Copy assignment of manors etc.

1. William Salt of Shrewsbury gentleman and Charles Wigley of same accountant.

2. Robert Gardner of Liehgton Hall esq and Jane Eliza his wife.

3. William Kenyon of Walford House esq. Recital of lease and release 6 and 7 January 1743 (665/8) There was issue of the marriage of Thomas Eyton and Anne Butts 4 children only, Robert the eldest son, Thomas, Elizabeth and Anne. Elizabeth married Richard Morhall the younger esq in 1768 Recital of settlement, 24 Sept 1768 (665/574). The £4000 portion was duly paid. Anne Eyton née Butts died in her husband's lifetime. Thomas Eyton made his will 15 November 1774 (665/9) He died in 1776 His will was proved by his son Thomas in the Prerogative court of the Archbishop of Canterbury Robert Eyton died in his father's lifetime. Anne Eyton married Thomas Kynnersley esq in 1779. Recital of settlement 27 July 1779.

(1) Anne Eyton

(2) Richard Morhall and Elizabeth his wife

(3) Thomas Eyton.

(4) Thomas Kynnersley.

(5) Thomas Morgan gentleman

Thomas Eyton decd had appointed by his will £500 to be paid to his daughter Elizabeth and £4500 to his daughter Anne, on a supposition that £5000 was to be raised for them under the trusts of the term of 500 years, whereas the sum was £4000. Thomas Eyton also apprehending that £5000 not £4000 was to be raised for his sisters had paid Richard Morhall the said £500. Upon treat for the marriage of Anne it was ageed that Thomas Kynnersley should after the marriage be entitled to Anne's fortune for his own benefit. Richard Morhall and his wife having received the £4500 had agreed to release all their interest in the said £4000 provided for younger children. Thomas Eyton, believing that if his father had not been mistaken about his settlement would have charged the legacy of £500 to Elizabeth and also £500 given to Anne on the real estate purchased by him, consented to abide by the payment he had made in mistake. Assignment by Morhall and his wife and Anne Eyton to Morgan of the whole £4000 provided for younger children and any other money to which Anne was entitled by the settlement and will, in trust for Kynnersley. Thomas Kynnersley made his will 13 August 1822 and appointed Jane Eliza Kynnersley spinster as sole executor. Jane afterwards married Robert Panting esq. Thomas Kynnersley died 25 April 1843, Will proved 29 June 1843 by Jane with her husband's consent in the Prerogative Court of the Archbishop of Canterbury. 27 August, 1844 Robert Panting obtained Royal Licence to take the surname of Gardner instead of Panting William Cludde died 1765; Eyton Butts died at Waterford in Ireland 1779 intestate and letters of administration were granted by the Ecclesiatical court in Ireland to his widow Catherine Butts, and letters of administration of his personal estate limited to the purposes of the suit were granted to Charles Wigley by the Prerogative Court of the Archbishop of Canterbury 9 March 1847. 19 March 1847 Robert Gardner and Jane Eliza his wife preferred their bill of Complaint in the High Court of Chancery against Thomas Eyton since decd who was the son of Thomas (brother of Elizabeth and Anne), Thomas Campbell Eyton, Thomas Slaney Eyton an infant by Thomas Campbell Eyton his guardian, Elizabeth Francis Eyton wife of T.C. Eyton Charles James Eyton since decd. William Archibald Eyton, Edward Monckton since decd, Edward Marjoribanks, Robert Burton the younger, John Oliver Hopkins since decd, William Henry Slaney, Charles Wigley, John Bartlett and John Wingfield since decd, praying that account might be taken of interest due in respect of the £4000 and that the £4000 and what should be found due, with costs of suit might be paid by the defendants to Gardner and his wife or to his wife as personal representative; and that in default of payment the principal and interest and costs might be raised by sale or mortgage of part of the hereditaments comprised in the term of 500 years created by the settlement of 1743. By Decree or decretal order made in the cause 14 Feb 1856 it was declared that the £4000 was a valid charge on the estates and that Gardner and his wife or Jane as executrix of Thomas Kynnersley were entitled to it with costs out of the profits of the estate or by sale or mortgage for residue of the term of 500 years, with interest at 4% from 25 Dec 1842. Order of 25 April 1856 William Salt and Charles Wigley appointed trustees of the estates comprised in the trusts of 500 years created 1743 in place of Eyton Butts and William Cludde. Order of 31 May 1856 The herditaments comprised in the indenture of 1743 to vest in Salt and Wigley for residue of term of 500 years on trusts as in the settlement of 1743. William Kenyon has agreed to advance sums sufficient to pay what is due to Gardner and his wife for principal, interest, and costs. Order of 30 July 1856 William Kenyon to be at liberty to pay Jane Eliza Gardner as executrix £4000 and interest and to pay into the Bank to the credit of the cause what should be certified to be the total amount of the costs as taxed Salt and Wigley then to be at liberty to assign to Kenyon by way of mortgage the residue of the term of 500 years to secure the amount paid and interest. Certificate of 5 February 1856 of Mr. Follet the taxing Master - costs of plaintiffs £609.3.9, costs of defendants £232.15.3. - total £841.19.0. (Bartlett, J. Wingfield and C. Wingfield). The other defendants' solicitor declined for the present to bring into the Master's office for taxation any costs Interest due amounted to £2108.13.8. Kenyon has paid to Gardner and his wife £6108.13.8. principal and interest, and £841.19.0. into the Bank of England to the credit of the cause. Consideration: the Order of 30 July 1856 and the sums paid by Kenyon - in all £6950.12.8. Attested copy assignment of the manors and other hereditaments comprised in the settlement of 1743 for residue of term of 500 years subject to mortgage proviso. Salt and Wigley covenant that they have not encumbered the estate. Witnesses: Thomas Salt of Shrewsbury solicitor Mary Price servant to Mr. Gardner. Copy attested 23 August 1856 by R. Cathcart jun. and E. Walker, clerks to T. Sanders, Law Stationer, 46 Carey St.