Declaration of Trust

Edward Sandford, Esq., of Shrewsbury

Whereas by an indenture tripartitie of the same date as these presents between Ellen Hester Mary Hope of Upper Seymour St. in the Parish of St. Mary Le bone, Middx, wife of John Thomas Hope, Esq. of the same place (late Ellen Hester Mary Edwards, spinster) (1), the Rev Francis Leighton, clerk, of Shrewsbury and Samuel Holland, gent., of Tenbury, Worcs (2), and Edward Sandford, Esq., of Shrewsbury (3), after reciting that by lease & release of 20 & 21 March 1794, the release being also an assignment between John Thomas Hope (1), Ellen Hester Mary Hope (then Edwards) child & heir at law of Sir Thomas Edwards, baronet, decd by Ann his wife also decd. before her marriage Anne Barratt, spinster (2) & Francis Leighton and Samuel Holland (3), certain freehold copyhold and leasehold states therein described were and stood vested in Leighton and Holland on trust to sell the same at the times & in manner therein expressed & to pay the money arising therefrom in the 1st place in discharge of all such mortgages & other incumbrnaces, & in payment of the several sums of £1,000, £200, £500 then due from Ellen on bond to Edward Sandford, Esq, Thomas Turner, Esq. & John Baker, gentleman, with the interest on the sums, and after payment to pay the sum of £6,000 other part of the money to arise by such sale to such person(s) for such uses & in such parts as Ellen notwithstanding, her covertures and as if she were unmarried, by any deed or writing with or without power of revocation and new appointment, should direct or appoint; and after reciting that Ellen in pursuance of the power in the recited release directed £700, part of the £6,000, to Ann Holland, spinster, but had not made any appointment of the remainder, nor had the trustees sold the hereditaments vested in them; and Ellen having occasion for £2,100 had applied to Edward Sandford to advance her the same at interest of 5% on the security of a mortgage of £5,300 remaining unappointed of the £6,000 which Edward had agreed to do; so in consideration of £2,100 to Ellen from Edward, Ellen directed, limited and appointed that the sum of £5,300 to Edward and all the estate, right, title and claim of Ellen to the £5,300, to hold to him forever subject to the proviso of redemption that if Ellen or Leighton and Holland paidto Edward the £2,100 with interest, then Edward would assign and transfer the £5,300 to Leighton & Holland upon the trusts in the recitedrelease and assignment; and Ellen directed Leighton & Holland to pay such part of the £5,300 as should be requisite in preference to any other debt, claim or demand in satisfaction of the £2,100 and the interest on it; whereas at the time of the making of the last recited indenture of appointment the sum of £2,100 as the consideration money to be then paid by Edward to Ellen was not nor were any parts thereof the proper money of Edward, but then was and now is the money of his sisters Elizabeth Sandford, Barbara Sandford and Susanna Sandford, all of Shrewsbury, spinsters, and by them lent in equal shares and which security was made to Edward in trust for his sisters who requested him to declare the same to obviate all disputes arising; Now Edward declares that the £2,100 was at the time of the date and execution of the indenture of appointment paid, lent and advanced and was and is the proper money of his said sisters, and that Edward's name was and is made use of in the indenture, in trust and for the proper use of the three sisters; and Edward agrees with the sisters that Edward shall stand possessed of and interested in the deed of appointment and in the sum of £5,300 in trust only for securing the £2,100 and interest for the sisters; and the sisters may whenever they think proper call in their shares and interest without trouble from Edward or his consent; and Edward will not use any act or deed to frustrate or make null the proceedings of the sisters endeavouring to recover the principal sum and interest, or part of it, but will allow and confirm whatsoever the sisters shall do lawfully about the premises in their own names or in his name, indemnifying Edward his heirs, executors, administrators and assigns against all costs and charges arising; Edward will not release nor assign the security without the privity and consent of the sisters nor without their consent receive the principal sum or any part but shall stand possessed of and interested in the security thereby appointed in trust for the sister; and Edward will at any time at the request and cost of the sisters do any lawful act for assuring to them the deed of appointment and the £3,500, and for the better assisting of the sisters to recover the principal and interest, so long as for the making of such Edward shall not be compelled to travel from his place of abode.

Signed and sealed: Edwd. Sandford.

Endorsed: Witnesses to the sealing: Jas. Palin, Richard Howell. Docketed Edward Sandford, Esquire, to Miss Elizabeth, Barbara and Susanna Sandford's Declaration of Trust as to the sum of £2,100 and interest secured by an Appointment of £5,300 to the said Edward Sandford by Mrs. Hope.

Dated 14th February, 1795. Exd.

Small applied seal.