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Settlement in Trust: Court Farm, Broadway
Description
Indenture tripartite between Walter Savage the elder of Broadway, Worcs., esquire of the first part, Sir Richard Cocks of Dumbleton, Glos., baronet, John Cocks of the City of Gloucester, esquire and Richard Freeman of Battesford, Glos., esquire of the second part, and Walter Savage the younger esquire, son and heir apparent of the said Walter Savage the elder, Walter Savage, the youngest son and heir apparent of the said Walter Savage the younger and William Savage the elder of Broadway, gentleman, second son of the said Walter Savage the elder of the third part. The said Walter Savage for the settling of the messuage, lands etc. hereafter mentioned in the blood of him the said Walter Savage and to and for the uses herein after limited, grants to the said Sir Richard Cocks, John Cocks and Richard Freeman in their actual possession now being all that house called Broadway Court with all barns, stables, malthouses, dovehouses etc. also those enclosed viz. The Great Conygree with the grove - the Sheep Hay and Bayliffes Plack - the Walkmill Hay - the Fardroves in two parts with the grove adjoining - Calfhey in two parts with groves adjoining - The Langest with grove adjoining - one ground called Pooles Close - one ground called New Leasow grove - one ground called the Breach and grove adjoining - one close called Tuckmill Close with the pool and grove - one parcel of ground called the Shary with the Cunnigree Lane - together with all tythes growing upon all or any of the aforesaid premises and all other tythes belonging to the said Walter Savage also one cottage and garden in the possession of Richard Walker - one cottage in the possession of Thomas Moore - one cottage and garden lately in the possession of William Muckly all which are in the town, precincts or liberty of Broadway to hold the same for following uses, viz. to the use of Walter Savage the elder for his life and after his decease to the use of the said Sir Richard Cocks, John Cocks and Richard Freeman for 5 years upon Trust to raise money to discharge all debts the said Walter Savage shall be engaged or bound with Walter Savage the younger, eldest son of the said Walter Savage the elder, and all other debts of the said Walter Savage senior and Walter Savage junior as the said Walter Savage senior shall by any writing signed and sealed in the presence of two or more witnesses direct and after payment of the said debts and the determination of said 5 years then for and concerning Deans meadow, Far Droves and the groves adjoining to the use of Walter Savage junior for 99 years and after the determination of that estate to the use of the said Walter Savage junior for life - concerning Broadway Court to the use of the said Walter Savage junior for life and then to said Sir Richard Cocks, John Cocks and Richard Freeman during the natural life of said Walter Savage junior - and as concerning the several closes called Deans meadow, the Far Droves and the two great groves to the said closes adjoining, and concerning the house called Broadway Court from and after the decease of the said Walter Savage the younger and after the respective determinations of the said several terms herein before limited, to the use and behoof of Walter Savage the youngest son and heir apparent of the said Walter Savage the younger for his natural life and from and after the determination of that estate to the use of the said Sir Richard Cocks, John Cocks and Richard Freeman during the natural life of the said Walter Savage the youngest for preserving and protecting the contingent remainders hereafter to be limited from being defeated or destroyed and to that purpose to make entry as occasion shall require but not to convert the rents or profits to their own use but in trust for the said Walter Savage the youngest and from and after the decease of the said Walter Savage the youngest then to the use of the first son of the body of the said Walter Savage the youngest and to the heirs male of the body of such son and for want of such issue to the use of the 2nd son and heirs male of his body and for want of such issue to the 3rd, 4th etc. to 10th and all and every other son or sons of the said Walter Savage the youngest lawfully begotten, and for default of such issue to the use of the 2nd son of the said Walter Savage the younger and his heirs male to the 3rd, 4th and 5th and every other son or sons and for default to the use of William Savage the elder, second son of the said Walter Savage the elder for his natural life and from and after the determination of that estate then to the use of Sir Richard Cocks, John Cocks and Richard Freeman and their heirs for and during the natural life of the said William Savage the elder for preserving and protecting the contingent remainders hereafter limited viz. from and after the decease of William Savage the elder then to the use of William Savage the younger his son and heir apparent and heirs male for default to the use of Henry Savage second son of the said William Savage the elder for his natural life and then to his heirs male - for default to the use of John Savage the 3rd son of the said William Savage the elder for his life and then to his heirs male - for default to George Savage the 4th son of the said William Savage the elder for his life and after to his heirs male - for default to the 5th son of the body of the said William Savage the elder and his heirs male and for default to the use of the 6th, 7th, 8th, 9th 10th heirs male and their heirs male and in default to the right heirs of the said Walter Savage the elder party to these presents for ever - proviso that the said Walter save the youngest when he shall have any estate in possession of the premises for his life that he shall have full power and authority by deed or deeds under his hand and seal in the presence of 3 or more credible witnesses to appoint to and for the use of or in trust for any woman or woman that shall be the wife of the said Walter Savage the youngest for their natural life in lieu of their jointure to take effect after the decease of the said Walter Savage the youngest - provides that it shall be lawful for Walter Savage the younger and Walter Savage the youngest during their respective lives at reasonable times to cut and take so much timber off the premises as shall be necessary for the repairing and supporting of the mills in Broadway commonly known as Broadway Mills. Signed Walter Savage. Witnesses: William Stephens, Thomas Hawkins, Luke Best and Arthur Muckloe. Endorsed by J. O. Halliwell-Phillipps 'Court Farm'.