Catalogue description Marriage settlement

1. Sir Richard Acton of Aldenham bart

2. Philip Langdale of Houghton, East Riding of Yorkshire, esq and Elizabeth his wife

3. The Rt Hon Charles Lord Stourton baron Stourton of Stourton (formerly the Hon Charles Stourton esq) and Thomas Ottley of Pitchford esq, a trustee nominated by Sir Richard Acton and Philip Langdale in the place of Edward Acton esq decd who was co-trustee

4. Noel Hill of Tern esq and Joseph Fraine of Bath esq

5. The Hon Francis Talbott of London esq and John Stackhouse of Pendarvis co Cornwall esq

6. Thomas Mytton of Shipton esq and Thomas Eyton of Wellington esq

7. Edward Gibbon of Berrington co Hants esq and Peter Johnson of the City of York esq Copy Recital of 4th October, 1744(1) Sir Richard Acton

(2) Edward Fleming esq and Henry Mytton of Bridge North esq (3) the Rt Hon Harry Earl of Stamford and the Hon. John Grey esq his brother

(4) Thomas Hill esq and William Wrighte esq

(5) Edward Kynaston esq and George Wrighte esq

(6) The Rt Hon Lady Anne Grey sister to the Earl of Stamford. Settlement by Sir Richard Acton previous to his marriage with the Lady Anne Grey by which all his estates stood limited to the use of Sir Richard Acton and assigns for his life remainder to Fleming and Mytton during his life in trust to preserve etc, after as to part of the premises to the intent that his wife if she survived should receive an annuity of £500 for her life clear, as to the other part that after the decease of Sir Richard and Dame Elizabeth his mother, his wife should receive another annuity of £150 clear as an augmentation to her jointure, with a limitation of 2 terms of 99 years to the Earl of Stamford and John Grey in the premises out of which these rent charges were made payable for better securing them. Part of the premises were also limited to Hill and Wrighte for term of 300 years on trust to raise £7000 for the portion of a younger child or children in case there should be an eldest or only son, and another part to the Earl of Stamford and John Grey for 1000 years on trust that if there should be no issue male but one or more daughters, to raise £14000 to be equally divided at age 21 or marriage, the whole property to the first and other sons in tail male successively with reversion in fee to Sir Richard Acton. Recital of articles of agreement of 17th May, 1775 (1) Sir Richard Acton (2) Elizabeth Langdale as Elizabeth Acton spinster, daughter and only child living of Sir Richard Acton (3) Philip Langdale (4) Edward Acton and the Hon Charles Stourton Sir Richard Acton was seised in other properties besides those comprised in the settlement and upon treaty for the intended marriage of Philip Langdale and Elizabeth Acton it was agreed that not only the settled but the other estates should be limited on trust. Covenant that after the solemnization of the marriage, Sir Richard Acton should pay Langdale £1500 as part of the marriage portion and that of this £1000 should be considered as against Langdale (but not against his wife if she should survive him) upon certain events, as part of the £10,000 which Elizabeth Acton upon the death of her father would be entitled to have raised for her portion as only child. Covenant that Sir Richard Acton should within 3 months of the marriage convey to Edward Acton and Charles Stourton or other trustees the manors of Morvill, Walton als Bridge Walton, Oldbury, Round Acton als Acton Round, Walton Atterley and Barrow, in the parishes of Morvild, Oldbury, Round Acton, Much Wenlock, and Barrow; the capital messuage and demesne land of Aldenham and all the park and impaled ground called Aldenham Park, and all other messuages etc in Haughton, Croft, Kingsley als Kingsledge, Overs, Morvill Lye, Bridgewalton, Underton, Oldbury, Bridgnorth, Aston Eyre, Round Acton, Muckley, Muckall, Barrow, Walton, and Atterley, and in the parishes of Morvill, Oldbury, Round Acton, Much Wenlock (except a messuage and farm in Much Wenlock called Woodhouse fields), Barrow, Astley and Tassley and chapelwick of Aston co Salop or in the parish of Bachwell co Somerset, in trust:- (a) as to the manors of Morvill, Walton and Oldbury, capital messuage demesne, park, and property in Morvill (except estates in the chapelwick of Acton in the parish of Morvill) Oldbury, Astley, Tasley and Backwell, to the intent that Langdale and his wife and the survivor might receive during the life of Sir Richard Acton a yearly rent charge of £300 clear, and subject to this to the use of Sir Richard Acton and assigns for his life, remainder to trustees to preserve etc. remainder to use of his sons on the body of his present or any future lady in tail male, remainder to trustees to be nominated by Acton and Langdale for 99 years or joint lives of Philip and Elizabeth, with remainder to use of Langdale and assigns during the joint lives, remainder to trustees to preserve etc; after in case Philip survive Elizabeth and there by one or more children then living, to use of him and his assigns for his life; in case he should survive and there be no child living, then as in that event he would become entitled in right of his wife, subject to proviso, to £9000 (part of her £10,000), to the intent that there should be payable to him for life out of the property a yearly rent charge of £300 clear. Covenants to be inserted for securing this. In case Elizabeth should survive Philip, without having any son then living or born in due time after, then the property should be limited to use of her and her assigns for her life; if there should be one son and no other child, then there should be payable to her for life £900 rent charge; if there should be a son and other children living, then there should be payable to her a rent charge of £800 clear and subject to this, trustees to be nominated for term of 100 years in trust to secure rent charges, with remainder to other trustees to be nominated for term of 400 years from death of Sir Richard Acton and failure of male issue of his body, on trusts, with remainder to first and other sons of Philip and Elizabeth in tail male, remainder to other trustees for term of 600 years, remainder to Sir Richard Acton his heirs and assigns for ever. The term of 99 years to vest in trustees to be nominated upon trust to raise and pay Elizabeth or her nominee a yearly rent of £210 during the joint lives of herself and Philip, to commence from death of her father and failure of his issue male. After payment, trustees to allow Langdale to receive remainder of profits. Term of 400 years to be limited to trustees upon trust in case Sir Richard Acton should die without issue male living or having a son or sons all of them should die without issue male before attaining the age of 21 and in case there should be an eldest son of the body of Philip on the body of Elizabeth and younger children, to raise after the death of Sir Richard and failure of issue male and after the death of Philip, as portions for such younger children, £8000 for 1 child, £1500 if more than one, to be paid in equal shares (to sons at 21, to daughters at 21 or marriage) - should the sons attain the age of 21 or the daughters 21 or marriage before the death of Sir Richard or in the lifetime of Philip, such shares should be considered as vested and transmissable interest payable at the end of 6 months from the decease of the survivor R or P. with interest from that event at 4% - usual clauses as to survivorship to be inserted.

No child to be entitled to any sum greater than £8000 as portion. Trustees to be empowered to raise money for their maintenance until the portion became payable.

The term of 600 years limited to trustees in case Sir Richard Acton should die without issue male living or having issue male if all such should die without issue before the age of 21, and also in case there should be no issue male between Philip and Elizabeth or such issue should die before the age of 21, and if there should be daughters only - in this case the daughters' portions (raised as above) to be £10,000 for one daughter or £20,000 for more than one, equally divided, payable as before, only 12 not 6 months allowed for payment - maintenance etc as above.

Acton if he survive Lady Anne to have the power to appoint by deed £200 p.a. payable after his death for the benefit of any other woman or women with whom he may intermarry, for the life of such wife in bar of dower. Elizabeth if she survive her husband and after the death of her father without issue male to have power to grant a rent charge of up to £200 p.a. payable after her death as provision for any 2nd husband for his life and also to charge by deed or will the property with up to £2000 for portions for children by a 2nd husband.

(b) As to the manors of Round Acton, Walton Atterley and Barrow, and property in Round Acton, Much Wenlock (except Woodhouse Fields), Barrow and the chappelwick of Aston, to trustees to be nominated by Sir Richard Acton for term of 500 years in trust, after to use of Sir Richard for life, trustees to preserve etc, remainder to use that in case he should have issue male living at the time of his decease, there should be payable to Elizabeth and her assigns for her life a rent charge of £300. A term of years to be created comprizing the last mentioned property to secure this payment, with a proviso to discontinue payment and exonerate the property as soon as the property covenanted to be settled as before or any rent charges on it become vested in or devolve upon Philip Langdale and Elizabeth (except the rent of £100 during the life of Sir Richard Acton), the property so chargeable to use of 1st and other sons of Sir Richard in tail male, remainder to first and other sons of Philip Langdale and Elizabeth in tail male, remainder to right heirs of Sir Richard Acton. Proviso that in case Philip should have no issue male by Elizabeth living at the death of Sir Richard Acton or in case such issue should die without issue male either in the lifetime or after the death of Sir Richard Acton, then the latter should have power by deed or will to limit any of the last mentioned properties for the benefit of such person or persons as he shall see good, the freehold to be vested in some proper person to preserve the limitations in tail whilst contingent, with other safeguards and provisions in case of default of appointment and as to any part of the estate on which no appointment should be made and in the mean time. The settlement to contain a power to enable Sir Richard Acton, without prejudice to the rent charge of £300 or the term of 500 years to raise £20,000, to grant rent charges for the benefit of any persons for his or their lives, these annuities in the whole not to amount to more than £400 p.a. Power for trustees in appropriate circumstances to raise £9000 and no more for the benefit of Philip Langdale and his representatives, within 12 months of death of Sir Richard Acton. In certain circumstances the £9000 and the £10,000 to which Elizabeth may be entitled are to sink into the estate.

Philip Langdale is seized in certain properties covenanted to be settled in fee simple, subject to a mortgage in fee to Charles Allanson of Bramham Biggin co York esq to secure £5000 and interest at 4% and also subject to rent charges amounting in all to £100 p.a. for the benefit of Mrs Ann Langdale and Mrs. Elizabeth Langdale for their respective lives He owes by bond, notes and otherwise £4000 - total charges on estate £9000.

Cons: provision for paying off these, the marriage and making a jointure for Elizabeth and the £1500 paid and the above provisions. Covenant that he, his heirs and all other persons having or claiming any estate in the property in trust for him (except Charles Allanson in respect of the mortgage) should within 6 months from the marriage at his cost convey to Acton and Stourton or other trustees nominated by both parties, the manors of Houghton and South Cliff, co Yorks, and property to uses defined

The marriage was solemnized soon after these articles.

No settlement has yet been made.

Consideration the marriage and settlement intended to be made

Sir Richard Acton conveys to Stourton and Ottley the property to have been conveyed to Acton and Stourton as (a) under the articles above to uses as there set out as to the £300 rent charge; subject to this rent charge, the same property to use of Hill and Fraine for term of 80 years on trust and in case Elizabeth survive Philip without having any son by him living at the time of his death, then from deaths of Sir Richard and Philip to use of Elizabeth for life and as set out in articles as to rent charges of £900 or £800; from determination of the term of 100 years, to use of Talbot and Stackhouse as trustees nominated by Acton and Langdale, for term of 400 years on trusts, remainders as set out in articles, the term of 99 years as limited in articles as to the rent charge of £210, with further trust to secure payment of the £900 or £800, and power to raise portions for younger children or daughters as in articles; term of 600 years limited to Talbot and Stackhouse to uses as in articles, with provision Sir Richard Acton or Elizabeth to grant rent charges up to £200 under circumstances as in articles.

He conveys property as (b) under the articles to Mytton and Eyton, trustees nominated by Acton only, for term of 500 years from the marriage on trusts and with remainders as in articles; subject to this to use of Hill and Fraine for term of 70 years on trusts and in the meantime to use of sons in tail (as in articles) with powers to appoint as in articles. After the death of Sir Richard Acton, property comprised in (b) Stourton and Ottley to stand seized to use of Elizabeth and assigns until birth of issue male and also from death of such male issue until birth of other male issue, from determination of this estate to use of Stourton and Ottley for the term of her interest through defect of issue and in trust to preserve etc. Term of 500 years limited to Mytton and Eyton on trust to raise £20,000 as in articles, term of 70 years limited to Hill and Fraine on trust to secure payment to Elizabeth of the £300 rent charge, with powers for Sir Richard Acton to grant rent charges as in articles, and provision for not raising the £9000 or £10,000 under certain circumstances.

Further consideration - the marriage, provision for paying off Langdale's debts, the £1500 and jointure for Elizabeth.

Settlement of his Yorkshire estates as provided for in articles (full details)

Witnesses:- W. Moore, John Southern, A. Ottley clerk, John Hinckesman, James Grey, E. Farmer, William Thistlethwaite, James Tilbury.

Deed acknowledged by Sir Richard Acton at Aldenham 21st October, 1782 before Robert Pemberton a Master in Chancery Extraordinary; inrolled in Chancery 12th March, 1783.

Copy attested 15th January, 1792 by Charles Potts and Stephen Leeke, attornies in Chester.