| Content Description | First Party: Edward [Howard, 9th] Duke of Norfolk; and Edward Howard, esquire and nephew of the [9th] Duke of Norfolk.
Second Party: George Donston, esquire of Worksop, Nottinghamshire.
Third Party: William Harrison, farmer of Kilton, Nottinghamshire.
Declaration that (1) and (2) shall divide up Kilton Forest and the parcel of ground known as 'Longholme' according to their respective rights of common; this will also include the allotment made to (1) called the Duke of Norfolk's Plantation, together with the rest of Kilton forest measuing 250a.1r.28p., and of the allotments made to (2) of Kilton Forest measuring 68a.2r.13p. and 24a.1r.16p; further declaration that (1) for the moment is entitled to the Manor of Worksop, and the Duke of Norfolk's Plantation; further declarations included regarding the future holding of the land.
Release from (2) and (3) to (1) of the estate and right of common of (2) and (3), and to be seized and entitled to their property in Kilton; further release of property in Kilton as above from (1) to (2).
Recitals: (a) fact that (1) is seized of a messuage with barn, stable, garden and homestead adjoining in Kilton, together with various parcels of land in Kilton also [details of acreages and field names provided]; (b) fact that within the hamlet of Kilton, which is part of Worksop Manor, there is a large parcel of land known as 'Kilton Forest', measuring 379a.2r.22p., which abuts certain enclosed lands of (1) and (2) [boundary details provided]; (c) also in Kilton a parcel of land known as 'Longholme' measuring 7a. [boundary details provided]; (d) fact that the owners of the several messuages and property in Kilton are all entitled to a right of common for cattle on the large parcel of land known as Kilton Forest; (e) (1) are the far greater owners of property in Kilton, and the proportionable right of common which (1) is entitled to on the whole of the large parcel of land known as Kilton Forest and over the parcel of ground of 7a. called Longholme, in respect of the property that (1) is seized of is, amounts to 7/9ths of all right of common for Kilton Forest and Longholme, and that the proportionable right of common that (2) is entitled to of the same is 2/9ths; (f) 9th Duke of Norfolk did 'suite cause' part of Kilton Forest, measuring 36a.1r.5p. to be planted with acorns and to be known as the Duke of Norfolk's Plantation; (g) (1) and (2) have mutually agreed to a division of Kilton Forest and Longholme according to their respective rights of common, and several of the alloted parts should be enjoyed free from all right of common which others may be entitled; also provides details of a lease dated 31 Jul. 1765; (h) details of the agreement for setting out Kilton Forest proportionately for (1) and (2) and that both are now in actual possession of the property.
Includes an attached plan of Kilton Forest and how it was divided between (1) and (2); boundaries of the plot are clearly noted and the acreages; no scale or compass point is present.
Endorsed as being enrolled in the Court of Common Pleas, St Michael Term [Michaelmas], 7 George III [1766]. |