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Freehold Titles (ERO D/DPr250 abstracts of titles to Hansers Hedge)

2.1.1739 (Tuesday 2 January 1739)

document 31800005

abstract if the title of Math Warren esq to a piece or parcel of freehold land called Hausers Hedge situate in Earls Colne 1.1.1739 and 2.1.1739 copy by indentures of lease and release of this date the release being in three parts made between Jn Wale junior Hezekiah Haines and Jn Holgate of second part and rev Thos Bernard of Earls Colne clerk and Ann Eldred of Colchester spinster only daughter then living of Jn Eldred late of Olivers deceased of the third part after reciting that a marriage was agreed upon and intended to be solemnized between the said Jn Wale a nd Ann Eldred it was witnessed that in view of the said marriage and for the settling of certain messuages lands and tenements of the said Jn Eldred in trust for the said Jn Wale and his heirs and of a certain sum of money making in the whole the sum of 3000li to be received as the marriage portion of the said Ann Eldred and for settling a jointure and provision for the said Ann Eldred in case she should survive the said Jn Wale and making a provision for the issues of the said marriage and in consideration of the sum of 10s to the said Jn Wale by the said Hezekiah Haines and Jn Holgate the receipt whereof was thereby acknowledged with other considerations therein mentioned he the said Hezekiah Haines and Jn Holgate in their actual possessions did amongst divers others transfer all that wood called Hausers Hedge and the reversion etc to hold the same with appurtenances unto the said Hezekiah Haines and Jn Holgate to the uses subject in the trusts herein after mentioned that is to the use of the said Jn Wale and his heirs and assigns until the said intended marriage and after the solemnization thereof to the use of the said Jn Wale for life without impeachment of waste and after the determination thereof to the use of the said Hezekiah Haines and Jn Holgate and their heirs during the life of the said Jn Wale upon trust to preserve contingent remainders and from and after the decease of the said Jn Wale as to for and concerning all that capital messuage called Colne Priory therein meant and a piece of meadow lying on the north side of the gardens and adjoining to the river on the east side and the dovehouse and yards on the west side and there and every of their appurtenances to the use of the said Ann Eldred and her heirs for life and from and after the decease of the said Jn Wale as to for and concerning all and singular the said hereditaments and premises herein before mentioned and intended to be hereby granted and released and in which the said wood called Hausers Hedge was included to the use and intent and purpose that the said Ann Eldred might receive out of the same premises one annuity or yearly rent charge of 250li for her life in bar and satisfaction of dower and as for and concerning all and singular the said messuages mills farms lands tenements hereditaments and premises therein mentioned other than the manors or lordshi ps woods and capital messuage called Colne Priory and the appurtenances from and after the several deceases of Jn Wale and Ann Eldred and the survivor of them to the use of the said Thos Bernard his executors administrators and assigns for and during the term of 500years without impeachment of waste for raising portions for younger children as therein mentioned and as for and concerning all that capital messuage called Colne Priory there mentioned with the buildings yards gardens piece of meadow and appurtenances thereto belonging from and after the decease of the said Jn Wale and Ann Eldred and the survivor of them to the use of such son of the body of the said Jn Wale upon the body of the said Ann his intended wife to be begotten for such estate and in such manner and form as the said Jn Wale should by any deed or writing by him executed in the presence of two or more credible witnesses or by his last will and testament in writing direct or appoint and for want of such direction or appointment to the use of the first son of the body of the said Jn Wale on the body of the said Ann Eldred his intended wife to be begotten and the heirs of the body of such first son lawfully issuing and for default of such issue to the use of the second third fourth fifth and all and every son and sons of the body of the said Jn Wale on the body of the said Ann his intended wife to be begotten successively and in remainder as they shall be in seniority of age and priority of birth and of the several and respective heirs of the body and bodies of all and every such son and sons lawfully issuing the elder of such sons and heirs of his body issuing to take before the younger of such sons and the heirs of his and their bodies respectively issuing and for default of such issue to the use of the said Jn Wale his heirs and assigns forever and as for and concerning the manors or lordships rectory impropriate advowson mills and messuages farms lands woods tithes tenements and all and singular hereditaments etc whereof the use was therein before limited to the said Jn Wale for life charged with the said annuity of 250li as aforesaid from and after the decease of the said Jn Wale to the use of the first son of the bo dy of the said Jn Wale on the body of the said Ann Eldred his intended wife to be begotten etc for want of such son to the use of the second third fourth and all and every the son and sons of the body of the said Jn Wale etc and for want of such issue to the use of the said Jn Wale his heirs and assigns forever subject to the said term of 500yrs before mentioned and it was thereby declared and agreed that the said term of 500yrs limited to the said Thos Bernard his executors administrators and assigns was so limited to him upon trusts therein after mentioned that is to say upon trust that in case the said Jn Wale should die without issue male by him begotten on the body of the said Ann and should have one or more daugh ter or daughters of their bodies begotten born or to be born at the time of his death that the said Thos Bernard his executors and administrators should by sale or lease or mortgage of all or any of the said premises thereby limited to him as assignee or by or out of the rents and profits of the same until such sale lease and mortgage thereof levy and raise for the portion of all and every such daughter and daughters such sums of money as are therein after mentioned that is to say if more than one daughter the sum of 4000li to be paid and divided amongst them at such time and in such proportions as the said Jn Wale should by any deed or writing or by his last will and testament direct and appoint and for want thereof then the whole sum of 4000li should be paid and divided amongst them share and share alike at their respective ages of 21yrs or day of marriage with such benefit of survivor ship as therein mentioned and in case the said Jn Wale should have but one such daughter then the said trustee should by the means aforesaid raise the sum of 3000li for only for the portion of such only daughter to be paid to her at the age of 21yrs or day of marriage which should first happen and it was therefore declared and agreed that the said trustee until a portion or portions of such daughter or daughters should become necessary to be raised should and might out of the rents and profits of the said estate raise any sum or sums of money not exceeding the rate of 4li for every 100li by the year for the maintenance and education of such children and in the now abstracting indenture is contained a proviso for the said Jn Wale and all and every the said trustees to grant leases of the said hereditaments and premises for the term of 21yrs covenant by the said Jn Wale his heirs executors and administra tors that he was lawfully seised of all and singular the said premises before mentioned and for further assurance this is duly executed by all parties and attested