| 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, Lord Fitzalan [later 14th Duke of Norfolk].
Second Party: Henry Charles Howard, Earl of Surrey; Hon. Charles Petre, esquire of Bury St Edmunds, Suffolk; George Fiesche Heneage and Edward Heneage, both esquires of Hainton Hall, Lincolnshire.
Third Party: Henry Howard, esquire of Greystoke Castle, Cumberland, [nephew of the 12th Duke of Norfolk]; Edward Blount, esquire of John Street, St James's Square, Middlesex; and John Wright, banker of Covent Garden, Middlesex.
For the effective execution of the powers limited to them by the indenture recited at (d) below, (1) jointly directs and limits that all the property in Nottinghamshire, Derbyshire and Yorkshire described in the attached schedule shall remain free and discharged of all annual sums provided for the jointure of the Countess of Surrey, to the use of (3) on trust.
Further witnesses that for further assurance for (3), lease [Ne 6 D 2/47/220] and release [Ne 6 D 2/47/221] from (1) at the request of (2) to (3) of all the manors or lordships, messuages, advowsons, tithes, lands and other hereditaments in Nottinghamshire, Derbyshire and Yorkshire described in the attached schedule [including the Worksop Manor estate], together with all buildings, rights and appurtenances; property is to the use of (3) free from both the charge of £25,000 and the term of 300 years; contains usual covenants; attached schedule includes a brief overall description of the property, details of the tenants names, brief description of the property including which parish and county it is located in and acreages.
Recitals: (a) details of an indenture [of settlement] dated 26 Dec. 1814 [see Ne 6 D 2/47/202]; (b) fact that Henry Charles Howard and Lady Charlotte Leveson-Gower married on 27 Dec. 1814, and there is issue of the marriage being 3 sons and 2 daughters including Lord Fitzalan; (c) fact that Charles [Howard, 11th] Duke of Norfolk died in 1815 without any male issue and on his decease Bernard Edward became [12th] Duke of Norfolk and that Henry Charles Howard assumed the title Earl of Surrey and Henry Granville Howard the title of Lord Fitzalan; (d) details of an indenture dated 12 Aug. 1837; (e) details of an act of parliament dated 1-2 Victoria [1837-1839] for giving effect to certain powers of appointment over the settled estates of the Duke of Norfolk to discharge the Countess of Surrey's pin money together with any portions marked for any daughters or younger sons; (f) (1) have agreed to the absolute sale of the property in Nottinghamshire, Derbyshire and Yorkshire comprised in the attached schedule to Henry [Pelham Fiennes Pelham-Clinton, 4th] Duke of Newcastle [under Lyne] for the sum of £370,000.; (g) the principal parts of the property contracted to be sold to the Duke of Newcastle are part of the estates comprised in the recited indentures and acts of parliament above; (h) (1) now desires that the property to be sold should be vested in (3) in trust to carry into effect such a contract; (i) certain parts of the property are charged with a sum of £25,000 and subject to a term of 3000 years for securing the same with interest by an indenture of mortgage dated 25 Mar. 1817; (j) details of an indenture dated 23 Nov. [1838]; (k) fact that (2) at the request of the other parties have agreed to join these presents in order to release the property from its charge and to surrender the term of 3000 years.
Endorsed as being a true copy of the original examined on 17 Jun. 1839. |