| Content Description | First Party: Bernard Edward [Howard, 12th] Duke of Norfolk; Henry Charles Howard, Earl of Surrey and only son of the 12th Duke [later 13th Duke of Norfolk]; Charlotte, Countess of Surrey, wife of Henry Earl of Surrey; and Henry Granville Howard, commonly called Lord Fitzalan and eldest son of Charlotte and Henry, Earl and Countess of Surrey.
Second Party: Henry Charles [Howard], Earl of Surrey [later 13th Duke of Norfolk]; the honourable Charles Petre of Bury St Edmunds; George Fiesche Heneage, esquire and Edward Heneage, esquire, both of Hainton Hall, Lincolnshire.
Third Party: Henry Howard, esquire of Greystoke Castle, Cumberland, only son of the late Henry Howard Molyneaux, brother of 12th Duke of Norfolk; Edward Blount, esquire of John Street, St James's Square, Middlesex; and John Wright, banker of Covent Garden, Middlesex.
(1) limits the property to the use of (3).
Lease [Ne 6 D 2/47/62] and release [Ne 6 D 2/47/63] from (1) at the request of (2), to (3) of all the manors, capital and other messuages, lands, woods and so on in Nottinghamshire, Derbyshire and Yorkshire; declaration that the property is to be vested in (3) on trust that they will enter into a proper contract with the 4th Duke of Newcastle [under Lyne] and receive the sum of £37,000.; further declaration that the trustees may modify or release the contract; declaration that if the contract is not carried into effect the trustees can sell the property at public auction or by private contract; further declarations stated regarding the intended contract with the Duke of Newcastle.
The property comprises: the manors of Worksop and Shireoaks, Nottinghamshire; the rectory of Worksop with all tithes belonging; the perpetual advoson of Worksop vicarage; the perpetual right of presentation to the Chapel of Shireoaks; Worksop Manor; all messuges, farms, lands, woods and other hereditaments at Worksop and Shireoaks, Whitwell, Derbyshire and Netherthorpe in the parish of Loughton, Yorkshire; further details of the property can be found in the attached schedule; details of tenants names, acreages and a description of the property are provided.
Recitals: (a) details of an indenture [of marriage settlement] of 10 parts dated 26 Dec. 1814; (b) fact that Henry Charles Howard married Lady Charlotte Leveson Gower on 27 Dec. 1814 and there is issue of the marriage; (c) fact that Charles [Howard, 11th] Duke of Norfolk died in Dec. 1815 without any male issue and so Bernard Edward Howard succeeded to the title [as 12th Duke]; (d) details of an indenture dated 12 Aug. 1837; (e) details of an act of parliament passed in the first and second years of her reign entitled 'An Act for giving effect to certain powers of Appointment over Settled Estates of the Duke of Norfolk so that by the exercise of such powers the Estates to be appointed may be discharged from the Countess of Surrey's pin money and for discharging certain parts of the said settled Estates from the portions of the Daughters and younger sons of the Earl and Countess of Surrey'; (f) fact that all parts of (1) have agreed with Henry [P.F. Pelham-Clinton, 4th] Duke of Newcastle [under Lyne] for the absolute sale to him of the manors, capital and other messuages, advowson, lands and tithes in Nottinghamshire, Derbyshire and Yorkshire, as set out in attached schedule for the sum of £370,000.; (g) the principal parts of the hereditaments contracted to br sold to the Duke of Newcastle are part of the estates comprised in the above recited indentures and act of parliament, and the property not comprised in the above was purchased by the 12th Duke of Norfolk and his son;
(h) all parts of (1) desire that the property to be sold should be vested in (3) in trust; (i) certain parts of the estates are charged with the sum of £25,000. and subject to a term of 3000 years securing the same with interest by an indenture dated 25 Mar. 1817; (j) details of an indenture dated 23 Nov. 1838 [see Ne 6 D 2/47/60]; (k) fact that (2) have agreed to join the conveyance for the purpose of releasing the property from their charge, and surrendering the term of 3000 years. |