Assignment

1. Edward Sandford, late a Major in the service of the honourable East India Company, but now of the City of Bath, Esq., a younger son of the late Humphrey Sandford, Esq., of the Isle of Up Rossall, near Salop.

2. The Reverend George Holland, clerk, of Shrewsbury, Frances his wife.

3. Elizabeth Sandford, spinster, of the same place.

4. Barbara Sandford, spinster, of the same place.

5. The said Elizabeth and Barbara Sandford on behalf of their sisters, Sussanna and Charlotte Sandford.

6. John Thomas Hope, Esq. of Upper Seymour St, Portman Square, Middlesex and Ellen Hester May, his wife.

7. Edward Harries, Esq., of Hanwood.

8. The said John Thomas Hope.

Recitation of lease and release of 22nd and 23rd November, 1770 (465/606-7) settling and limiting the Manor of Bayston with the messuages and lands belonging to the use of such person(2) and on such trusts as H.S. should by writing appoint. Whereas H.S. snr. has since died but by his will of 14th June, 1778, with three witnesses, Edward Sandford snr. in pursuance of the power in him vested by the said release did by his will with 3 witnesses devise the Manor of Bayston with the messuages and lands in Bayston in the tenure of William Wood and John Kendrick to Edward Harries for 500 years on trust that E.H. as soon as convenient after his death out of the rents and profits of the premises or by sale or mortgage raise £2,400 to pay to the testator's 5 daughters, Elizabeth, Frances, wife of Geo. Holland, Barbara, Susanna and Charlotte in equal shares with interest at 5% p.a. and if any of the daughters should die unmarried then her share should not go to the survivors but sink into the inheritance of the Manor and premises and after the expiration or sooner determination of the 500 years, and in the meantime subject to it and its trusts, the testator devised and appointed the Manor of Bayston, etc. to the use of his son Edward Sandford and the heirs of his boyd; whereas by divers mesne conveyances and assurances in the law Edward is now seised of the said Manor etc. in fee simple subject to term of 500 years and the trusts; whereas by an indenture of 29th March, 1792, between Ellen Hester Mary the wife of John Thomas Hope, then Ellen Hester Mary Edwards, spinster (1), Herbert Herring of Aberley Lodge, Worcs. gentleman (2) reciting that by a bond of 26th March the same years Ellen had become bound to Herbert Herring in £6,200 for the payment of £3,100 with interest at 4% p.a. on the day appointed, it was witnessed that Ellen for a further and collateral security to better secure the £3,100 and interest to Herring and in consideration of 5/- to her from H.H. granted and demised to H.H. the messuage and farm called the Nash with lands belonging in the Parish of Burford, Salop, of 163 acres 26 perches, then in lease to widow Jones for 21 years of which 8 years were then expired, which messuage had been lately purchased by Ellen from James Kinnersley of Ludlow, gent, who purchased it from Nicholas Lechmere Charlton of Ludlow Park, Herefordshire, Esq., to hold to Herring for 1,000 years at a peppercorn rent subject to a proviso for redemption on payment of the £3,100 with interest at 4%; whereas by indenture of 23rd January, 1794, between Ellen Hester Mary (1) Edward Sandford (2) Herbert Herring (3) George Holland (4) reciting that the £3,100 had not been paid to Herring at the time appointed and reciting there then remained owing this sum but the interest had been paid, and Herring having occasion for the principal sum had applied to Ellen who not having cash sufficient to pay the same has requested Edward Sandford to lend her £3,100 to pay off H.H. which Ed. S. agreed to do on having the fee simple and inheritance of the mortgaged premises granted to him by Ellen and having the then remainder of the term of 1,000 years assigned to him George Holland by H.H. for securing the repayment of the £3,100 with interest, so in consideration of the £3,100 to H.H. by E.S. Ellen's request, she granted to E.S. the messuage farm and lands in the mortgage to hold to the use of E.S. his heirs and assigns forever discharged from the proviso in the last recited indenture, but subject to the proviso for the redemption after mentioned; and in consideration of the £3,000 to H.H. from E.S., H.Sh. at the request and by the direction of Ellen and at the nomination of E.S. bargained, sold and assigned to George Holland the said messuage farm and lands to hold to Holland for the residue of 1000 years in trust for E.S. for the further and better securing to him the said sum of £3,100 and interest according to the proviso after contained for payment, and immediately after payment and in the meantime subject thereto to attend and wait upon the freehold and inheritance of the premises assigned to protect and defend the same from all mesne incumbrances; and it was declared that if Ellen should pay to E.S. the £3,100 with interest at 5% p.a. on 23rd July next without any deduction in dsicharge of a bond of even date therewith entered into by Ellen to E.S. in £6,200 and conditioned for payment of £3,100 and interest on the day therein appointed, he E.S. would at request, costs and charges of Ellen release and reconvey the messuage and lands free from all incumbrances by E.S. and procure the remainder of the term of 1,000 assigned by his trustee Geo. Holland to such person(2) or uses as Ellen should direct; whereas the principal sum still remains justly due to E.S. from John Thos. Hope and Ellen; and where a s Frances Sandford having sometime since intermarried with George Holland, E.D. on the marriage pay to Geo. and Frances £480 being one fifth of the £2,400 directed to be raised under the trusts of the term of 500 years; and whereas Elizabeth, Barbara, Susanna and Charlotte Sandford have received of E.S. £120 in equal parts which has reduced their now eventual proportions in the remainder of the £2,400 to £450 each making together £1,800 and the interest of it; and whereas Elizabeth Sandford, Barbara, Susanna and Charlotte Sandford are entitled in equal shares to the interest of the residue of the four fifths of the £2,400 being £1,800 and on their marriages would be entitled each to the sum of £450 of it; and whereas it being material to Edward S. that the term of 500 years should be assigned to a trustee in t rust to attend the inheritance for him, he lately applied to and requested Edward Harries with the approbation of his sisters Elizabeth, and Barbara on behalf of themselves and of their sisters Susannah and Charlotte who were then incapable of acting for themselves, to accept of an assignment of part of the sum of £3,100 owing to E.S. on mortgage, i.e. £1,800 to answer the residue of the four fifths of the £2,400 and interest £1,800 in the manner after mentioned to which request Edward H. agreed on being properly indemnified; and whereas at the request of E.S. John Hope has agreed that he and Ellen shall join in these presents; Now in pursuance of the agreements and for the said consideration, and 10/- to Harries, E.S. with the consent of Eliz. and Barbara for all the sisters, and of John and Ellen Hope, has granted and assigned to Harries the sum of £1,800 part of the £3,100 secured to E.S. by the mortgage and bond and all interest to grow due on the £1,800 at 5% p.a., and all powers and remedies E.S, has for the recovery of the sum and interest, and all right, title and claim of E.S. thereto; to hold, receive and enjoy the £1,800 and interest to grow due and the premises mentioned to be assigned to Harries his executors and administrators and assigns as his own proper goods and chattels but on such trusts and f or such purposes as are declared re the £2,400 in the will of Humphrey Sandford partly recited relating to the 4 sisters; on trust to pay the £1,800 amongst the sisters in equal shares with interest at 5% p.a. until payment is made, but in case any of them die before her share in the £2,400 is payable under the will, then as to her share in the £1,800 in trust for Edward Sandford; and E.S. appoints Edward Harries his attorney to ask, demand, sue for and receive from any person(s) liable to pay the £1,800 and the interest and to give sufficient discharges for the same and to do every act and thing necessary re the premises for receiving and discharging the £1,800 assigned and interest; and Ed. S. covenants with Harries that he will not revoke the power of attorney nor discharge or meddle with any part of the £1,800 or interest or dismiss or defeat any action for the recovery of the money than as Harries directs, and E.S. has not done anything whereby the mortgage or the £3,100 or interest may be assigned or incumbered and that E.S. has good and full power to assign to Harries the £1,800; that he E.S. will at all times at the reasonable request of Harries at the cost of E.S. make any acts or deeds in the law for the better assigning and assuring the £1,800 to Harries; and E.S. will sufficiently save defend and indemnify Harries against all actions and expenses which Harries shall suffer in consequence of any deficiency in the money and premises etc.; and E.S. will at all times during the continuance of the trusts as to the £1,800 at his own costs in the law procure a good security to the satisfaction of E.H. wherein to lay out £1,800 or such part as shall remain and continue in trust as often as the same shall remain and continue and be requisite so that the shares of the 4 sisters in the £1,800 may not be reduced from the full sum of £450 each and so that they may not receive less than after the rate of 5% p.a. on their shares or in default of providing such security before the sum or any part of it shall be paid in that case it may be lawful for Harries to invest the same on such securities and from time to time to alter and transpose such securities and funds at discretion and until the same shall be so invested E.S. will make good the intermediate interest thereof; that E.S. will from time to time on demand reimburse Harries all expenses he may sustain in the execution of the trusts; Provided that E. Harries shall not be answerable or accountable for any more money than shall actually come to his hands nor with or for any loss or damage happening in depositing any of the trust money in any Bank or Bankers hands or elsewhere for safe custody in consequence of any security for fund taken in pursuance of these presents nor for any other loss re the premises without his wilful default or happening in consequence of the assignment made by him; and E. Harries at the request of E.S. with the consent and by the direction of Holland and his wife and Eliz. and Barbara Sandford has bargained sold and assigned to John Thomas Hope the Manor of Bayston and the messuages and lands at Bayston now or late in the tenure of William Wood and John Kendrick and all other hereditaments limited in the will of Humph. Sandford to Harries for 500 years, and the estate, right and title and terms of years yet to come of Harries to the premises, to hold to Hope for the residue of the 500 years in trust for E.S. so that the term of 500 years may be preserved and attend and wait on the freehold and inheritance of the premises assigned to protect the same from all mesne incumbrances; and E.H. covenants with Hope that he, Harries, has done any act whereby the Manor, messuages or lands assigned may be impeached, charged or incumbered in title, charge or estate.

Signed and sealed: Geo. Holland, Elizabeth Sandford (twice) Jno. Thos. Hope (twice), Ellen Hester May Hope, Edward Sandford, Frances Holland, B. Sandford (twice), Edwd. Harries.

Endorsement: Witnesses to the sealing by the Hopes: E. Maria ?....... and Rowland Davies, clerk to Messrs. Gregg and Corfield. Witnesses to the other signatories: Robert Jones and John Lawrence.

Docketed: Dated 17th November, 1800.

Edwd. Sandford, Esq., )

To )

Edwd. Harries, Esq. ) Assignment of £1800 part of money due on Mortgage

And

Edwd. Harries, Esq. to John Thos. Hope, Esq.

Assignment of a term of 500 years. In trust to attend for Mr. Sandford. 6 membranes.