The Document Chest

1807 - Henry Penny covenant on intended marriage to Elizabeth Gould

Dated 28 September 1807

This Indenture of three parts made the twenty eighth day of September in the forty seventh year of the reign of King George the third and in the year of our Lord One thousand eight hundred and seven Between Henry Penny of Yeovil in the County of Somerset Glove Manufacturer of the first part Elizabeth Gould of Ludgate Hill within the City of London Spinster of the second part and Morgan Gould also of Ludgate Hill aforesaid Seat [?] Manufacturer (father of the said Elizabeth Gould) of the third part Whereas a marriage is agreed upon and intended (by God’s permission) shortly to be had and solemnized by and between the said Henry Penny and the said Elizabeth Gould And whereas for making some provision for the said Elizabeth Gould in case she should happen to survive the said Henry Penny It was and is upon the treaty and in contemplation of the said intended Marriage stipulated and agreed that the said Henry Penny should settle and secure to her the said Elizabeth Gould one annuity or clear yearly sum of One hundred pounds of lawful money current in England to be paid and payable to her or her assigns for and during the term of her natural life in the manner and at the times hereinafter set for the And that she the said Elizabeth Gould should and would accept and take the same in bar and full satisfaction and discharge of all her Dower or [word illegible] at Common Law which she might have or claim or be entitled to from out of for or in respect of any freehold lands tenements or hereditaments now in the possession of him the said Henry Penny or which he should or might be entitled to or be in the possession of during the said intended marriage Now this Indenture witnesseth that in pursuance of the said Agreement and in consideration and contemplation of the said intended marriage and for five shillings in money to the said Henry Penny in hand paid by the said Morgan Gould at or before the sealing and delivery hereof well and truly paid the receipt whereof is hereby acknowledged he the said Henry Penny doth hereby for himself his heirs executors and administrators covenant promise grant and agree to and with the said Morgan Gould his executors administrators and assigns that if the saif intended Marriage shall be had and solemnized and he the said Henry Penny shall happen to die in the lifetime of her the said Elizabeth Gould his said intended wife then and in such case heirs Executors and administrators of him the said Henry Penny do and shall well and truly pay or cause to be paid unto her the said Elizabeth Gould or her Assigns to and for her and their own proper use and benefit One annuity or clear yearly sum of One hundred pounds of good and lawful money of Great Britain Current in England for and during the term of her natural life by two even and equal half yearly payments (that is to say at Midsummer and Christmas and the first payment thereof to begin and be made upon the first of the said days or times that shall first and next appear after the decease of him the said Henry Penny And the said Elizabeth Gould doth hereby for herself her heirs executors and administrators covenant promise grant declare and agree to and with the said Henry Penny his heirs executors and administrators in manner and form following (that is to say) that she the said Elizabeth Gould hath agreed and doth hereby accordingly agree fully freely and absolutely to accept and take the settlement and annuity of One hundred pounds a year so as aforesaid secured to her and the aforesaid Covenant for the payment thereof in bar and free satisfaction and discharge of all her Dower or thirds at Common Law whish she the said Elizabeth Gould shall or may have or claim or become entitled he the said Henry Penny is ordering [?] the said intended marriage shall be or become seized of or entitled  to of or for any Estate of Inheritance And further that if the said Elizabeth Gould should happen to survive the said Henry Penny her said intended Husband then and in such case she the said Elizabeth Gould shall and will immediately after his decease or at any time or times thereafter at the request Costs and Charges or the heirs Executors or administrators of the said Henry Penny make do and Execute all and every such deed or deeds instrument or instruments in writing as shall or may be deemed necessary for the effectual releasing acquitting and discharging her Dower and all her right and title of Dower or thirds to or out of all such freehold Lands tenements and hereditaments as he the said Henry Penny shall be in the possession of or otherwise entitled to at the time of his decease or which shall or may have been sold or disposed of by him in his lifetime 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.

                        Hy [seal] Penny                      Elizabeth [seal] Gould

Signed sealed and Delivered by the within named Henry Penny in the presence of Will[ai]m Cayme  John Biggen

Signed sealed and Delivered by the within named Elizabeth Gould in the presence of Will[ai]m Cayme  John Biggen

 

 

Courtesy of Heidi Nicholson-Moore
Transcribed by Bob Osborn