| Content Description | First Party: William Henry Cavendish-Scott-[Bentinck, 4th] Duke of Portland.
Second Party: John Heaton, esquire of Old Burlington Street, Middlesex.
Third Party: Bernard Edward [Howard, 12th] Duke of Norfolk.
Fourth Party: Henry Howard, esquire of Corby Castle, Cumberland, and devisee in trust and sole executor of the will of Charles [Howard, 11th] Duke of Norfolk, deceased.
In consideration of the premises, the sum of £1335.2.6., and the value of the timber, paid by the late Charles [11th] Duke of Norfolk to (1), with the consent of (3), grant of a messuage and parcels of land [as specified at (c) below], to the use of (4).
Lease [Ne 6 D 2/47/20] and release [Ne 6 D 2/47/21] from (1) and (2) to (4) of a messuage or tenement called Sloswicks, and part of the homestead in Worksop, Nottinghamshire, with the yards, gardens, barns, stables and other buildings; also of two orchards called 'Bottom Orchard' and 'Top Orchard'; a close of land called 'Stable Close' measuring 9a.1r.10p.; parcel of land measuring 3r.10p. previously part of 'Hill Close'; a wood called 'Sloswick Wood' measuring 2a.2r.32p.; and also a parcel of woodland, previously of 'Hill Wood' with all ways and appurtenances; includes covenant for (1) to produce any title deeds relating to the property, in particular those recited at (a) and (b) below.
Recitals: (a) details of a lease and release and bargain and sale dated 30 Jun. and 1 Jul. 1789; (b) details of a deed poll of appointment dated 3 Aug. 1793, subsequently enrolled in Chancery; (c) details of articles of agreement for exchange of property dated 14 Aug. 1809 [see Ne 6 D 2/47/11]; (d) fact that William Henry Cavendish [Bentinck, 3rd] Duke of Portland died before the deed of exchange recited at (c) above was executed, so (1) became entitled to an estate for life by the recitals at (b) and (c) above; (e) the property agreed to be exchanged via (c) of the Dukes of Portland was duly valued, and exceeded the value of the Duke of Norfolk's lands, and so the excess valuation was paid, and that the exchange of the property has taken place but with no deed of exchange or other conveyance in conformity with (c) above, during the lifetime of Charles, Duke of Norfolk; (f) fact that Charles, Duke of Norfolk died in 1815 and some details of his last will and testament are provided; (g) shortly after the death of Charles, Duke of Norfolk, (4) proved his will; (h) fact that the parcels of land agreed to be exchanged via (c) above were part of the settled estates of Charles, Duke of Norfolk, and as he died without issue, they descended to (3) as tenant for life.
(i) in order to execute (c) above, it has been agreed between (1), (3) and (4) that an exchange should be made between (1) and (3) of the property in question to an equal value; (j) fact that such an exchange has accordingly been made; (k) fact that Lord John Cavendish has died, but that (2) survives him. |