Lease and Release, the release between

1. Humphrey Sandford, Esq. of the Isle of Up Rossall Elizabeth his wife

Humphrey Sandford, jnr, Esq. eldest son and heir apparent of H.S. snr. and Elizabeth.

2. Francis Walker, Esq. of Ferny Hall

Thomas Harries, Esq. of Cruckton

3. John Harries, gentleman, of the Middle Temple, London.

4. Thomas Ottley, Esq. of Pitchford

Roger Kynaston, Esq. of Shrewsbury.

The Sandfords for barring all estates tail and remainders expectant on the manors, messuages lands and hereditaments after mentioned and for settling the same to uses, they grant to John Harries the Manor of Edgton and the Manor of Boyston alias Bayston and all the messuages and hereditaments in Edgton, Brunslow, Horderley, Wolston and Bayston heretofore in the tenures of Mathew Sandford, James Lucas, John Lucas, Humphrey Owen, John Lloyd, William Watts, Ann Richards, Benjamin Preece, Martha Cockchutt, Thomas Mawbury, Humphrey Johnson, Samuel Eykin, John Hodges, Elizabeth Gittins, and Henry Kenrick but now in the holding of Thomas Rubathan, Charles Sandford, Humphrey Owen, Ann Bavan, widow, John Cockshutt, William Wood, and John Kendrick; and the messuages and lands in Up Rossall alias the Isle of Up Rossall in the liberties of the town of Shrewsbury in the tenures of Humphrey Sandford, snr. and of Timothy Ferrington and Thomas Wildblood but now in the possession or occupation of Humphrey Sandford snr. and John Weston and Thomas Ferrington, which manors, messuages and premises were the estates of Humphrey Sandford snr. before his marriage with Elizabeth; and the capital messuage in Up Rossall heretofore in the possession of Timothy Seymour, gentleman and of Edward Edwards; the messuage in Up Rossall heretofore in the possession of Timothy Seymour with certain meadow lands belonging being heretofore a pond or pool of water called the Isle Pool and heretofore in the possession of T. Seymour gent. deceased, which capital messuage and other messuage meadow pool ground and premises were heretofore the estate of T. Seymour deceased and were purchased by Humphrey Sandford of John Stanier, gent who some time before had purchased the same of T. Seymour, which last mentioned premises are now in the possession of H. Sandford and John Weston; the 33 messuages with all buildings and lands belonging in Priest Weston alias Weston Parva and Middleton in the parish of Chirbury heretofore in the tenures of John Pearce and Richard Chilton but now or late of Richard Butler, Robert Chilton, and Richard Harries; and all rights , and the title, reversion etc. of the Sandfords to the property, and all other of their property in the same places, to hold to John Harries, his heirs and assigns to the only use of John Harries to the intent that he become perfect tenant to the freehold to suffer a recovery, and it was agreed that before the end of the present Michaelmas term Kynaston and Ottley should sue J.H. for the 2 manors and 13 messuages, 13 gardens, 600 acres of land, 200 acres of meadow, 500 acres of pasture, 200 acres of furze and heath and common of pasture for all manner of cattle in Edgton, Boyston, Brunslow, Horderley, Wolston, Up Rossall, Priest Weston and Middleton and in the parishes of St. Chad, Condover, Edgton, and Chirbury, and John Harries shall vouch to warranty Humphrey Sandford snr. Elizabeth his wife, and Humphrey Sandford jnr.; it was agreed that the recovery and any other assurances should be the following uses: as to the Manor of Bayston with the messuages and lands belonging, in the holding of William Wood and John Kendrick to the use of such person(s) on such trusts as H.S. snr. shall by writing appoint, and in default of direction to the use of such child(ren) of H.S. and Eliz. on such trusts as Eliz: in case she survives her husband directs, and in default of direction to the use of H.S. snr. his heirs and assigns for ever; and it was agreed that the Manor,messuages and premises should be discharged of dower which Eliz. may be entitled to out of the premises; and as for the messuage and lands in Edgeton now in the tenure of Thomas Rubathan, to the use of H.S. jnr. and his assigns and after the determination of that estate to the use of Thomas Ottley and Roger Kynaston and their heirs for the life of H.S. jnr. on trust to preserve the contingent remainder permitting H.S. jnr. to take the rents and issue of the premises for his use for his life; as for the Manor of Edgeton and all the messuages and lands before mentioned in Edgeton, Brunslow, Horderley, Wolston, Up Rossall, Priest Weston, and Middleton, and the messuage in Edgton in the holding of Thomas Rubathan after the death of H.S. jnr. to the use of H.S. snr for his life and after the determination of that estate to the use of Ottley and Kynaston for the life of H.S. snr. to preserve remainders permitting H.S. snr. to have the profits during his life and after his death to the intent that Elizabeth his wife, in case she survives him, may receive out of all the messuages, lands and hereditaments so limited to H.S. snr. for life an annuity of £250 as her jointure in lieu of dower at the four quarterly days at Michaelmas, Christmas, the Annunciation and the feast of St. John the Baptist; if the annuity is unpaid for 30 days, Elizabeth may enter the premises and make distraint, and subject to the annuity to the use of Francis Walker and Thomas Harries for 400 years and after the determination of the term, to the use of Ottley and Kynaston and their heirs for the life of H.S. jnr to preserve the contingent remainders, letting H.S. jnr. receive the rents and after his death to the use of his 1st son and the heirs male of such son, and in default of such issue to the use of the 2-7th and all other sons of H.S. jnr in order of seniority and their heirs male, and in default of such issue to the use of Foliott Sandford, 2nd son of H.S. snr. for his life and after his death to the use of Ottley and Kynaston for the life of Foliott Sandford to preserve the contingent remainders, F.S. receiving the rents, and after his death to the use of the 1st son of F.S. and his heirs male, and in default of such issue to the 2-7th sons of F.S. and all other sons and their heirs male, and in default of such issue to the use of Edward Sandford 3rd son of H.S. snr. for his life and after his death to the use of the 1st-7th and other sons of E.S. and their heirs male and in default of such issue to the use of every other son of H.S. snr. by Elizabeth their heirs male and in default of such issue then as for the Manor at Edgeton and the messuages and lands mentioned to be in Edgeton, Brunslow, Horderley, Woolston, Up Rossall to the use of the right heirs of H.S. snr. for ever; and as for the several messuages and lands in Priest Weston and Middleton, to the use of the right heirs of Elizabeth for ever; and it was agreed that the term of 400 years limited to Walker and Harries in trust that when the annuity of £250 is unpaid for 40 days, Walker and Harries shall permit Elizabeth to take the rents of the premises until the annuity has been paid; and it is agreed that if there is an issue male of H.S. snr by Elizabeth living at the death of H.S. snr. who ought to be entitled to the immediate freehold and inheritance of the Manor,messuages and lands comprized in the term of 400 years and there shall be besides one or more daughter(s), younger son(s) of H.S. snr. by Elizabeth at the death of H.S. snr, then it may be lawful for H.S. snr. in his life time or by Elizabeth if she survives him by any writing witnessed to charge the Manor, messuages, lands and premises in the term by creating a term for years for raising a sum not over £2,000 to be paid among such daughters and younger sons as H.S. snr. or Elizabeth by writing appoints, but if H.S. and Elizabeth die without making any such charge and appointment the term of 400 years is also on the further trust that Walker and Harries shall out of the rents of the premises in the term of part of them or by sale or mortgage levy the £2,000 for the portion(s) of all such daughters and younger sons not entitled to the immediate freehold and inheritance who shall live to attain 21 or be married, to be equally divided between them if more than but if but one such who live to attain such age or be married then such one to the whole of their portions to be paid at 21 or married, unless in the lifetime of H.S. snr. or Elizabeth in which case the same to be paid within 6 calendar months after the death of the survivor of H.S. snr. and Elizabeth, and in case any of the children not entitled to the immediate freehold of the premises shall at the death of H.S. snr. and Elizabeth be under 21 and not married, then on the further trust that Walker and Harries out of the rents and profits of the premises in the term shall yearly raise and pay for each such child's maintenance and education from the death of their father and mother till they attain 21 or are married such sums of money as shall be equivalent to the interest of their portions at 4% p.a. until the portions are payable, to be paid in half yearly payments; it was agreed that the said charge should not prejudice but be subject to the annuity of £250; it was agreed that after all the trusts declared here of the term of 400 years shall be fully satisfied and discharged or by becoming incapable of taking effect then the term of 400 years shall cease; and that the provision made for the younger children shall be in lieu and satisfaction of the £2,000 to be raised for portions of the younger children of H.S. by Elizabeth under a trust of a term of 500 years created in part of the premises by and indenture of release or settlement made previous to the marriage of H.S. with Elizabeth of 29th January 1745/6 between H.S. (1) Elizabeth his then intended wife by her name of Elizabeth Jones, spinster (2) Francis Walker, Esq. and Thomas Harries, Esq. (3) Samuel Harwood, Esq. and Edward Jeffreys, gent (4) William Evans, Esq. and Leonard Hotchkiss, clerk (5); and it is declared that it shall be lawful for H.S. jnr, Foliott Sandford and Edward Sandford or any future son of H.S. snr. by Elizabeth when they are seised of the immediate freehold of the Manor messuages and lands to grant or appoint any of the manor, messuages, and lands of which they are seised subject to the annuity of £250 and term of 400 years to the use of any wife he or they marry during the life of such wife or wives for her or their jointure in lieu of dower so that the premises or annuity issuing out of the same does not exceed the yearly sum of £100 in case the value of the portion in lands or money such wife or wives shall be entitled to as her portion shall be less than £1,250; in case the value of the portion such wife is entitled to shall be equal or exceed £1,250, it may be lawful for H.S. jnr, Foliott and Edward Sandford and any future son to grant limit and appoint the manor, messuages and lands to the use of such wife for her life as her jointure, not to exceed £8 yearly for every £100 that H.S. jnr, F.S. and E.S. shall receive by way of portion with such wife and to charge the premises with any sums as portions for younger children of H.S. jnr, F.S. and E.S. not exceeding £2,000 and with maintenance for the younger children not exceeding the interest of the fortune of such younger children to be computed at the rate of £4 for each £100 p.a.; and it was agreed it might be lawful for H.S. snr. H.S. jnr, F.S. and E.S. as they are seised of the immediate freehold of the premises limited to them for life to demise, grant, limit or appoint the premises of which they are seised to anyone for 21 years or any term determinable on 3 or a lesser number of lives in possession and not in reversion, and on each lease there is reserved and payable by equal halves the best and most improved yearly rent that can reasonably be had and so there be reserved a condition for re-entering for non-payment of the rents and so as the lessees execute counterparts of all such leases, and no clause shall permit the lessee to commit waste or exempt him from the punishment thereof, subject to the annuity of £250 and distress and the term of 400 years for securing the same. If H.S. snr. and H.S. jnr. at any time during the life of Elizabeth with her consent are desirous of exchanging the same Manor, Messuages and lands then H.S. snr. and jnr. may convey the premises of which they are seisedto any person in exchange for any other Manor, messuages or lands of equal or greater value, and for that end to revoke all the uses hereby created of the property so exchanged and declare new and other uses, and the exchanged property to be immediately limited as above; and it may be lawful for H.S. snr. and Elizabeth and H.S. jnr. during their joint lives by any deeds jointly executed and witnessed to revoke any of the uses and declare new ones; H.S. jnr. covenants with Ottley and Kynaston that the premis es shall continue on the uses and be free from all former deeds and incumbrances except a term of 500 years created by the settlement of 11th January 1728/9 made by Humphrey Sandford Esq. deceased father of H.S. snr. and Rebecca his wife (1) Mathew Sandford, gent. and Richard Glough, gent. (2) for raising £1,000 and also except a term of 500 years created by a Release or settlement of 24th May, 1759 between H.S. snr. and Elizabeth his wife (1) Thomas Evans, clerk (2) Thomas Bayley, gent (3) for raising £600 part of the above granted and released premises and the Sandfords and other claimants at the request of Ottley and Kynaston at the cost of the H.S. 's will make further assurances for the better conveying of the premises; and it was agreed that the trustees should not be accountable for any money received by virtue of the trusts any otherwise then each for the sum he receives, and they may reimburse themselves out of the rents all the costs and expenses they incur in execution of the trusts.

Signed and sealed: Hum. Sandford, Elizabeth Sandford, Hum. Sandford jnr.

Endorsement: witnesses to the sealing and interlineation: Edward Jeffreys, Robert Jeffreys.

Lease docketed: Humphrey Sandford Esquire Senr.

Elizabeth his wife and Humphrey Sandford Esquire Junr. to Mr. John Harries Lease of Possession

Dated the 22nd day of November, 1770

Release docketed: Humphrey Sandford, Esq. Sen. Humphrey Sandford Esqr Jun. to Trustees Settlement

Dated the 23rd day of November 1770.

Release has 5 membranes.