| Title | Release (the lease is missing) to make a tenant to the precipe and lead the uses of fines and recoveries made between 1. Robert Holden of Aston esquire eldest son and heir of Alexander Holden late of Newark upon Trent, county Nottingham, esquire deceased 2. James Shuttleworth of Forcett, county York, eldest son and heir of Richard Shuttleworth late of the same place esquire deceased and Mary wife of James and only child and heir at law and a devisee named in the will of Robert Holden late of Aston esquire deceased 3. James Holden of Aston esquire heretofore James Shuttleworth, 2nd son of James and Mary Shuttleworth 4. George Hartley of Richmond, county York, esquire and 5. William Masterman of Gray's Inn, Middlesex, esquire reciting that Robert Holden deceased, being seised in fee simple of the manors of Aston upon Trent, Weston, Wilne alias Great Wilne and Shardlow, advowson of Aston, various messuages and lands in Aston, Weston, Wilne alias Great Wilne, Shardlow, Long Eaton, Sawley and Little Wilne, made his last will on 28 November 1742, which, with codicil of 10 November 1745, was also recited, and reciting that he died 7 November 1746, that Robert Holden (party 1.) is now the surviving devisee in trust of the will, that James and Mary Shuttleworth have issue male an eldest son, James (party 3.), William and Charles, that James the Second son attained his majority on 16 November 1766 and changed his name to Holden by Act of Parliament and took the Holden arms;
that by deed poll of 17 March 1768 James Shuttleworth appointed that James Holden might enjoy all the rights devised to him by the late Robert Holden's will and reciting that the surplus of Robert Holden's personal estate and the savings accrued from the moiety of the rents etc. devised by him for the benefit of James and Mary's 2nd son (after payment of his maintenance and education) amounted to £4,846 13s. which was invested in the purchase of properties in cos. Leicester and Derby, conveyed to the use of Robert Holden (party 1.) upon the trusts set out in Robert Holden's will and reciting that James Holden is 25, that Mary Shuttleworth is entitled during her life to the capital mansion of Aston and to moiety of the profits of certain manors etc. and that James is entitled to the same properties as tenant in tail male expectant on the life interest of his mother, and is in possession of the other moiety of the manors etc. as tenant in tail male, and that James and Mary Shuttleworth and James Holden wish to bar all estates tail and all reversions and remainders and witnessing that for 10s. paid by Masterman to each of the Holdens and Shuttleworths, they released to Masterman, the manor of Aston, the advowson of Aston, the capital messuage or mansion house of Aston, all messuages, lands, rents, tithes etc. late Robert Holden's inheritance in the parish of Aston, the ancient fee or chief rents and pensions payable out of various properties (detailed);
cottage and close adjoining called the Croft, parcel of land adjoining and lately enclosed by Act of Parliament and allotted in Netherfield in lieu of other lands held with the cottage, 3 acres 38p. which were purchased with Robert Holden's personal trust estate after his death from John Saxon of Sawley waterman, parcel of land lately enclosed by the same Act and now divided into two, containing 23 acres and close or pingle called Green Leys and purchased out of the trust estate (as above) from William Rolleston of Aston, parcel of ground within the Holt and purchased likewise from Thomas Hickenbottom of Ratcliff, county Nottingham yeoman, messuage and 3 yard lands purchased likewise from John Bancroft of Aston yeoman, chief rent of 1s 6d issuing from lands of Robert Holden deceased in Aston and purchased likewise from William Chambers D.D., all in Aston, and manors of Weston, Wilne or Great Wilne and Shardlow with all messuages, lands, rents, tithes (in Wilne and Shardlow), late the estate and inheritance of Robert Holden esquire deceased, and all the messuages, lands etc. late Robert Holden's estate and inheritance in Sawley, Long Eaton and Little Wilne and one third of manor of Halstead and of messuages, lands etc. in Halstead, Tilton, Marfield or Marefield South, and Whatborough or Whatburgh, county.
Leicester, and of rectories, parsonages impropriate of the same places, and of tithes etc. of same, and of advowson to vicarages of Halstead and Tilton, all purchased out of the trust estate from John Mann of Lincolns Inn, county Middlesex, the only son of Thornton Mann late of Tooting, Surrey, esquire by Jane his first wife, and James and Mary Shuttleworth and James Holden covenanted to levy fines to Masterman to make him tenant to the precipe for suffering recoveries, to which James Holden will be vouched to warranty, and of which the uses were declared to be that the capital mansion of Aston and a moiety of premises above were to the use of Masterman during Mary Shuttleworth's life in trust to dispose of rents etc. as she directs, and the other moiety, and Mary's moiety and the mansion house after her death, to the use of James Holden for life, with remainder to Masterman upon trust to support the contingent remainders to James Holden's Male heirs, then to James and Mary Shuttleworth's 3rd son William in tail male, then to their 4th son Charles in tail male, then to James and Mary's 1st son Robert in tail male, then as Mary Shuttleworth may appoint, then to the right heirs of Robert Holden of Aston;
with provision for anyone holding the estate to appoint £500 annually out of the estate for his wife's life, without prejudice to Mary Shuttleworth's estate, to sell, mortgage etc. to raise £5,000 for daughters' portions if there is no son or £6,000 for younger sons and daughters portions if there is an eldest son, to raise money for the maintenance and education of younger sons and daughters;
reciting also a lease of Sawley or Sallow and Wilne prebend for 3 lives, made 8 June 1745 and witnessing that it was released to the same purposes as above premises;
reciting also that Robert Holden deceased was seised of 4 oxgangs in the manor of the prebend and rectory of Sawley and of a messuage in Long Eaton and an oxgang in the fields of Long Eaton in the manor of Sawley and Smally Croft in same manor, and witnessing that James and Mary Shuttleworth and James Holden covenanted with Masterman to surrender these premises to the lands of the manors concerned to Masterman to the same uses as the manor of Weston and lands in parish of Weston, provided that whoever has the use and benefit of above premises shall surrender his estate if he becomes entitled to the Shuttleworth estate.
Dated 30 September |