Catalogue description Marriage Settlement

This record is held by Shropshire Archives

Details of 465/307
Reference: 465/307
Title: Marriage Settlement
Description:

1) Timothy Seymor, mercer, of Shrewsbury, son and heir of Timothy Seymor, snr. late of Shrewsbury, mercer, deceased, and of Mary Seymor, deceased, late widow of T.S. snr. and sole daughter and heir of Richard Charleton, draper, late of Shrewsbury deceased.

 

Elizabeth Seymor the now wife of T.S. jnr, 1 of the daughters of Richard Russell, merchant of London,

 

Thomas Perkinson of Bishops Castle, Dr. in Phisick and Margarett his wife, 1 of the 4 daughters of T.S. snr.

 

John Jennings, grocer, of Shrewsbury and Anne his wife one of the 4 daughters of T.S. snr. Samuel Travers, gent. of Shrewsbury and Hester his wife, another of the daughters of T.S. snr. Ebenezer Travers, merchant of London and Sarah his wife the other of the 4 daughters of T.S. snr.

 

2) Richard Russell and Joseph Russell son and heir apparent of Richard Russell.

 

In consideration of a marriage between Timothy Seymor jnr. and Elizabeth his wife, and £1200 from R.R. to T.S. for a marriage portion of Elizabeth Russell, and in pursuance of the covenants in an indenture of 11th July last (465/306) before the marriage between T.S. (1) R. Russell, Joseph Russell and Elizabeth Seymor by the name of Elizabeth Russell, 1 of the daughters of R.R.

 

(2) The 1st parties covenant with the Russells to levy a fine before the end of next Easter term of the premises as in the Agreement (465/306); As to the property, except the capital messuage and manor lands to the use of T.S. for life; and the capital messuage and manor lands to the use of T.S. for 99 years if he so long live, and after the determination of that estate to the use of R.R. and J.R. for the life of T.S. to preserve the contingent use permitting T.S. during his life to receive the rents; and as to the capital messuage, messuage,lands and rents after the determination of the several estates so limited to the use of R.R. and J.R. for the life of Elizabeth in trust out of the rents to pay her £100 a year for her life at the 4 feast days named in the Agreement,with and disposing of the residue as in the Agreement with the proviso that if T.S. in the joint lives of him and Elizabeth settles on her for her life for her jointure other free lands or tenements in County of Salop of the yearly value of £120 of which no part shall consist of any mill or mills, house or houses other than the farmhouse(s) belonging to the lands, then the trust for raising the annuity of £100 shall be void; then the Russells shall stand seised of the capital messuage and manor lands in trust to permit the heir male of the body of T.S., and if none such heir, then the heir of the body of T.S. and in default of any such heir, then the executors and administrators of T.S. to receive all the rents and profits of the last mentioned premises during the life of Elizabeth; and as for the messuages and lands except the capital messuage and manor lands, after the determination of the several estates to the use of the Russells for 500 years, and after the determination of the 500 years to the use of T.S. his heirs and assigns for ever; and as for the capital messuage and manor lands after the determination of the several estates to the use of the heirs male of the body of T.S. and in case any woman who shall be the wife of T.S. is expecting a child by him at the time of his death, then to the use of R.R. and J.R. until she is delivered of such child or die, which shall 1st happen, in trust for preserving the contingent remainders, and if such child shall be a son to the use of such son(s) and the heirs male of such son or sons the elder being preferred before the younger; and in default of such issue to the use of the heirs of the body of T.S., and in default of such, then as to 1 4th part the whole in 4 equal parts to be divided of the capital messuage, lands and premises last mentioned to the use of Margaret the wife of Thomas Perkinson and her heirs for ever; and as to 1 other 4th part to the use of Ann, wife of John Jennings and her heirs for ever; and another 4th part to the use of Hester the wife of Samuel Travers and her heirs for ever; and the remaining 4th part to the use of Sarah the wife of Ebenezer Travers and her heirs for ever; and as for the term of 500 years, it is agreed that it was so limited on trust that in case the capital messuage and manor lands shall after the death of T.S. during the life of Elizabeth his wife by eviction or other lawful ways be recovered from R.R. and J.R. (to whose use the same is limited during the life of Elizabeth) then R.R. and J.R., shall after the death of T.S. mortgage or sell the term of 500 years in the premises on which it is limited to raise money to pay during the life of Elizabeth to her all such sums of money together with the yearly rents and profits of all the other premises hereby limited in use to the Russells for the life of Elizabeth, which shall not be evicted or recovered shall amount to the yearly rent of £100 and on trust that R.R. and J.R. shall raise and reimburse themselves all such further sums as shall be sufficient to defray the costs they shall be put to for any suits on which evictions or recoveries shall be had; provided in case the trusts re the 500 years shall be fully performed or in case T.S. in the joint lives of him and Elizabeth makes such settlement to the use of Elizabeth for her life, then in neither of the cases the term of 500 years in the messuages and lands whereof the term is limited or in so much as remains undisposed of for the purposes aforesaid shall cease and be void but without prejudice to any such mortgage or sale made in pursuance of any trusts declared re the term; Provided it may be lawful for T.S. by indenture to lease all or any part of the premises to any person(s) for any term not exceeding 21 years in possession and not in reversion, remainder or expectancy, so as on every such lease there be reserved and made payable during the continuance of such lease the best improved yearly rent that can reasonably be had without taking any money by fine or income and so as no such lease be made dispunishable of waste by any express clause or agreement, and so as in every such lease there be contained such provisoes and covenants on the tenants and lessees parts to be performed as in such cases are usual and so as the respective lessees in such leases do execute counterparts of the leases; and T.S. covenants with the Russells that the 1st parties or one of them stand lawfully seised in their or one of their demeane as of fee in all the messuages, lands, and tenements limited for 500 years, and as of fee or fee tail in possession with the immediate reversion or remainder in fee to them, some or one of them in all the messuages, and lands intended to be comprized in the fine or fines without any reversion,remainder, trust, limitation, power of revocation, use or any other restraint to alter, change, revoke,make void, lessen, incumber or determine the same and of such estate(s) therein shall continue to stand and be seised until the same shall be by virtue of these presents and of the fine covenanted to be levied be lawfully vested and estated in the Russells and their heirs to the said uses, purposes and on the said trusts, and all or one of the 1st parties has full power to convey all the property to be held peacefully free of former conveyances and incumbrances; and during the next 7 years the 1st parties at the request of the Russells and at the cost of T.S. will make a further assurance in the law provided the parties have to travel no further than the Cities of London and Westminster to do so; and none of the 1st parties have done anything whereby the property is charged incumbered or impeached.

 

Signed: Ri. Russell and Joseph Russell.

 

10 applied seals on parchment tags.

 

Endorsement: witnesses to sealing: John Travers, William Coleman.

 

Memorandum: 2nd June, 1716 between Mary Seymore, and Rebecca Seymore defts and Richard Rosewell infant plt.

 

"Then Shewed this Deed to Joseph Waite gent. at the time of his Examination before us: John Lacon, and Andrew Swift, snr. and Mathew Travers."

 

Docketed: (1) Mr. Seymor's Marriage Settlement.

 

Dated first day of January 1695.

Date: 1st January 1695/6
Held by: Shropshire Archives, not available at The National Archives
Language: English

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