Settlement by the Rev. Humphrey Sandford and wife in pursuance of the articles (464/642-3...

Release

Indenture between The Rev. Humphrey Sandford of Shrewsbury clerk, and Frances his wife 1st part, Frances Holland widow of the Rev. George Holland of Shrewsbury 2nd part, William Coupland of Shrewsbury esq. 3rd part, Jonathan Scott late of Shrewsbury, now of Bath esq. and Robert Pemberton of Shrewsbury esq. 4th part, and Francis Southern and the Rev. William Henry Parry of St John's College Cambridge, now resident in the family of the Duke of Portland. Whereas by indenture of January 19th 1811 (465/432-3) Whereas Frances Sandford has attained 21 yrs and no settlement of the estates, moneys, and premises has yet been made. Present indenture witnesses that in consideration of the marriage and of the portion and fortune of Frances, and to make provision for Frances and children of Frances and Humphrey Sandford, and of 10s paid to Humphrey Sandford by William Coupland, release to William Coupland of the messuage formerly in the occupation of Charles Sandford, then of Christopher Wilkes, now held by Folliot Sandford for 40yrs under lease to him by Humphrey Sandford at £150; and manors of Up Rossall and Edgton with appurtenances late of Folliot Sandford, with the capital messuage late of William Smith, the Isle Farm, the Isle Park farm and the Isle Gate. The parcel of woodland called The Lower wood 19 acres, two roods, 20 perches in Edgton and occupation of Folliot Sandford; chief rents in Edgton, Brunslow, Horderley and Wolston 28s-3d payable by The Earl of Craven etc. as 465/ . To hold by William Coupland on trusts: to the use of Humphrey Sandford and after his decease, concerning the messuage etc. leased to Folliot Sandford to the use of Jonathan Scott and Robert Pemberton for 40yrs if Folliot Sandford shall live so long, to be computed from the death of Humphrey Sandford, on trust that they shall pay to Frances Sandford the profits of the premises as long as Folliot shall live; concerning the premises intended to be released after the death of Humphrey Sandford, to the intent that Frances Sandford shall yearly take for jointure from any messuages, lands etc. of Humphrey Sandford a yearly rent charge of £550 payable to her at Lady Day and Michaelmas in equal portions and free of any taxes; the first payment to be made after the decease of the survivor of Folliot and Humphrey Sandford, and a proportionate part to be paid to the days of payment as next preceed her decease inclusive of the day of her death; to the further intent that when the rent charge of £550 is in arrears or unpaid Frances may distrain and enter the premises released until all arrears of payment have been satisfied; further that if the yearly rent is unpaid for 40 days after the appointed time Frances may enter and hold premises so released with profits of same until full satisfaction of payment and costs and charges shall have been made. Concerning the messuages, farms, lands etc. released from the death of Sandford (Humphrey) to Folliot Sandford, subject to the annual charge of £550, to the use of Robert Pemberton and Jonathan Scott for 99yrs, from the decease of Humphrey Sandford, upon the trusts mentioned. After the expiration or sooner determination of the term, to the use of Francis Southern and William Henry Parry for 2000yrs on trusts; after the expiration or sooner determination of the term of 2000yrs to the use of the heirs of Humphrey Sandford; concerning the 99yr term it is agreed that it is limited on trust that the person entitled to the immediate estate in the manors etc. shall receive the rents etc. for his own use and benefit until default in payment of £550 shall be made; further trust that if default in payment of £550 of more than 60 days shall be made then Jonathan Scott and Robert Pemberton shall, from the profits of the manors, or by leasing or mortgaging any part of premises raise a sufficient sum to satisfy all arrears of payment, and costs or charges suffered by Robert Pemberton and Jonathan Scott because of the default of payment; Provided that immediately after the yearly charge of £550 shall cease, the term of 99yrs, as to such part of the manors comprized which shall not have been mortgaged or leased shall cease. Agreed that the term of 200yrs limited to Francis Southern and William Henry Parry is upon the trust that if there shall be an eldest son of Humphrey Sandford and Frances his wife, and one or more younger sons or daughters or if there shall be no son and one or more daughters that Francis Southern and William Henry Parry shall, at the decease of the survivor of Folliot and Humphrey Sandford, without prejudice to the payment of £550, by mortgage of part of premises raise £4000 for portions for the children, other than the eldest son, to be divided as directed by Humphrey or Frances Sandford; in default of direction to be divided in equal shares and to be paid at age of 21yrs. Provided, that none of the children taking any part of the £4000 by direction of Frances or Humphrey Sandford shall be entitled to a further share. Provided that if any son or daughter shall die under 21 & unmarried, the share to be divided among the survivors. Upon further trust that Francis Southern and William Henry Parry shall after the deaths of Humphrey and Folliot Sandford, out of the rents and profits of premises comprized in the 2000yrs term shall raise money for the education and maintenance of the children not exceeding the interest on their shares at 4%. Provided that after all the trusts comprized in the term shall be satisfied, then William Henry Parry and Francis Southern shall be reimbursed of their costs, the premises comprized in the term which shall not have been mortgaged or sold, shall attend the freehold and inheritance. Provided, Humphrey Sandford in his life time shall be able with the consent of Jonathan Scott Robert Pemberton, Francis Southern, and William Henry Parry, to convey either by absolute sale or exchange all or part of the manors, messuages etc. and to revoke or make void all or any of the trusts to effect sale or exchange. Provided that, the trustees, and their heirs, executors and administrators shall be charged only for such moneys as they shall receive for the trusts reposed in them, and none of them shall be answerable for the defaults of the other, and that one or more shall not be accountable for any banker or broker in whose hands any part of the trust money is deposited, nor for any misfortune loss or damage which may happen in the execution of the trusts except if the same happen through their own wilful defaults.

That the trustees may reimburse themselves for such costs and charged incurred through the trusts. Agreement of Humphrey Sandford with William Coupland that Humphrey Sandford has absolute authority to release premises to the uses and upon the trusts named, and premises may be peaceably held without any suit etc of Humphrey Sandford; that Humphrey Sandford will at reasonable request of William Coupland, but at the expense of Humphrey Sanford make deeds and covenants for the better assuring and conveying of the premises.

Further that for considerations mentioned (better provision for Frances Sandford etc.) and of 10s paid by Robert Pemberton and Jonathan Scott to Frances & Humphrey Sandford, release of the sums of £7266-16s, and £1074-15s-10d capital stock in the consolidated bank annuities, intended to be transferred into the names of Robert Pemberton and Jonathan Scott, and the interest to be assigned to Frances Holland and Frances and Humphrey Sandford (also £500 legacy left by Edward Sandford to Frances Sandford); upon trust that Jonathan Scott and Robert Pemberton shall, with the approval of Frances Holland, and Frances and Humphrey Sandford to transfer the above sums and invest them in real or government security; on trust that Humphrey Sandford shall receive the interest and dividend, after his decease payable to Francis. At decease Robert Pemberton and Jonathan Scott to sell out, and pay off incumbrances on the estates. Sealed by Humphrey Sandford, Frances Sandford, Frances Holland, William Coupland, Robert Pemberton, Francis Southern.

Sealed by above in the presence of Thomas Salt, John Cuthlor.

Included: Lease for a year. Dec. 1st 1813. The Rev. Hy Sandford to William Coupland.

Parchment 7 membranes