Marriage Settlement – Walter Calverley to Elizabeth Ord – 26 Aug 1729

Articles of Agreement Tripartite Indented had made Concluded declared and Fully Agreed upon this Twenty sixth day of August in the third yeare of the Reigne of our Soveraigne Lord George the Second by the Grace of God of Great Brittaine France and Ireland King Defender of the Faith &c Ano Dmi 1729 Between Walter Calverley of Calverly in the County of York Esqr. only Son and heire Apparent of Sr. Walter Calverly of Calverley aforesaid Baronett of the First part Lancellot Allgood of Hexham in the County of Northumberland gent and Charles Clark of Greyes Inn in the County of Middsx Gent of the second part And Elizabeth Ord also Blackett of the Town and County of Newcastle upon Tyne Spinster of the third part



Whereas A Marriage is agreed and intended by God’s permission to be shortly after had and Solemnized Between the said Walter Calverley and Elizabeth Ord also Blackett And Whereas the said Elizabeth Ord also Blackett is intitled to the sume of seven thousand pounds or some other great Sume For part of her portion which Said Sume is now remaineing in the High Court of Chancery and the said Elizabeth Ord also Blackett is seized to her and the heires of her body of and in severall Messuages Lands Tenemts Tythes and hereditaments att West Ord East Ord Unthank and elsewhere in the County of Durham and Fishings in the River Tweed in the said County and also of and in Severall Messuages Lands Tenements Tythes and hereditaments att Standall and Shotton, Ilderton, Lucker, and elsewhere in the County of Northumberland of a Great yearly Value 



And Whereas it is agreed between the said Walter Calverley on the one part and the said Lancellot Allgood and Charles Clark on the behalf of the Said Elizabeth Ord also Blackett and by and with her Consent on the other part that the said Sume of Seven thousand pounds Shall imediately after the Solemnization of the Said Intended Marriage be reserved and applyed as hereinafter is mentioned (Vizt) the Sume of Five thousand pounds part thereof Shall be reserved by the Said Lancellot Allgood and Charles Clark For the Uses and Trusts hereafter mentioned and that the Sume of Five hundred pounds other part thereof shall be paid to the said Elizabeth Ord also Blackett to and For her own proper Use and behoofe And that the said Walter Calverley Shall reserve For his own proper use and behoofe all the Residue and Remainder thereof 



Now these present Articles Wittness and the said Walter Calverley For the Consideratons aforesaid Doth hereby For himself his heires Executors and Admors Covenant promise and Agree to and with the said Lancellot Allgood and Charles Clark their heirs Executors Admors & Assignes by & with the Consent of the said Elizabeth Ord also Blackett testified by her being a party to and Executing these presents that imediately after the Solemnization of the said Intended marriage the said sume of Five thousand pounds part of the said Sume of Seven thousand pounds shall be reserved by the said Lancellot Allgood and Charles Clark or the survivor of them or the Executors Admors or Assignes of such Survivor And that they the said Lancellot Allgood and Charles Clark or the Survivor of them or the Executors or Admors of such Survivor shall lay out the said Sume of Five thousand pounds in the Purchase of Freehold or Coppyhold Lands and Tenements in the Countys of Northumberland and Durham or the one of them as soon as such purchase can be had or made to the good likeing and approbation of the said Walter Calverley and Elizabeth Ord also Blackett or the Survivor of them to be Conveyed to the said Lancellot Allgood and Charles Clark or the Survivor of them and the heires and Assignes of Such Survivor For the Severall uses and Trusts and Subject to the Provisoes hereafter mentioned 



And the said Walter Calverley For the Consideratons aforesaid with the Consent of the said Elizabeth Ord also Blackett testified as aforesaid Doth For himself his heires Executors and Admors Further Covenant promise and Agree to and with the said Lancellot Allgood & Charles Clark their heires Executors Admors and Assignes that the said Walter Calverley and Elizabeth Ord also Blackett after the Solemnization of the said Marriage and as Soon as the said Elizabeth Ord also Blackett shall have attained her Full Age of one and Twenty years shall and will well & Sufficiently Convey and Assure unto the said Lancellot Allgood and Charles Clark and their heires by such Conveyances and Assurances as their Counsell learned in the Law shall devise and require All the said Messuages Lands Tenemts Tythes Fishings and hereditmts in the said Countys of Durham & Northumberland aforesaid To and for the afsd intents and purposes and Subject to the Trusts Limitatons powers and provisoes hereafter thereof limited expressed and declared and to & for no other uses Intents and purposes whatsoever 



And it is hereby declared and Agreed by and Between all the said parties to these presents that as well the said premisses to be purchased with the said sume of £5000 pounds as the said Messuages Lands Tenements Tythes Fishings and hereditamts in the said Counties of Durham & Northumberland aforesaid shall be settled and Conveyed to the use and behoofe of the said Lancellott Allgood & Charles Clark & their Executors Admrs and Assignes For and dureing the Term of Ninety Nine yeares without Impeachmt of wast upon the Trusts hereafter mentioned and From and after the Expiraton or other sooner determination of the said term To the use and behoofe of the said Walter Calverley For and dureing the Term of his naturall life without Impeachmt of wast and From and after the determination of that Estate To the use and behoof of the said Lancellott Allgood and Charles Clark and their heires For and dureing the naturall life of the said Walter Calverley upon Trust only to preserve the Contingent Remainder and Estates herein after Limitted and appointed From being Barred or destroyed and For that End to make Entries and bring Actions as the Case shall require yett nevertheless to permitt and suffer the said Walter Calverley and his Assignes to take and Receive the Rents issues and profitts of the premisses to his and theire own use & uses and For & dureing his naturall life and From & after the death & decease of the said Walter Calverley to the use and behoofe of the said Elizabeth Ord also Blackett For and dureing the terme of her naturall life without Impeachmt of wast and From and after the determination of that Estate to the use and behoofe of the said Lancellott Allgood and Charles Clark and their heires For and dureing the naturall life of the said Elizabeth Ord also Blackett upon Trust only to preserve the Contingent Remainder and Estates herein after limitted and appointed From being Barred or destroyed and For that End to make Entries & bring Actions as the Case shall require Yett nevertheless to permitt and Suffer the said Elizabeth Ord also Blackett & her Assignes to take & Receive the Rents Issues and profitts of the premisses to her and their own proper use and uses For and dureing her naturall life And From and after the Death and decease of the said Walter Calverley and Elizabeth Ord also Blackett and the Survivor of them To the use and behoofe of the said Lancellott Allgood & Charles Clark their Executors Admors Assignes For and dureing the Term of 500 yeares without Impeachmt of wast upon the Trusts hereafter mentioned and From and after the Expiraton or other sooner determinaton of the said term of 500 yeares To the use and behoofe of the First son of the body of the said Walter Calverley on the Body of the said Elizabeth Ord also Blackett lawfully to be begotten and the heires of the Body of such First Son lawfully issuing And For default of such Issue to the use and behoofe of the second third Fourth Fifth Sixth and all & every the son and Sons of the Body of the said Walter Calverley on the Body of the said Elizabeth Ord also Blackett lawfully to be begotten severally Successively and in Remainder one after another in order and Course as they shall respectively in Seniority of Age and priority of Birth and the heires of their Severall and respective Bodyes lawfully issuing the Elder of the said sons and the heires of his Body being always to be preferred and to take before the younger and the heires of his Body And for default of such Issue To the use and behoofe of all and every the Daughter and Daughters of the Body of the said Walter Calverley on the Body of the said Elizabeth Ord also Blackett Lawfully to be begotten and the Severall and Respective heires of such Daughter and Daughters lawfully Issuing to take as Tenants in Comon and not as Joynt Tennts and For default of such Issue As For and Concerning the said messuages Lands Tenemts Tythes Fishings and hereditamts in the Said Counties of Durham and Northumberland aforesaid to the only use and behoofe of the Right heires of the Survivor of them the said Walter Calverley and Elizabeth Ord also Blackett For ever And as for and Concerning the said Lands & Tenemts hereby agreed to be purchased with the said sume of 5000£ to the only use and behoofe of the said Walter Calverley and his heires & Assignes For ever And as to for and Concerning the said Term of Ninety Nine yeares hereby Agreed to be limitted unto the said Lancellott Allgood and Charles Clark their Executors Admors & Assignes the same is hereby declared to be upon Trust and to and For the uses intents & purposes hereafter mentioned ( that is to say) that they the said Lancellott Allgood and Charles Clark their Executors Admors & Assignes Shall and will out of the cleare yearly rents Issues and proffits of All the said Messuages Lands Tenemts Tythes Fishings and hereditmts in the Countyes of Durham & Northumberland aforesaid and of all the lands and Tenemts hereby agreed to be purchased pay or Cause to be paid unto the said Elizabeth Ord also Blackett dureing the Joynt Lives of the said Walter Calverley and Elizabeth Ord also Blackett or to such person or persons as She Shall from time to time direct or appoint By any writeing under her hand the clear annuall Sume of Five hundred pounds Lawfull British money Free From all Taxes and Deductions whatsoever by Quarterly payments (that is to say) on the First day of May the First day of [struck out: ‘June’] August the Eleventh day of November and the second day of February by Equall portions the First payment to begin and be made upon the First of the said Dayes as shall first happen next after the Solemnizaton of the said Intended Marriage For her sole and Separate use For and in the name of Pinn money and wherewith the said Walter Calverley  is not to Intermeddle or to have any thing to do with it And the Receipts of the said Elizabeth Ord also Blackett shall from time to time be a sufficient discharge For the same and after payment of all arrears and deductions of all Charges and Expenses relateing to the said Trust shall permitt and Suffer the rest and residue of the Rents and profitts of the messuages Lands Tenemts Tythes Fishings and Hereditamts aforesaid and of the said Lands Tenemts hereby agreed to be purchased to be had taken and reserved by the said Walter Calverley dureing his naturall life And as to For and Concerning the said Terme of Five hundred herein before Agreed to be limitted unto the Said Lancellott Allgood and Charles Clark their Executors Admors and Assignes the same is hereby declared to be upon Trust and to and For the use & Intents and purposes hereafter mentioned (that is to say) that if it shall happen that the said Walter Calverley shall have Issue male of his Body begotten on the Body of the said Elizabeth Ord also Blackett his Intended wife who shall be liveing att the time of his decease or born after his death and shall have also one or more Daughter or Daughters younger Child or younger Children begotten on the Body of the said Elizabeth Ord also Blackett or born after his death That then and in Such Case the said Lancellott Allgood and Charles Clark or the Survivor of them or the Executors Admors or Assignes of such Survivor shall by mortgage of the said premisses or any part thereof For and dureing the Residue and Remainder of the said terme of Five hundred years then to come and unexpired raise and pay unto or to the use of Such daughter or daughters younger Child or younger Children any Sume or Sumes of money not exceeding in the whole the sume of Eighteen thousand pounds att such time and in such shares and proportions as the said Walter Calverley dureing his life and after his death as the said Elizabeth Ord also Blackett dureing her life in Case the said Walter Calverley shall not Execute the power to him given in that behalfe by any Deed or Deeds writeing or writeings under his or her hand and seale duely Executed in the presence of Two or more Credible Wittnesses or by his or her last will & testamt in writeing duely Executed in the Presence of the like number of Witnesses shall direct limitt and appoint and For want of such appointment to be Equally divided amongst the Said Daughters or younger Children Share and Share alike 



And to this Further use Intent and purpose that in Case the said Elizabeth Ord also Blackett shall happen to dye in the life time of the said Walter Calverley leaveing no Issue of her Body or if all such issue shall happen to dye without Issue before they or any of them shall respectively attain the Age of one and Twenty yeares That then and in such Case It shall & may be lawfull to and For the said Lancellott Allgood and Charles Clark or the Survivor of them or the Executors Admors or Assignes of Such Survivor out of the rents Issues and proffitts of the said Premisses or by mortgage thereof or any part thereof For and dureing the Residue and Remainder of the said Term of Five hundred yeares then to come and unexpired to raise and pay any Sume or Sumes not Exceeding in the whole the Sum of Ten thousand pounds to such person or persons and att such time and times and in such manner as the said Elizabeth Ord also Blackett by her last will and Testmt in writeing to be by her duely Executed in the presence of Two or more Credible Witnesses with or without the Consent of the said Walter Calverley her Intended husband and notwithstanding the Coverture between them shall direct limitt or appoint And it is hereby Agreed by and between all the said partyes that the said Lancellott Allgood & Charles Clark their heires and Assignes shall reserve all the rents Issues & profitts of the said messuages Lands Tenemts Tythes Fishings and Hereditmts in the said Countyes of Durham & Northumberland aforesaid untill such settlement is made And after that the said Lancellott Allgood and Charles Clark their Executors Admors & Assignes shall have Full power and Authority Untill such Purchase can be made From time to time as  occasion Shall require to putt out the said Sume of Five thousand pounds or any part thereof upon securities att Interest so as the same be done by the Consent and Approbation of the said Walter Calverley and Elizabeth Ord also Blackett or the Survivor of them and that the Interest of the said Sume of 5000£ untill such purchase and also the clear yearly rents Issues and profitts of the said Messuages Lands Tenemts Tythes Fishings and hereditamts in the said Countyes of Durham and Northumberland aforesaid untill such settlement all necessary charges being First deducted shall go and be paid to the person or persons to whom the rents of the premisses So to be purchased and also the Rents of the said Messuages Lands Tenemts Tythes Fishings and Hereditamnts aforesaid ought to have gone in Case such purchase and settlement were made as aforesaid provided alwayes and it is Agreed by and Between the said partyes to these presents that it shall and may be lawfull after the solemnization of the said Intended Marriage to and For the said Walter Calverly dureing his life and after his death to and For the said Elizabeth Ord also Blackett by <any> deed or writeing Deeds or writeings under his or her hand and sealed duely Executed in the presence of Two or more Credible Witnesses to demise as well the said Messuages Lands Tenemts Tythes Fishings and hereditamts in the said Counties of Durham and Northumberland aforesaid or any of them or any part thereof as also the said Lands and Tenemts hereby agreed to be purchased or any of them or any part thereof to any person or persons for any Term or number of yeares not exceeding seven yeares in possion and not in Revertion so as the Cost  and most improved Rents be reserved that can be gotten For the same without any Fine or Income to lessen the Rents and so as in every such Lease there is contained a Clause of Reentry and distress For nonpayment of the reserved rent and so as the same be not made <dispunishable> of wast and so as the said respective Lessees execute Counterparts of such respective Leases 



And the said Walter Calverley doth For himself his heirs Executors Admors & Assignes Covenant promise and agree to and with the said Lancellott Allgood & Charles Clarke their heires Executors Admors & Assignes by these presents in manner & form following (that is to say) that it shall & may be lawfull to and For the said Lancellott Allgood and Charles Clark their heires Executors Admors & Assignes to perform & Execute all & every the said Trusts and Confidences by these presents in them reposed without the Lett suite Interrupton or disturbance claime or demand of him the said Walter Calverley And that he the said Walter Calverley shall & will att any time or times From and after the Solemnizaton of the said Intended marriage att the reasonable request of the said Lancellott Allgood & Charles Clark or the survivor of them or the Executors or Admors of such Survivor But att the proper Costs & charges in the Law of the said Walter Calverley make do and Execute or Cause to be made done and Executed all & every other Lawfull and reasonable Act & Acts thing and things for the Executing perfecting and performing of the Trusts Intents purposes and Agreemts in these Presents mentioned 



And it is concluded and Agreed by and Between all & every the said partyes to these Presents that the said Lancellott Allgood and Charles Clarke or either of them or either of their heires Executors Admors or Assignes shall be only charged and chargable with and accountable For such Sume and Sumes of money as they shall respectively and actually receive & not one of them For the other of them or For the Receipts of the other of them or For any Interest <unreceived> or defective Securities and that they and every of them shall & may be saved harmless by and out of the premisses of From and against all such Costs charges Damages and Expenses as they or any of them shall or may expend & be putt unto by reason of the premisses or the Trusts thereof hereby declared in the Execution or managemt thereof in any wise  touching or Concerning the same 



In Witness whereof the partyes hereunto have to these presents Indented Interchangably sett their hands and seales the day & year First above written



Wm Calverley   Lancellott Allgood Charles Clark   Elizabeth Blackett



Sealed & delivered by the within named Wr Calverley Lancelot Allgood & Elizabeth Ord als Blackett (the several <reas>ures and interlineations in each skin being first made) in the presence of Mary Eden George Grey



Sealed & delivered by the within named Charles Clarke in the presence of Wm Whitehead Chris Denton