Marriage Settlement - John Warland/Elizabeth Batt 1758

John Warland (1726 - 1794) was the son of Robert Warland (1694 - 1758) and Ann King (1701 - 1784). He married Elizabeth Batt in 1758; both were of Wimborne, County Dorset, England. The following is the text of their marriage settlement dated 23 September 1758. (Original deed at Dorchester Record Office ref D1/1233)

This indenture of four parts made the twenty third day of September in the year of our Lord one thousand seven hundred and fifty eight.

BETWEEN Robert Warland (1694-1758) of Merly in the parish of Great Canford in the county of Dorset, Yeoman and Ann his wife of the first part, John WARLAND of Wimborne Minster in the said County Maltster eldest son and heir apparent of the said Robert WARLAND of the second part, John BATT of Wimborne Minster aforesaid Shopkeeper and Elizabeth BATT his daughter of the third part, and Christopher KING of Wimborne Minster aforesaid Mercer and William BATT of the same place Glover of the fourth part.

WHEREAS a Marriage by Gods permission is intended shortly to be had and solemnised by and between the said parties that in case the said intended Marriage shall take effect he the said John BATT shall and will at the solemnisation therefore pay or secure to be paid unto the said John WARLAND the Sum of Three Hundred pounds of lawfull money of Great Britain as and for the Marriage portion or fortune of the said Elizabeth BATT his daughter. In Consideration of Which Marriage portion the said Robert WARLAND shall also at the solemnization of the said intended Marriage pay or secure to be paid unto the said John WARLAND his son the sum of Three hundred pounds of like lawful money and also Grant and Release the Lands and Hereditments herein after mentioned To and for the uses intents and purposes herein after limitted and for the making a Competent Jointure for the said Elizabeth BATT in case she survives the said John WARLAND her intended husband.

Now this Indenture witnesseth that for and in Consideration of the said intended Marraige and of the Sum of Three hundred pounds in hand paid or secured to be paid by the said John BATT unto the said John WARLAND at and before the Sealing and delivery hereof the Receipt where of is hereby acknowledged And also for and in Consideration of the Sum of Ten shillings of like lawful money to them the said Robert WARLAND and Ann his wife in hand also paid by the said Christopher KING and William BATT at and before the execution hereof of the Receipt whereof is hereby also acknowledged And for the natural Love and Affection which the said John WARLAND and Ann his wife have and bear unto the said John WARLAND their son and for his better support and maintenance and for diverse other good Causes and Considerations from thereunto issuing HAVE and each of them hath Granted bargained sold Aliened Released and Confirmed and by these presents DO and each of them doth Grant bargain sale alient Release and Confirm unto the said Christoper KING and William BATT (in their actual possession now being by virtue of a Bargain and Sale to them thereof made for one whole Year by Indenture bearing the day next before the day of the date of these presents and by force of the Statute for Transferring Uses into possession) and to their heirs ALL THAT now built Messuage Tenement or Dwellinghouse and Outhouses and a large New Malthouse and Kiln thereunto adjoying with the appurtenances Together with the Curtilage and Garden therunto also adjoying and belonging situate lying and being in Wimborne Minster aforesaid in a Street there called KING Street bounded with the Messuage or Tenement late in the possession of Anthony BESSANT Glover now Richard REYNOLDS on the east and thereof, a Dwellinghouse late in the possession of James BOUTHAM Joyner now William KING on the West and the said Street called King Street on the North side, and a Garden late in the possession of the said Anthony BESSANT on the South, which said premises are now in the possession of the said John WARLAND Together also with all ways paths passages Easements profitts Commodities Lands herditaments rights priveledges and appurtenances to the said Messuage Tenement or Dwellinghouse Malthouse Garden and premises belonging or in any wise appertaining And all the estate rights Title Interest Use Trust property Claim and Demand whatsoever of them the said Robert WARLAND and Ann his wife their heirs and Assigns of in and to the same premises and every part and parcell thereof with the appurtenances And the Reversion and Reversions Remainder and Remainders Rents Issues and Profitts thereof And all Deeds Evidences and writings whatsoever which in any wise concerneth the said premises or any part or parcell thereof TO HAVE AND TO HOLD the said now built Messuage Tenement or Dwellinghouse Malthouse Outhouses Curtilage Garden Lands Heriditiments and premises and every part and parcell therefore with their and every of their appurtenances unto the said Christopher KING and William BATT and their heirs IN TRUST to and for the several Uses intents and purposes herein after mentioned and declared (that is to say) TO the use of the said John WARLAND and his heirs untill the said intended Marriage shall take effect and from and after the solemnization therefore TO the use and behoof of the said John WARLAND and his Assigns for and during the Term of his natural Life And after his decease TO the use of the said Elizabeth his intended wife and her assigns for and during the Term of her natural Life without impeachment of or for any manner of Wast And from and after the determination of that Estate TO the use of the heirs of the body of the said John WARLAND on the body of the said Elizabeth his intended Wife lawfully to be begotten And for want of such Issue TO the use of the right heirs of the said John WARLAND for ever AND the SAID Robert WARLAND doth for himself and for the said Ann his wife and for his her and their heirs and assigns Covenent grant and agree to and with the said Christopher KIND and Wm. BATT their heirs and assigns by these presents That they the said Robert WARLAND and Ann his wife at the Costs and Charges in the Law of the said John WARLAND his heirs or asisngs shall and will on or before the ne of Michaelmas Term now next ensuing or some other subsequent Term in due form of Law acknowledge and Levy one Fine SUR CONGNIZANCE DE DROIT COME CEOXT with Proclamations according to the Statute in that case had any provided to the said Christopher KING and William BATT of the said new built Messuage Tenement or Dwellinghouse Malthouse Garden Lands and Premises which the said Fine as aforesaid or in any other sort to be Levied and acknowledged by and between the said parties shall be an Enure and shall be deemed adjudged esteemed reputed and taken to be an Enure TO the uses intents and purposes herein before mentioned limitted and declared And to and for no other Use and intend or purpose whatsoever. IN WITNESS whereof the parties first above named have to these presents interchangeably set their hands and Seals the day and Year first above written.

Ann WARLAND (her mark) John WARLAND JNO BATT Elizabeth BATT Christopher KING Willm BATTS