Contents
Heading
| Title | The Manor of Shadwell’s otherwise Cockerell’s in Morley: Proceedings had & taken |
| Date | September 3rd 1870 |
| Steward | Matthew Sallitt Emerson |
| Location | Office of Messrs Emerson & Sparrow in the Parish of St. Stephen, Norwich |
| Page numbers in Court Roll | 277 – 289 |
Property
| Person surrendering property | Proclamations | Date of the Copyhold | Beneficiary | Attorney | Identification of property | Rent | Fine |
|---|---|---|---|---|---|---|---|
| The Right Honorable Baron Wodehouse enrollment of Disentailing Deed dated June 15th 1870 for barring the Copyhold equitable estates or estates in tail male | Alexander Woods, Gentleman |
The Disentailing Deed
Summary
Prior to the marriage of Baron Wodehouse to Lady Florence Fitz Gibbon (daughter of the Earl of Clare), a settlement was agreed between various parties which is recorded in an indenture dated August 14th 1847. Whilst this indenture is quoted at length in the current Court Roll, it is not complete. In particular, the schedule of properties in scope, to which reference is made, is not reproduced in the Court Roll.
One of the key purposes of this Disentailing Deed (repeated a few times in the course of the indenture) was to break the agreement that property would pass only to male heirs of the Earl of Kimberley. The purpose of this would have been to prevent the break-up of the estate, thereby maintaining the wealth and influence of these members of the aristocracy and landed gentry.
The use of Deeds of Disentailment was introduced by The Fines and Recoveries Act of 1833.
The text
The text has been transcribed unchanged apart from
- the addition of punctuation;
- numbers have been transcribed as numbers, not written out in full as in the source document;
- dates are not written out in full;
- starting new lines to improve readability.
This Indenture made June 15th 1870 between
– The Right Honorable John Earl of Kimberley of Kimberley of the first part;
– The Honorable John Wodehouse, commonly called The Right Honorable Baron Wodehouse (the eldest son and heir apparent of the said John, Earl of Kimberley) of the second part; and
– Andrew Alfred Collyer-Bristow1 of No 4, Bedford Row, Middlesex, Gentleman, of the third part;
Whereas by an Indenture dated August 14th 1847 and expressed to be made between
– The said John Earl of Kimberley (then The Right Honorable John Baron Wodehouse) of the first part;
– The Right Honorable Florence, Countess of Kimberley (then Florence Fitz Gibbon, Spinster) of the second part;
– The Right Honorable Anthony Henley Baron Henley and The Right Honorable John Earl of Clare in Ireland and Baron Fitz Gibbon in England of the third part;
– David Graham Drummond commonly called Lord Ogilvy and the Rev. Henry Hely Hutchinson of the fourth part; and
– The Rev. Alfred Wodehouse and the Right Honorable Andrew Rutherford of the fifth part
(being a settlement made previously to, and in consideration of, the Marriage then intended and afterwards solemnized between the said Earl & Countess of Kimberley):
The Hundred Manors or Lordships, Advowsons, Rectories, Fairs, Markets, Tolls and customs messuages, Mills, lands, tenements and hereditaments comprised in the First Schedule thereunder written2 (except such and so many and such part of the said Messuages, lands, tenements and hereditaments as were copyhold or customary tenure) with the rights, easements and appurtenances were limited and assured from and after the solemnization of the said then intended marriage (subject nevertheless as to the hereditaments comprised in the second part of of the said First Schedule thereunder written) to a yearly sum of £2,000 payable to Anne Wodehouse, the Mother of the said John, Earl of Kimberley during her life by virtue of an Indenture April 2nd 1825, in the Indenture now in recital more particularly described, and to a term of 200 years by the said Indenture of April 2nd 1825 created for securing the same yearly sum
And to a sum of £20,000 by virtue of the said Indenture of April 2nd 1825 raiseable for the portion3 of the Honorable Henry Wodehouse, the Brother of the said John, Earl of Kimberley, and to a term of 1,500 years by the same Indenture limited upon the trusts thereby declared for raising the said portion
To the use of the said John, Earl of Kimberley and his assigns during his life without impeachment of waste4 with remainder
To the use and intent that the said Florence, Countess of Kimberley (in case she should survive the said John, Earl of Kimberley) and her assigns during her life might receive a yearly rent charge of £2,000, with the usual powers of distress and entry for recovering payment of the said rent charge when in arrear with remainder
To the use of the said David Lord Ogilvy and Henry Hely Hutchinson, their executors and administrators and assigns for the term of 300 years from the death of the said John, Earl of Kimberley
Upon the trusts thereby declared for further securing the payment of the said rent charge of £2,000
And after the expiration or determination of the said term of 300 years and in the meantime subject thereto and to the trusts thereof
To the use of the said Alfred Wodehouse and Andrew Rutherford, their executors, administrators and assigns of the term of 3,000 years from the death of the said John, Earl of Kimberley
Upon the trusts thereby declared for raising the sums of £10,000, £20,000 or £30,000 as the case might be for the portion or portions of the child or children of the said then intended Marriage (other than an eldest or only son) with such provisions for the maintenance and education of the same child or children as are therein mentioned
And after the expiration or determination of the said term of 3,000 years and in the meantime subject thereto and to the trusts thereof
To the use of the first and every other son of the said John Earl of Kimberley by the said Florence Countess of Kimberley successively according to their respective seniorities in tail male with remainder over
And by the said Indenture now in recital, the said John Earl of Kimberley covenanted with the said Henley Lord Henley and John Earl of Clare that in case the intended Marriage should be solemnized within six months, after solemnization thereof
He the said John, Earl of Kimberley, or his heirs and all other parties would do, execute and make all such acts, deeds and surrenders as should be deemed necessary for effectually barring all the estates in tail male or in tail of him the said John, Earl of Kimberley in such and so many and such parts if any of the Messuages, lands, tenements and hereditaments comprised in the said first schedule thereunder written as were of Copyhold or customary tenure and the remainders or reversions on the said Estate in tail male or in tail expectant or depending and for vesting the same in the said Anthony Henley Lord Henley and John Earl of Clare for an estate of inheritance in or as of fee simple in possession according to the custom of the several Manors of which the said Copyholds might be held
Upon trust and for such trusts, intents and purposes and with, under and subject to such powers, provisoes, agreements and declarations as agreed being had to the different nature of the respective tenures of freehold and copyhold property should nearest correspond with the uses, trusts, intents, purposes, powers, provisoes, agreements & declarations (except the said terms of 300 & 3,000 years thereinbefore respectively)
To, upon, for, with, under and subject to which the said Hundred Manors, hereditaments and premises would by virtue of the Indenture now in recital stand limited and settled after the solemnization of the said then intended marriage
And whereas the said John Baron Wodehouse is the eldest son of the said John Earl of Kimberley by the said Florence, Countess of Kimberley, and attained the age of Twenty one years on December 10th 1869;
And whereas the said Copyhold or customary hereditaments were not surrendered in pursuance of the said covenant in that behalf contained in the hereinbefore recited Indenture of August 14th 1847 and the said John, Earl of Kimberley, is now tenant in fee simple thereof on the Rolls of the Manors whereof the same hereditaments are respectively held, but it is believed that the said John, Earl of Kimberley, may by virtue of the said Indenture of April 2nd 1825 or otherwise be tenant in tail male or in tail equity of the said copyhold or customary hereditaments or some part or parts thereof;
And whereas the said Anthony Henley, Lord Henley, as the surviving Trustee of the powers of sale, exchange and enfranchisement contained in the said Indenture of August 14th 1847 is possessed of a sum of £639 2s 8d of 3% Bank Annuities standing in his name, purchased with monies which have arisen from sales, exchanges or enfranchisements made in exercise of the powers in that behalf contained in the same Indenture and such sum is accordingly by virtue of the provisions in that behalf in that same Indenture contained liable to be sold and the produce thereof laid out in the purchase of hereditaments to be settled
To the uses and upon the trusts by the said Indenture of August 14th 1847 limited & declared concerning the said hereditaments thereby limited & assured as aforesaid;
And whereas the said John, Earl of Kimberley, is desirous of barring the equitable estates or estate in tail male or in tail (if any) him the said John Earl of Kimberley under the said Indenture of April 2nd 1825 or otherwise in the said copyhold or customary hereditaments
And the said John Baron Wodehouse with the consent of the said John Earl of Kimberley is desirous of barring the Estates in tail male under the hereinbefore recited Indenture of August 14th 1847 and all other estates tail (if any) of the said John Baron Wodehouse in the Hundred Manors or Lordships, Advowsons, Rectories, Fairs, Markets, Tolls and customs, messuages, Mills, lands, tenements and hereditaments (whether of freehold or copyhold tenure) hereinbefore referred to and hereinafter expressed to be hereby granted respectively
And also in the said sum of £639 2s 8d of 3% Bank Annuities and all remainders, reversions, estates, rights, titles, interests and powers to take effect after the determination or in defeazance5 of such estates in tail male or estates tail (but subject, and without prejudice, as in the hereinbefore recited Indenture of August 14th 1847 was expressed as aforesaid and to the uses and estates respectively limited by the said Indenture of August 14th 1847 which are prior to the Estates thereby limited to the first son of the said John Earl of Kimberley by the said Florence, Countess of Kimberley and to the powers annexed to preceding uses and estates and to the uses and estates limited in exercise of such powers and the said John Earl of Kimberley and John Baron Wodehouse are desirous of assuring the same premises respectively
To the uses upon the trusts and in manner hereinafter expressed and appearing but subject and without prejudice as hereinbefore mentioned except that the joint power of appointment hereinafter limited to the said John Earl of Kimberley and John Baron Wodehouse shall overreach the estate limited by the said Indenture of August 14th 1847 to the said John Earl of Kimberley and his assigns for his life and the powers annexed to such use of estate
Now this Indenture witnesseth that for effectuating the said desire and in … consideration of the premises
He, the said John Earl of Kimberley as Protector of the settlement testified by his executing these presents,
Doth hereby grant, dispose of and confirm unto the said Andrew Alfred Collyer-Bristow and his heirs
All that and those the Hundred Manors or Lordships or reputed Manors or Lordships, Advowsons, Impropriate Rectories, Fairs, Markets, Tolls and customs, Messuages, Mills, Lands, Tenements and hereditaments comprised in the said First Schedule written under the said Indenture of August 14th 1847 (Except such and so many and such parts of the said Messuages, lands, tenements and hereditaments as are of copyhold or customary tenure and except such and so many and such parts as have been granted by way of Enfranchisement in exercise of the aforesaid power in that behalf of the hereditaments comprised in the said Indenture of August 14th 1847 and except such parts of the same hereditaments as may have been sold or given in exchange in exercise of the aforesaid powers of sale and exchange in the said Indenture contained)
And also (by way of conveyance and not of exception), All the freehold hereditaments which have been received by way of exchange under the said Power of exchange contained in the said Indenture of August 14th 1847 or have been purchased and settled by reference to the same Indenture including particularly all Lands in Copyhold of any Manor comprised in the same Indenture and the Copyhold interest which has been so settled or has been purchased to be extinguished
And all other the freehold lands, tenements and hereditaments (if any) which by any means or in any manner are now subject at Law or in Equity to the subsisting uses of the said Indenture of August 14th 1847
Together with all franchises, buildings fixtures, fences, commons, ways, watercourses, rights, privileges, easements, advantages and appurtenances whatsoever to the said Manors or Lordships, Messuages, farms, lands, tenements and hereditaments or any of them or any part thereof now or heretofore enjoyed or reputed as part or member thereof or appurtenant thereto
And all the estate right, title, interest, claim and demand of them the said John, Earl of Kimberley, and John, Baron Wodehouse, and each of them in, to and upon the same premises
To have and to hold the said Hundred Manors, Lordships, Advowsons, Rectories, Fairs, Markets, Tolls, Customs, Messuages, Farms, Lands, Tenements and hereditaments and all other the premises hereinbefore expressed to be hereby granted Unto the said Andrew Alfred Collyer-Bristow and his heirs (subject and without prejudice as to the Premises affected thereby to the said yearly sum of £2,000 payable to the said Anne Wodehouse during her life as hereinbefore mentioned and to the said term of 200 years for securing the same and also to the said sum of £20,000 raiseable for the portion of the said Henry Wodehouse as hereinbefore is mentioned and to the said term of 1,500 years for securing the same
And also subject and without prejudice to the uses and estates respectively limited by the said Indenture of August 14th 1847 which are prior to the estate thereby limited to the first son of the said John Earl of Kimberley by the said Florence, Countess of Kimberley (other than the use or estate limited to the said John Earl of Kimberley and his assigns for his life) and to the powers annexed to such preceding uses and estates and the uses and estates limited in exercise of such powers
But freed and discharged from the said Estate in tail male and all other estates tail of the said John Baron Wodehouse and all remainders, reversions, estates, rights, titles, interests and powers to take effect after the determination or in defeazance of such Estate in tail make or estate tail
To such uses upon such trusts and with and subject to such powers, provisoes, agreements and declarations as the said John Earl of Kimberley and John Baron Wodehouse shall by any Deed or Deeds with or without power of revocation and new apportionment from time to time jointly appoint
And in default of and until such appointment and so far as no such appointment shall extend
To the uses upon the trusts and with, under and subject to the powers, provisoes, agreements and declarations which under and by virtue of the said Indenture of August 14th 1847 were subsisting or capable of taking effect immediately before the execution of these presents so as to restore and confirm the same uses, trusts, powers, provisoes, agreements and declarations
And this Indenture also witnesseth that in consideration of the premises and for the purpose of barring the said equitable estates or estates in tail male or in tail (if any) of him the said John Earl of Kimberley and also the equitable estate in tail male of the said John Baron Wodehouse and all other equitable estates tail (if any) of them or either of them in the said copyhold or customary hereditaments
He the said John Earl of Kimberley so far as relates to his equitable estate for life under the said Indenture of August 14th 1847 and also to his equitable estates in tail male or in tail (if any) in the same copyhold premises
Doth hereby (so as to pass the equitable estate but not to affect the legal estate or interest vested in him as Tenant on the Rolls of the Manors) grant and confirm and
He the said John Baron Wodehouse (with the consent of the said John Earl of Kimberley as Protector of the Settlement made by the said Indenture of August 14th 1847 testified by his executing these presents)
Doth hereby grant, dispose of and confirm unto the said Andrew Alfred Collyer-Bristow and his heirs
All such and so many and such part and parts of the Messuages, Mills, Farms, Lands, Tenements and hereditaments comprised in the said First Schedule written under the said Indenture of August 14th 1847 as are of copyhold or customary tenure (except such part thereof (if any) as has been sold or given in exchange under the said Powers of Sale and exchange in the same Indenture of August 14th 1847 contained)
And also (by way of grant and not of exception) All other copyhold or customary Messuages, Mills, farms lands, tenements and hereditaments (if any) to which the said John Baron Wodehouse is now entitled for an equitable estate in tail make by virtue of or by reference to the said Indenture of August 14th 1847
Together with all and singular commons and commonable rights, ways, paths, passages, rights, members and appurtenances whatsoever to the said Messuages, Mills, farms, lands, tenements and hereditaments belonging or in anyway appertaining
And all the equitable estate, right, title, interest, claim and demand of them the said John Earl of Kimberley and John Baron Wodehouse and each of them into and upon the Premises
To have and to hold the said copyhold or customary Messuages, Mills, farms, lands and hereditaments and all other the premises lastly hereinbefore expressed to be hereby granted unto and to the use of the said Andrew Alfred Collyer-Bristow, his heirs & assigns, subject and without prejudice as to the premises affected thereby to the said yearly sum of £2,000 payable to the said Anne Wodehouse as aforesaid and also to the said sum of £20,000 raiseable for the said Henry Wodehouse as aforesaid
And also subject to the estates and interest subsisting therein by virtue of the said Indenture of August 14th 1847 and which are prior to the estate in tail male of the said John Baron Wodehouse in the same premises (other than the estate for life of the said John Earl of Kimberley in the same premises) and all powers annexed to the same estates & interests respectively
But freed and discharged from the equitable estates or estate in tail male or in tail (if any) of him the said John Earl of Kimberley
And from the equitable estate in tail male and all other equitable estates in tail of the said John Baron Wodehouse and all remainders, reversions, estates, rights, titles, interests and powers to take effect after the determination or in defeazance of such estates in tail make or estates tail
Nevertheless upon such trusts and with and subject to such powers, provisions and agreements and declarations as shall as nearly as possibly (having regard to the different quality and tenure of the premises) correspond with the uses, trusts, powers, provisions, agreements and declarations hereinbefore limited, expressed, declared and contained or referred to, of and concerning the aforesaid freehold hereditaments hereinbefore expressed to be hereby granted
And this Indenture also witnesseth that for further effectuating the said desire and in consideration of the premises
He the said John Earl of Kimberley (so far as regards his estate for life in the monies hereinafter expressed to be hereby assigned)
Doth hereby assign and
He the said John Baron Wodehouse (with the consent of the said John Earl of Kimberley as Protector of the said Settlement testified by his executing these presents)
Doth hereby assign and dispose of unto the said Andrew Alfred Collyer-Bristow, his executors, administrators and assigns the said sum of £639 2s 8d of 3% Bank Annuities now in the name of the said Anthony Henley Lord Henley and arising from sales, exchanges or enfranchisements as hereinbefore mentioned and all and every other sum and sums of money or Bank Annuities subject to be laid out in the purchase of Hereditaments to be settled to the subsisting uses of the said Indenture of August 14th 1847 and the stocks, funds or securities in or upon which the said sum and sums or money are, is or may be invested
To have and to hold the said Bank Annuities and sums of money and all other the premises hereinbefore expressed to be hereby assigned unto the said Andrew Alfred Collyer-Bristow, his executors, administrators and assigns (subject to the rights and interests subsisting in the same premises by virtue of the said Indenture of August 14th 1847 immediately before the execution of these Presents and which precede the estate in tail male of him the said John Baron Wodehouse, except the estate for life of the said John Earl of Kimberley, and all powers to the same rights or interests respectively annexed
But freed and discharged from the equitable estates or estate in tail male or in tail of him the said John Baron Wodehouse and all remainders, reversions, estates, rights, titles, interests and powers to take effect after the determination or in defeazance of such estates in tail male or estates tail
Nevertheless In trust for the said John Baron Wodehouse, his executors, administrators and assigns
In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written:
Kimberley
Wodehouse
A. A. Collyer-Bristow
Footnotes
- Collyer-Bristows were solicitors. ↩︎
- Unfortunately, this schedule has not been copied into the Court Roll. ↩︎
- Portions were usually allocated in settlements for younger sons and daughters who were not expected to inherit the main estate. Portions were a lump sum payment which would be released to them on reaching the age of 21. ↩︎
- Without Impeachment of waste means not doing anything that would reduce the value of the estate. ↩︎
- Defeazance in law is the action or process of rendering something null and void. ↩︎
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| 4/1/24 | Published IMG_20241210_115306 |
Deopham History 