brinsley Estate, together with all minerals; notes that the estate measures a total of 523a.1r.4p.; also conveyance of the tithes for the property; property to be held by (3) in copartnership; covenant from (2) to (3) that there is no reason why he may be prevented from releasing the property from the rent charges referred to at (a) below; covenant by (1) to keep (3) indemnified from all duties which may be payable on the death of (2); acknowledgement by (1) of (3)'s right to the production of deeds listed in an appended schedule.
Consideration: £40,000.
Recitals: (a) fact that (1) is seized of the property in question free from all encumbrances other than a rent charges of £400 and £200 payable to (2); (b) fact that (1) and (3) have agreed the sale of the property; (c) fact that (2) has agreed to release the property from the rent charges; (d) fact that (1) has agreed to enter into a covenant indemnifying (3) from death duties payable on the death of (2); (e) fact that (3) wish the property to be conveyed in the manner expressed; (f) fact that several deeds and documents listed in an appended schedule relate to the property in question as well as to other property.
Schedule 1: full details of the estate to be conveyed, including number of individual parcels on an associated plan [not present], name of the tenant, a brief description area of each parcel and acres, roods and perches and the present annual rental of each parcel.
Schedule 2: list of deeds to which (3) have rights of production.
Note that this is a draft deed and contains numerous amendments and alterations.
The bundle also contains various associated papers as follows:
Ne 6 D 2/11/43/2 is a copy of two grants of annuities from the 5th Duke of Newcastle under Lyne to the Vicar of Brinsley, dated 30 May and 24 Jul. 1862.
Ne 6 D 2/11/43/3 is a copy lease from the trustees of the will of the late 5th Duke of Newcastle under Lyne to Messrs. Barber, Walker and Company of two seams of coal called Lower Soft Coal and Lower Hard Coal under Brinsley, Nottinghamshire dated 23 Mar. 1872.
Ne 6 D 2/11/43/4 is a note relating to shaft rent for the lease and the working of the seams after term, no date.
Ne 6 D 2/11/43/5 is a note of repairs required to cottages held by Messrs. Barber, Walker and Company under lease, and of damage to the Duke of Newcastle under Lyne's farm buildings and cottages at Brinsley caused by the company's mining operatons, dated Feb. 1895.
Ne 6 D 2/11/38/6-11 are statements relating to the amount of coal worked and unworked and associated correspondence dateding between Jun. 1895 and Jul. 1896.
Ne 6 D 2/11/38/12 is a copy receipt from the Duke of Newcastle under Lyne for money due on coal unworked at the expiry of the lease, dated Sep. 1895.
Ne 6 D 2/11/38/13-17 is a set of notes relating to the Brinsley estate, including an estimated value, a statement of quantities of land held and rents paid by indivdual tenants, a set of particulars, a particular of leases and so on, dated 1896.
Ne 6 D 2/11/38/18-19 are a copy and a draft of a legal case relating to the lease from the Duke of Newcastle under Lyne to Messrs. Barber, Walker and Company of an estate at Brinsley, dated 1896.
Ne 6 D 2/11/38/20-21 are letters relating to Brinsley Colliery dated 9 Oct. 1896 and 20 Jan. 1897.
Ne 6 D 2/11/43/22 is a set of requisitions on the title of the estate at Brinsley, undated.
Ne 6 D 2/11/43/23 is a statement of monies owed to Messrs. Marshalls and Bate for legal work in relating to the lease to Messrs Barber, Walker and Company, dated c.1897.
Ne 6 D 2/11/43/24 is an agreement between the 7th Duke of Newcastle under Lyne and Messrs. Barber, Walker and Company for the sale of an estate at Brinsley, dated 3 Apr. 1897.
Ne 6 D 2/11/43/25 is a set of requisitions on title with replied endorsed, dated 14 May 1897.
Ne 6 D 2/11/43/26 is a draft particular of the Brinsley estate, undated.
Ne 6 D 2/11/43/27 is a set of calculations relating to the purchase money for the Brinsley estate, undated. |