Lease and Release

1. Humphrey Sandford, Esq., of the Isle of Up Rossall, Elizabeth, his wife.

2. Francis Walker, Esq., of Ferny Hall, Co. Salop. Thomas Harries, Esq., of Cruckton.

3. Samuel Harwood, Esq., of Shrewsbury.

4. Leonard Hotchkiss, Clerk of Shrewsbury.

Sandford is minded to sell the messuage or farm in Preston Brockhurst in the holding of William Ferrington, and the messuage or farm in Horderley in the Parish of Edgeton now in the tenure of James Lloyd; and 4 dwelling houses in Shrewsbury in Rowsell Lane; contigous to each other in the holding of John Winstanley, John Griffiths, Arthur Ankritt and John Hole. Whereas Job Sandford and Richard Sandford 2 of the brothers of Humphrey are both lately dead without issue, and Humphrey the better to enable him to dispose of the premises and to make a good and perfect title to a purchaser has agreed in pursuance of a proviso in a deed of release of 29 January, 1745/6 between Humphrey Sandford (1), Elizabeth his wife by her then name of Elizabeth Jones, spinster (2); Francis Walker and Thomas Harries, (3); Samuel Harwood and Edward Jeffreys (4); William Evans Esq., since deceased and Leonard Hotchkiss (5) purporting the settlement made by H.S. previous to his marriage with Elizabeth, to convey and assure the several pieces of land hereafter mentioned, being of equal if not greater value than the premises by H.S. intended to be sold to Walker and Harries, to the same uses as the said premises intended to be sold are limited and conveyed except only as to the limitation therein mentioned to Richard Sandford and Job Sandford and their male heirs. Therefore in consideration of the marriage between Humphrey and Elizabeth and the settlement and conveyance of Elizabeth of her messuages and lands and real estate and of a considerable personal estate which Humphrey by the marriage became entitled to and for settling the several pieces of land and premises on such uses hereafter mentioned, H.S. grants to Walker and Harries the several pieces of land in the Isle of Up Rossall called the Upper Sand Meadow, the Lower Sand Meadow, the Feggy Piece and the Claves Croft, all which were some time ago purchased with other premises by H.S. of John Stanier, gentleman, and are not in the holding of John Weston; to hold to Walker and Harries their heirs and assigns to the use of Humphrey Sandford for his life and after the determination of that estate to the use of W. & H. for the life of H.S. on trust to support and preserve the contingent remainder yet permit H.S. and his assigns to receive and take the rents and profits of the premises to their use in his life and after his death to the intent that Elizabeth should have out of the lands and premises granted and out of the manors and messuages and lands in the recited release made liable to an annuity of £250 for her life for her jointure and in satisfaction of her dower, the annuity to be paid on the quarterly days of payment each year, at Michaelmas, Christmas, the Annunciation and feast of St. John the Baptist, old style; and Elizabeth may after the death of H.S. in case they have no issue living, have out of the pieces of land and premises conveyed and the manors and premises in the release and made liable thereto over the yearly rent of £250 one other annuity of £20 to be paid at the 4 quarterly days; if the annuities shall fall behind by 30 days Elizabeth may enter and distrain the pieces of land and premises; and as for the pieces of land and premises granted charged with the yearly rents, the same after the death of H.S. to be to the use of Samuel Harwood and Edward Jeffreys for 400 years and after the end of the term subject to the yearly rents and distress for the same, to the use of H.S. junior being the 1st son of H.S. and Elizabeth and of the heirs male of H.S. junior, and in default of such issue to the use of Foliot Sandford being 2nd son of H.S. by Elizabeth and his heirs male and in default of such issue to the use of Edward Sandford, 3rd son and his heirs male, and in default of such to the use of the 4th son of H.S. and Elizabeth and his heirs male and in default of such to the use of the 5th, 6th, 7th, 8th, 9th, 10th and all other sons of H.S. and Elizabeth, and the heirs male of such sons, and in default of such issue, to the use of Leonard Hotchkiss for 500 years on the trusts herein after mentioned concerning the same, and after the end or sooner determination of the 500 years to the use of H.S. and his heirs male, and in default of such issue to the use of Foliott Sandford, mercer, of Shrewsbury, brother to Humphrey, for his life and after the determination of that estate to the use of Walker and Harries during the life of Foliott to preserve the contingent remainders, allowing Foliott to receive the rents, and after the death of Foliott to the use of the first son of Foliott the brother, and his heirs male, and in default of such issue to the use of the 2nd, 3rd, 4th - 10th sons of Foliott and their heirs, male, and in default of such to the use of the right heirs of Humphrey for ever; and it was agreed that the term limited to Harwood and Jeffreys for 400 years was on trust that when the yearly rents of £250 and £20 should be unpaid for 40 days Harwood and Jeffreys would suffer Elizabeth to take the rents of the premises until the arrears are paid, with costs; as for the term of 500 years limited to Hotchkiss the same was declared on trust that in case Humphrey S. junr. Foliott and Edward, the sons of H.S. and any other sons of H.S. and E. should die without issue and there should be some daughters, that Hotchkiss should by sale or mortgage as well of the pieces of land and premises granted as of the Manors, messuages and lands in the recited indenture sufficient part of them and with the rents and profits or by other ways raise £4000 for the portions of such daughters to be equally divided between them, or if only one she should have the £4000 to be paid when there are 21 or days of marriage if first unless they attain 21 or are married before failure of issue male or in the life time of H.S. before he has married a 2nd wife after the death of Elizabeth and in such case within 6 calendar months after failure of such issue male and death or 2nd marriage of H.S.; and on further trust in case of failure of such issue male of H.W. and E.S., and there being any daughters of H.S. and E. living at the time of the death of H.S. and be then under 21 unmarried or born after the death of H.S., that Hotchkiss shall out of the rents and profits of the premises after the death of Humphrey and failure of male issue raise and pay for the maintenance and education of such daughters until they attain 12 years such yearly sums as will be equivalent to the interest money of their portions at the rate of 2½% p.a. and after 12 the yearly sum of money equivalent to the interest of their portions at 4% until the portions become payable, such maintenance money to be paid half yearly at the Annunciation and Michaelmas; if any of the daughters dies before marriage or reaching 21 her portion and maintenance money to be equally divided among those living to 21 or married and be paid them when their original portions become payable, but if any of their original portions become payable then as to such within 6 months after the death of a daughter, but if any of the daughters live to 21 or be married and dies before the sum contingently appointed for her out of the £500 shall be payable that then notwithstanding such death their respective interest in every such sum shall be deemed vested in them that the same shall go to their executors, administrators or assigns; if any of the daughters marries in the life time of H.S. her father and shall have aportion from her father either out of his own proper money or by money raised in pursuance of the power hereafter given him for raising money for younger children, and the said H.S. shall in writing declare any such money given to her in marriage shall be taken as the whole or part of what is to be raised and paid such daughter marrying out of the term of 500 years that such daughter shall have only so much raised for her portion out of the term of 500 years as the portion so given with her in marriage by her father was less than the portion which would otherwise have belonged to her out of the money to be raised, to be paid her within 6 months of H.S.'s death and failure of issue male of him by Elizabeth; it was agreed no money should be raised by virtue of the term for portions till one of the daughters attains 21 or is married nor after such age or marriage in the life time of H.S. while he shall not have married another wife unless by his direction in writing by which it was agreed that it should be lawful for H.S. to appoint the raising and the payment of the portions to be made at any time during his lifetime; and if there shall not be any daughters or if any and they all die under 21 or unmarried or the sums of money appointed for their portions or maintenance shall be by Hotchkiss raised and paid them or if the person(s) to whom the next immediate estate in the premises shall belong shall pay the same to such daughter(s) at the limited time and the trustees shall be reimbursed all his costs, then the rest of the term of 500 years undisposed of shall cease; It was agreed if there was any issue male of H.S. by Elizabeth living at the decease of H.S. who ought according to the said limitations be entitled to the immediate freehold and inheritance of the premises granted and there shall be besides one or more daughters or younger sons or both of H.S. by Elizabeth, then it may be lawful for H.S. by any deed or will to charge all the granted premises and the messuages, lands and tenements in Edgton, Bayston, Brumslow, Kempton, Woolston and Up Rossall or part of them by creating a term of years as he thinks fit for raising any sum of money not exceeding £2,000 to be paid to such daughters and or younger sons as H.S. appoints by deed, and in default of such appointment, then Elizabeth if she survives H.S. and H.S. by his will does not direct that the power hereby given shall cease at any time after the death of H.S. by a deed or her will in like manner to charge the same premises or any part of them with any sum for the same uses and in the same manner as H.S. might have done to be paid when and in such proportions as she shall direct, so that the whole charge does not exceed £2,000, but if H.S. and Elizabeth shall both die without making any such charge and without a declaration from H.S. for the power to cease then the term of 400 years limited to Harwood and Jeffreys is also on this further trust that H. and J. by the premises comprized in the term of sufficient part of it by ways and means the £4,000 is above directed to be raised in case of only daughters shall raise and levy the full sum of £2,000 for the portion of every such child entitled to the immediate freehold and inheritance who shall live to attain the age of 21 years or be married, the same to be equally divided between them if more than one such, and if but one such who shall live to attain such age or be married which shall first happen unless such age or marriage happens in the lifetime of H.S. or Elizabeth in which case the same to be paid within 6 months of the death of the survivor of H.S. and E.S. and in case any of the children not entitled to the immediate freehold and inheritance shall at the death of the survivor be under 21 and unmarried then on this further trust that Harwood and Jeffreys out of the rents and profits of the premises comprised in the 400 years yearly raise and pay for each child's maintenance and education from the death of the survivor till they are 21 or be married or die such yearly sum equivalent to the interest of their portions at 4% p.a. until the portions of such children are payable, by half yearly payments; it was agreed that any such charge by H.S. or E.S. should not prejudice but be subject to the yearly rents of £250 and £20 and the distress for the same limited to Elizabeth and to the term of 400 years for securing the rent and so much of the premises as in pursuance of the power in H.S. and Elizabeth or by virtue of the terms of 400 and 500 years shall be applied for borrowing any sum for any portion appointed to be raised shall be subject to the payment of the principal sum borrowed and interest, not exceeding lawful interest; it was agreed it should be lawful for H.S. and Foliott his brother as they shall from time to time be seised of the immediate freehold of the lands and premises granted by virtue of the limitations made by their deeds to demise, grant, limit or appoint all the lands of which they are seised to any person(s) for and during 21 years or for any term of years determinable on 3 or lesser number of lives in possession and not in reversion to begin from the making thereof so as on every such lease(s) there is yearly reserved to be paid by equal half yearly payments in every year the best and most improved yearly rents that can reasonably be had for the same without any fine or any other thing in lieu of a fine to be had and taken thereupon and so as there be reserved a condition for re-entering for non-payment of the rents and so as the lessees executed counterparts of all such leases and so as no clause be entered in any such leases giving power to lessees to commit waste or exempting him from the punishment thereof subject nevertheless to the yearly rents of £250 and £20 and distress and the term of 400 years for securing the same; it was further agreed it should be lawful for H.S. if he survived E.S. without issue male, Foliott his brother as they shall be seised of the immediate freehold of the pieces of land to grant limit or appoint the pieces to the use of any wife or wives they shall marry for the life of such wife or wives for her or their jointure(s) in lieu of dowers so that it does not exceed the third part of the yearly value of the premises of which they are siesed and so as no clause be inserted to impower her or them to commit waste or exempt her or them from the punishment thereof; and for Foliott the brother when he becomes so seised of the immediate freehold of the premises or greater part of them to charge by limiting any terms of years in mortgage or trustor by any other lawful and equitable, except by granting the freehold or inheritance, all or any of the premises of which they are seised with any sum of money for their daughters or younger children to be raised, paid or become vested in them at 21 or married in such proportions with limitations as Foliott the brother thinks fit so as the premises seised of be not at one and the same time charged with the payment of over £2,000 for their daughters or younger children such jointures not to be dispunishable of waste and every jointure subject to the yearly rents of £250 and £20, distress and terms of years H.S. agrees with Walker and Harris that notwithstanding any act done by him all the pieces of land granted shall remain to the said uses and purposes herein limited; and H.S. and all other claimants will at any time at the request of Walker and Harries, but at the cost of H.S. make any further act or conveyance for better assuring the premises to the said uses; it was agreed that the trustees should not be accountable for any money received by virtue of the trusts otherwise than each person for such sums as he shall actually receive and none be answerable for the acts of another, and out of the rents and profits they may reimburse themselves all costs and expenses they shall sustain in the execution of their trusts.

Release signed and sealed: Hum. Sandford, Eliz Sandford Leonard Hotchkis. Lease signed and sealed: Hum. Sandford

Endorsed: witnesses to sealing: John Chambre, Robert Pemberton. Lease docketed: Humphrey Sandford Esq. to Francis Walker Esq. and another Lease of possession dated March 20th 1759. Release docketed: Humphrey Sandford Esq. to Trustees settlement in lieu of the Estates to be sold dated 21st March, 1759.