Release for making a tenant to the precipe for suffering a recovery of manors and...

By five part indenture between Humphrey Sandford of the Isle of Up Rossall, now eldest son, and Humphrey Sandford esq. deceased brother of Folliot, 1st part, Humphrey Sandford of the Isle, eldest son of Folliot 2nd part, Richard Griffiths of Great James Street, Bedford Row, Middlesex gent. 3rd part, Robert Pemberton of Shrewsbury gent. 4th part, and Jonathan Scott of Netley Hall, but now of Great Marlowe Bucks esq. and the Rev. George Holland of Shrewsbury clerk of 5th part, Whereas by indentures of lease November 23rd 1770 between Humphrey Sandford deceased, Elizabeth his wife, and Humphrey their son 1st part, Francis Walker and Thomas Harries esq. 2nd part, John Harries gent, 3rd part, Thomas Otley and Roger Kynaston 4th part, and by common recovery in which Humphrey Sandford, sen. Elizabeth his wife, and Humphrey their son were vouchees over the manors, messuages etc. to be released on various trusts, and subject to various provisos, viz. to the use of Humphrey Sandford the elder for his life remainder, to the use of Thomas Ottley and Roger Kynaston during his life, on trust to support the contingent remainder and after his decease to the intent that Elizabeth his wife should receive an annuity of £250; to the use of Thomas Harries and Francis Walker for 400 yrs, from the decease of Humphrey Sandford the younger; to the use of Thomas Otley and Roger Kynaston in trust to preserve the contingent remainder; to the use of the first and other sons of Humphrey Sandford; to the use of Folliot Sandford the then second son of Humphrey Sandford and Elizabeth remainder to the use of Thomas Ottley and Roger during the life of Folliot Sandford, in trust to preserve the contingent remainders; to the use of the first and other sons of Folliot Sandford in tail male. Remainder to the use of Edward Sandford third son, to the use of the sons of Edward Sandford. In default of heirs male of Humphrey Sandford and his sons to the use of the right heirs of Humphrey Sandford. Agreed that if there should be an heir male of Humphrey Sandford and Elizabeth who should be intitled to freehold inheritance comprized in term of 400, and there should be one or more daughters or younger sons living at the time of Humphrey Sandford's decease, then it shall be lawful for Humphrey Sandford to charge premises with a created term of years for raising a sum not exceeding £2000 to be divided among the daughters and younger sons. By indenture of release provided that it shall be lawful for Humphrey (younger) Folliot and Edward when they shall be seised with the freehold inheritance of the premises, to limit or appoint the premises or any part to the use of their wives as jointure, which annuities shall not exceed £100 p.a., in case the value on money or lands which the wives shall be intitled to as portion does not exceed £1250. If the value of the wives' portion exceeds £1250, then Humphrey, Folliot or Edward Sandford may appoint the same hereditaments; to the use of the wife for her life, so as the same hereditaments any annuity or yearly payment to be made to issue out of the same by way of jointure did not exceed 8% Humphrey Folliot or Edward should receive with their wives as portions, and also to charge the premises with any sum not exceeding £2000 for portions of the younger children, and for maintenance of such children a sum not exceeding the interest on the fortune of the children at 4%. Agreed that it shall be lawful for Humphrey Folliot or Edward Sandford, at times when theyshall be seised of freehold inheritance of premises, to lease any part for 21 yrs or term determinable by two or more lives; Humphrey Sandford the elder and younger covenant that the premises conveyed by present are free from mortgages,charges etc. except a term of 500 yrs created by an indenture of settlement of 11 Jan: 1728 between Humphrey & Rebecca Sandford (1) Mathew Sandford & Nicholas Clough (2) & by release of May 24th 1759, between Humphrey Sandford and Elizabeth his wife, 1st part Thomas Evans clerk 2nd part, and Thomas Bayley gent of 3rd part for raising £600 on part of the hereditaments. Whereas Humphrey the eldest son of Humphrey and Elizabeth died in the life time of Humphrey Sandford the elder, unmarried and without issue; Folliot Sandford, at the death of Humphrey Sandford the elder, eldest son and heir, Edward Sandford and 5 daughters and Elizabeth survivors; Whereas Folliot Sandford now seised of estate etc. has issue by Isabella his wife, 6 sons and 2 daughters:- Humphrey, Folliot, Edward, Richard, William and Jonathan, and Elizabeth and Anna Bella. Whereas Folliot Sandford has agreed to secure and pay to his son Humphrey the yearly sum of £150 during their joint lives, and Humphrey Sandford has agreed to make a further provision for his mother and other children than that to which they would be entitled by the indenture of release before mentioned, and for this purpose Folliot and Humphrey Sandford have agreed to settle and convey premises, manors etc. in form:- in consideration of above purpose, and of 10s paid to Humphrey and Folliot Sandford by Richard Griffiths, release by Folliot and Humphrey Sandford of the manors of Edgton and Up Rossall with appurtenances, and the capital messuage with orchards, grounds etc. in the Isle of Up Rossall now in the occupation of Folliot Sandford, of c. 75 acres, 1rd, 33 perches; the messuage with the farm land and tenements called The Isle Farm in Up Rossall, late in the occupation of John Weston then of Elizabeth his widow, now of Edward Gittins 210 acres, 3rds, 15 perches. the messuage with farm lands etc. called The Isle Park farm in Up Rossall in occupation of Thomas Farrington, now of Edward Gittins, 228 acres, 25 perches. The messuage with farm lands called The Isle Gate farm, of John Hitchen, 66 acres, 13 perches, the messuage with farm lands late of Thomas Rubathan, but now of Martin Luther, 202 acres and 12 perches, messuage called The Ridgeway tenement, of Humphrey Owens, now of Martin Luther, 21 acres, 1 rd 15 perches, the messuage of Charles Sandford now of Christopher Wilkes, 180ac. 2rds, 39prchs.

The 4 messuages of Mrs Mary Sandford, Christopher Wilkes, and Martin Luther, which last mentioned messuages are in the townships of Edgton, Brunslow, Horderley and Wolston, and all the messuage in Priest Weston and Middleton, parish of Chirbury in the occupation of Richard Butler, Robert Chilton and Richard Harris of late, now of Richard Whittal, of 123 acres, 17perches.; all the rents from estates in the townships of Edgton, Brunslow, Horderley and Wolston within the manor of Edgton amounting to the annual sum of 28s-3d with all houses, buildings etc, woods, pastures etc. belonging to the manors, capital messuages etc. Also all other messuages mentioned in the indenture of lease and release of Nov. 23rd 1770 and the common recovery and for consideration of 5s paid by Richard Griffiths, release by Folliot and Humphrey Sandford son of Folliot of all premises in above.

To have and hold by Richard Griffiths, to the use of Richard Griffiths for the effecting of a common recovery, and for that purpose agreed that it shall be lawful for Robert Pemberton at the expense of Folliot Sandford to present one Writ Sur Diseizin en le Post. Agreed that the common recovery suffered between the parties shall not prejudice the sums of £1600 and £2000 now charged on the premises with interest: Trusts:- for the confirming of the several powers mentioned in indenture of release 1770 reserved to Folliot Sandford when he should be seised of the premises. for provision of his wife, and portions for his children, the messuage with farm land in Edgton in the possession of Christopher Wilkes at yearly rent of £140, of 108acres, 2rds, 39 perches to the use of Humphrey Sandford, subject to proviso concerning the manors of Up Rossall and Edgton with appurtenances, and the capital messuages with other messuages, farms lands etc. no use is agreed to take effect after the common recovery; to the use of Folliot Sandford for his life, then to the use of Jonathan Scott and George Holland for 1000 yrs, after the expiration or sooner determination to the use of Humphrey Sandford and his heirs. Provided that the use made to Humphrey Sandford of the messuage in Edgton is on the condition that Humphrey Sandford shall within 1 month at the expense of Folliot Sandford grant the messuage to Folliot Sandford for 99yrs, reserving to Humphrey Sandford the annual rent of £150 during the continuance of the lease, free of land tax, and payable at Lady Day and Michaelmas; usual clauses for reentry for non payment of rent. If Humphrey Sandford shall refuse to make such a grant within the time stated the messuage so limited to him shall be void, and the trusts etc. agreed upon before making of present shall be reinstated. Agreement between Folliot and Humphrey Sandford that within a month after the common recovery Humphrey will demise the messuage to Folliot Sandford at yearly rent of £150. Agreed that from the messuages limited in use to Jonathan Scott and George Holland, at the dec. of Folliot Sandford, shall be raised £2500 for portions for the younger children of Folliot and Isabella Sandford, to be paid to them in equal shares at stated ages, with maintenance money at a rate of 4% yearly on their shares; payment of full sum when age of 21 or at marriage. Agreed that no child taking any part in the £2500 shall be entitled to many further part in the £2500, until all the children entitled to shares shall have received their portions. Provided that if any of the children intended to take portions under the trust of the 1000yrs term shall die before 21yr old & unmarried, the share shall be divided among the survivors unless Folliot Sandford has directed to the contrary. Further trust that Jonathan Scott and George Holland shall after the death of raise sums not exceeding the interest at 4% on the shares as maintenance for the children under 21 yrs. Provided, that Jonathan Scott and George Holland after the death of Folliot, shall be able to raise sums not exceeding £400 for the advancement and preferment in the world of the younger sons. Agreed that Jonathan Scott and George Holland shall not sell, mortgage or demise any part of the premises comprized in the 1000yrs term until some of the portions shall become payable and the rents etc. shall be received by Humphrey Sandford until the portions become payable Provided that after the trusts concerning the 1000yrs shall be satisfied Jonathan Scott and George Holland shall be reimbursed of all costs and charges, and term shall cease. Provided that Folliot Sandford can by attested deed or writing appoint to Isabella his wife or children, or to any person in trust for the children, yearly rent charges not exceeding £50 to be tax free to be chargeable on the premises limited in use to Folliot Sandford with powers for recovering such sums when in arrears, and the term to take effect after the death of Folliot not to continue after the death of Isabella. Provided that the provision made for the daughters and younger sons of Folliot in present deed shall be exclusive of the provisions made by deed of Nov. 23 1770. Agreement of Folliot Sandford that he will pay all the interest that shall become due on the principal sums of £1000 £600 and £2000 making £3600 in all, and now due on the mortgage or security of the manors, messuage etc. intended to be released, and will indemnify Humphrey Sandford from all suits, claims etc. Agreement of Folliot and Humphrey Sandford with Robert Pemberton that there is nothing to prevent the assuring and conveying the messuages, manors etc. on the several trusts. Also that they will at the reasonable request of Robert Pemberton, and Jonathan Scott and George Holland, but at the expense of Folliot and Humphrey Sandford an act or deed or conveyance for the better assuring of the premises to be conveyed. That the trustees shall not be responsible for any bankers, brokers etc. in whom the trust moneys may be reposited and that the determination of 100yrs to be reimbursed of costs.

4 seals: signed by Folliot and Humphrey Sandford, and George Holland.

Signed, sealed and delivered by Humphrey and Folliot Sandford in the presence of William Coupland, Thomas Farmer Dukes.

Signed by George Holland in the presence of William Coupland.

Parchment. 9 membranes.