Deed to invest £4,800 in trustees

1) The Rev. George Holland, Clerk, of Shrewsbury Frances Holland, his wife, before her marriage called Frances Sandford

2) Humphrey Sandford, Esq of the Isle now resident in Shrewsbury

Francis Southern, gentleman, of Lydbury.

Recitation of lease & release of 28 & 29 April 1790 (465/617 & 465/618)

Recitation of Articles of Agreement 12 May 1790 (465/619)

Whereas the marriage soon afterwards took effect between George & Frances and they have issue now living i.e. Frances Holland an infant of 16 and there is no probability of them having any more children; and whereas George has not made any grant or demise of the pieces of land mentioned in the articles to 2 or more trustees for 500 years; Recitation of lease & release of 23 & 24 June last past

Whereas the last indres have been executed by G.H. but the £4,800 has not nor has any part of it been paid to G.H. but remains in the hands of Edward Wheeler; and whereas as a consideration and inducement to Frances Holland for her joining in the sale and conveyance to Wheeler of the messuages, farm, lands, tithes & premises comprised in the last recited indres, G.H. proposed and agreed that the £4,800 should be paid to H.S. and Francis Southern on the trusts hereinafter mentioned for the benefit of G.H. and Frances his wife & their children; George Holland transfers to Humphrey Sandford and Francis Southern, their executors, administrators & assigns the £4,800 still in the hands of Edward Wheeler and all interest becoming due, to hold to Humphrey Sandford and Francis Southern & their exors. etc. on the trusts after mentioned & for the better enabling H.S. & F.S. to recover & receive the £4,800, interest and premises assigned, G.H. has constituted & appointed H.S. & F. Southern & the survivor of them his exors. admors & assigns jointly or severally his true and lawful attornies on the trusts to ask and recover from Wheeler the £4,800 & interest and in case of nonpayment thereof to prosecute any suit for the recovery thereof & do all such things necessary for receiving the £4,800 as fully as G.H. might have done; and it is agreed by G.H. & his wife that H.S. & F.S. shall be possessed of the £4,800, interest and premises on such trusts with such powers as G.H. & his wife by any deed shall jointly and in default of such direction and until it is made & as to such part for which no direction has been made, upon trust that H.S. & F.S. shall as soon as conveniently may be with the consent of G.H. & his wife or the survivor of them, & after the death of such survivor with the consent of the executors or admors. of G.H. to place out or invest the £4,800 on Government or real security at interest and on trust with such consent whenever it shall be thought proper to change & dispose of the securities and invest the same on securities or funds of the like nature until the trust money shall become payable by virtue of the trusts and directions hereinafter contained; and in trust to pay the interest, dividends and yearly proceeds arising from them as they shall come in to G.H. for his life & at his death of G.H. on trust that H.S. & F.S. shall out of the trust money and premises set apart £1,000 for the portions of Frances Holland, the daughter & all other daughters & younger sons of G.H. by F. his wife, and stand & be possessed of the £1,000 & the interest and dividends therefrom arising on the same trusts for the benefit of Frances Holland the daughter & such other children as in the Articles of 12 May 1790 are expressed re the £1,000; provided that if the £1,000 shall not become actually vested and payable by virtue of the trusts & provisions of the articles then the £1,000 shall sink into and go along with the said funds, money & premises out of which is directed to issue and arise & on the trusts etc. re the same, on trust to pay the interest, dividends & yearly proceeds arising from the trust money to Frances Holland the mother and her assigns or permit her to receive the same during her life & after her death in trust for the 1st son of G.H. by F. & in case such son shall die under 21 & without issue, in trust for the 2nd son of G.H. by F. and if such son shall die under that age without issue in trust for all other sons of G.H. by F., and in case there shall be no sons of G.H. by F. or is they shall all die under 21 without issue then the trust money and premises shall be in trust for Frances Holland the daughter and for all other daughters of G.H. & F. to be equally divided between them, but if there shall be no such after born daughters, in trust for F.H. the daughter the said portion of F.H. & such after born daughters to be vested at her or their ages of 21 or days of marriage which shall happen 1st so as such marriage be had with the consent of G.H. if living, but if dead then with the consent of Frances his wife and if also dead with the consent of the executors or administrators for the time being of G.H. but to be paid at the times hereinafter mentioned i.e. the portion or portions of such daughter or daughters as shall not become vested interests during the joint lives of G.H. & F. his wife or the life of the survivor of them to be portion or portions of such daughter(s) as shall become vested in her or them during the joint lives of G.H. & F. or during the life of the survivor of them to be paid immediately after the death of such survivor; on further trust that H.S. & F.S. shall after the death of the survivor of G.H. & Frances pay the interest, dividends & yearly produce of the portions of the daughters in the trust money for the maintenance, education or benefit of such daughter(s) until her or their portion(s) shall become payable; and it is; and it is agreed that if Frances Holland, the daughter or any after born daughters shall die under 21 or marry without such consent as aforesaid and afterwards die under that age, then as well the original share as every other share of her or them so dying in the trust money & premises shall be in trust for the others of them vested or payable sooner than the original share(s); and it is agreed that if Frances the daughter and any other daughters, if there is any such daughter(s) shall die under 21 or marry without consent & then die under age then the trust money & premises vested in H.S. & F.S. shall be in trust for G.H., his exors, adminors, & assigns as part of his personal estate; provided that if Frances the daughter dies in the life time of G.H. without having been married and whether shall have attained 21 or not, then without prejudice to the estate right & interest therein of F.H. the mother and the child and children of the marriage hereafter to be born the trust money & premises shall be in trust for G.H. etc. Provided that notwithstanding the trusts declared above re the £4,800, interests and premises the sum of £4,800 shall in the 1st place & prior to the same trusts remain & be subject to all the covenants & agreements by the said release of 24 June last declared on behalf of G.H., to the interest that G.H. his heirs, executors & admors. and his & their lands & tenements, goods & chattels shall & may by & out of the £4,800 & premises be sufficiently saved & indemnified from the covenants & agreements & all actions, claims & demands on account thereof; provided & it is agreed between the parties that the provision made for F.H. the mother, F.H. the daughter & all other children of G.H. & F. is made on this condition that the same shall be accepted & taken by them in lieu & satisfaction of every provision, right, benefit or interest which they may claim or be entitled to by virtue of the release of 29 April 1790 and the articles of agreement of 12 May 1790; and that the person(s) neglecting or refusing to accept the same shall be excluded from & debarred of all benefit of the provision made for him, her or them; & it is agreed that on payment by anyone of the trust money to H.S. & F.S. their receipts shall discharge the person paying the sum; provided always that in case H.S. & F.S. shall die or be desirous to quit and be discharged from the trusts and powers in them reposed before the trusts are fully executed, then G.H. & his wife, or the survivor of them and after the death of such survivor for the executors or administrators of G.H. by any writing under their hands & seals with 2 or more witnesses to substitute & appoint any other person(s) to be a trustee or trustees, and when any new trustee shall be appointed all the trusts estates and premises and all securities for the same shall thereupon with all convenient speed be reconveyed & assigned on the trusts and under the powers declared of the same & the new trustee may in all things act in the execution of the trusts & powers with the surviving trustee as fully and to all interests as if he had been originally nominated a trustee by these presents; and it is agreed that the trustees shall be charged and chargeable only for such monies as they shall actually receive by the trusts and one shall not be answerable for the others but each for his own acts, receipts, or defaults nor shall they be accountable for any person acting under or employed by them in the receipt, payment or management of any of the trust monies nor for any Bank, broker or other person with whom the money is deposited for safe custody, nor shall they be accountable for any loss or damage happening by insufficiency or deficiency of any securing stocks or funds in which the trust estate and premises shall be placed out or invested nor for any other misfortune loss or damage happening in the execution of any of the trusts except as shall happen by their own wilful default; and the trustees may out of the monies coming to them by the trusts retain to & reimburse himself and allow his co-trustee(s) all charges, damages & expenses as they sustain in the execution of the trusts.

Signed & sealed: George Holland, Frances Holland, Hum: Sandford, Francis Southern.

Endorsement: Witnesses to sealing by the Hollands & Humphrey Sandford: Wm Coupland, Jn: ?Crutshloe, his clerk.

Witnesses to sealing by Francis Southern: Wm Coupland Attorney, Shrewsbury, and Thomas New Hallifax, his clerk.

Docketed: Dated 17th August 1808

Deed to invest in Trustees the Sum of £4,800 arising from the Sale of estates in the Parish of Tenbury Com Worcester Upon Trust & c - The Reverend George Holland and Mrs. Holland to Humphrey Sandford Esq: & Francis Southern Gentleman.

4 applied seals.

7 membranes.