| Description | - Edward FitzGerald is administrator of the will of his son Maddox FitzGerald deceased and is entitled to a leasehold estate consisting of 52 messuages etc in Westminster by virtue of two leases of Sir Benjamin Maddox, for a term of 50 years from Christmas 1748, and for a further term of 49 years from Christmas 1798, at an annual rent of £20, to which estate Maddox FitzGerald became entitled under the will of his grandmother, Dorothy Maddox, subject to the payment of £20
- Edward FitzGerald, having contracted for the sale of part of the estate, assigned one of the messuages at the corner of Great Marlborough Street and several other parcels of the same estate to Benjamin Rishere and others upon trust to receive the rents and profits therefrom and to pay the £20, and any surplus, to the persons so entitled under the will of Dorothy Maddox
- Edward FitzGerald is now entitled to the surplus amounting to over £800, and to the freehold of the said estate
- Benjamin Rishere and James Penrold have fraudulently raised many thousands of pounds from the same estate by assignments and securities gained from Edward FitzGerald
- The same Edward FitzGerald is entitled to other estates and interests in the right of his late wife Mary out of the estate of Sir Benjamin Maddox and Mrs Dorothy Rudyard late of Woodham (co. Berkshire) deceased, grand-daughter of Sir Benjamin Maddox, and is also entitled to divers sums of money out of the said estate, in the funds, and in other securities
- Benjamin Rishere and others refuse to come to account
- Edward FitzGerald, being aged between 80 and 90, infirm, and having no other relation other than George FitzGerald, and needing someone to espouse his cause to bring suits against Benjamin Rishere et al. to account for their handling of the trust, has agreed to grant, settle, and assure all the said messuages and estate, and all other his estate, to George, as follows: if the estates be recovered in the lifetime of Edward, a moiety of the rents and profits to the use of Edward; if the estates be recovered in the lifetime of Sarah his wife, then a fourth part to her use; and the residue to the use of George; if both Edward and Sarah die before the property is recovered, then the whole estate falls to the use of George who agrees to commence at his own expense suits at law or equity for the recovery of the estates, paying to Edward an annuity of £80, and if Sarah survives him, to her an annuity of £40
Now in consideration of this agreement, Edward and Sarah assign and transfer to George all their estate, right, and title in the above mentioned estates in trust as above, and they appoint George their lawful attorney. Dated 14 May |