Marriage Settlement: Middle Hill Estate, Broadway

Description

Settlement between Walter Savage the elder of Broadway, esquire of the first part, Walter Savage the younger, son and heir apparent of the said Walter the elder and Sarah, his wife of the second part and Richard Skippe of Dennington, Herefords., gentleman and Richard Freeman of Batsford, Glos., esquire of the third part. The said Walter Savage the elder for and in consideration of a Marriage already had and solemnised between the said Walter Savage the younger and Sarah, his wife and of the said sum of £1850 being part of the Marriage Portion of the said Sarah to him the said Walter Savage the elder by the said Walter Savage the younger agreed to be paid at or before the 1st May now next ensuing and for the settling and assuring of a Jointure and maintenance for the said Sarah in case she shall survive her said husband and to settle and establish all and singular the lands and tenements hereby granted and released to and for the several uses and purposes hereinafter limited and appointed, the said Walter Savage the elder grants to the said Richard Skippe and Richard Freeman two mills called the upper Mill and the lower Mill with appurtenances in Broadway and everything and things there, wish used and enjoyed in or about the said Mills in the Conygree Lane in Broadway in such manner as the tenants of the said Mills have used to enjoy the same and also those several Inclosures or Inclosed grounds commonly called or known by the names of the middle Hill, the Short Grove and Short Grove Pasture, the New Leasowe, the Hen Acres in two parts divided, the Little Conygree in two parts divided, the Corn Crofts and pooles in five parts divided, together with all and singular houses, edifices etc. to the said premises belonging and also all the estate, right, title, interest, property, claims and demands whatsoever of the said Walter Savage the elder of in or to the said premises, except and reserved to the said Walter Savage the elder such furzes growing or to grow upon Middle Hill as the said Walter Savage the elder should spend in his house at Broadway during his life with free liberty of ingress egress and regress for him the said Walter Savage the elder with servants carts and carriages to cut and carry away the same to have and to hold the said mills etc. to the said Richard Skipps and Richard Freeman to the use of the said Walter Savage the elder until the said Walter Savage the younger shall pay to the said Walter Savage the elder the sum of £1850 and from and after the payment of the said £1850 then to and for the several s hereafter declared viz. to the use of the said Walter Savage the younger during his natural life and after his decease to the use of the said Sarah his wife for her natural life for her jointure in lieu of all dower thirds which she may at any time hereafter have claim or demand out of any lands or tenements wherein the said Walter Savage the younger now is or hereafter shall be seised of any estate of inheritance and from and after the decease of the said Sarah to the use of the said Richard Skippe and Richard Freeman for 500 years to begin immediately after the decease of the survivors of the said Walter Savage the younger and Sarah his wife subject nevertheless to the Trusts, provisos and agreements hereinafter limited and from and after the expiration or other determination of the said terms to the use of Walter Savage the son and heir apparent of the said Walter Savage the younger and the heirs made of his body lawfully to be begotten and for the default of such issue to the use of George Savage second son of the said Walter the younger and the heirs male of his body lawfully to be begotten and for default of such issue to the use of the third son of the said Walter the younger and the heirs male of the body of the 3rd son lawfully to be begotten and for default of such issue to the use of the 4th, 5th, 6th, 7th, 8th, 9th and 10th and every other son and sons of the said Walter Savage the younger lawfully begotten or to be begotten and the respective heirs male of their bodies severally and successively one after another according to the priority of birth and seniority of age of such son and sons the elder of such sons and the heirs male of his body always to be preferred before the younger and the heirs male of his body and for default of such issue to the use of William Savage the elder, second son of the said Walter Savage the elder for and during his natural life and from and after his decease to the use of William Savage the younger the first son of the said William Savage the elder and the heirs male of his body lawfully to be begotten and for default of such issue to the use of the second son of the said William Savage the elder and the heirs male of the body of such second son lawfully to be begotten and for default of such issue to the use of the third son of the said William Savage the elder and the heirs male of the body of such third son lawfully to be begotten and for default of such issue to the use of the 4th, 5th, 6th, 7th, 8th, 9th and 10th and every other son and sons of the said William Savage the elder lawfully begotten or to be begotten and the respective heirs male of their bodies severally and successively one after another according to the priority of birth and seniority of age of such son and sons the elder of such sons and the heirs male of his body always to be preferred before the younger and the heirs male of his body and for default of such issue to the use of George Savage one other of the sons of the said Walter Savage the elder for and during his natural life and from and after his decease to the use of the first son of the said George Savage and the heirs male of the body of such first son lawfully to be begotten and for default of such issue to the use of the second son of the said George Savage and the heirs male of his body and for default of such issue to the use of the third son of the said George Savage and the heirs male of his body and for default to the use of the 4th, 5th, 6th, 7th, 8th, 9th and 10th and every other son and sons of the said George Savage and the respective heirs male according to the priority of birth and seniority of age and for default of such issue to the use and behoof of the heirs and assigns of the said Walter Savage the elder for ever - provided that the said term of 500 years limited to the said Richard Skippe and Richard Freeman their executors etc. is upon this special trust that in case the said Walter Savage the younger party to these presents depart this life having no issue male and having one or more daughters that then the said Richard Skippe and Richard Freeman etc. out of the rents seises and profits etc. of the premises shall raise the sum of £1850 to be paid to such daughter or daughters in such manner and times as the said Walter Savage the younger shall by his last Will and Testament or otherwise direct and appoint if the said Walter Savage the younger depart this life having issue male of his body and one or more daughters or one or more younger sons that then the said Trustees shall raise the sum of £1000 and no more to be paid to such daughters or younger sons as the said Walter Savage the younger shall direct provided always and it is agreed between the said parties to these presents that if such person or persons in whom the immediate remainder or reversions of the premises shall be vested expectant upon the said term of 500 years shall pay or cause to be paid unto the said Richard Skippe and Richard Freeman their executors etc. such of the said sums of £1850 or £1000 as shall be chargeable upon the premises by virtue of the limitations aforesaid for the use of such daughters or younger sons when the same shall become due as aforesaid that then the said Richard Skippe and Richard Freeman their executors etc. shall from thenceforth stand possessed or interested in the said term for 500 years in trust for the benefit of such person in whom the said remainder or reversion shall be vested and to attend the limitations aforesaid - provided also that if there shall be no such daughter or younger son living at the time of the death of the said Walter Savage the younger party to these presents nor any that shall be born after his decease then the said sums of money shall not be raised and then the said term shall cease. The said Walter the elder for self, heirs etc. covenants with the said Richard Skippe and Richard Freeman their heirs etc. that the said mills, lands etc. shall from time to time remain to the uses aforesaid free from all former and other gifts grants bargains made done or suffered by the said Walter Savage the elder. Signed: Walter Savage - seal lost, Walter Savage Junior - seal out of a ducal coronet a lion's jambe and Sarah Savage - seal lost. Witnesses: Thomas Savage, William Stephens, Richard Croft and Richard Clarke. Endorsed 'I doe hereby acknowledg yt I have receved the within mentioned sum of one thousand eight hundred and fiftie pounds in witness whereof I have hereunto put my hand the fift day of Aprill 1689'. Walter Savage in ye presence of Mary Savage, Joyce Savage and Richard Clarke. Endorsed by J. O. Halliwell-Phillipps 'Middlehill Estate'.