[Lease and] release indenture, Pulloxhill, Flitton, Harlington and Higham Gobion, Bedfordshire and Hillingdon, Swakeley, Edgware and Kingsbury, Middlesex

Whereas by Indenture dated 4 January 1773 reciting that a marriage was intended between James Winstanley of Braunstone, Leicestershire, and Mary Prideaux daughter of Sir Edmund Prideaux Bt, (now Mary Winstanley), and reciting that by Indentures of Lease and Release dated 20 and 21 February 1710 [Doc 274] Samuel Reynardson of London and Mary his daughter (afterwards Mary Prideaux, mother of Mary Winstanley) conveyed certain lands in the above parishes and manors in such a manner that Mary Prideaux (the daughter) should become tenant in tail, it was agreed that all the above lands should be settled in trust to the use of James Winstanley for life, with remainder to the use of Mary Prideaux for life, with remainder to the use of Phineas Cheeke of Great Lincoln's Inn Fields, Simon Michell of Lincoln's Inn, Samuel Chetham of Castleton, Rochdale, Lancashire, and Sir Benjamin Trueman of Christ Church, Middlesex, and their heirs in trust to raise a certain sum for the portions of the younger sons or daughters of James Winstanley and Mary Prideaux, and in case there should be no younger child in trust for the first or only son, in default in trust for such uses as Mary Prideaux should appoint, in default of appointment to the use of Mary Prideaux and her heirs for ever; and whereas by Indenture dated 11 March 1734 [Doc 275] it was agreed that James Winstanley and Mary his wife should levy a fine sur conusance de droit come ceo to Phineas Cheeke and Simon Michell of the land that a common Recovery might be had against them, after which the premises should be to the use of James Winstanley for life, then to the use of Phineas Cheeke, Simon Michell, Samuel Chetham and Sir Benjamin Trueman to the use of James Winstanley for life, then to the use of Mary Winstanley for life, then to the use of Phineas Cheeke, Simon Michell, Samuel Chetham and Sir Benjamin Trueman and their heirs for ever upon trust that they should raise a certain sum for the portions of the daughters and younger sons of James Winstanley and Mary his wife; if there should be no daughter or younger son then in trust for the first or only son, in default as Mary Winstanley should appoint, in default to Mary Winstanley and her heirs for ever; similarly the copyhold lands were by recovery or surrender to be assured to the use of James Winstanley for life, then to the use of Mary Winstanley for life, then to the use of Phineas Cheeke, Simon Michell, Samuel Chetham and Sir Benjamin Trueman and their heirs for ever for the same trusts as the freehold lands; and whereas in the Easter Term 1734 the fines and recoveries were levied and suffered [Doc 276,278]; and whereas the copyhold lands at a court held March 12 1734 were surrendered to the use of James Winstanley for life, then to the use of Mary Winstanley for life, then to the use of Phineas Cheeke, Simon Michell, Samuel Chetham and Sir Benjamin Trueman and their heirs; and whereas James Winstanley and Mary his wife are dead leaving one son Clement Winstanley of Braunstone, Leicestershire, and three daughters, Mary, wife of John Carlyon of Truro, Cornwall, Ann, wife of Leonard Fosbrooke, Ravenstone, Leicestershire and Francis Winstanley; and whereas Clement Winstanley on the death of his mother became tenant in tail with remainder to his own heirs subject to his father's life estate; and whereas Clement Winstanley levied a fine sur conusance de droit come ceo of the said lands and by Indenture dated 1 November 1769 [Doc 277] the fine is declared to be to the use of Clement Winstanley and his heirs for ever; Sir Benjamin Trueman in consideration of the sum agreed upon as maintenance portion for the three sisters to be applied by him as such releases to Clement Winstanley the lands in question in his possession by Indenture of Lease dated the previous day [Doc 279], to him and his heirs to the use of him and his heirs for ever; Sir Benjamin Trueman will indemnify Clement Winstanley from any costs incurred by any misapplication of the sum and interest. Witnesses: Robert Woodgate, Attorney, Spitalfields, T. Pares, Attorney, at Leicester. On the back is a receipt for the consideration money and interest signed by Sir Benjamin Trueman. Witnesses: the same. One seal is attached.

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Presented by Mrs Charles Williamson of Kempton, Bedfordshire, 20 April 1915

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