Contents
Heading
| Title | The Manor of Shadwell’s otherwise Cockerell’s in Morley: Disentailing Deed |
| Date | November 14th 1907 |
| Steward | – |
| Location | – |
| Page numbers in Court Roll | 150 – 153 |
Summary
Various settlements had placed restrictions on who could inherit the estate of the owners of Kimberberley Hall. The Indenture which the steward is asked to enroll nullifies the previous restrictions.
Property
No specific properties are referenced: a number of catch-all phrases are used in the Indenture to cover the Copyhold premises involved.
Details of the Indenture
The record in the Court Roll contains the following text; this has been slightly reformatted for clarity, but the text is unchanged.
This Indenture made the Fourteenth day of November 1907
Between
1) The Right Honourable John, Earl of Kimberley (hereinafter called Lord Kimberley);
2) The Honourable John Wodehouse M.P. (commonly called The Honourable John Lord Wodehouse), the eldest Son and heir apparent of Lord Kimberley and hereinafter called Lord Wodehouse; and
3) Charles Frederick Booth of No 4, Bedford Row, London, Solicitor.
Whereas under, or by virtue of the documents specified in the Schedule hereto (which documents are hereinafter individually referred to by the names opposite thereto in the said Schedule) or some of such documents and in the events which have happened, divers copyhold hereditaments which are held of divers manors stand settled (subject so far as the same premises are thereby respectively affected to the encumbrances hereinafter mentioned) upon trust for Lord Kimberley for his life with the remainder upon trust for Lord Wodehouse in tail male1 with divers remainders over;
And whereas Lord Kimberley is now tenant on the Rolls of the said Manors or some of them or all or some part or parts of the said hereditaments;
And Whereas it is apprehended that Lord Kimberley may by virtue of one or more of the prior settlements mentioned or recited in the settlement of 1870 or otherwise be in equity tenant in tail male or in tail of all or some of the said copyhold hereditaments so settled as aforesaid;
And whereas Lord Kimberley and Lord Wodehouse are respectively desirous of executing such disentailing assurance as is hereinafter contained and of assuring and limiting in equity the hereditaments hereinafter expressed to be hereby conveyed in manner hereinafter appearing.
Now this Indenture witnesseth that in pursuance of such desire and in consideration of the premises, Lord Wodehouse, with the consent of Lord Kimberley as Protector of the Settlement testified by his executing these presents hereby conveys and Lord Kimberley (so as to pass all equitable estates vested in him or which he has power to dispose of, but not so as to affect any legal estate or interest vested in him as tenant on the Rolls of the said Manors) hereby confirms unto the said Charles Frederick Booth
First, All & singular the messuages, lands, tenements, hereditaments and premises of copyhold tenure which in and by the Settlement of 1870 were settled, or covenanted to be surrendered, and have not since been sold or conveyed away;
Secondly, All and singular the messuages, lands, tenements, hereditaments and premises (if any) of copyhold tenure devised by the scheduled Will to the uses or upon the trusts of the Settlement of 1870, and
Thirdly, All other (if any) the hereditaments and premises of copyhold tenure which by means of any conveyance, assurance, exchange, partition, enclosure award, allotment or otherwise are now at law or in equity subject to the subsisting uses or trusts of the said settlement of 1870 (either as thereby originally limited or declared or as varied by the Marriage Settlement)
To hold the same unto the said Charles Frederick Booth and his heirs according to the respective customs of the several Manors of which the same respectively are parcel subject as to such of the premises as are thereby respectively affected to such of the prior charges in the Settlement of 1870 mentioned as are still subsisting, and to such charge in respect of death duties leviable on the death of the Right Honourable John, First Earl of Kimberley, as is now subsisting and to the annual and other sums charges by the Marriage Settlement but freed and discharged from all equitable estates in tail make or in tail (if any) of Lord Kimberley abd from all equitable estates in tail male or in tail of Lord Wodehouse and all estate, rights, interests and powers to take effect after the determination, or in defeazance2 of such estates in tail male or in tail or any of them nevertheless
Upon such trusts and with and subject to the powers and provisions which immediately before the execution of these presents were subsisting or capable of taking effect with reference to the said premises hereby conveyed respectively and so as to restore, confirm and continue the same trusts, powers and provisions.
In witness whereof the said parties to theses presents have hereunto set their hands and seals the day and year first above written:
The Earl of Kimberley;
Lord Wodehouse;
Frederick Booth.
The Indenture includes a schedule of documents which form the background to the present agreement:
| No. | Date of Document | Parties to Document | Name or description by which document is sometimes referred to in the above written Indenture | Name of Document |
|---|---|---|---|---|
| 1 | June 16th 1870 | 1. The Rt Honourable John, First Earl of Kimberley; 2. The Rt Honourable John, Second Earl of Kimberley (then & therein described as the Honourable Lord Wodehouse) 3. The Rt Honourable Anthony Henley, Lord Henley, Baron Henley (since deceased) and The Rt Honourable Edmond Robert Wodehouse Esquire (then Edmond Robert Wodehouse & therein by mistake called Edmund Robert Wodehouse) | The Settlement of 1870 | Resettlement of estates settled by the Marriage Settlement dated August 14th 18473 of the First Lord of Kimberley and settlement of fee simple estates of the same Earl of Kimberley. |
| 2 | June 19th 1875 | 1. The Rt Honourable John, Second Earl of Kimberley (the & therein described as The Honourable John Wodehouse); 2. The Rt Honourable Isabel Geraldine, Countess of Kimberley (then and therein described as Isabel Geraldine Stracey, Spinster); 3. The Rt Honourable John, First Earl of Kimberley; 4. The Rt Honourable George Watson, Earl Sondes (then Baron Sondes) and Edward Norris Wroughton. | The Marriage Settlement | Settlement on the marriage of the Second Earl of Kimberley with Miss Isabel Gertrude Stracey charging a jointure & portions & other sums on the premises comprised in the settlement of 1870 |
| 3 | May 24th 1901 | Will of the Rt Honourable John, First Earl of Kimberley | The Scheduled Will | This Will (which was proved on July 22nd 1902) contains a devise of certain hereditaments in the County of Norfolk to the Trustees of the Settlement of 1870 to the uses upon the trusts of the said Settlement. |
Footnotes
- In tail male: only male descendants of the original tenant in tail can succeed to the property. ↩︎
- Defeazance is a document that cancels the force or operation of another deed or estate. ↩︎
- There are lengthy quotations from this 1847 marriage settlement in a deed of enfranchisement referred to in the Court Roll for the Court of the Manor of Deopham Hall held on April 14th 1866 ↩︎
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| 23/10/24 | Published IMG_20240627_134417 |
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