|Title||Draft deed of covenant from Bernard E. Howard, 12th Duke of Norfolk, Henry C. Howard, Earl of Surrey [later 13th Duke of Norfolk] and Henry Granville Howard, Lord Fitzalan [later 14th Duke of Norfolk] to Henry P.F. Pelham-Clinton, 4th Duke of Newcastle under Lyne for indemnity against defects in a fine and recovery; 5 Jun. 1839 |
|Content Description||First Party: Bernard Edward [Howard, 12th] Duke of Norfolk.|
Second Party: Henry Charles [Howard], Earl of Surrey [later 13th Duke of Norfolk].
Third Party: Henry Granville Howard, Lord Fitzalan [later 14th Duke of Norfolk], eldest son of (2).
Fourth Party: Henry Pelham Fiennes Pelham-Clinton, [4th] Duke of Newcastle [under Lyne].
Draft deed of covenant from (1), (2) and (3) to (4) to indemnify (4) against any defects in a fine and recovery in respect of premises [including Worksop Manor, Nottinghamshire] which were conveyed to (4).
Recitals: (a) on 3 Apr. 1838 (1), (2) and (3) contracted with (4) for the sale of property [being Worksop Manor] for the sum of £370,000 [see Ne 6 D 2/47/210]; (b) details of an indenture of lease and release bearing even date; (c) details of hereditaments listed in the schedules accompanying the lease and release recited at (b) and their corresponding reference numbers which were previously the estates of the Dukes of Portland; (d) details of hereditaments listed in the schedules accompanying the lease and release recited at (b) and their corresponding reference numbers which were previously part of the estate of William Willcock in Whitwell, Derbyshire; (e) details of hereditaments in an indenture of release and bargain and sale dated 1 Jul. 1789; (f) fact that an indenture dated 9-10 Dec. 1775 has not been produced, and that the property in the recovery suffered in pursuance of the deed recited at (e) was perhaps not sufficient to include all hereditaments intended to be settled; (g) fact that an indenture dated 10-11 Jun. 1794 has not been produced, and that the subsequent fine levied may not be sufficient to include all hereditaments intended to be conveyed; (h) doubts have been expressed by (4)'s counsel as to whether the provisions contained in an act of parliment dated 3-4 William IV would apply to any ommissions in the recovery and fine.
Includes endorsement that the altered draft has been approved on behalf of (1), (2) and (3) by Few, Hamilton and Few [solicitors], dated 24 Apr. 1839.