1808 Contract - Christopher Warland

The following is the text of a contract made in 1808 between Christopher Warland (1736 - 1816) and the husband - Edward Tory - of his niece Mary Warland (1766 - ) who married on 4 August 1784 in Sturminster Marshall, Dorset, England. The contract makes reference to Christopher Warland's father Robert Warland (1694 - 1758), and to his brothers John Warland (1726 - 1794), Robert Warland (1731 - 1782) and William Warland (1733 - 1794), all of whom had died by the date the document was written. The document also refers to Robert Warland senior's wife Ann King (1701 - 1784) and to his brother Robert Warland's other daughter Jane Warland (1768 - ) who married William Mackrell, also shown as William Butcher in the text.

See this page for more information about the family.

To assist with readability, the document has been broken into obviously related chunks of text and includes some additional information in square brackets.

Know all men by these presents that we, Christopher Warland of Little Canford in the Parish of Hampreston in the County of Dorset Yeoman and Edward Tory of Christchurch (Hyneham) in the County of Southampton Grocer jointly and separately are held and firmly bound to John Forster of Lincolns Inn in the County of Middlesex Esquire in the Penal Sum of Five hundred pounds of good and lawful money of Great Britain to be paid to the said John Forster or his certain Attorney Executors Administrators or Assigns for which payment to be well and faithfully made we bind ourselves our and each (and ?) of our Heirs and Assigns firmly by these presents sealed with our Seals dated this Twelfth day of April in the Forty eighth year of the reign of our Sovereign Lord George the third by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the faith and in the year of our Lord One thousand eight hundred and eight.

Whereas by an Indentur of Lease bearing date the first day of January One thousand seven hundred and thirty nine [1 January 1739] and made between Sir Thomas Webb Baronet then Lord of the Manor of Great Canford on the said County of Dorset of the one part and Robert Warland [1694 - 1758] since deceased, William Warland Yeoman, the said Christopher Warland, and Henry Warland, Yeomen of the other part ffor the considerations therein mentioned the said Sir Thomas Webb did demise lease and to farm let unto the said Robert Warland, William Warland [1733 - 1794], Christopher Warland [1736 - 1816], and Henry Warland [1742 - 1819] their Executors Administrators and Assigns All that Messuage ['A dwelling house together with its outbuildings, curtilage, and the adjacent land appropriated to its use'] or Tenement commonly called or known by the name of Gillinghams and one parrock ['A croft, or small field'] thereto adjoining containing one acre, a Close adjoining containing six acres, another Close adjoining containing (four) acres, a Close called Hunny Mead containing two acres, a Close called Wounton (?) containing by estimation five acres, a Close called Coppice Close containing by estimation two acres and three roads, a Close called Barrows Hows containing by estimation ten acres in the meadow called Metterwood (?) four acres and in Simons Mead one acre with the rights members and appurtenances whatsoever to the said Messuage or Tenement Lands Hereditaments and premises belonging or in any wise appurtences which said Messuage or Tenements Hereditaments and Premises are situate at or near Lake in the said Parish of Great Canford and were therefore in the tenure of Giles Smith Gentleman in right of Winifred his wife then deceased and then late in the pofsefsion of the said Robert Warland (since deceased) except in the Timber and other Trees growing and standing in and upon the said Lands and Premises, to hold the same unto the said Robert Warland and William Warland, Christopher Warland, and Henry Warland, their Executors Administrators and Assigns thenceforth next ensuing if William Mackrell Butcher [sic - not clear if William Mackrell was a butcher or that was his surname], the said Robert Warland, and the said Christopher Warland, or either of them should so long live at and under the yearly rent of One pound twelve shillings payable as therein mentioned to the said Sir Thomas Webb and subject to the (Herlots?) therein mentioned and also subject to the Convenants Clauses Conditions and Agreements therein contained which on the Tenant or Lessees part were to be kept done and performed.

And whereas the said William Butcher and Robert Warland long since departed this life leaving the said Christopher Warland them surviving whereby the residue and remainder now to come and unexpired of the said term of Ninety nine years is dependent on the life of the said Christopher Warland alone.

And whereas the said Robert Warland, William Warland, Christopher Warland, and Henry Warland being pofsessed of or well intitled to the said Leasehold premises did some time in or about the year one thousand seven hundred and sixty [1760] make a partition and Division of the same under which Partition or Division the said Robert Warland became intitled to the entirety of the Leasehold premises comprised in the said Indenture of the first day of January one thousand seven hundred and thirty nine [1 January 1739] for the residue which was then to come and unexpired of the said Term of Ninety Nine years [therefore expired in 1838].

And Whereas the said Robert Warland [1731 - 1782] made and duly published his last Will and Testament in writing bearing date the seventh day of April One thousand seven hundred and eighty two [7 April 1782] and thereby appointed John Warland [1726 - 1794] and Christopher Warland [1736 - 1816] his brothers to be Trustees in his affairs if he should do otherwise than well but the said Testator did not in his said Will make any particular disposition of the said Leasehold premises.

And Whereas the said Robert Warland departed this life soon after published his said will without revoking or in any wise altering the same leasing the said Mary [nee Warland, born 1766] the wife of the said Edward Tory and the said Jane [nee Warland, born 1768] the wife of the said William Mackrell his two daughters and only children (then infants) him surviving.

And Whereas Letters of Administration with the said Will of the said Robert Warland annexed were granted to the said John Warland and Christopher Warland by the prerogative Court of the Archbishop of Canterbury and the said John Warland and Christopher Warland thereupon pofsefsed themselves of the said Leasehold premises In Trust for them the said Mary the wife of the said Edward Tory and Jane the wife of the said William Mackrell.

And Whereas by Indenture bearing date the ninth day of August One thousand seven hundred and eighty four [9 August 1784] and made between the said Edward Tory of the first part the said Mary (now his wife), then Mary Warland Spinster of the second part, and the said John Warland and Christopher Warland of the third part, being the settlement executed previously to the marriage of the said Edward Tory and Mary his wife. [They married on 4 August 1784]

After reciting as or to the effect hereinbefore recited, and also reciting that a Marriage was by the consent of the said (half line missing) be shortly had between the said Edward Tory and Mary (now his wife) and that it had been agreed that as soon as the said marriage should be solemnised the Moiety or half part of her the said Mary Warland of and in the said Hereditaments and Premises should be settled to the uses and upon the Trusts therein exposed and declared and hereinafter mentioned, it is by the said Indenture now in recital witnessed that, in consideration for the said then intended marriage and for carrying the said Agreement into effect, it is thereby covenanted and agreed by the said parties thereto and the said Edward Tory did for himself his Heirs Executors and Admors (Administrators) covenant and agree with the said John Warland and Christopher Warland their Executors Admors and Assigns in manner following (that is to say) that in case the said intended marriage should take effect then they, the said John Warland and Christopher Warland their Executors and Admors, should stand pofsefsed of one equal undivided moiety or half part of the said Messuage or Tenement Hereditaments and Premises for the remainder then to come of the said term of Ninety nine years determinable as aforesaid upon the trusts therein and hereinafter expressed and declared concerning the same (that is to say) In trust that they the said John Warland and Christopher Warland their Executors and Administrators should pay the rents and profits of the said Moiety or half part to the said Hereditaments and Premises during so many years of the said term of Ninety nine years determinable as aforesaid as should run out in the life time of the said Mary (now the Wife of the said Edward Tory) or otherwise permit her to receive the said rents and profits for her own separate use and not to be subject to the debts or engagements of the said Edward Tory her then intended Husband but her receipt alone notwithstanding her intended Coverture to be a sufficient discharge for the same and from and after her decease In Trust that they, the said John Warland and Christopher Warland their Executors and Administrators, should pay the rents and profits of the said Moiety or half part of the said Hereditaments and Premises during so many years of the said term of Ninety nine years determinable as aforesaid as should run out in the life time of the said Edward Tory unto him the said Edward Tory and his Assigns or otherwise permit and suffer him and them to receive the same to his and their own use and from and after the decease of the Survivor of them, the said Edward Tory and Mary his then intended Wife, in Trust as to the said Moiety or half part of the said Hereditaments and Premises and to the (?) thereof for all and every or for such one or more of the children of the said Edward Tory on the body of the said Mary Warland lawfully begotten and in such parts shares and proportions manner and form with or without power of revocation as they, the said Edward Tory and Mary his then intended Wife, during the joint lives should by any Deed or Writing Deeds or Writings to be by them duly executed in the presence of two or more credible Witnesses direct limit or appoint the same and for want therefore and as to such part of the said Hereditaments and Premises whereof no such (direction) limitation or appointment should be made In Trust as the survivor of them the said Edward Tory and Mary his then intended Wife should appoint among the children of the said intended marriage and in default thereof In Trust for all and every the child and children