| Content Description | First Party: Edward [Howard, 9th] Duke of Norfolk.
Second Party: Charles Howard the younger, esquire of Greystock, Cumberland [later 11th Duke of Norfolk], son and heir apparent of Charles Howard the elder.
Third Party: Henry Howard, esquire of Sheffield, Yorkshire.
Fourth Party: John Buckle, gentleman of Castle Yard, London.
Fifth Party: Richard Heron, esquire of Lincoln's Inn, Middlesex.
Sixth Party: Richard [Lumley-Saunderson, 4th] Earl of Scarbrough and William [Wentworth, 2nd] Earl of Strafford.
By virtue of an indenture of release bearing even date, and the several recoveries intended to be suffered, release from (1) and (2) to (4) by virtue of a bargain and sale of the following property:
In Nottinghamshire: the manor of Worksop with all rights and appurtenances; the site of the dissolved priory of Worksop; Worksop manor house, together with all buildings, orchards, gardens and lands belonging to the manor; the 'Open Park' in Worksop; rectories of Worksop and Harworth; with all other property of (1)'s brother, the late 8th Duke of Norfolk, in Worksop and surrounding area.
In Norfolk: the honour of Forncett, and its several manors; various specified hundreds and half hundreds; Lopham park; the fairs of Harleston, Kenminghall and Banham; any other property of (1)'s brother in Norfolk; also several messuages lying in the city of Norwich with gardens and appurtenances, 5 of which are in the tenure of the Poor Law Guardians of Norwich, and the other with (1).
In Suffolk: the manors of Bungay, Soke Bungay, Priory Bungay, Burgh and North Hales in Wrentham, and all other property of (1)'s brother in the county; corn and hay tithes of Ilketshall St John and St Margaret.
In Gloucestershire: the honour of Gloucester; the hundred, castle and manor of Thornbury; manor of Oldbury upon Severn; the manor of Mace of Falfield; a warren called Millborough Heath; the manor of Oldland; any other property of the late 8th Duke of Norfolk in the county [places specified].
In Middlesex: a capital messuage called St Alban House in the parish of St James's, Westminster, together with all manner of buildings and land use on the site of the said capital messuage; several messuages in the parish of St Clement Danes [boundary and tenant details provided]; any other freehold property not settled by an act of parliament, held in trust for the 8th Duke of Norfolk.
Property to be conveyed to (4) who will become a tenant of the freehold, granted via 6 common recoveries; fact that it will be lawful for (5) to sue for several writs of entry for the property described above; declaration that several common recoveries with treble voucher is to be brought to the use of (3); and that (5) will be the demandant and be seised of the property stated in the recoveries; property is to the use of (1) for life in tail male, in default of issue of (1) to the use of (2)'s father for life and afterwards to (2) in tail male; in default of issue to (3) under the same conditions; in default of any issue as directed, to the use of Henry [Howard, 12th] Earl of Suffolk in tail male; in each case if the estate is forfeited, to the use of (6) in trust to preserve the contingent remainder.
Includes proviso that if (1)'s wife should die within his lifetime, can appoint an annual dower, payable from the property above, for a future wife; further proviso that any subsequent holders of the property should be respectful and only claim any rents and profits if entitled to do so; also makes provisions for any daughters and younger sons.
Recitals: (a) succession details as to the title Duke of Norfolk, as set out in the will of Thomas [Howard, 8th] Duke of Norfolk, and brother of (1); (b) fact that the manor of Worksop and other property in Nottinghamshire, Norfolk, Suffolk, Gloucestershire, Middlesex and Norwich is to be conveyed; (c) (1) is subject to certain limitations as set out in a marriage settlement dated 12 May 1709; (c) desirable that all conveyances will be lawful, but certain powers to be reserved of (1) in tail; (d) fact that most of the property, excepting Gloucestershire, have been the estates of his ancestors, and that the future of the title should be secured for (2)'s father in tail male; (e) if not successful in tail male to the successors of (3) in strict settlement; (f) failing all that, to Henry, Earl of Suffolk and Berkshire; (g) fact that on the execution of the settlement, (1) will convey the manor of Sheffield, and agreed by (2) by lease and release bearing even date by virtue of 2 or more common recoveries; (h) fact that the castle and manor of Sheffield, and the castles and manors of Bramber and Lewes, Sussex are to be settled to various stated uses.
Endorsed as being examined with the original and that it is a true copy, dated 14 Jun. 1839. |