| Description | (1) The Hon. William Henry Dawnay, Bookham Grove, near Leatherhead, Surrey, eldest son of the Rt. Hon. and Rev. Wm. Henry Viscount Downe. (2) The Hon. Payan Dawnay, 2nd. son of the said William Henry Viscount Downe. (3) Mary Isabel Bagot, Blithfield, Staffs, spinster, youngest dau. of the Rt. Rev. Father in God Richard, Lord Bishop of Oxford. (4) John Moyer Heathcote, Conington Castle, Esq. and The Rev. Robert Boothby Heathcote, Great Friday Hill, Chingford, Essex, clerk. (5) The Rev. Charles Walter Bagot, Islip, Oxon, clerk and the Rev. Lewis Francis Bagot, Castle Rising, Norfolk, clerk. Recites: (i) Rt. Hon. Christopher Burton, last Viscount Downe and Baron Dawnay now decd. being siezed of various lands in Yorks. and Rutland and elsewhere in Great Britain. By his will of 19 July, 1819 gave all his lands in Yorks and Rutland (except the mansion house at Conick, Yorks, and all advowsons and rectories) to the use of Sir Wm. Foules, Bart, and Hugh Scott, Esq. for a term of 1,000 years to use of his bro. Hon. and Rev. W.H. Dawnay now Viscount Downe, then to use of Sir Wm. Henry Cooper and John Heathcote for W.H. Dawnay and his heirs in tail male. If none, to his bro. Hon. Marmaduke Dawnay and his heirs in tail male and so on. (ii) Codicil of 21 June, 1826, by which testator left lands in Rutland in trust for 1,000 years to raise £8,000 each for Louisa Newcomb and Edith Ann Newcomb, infant daus. of Joseph Newcomb. (iii) 2nd. Codicil of 6 July, 1829 taking Joseph Newcomb out of trusteeship. (iv) Death of testator 18 Feb. 1832, without issue, leaving 3 bros. and a widow. (v) Estates subject to jointure for said Louisa Marion, Viscountess Downe. (vi) Two charges of £8,000 by first Codicil have been paid. (vii) (1) being seized of an estate tail in Yorks. under the will of Richard Langley, late of Wykeham Abbey, Yorks, Esq., decd. of 10 May, 1810 of which said lands the Hon. Marmaduke Langley is now tenant for life. (viii) Agreement for forthcoming marriage between (1) and (3). (ix) Upon treaty for said marriage it was agreed that estate devised by said Will should be conveyed to uses hereinafter expressed. (x) (2) at request of (1) has agreed to make provision for jointure of (3) and for the portions of any daus. as hereinafter appears. (xi) Indenture of yesterday to cut off the entail on to (2). Now in consideration of said marriage (1) covenants with (4) that as soon as convenient after the death of his father, he will convey all lands etc. in said will to (4) to use of (5) for 100 years to raise the sums following during life of (1) and (3); £300 p.a. while Louisa Marion Viscountess Downe lives, then £500 for pin money for (3). (5) to allow the person entitled to freehold reversion to take rents and profits. (2) agrees with (5) to pay (3) £100 p.a. while his father lives. Lands in term to use of (1) for life then to (4) for use of (1) in trust to allow (1) to receive rents during his life, then to (3). Also to (3) after death of (1) and parents yearly, rent-charge out of money and estates left to (1) by Richard L. decd. and lands subject to yearly rent-charge to (5) in term for use of heirs of (1) in tail male. If none to use of (2) for life then to use of (4) on trust then to (2)'s heirs in tail male. If none to (1) and heirs for ever. Term limited to 1,000 years to (5) on trust for (3) and to provide for younger children. Lawful for trustees to sell or exchange lands and appoint new trustees with consent of (3). And for 10/- from (4) to (1), (1) to (4). Said beforementioned lands and those covenanted to be settled on (1) by indenture of yesterday to beforementioned trusts. And (2) appoints by authority limited to him in indenture of yesterday that said lands shall be to said uses and trusts, i.e. due provision for (3) if (1) dies with no settlement made and no issue male. If so to (5) for 1,500 years on trust to secure payment of said yearly rent charges and to provide for any female issue. (2) agrees with (4) that if (1) dies with no settlement made the said lands are to be conveyed to to (4) for the beforementioned trusts. Signed on 3 Aug. 1843 as being examined with the original of which this is a true copy. |