| Content Description | Ne 6 D 2/47/162/1:
Recites fact that he has entered into various written and verbal contracts for the purchase and exchange of various lands and property; bequeaths several hereditaments and premises which he has contracted to purchase, exchange and sell, and all other freehold, copyhold and leasehold manors, messuages, farms, lands and so in Yorkshire, Nottinghamshire, Surrey, Sussex, Suffolk, Norfolk, Gloucestershire, Herefordshire, Middlesex and Buckinghamshire apart from the following: freehold, customary and leasehold property in Cumberland and Westmorland; and also the burgage tenements in the Borough of Horsham, Sussex.
Directs that all the net residue of the net monies of the sales of the property be above, be considered part of his residuary personal estate; on the completion of the purchases of exchanges, the property will be conveyed to Henry Howard on trust; directs that if his successor to the title, Duke of Norfolk, shall within 12 months of his decease wish to buy any of the trust estates in Yorkshire, Nottinghamshire, Surrey, Sussex, Suffolk or Norfolk then Henry Howard will convey the property for one tenth less than the price or valuation; if his successor becomes the purchasor of any property, then the trustees are permitted to suffer the purchase money to remain in the hands of the successor until security for future payment can be secured.
Gives all household goods, furniture, implements, plate, linen, china, books, pictures, stock and so on from the capital messuage 'Holme Lacey' in Herefordshire to Henry Howard on trust to arrange for inventories to be made, and to allow his wife to use and enjoy the same for life; after her death, all items are to be sold and the money raised will form part of his residuary personal estate.
Bequeaths all sums of money to which he is entitled by virtue of any settlements made previous to the marriage of his kinsman Henry Charles Howard [later 13th Duke of Norfolk] and all money in stocks, bonds and rents, other than from his personal estate is to go to Henry Howard on trust to sell and convert into ready money for his residuary personal estate; specifies that his books, plate and other chattels are to be offered to his successor at the price at which they were purchased.
Directs Henry Howard to stand and be possessed of all net monies arising from the sale of his freehold, copyhold and leasehold estates, but on several trusts to settle the following: discharge of all funeral expenses; all debts owing to him by bond or simple contract; completion of purchases agreed to; that Henry Howard will invest money at his discretion to pay for all the interest, dividends and payment of annuities, except for those charged on the Cumberland and Westmorland estates; payment of specified pensions; payment of any pecunary legacies which may be bequeathed by any codicils; payment of expenses for the preparation and fitting of the painted windows and completion of the great room at Arundel Castle called the 'Barons Hall'; payment of expenses for the completion of histories of Herefordshire and Sussex of which he is patron; states that the residue of any monies to discharge any mortgage debts owing on the Cumberland and Westmorland estates at the time of his death.
The sale of the property is to create the following trusts: two tenths in trust for Henry Howard; four tenths in trust for such person as directed by any codicils to be applicable for payment of legacies; and four tenths on trust to be invested in the purchase of freehold lands of inheritance in fee simple with or without leasehold, copyhold or customary lands in Surrey to be settled and conveyed to various specified uses [individuals named].
Declaration that it is lawful for Henry Howard to give to the 11th Duke's successor all the building and other materials at Arundel Castle to be employed towards the completion of the buildings and improvements, otherwise they are to be sold.
Secures by bonds, several annuities to various specified persons; further annuities or yearly rent charges are also made to specified people; states that freehold, customary and leasehold manors, messuages, farms, lands and so on in Cumberland and Westmorland are to be charged with these payments; arrangements made in case of arrears of payment; directs that any annuities given to benefit females will be received by Henry Howard and shall be paid by him into the proper hands of the person entitled.
Devises the barony of Greystoke and all manors, messuages, farms, lands and so on in Cumberland and Westmorland known at the 'Greystoke Estate'; all other freehold, copyhold and leasehold property in Cumberland and Westmorland with all appurtenances are to the use of Henry Howard on trust to convey and settle the same to several specified uses including to the use of Henry Howard for the term of 2000 years, but on directed trusts to various specified individuals in tail male; states that a proviso will be included directing that the term of 2000 years will cease when all trusts declared have been performed and satisfied.
Directs that a proper power will be inserted into the intended settlements to enable tenants for life to be named as they take possession; the jointure of any woman they may marry or the yearly rent charge shall not exceed the yearly sum of £1400. for any one woman; directs that the estates will not be liable for the payment of more than two such jointures at the same time; further details provided as to the payment of jointures and the powers for tenants for life.
Make provision in case the security for the annuities is invalid, so that the annuities are paid regardless, and that anyone receiving an annuity should not be taken advantage of.
Directs if lawful for Henry Howard to give to his successor any heirlooms allows, and to be taken with the castle and estates of Greystoke and all household goods; if any are sold then the money is to form part of his residuary personal estate.
Devises all burgage tenements in the Borough of Horsham to the use of Henry Howard on trust to perform the agreement entered into by the 11th Duke with his kinsmand Bernard Edward Howard [later 12th Duke of Norfolk] for the sale of the same; if the agreement is not fulfilled within 2 years of his death, then on trust that Henry Howard will sell the same to Henry Charles Howard [later 13th Duke of Norfolk] if desired; makes further provision for the disposal of the property to specified individuals.
Gives to Henry Howard all the real estates now vested in him by way of mortgage in order to receive all money secured for the purpose of the will; also gives to Howard all real estates now vested in him on trust.
Desires that if he dies in London or Surrey he is to be buried at Dorking, Surrey; but if he should die at Arundel or in Sussex he is to be buried at Arundel; if he dies at Greystoke, then he is to buried there.
Directs that it is lawful for Henry Howard to appoint any other person to act with him for the execution of the trusts of the will; if someone is appointed, then the trusts, estates, monies and premises are to be assigned to Howard and the new person; further provisos are stated regarding the appointment of new trustees.
Executor: Henry Howard.
Also includes a codicial to the will dated 30 Nov. 1815; recites fact that the will states that the trustee and assigns will stand possessed of and interested in the ultimate residue of the monies arising from the sale of the property; and all the trust monies arising from the sale of freehold, copyhold and leasehold estates; revokes the several uses, estates or trusts created for the four tenths part of his residuary estate; directs his trustee to stand possessed of the same four tenths part on trust to invest the same in the purchase of freehold lands of inheritance in fee simple in Surrey, and to effectually convey the same to the several uses intended for the term of 2000 years; further details provided as to the intended uses.
Directs that such an intended settlement shall be limited to Henry Howard on trust and for the effective levying of yearly payments for the lives of specified named individuals; specifies to whom several pecunary legacies are to be paid to [individuals named with specific sums].
Endorsed 'Proved in the Prerogative Court of the Archbishop of Canterbury the 15th day of February 1816'; further endorsed that it is a true copy of the original examined 25 May 1838; prepared by Few, Hamilton and Few [solicitors].
Ne 6 D 2/47/162/2: abstract of the above will. |