Catalogue description Conveyance (Lease & Release) for a nominal consideration, with covenant to levy a fine

Lease for a year missing

(a) Charles Pearson of Chichester, esq., and w. Mary, (b) Robert Atkinson of Lincoln's Inn (co.Midd), gent., and Henry Burdon of Gray's Inn (co. Midd), gent., (c) John Farhill of Chichester, esq

Two messuages and farms and all lands belonging in Bosham and Pagham one being Ham Farm in Bosham; see (viii) below, nor ow late in occ. of John Hall and Charles Denley; and two messuages and farms and all lands belonging in Chidham, together with the tithes of corn arising in the parish of Chidham, and now or late in the tenure or holding of Richard Sone

From (c) at the request and by direction and appointment of (a), to (b) to the use of (c) for a term of 1,000 years and after the determination thereof to the use of (a) for their lives and that of the longer liver, then to the use of all the children of (a) for such estates as in (ii) below, and in default of such children to the use of such persons and for such estates as said Mary Pearson shall appoint, and in default thereof to the use of her heirs for ever

Covenant by (a) to levy a fine to (b) of the reversion in fee which (a), in default of any children have in the property, for the corroboration and strengthening the above term of 1,000 years and after the determination thereof, to the use of such persons and for such estates as said Mary Pearson shall appoint, and in default thereof to the use of her, her heirs and assigns for ever

Recites: (i) that at the time of the marriage of (a), the freehold and copyhold or customary estates of said Mary Pearson consisted of messuage with the stables, gardens, etc. in Chichester late in the tenure or occupation of Thomas Yates, esq., and then of Rev. Thomas Doyley, clerk, messuage and farm called Ham Farm in Bosham late in the tenure or occupation of John Hall and then of Edward Bennett, messuage and farm at South Mundham in Pagham late in the tenure or occupation of Charles Crocker and then of Charles Densley, two messuages and farms at Chidham being together with the tithes of corn arising in Chidham then in the tenure or occupation of Richard Sone, and three messuages and farms at Funtington and Bosham then in the tenure or occupation of Mr. Alderman Sone; (ii) that by indenture, 23 Jan. 1743/44, and by fine and recovery, the freehold part of the properties were settled upon said Charles Pearson for life, then to said Mary Pearson for life, then to all their children in tail general to take as tenants in common, and in default of such issue to such persons and for such estates as said Mary Pearson should appoint, and in default of such appointment to her right heirs, with agreement for settling to like uses her copyhold or customary properties, and with power for (a) to sell any of the freehold or copyhold or customary properties, the monies arising from such sales to be applied for the blank of £700 and £126. 1s. 1d. secured by certain mortgages and to apply the surplus in the purchase of other lands to be settled to the same uses; (iii) that the copyhold and customary estates of said Mary Pearson were duly settled; (iv) that on 10 July 1745 part of the estates were sold for £441. 2s. 0d., out of which £9 18s. 6d. being deducted for incident expenses, the residue, £431. 3s. 6d. was applied as in (ii) above; (v) conveyance, 10 Feb. 1745/6, for £840, from (a) to Rev. John Park and John Backshell of messuage with the stables, gardens, etc., belonging on N. side of the West Street, Chichester, late in the tenure or occupation of Rev. Thomas Doyley, LL.D., out of which £840 said Charles Pearson has received £268. 16s. 6d. (the remainder of the sum of £700 paid by him to Francis Sone, esq., on a mortgage of part of the estate of said Mary) and £19 18s. 6d. (the costs and charges of the sale), the remainder, £551. 5s. 0d. being applied as in (ii) above; (vi) that (a) requested the trustees of the settlement as in (ii) above to lend said Charles Pearson the sum of £551. 5s. 0d., to which the trustees consented, upon said Charles Pearson procuring (c) to be bond with him to them, by bond, 10 Feb. 1745/6, in the penal sum of £1,100 to secure repayment; (vii) that in Michaelmas Term 1745 (a) levied a fine to (c) of three messuages, four barns, two stables, one brewhouse, one wash house, two coach houses, one carthouse, one stable, one yard, two court yards, four gaterooms, five gardens, seven orchards, 50a. land, 20a. meadow, 20a. pasture and 10 a. wood in Chichester, Chidham, South Mundham in Pagham, Bosham and Pagham, and the tithes of all corn and grain yearly renewing in Chidham; (viii) that by indenture, 10 Feb. 1745/6, it was declared by (a) that this fine as to two messuages and farms (one called Ham Farm in Bosham, and the other in South Mundham in Pagham) then in the tenure of Charles Densley, and two messuages and farms in Chidham together with the tithes of corn arising in the parish of Chidham, then in occ. of Richard Sone should be to the use of (c), to secure the repayment of the sum of £551. 5s. 0d.; (ix) that this sum was not repaid and that the penal sum in the bond, as in (vi) above, was at law forfeited and the estate limited by the fine, as in (viii) above, to (c), became at law absolutely vested in him; (x) that it is apprehended that the fine, as in (vii) above, and the deed for declaring the uses thereof, as in (viii) above, operated to affect all the estates limited by (ii) above, and that all the powers created by (ii) were wholly destroyed; (xi) that (a) are desirous that the properties be settled to the uses and upon the trusts of (ii); (xii) that it is conceived that such settlement as is desired by (a) cannot now be effectually made without their levying a fine of the reversion of the property and cannot be properly done without the concurrence of (c); (xiii) that (a) have applied to (c) for his concurrence, and are desirous that such settlement be made as they have been married upwards of eight years and have yet had no issue

Signatures and seals (a) and (c)

Witnesses: J. Smith, William Milton