Record

CalmRefNoKHINCH/2/A/16
Reference numberHINCH 2/16
TitleSettlement (by Lease and Release) and one other copy of the Release); 1) Rt. Hon. John, 4th Earl of Sandwich. 2) Sir Lawrence Dundas of Ask Hall, co York, Baronet. 3) Hon John Montagu, commonly called Lord Viscount Hinchingbrook,. eldest son and heir apparent of Rt. Hon. Dorothy Countess of Sandwich, formerly Dorothy Fane, spinster, and 1; 4) Hon. Mary de Salis, formerly Mary Fane, spinster, wife of Jerome de Salis, Count of the Holy Roman Empire. 5) Hon. Augustus John Hervey of Chesterfield Street, co. Middlesex. 6) Robert Jones of Clements Lane, London, Esq.
DescriptionRecites: 1) Settlement by Lease and Release of 17th - 18th April 1739 (Hinch 1/11). 2) Will of Charles Lord Viscount Fane, senior, 11th May, 1739. Devised and limited his lands in counties Limerick and Tipperary to Sir Standish Harstonge and Hon. Charles Stanhope for term of 500 years upon trusts to raise certain sums of money. 3) Death of Charles Lord Visc. Fane, senior 1744. Left one son and four daughters, including mother of 3. 4) Mary Viscountess Fane, widow of above, agreed with her son, Charles Lord Viscount Fane jnr., to accept an annuity of £1,000, served upon lands in counties Devon and Berkshire, in lieu of the Estate for life limited to her in premises in counties Devon and Berkshire and the annuities of £245 and £300 payable out of premises in Ireland. She surrendered her freehold and Estate for Life in these premises to her son. 5) Decree of High Court of Chancery, 3rd May 1748 Ordered that the sum of £25,000 appointed by the will of 1739 to be raised of the settled estate, should be raised by a mortgage or sale of all or part of the settled estate. 6) Act of Parliament (22 George II) entitled "An Act for Sale of the Inheritance of part of the settled estates" as Charles Lord Viscount Fane in counties Devon and Limerick for discharging debts and incumbrances and also for settling another estate in county Berkshire in lieu thereof. And for securing a Rent Charge to Mary Viscountess Fane as a Compensation for her Estate for Life in the premises in Co. Devon. After reciting purchase by Charles Lord Visc. Fane, jnr., (March 1747) of Manor of and other lands in Basseldon, co. Berkshire, and the proposal to settle these lands in lieu of the Devon Estate, it enacted that lands in Cos. Devon and Limmerick were freed from all previous trusts etc. and were vested in Richard and Walter Dawson of the City of Dublin, Esquires, upon trust to sell all or part of the lands to raise certain sums of money: any extra raised to be used to purchase more land in England, which to be settled as directed. Any unsold land or newly purchased land to be vested in R & W Dawson upon trust to settle it subject to the limitations in the settlement of 1739 referring to Co. Limerick. 7) Death, without issue, of Charles Lord Visc. Fane, jnr., and two of his four sisters. Their mother also dead. 4 and Dorothy, Countess of Sandwich, now entitled to one half of the lands in Co. Berkshire. 8) Act of Parliament (8 George III) entitled "An Act for vesting an undivided moiety of certain Manors etc. situate and being in the County of Berkshire, late the Estate of Charles Lord Visc. Fane deceased and which upon his death became vested in Possession in Dorothy Countess of Sandwich, in Trustees and their Heirs in Trust to be sold and for applying the Money to arise by the Sale thereof in the manner therein mentioned." After reciting that Dorothy Countess of Sandwich is a lunatic and that no sale can take place without the aid of Parliament, it enacted that the Countess's Berkshire lands were freed from all previous trusts and were vested in Henry Seymour of Sherborn, Co. Dorset, Esq., and 6 upon trust to sell the lands and use the money gained to buy other lands in England which to be settled upon the same trusts as those mentioned in the Settlement of 1739 and the Act of 22 George II for the Berkshire lands. 9) Indenture of 28th March, 1771. Henry Seymour conveyed to 6 all his rights etc, in the Berkshire lands. 10) 6 with consent of 1 and 3 sold part of Berkshire lands to Robert Palmer Esq., for £1.400 and the residue to Francis Sykes Esq., for £23,500. 11) 6 has paid off various charges and debts, and £22,842. 15s. 0d. is left to purchase other lands. 12) Lease and Release of 21st-22nd February, 1764 and other deeds endorsed thereon. (Hinch 2/10) Now £22,842. 15s. 0d. ie 6, for debt of 1, to 2 £8,000 6 to 1 £14,842. 15s. 0d. 1 And 2 convey to 6., to such uses and trusts as follows: i) To the use of 5 for term of 100 years from 24th January, 1766, if the Countess of Sandwich and 4 live so long, upon trusts concerning the rents issuing from the lands ii) From the end or determination or the term, to the use of the Countess of Sandwich and her heirs. iii) For default of any issue, to the use of 4 and her issue. iv) For default of such issue, to the use of the heirs of Charles Lord Viscount Fane, senior. (The residue of the terms of 500 and 1,000 years in trust, as far as they relate to these lands are intended to be assigned to Trustees: 2 and John Drummond have agreed to discharge these lands from any part of the sum of £2,000 in Trust. For these terms etc., see the deeds recited in 12) Lands in the p. of Eynesbury, co. Huntingdon (further described); a yearly rent of £3. 6s. 8d. issuing from the Rectory or Parsonage of Eynesbury and the Rectory of Barkford, co. Bedford, or either of them; lands and tithes in the p. of St. Mary in the town of Huntingdon and in the Manor of Hinchingbrook (further described): two closes in Hartford, co. Huntingdon, and in the Manor of Hinchingbrook (further described); land in the p. of St. John in the town of Huntingdon and in the Manor of Hinchingbrook (further described) Annexed is a Schedule of Deeds, 1668-1764.
Date23rd - 24th August, 1771
CreatorNameMontagu family, Earls of Sandwich of Hinchingbrooke
RepositoryHuntingdonshire Archives

Show related Persons records.

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CodePersonNameDates
F/0009Montagu; family; of Hinchingbrooke House; Earls of Sandwich11th Century-Present
P/0054Montagu; Lord; John (1718-1792); 4th Earl of Sandwich; of Hinchingbrooke House1718-1792
P/0055Montagu; Lord; John (1744-1814); 5th Earl of Sandwich; of Hinchingbrooke House1744-1814
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