| Content Description | First Party: Bernard Edward [Howard, 12th] Duke of Norfolk; Henry Charles [Howard], Earl of Surrey [later 13th Duke of Norfolk] and his wife Charlotte, Countess of Surrey; and Henry Granville Howard, commonly called Lord Fitzalan [later 14th Duke of Norfolk], the vendors.
Second Party: Henry Pelham Fiennes Pelham-Clinton [4th] Duke of Newcastle [under Lyne], purchasor.
Contract from (1) to (2) for the absolute sale of the property outlined in the first schedule; property is in fact the Worksop Manor estate [Nottinghamshire]; contract includes numerous clauses relating to the sale including: (i) (1) will sell the property comprised in the schedule to (2) for the sum of £370,000 with all timber on the estate and all permanent fixtures belonging to Worksop Manor house; (ii) (1) will within 1 calendar month deliver to (2)'s solicitor the abstracts of title concerning the property; (iii) that all requisitions and objections to the title which are not made in time will be waived; (iv) that (1) on receipt of the purchase money will by 29 Sep. execute proper conveyances for the property; (v) that (1) will produce all deeds and evidence of title when requested; (vi) conveyance of the estates and assignment of all terms are attendant on the inheritance and that all deeds of covenant for producing title deeds are required; (vii) if (1) requires a covenant for production of deeds then (2) shall execute the same at the cost of (1); (viii) any office copies or extracts not present for the purpose of authenticating the abstracts of title shall be acquired at the cost of (2); (ix) (1) can retain any deeds or writings relating to the estate to be sold or other property if of a higher value, and that (2) accepts (1)'s covenant to produce them if needed; (x) title deeds relating to Holme Farm will not be required until certain accounts are adjusted, and that a copy of the abstract of title should be accepted as sufficient evidence;
(xi) all attested or other copies of deeds are to be made by (1)'s solicitors at the expense of (2); (xii) the admeasurement of the estate as stated in the particulars shall be admitted as correct; (xiii) (2) to pay to (1) the remainder of the purchase money of £370,000 on the title being perfected and the conveyance executed; (xiv) (2) will be entitled to possession of part of the property and the rents and profits of the residue of the estate from 29 Sep., except for the Roman Catholic chapel and Priests House which is to be retained by (1) until 24 Jun. 1839; (xv) all rates and expenses relating to the property until 29 Sep. are to be paid by (1); (xvi) deposit of £20,000. is to be placed in the names of Henry Pelham, Earl of Lincoln [later 5th Duke of Newcastle under Lyne], Edward Blount and John Wright; (xvii) until the completion of the purchase the Duke of Norfolk will perform the royal services expected of the manor; (xviii) all matters arising from the contract and title which shall not be settled by either party's solicitors shall be referred to their respective counsels; (xix) if any mistake is made in the particulars and plan referrred to by the schedule, or in the description of the estate (2) can refuse to accept any compensation, but if in any other area the purchase is to be completed; (xx) if (2) refuses to complete the purchase, each party will pay their respective expenses, and (1) to repay (2) the deposit; (xxi) if (2) does not fulfil this contract by 25 Mar. 1839 then the deposit will be forfeited, and this agreement be void.
Includes a copy of the schedule referred to, providing details of the Worksop Manor estate that is to be conveyed; includes a second indenture providing further details of the property.
Recitals: (a) details of an indenture dated 12 Aug. 1837 [see Ne 6 D 2/47/209]; (b) the estates mentioned in the first schedule are the absolute property of the Duke of Norfolk and the Earl of Surrey; (c) all the estates are of freehold tenure and subject to exemptions, interests and outgoings as referred to in the schedule and free from all incumbrances; (d) (1) have agreed with (2) for the absolute sale of the property referred to in the first schedule.
Prepared by Mousley and Barber [solicitors] of Derby. |