1. Charles Baring Young of Hyde Park Terrace, co. Midd'x, esq. and Henry Bolton of...

1. Charles Baring Young of Hyde Park Terrace, co. Midd'x, esq. and Henry Bolton of Moseley near Birmingham, co. Warw. esq.

2. Ann Harding, wife of Rev. Wm. Harding of Sulgrave co. Northants., clerk.

3. Thomas Dickson Archibald of Middle Temple, London, esq. and Sarah his wife.

4. George Samuel Fereday Smith of Parkfield Swinton near Manchester co. Lancs., esq.

5. Frederick Smith of the Priory near Dudley co. Worcs., esq.

6. William Harding.

7. Rev. William Dalton of the Lloyd House par. Penn, co,. Staffs., clerk.

8. Freeman Oliver Haynes of Lincoln's Inn, co. Midd'x., Barrister at Law, Charles Edward Pollock of the Inner Temple, city of London, Barrister at Law and John Henry Hill of 23 Throgmorton Street, London, gent.

9. Henry Rivington Hill of 23 Throgmorton Street, gent.

Reciting:

1831, June 13

1. Sarah Marsh widow (dec'd.) afterwards

2. William Dalton.

3. George Finch, Henry Edmund Bridgeman and James Sheffield Brooks. Marriage settlement of Sarah Marsh and William Dalton (reciting that Sarah Marsh under the will of her late husband Richard Bayley Marsh was entitled among other premises to manors, slordships and freehold premises as therein mentioned and with exceptions as therein mentioned) by which S. Marsh released to 3 a manor and other premises, the manor or lordship of Pilson or Pilstone and other premises including an undivided moiety of a farm called Pigstock which in this settlement was treated as freehold land but was in fact copyhold of the manor of Pigstock to hold the same subject and without prejudice to any leases of the same subject and without prejudice to the premises derived under the will of R. B. Marsh to the payment of £5,000 due on his bond to G. F, H. E. Bridgeman and J. S. Brooks and their heirs, to the use of S. Marsh until her marriage, thereafter to the use of S. Marsh for life and the children of the marriage, after her death as to the first mentioned premises except as therein mentioned to the use of W. Dalton for life and if there should be no children (which happened) then after the death of the one who dies first the premises firstly and secondly mentioned should subject to the life estate of the survivor be to the uses as follows, that is if S. Marsh dies first (which happened) to the use of the heirs of the blood of S. Marsh or of R. B. Marsh with any conditions as S. Marsh should devise.

Will of Sarah Dalton dated 19 May 1846 devising, failing the survival of issue of herself and Wm. Dalton, subject to his life estate, subject to any leases, charges or mortgages created, subject to the charge of £5,000, as to the first described premises (excepting either) to the use of John Evans (a nephew of R. B. Marsh) for life then to the use of G. Finch and C. B. Young in trust for J. Evans, to preserve contingent remainders and after his decease to the use of the children of J. Evans in equal shares in common with limitations re some dying before reaching 21 and daughters dying unmarried and under 21, as to the premises secondly described as to one moiety to the use of G. Finch and C. B. Young during the life of S. Dalton's niece Ann Harding in trust to preserve contingent uses during the life of A. Harding to permit the premises to be enjoyed as A. Harding shall appoint but not to deprive her of the benefit thereof, in default of such appointment to A. Harding for her use and after the decease of A. Harding the moiety should remain to the uses as A. Harding shall appoint or devise, as to the other moiety to the same uses and trusts of the children of the testatrix's late sister Elizabeth Smith as before described for the children of Jn. Evans. The charge of £5,000 on the premises should be regarded as a charge on the premises secondly described.

Death of Sarah Dalton 19 Feb. 1862 without child.

Will proved 8 April 1852.

The moiety of Pigstock Farm was never surrendered to the trustees of the settlements and will but Sarah Dalton having been before her marriage admitted to be tenant to the moiety the moiety descended to Ann Harding (the only child of Sarah Dalton's deceased sister Ann Robinson) and George Samuel Fereday Smith (who was the eldest son of Sarah Dalton's deceased sister Eliz. Smith) as coheirs.

The Testatrix left the following children of Eliz. Smith surviving: George Samuel Fereday Smith, Archibald and Frederick Smith all now 21.

1862, Aug. 26

1. Thomas Dickson Archibald and Sarah his wife.

2. Freeman Oliver Haynes, Charles Edward Pollock and John Henry Hill.

Settlement regarding a 1/6 share to which 1 were entitled and 1/6 share to which 1 might become entitled in default of exercise by Ann Harding of the power of appointment under the will in reversion expectant on the death of A. Harding, the shares being in the premises secondly described in the settlement of 13 June 1831.

£5,000 charged upon the premises was discharged in the lifetime of S. Dalton by her and Wm. Dalton out of money which according to a judgement in court belong to S. Dalton for her own use.

1865 April 19

1. Charles Baring Young.

2. William Dalton and Ann Harding.

3. George Finch.

4. Henry Rotton.

5. Charles Baring Young and Henry Rotton.

1 appointed 4 to be a trustee of the will in the place of 3.

1 and 3 conveyed the premises to 5.

1864, Feb. 2.

1. Ann Harding.

2. George Samuel Fereday Smith.

3. Thomas Dickson Archibald and Sarah his wife.

4. Frederick Smith.

5. Wm. Harding.

Agreement for partition of the premises secondly described in the settlement of 13 June 1831.

1865, April 21

1. Ann Harding

2. Charles Baring Young and Henry Rotton.

Appointment by 1 of all her moiety of the hereditaments agreed to be partitioned subject to the estate in trustees during her life in trust for her use under the will to the use of 2 in trust to complete the partition.

28 June 1865. Decree of Chancery, in a cause between George Samuel Fereday Smith, Thomas Dickson Archibald and Sarah his wife and Frederick Smith, plaintiffs, and Wm. Harding, Ann his wife, Wm. Dalton, John Evans, Harriet Evans (only child of John Evans), George Finch, Sir Francis Luttleton Holyoake Goodricke, Bart., Charles Baring Young, Freeman Oliver Haynes, Charles Edward Pollock and John Henry Hill defendants, being a suit to carry into effect the agreement for partition and to ascertain whether the sum of £500 still remains a charge on the premises secondly appointed and devised by the will. It was declared that Wm. Dalton, John Evans and Harriet Evans were not entitled to any of the premises which were the subject of the agreement of 2 Feb. 1864 and Wm. Dalton was not entitled to any charge on the premises for the sum of £5,000 and interest in the pleadings mentioned; the court being of the opinion that it would be for the benefit of Sarah Archibald and Ann Harding for the partition to be carried out, decreed the same and ordered that conveyances of the shares should be made to F. O. Haynes, C. E. Pollock and J. H. Hill as trustees of the settlement of 26 Aug. 1862 and to G. S. F. Smith and F. Smith and A. Harding by the plaintiffs and defendants.

Wm. Dalton contends that the decree is erroneous as to the sum of £5,000 having been discharged out of money belonging to St. Dalton for her separate use but consents to join in these presents for the purpose of setting at rest any claim of his in respect of £5,000.

Wm. Dalton also consented to take part in these presents to release any claim of his in the moiety of copyhold premises.

The Second Schedule of these presents contains a statement of sums payable for equality of partition, the sum of £7 10s. appearing to be due from the moiety of which A. Harding is tenant for life has been provided by her out of her own money and £269 3s. 4d. appears to be due from the share of T. D. Archibald and Sarah his wife has been paid out of their own money. These two sums being together £276 13s. 4d. have been paid to G. S. F. Smith and F. Smith in the shares in which they are entitled to.

Certificate of Chief Clerk of the Judge dated 26 March 1866 that the Judge approves these presents.

Duplicate Deed of Partition by which A. Harding as to the moiety of which she is tenant for life in equity under the will appoints and T. D. Archibald and Sarah his wife as to 1/6 share of the premises comprised in the indenture of 26 Aug. 1862 appoint that all the premises over which they have such power shall be on trusts hereinafter declared. C. B. Young and H. Rotton and also A. Harding, T. D. Archibald, Sarah his wife, G. S. F. Smith and F. Smith and by the direction of F. O. Haynes, C. E. Pollock and J. H. HIll do grant and confirm to H. R. Hill all the manor of Pilson or Pilstone, all those freehold messuages and lands of 1203 a. 20 p. in Chetwynd, Edgmond and Newport, a particular of which (along with the individed moiety equivalent to 41 a. 1 r. 26 p. of Pigstock Farm, containing 82 a., 3 r., 12 p.) is contained in the first schedule to hold on the trusts as hereinafter declared.

The appointment and grant shall operate on trusts as follows; as to the manor of Pilston and the messuages and lands in the first part of the first schedule, to the uses subject to which the moiety by the will of S. Dalton appointed upon trust for A. Harding for life of the manor and hereditaments secondly described in the settlement of 13 June 1831 stood limited by the will of S. Dalton and the indentures of 26 Aug. 1862 and 19/21 April 1865; as to the messuages and lands comprised in the second part of the first schedule to the uses subject to which the one sixth share and premises comprised in the indenture of 26 Aug. 1862 stood limited to; as to the messuages and lands other than the moiety of Pigstock Farm aforesaid comprised in the third part of the first schedule to the use of G. S. F. Smith; as to the messuages and lands in the fourth part of the first schedule to the use of F. Smith. Appointment to G. S. F. Smith by 1, 2, 3, 4, 5 and 7 of the moiety of Sarah Dalton of premises treated in the first settlement and will as freehold but being copyhold and being Pigstock Farm mentioned in the third part of the first schedule and its appurtenances which moiety is 41 a., 1r. 26p., so that G. S. F. Smith might be admitted tenant as part. Covenant by Ann and Wm. Harding with G. S. F. Smith to surrender the half part and any other part which descended to A. Harding as one of the coheirs of S. Dalton of the moiety of which S. Dalton was tenant for life of Pigstock Farm, to the use of G. S. F. Smith and his heirs according to the custom of the manor. W. Harding as to the moiety of A. Harding and T. D. Archibald as to the share of S. Archibald and G. S. F. Smith and F. Smith as to their shares of the premises covenant with H. R. Hill that they have powers to convey and appoint the premises, guarantee of free entry and occupation.

Schedules of premises.

First Schedule: Part 1: lands allotted to Ann Harding in parishes of Chetwynd and Newport.

Part 2: lands allotted to Sarah Archibald in parish of Edgmond.

Part 3: lands allotted to G. S. F. Smith in parishes of Edgmond and Newport.

Part 4: lands allotted to Frederick Smith in parish of Chetwynd.

Second Schedule: Valuation of timber on the various estates.

Apportionment of sums.

Sums paid for equality.

Explanation of sums paid.