THIS INDENTURE made the eleventh day of July One Thousand Eight Hundred and Forty-Eight between Matilda Dackombe of Grosvenor St. Camberwell in the County of Surrey, Spinster of the first part; Thomas Lupton of No. 32 George St. Euston Square in the County of Middlesex, House Decorator of the second part; Robert Dackombe of Wandsworth in the County of Surrey, Gentlemen and George Lupton of No. 32 George Street, Euston Square aforesaid House decorator of the third part.
WHEREAS Daniel Dackombe, late of Grosvenor Street, Camberwell aforesaid deceased, the late father of the said Matilda Dackombe, party hereto by his last will and testament in writing bearing date the seventh day of August, One Thousand Eight Hundred and Thirty Nine after giving and devising all his freehold estates as therein mentioned directed that his son Daniel Dackombe or his heirs or other the person or persons who for the time being should be entitled to the possession of the rents and profits of his said freehold estates, lands, tenements, hereditaments and premises, should pay and out of the rents issues and profits arising therefrom, pay unto his sons Aquila Richard Dackombe and Robert Dackombe a clear annunity or yearly sum of One Hundred pounds each during the term of their respective natural lives to be paid to them by equal half yearly payments on the twenty fourth day of June and the twenty fifth day of December in each and every year to commence from the time of the death of the said testator and proportional part to be paid to them on the said twenty fourth day of June or the twenty fifth day of December which should first happen after his decease.AND also did and should in like manner pay into the hands of John Mullins and Joseph Richardson therein respectively named in trust and for the benefit of his the testators three daughters, Susannah Jane Sanders, wife of Richard Sanders, Ann Marie Dackombe and Matilda Dackombe (party hereto) a clear annunity or yearly sum of Thirty pounds each for and during the terms of their respective natural lives for their and each of their separate use and benefits exclusive and independent of any husband or husbands with whom they or any or either of them should have intermarried or should or might thereafter intermarry and the receipt or receipts of his (the said testatorís) daughters notwithstanding their coverture should alone be a good and sufficient discharge to his said trustees for the same. And the said testator did thereby direct that it should not be lawful to or for any or either of them his said daughters to anticipate, charge, sell or otherwise part with or incumber the life estate of interest so by him given and bequeathed to each of them under that his will.
AND the said testator did hereby charge all and every his said freehold estates with the payment of the said several annunities or clear yearly sums of One Hundred pounds, One Hundred pounds, Thirty pounds, Thirty pounds, and Thirty pounds and did direct that in case the same or any of them or any party thereof should be behind or unpaid by the space of one calendar month next after or over either of the said days or times thereinbefore appointed for payment thereof it should be lawful to and for his said sons and daughters or any or either of them to cause notices to be served upon all or any of the tenants of the said freehold hereditaiments and premises giving them notice of such arrears and requiring them to pay the sum out of the ensuring quarters rent and the said testators did therby further direct that it should be lawful for the tenant or tenants of the said freehold hereditaments and premises to deduct and retain out of the rents to become due from him or them so much money as he or they should actually pay in respect of the said several annunities or any of them. AND the said testators gave devised and bequeathed all the rest residue and remainder of his estate and effects of what nature or kind so ever the same might be consist and wheresoever situate unto and amongst all and every his child and children living at his (the said testators) decease in equal shares and proportion share and share alike.
AND WHEREAS the said testator Daniel Dackombe departed this life on or about the thirty first day of July, One Thousand Eight Hundred and Forty Three without having revoked or altered his said will which was duly proved in the Prorogative Court of Canterbury on the Twenty Sixth Day of August, One Thousand Eight Hundred and Forty-Three. AND WHEREAS a marriage hath been agreed upon and is intended shortly to be had and solemnized between the said Thomas Lupton and Matilda Dackombe. AND WHEREAS upon the treaty for the said intended marriage it was amongst other things agreed that the said annunity or yearly rent charge of thirty pounds should be settled so as that the same should during the continuance of such coverture be for the separate use and at the absolute disposal of the said Matilda Dackombe.
NOW THEREFORE THIS INDENTURE WITNESSETH that in pursuance and performance of the said agreement and in consideration of the said intended MARRIAGE and also of ten shillings of lawful money of Great Britain and Ireland by the said Robert Dackombe and George Lupton to the said Matilda Dackombe paid at or before the sealing and delivery of these presents the receipts whereof is hereby acknowledged. THE said Matilda Dackombe with the privity consent and approbation of the said Thomas Lupton testified by his being a party to and executing these presents HATH granted bargained sold and assigned and by these present DOTH grant bargain sell and assign unto the said Robert Dackombe and George Lupton ALAL that the annual sum or yearly rent charge of Thirty pounds so secured to the said Matilda Dackombe and her assigns during the life of the said Matilda Dackombe under and by virtue of the said recited WILL of her late Father the said Daniel Dackombe deceased and all arrears and future payments thereof and all the powers and remedies whatsoever and wheresoever of her the said Matilda Dackombe for compelling an recovering payment thereof AND all the estate right title interest use trust property possession benefit claim and demand whatsoever both at law and in equity of her the said Matilda Dackombe of into or out of the said annunity or yearly rent charge and every part thereos. TO HAVE HOLD RECEIVE AND TAKE the said annual sum or yearly rent charge of thirty pounds and all other the premises hereby granted and assigned unto and to the use of the said Robert Dackombe and George Lupton their heirs executors administrators and assigns IN TRUST for the said Matilda Dackombe until the said intended marriage shall be had and solemnized and for and immediately after the solemnization thereof. UPON TRUST that they the said trustees and the survivor of them do and shall during the joint lives of the said Thomas Lupton and Matilda Dackombe pay apply and dispose of the said annual sum or rent charge of thirty pounds hereinbefore granted and assigned to such person or persons only and for such intents and purposes only as the said Matilda Dackombe notwithstanding her intended coverture and as if she were sole and unmarried shall from time to time as the same shall become due by any writing or writings sealed by her with her own hand direct or appoint. AND in default of and until such direction and appointment into the proper hands of the said Matilda Dackombe for her sole and separate use and benefit exclusively of the said Thomas Lupton and without being subject to his control debts interference or engagements AND the receipt or receipts of the said Matilda Dackombe shall notwithstanding the marriage of the said Matilda Dackombe with the said Thomas Lupton be an effectual discharge for the money therein mentioned or acknowledged to be received. AND if the said Matilda Dackombe shall survive the said Thomas Lupton then immediately after the decease of the said Thomas Lupton the said annual sum or yearly rent charge hereinbefore granted and assigned shall be in trust for the said Matilda Dackombe her executor administrator and assigns to and for her and their own absolute use and benefits. AND the said Matilda Dackombe with the privity approbation and consent of the said Thomas Lupton testified as aforesaid DOTH irrevocably make nominate and appoint and in her place and stead put the said Robert Dackombe and George Lupton and the survivor of them and the heirs executors administrators and assigns of such survivor to be the true and lawful attorney and attorneys of her the said Matilda Dackombe to ask demand sue for recover and receive of and from all and every the person and persons who are or shall or may be liable to pay the said annunity or yearly rent charge of thirty pounds hereinbefore granted and assigned and on the payment thereof or of any part hereof to give sign and execute acquittances releases or other discharges for the same respectively and or non payment thereof or of any part thereof to use such ways or means for recovering or enforcing the payment thereof as to him or them shall seem expedient and for all or any of the purposes aforesaid to appoint or employ one or more persons as attorney or attorneys to them or him and in all the acts deeds proceedings matters and things hereinbefore mentioned to use the name of the said Matilda Dackombe and generally to do execute and perform any act deed matter or thing whatsoever relative to the premises as full to all intents and purposes whatsoever as the said Matilda Dackombe could or might have done in her own proper person in case these presents had not been executed and the said Matilda Dackombe had remained unmarried. AND whatsoever the said Robert Dackombe and George Lupton and the survivor of them or the executors administrators or assigns of such survivor shall lawfully do or cause to be done in or about the premises the said Matilda Dackombe doth hereby for herself her heirs executors and administrators covenant promise and agree with and to the said Robert Dackombe and George Lupton their executors administrators and assign to allow ratify and confirm. PROVIDED ALWAYS and it is hereby agreed and declared between and by the said parties to these presents that if the trustees hereby appointed or to be appointed as hereinafter mentioned or any of them or the executors or administrators of any of them shall die refuse decline or become incapable to act in the trusts aforesaid before the said trusts shall be fully executed and performed. THEN and in every such case it shall be lawful for the said Thomas Lupton and Matilda Dackombe during their joint lives for the said Matilda Dackombe after the death of the said Thomas Lupton by deed to nominate and appoint any other person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying refusing declining or becoming incapable to act as aforesaid. AND that immediately upon the appointment of any such new trustee or trustees the said trust monies and premises shall be duly assigned and transferred to or otherwise vested in such new trustee or trustees either solely or jointly with the then surviving or continuing trustee of these presents upon the trusts hereinfore declared. AND that every such new trustee shall have the same power and authorities as the trustee in whose place he shall be appointed. AND it is hereby agreed and declared that the trustees hereby appointed or to be appointed as hereinbefore mentioned shall be answerable for such monies only as they respectively shall actually receive and shall not be answerable the one for the other or others of them or for signing receipts for the sake of conformity or for any involuntary loss. AND that it shall be lawful for them out of the said trust monies and premises or any monies which shall come to their hands by virtue of these present to reimburse themselves and allow their co-trustee or co-trustees all their costs and experiences in discharge of the trusts hereby reposed in them or in relation thereto.
IN WITNESS whereof the said parties have hereinto set their hands and seals the day and year first within written.
|Matilda Dackombe||Robert Dackombe|
|Thomas Lupton||George Lupton|
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