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Assignment of a mortgage

Catalogue reference: 465/626

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

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Full description and record details

Reference
465/626
Title
Assignment of a mortgage
Date
14 February 1795
Description

1) Thomas Bayley, gentleman, of Preston Brockhurst, eldest son and executor of Thomas Bayley, late of the same place, gentleman, decd.

2) Edward Harries, Esq., of Cruckton

3) Elizabeth Sandford, Barbara Sandford & Susanna Sandford, all of Shrewsbury, spinsters, and 3 of the daughters of Elizabeth Sandford decd. late wife of Humphrey Sandford of the Isle of Up Rossall, Esq, also decd.

4) Folliot Sandford, Esq of the Isle of Up Rossall

5) William Minor, farmer, of Longford in the parish of Moreton Say.

Recitation of lease & release of 23 & 24 May 1759 see 465/ & . Whereas Thomas Bayley the father died 1775 leaving his will of 11 April 1770 and appointed T.B. party hereto his sole executor, who proved it in the Ecclesiastical Court of the Diocese of Lichfield & Coventry on 24 October 1775; and whereas Elizabeth Sandford by her will of 22 April 1790 bequeathed & appointed to Edward Harries the sum of £600 on trust that he should after her death and the death of her husband, Humphrey Sandford cause the exors. or adminors. of Thos Bayley to raise by demise or mortgage of the pieces of land, i.e. (the Upper & Lower Bottom Pieces in the Isle of Up Rossall) comprised in the term of 500 years, £600 to be paid amongst her 4 daughters, Elizabeth, Barbara, Susanna & Charlotte to be equally divided among them, & in case any of her daughters dies before the same is payable then the share to go to the survivors; and whereas Humphrey & Elizabeth are both dead leaving 4 daughters all of whom have attained 21; and whereas Eliz; Barbara & Susanna have lately applied to and called on their brother Folliot who is entitled to the next and immediate estate of freehold of the premises in the term of 500 years subject to the term to discharge their parts of the £600, & Folliot has requested William Minor to advance £450 to pay the same, which he has agreed to on the re-payment being secured by an assignment of the term; & all interest due to the 3 sisters in respect of their shares of the £600 has been paid; and whereas Charlotte is incapable of giving a legal discharge for her share of the £600, therefore it has been proposed and agreed that the portions of the 3 shall be raised out of ¾ of the lands in the term and that the residue shall remain unassigned to secure the portion of Charlotte; now in consideration of £150 to each of the 3 sisters from Wm Minor with the consent of T.B., E.H. & F.S. in full satisfaction of the shares of the 3 sisters in the £600, & 5/- to T.B., T.B. at the request and by the direction of the 3 sisters as of E.H. & F.S. has assigned to W.M. ¾, the whole into 4 equal parts to be divided of the Upper Bottom-piece alias the Feggy piece & the Lower Bottom piece in the Isle of Up-Rossall now in the tenure of Edward Gittins and of all ways, commons & advantages & appurtenances belonging, & the right & title of T.B. & F.S. to the property; to hold to W.M. his executors, administrators & assigns for the remainder of the 500 years subject to the proviso for redemption, i.e. that if F.S. or the person who after his death shall be entitled to the next and immediate estate of freehold or inheritance in or to the hereditaments assigned shall pay to W.M. £450 with lawful interest on 14 August next, then W.M. will at any time at the request and costs of F.S. assign the ¾ of the lands to such person(s) as he shall appoint free from all incumbrances made by W.M.; and F.S. covenants to pay the sum with interest at the appointed time; and Thos Bayley covenants that neither T.B. decd. nor he himself since T.B.'s death has done anything affecting the property or term of 500 years.

Signed & sealed: Tho: Bayley, Edwd: Harries, Elizabeth Sandford, Barbara Sandford, Susanna Sandford, Folliot Sandford.

Endorsement: Witnesses to sealing by the Sandfords and Edward Harries, and receipts of £150 each by the 3 sisters: Sam;: Holland and John Lee.

Witnesses to sealing by Thos Bayley: Tho:Lloyd Bayley Margt. Bayley.

Docketed: Dated 14 February 1795

Mr. Thomas Bayley by the direction of the Miss Sandfords, Folliot Sandford Esqr. and anor. to Mr. William Minor.

Assignment of a Term of five hundred years for securing £450.

Note: "This Mortgage of £450 was repaid and discharged by my Father Folliot Sandford Esqr. to the above named Mr. W. Minor on Saturday the 26th day of September in the year 1801 and in the presence of me Humphrey Sandford."

2 membranes.

Held by
Shropshire Archives
Language
English
Record URL
https://beta.nationalarchives.gov.uk/catalogue/id/5cc9db2e-1ab0-414e-a5eb-0c528d1c669a/

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120,163 records

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Assignment of a mortgage