Assignment of Mortgages

1) Folliot Sandford, Esq., of the Isle of Up Rossall

2) William Minor, farmer, of Longford, parish of Moreton Say

3) John Minor, gentleman, of Woostile, Salop

4) Elizabeth Sandford, spinster, of Shrewsbury.

5) William Coupland, gentleman, of Shrewsbury and Francis Southern, gentleman, of Lydbury.

Recitation of assignment of mortgage of 14 Feb. 1795 by Thomas Bayley to William Minor (see 465/626)

Whereas on 26 Sept. 1801 Folliot paid £450 to Wm Minor, the principal sum and interest, and W.M. has not assigned the mortgaged premises to F.S. yet.

Recitation of Declaration of trust of 14 Feb 1795 (see 465/625) including recitation of part of assignment of 10 parts of 14 Feb 1795.

Whereas the 2 sums of £450 and £400 still remain owing to Folliot Sandford; and whereas by a bond bearing date herewith F.S. has become bound to Elizabeth Sandford in £1,000 subject to a condition whereby after reciting that Elizabeth had contracted with F.S. for the absolute purchase of an annuity of £45 during her life for £400, and Elizabeth has this day paid to F.S. £400 in notes issued by Messrs. Beck Carless Dodson and Beck Bankers in Shrewsbury, and reciting that for completing of such contract & better securing the payment of the annuity F.S. had executed or would execute an indre of assignment of the same date between F.S. (1), Wm Minor (2) Jno Minor (3) Elizabeth Sandford (4) Wm Coupland & F. Southern (5), to W.C. & F.S. as trustees named on behalf of Elizabeth of the sums of £450 & £400 and the interest, meaning the present indre, and the annuity was intended to be still further secured by the obligation, it is declared that if F.S. pays to Elizabeth yearly during her life the annuity of £45 by 2 equal half yearly payments on 25 March & 29 Sept., the 1st payment on 25 March following the obligation, with no deduction of taxes etc. except income tax, and in case she dies on one of the payment days, then if F.S. shall on demand pay to her executors a half yearly payment of the annuity, or if she dies on any other day then a just proportion of the annuity according to the number of days she lives after the last payment, then the obligation to be void. Now in consideration of the premises and in further pursuance of the agreement, and of 10/- to Folliot and Wm. Minor by Coupland and Southern, Wm Minor at the request of Folliot and at the appointment of Elizabeth Sandford assigned to Coupland and Southern the three undivided fourth parts which by the recited indre were assigned to Wm Minor for the then residue of 500 years, and all the right, & interest of Wm Minor, to hold the three undivided fourth parts assigned to Wm Coupland and Francis Southern for the residue of 500 yrs and for and during all other the estate, term and interest of Wm Minor in the premises subject to such right & equity of redemption on payment of the £450 and interest now subsisting concerning the premises; and Wm Minor at the request of Flliot and at the appointment of Elizabeth has assigned to Coupland and Southern the principal sum of £450 secured to Wm Minor & interest, to hold to sum & premises to Wm Coupland and Francis Southern on the trusts after mentioned, and W. Minor covenants with Coupland and Southern that he has not done anything to incumber the premises; for the said considerations and of 10/- to Coupland and Southern John Minor at the request of F.S. at the appointment of Elizabeth, has assigned and F.S. has assigned to Coupland & Southern the sum of £400 which by the 2nd recited indre of 14 Feb. was declared by John Minor to be in trust for F.S., to hold the £400, interest and premises to Coupland & Southern on the trusts hereinafter declared, and John Minor covenants with C. & S. to incumber the sum or premises; and it is agreed between these parties that C. & S. shall stand & be possessed of the 2 principal sums, interest & premises on the following trusts:- on trust when the annuity of £45 to be paid to Elizabeth is unpaid it may be lawful for C. & S. to call, receive and get in the 2 principal sums & interest or a sufficient part of them and out of the same to levy & pay to Elizabeth such arrears of the annuity as shall be due with all damages, costs & expenses as she or C. shall sustain by reason of the nonpayment; and in case she dies on a day of payment whereupon the annuity is to be paid as above, then on trusts that C. & S. shall by the ways & means last mentioned levy & pay to the executors of Elizabeth a half yearly payment of the annuity, or if she dies on any other day then a just proportion of the annuity, all the principal sums of £400 & £450, interest & premises assigned shall be in trust for Folliot; and it is agreed that C. & S. shall not be accountable or answerable for any money received under the trusts otherwise than each person for such sums as he shall actually receive and not for involuntary losses, and no one of them shall be answerable for the acts, neglects or defaults of the others; and they shall out of the trust estates monies and premises in them vested be allowed to retain to reimburse themselves all their costs as they sustain by execution of the trusts in them reposed.

Signed & sealed: F:Sandford, Willm. Minor, John Minor, Elizabeth Sandford, Wm. Coupland, Fras. Southern.

Endorsement: Witnesses to sealing: Thos: Farmer Dukes, Jno. Crutcholor, both of Shrewsbury, gentlemen, Walter Burley of Shrewsbury, John Perry, servant to Mr. Minor, Will: Cooper, Thos. New Hallifax.

Docketed: Assignment of Mortgages for the better securing an annuity to Miss Elizabeth Sandford and subject thereto

In trust for Folliot Sandford Esquire.

Mr. Wm. Minor & Mr. John Minor by the direction of Folliot Sandford Esquire to Trustees

Dated 1st October 1806.

A Memorial of this Deed was Inrolled in his Matys High Court of Chancery at Twelve a Clock at Noon of the Twentieth day of October 1806 pursuant to an Act of Parliament made for that purpose.

J. Mitford.

4 membranes.