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1701 Marriage Settlement of James Salisbury and Rachel ( Owsley )Donne

Privacy Level: Public (Green)
Date: 27 Aug 1701 [unknown]
Location: Somerset, Englandmap
Surnames/tags: Owsley Salisbury Donne
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1701 Marriage Settlement of James Salisbury and Rachel ( Owsley ) Donne Transcribed by Joe Farler from an original held at the Somerset Archive in the bundle: Buckland St Mary deeds, wills. 1602-1813 reference number: DD/BR/sl/1

This Indenture Tripartite made the Seven and Twentieth day of August in the Thirteenth year of the Reign of our Sovereign Lord King William the Third of England of and in the year of our Lord God One Thousand Seven hundred and One Between Rachel Donne of Buckland St Mary in the County of Somerset Widow Administratrix of all and singular the Goods and Chattels and personal Estate of Joseph Donne the younger late of Henton St George in the said County of Somerset her late husband deceased Robert Owsley of Compton Durville within the parish of South Petherton in the said County Yeoman and Rebecca Owsley of Buckland St Mary aforesaid Widdow of the first part James Salisbury of West Dowlish in the said County of Somerset Soapboyler of the Second part and William Edwards of Buckland St Mary aforesaid Gent and Giles Moore the Elder of Craft within the parish of Henton St. George aforesaid Gent of the Third part

Whereas the Right Honourable John Lord Poulett late Baron of Henton St George aforesaid deceased by his Indenture of Lease bearing date the Tenth of March in the Two and Thirtieth year of the Reign of our late Sovereign Lord King Charles the second for the Consideration therein mentioned Did amongst other Lands and Tenements therein mentioned demise unto Joseph Donne the Elder late of Henton St George aforesaid deceased All Those Closes Lands and Tenements with the Appurtenances herein after mentioned and expressed that is to say One Close of Land and pasture called the Yonder Slade, One other Cose of Land called the Crooked Close one other Close of Land called the Higher Hibbens ? One other Close of Land called the Lower Hittend One other Close of Land, One other Close of Land called Offley One other Close of Land called England one other Close of Land called Nother Field Five acres of Meadow a stent Meadow called Gross Meade One other acre of Meadow in a stent Meadow called Honey Meade And one Barn, One Orchard, & One Garden with the Appurtenances together also with those Rooms therein after mentioned (that is to say) One Hall One Kitchen One Brewhouse Two Butterys the Hall Chamber the Middle Chamber and Brewhouse Chamber and also Common of pasture to the said Whole Land and Tenement belonging which said premises are situate and being in Henton St George aforesaid and heretofore were in the possession of the said Joseph Donne the Elder and no more in the possession of the said Rachel Donne her Undertenants or Assigns
TO HOLD unto the said Joseph Donne the Father deceased his Executors Admins and Assigns from the day last past before the date of such writed Indenture for the term of fourscore and nineteen years they the said Joseph Donne the Elder John Donne and the said Joseph Donne the younger, sons of the said Joseph Donne the Elder or either of them should so long happen to live UNDER the pay rent of One pound Seven Shillings and Six pence for all the said premises so demised and granted by the said recited Indenture AND UNDER diverse other Covenants and Agreements in the said writed Indenture contained is which relation being had may more at large appear
AND WHEREAS the said Joseph Donne the Father DID make his last Will and Testament in writing and thereby nominate and appoint Thomazine Donne his Widow and Relict Executrix thereof and shortly after died on whose decease she the said Thomazine Donne proved such Will and took upon the Execution thereof And shortly after In Consideration of a marriage to be had and solemnised between the said Joseph Donne the younger her son and the said Rachel Donne then Rachel Owsley and of a Considerable Marriage portion paid and to be paid on the solemnisation of such Marriage they the said Thomazine Donne and Joseph Donne the younger by their Deed of Indenture of assignment by them respectively duly executed and bearing date the Fourteenth day of November which was in the year of our Lord One Thousand Six hundred Eighty Nine have respectively granted assigned transferred and set over all the Right Title Estate and interest of and in all the said several Closes pieces and parcels of Land Rooms part and parcel of the said dwelling house And all other the Appurtenances therein before mentioned unto the said Robert Owsley and Rebecca Owsley
TO HOLD to them from the day of the date thereof for the remainder of the said term of Fourscore and Nineteen years therein then to come and unexpired determinable as aforesaid UPON TRUST that the said Robert Owsley and Rebecca Owsley should permit and suffer the said Joseph Donne the son and party to such Deed of Assignment to have hold receive and take the Rents Issues and profits of all the said premises for so much of the residue of the said Fourscore and Nineteen years as were then to come and as should run out and determine in the life time of him the said Joseph Donne the younger And from and after the decease of him the said Joseph Donne and after such marriage should be had and solemnised then they the said Robert Owsley and Rebecca Owsley should permit and suffer the said Rachel Donne to have hold receive and take the Rents Issues and profits of such Estate and premises for as much of the said residue of the said Fourscore and nineteen years as should run out and determine in the life time of her the said Rachel the Remainder to the Executors Admins of the said Joseph Donne party to such Deed of Assignment. As by such Deed of Assignment more at large appeareth, AND WHEREAS such intended marriage was shortly after the Execution of such Deed of Assignment had and solemnised and the said Joseph Donne is since also dead intestate And Administration of his Estate hath since his decease been granted to the said Rachel Donne party to these presents his relict
AND WHEREAS Sir John Sydenham of Brompton in the said County of Somerset Bart. and Edward Strode of Downeside within the parish of Shepton Mallett in the said County of Somerset Esquire the then Surviving Executor and Trustees appointed by the said John Lord Poulett deceased DID by their Indenture dated the Seventeenth day of April which was in the year of our Lord One Thousand Six hundred and Ninety Demise unto the said Joseph Donne the said Rachel Donne‚Äôs late husband and Intestate ALL the said before mentioned Messuage and Tenements with the Appurtenances mentioned to be situate lying and being in the parish and parcel of the Manor of Henton St George aforesaid containing in the whole by Estimation Nine and Fifty acres of Land Meadow and pasture be the same more or less comprised in such Original Lease so granted by the said John Lord Poulett to the said Joseph Donne the Father and now in the possession of the said Thomazine Donne and Rachel Donne or their Assigns and all Houses Outhouses Barns Stables Gardens Orchards and after such and the like Common of pasture for such and the like number of sheep horses and cattle in and upon the Common Ways and waste ground belonging to the manor of Henton St George aforesaid and in such other places manner and form as then were or ??????? theretofore have been enjoyed to and with the said Messuage Tenements Premises belonging or in any way appertaining Except as ???? said by written Indenture is Excepted
TO HOLD to the said Joseph Donne the Son his Executors Admins and assigns immediately and from the determination of such several Estates so granted by the said John Lord Poulett for Fourscore and Nineteen years if the said Rachel Donne then Wife of the said Joseph Donne the younger should happen so long to live UNDER the yearly rent of one pound seven shillings and six pence AND UNDER diverse other Covenants Herriotts and agreements in the said last writed Indenture contained As in and by this said last writed Indenture relation being thereunto also had more at large appeared.
AND WHEREAS Elizabeth Klee of Whitestaunton in the said County of Somerset Widow DID by her Indenture dated the Thirtieth day of October which was in the One and Thirtieth year of the Reign of our late sovereign Lord King Charles the Second made between her of the one part and William Owsley of Westcombe Land within the said parish of Buckland St Mary Yeoman of the other part for the Consideration therein mentioned Demise unto the said William Owsley ALL THAT One Farm Tenement or parcel of Land with the Appurtenances containing by Estimation Two and Thirty acres of Land be the same more or less commonly called or known by the name of Westcombe Land situate lying and being within the parish of Buckland St Mary aforesaid and were theretofore in the tenure and Occupation of the Widow Applin and all Commons and Common of pasture and all and every other hereditament in and upon the said Farm or Tenement or to the same in any sort belonging or Appertaining Except as in this last writed Indenture is Excepted
TO HOLD unto the said WIlliam Owsley his Executors Admins and Assigns from the day of the date of such last writed Indenture for Fourscore and Nineteen years thence next expiring if Rachel Owsley now the said Rachel Donne, Barbara Owsley and Maryan Owsley three daughters of the said William Owsley any or either of them should so long happen to live UNDER the yearly Rent of Four Shillings and Four pence AND UNDER diverse other Covenants and Agreements in the said last writed Indenture contained to which relation being had may more plainly appear

AND WHEREAS the said William Owsley did by his last Will and Testament in writing bearing date the Seven and Twentieth day of June which was in the year of our Lord One Thousand Six hundred Eighty Two amongst several other devises and bequests give unto the said Rachel Owsley now Rachel Donne the said last writed Messuages Tenements Land and premises called Applinns and all his Estate term of years right title and interest therein and thereto And also by such his said Will did give unto his Daughter Barbara his Tenement at Castle after the decease of his Wife Rebecca whom he made Executrix and gave unto his said Daughter Barbara one other Tenement called Goseth she paying unto the said Rachel Owsley her younger sister now the said Rachel Donne Eight pounds a year during her life is she should live to enjoy the same and shortly after the said William Owsley departed this life on whose decease the said Rebecca Owsley his Relict and Executrix proved such Will and assented to the respective Legacies thereby given by her said Husband

AND WHEREAS a marriage is shortly intended to be had and solemnised by and between the said James Salisbury and the said Rachel Donne both parties to the presents AND it is hereby agreed and declared by and between all the parties to these presents And it is the true intent and meaning of these presents and of all the parties thereunto that notwithstanding such marriage so to be had and solemnised and after the solemnisation thereof he the said James Salisbury shall not intermeddle dispose or possess himself of all this before or any other the Estate whatsoever as now are or hereafter shall be the Estate of the said Rachel Donne be she Covert or Sole nor shall molest or disturb her or her Trustees in the recovering of the yearly income of the Rents Issues and profits thereof or of the disposal thereof either Covert or Sole or have any thing to do therewith notwithstanding such Marriage as if such Marriage had or should never be had

NOW THIS INDENTURE
witnesseth that the said Rachel Donne Robert Owsley and Rebecca Owsley by the approbation and direction of the said Rachel Donne and by the Consent and good liking of the said James Salisbury ??? since by his being a party to these presents and by his sealing and executing the same they Rachel Donne Robert Owsley and Rebecca Owsley for the Consideration of ten shillings to them in hand paid by the said William Edwards and they ???? at and before the expressing and delivery of these presents the receipt ?????? they do and every of them doth thereby severally acknowledge As also to the intentand purpose that the said Rachel Donne may have for ever thereafter during her natural life the sole disposal as well of all the aforesaid several and respective Messuages Lans Tenements Rent Charge annuity and premises and the Rents Issues and profits thereof and of all others the household Goods plate Rings moneyand all other the Goods and Chattells whatsoever as she now hath or may have by the yearly income or perception of the profits of such her said Estates either Covert or Sole by any deed or writing notwithstanding such Marriage and as full and absolutely as if such Marriage had never or shall never be And for her goods valuables Considerations she the said Rachel Donne hereunto especially moving they the said Rachel Donne Robert Owsley and Rebecca Owsley have given grant & bargained sold assigned transferred and set over and by these presents do give grant bargain set assign transfer and set over unto the said William Edwards and Giles Moore their Executors and Admins to the Survivors of them and to the Executors Admins of such Survivors ALL the before writed Messuages Tenements Land s Closes Meadows pastures and feedings rent charges and Annuity And all their and every of their right title trust interest property claim and demandwhatsoever therein or thereunto and of and unto all or any other the Estate Goods and Chattels whatsoever of her the said Rachel Donne and all the Rents Issues and profits thereof
TO HAVE AND TO HOLD all the aforesaid Messuages Lands Tenements and premises with the appurtenances and every part and parcel thereof from the day of the date thereof for and by and during all the rest residue and remainder of the respective terms of years estate ????? property claim and demand whatsoever therein or thereto yet to come and undetermined in as large and ample manner to all intent and purpose whatsoeveras she the said Rachel Donne could or might hold and enjoy the same as if these presents had never been had or made or such Marriage should never be had
IN TRUST nevertheless and to this intent and purpose that they the said William Edwards and Giles Moore and the Survivors of them and the Executors and Admins of such Survivors do and shall receive the Rents Issues and profits of the before mentioned Estates and premises and dispose and pay the same to such person and persons and to such intent and purpose as she the said Rachel Donne at any time during her life time and such her said intended Coverture shall from time to time and at all times ( without her said intended Husband or his Consent thereunto ) appoint limit ? or direct the same
AND upon this further Trust and Confidence in them the said William Edwards and Giles Moore and the Survivors of them and the Executors and Admins of the Survivor of them that they and the Survivors of them shall permit and Suffer the said Rachel Donne in her life time either Covert or Sole by her last Will and Will and Testament in writing or by any other Deed or writing whatsoever by her to be signed and executed freely and voluntarily in the presence of two or more credible Witnesses and without any the threats and menaces of her said intended Husband And which the said James Salisbury her said intended Husband doth thereby agree and declare she may at any time either Covert or Sole make dispose give set sell and bequeath all the aforesaid premises and every part and parcel thereof when and as often as she please or shall think fit and to whom by name she pleases with a power to revoke and annul the same and after to dispose thereof in manner as aforesaid as if she was sole and notwithstanding such intended Coverture and as if such intended marriage had never occurred or shall never happen or be had or solemnised any thing in these presents contained to the contrary thereof in any ways not withstanding
AND THE SAID James Salisbury for himself his Executors and Admins doth hereby ???? promise and agree to and with the said William Edwards and Giles Moore their Executors and Admins these presents that is to say that the the said James Salisbury his Executors Admins or Assigns shall not nor will at any time hereafter receive the Rents Issues and profits of all or any the aforesaid premises or of any part or parcel thereof nor use any threat or menace to his said intended Wife or molest or disturb the said William Edwards and Giles Moore or the Survivors of them or the Executors Admins of such Survivors ????  ???? (crease) holding receiving taking or enjoying the said granted bargained and Assigned premises or any part or parcel thereof or in the said Exposition or Disposal thereof in any ways whatsoever contrary to the true intent and meaning of these presents Or any Clause Article or Agreements whatsoever therein also intended meant or mentioned to be had sold or possessed by any or either the parties hereunto IN WITNESS whereof the parties above named have to these same Indentures interchangeable) set their hands and seals the day and year as is above written

Rachel Donne // Robert Owsley // (mark of) Rebecca Owsley // James Salisbury // William Edwards // Giles Moore





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