Catalogue description Marriage settlement between Sir Thomas Pettus of Rackheath, baronet, son and heir of Sir...

This record is held by Derbyshire Record Office

Details of D231M/T406
Reference: D231M/T406
Description:

Marriage settlement between Sir Thomas Pettus of Rackheath, baronet, son and heir of Sir Thomas Pettus late of Rackheath, baronet, deceased, Lady Elizabeth Pettus wife of the said Sir Thomas Pettus, one of the daughters of Sir Walter Overbury of Barton on the Heath, Warwickshire, esq., deceased, Edward Shepley of Rackheath, gent., Lionel Girling of the City of Norwich, Thomas le Crosse of Crostwicke, esq., John Knivett of Ashwell Thorpe, Norfolk and John Marsham of Euxton, Kent, by which, in consideration of the marriage of Sir Thomas and Lady Elizabeth Pettus and in full satisfaction of her dower, Sir Thomas has enfeoffed to Shepley and Girling (trustees), the capital messuage and chief mansion house in Rackheath with its appurtenances and the manors of Rackheath, Dakenham Hall, Burwood alias Burwells, Salhouse, Caister St Edmunds, Little Ellingham (with advowson of the churches at Caister and Little Ellingham), Marketshall and Wilton, with all rights, members, appurtenances, lands, tenements, meadows, pasture, feedings, woods, underwood, foldage, shack, heath, in Rackheath, Sprowston, Salhouse, Beeston, Crostwick, Wroxham, Little and Great Ellingham, Kingham, Scoulton, Stowe, Beckerton, Rockland, Caister, Stoke, Ambringhall, Poringhland, Markshall, Dunston, Swardeston, Keswick, Holy Cross and Thorpe: to various uses: the manor of Caister St Edmunds and the advowson of the church there, the capital messuage called Overhall now or late in the tenure of Matthew Barnes and all lands being in a lease to Barnes dated 30 Jan 1647 in Caister and Markshall and also a messuage with barns and stables in the occupation of John Sporle in Caister with all lands belonging, also a messuage now or late in the tenure of John Piper (6 acres), excepting all demesne lands of the manor of Caister St Edmunds other than that now in the farm of Matthew Barnes - to the use of Dame Anne Pettus for life, having been settled on her by the late Sir Thomas Pettus, remainder to the use of Sir Thomas Pettus for 99 years and at the expiration of this term to the use of Shepley and Girling on trust to preserve the contingent uses; the messuage and farm in Caister now or late in the tenure of William Brierton, the messuage or farm in Caister in the occupation of Henry Sporle in Caister, the messuage and land in the tenure of Widow Marten, a parcel of the premises in the occupation of John Roper and a messuage and farm in Caister in the occupation of Thomas Risling - to the use of Lady Elizabeth Pettus for her natural life for her jointure; a farm in Rackheath and Croswick in the occupation of William Alexander, messuage and farm in Rackheath in the occupation of John Messant, messuage and farm in Rackheath in the occupation of Francis Budding, messuage and farm in Rackheath in the occupation of Miles Campe, messuage and farm in Rackheath in the occupation of Joseph Middle, messuage or farm in Rackheath in the occupation of Henry Fiske, messuage and farm in Rackheath in the occupation of William Goldsmith, messuage and farm in Rackheath in the occupation of Henry Slipper and a messuage and farm in Salhouse, Wroxham and Rackheath now or late in the occupation of John Purtt - to the use of Lady Elizabeth Pettus for life if the Dame Anne Pettus shall live so long; the manor of Caister St Edmunds and the advowson of the church settled on Dame Anne Pettus - after her decease and that of Sir Thomas Pettus, to the use of Lady Elizabeth Pettus for life, for augmentation of her jointure; the manor of Little Ellingham, a messuage and farm in Little and Great Ellingham now or late in the tenure of Henry Prentice and a messuage and farm in Little and Great Ellingham now or late in the tenure of Andrew Beales - after the death of Sir Thomas Pettus to the use of le Crosse, Knivett and Marsham for 80 years; messuages and farms in Caister in the occupations of Matthew Barnes, John Roper and John Sporle (mentioned earlier) - after the death of Dame Anne Pettus to the use of le Crosse, Knivett and Marsham for 80 years; after the determination of all the uses and estates mentioned above, all the manors and premises mentioned above, to the use of the lawful male heirs of Sir Thomas and Lady Elizabeth Pettus in order of seniority; in default of issue, if Elizabeth is bearing a child at the time of the death of Sir Thomas, then to the use of Robert Houghton, esq., Jacob Preston, esq., and John Jeremy, clerk, until he shall be delivered or die; if a son then to the use of such son; in default of such issue to the use of any first son of any subsequent marriage by Sir Thomas and the lawful male heirs successively in tail of such first son; in default of such issue to the use of Augustine Pettus second brother of Sir Thomas Pettus for 99 years, and from the expiration of that term to the use of Shepley and Girling to preserve the contingent uses; after the decease of Augustine Pettus to the use of his lawful male heirs successively in tail; in default of such issue to the use of John Pettus third brother of Sir Thomas for 99 years, then to the use of Shepley and Girling to preserve the contingent uses and after the decease of John Pettus to the use of his lawful male heirs successively in tail; in default of such issue to the use of Sir John Pettus uncle of Sir Thomas Pettus for 99 years and then to the use of his lawful male heirs successively in tail; in default of such issue to the use of the right heirs of Sir Thomas Pettus for ever: with regard to the terms of 80 years, it is intended that all the daughters and younger sons of Sir Thomas and Lady Elizabeth Pettus should receive £100 annually for their maintenance and £5000 for his or her portion (if there is only one younger son or daughter): if there is more than one younger son or daughter then to the eldest daughter £60 annually and £2500 for her portion, to the second daughter £50 annally and £2000 for her portion, to the first younger son £60 annually and £2000 for his portion, and all other younger sons £40 annually and £1500 for their portion: once the money has been paid from the rents and profits of the various estates then the terms of 80 years to cease; the terms also cease if there are no younger sons or daughters

 

23 Jun

Date: 1656
Held by: Derbyshire Record Office, not available at The National Archives
Language: English

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