| Content Description | First Party: Henry Charles Frederick Pelham Clinton, John Stuart Bordewich, John Julian Glover, and William Humble, as the trustees of the will of the 7th Duke of Newcastle under Lyne.
Second Party: The National Coal Board.
Third Party: Walter Turner and Millicent Adelaide Turner his wife, both of Tuxford, Nottinghamshire.
Release and surrender from (1) and (2) to (3) of the mines and minerals to a depth of 300 feet under the property specified in the third schedule; the rlease and surrender is subject to the provisions of the Coal Industry Acts 1946 and 1951.
Consideration: £7 and 10 shillings payable to (1), and £22 and 10 shillings payable to (2).
Schedule 1: Details concerning the mining lease from the 7th Duke of Newcastle under Lyne to the Wigan Coal and Iron Company 30 Oct. 1896 [see recitals below], namely all minerals lying beneath the surface of land listed in the third schedule, including the power to work the minerals, and certain surface rights.
Schedule 2: List of reservations to the 7th Duke as specified in the sale of the surface of the land listed in the third schedule to Annie E. Daft on 5 Dec. 1919 [see entry for Ne 6 D 2/42/331], namely all mines and minerals and the power to work the minerals.
Schedule 3: Description and schedule of the property in question, namely 3 parcels of land measuring 2.241 acres in total, containing a dwelling house known as 'Pear Tree Farm' [shown on the attached plan].
Recitals: (a) fact that mines and minerals under the property in question were demised by a mining lease with the Wigan Coal and Iron Company, dated 30 Oct. 1896; (b) fact that the surface of the land was sold by the 7th Duke of Newcastle under Lyne to Annie E. Daft, 5 Dec. 1919; (c) fact that the 7th Duke died 30 May 1928 and appointed certain individuals as trustees of his will [or personal representatives, names provided]; (d) fact that all mines and minerals under the property became vested in the Coal Commission under the Coal Act 1938; (e) fact that all the mines and minerals down to a depth of 300 feet were conveyed by the Coal Commission to the trustees of the will of the 7th Duke, 22 Feb. 1944; (f) fact that the mines and minerals below a depth of 300 feet were vested in (2) by the Coal Industry Nationalisation Act 1946; (g) fact that the surviving personal representative of the 7th Duke conveyed the mines and minerals under the land to the London and Fort George Land Company Ltd, 9 Apr. 1948; (h) fact that the mines and minerals were conveyed back to the trustees of will of the 7th Duke to be sold and the proceeds to be held in trust; (i) fact that (1) are currently the trustees of the will of the 7th Duke; (j) fact that (1) have not sold the property yet; (k) fact that the [surface] property was conveyed from Ernest Needham and Doris Ada Needham to (3), 11 Jan. 1955; (l) fact that (1) and (2) have agreed to release and surrender the mines and minerals down to a depth of 300 feet under the property in question, including all surface rights.
Includes a plan with the property in question situated either side of Newcastle Street in Tuxford; property is edged red; contains 4 witness signatures. |