Lease & release (Marriage Settlement)

Release between:

1) The Rev. George Holland, clerk of Shrewsbury

2) Humphrey Sandford, Esq of the Isle

Frances Sandford, spinster, one of the daus of H.S.

3) John Scott, Esq, of Bromley, Kent

George Holland, gent. of Hereford

4) John Scott, draper, of Shrewsbury

Samuel Holland, gent., of Tenbury, Worcs.

Marriage intended between Geo Holland & Frances Sandford. Consideration of £1,000 to G.H. of Shrewsbury by Hum:S. and for providing a competent jointure and provision of maintenance for Frances in case she survive her husband, & for settling and assuring the premises aftermentioned to trusts, G.H. of Shrewsbury grants to John Scott of Bromley and G.H. of Hereford the messuage, tenement or dwelling house and farm at Kyrewood in the parish of Tenbury called Kyrewood Farm of 90 acres 2 roods & 4 perches now in the occupation of John Walker as tenant at the yrly rent of £95 with all outbuildings and lands belonging & all G.H.'s right & claim to the house. To hold to John Scott of Bromley and Geo H. of Hereford their heirs and assigns to the use of G.H. of Shrewsbury & his assigns for his life and after the determination of that estate to the use of J.S. of Bromley & G.H. of Hereford for the life of G.H. to preserve the contingent uses permitting G.H. to have the rents of the premises for his life & after his death to the use of Frances Sandford for her life for her jointure, in lieu of dower and on her death or sooner determination of the estate to the use of John Scott of Shrewsbury & Samuel Holland for 500 years, on such trusts after mentioned & after the expiration of the 500 years or sooner determination to the use of the first son of G.H. & Frances & the heirs of his body; and in default to the use of the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th & 10th & other sons & the heirs of their bodies by priority of birth, & in default of such issue to the use of the right heirs of George Holland of Shrewsbury, for ever; & as for the term of 500 years limited to Scott & S.H. it is agreed between the parties the same is so limited to them on the trusts etc. hereafter mentioned; in case there shall be an eldest or only son and one or more other child or children of G.H. by Frances then on trust that J.S. of Shrewsbury and S.H. by sale or mortgage of the term of 500 years or by such other ways as they think fit, shall raise and levy or borrow and take up at interest £1,000 for the portion(s) of such other child or children besides the eldest or only son to be equally divided between them, the portion of sons to be paid at 21 and of daughters at 21 or day of marriage whichever is first; and in the meantime until such portions are payable J.S. & S.H. shall out of the rents & profits of the premises raise such competent yearly sums for the maintenance and education of such child(ren) as shall not exceed in the whole the legal interest of their portions; in case any of the children die before this portion is payable, the portion to be divided equally between the children payable when they have their portions; in case there are no children of G.H. by F. besides an only son, or in case all such children die before any of the portions are payable, or in case theportions and all such maintenance shall by J.S. & S.H. or assigns be raised & levied by any of the ways before mentioned, or in case such person for the time being be next in reversion of the premises expectant on the term of 500 years shall be paid according to the meaning of these presents then the term of 500 years or what remains undisposed of shall cease; and it is agreed that in case G.H. of Shrewsbury at any time in his life with the approbation of John Scott of Shrewsbury and Samuel Holland shall settle, convey & assure other lands & tenements of an estate of inheritance in fee simple in possession in England of equal or better value than the messuage & lands hereby granted in lieu of them for such intents & purposes on life trusts as the messuage & lands are settled upon, then at all times thenceforth in all intents and purposes and the messuage & lands shall remain and be to the only use & behoof of George Holland of Shrewsbury his heirs & assigns for ever; and G.H. of Shrewsbury covenant with J.S. of Bromley and G.H. of Hereford that the messuage & lands shall remain to the uses, for the purposes on the trusts and subject to the provisoes herein expressed and may be peaceably held without interruption by G.H., his heirs or assigns, & be free & indemnified from all former grants & incumbrances made by G.H. of S. or his ancestors, and G.H. and anyone with any claim to the premises shall at all times at the request of Scott & G. Holland of H. but at the cost of G.H. of S. make further conveyances & assurances for better conveying the premises; provided it may be lawful for G.H. of S. during his life with the consent of J.S. of S. & S.H. to make any exchange of all or part of the premises for any other freehold lands or tenements of equal value, & such taken in exchange shall be settled to the like uses & purposes as the premises hereby granted; and it shall be lawful for G.H. of S. in his life by indenture to lease the messuage & lands to any person for any term of years not exceeding 21 years in possession and not,in reversion, so as on every lease there is reserved and made payable the most & best improved yearly rent that can be reasonably obtained without taking any sum by way of fine or income tax in respect of the lease.

Signed & sealed: Geo: Holland, Hum: Sandford, Frances Sandford.

Endorsement: Witnesses to sealing: Robert Jeffreys, Thos Lloyd

Receipt by Geo: Holland of £1,000 from Humphrey Sandford.

Release Docketed: Revd. Mr Holland with Miss Sandford dated 29th day of April 1790 (Exd) Marriage Settlement

Lease Docketed: Revd. Geo: Holland to John Scott Esq & an' dated 28th day of April 1790 Lease of Possession