Lease and release

Release between:-

(1) Folliot Sandford, Esq. of the Isle of Up Rossall, now the eldest s urviving son and heir of Humphrey Sandford late of the same place, Esq., by Elizabeth Sandford late his wife, before her marriage with him called Elizabeth Jones, both now deceased.

(2) Humphrey Sandford, Esq. of the Isle of Up Rossall, eldest son and heir apparent of Folliot

(3) Richard Griffiths, gentleman, of Great James St., Bedford Row, Middx.

(4) Robert Pemberton, gentleman, of Shrewsbury

(5) Jonathan Scott of Nettley Hall, but now resident at Great Marlow, Bucks, Esq. and the Rev. George Holland of Shrewsbury

Whereas by lease and release of 22 and 23 November, 1770, the release being between the said H.S. decd. and Elizabeth his wife and H.S. jnr. Esq. then their eldest son and heir apparent (1) Francis Walker, Esq. and Thomas Harries, Esq. (2) John Harries, gentleman (3) Thomas Ottley, Esq. and Roger Kynaston, Esq. (4) and by a common recovery thereupon suffered in which H.S. snr. and Eliz. and H.S. their son were vouchees the manor or Lordship, capital messuage, messuages, farms, lands, tenements and hereditaments after described were conveyed to the uses, etc. after mentioned, i.e. to the use of H.S. snr. for his life, remainder to the use of T.O. and R.K. during his life, on trust to support the contingent remainders and after his death to the intent that Elizabeth his wife should receive the annuity of £250 out of the premises. (See the original 465/606 and 465/607)

Whereas H.S. the eldest son of H.S. snr & Elizabeth died in the lifetime of his father, unmarried; and H.S. snr. lately died leaving E. his widow and issue by her then living, Folliot their eldest son and heir, Edward their younger son and 5 daughters, and H.S. snr. charged the premises with the £2,000 for the portions of his daughters and Elizabeth has also died; and Folliot as heir on the death of H.S. became and is now seised in possession of an estate during his life in the premises assured as in the lease and release of 1770; with a remainder vested in F.S. and a remainder expectant on the death of F.S. to his eldest son in tail male; and Folliot has issue now living by Isabella his wife 6 sons and 2 daughters, i.e. Humphrey Sandford, party hereto, his eldest son and heir at law, Folliot Edward, Richard, William and Jonathan, and Elizabeth and Anna Bella, and F.S. may have more children by Isabella; and whereas F.S. has agreed to pay to H.S., hisson £150 during their joint lives for a present provision for H.S., and H.S. has consented to make a further and better provision for his mother at the election of F.S., her husband and for the other children of F.S. by I. than they would otherwise be entitled to under the recited release, and for this F.S. and H.S. his son have proposed and agreed to settle, convey and assure the premises conveyed by the indres to the uses etc. aftermentioned, now in pursuance of the proposals and for barring an estate tail and the remainders expectant in the Manors, capital messuage, messuages, farms, lands and tenements, later described and for conveying the same, and for 10/ -d. to H.S. and F.S. from Rd. Griffiths, F.S. & H.S. grant to Rd. G. the Manors of Up Rossall and Edgton with the appurtenances; and the capital messuage or mansion house with the orchards, gardens, pleasure grounds, plantations, pools, and lands belonging or now used with the same in Up Rossall alias the Isle of Rossall in the parish of St. Chad, now or late in the possession or occupation of the said F.S., of 75 acres 1 rood and 33 perches; and the messuage or tenement with the farm, lands and appurtenances belonging called the Isle Farm in Up Rossall late in the occupation of John Weston and afterwards of Elizabeth his widow, but now of Edward Gittins, of 210 acres 3 roods 15 perches; and the messuage with the farm, lands and appurtenances called the Isle Park Farm in Up Rossall late in the occupation of Thomas Farrington, but now of the said Edward Gittins of 228 acres 25 perches; and the messuage with the farm, lands, etc. called the Isle Gate Farm in Up Rossall in the occupation of John Hitchin of 66 acres 13 perches; and the messuage with the farm, lands, etc. late in the occupation of Thomas Rubathan but now of Martin Luther of 202 a. 12 p; and the messuage with the farm, Lands, etc. called Ridgway Tenement late in the occupation of Humphrey Owens, but now of Martin Luther of 20a. 1r. 15p.; and the messuage with the farm, lands, etc. late in the occupation of Charles Sandford now of Christopher Wilkes of 180a. 2r. 39p.; and 4 messuages with the garden and lands belonging now or late in the several possessions of Mrs. Mary Sandford, Christopher Wilkes and Martin Luther, all which last mentioned messuages mentioned to be in the occupation of M.L., C.W. & M.S. are in the townships or places of Edgton, Brunslow, Horderley and Wolston and in the parish of Edgton; and the messuage with the farm, lands, etc. in Priest Weston alias Weston Parva and Middleton in the parish of Chirbury late in the several occupations of Richard Butler, Robert Chilton and Richard Harris, now of Richard Whitall, of 123a. 17p. and all those chief or other rents issuing out of the estates in the townships of Edgton, Bru(n)slow, Horderley and Woolston within the Manor of Edgton amounting together to the annual sum of 28/3, with all houses, outhouses, buildings, orchards and gardens, lands, trees and rights and privileges, courts, view of frank pledge and all appertaining to the last, profits of courts, waifs, estrays, goods and chattels of fugitives, etc. etc. belonging or at any time held or taken as part of the property, and all other messuages, lands and tenements which by the lease and release of 22 and 23 Nov. 1770 and the recovery suffered thereon were conveyed to the uses before mentioned and the reversion, remainders, rents, issues and profits of the premises, and the estate, right, and title of F.S. & H.S. in the premises To hold to Richard Griffiths, his heirs and assigns to the use of Richard G. for making him tenant of the freehold of the property in order to suffer a common recovery; and it is agreed that it shall be lawful for Robert Pemberton at the expense of F.S. before the end of the present Michaelmas term or another subsequent term to sue forth out of Chancery a writ of entry against R.G., and F.S. & H.S. shall be vouched to warranty; and it is agreed that immediately after the suffering of the recovery as well as all other conveyances, fines and recoveries of the premises shall be and enure (subject to the sums of £1,000, £600 and £2,000 due and charged on the premises) to the uses on the trusts and for the purposes hereinafter expressed; i.e. 1st for the ratifying of the powers by the release of 23 Nov. 1770 given to F.S. when he should be seised of the immediate freehold of the premises for life of committing waste and of jointuring or of making a provision for the present wife of F.S. and any other he may marry and of providing portions for the daughters and younger sons of F.S., and it is the intention of the Sandfords that all the powers reserved to F.S. may be executed with regard to the whole of the property by F.S. as if the recovery to be suffered had not been executed; and subject thereto as to the messuage in the parish of Edgton now in the possession of Christopher Wilkes, at the yearly rent of £140 to the use of H.S. for ever, subject to the proviso re it; and as for the Manors of Up Rossall and Edgton, and the capital messuage, and all other messuages, farms and lands mentioned and to be released of which no use is before declared to take effect after the suffering of the recovery to the use of F.S. and his assigns for his life, and after his death to the use of J. Scott & Geo Holland for 1000 years on the trusts declared re the same, and after the expiration or sooner determination of the term, to the use of H.S. and his heirs and assigns for ever; provided and it is agreed that the use and limitation before made to H.S. of the messuage in Edgton (Chris: Wilkes) to take effect after the suffering of the recovery are declared to H.S. on this condition that he shall within 1 calendar month next after the suffering of the recovery, will in due form of law at the expense of F.S. grant and demise the messuage to F.S. for 99 years from 29 Sept. last, if F.S. so long live for £150 p.a. paid on 25 March & 29 Sept. free from land tax and income tax, 1st payment on 25 March next; with provision for re-entry on non-payment of rent and covenant for payment of rent regularly; if H.S. refuses or neglects to execute such demise within the time and in the said manner, then the use of the messuage to H.S. shall cease and be void, then the messuage shall be and remain and the recovery to be suffered as to the same premises shall enure to the uses, on the trusts to which they were settled before the making of the presents; and H.S. covenants within 1 calendar month after the Recovery at the expense of F.S. demise the said messuage in Edgton at the yearly rent of £150 to F.S. for the aforesaid term; and it is agreed that the manor, capital messuage, messuages, farms and lands and rents before limited to J.S. & G.H. for 1,000 yrs. are so limited on the following trusts, i.e. that J.S. & G.H. or the survivor of them shall after the death of F.S. by demising, assigning or otherwise disposing of the hereditaments in the term for all or part of the term or out of the rent, issues and profits of the premises or by bringing actions against the tenants as occupiers of the premises for the rents in arrears or by any other ways levy and raise £2,500 for the portion(s) of the child(ren) of F.S. by Isabella and now living and to be born, except H.S., the same to be shared between the children in such parts and shares and to vest in and after the death of F.S. to be paid to them or at such ages or times and to be subject to such annual sums not exceeding 4% p.a. for maintenance money or interest the same being for the benefit of one or more such children except H.S. as F.S. by any deed(s) shall direct, and for want of such direction the sum of £2,500 to be paid to the children entitled to it equally, the shares for sons to be an interest vested or interests vested in him or them at 21, and for daughters at 21 or marriage, if after F.S.'s death, but if before, immediately on his death. Provided that no child taking any part of the £2,500 by direction to be made by F.S. shall be entitled to any further share of the sum of which no appointment shall be made until the child or children for whom portions are intended shall have received or become entitled to a share in the sum equal in value to the share so to be directed; and if is agreed that if any of the children intended to take portions under the trusts of the term of £1,000 being a son shall die under 21 or being a daughter under that age or unmarried, then in case no such direction shall be made by F.S. to the contrary, the portion intended for such child so dying or so much of it as shall not have been raised or paid for the preferment or advancement in the world, shall accrue and belong to the survivors or others of such children and paid to them in equal parts when they receive their shares, and the same arrangement shall be carried out in case of the deaths of any others of the children, and on the further trust that Jonathan Scott and George Holland shall after the death of F.S. out of the rents & profits of the premises comprised in the term of 1,000 years levy for the maintenance and education of the children for the time of F.S. for whom portions are intended to be provided until their portions becomepayable, not exceeding the interest of such portions at the rate of 4% as F.S. shall by deed or will appoint, and for want of such direction such yearly sum to be free of all deductions for taxes and to be raised and paid in such manner when Scott and Holland think it meet; and it is declared that it may be lawful for Scott & Holland at any time after the death of F.S. to levy by the said ways for the advancement & preferment in the world of any child being a son, except Humphrey Sandford, any sum of money not over £400 which shall be taken to be in part of the portion for such younger son, and pay the money for the placing out, preferment, advancement or benefit of the son as Scott & Holland in their discretion think fit, notwithstanding the portions of such sons shall not then have become payable; and it is declared that Scott and Holland shall not sell, mortgage, or demise any part of the Manors or premises in the term of 1,000 years until one of the portions or some part of it has become payable, and that the rents & profits of the premises or so much as remains after answering the trusts shall until one portion is payable be received by H.S. for his benefit; and it is agreed that immediately after all the trusts of the said term shall in all respects be fully performed or become unnecessary or incapable of taking effect, and Scott & Holland shall be fully reimbursed all costs occasioned by the trusts, the same term shall as to so much of the manors and premises comprised in it as shall not have been sold or mortgaged for the said purposes, absolutely cease, and as to such of the premises as shall have been mortgaged for the purposes shall, subject to such mortgage, wait upon the freehold and inheritance of the premises mortgaged; and it is agreed that it may be lawful for F.S. at any time by deed or writing or his will to grant, limit of appoint to the use of Isabella now his wife for his life or to all or any of his children by her, except Humphrey, in trust for such children and to have continuance during the life of Isabella any annual sum or yearly rent charge not over £50 p.a. the same to be tax free and without any deduction, to the issuing out of and chargeable on all the manors and premises hereinbefore limited in use to F.S. for his life with such poweres and remedies for recovering such annual sums when in arrears and such term of years for better securing the payment thereof to take effect from the death of F.S. as to him shall seem meet, provided that all such annual sums shall not exceed £50 p.a. and not endure beyond the natural life of Isabella; and it is agreed that the provision made for the daughters and younger sons of F.S. & I. shall be over and above and exclusive of every other provision, portions or advantage made or intended for them by virtue of the said indre of release of 23 Nov. 1770 or of any appointment already made or to be made by F.S.; and F.S. covenants with H.S. that he F.S. will during his life pay all the interest due in respect of the 3 principal sums of £1,000, £600, & £2,000, in all £3,600 now due and owing on mortgage or security of the manors & premises hereby released, and will indemnify H.S. & his heirs and the messuage, farm, lands, & premises in the parish of Edgton, now in the occupation of Christopher Wilkes first before limited in use to H.S. from all payment of the said interest and from all claims & actions on account of it; and F.S. & H.S. separately not jointly covenant with Pemberton, that the Sandfords have not done anything preventing them from conveying the manors & premises and that they and all other claimants of the premises shall from time to time and at all times hereafter at the request of Pemberton or of Scott and Holland at the expense of F.S. levy, suffer etc. further actions and assurances in the law for the better conveying of the premises to enable Scott and Holland to carry into execution the trusts in them reposed; and it is agreed that Scott & Holland shall be charged and chargable only for such money as they shall respectively actually receive by virtue of the trusts in them reposed notwithstanding their giving or signing or joining in giving any receipt for the sake of conformity, and that no one shall be answerable for the others nor for the acts or defaults of the others, & they shall not be answerable for any Banker, broker or other person with whom the trust money is deposited or otherwise in the execution of their trusts nor for any misfortune in the execution of the trusts except caused by their wilful defaults; and they may out of the rents, issued and profits of the premises in the term of 1,000 years be allowed & reimburse themselves all their costs occasioned by the execution of the trusts; and it is agreed & F.S. covenants that the costs of making & executing these presents and of the common recovery agreed to be suffered and of the making of the grant and demise hereinbefore covenanted to be made by H.S. and all other costs of carrying into execution the said proposals & agreements between F.S. & H.S. shall be wholly paid by F.S.

Signed & sealed: Folliot Sandford, Hum: Sandford, Geo: Holland. (The Sandfords only signed the lease).

Endorsement: Witnesses: Wm Coupland, Thos. Farmer Dukes.

Docketed: Lease:- Dated 14th Novr. 1804 Folliot Sandford and Humphrey Sandford Esqrs. to Mr. Richard Griffiths

Lease of Possession.

Release: Release for making a Tenant to the Precipe for suffering a Recovery of Manors and Estates in the County of Salop and declaring the uses thereof - Folliot Sandford and Humphrey Sandford Esquires to Mr Richard Griffiths. Dated 15th November, 1804.

Release: 9 membranes