The Document Chest

1798 Marriage Settlement

Between George Ryall Covey and Mary Barrett

 

This long, and somewhat complex, document is the marriage settlement between George Ryall Covey, glover of Yeovil, and Mary Barrett of Queen Camel. Its complexity is due to the fact that the sum of settlement was a thousand pounds - around £106,000 at today's value.

 


 

This Indenture tripartite made the Twelfth day of May in the Thirty eighth year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain france and Ireland King Defender of the Faith and so forth and in the year of our Lord One Thousand Seven Hundred and Ninety eight Between George Ryall Covey of Yeovil in the County of Somerset Glover of the first part Mary Barrett Spinster Daughter of James Barrett of Queen Camel in the said County Linman of the second part and John Ryall of East Coker in the said County Gentleman and the said James Barrett of the third part Witnesseth that in Consideration of a Marriage now intended and agreed on shortly to be had and Solemnized between the said George Ryall Covey and Mary Barrett and of the Marriage Portion of her the said Mary Barrett which the said James Barrett hath agreed to pay or secure to be paid to the said George Ryall Covey He the said George Ryall Covey for himself his Heirs Executors and Administrators doth covenant promise and agree to and with the said John Ryall and James Barrett their Executors Administrators and Assigns by these presents That the said George Ryall Covey his Heirs Executors and Administrators shall and will within the space of three Months next after the Solemnization of the said intended Marriage pay or cause to be paid unto the said John Ryall and James Barrett or the Survivor of them or the Executors or Administrators of such Survivor the Sum of One Thousand Pounds of good and lawful money of Great Britain Upon the Trusts and to and for the intents and purposes hereinafter expressed and declared of and concerning the same (that is to say) Upon trust that they the said John Ryall and James Barrett or the Survivor of them or the Executors or Administrators of such Survivor do and shall as soon as conveniently may be and as soon as a convenient Purchase or Purchases shall offer layout and invest the said Sum of One Thousand Pounds and every part thereof with the assent and approbation of the said George Ryall Covey and Mary Barrett his intended Wife of the Survivor of them or the Executors or Administrators of such Survivor in the Purchase of an Estate or Estates in fee simple in possession of and in any Messuages Lands Tenements or Hereditaments within the Counties of Somerset or Dorset or one of them which same Messuages Lands Tenements or Hereditaments when purchased shall be conveyed and assured to the said John Ryall and James Barrett and their Heirs or to the Survivor of them and the Heirs of such Survivor to for and upon the several uses trusts interests and purposes hereinafter expressed and declared of and concerning the same or as near thereto as may be and the deaths of persons and other Contingencies in the intermediate time will then admit of (that is to say) To the use of the said George Ryall Covey for and during the term of his natural life without impeachment of or for any manner of waste and from and after his decease To the use of the said Mary Barrett during the term of her natural life for her jointure and in lieu [bar ?] and full satisfaction of and for all Dower or Thirds at the Common Law which she may or otherwise might have challenge claim or demand of in to or our of any Messuages Lands Tenements or Hereditaments which he the said George Ryall Covey is or shall or may be seized or possessed or interested in or intitled unto for any Estate of Inheritance during the said intended Coverture and from and immediately after the determination of the Estate hereinbefore limitted to the said George Ryall Covey and Mary Barrett or either of them To the use of the said John Ryall and James Barrett and the Heirs for and during the natural life and lives of them the said George Ryall Covey and Mary Barrett and the Survivor of them Upon trust to preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed but Upon trust to permit and suffer the said George Ryall Covey and Mary Barrett respectively to receive and take the Rents issues and profits of the same premises for and during their respective lives and from and after the decease of the said George Ryall Covey and the said Mary Barrett his intended Wife To the use and behoof of all and every or such one or more of the Children of the said George Ryall Covey on the Body of the said Mary his intended Wife to be begotten and for such estate and estates and in such parts and proportions manner and form with or without power of revocation as they the said George Ryall Covey and Mary his intended Wife shall at any time or times during their joint Lives by any Deed or Deeds or Writing or Writings under both their hands and Seals attested by two or more credible Witnesses direct limit or appoint and in default of such direction limitation or appointment or in case any such shall be when and as soon as the Estates and interests thereby limited shall respectively end or determine and as to such part or parts of the premises whereof such direction limitation of appointment shall be made then as the Survivor of them the said George Ryall Covey and Mary his intended Wife shall at any time of times during his or her life by any Deed or Deeds or Writing or Writings under his or her Hand and Seal attested by three or more credible Witnesses or by his or her last Will and Testament in Writing to be by him or her signed sealed and published in the presence of the like number of Witnesses direct limit give or appoint the same and in default of all such direction limitation gift or appointments as aforesaid or in case any such shall be when and as soon as the Estates and Interests thereby limitted shall respectively end and determine And as to such part or parts of the premises whereof no such direction limitation gift or appointment as aforesaid shall be made To the use and behoof of all and every the Child and Children of the said George Ryall Covey on the Body of the said Mary his intended Wife to be begotten to be equally divided between them (if more than one) share and share alike to take as Tenants in Common and not as joint Tenants and of the several and respective Heirs of the Body and Bodies of all and every such Child or Children lawfully issuing And in case one or more of such Children shall happen to die without issue of his her or their Body or Bodies then as to the share or shares of him her or them so dying without issue To the use and behoof of the Survivors or Survivor or others or other of them to be equally divided between them (if more than one) share and share alike to take as Tenants in Common and not as joint Tenants and of the several and respective Heirs of the Body and Bodies of such Survivors or Survivor or others or other of them lawfully issuing and in case all such Children but one shall happen to die without Issue of their Bodies or in case there shall be but one such Child then To the use and behoof of such Surviving or only Child and of the Heirs of his or her Body lawfully issuing And for default of all such issue To the use and behoof of the right Heirs of the Survivor of them the said George Ryall Covey and Mary his intended Wife for ever And it is hereby declared and agreed by and between the said parties to these presents that in the mean time and until the Sum of One Thousand Pounds shall be laid out and invested in such Purchase or Purchases as aforesaid it shall and may be lawful to and for the said John Ryall and James Barrett or the Survivor of them or the Executors or Administrators of such Survivor with the consent and approbation of the said George Ryall Covey and Mary his intended Wife to permit and suffer the same Sum to remain in the hands of the said George Ryall Covey for and during the term of his natural life Or with the like consent and approbation of the said George Ryall Covey and Mary his intended Wife or the Survivor of them or the Executors or Administrators of such Survivor to lend and place out the same Sum or any part thereof upon any Public or Private security at interest And it is hereby further declared and agreed by and between all the said Parties to these presents that in the mean time and after the Solemnization of the said intended marriage and until the said Sum of One Thousand Pounds shall be laid out and invested in such Purchase or Purchases as aforesaid all the clear yearly interest and produce thereof shall from time to time be paid to and received by such person or persons as and to whom the rents and profits of the Messuages Lands Tenements or Hereditaments so to be purchased as aforesaid (if purchased and settled) would for the time being belong by virtue of the limitations above mentioned and directed And further it is hereby declared and agreed by and between all the said parties to these presents that the said John Ryall and James Barrett and their respective Heirs Executors and Administrators shall not be chargeable with or accountable for and greater part of the said Trust money then they shall respectively and actually receive by virtue of the said Trust nor with or for any loss that shall happen of the said money or any part thereof so as such loss be not occasioned by their default or misconduct And that neither of them the said John Ryall and James Barrett hall be responsible for the receipt or other Acts of the other of them And that it shall and may be lawful to and for the said John Ryall and James Barrett their respective Heirs Executors and Administrators in the first place by and out of the said trust money to deduct and reimburse all such Costs Charges and expences as they or any or either of them shall or may sustain or be put unto for or by reason of the Trust here by in them reposed or the management or execution hereof or any other thing in anywise relating thereunto In Witness whereof the parties first above named have hereunto interchangeably set their hands and seals the day and year first above written - George Ryall (LS) Covey - Mary (LS) Barrett - John (LS) Ryall - James (LS) Barrett - Sealed and delivered by the within named George Ryall Covey, Mary Barrett and James Barrett (being first duly stamped) in the presence of Sarah Barrett WL White - Sealed and delivered by the within named John Ryall in the presence of WL White, Tho. Harvey Junr.

 

Transcribed by Bob Osborn