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Assignment

Catalogue reference: 465/627

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This record is a file about the Assignment dating from 14 February 1795.

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Full description and record details

Reference
465/627
Title
Assignment
Date
14 February 1795
Description

1) Edward Harries, Esq of Cruckton

2) Edward Jeffreys, gentleman, of Shrewsbury

3) Mary Adney, widow, of Shrewsbury

4) Thomas Harries, Esq of Cruck Meole

5) Elizabeth Sandford, Barbara Sandford & Susanna Sandford spinsters, of Shrewsbury, 3 of the daughters of Humphrey Sandford, Esq, late of the Isle of Upper Rossall, decd. by Elizabeth his late wife, decd.

6) Folliot Sandford, Esq of the Isle of Upper-Rossall, eldest son & heir of H.S. by Elizabeth.

7) John Minor, gentleman, of Woodstile, Salop

8) William Minor, farmer, of Longford, Salop

9) Walter Minor, farmer of Hopley, parish of Hodnet.

10) John Kilvert, gentleman, of Grinshill

Whereas by an indenture of release of 29 January 1745/6 between Humphrey Sandford (1) Elizabeth by her then name of Elizabeth Jones, spinster (2) Francis Walker, Esq & the said Thomas Harries (3) Samuel Harwood, Esq, since decd and the said Edward Jeffreys (4) and William Evans, Esq & Leonard Hotchkiss, clerk (5) being the marriage settlement of H.S. & Eliz:, the manor, messuages, lands & hereditaments intended to be assigned by Jeffreys were limited after the marriage and death of H.S. (subject to a yearly rent charge of £250 secured to Eliz: during his life) to the use of Samuel Harwood and Jeffreys for 400 years; & it is declared that the term was created for the better securing the payment of the rent charge and if there should be any issue male of H.S. & E. who ought to be entitled to the immediate freehold of the premises and there should be besides one or more daughter(s), younger son(s) or both of H.S. & E. then it should be lawful for H.S. by any deed to charge the premises by creating a term as he should think fit for raising any sum not exceeding £2,000 to be paid among such daughter(s), younger son(s) when & how H.S. should direct, & in default of such appointment, it should be lawful for Elizabeth if she survives him, and he should not by his will direct that the power thereby given should cease at any time after the death of H.S., by any deed or her will to charge the premises with any sum for the same uses and in the same manner as H.S. might have charged them; but if H.S. & Eliz: both die without making any charge or declaration re the power ceasing then the term of 400 years is also declared on further trust that Harwood & Jeffreys should raise £2,000 for the portion of every child not entitled to the freehold and inheritance who should live to 21 or marry to be paid when they are 21 or marry, whichever is 1st, unless that happens in the lifetime of H.S. or Eliz: in which case it should be paid within 6 months of the death of the survivor of them; Whereas by lease & release of 22 & 23 November 1770 (465/617-8) and a recovery suffered in pursuance of it, the premises were limited to various uses; and whereas Humphrey Sandford jnr died a bachelor in the lifetime of his parents, and H.S. snr, by his will of 14 June 1788 after reciting the recited lease & release he gave and appointed the Manor of Edgton and all property in the release in Edgton, Brunslow, Woolston, & Up Rossall to Edward Harries, his executors, adminors, & assigns for 1,000 years beginning from the death of H.S. snr. on trust that E.H. should as soon as convenient after the death of H.S. snr. by demise, sale or mortgage of the premises for all or part of the term raise £2,000 and pay it amongst his daughters, Elizabeth, Frances, Barbara, Susanna and Charlotte in equal shares with interest from the day of his decease; whereas by indenture of 25 March 1790, the premises were assigned to Mary Adney for £400, for the term of 400 years (465/614)

The £400 paid by Mary Adney to Frances Sandford now the wife of George Holland was paid to her as her share of £2,000 intended for the portions of the younger children of H.S. snr & Elizabeth his wife; and whereas H.S. snr. & Eliz: are both dead leaving their 5 daughters surviving who have all attained 21; and whereas Elizabeth, Barbara, and Susanna Sandford have lately applied to Folliot Sandford to discharge their shares of the £2,000 and Mary Adney has called upon F.S. to pay off the £400; and the interest due of the £2,000 & £400 has been paid up to date; whereas doubts have arisen whether the indenture of 25 March 1790 amounted to a legal charge of the £400 intended to be secured on the premises comprised in the term of 400 years and doubts have also arisen whether the shares of Elizabeth, Barbara & Susanna Sandford in the £2,000 ought to be raised by an assignment of 1,000 years created by the will of H.S. the father by virtue of the power in the release of 23 Nov 1770 or by an assignment of the term of 400 years created by the release of 29 January 1745/6, and it has been agreed that the repayment of the £1,600 now lent by John Minor to discharge the £400 to Mary Adney, and the portions of E.S.,B.S. & S.S. in the £2,000 shall be secured to John Minor with interest for the same by an assignment of both those terms as to such parts only of the premises therein comprised as are hereinafter by Edward Harries & Edward Jeffreys assigned and that Mary Adney and Thomas Harries shall assign and transfer their terms & interest in the premises as hereafter mentioned: and whereas Charlotte Sandford being at present incapable of giving a legal discharge for her share of the £2,000, it is agreed that the messuage or tenement in Edgton with the lands, hereditaments and appurtenances belonging which is after mentioned to be excepted out of the assignments hereby made shall be reserved for the purpose of raising the share of Charlotte in the £2,000; now it is witnessed that in consideration of £400 to M.A. from John Minor with the consent of Folliot, and in consideration of £400 to Elizabeth, £400 to Barbara & £400 to Susanna Sandford from John Minor with the consent of E.H., E.J., Thos H., and F.S. in discharge of the sisters' shares, Edward Harries at the request of Mary Adney, & the Sandfords has assigned to John Minor the Manor of Edgton with all rights, members & appurtenances belonging and all the messuages, lands & hereditaments in the several townships precincts of Edgton, Brunslow, Woolston and Up-Rossall which by the release of 23 Nov 1770 are made subject to the payment of the £2,000 and by the will of H.S. snr limited to Edward Harries to raise the same, and all houses, lands & rights belonging (except the messuage in Edgton with the lands belonging in the tenure of Thomas Rubathan), and the right & interest of Edward Harries; to hold to John Minor for the residue of 1,000 years subject to the proviso for redemption; and in consideration of 10/- to Edward Jeffreys from William Minor, Jeffreys at the request of M.A. and the Sandfords at the nomination of John Minor have assigned the Manor of Edgton with the appurtenances belonging and the other property comprised in the term of 400 years (except the said messuage in Edgton) & all the right & title of Jeffreys; to hold to William Minor for the rest of 400 years in trust for John Minor, subject to the proviso for redemption; and for more effectually securing the £1,600 to John Minor & 5/- to Thos Harries from John Kilvert,T.H. at the request of the Sandfords & the direction of John Minor, has assigned to John Kilvert the Manor of Edgton and the property hereinbefore assigned by Harries & Jeffreys comprised in the term of 400 years except the said messuage, & the right & title of T.H. to hold to John Kilvert for the rest of the 400 years in trust for John Minor subject to the proviso for redemption, i.e. provided that if Folliot or the person after his death entitled to the immediate estate of freehold or inheritance of the premises assigned, shall pay to John Minor £1,600 with interest on 14 August next, then John, William & Walter Minor & John Kilvert shall at the request & costs of Folliot transfer & assign the Manor, messuages & lands to such person(s) as Folliot shall direct for the rest of the terms of 1,000 years, 400 years, 400 years, 400 yrs free from all incumbrances made by the Minors or Kilvert Folliot covenants that he will pay the money with interest on 14 Aug: next; E. Harries covenants with J. Minor that he has done nothing to incumber the property; and Jeffreys covenants that he has not incumbered the property; and Mary Adney covenants that she has not incumbered the property; and T. Harries covenants that he has not incumbered the property; and it is agreed that nothing in this indenture shall extend or prejudice the right of Folliot Sandford, his heirs or assigns to contest or dispute the validity of the recited lease & release of 22 & 23 Nov: 1770 and the Common Recovery suffered in pursuance of it.

Signed & sealed; Edwd: Harries, Edw: Jeffreys, Mary Adney,Thos. Harries, Eliza Sandford, Barbara Sandford, Susanna Sandford, Folliot Sandford, John Minor.

12 applied seals.

Endorsement: Witnesses to sealing: Samuel Holland, John Lee, John Walford, Thos. Harries 20 June 1809

Receipt by John Minor of Shawbury, gentleman, the only son & heir and administrator of John Minor within written, from John Pritchard of Broseley, gentleman, £1254 on account of the principal and interest due on the within security, and he promises that on payment of the residue of the interest due at the expense of the owner of the hereditaments & premises assign & transfer this security to Pritchard, his heirs, exors. & amors. & assigns or otherwise as he or they shall direct. Signed: John Minor, witness: John Caxson?

16 January 1810

Receipt by Jn. Pritchard of £1254 from Folliot Sandford 7 March 1815

Receipt by Folliot Sandford from the Reverend Humphrey Sandford, Clerk, of Shrewsbury, his eldest son and heir apparent, £1,254 and all interest thereon which was paid by him to John Pritchard of Broseley, gentleman, on account of the principal and interest due on the within security, and he discharged his son of the sum & interest.

Signed: Folliot Sandford.

Witnesses: Willm Heath, B... Newill

Endorsement

18 April 1842

(Endorsed on Assignments of 14 Feb: 1795)

1) Walter Minor, Samuel Minor, gentleman, of Market Drayton (executor of the will of Wm Minor, decd.)

2) Walter Minor

3) The Rev. Humphrey Sandford, Clerk, of the Isle of Up Rossall

4) John Morris, Esq., of Oxon

5) Edward Morris, of Oxon.

Whereas by indre. of even date with the within indre between John Minor (1) and Folliot Sandford (2), J.M. acknowledges that the sum of £400 mentioned in the within indre to be paid by him to Mary Adney was the proper money of Folliot Sandford; and whereas by the within recited indentures of 22 & 23 Nov. 1770 the Manor, messuages & lands limited to F.S. & his assigns for his life were limited from his death to the use of his 1st & other sons successively in tail male; and whereas by lease & release of 14 & 15 Nov 1804, the release between Folliot Sandford (1) Humphrey Sandford eldest son of F.S. (2) Richard Griffiths, gentleman (3) Robert Pemberton, gentleman (4) and Jonathan Scott, Esq and George Holland Clerk, (5) and by a common recovery the manor, messuages and lands were discharged from the estate tail of H.S. and all remainders over & were limited, subject to the sum of £2,000 charge thereon, as to a messuage in Edgton in the occupation of Christopher Wilkes, to the use of H.S., his heirs & assigns for ever; and as to all other hereditaments to the use of Folliot Sandford and his assigns for his life with remainder to the use of Jonathan Scott and George Holland for 1000 years on trusts which have since been fully satisfied & subject thereto to the use of H.S. his heirs and assigns for ever; and whereas by lease & release of 1 & 2 December 1813, the release being between H.S. & Frances his wife (then late Frances Holland spinster) (1) Frances Holland, widow (2) William Coupland, gent. (3) Jonathan Scott and Robert Pemberton (4) Francis Southern and William Henry Parry, clerk (5) being a settlement made subsequent to the marriage of H.S. & Francis his wife but in pursuance of certain articles of agreement made before the marriage, all the manors, messuages, & lands were conveyed and assured by H.S. subject to the estate for life of F.S. in part of it and to the charge of £2,000 to Wm Coupland and his heirs to the use of H.S. & his assigns for his life with remainder (subject to a term of 40 yrs determinable as therein mentioned which has ceased; to the use and intent that Frances shall receive out of the hereditaments for her jointure an annual rent charge of £550 with the usual powers for recovering the same and subject thereto, to the use of Jonathan Scott and Robert Pemberton for 99 years on trusts for raising £4,000 for portions for the younger child(ren) of H.S. & F. to the use of the heirs and assigns of H.S. for ever; and whereas by indre of 1 Oct 1806 between Folliot Sandford (1) William Minor (2) John Minor (3) Elizabeth Sandford, the dau(4) Wm Coupland & Francis Southern(5), the £400 by the recited indre declared by J.M. to be in trust for F.S. was assigned by him & J.M. to Wm. C. and Fras. S. on certain trusts for securing to Elizabeth S. the dau: an annuity of £45 during her life, in trust for F.S.; Whereas Elizabeth S. the dau. died 4 August 1815 and all arrears of the annuity have been satisfied; and whereas J.M. died intestate and letters of administration of his personal estate were granted to his son John Minor, of Shawbury, gentleman; and whereas the principal sum of £1,200 secured to J.M. the father & the interest were in June 1809 paid to J.M. the son by John Pritchard, gentleman, who was afterwards repaid by F.S. who was afterwards repaid by Hum: S.; and whereas Charlotte Sandford died intestate on 3 July 1828 letters of admin: were granted to F.S; and whereas by indre of 20 May 1836 between F.S. (1) Wm Richard Stokes, Esq & Charles Scott Stokes, gentleman (2) in consideration of love of F.S. for his youngers sons & daughters named; the £400 assigned by the last indre and the £400, the portion of Charlotte S., to which it is in the indre mentioned that F.S. had as administrator of Charlotte and by account settled with her next of kin become entitled, making £800, were assigned by F.S. to W.R.S. & C.S.S. on such trusts as were declared re the same in an indre of even date with the recited indre, being trusts for the benefit of the younger children of F.S.; andit was declared that the receipt of W.R.S. & C.S.S. or of the survivor of them should be complete acquittance to the person paying the money; & whereas C.S. died August 1837 and whereas by indre of 6 Oct 1837 between F.S.(1) W.R.S. (2) Henry Godwin Esq (3) & Thomas Farmer Dukes, gent. (4) H.G. by virtue of a power in the last indre appointed by F.S. to be a trustee thereof in place of C.S.S. decd. in conjunction with W.R.S. and by virtue of the indre now recited and of a deed poll by Thos. F.D. of the next day, £800 and the other sums by the last indre assigned were assigned to W.R.S. and H.G. for such trusts as in the last indre; and whereas F.S. died in April 1841, leaving his will of 20 May 1836 and a codicil, and appointed Henry Godwin and the testator's son, the Rev. F.S. clerk, executors who on 12 Oct last proved the will in the Prerogative Court of Canterbury; and whereas by an indre. of 4 April instant between W.R.S. & H.G. as trustees (1) H.G. & F.S. as executors (2) the several younger children therein named of F.S. decd. (3) Humphrey Sandford (4) in consideration of H.S. having paid to William Richard Stokes and H.G. as trustees (among other sums) the £800 in discharge of the like sum to which F.S. decd. became entitled & interest, W.R.S. & H.G. & the parties of the 2nd & 3rd parts released and discharged all the hereditaments and premises comprised in the recited indres from £800 to which F.S. became entitled charged on the hereditaments in the indres from all interest in respect thereof and from all claims and demands on account thereof, it being the intent of H.S. that the sum should sink into and be extinguished in the freehold and inheritance of the hereditaments; and whereas it is also the intent of H.S. that the sum of £1,200 to which he is entitled and the interest should sink into the freehold and inheritance of the hereditaments on which it is charged; and whereas Wm Minor died in 1820 having made his will of 16 Dec: 1819 and appointed Walter Minor & Samuel Minor executors who proved the will; and whereas H.S. is desirous that the hereditaments by the within indre assigned to Wm Minor and Walter M. should be assigned to trustees of the nomination of H.S. for the residues of the terms for which the same were assigned to Wm M. & Walter M. on the trusts after declared, and Walter M. & Samuel M. as such executors of Wm. M. Decd. & Walter M. as such trustee as aforesaid have at the request of H.S. agreed to assign the same; now it is witnessed that in pursuance of the agreement and in consideration of the premises and of 5/- to Walter & Samuel M. from John Morris, Walter & Samuel as exors. at the request of H.S. assign to John Morris the manor, messuages, lands & premises which by the within indre were assigned to Wm Minor for the residue of 400 years created by the release of 29 Jan: 1745 & any other premises vested in Walter Minor & Sam: Minor for the residue of the term with their rights & appurtenances, and the estate, right & title of Walter & Sam: Minor; to hold to John Morris for the residue of 400 years on the trusts declared of the same; and in further pursuance of the agreement & in consideration of the premises and of 5/- to Walter M. from Edward Morris, Walter at the request of H.S. assigns to Edward Morris the manor, messuages & lands by the within indre assigned to Walter M. for the residue of 400 yrs assigned to Mary Adney by indre of 25 March 1790; to hold the manor etc. to Edward Morris, his exors, adminors, & assigns for the residue of the term of 400 years on the trusts after declared; and Walter & Sam: Minor covenant with H.S. that they have done nothing to incumber the premises; and it is agreed that John Morris and Edward Morris shall stand possessed of and interested in the manor, messuages & lands before assigned to them for the residues of the several terms of 400 years & 400 yrs for which the same are so assigned on the following trusts (without prejudice to the jointure rent charge by the recited indre of 2 Dec: 1813 limited to Frances, wife of H.S., and the powers and remedies thereby provided & the trusts of the term of 99 years for securing and raising the same and without prejudice to the trusts of the term of £2,000 limited for raising the £4,000 for portions for the younger children so far as the several terms assigned are or ought to be attendant on the rent charge and trust terms; i.e. in trust for H.S. from time to time as he shall direct and in the meantime to permit the residues of the several terms assigned wait upon and attend the freehold and inheritance of the premises comprised to protect the same from all mesne charges and incumbrances (if any)

Signed & sealed: Walter Minor, Samuel Minor, Hum: Sandford (in pencil John Morris & Edwd. Morris)

Witnesses to sealing Folliott Sandford, solr. Shrewsbury. Hen. Grimley, Clerk to ?W.C. Warren, solr. M. Drayton.

Docketed: Dated 14th February 1795

Mr. Edward Harries and others by the direction of the Miss Sandfords and Folliot Sandford Esqr. to Mr. John Minor and his Trustees. Assignment of four several Terms for securing of one thousand six hundred pounds and Interest.

(In pencil) 18th April 1842 Indenture indorsed.

5 membranes.

Held by
Shropshire Archives
Language
English
Record URL
https://beta.nationalarchives.gov.uk/catalogue/id/137bfb07-46eb-4758-b7b1-518bc1336cad/

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Assignment