| Content Description | First Party: Bernard Edward Howard, [12th] Duke of Norfolk.
Second Party: William Henry Cavendish Scott [Bentinck, 4th] Duke of Portland, eldest son and heir of William Henry Cavendish [Bentinck, 3rd] Duke of Portland deceased.
Third Party: William Charles [Keppel, 4th] Earl of Albermale.
Fourth Party: Charles Heaton [later Ellis], esquire of the Albany Buildings, Middlesex, devisee in trust under the will of John Heaton, esquire formerly of Old Burlington Street, Middlesex, but late of Bedfords, Essex.
In pursuance of the recited agreement and for the purpose of effectuating an exchange, and in consideration of various indentures made with (2) and (4), (3), at the request of (1) agrees to revoke and make void all the uses, trusts and so on as set out in the recited indenture of release at (a) below.
Further witnesses that in pursuance of the recited agreement for exchange, as recited at (b) below, conveyance from (1), at the request of (2) with (3), for the exchange of property with (4), in consideration of the statute made for transferring uses into possession; a parcel of [enclosed] land in Worksop [Nottinghamshire] lately awarded to (1) by act of parliament; two further parcels of enclosed land in Worksop; also of 'South Lodge' and the remains of the building called 'Plumtree House', and the various outbuildings belonging; also the reversion in fee simple of all tithes including rectorial, arising out of any of the above property, together with all appurtenances [in all cases details of acreages and boundaries provided].
Declaration that (3) at the request of (1) and (2) has appointed and limited (4) at the request of (2), for all and singular the parcels of land and property granted in exchange to (4) shall remain, and that (4) will stand seized in trust to convey the property to such uses on trust and subject to various provisos and limitations as set out in the indenture recited at (c) below, and the deed poll at (d).
Further witnesses that in part performance of the exchange by (2) and (4), and in consideration of the conveyance made, (2) has declared and limited that all parcels of land described with appurtenances shall remain, and that (4) shall be seized of, and convey the same, subject to the several uses limited and declared.
Further witnesses that in pursuance of the said agreement of exchange and in further performance of (2) and (4) for the conveying of the above property in exchange to the uses of the trusts thereinafter limited, (4) at the request of (1) and (2) has granted to (3) several closes of land and parts of closes lying at 'Sloswicks' in the parish of Worksop [Nottinghamshire], including parts of the following closes: 'Broad Lane Close', 'Gravel Pit Close', 'Long Close', House Close and Lane', and 'Wood Close' [in all cases acreages and boundaries provided]; all the closes lie adjacent to each other, and are all in the tenure of Thomas Bullivant.
Further witnesses that in pursuance and further performance of the agreement of exchange, and in consideration of the conveyance, (2) by the direction of (1) and (3), has exchanged with (3) all the rectorial and other tithes payable from all the closes of land mentioned above; to be held for the life of (2) and his son, or the longer liver of them, and to be well indemnified from the rents and reservations reserved by the indenture of lease recited at (e) below; property to be exchanged for the parcels and land and tithes with appurtenances above described; includes usual covenants.
Recitals: (a) details of an indenture of lease and release and appointment dated 24 and 26 Dec. 1814; (b) fact that within the lease and release recited at (a) above, a proviso was contained that it would be lawful for (3) to receive all the rents and profits from property in Yorkshire, Nottinghamshire, Derbyshire, Middlesex, Norfolk, Suffolk, and the city of Norwich, in exchange for other freehold property in the counties mentioned, with the exception of Worksop Manor and land within Arundel Park; (c) details of an indenture of lease and release by virtue of a bargain and sale dated 30 Jun. and 1 Jul. 1789; (d) details of a deed poll of appointment endorsed on the lease and release recited at (c) above, dated 3 Aug. 1793; (e) details of an indenture of lease dated 25 Feb. 1801, endorsed with livery of seisin; (f) fact that the 3rd Duke of Portland made his last will and testament, dated 15 Sep. 1809 [see Ne 6 D 2/47/15 for an extract]; (g) fact that (2) proved his father's will at Canterbury; (h) fact that John Heaton survived Lord John Cavendish, and details of his will made 3 Jan. 1817 [see Ne 6 D 2/47/16 for an extract]; (i) fact that Charles [Howard, 11th] Duke of Norfolk has died, as well as Sir Samuel Romilly, leaving (3) as surviving co-trustee; (j) fact that (3), at the request of (1), has agreed to exchange some property in Nottinghamshire to (2) for the freehold property including Worksop Manor. |