The Duke of Newcastle v The Countess of Lincoln
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1797 |
| Date | 01 January 1797 |
| Court | High Court of Chancery |
English Reports Citation: 30 E.R. 1068
HIGH COURT OF CHANCERY
See Rowland v. Morgan, 1848, 6 Hare, 468; Ld. Scarsdale v. Curzon, 1860, 1 J. & H. 51; Martelli v. Holloway, 1872, L. R. 5 H. L. 546.
The Duke of newcastle v. The Countess of lincoln. Jan. 25th, 31st, Feb. 1st, June 3rd, 1797. [See Rowland v. Morgan, 1848, 6 Hare, 468 ; LA. Scarsdale v. Curzon, 1860, 1 J. & H. 51 ; Martelli v. Holloway, 1872, L. E. 5 H. L. 546.] Covenant in a marriage settlement to settle leasehold estates in trust for such persons and such or the like estates, ends, intents and purposes, as far as the law would allow, as declared concerning real estates limited to the first and other sons in tail male, with several remainders : the Court in executing the covenant declared, that no person should be entitled to the absolute property, unless he should attain twenty-one, or die under that age, leaving issue male. By indentures of lease and release, dated the 13th and 14th of May 1772, reciting, that in consideration of an annuity of 3000, to be paid to the Earl of Lincoln during the joint lives of the Duke of Newcastle and the Duchess Dowager of Newcastle, and a farther annuity of 1000 to be paid to him after the decease of the said Duchess during the joint lives of the Duke and the said Earl, and in consideration, that the Duke had expended upwards of 70,000 in building the mansion house at Clumber, which he had agreed to settle in manner thereinafter mentioned for the benefit of the Earl of Lincoln and his issue male after the decease of the Duke of Newcastle, for the residence and farther support of the [388] honor and dignity of the family in the descendants of the said Duke and the said Earl of Lincoln inheritable to the dukedom of Newcastle, and in consideration of the Duke's having engaged to settle for the like benefit of the said Earl certain messuages, lands and hereditaments in Aldborough in the county of York, of which he was seised in fee, and also his leasehold manor and lands of Newark in the county of Nottingham, holden by grant from the Crown, for the like benefit of the said Earl, as thereinafter mentioned, and for other considerations, the said Earl had agreed to join with the said Duke in suffering recoveries to bar the several estates and remainders, in tail vested in the said Earl and to take effect on the decease of the Duke, and for settling the inheritance of the premises therein particularly mentioned in manner thereinafter expressed, in order to continue the same in their blood and family, the said Duke and Earl did thereby grant and convey certain estates in the counties of Nottingham, York, Middlesex and elsewhere, unto John Bayner and his heirs, to make him a tenant to the Prcecipe, in order that recoveries might be suffered thereof, to enure, subject to the several annuities thereby granted, to the use of the Duke of Newcastle for life without impeachment of waste; remainder to the Earl of Lincoln for life ; remainder to his first and other sons in tail male ; remainder to Lord Thomas Pelham Clinton, second son of the said Henry Duke of Newcastle for life ; remainder to his first and other sons successively in tail male ; with divers remainders over; with a power to the Duke of Newcastle and the Earl of Lincoln jointly to revoke the uses declared and to appoint new uses ; and with a power.to the Duke of Newcastle of making leases ; and the Duke of Newcastle covenanted to convey the said manors and lands of Newark, that were granted by his present Majesty to the said Duke, to Sir John Shelly, to hold the same for the terms therein mentioned in trust for the said Henry Duke of Newcastle and his assigns for his life ; and after his decease in trust for the said Earl of Lincoln for the term of his life; and after his decease in trust for the first and every other son and sons of the said Earl of Lincoln successively as far as the law would allow. By indentures, dated the 19th and 20th of May 1775, reciting, that upon a treaty of-marriage it had been agreed, that the Duke of Newcastle and the Earl of Lincoln 3 VES. JITN. 389. NEWCASTLE (DUKE op) V. LINCOLN (COUNTESS op) 1069 should revoke the uses declared by the indentures of 1772 concerning the premises thereby granted and released, and should limit, appoint and settle, the same to the [389] uses after mentioned ; and that the Duke of Newcastle had not made any grant, assignment or transfer, of the lands at Newark, to Sir John Shelly pursuant to the covenant in the indentures of 1772, it was agreed, that the said Duke should grant, assign, transfer and assure, the said manor of Newark and other the leasehold premises, held of the Crown, in trust to and for the benefit of such person and persons, and for such intents and purposes, as thereinafter expressed concerning the same,; and it was witnessed, that the Duke of Newcastle and the Earl of Lincoln did thereby reyoke the uses of the indentures of 1772 ; and in consideration of an intended marriage between the Earl of Lincoln and Lady Francis Seymour Oonway and other considerations the said Duke of Newcastle and Earl of Lincoln did grant, release and.confirm, several estates in the counties of Nottingham, York, Middlesex, Surry, and Lincoln-, to trustees and their heirs, after the said marriage, subject to certain rent-charges and terms for years, to the use of .the Duke of Newcastle for life without impeachment of waste ; remainder to trustees to preserve contingent remainders ; remainder to trustees for 1000 years for securing portions for daughters and younger children; remainder to the Earl of Lincoln for life ; remainder to the first and other sons of the said marriage successively in tail male; remainder to Lord Thomas Pelham Clinton, second son of the Duke of Newcastle, .for life without impeachment of waste; remainder to his first and other sons successively in tail male ; remainder to Lord John Pelham Clinton, third son of the Duke of Newcastle, for life, and to his first and other sons successively in tail male : remainder to the use of the first and other daughters of the Earl of Lincoln successively in tail; with divers remainders over; remainder to the Duke of Newcastle in fee ; with powers to sell or exchange : and that the estates purchased or taken in exchange should be settled to the same uses, or as near thereto as the deaths of parties and other contingencies would admit; and the said Henry Duke of Newcastle did farther covenant with the said trustees...
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