| Content Description | First Party: Robert Few, gentleman of Henrietta Street, Covent Garden, Middlesex.
Second Party: Hon. Henry Legge of Dartmouth Row in the parish of Blackheath, Kent.
Third Party: John Wright, esquire of Henrietta Street, Covent Garden, Middlesex.
Fourth Party: Bernard Edward [Howard, 12th] Duke of Norfolk; his son 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], son of the Earl and Countess of Surrey.
Fifth Party: Henry Howard, esquire of Corby Castle, Cumberland.
Sixth Party: Bernard Edward [Howard, 12th] Duke of Norfolk.
By virtue of all powers vested in (4), they request and direct, and with (3) as assignee of the mortgage secured for £16,000. with interest, do request and consent that (1) and (3) shall make such surrenders and assignments concerning the term of 300 years.
Assignment from (1) to (5) of all the property in Yorkshire, subject to the term of 500 years, which was created by the settlement recited at (g) below, which is now vested in (5); and that much of the same property is comprised in the above mentioned term of 300 years, so that the unexpired residue of the term of 300 years may be merged and extinguished in the term of 500 years.
Further witnesses that in pursuance of the agreement, assignment from (1) and (2) to (6) all the property comprised in the several indentures recited at (g), (k), (m) and (o) below, and not comprised in the above assignment, and is now subject to the term of 300 years with all rights and appurtenances; the unexpired residue of the term of 300 years now surrendered is intended to be merged and extinguished into the freehold estate of (6) .
Recitals: (a) details of an indenture of lease and release dated 10-11 Jun. 1767; (b) details of an indenture dated 23 Mar. 1771; (c) fact that Edward [Howard, 9th] Duke of Norfolk died in 1777 without issue, and Charles Howard the elder became the [10th] Duke of Norfolk; (d) Charles Howard, [10th] Duke of Norfolk died in 1786, leaving Charles Howard the younger his son, as his heir and successor to the title; (e) details of an indenture dated 26 Jan. 1789; (f) details of an indenture of lease and release dated 25-26 Nov. 1814 [see Ne 6 D 2/47/203]; (g) details of an indenture of lease, appointment and release dated 25-26 Dec. 1814 [see Ne 6 D 2/47/202]; (h) Henry Charles Howard married Lady Charlotte Leveson-Gower on 27 Dec. 1814, and that there is issue of the marriage including Lord Fitzalan who reached his majority in 1836; (i) Charles Howard the younger [11th] Duke of Norfolk died in 1815 without male issue; (j) details of an indenture dated 26 Aug. 1835; (k) details of an indenture dated 12 Aug. 1837; (l) fact that certain parts of the estates which were comprised in the indenture recited at (a) above, did by virtue of certain acts of parliament made 45 and 50 George III become vested in Thomas Wybergh and Vincent Henry Eyre in trust for sale; (m) details of an indenture of lease and release dated 30-31 Jul. 1838 [see Ne 6 D 2/47/211]; (n) the manor of Horsham, Sussex, also excluded from the settlement recited at (g) above, has by an indenture of lease and release dated 17-18 Aug. 1838 now been limited to the same uses as the indenture recited at (m) above; (o) details of an indenture of lease and release dated 14-15 Feb. 1839;
(p) (4) desires that the term of 300 years limited by the indenture of 11 Jun. 1767 should be merged and extinguished, and that (3) at the request of (4) has agreed that the term shall be surrendered and all hereditaments not comprised in the trust shall be discharged from all trusts and charges in respect of the sum of £16000.; (q) all the trustees of the term of 300 years have now died; (r) Sir Philip Musgrave, the last trustee to die, made his will dated 5 Apr. 1779, and appointed his sons in law, Joseph Musgrave and Heneage Legge as executors; (s) Jospeh Musgrave died in 1807, and by his will dated 4 Mar. 1824 appointed Legge and Henry Hugh Holbeach executors, who duly proved the will; (t) Holbeach died in 1835; (u) the will of Sir Philip Musgrave was never proved at Canterbury, and so letters of administration of his estate were limited to the term of 300 years, and granted to (1) [extracts from the administration of Sir Philip Musgrave's will can be found at Ne 6 D 2/47/214]; (v) agreed that any surrenders and assignments to be made shall be made so that the term of 300 years can be merged and extinguished.
Endorsed as being a true copy of the original examined on 8 Jun. 1839. |