Marriage Agreement of Adm Sir Leopold George Heath and Mary Emma Marsh 1853

Marriage Agreement of Adm Sir Leopold George Heath and Mary Emma Marsh

This document records the agreement at the time of their marriage in 1853.  It also makes reference to family money prior to the date and also has additional documents added after this date.  The document reads as follows:

Settlement in contemplation of the Marriage of Captain Leopold George Heath with Miss Mary Emma Marsh.

 

Memorandum. That on the thirteenth of March one thousand eight hundred and fifty six the sum of four hundred and seventy pounds consolidated three pounds per cent  annuities being in balance after deducting Legacy Duty of the bequest of Five hundred pounds like annuities made to the within named Mary Emma Marsh (now Mary Emma Heath) by the will of the late Miss Mary Morrison dated the seventh day of August one thousand eight hundred and fifty two and proved in the prerogative Court of Canterbury on the twenty seventh day of October one thousand eight hundred and fifty five was transferred into and now stands in our names in the books of the Governor and Company of the Bank of England and is held by us upon the trust declared by the within Indentures of Settlement as to after acquired property of the said Mary Emma Heath. Dated this Eleventh day of March one thousand eight hundred and fifty six.

D.D.Heath

E.H.Loring

Xx J. Roscoe

Xxx faded

 

Memorandum. In August 1898 I paid off the six hundred pounds owing to the Settlement Trustees on Mortgage of Trouts Farm and bought from them the portion of that farm which belonged to them. With the balance there was purchased in the xxx of the Trustees (Major F.C. Heath and Mr C.E. Heath) six hundred and forty pounds of Great Western Ordinary Stock and three hundred pounds of London and North Western Ordinary Stock. In the autumn of  1904 a legacy of Two hundred pounds was left to the late Lady Heath and in accordance with a clause in the Settlement it was claimed by the Trustees and invested in Two hundred pounds First Preference London Chatham and Dover Railway Stock. In January 1905 I discovered there was some uncertainty as to the distribution of the Six thousand pounds appointed to Mr C.E. Heath on May 1st 1880 and I gave to the Trustees Seven hundred pounds of Great Western Ordinary Stock being the equivalent of One thousand pounds to balance the mistakes of mistake there had been. The investments now held by the Trustees are as follows

£740 Metropolitan Railway Stock

£1,184 London Brighton and South Coast Railway Stock

£3,324 London Chatham and Dover First Preference Stock

£370 Metropolitan Surplus Land Stock

£1,340 Great Western Railway Stock

£300 London and North Western Ordinary Stock.

 

Dated this twenty second day of February One thousand nine hundred and five.

L.G. Heath

 

Signed, sealed and delivered by the within named Leopold George Heath and Mary Emma Marsh in the presence of 

Thomas Granes. Captain Royal Navy

Superintendent of the Porte of Malta residing at Malta.

 

Signed sealed and delivered by the within Douglas Denon Heath in the presence of H.J. Fyler

Clerk to Messrs Delmar & Wynn, 46 Lincolns Inn Fields

London

 

Signed sealed and delivered by the within named William Geoffrey Whatman in the presence of M Mosanzur

 

Trustees or trustee for the time being of these presents under or by virtue of the said Indentures of even date herewith and these presents or any of them or otherwise howsoever Then and in that case it shall be lawful for the said trustees or trustee for the time being of if they or he shall think proper to refer any such disputes or claims to such person or persons as the said Trustees or Trustee on the one part and the person or persons from whom such sum or sums of money shall be claimed to be due or payable on the other part shall appoint for that purpose and that the award and determination of the persons so appointed or of their umpire shall be final and conclusive on all persons entitled to any interest or benefit under or by virtue of these presents PROVIDED ALWAYS AND IT IS HEREBY FURTHER AGREED AND DECLARED that it shall be lawful for the Trustees or Trustee for the time being of Presents in their or his absolute discretion to postpone suspend and forebear the exercise and enforcement of all or any of the rights powers and remedies by the said Indentures of even date herewith and these presents or either of them vested in or which shall or may accrue to or be exercisable by such Trustees or Trustee by virtue of such Indentures and these Presents respectively or any Conveyance or Assurance in pursuance of these Presents And that the said Trustees or Trustee shall not be responsible for the investment of any of the reversionary trust funds composed in the said secondly hereinbefore recited Indentures of even date herewith which may be made before the same shall fall into possession in or upon any stocks funds shares and securities of the like nature as those in or upon which investments are hereby authorised to be made or for the continuance of any such investments either with or without their or his knowledge notwithstanding such investment or the continuance thereof may not be authorized by the existing trusts of such funds respectively any thing herein contained or any rule of equity to the contrary notwithstanding PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that if in the execution of any of the trusts or powers of this present Indenture it shall become necessary to divide an apportion between or among two or more persons the several funds of the trusts whereof are hereinbefore declared and the trust monies stocks funds or securities of which the said trust funds respectively or any part thereof respectively shall then consist shall be so blended together that it shall be doubtful which part or parts thereof shall have been produced by or substituted for each original fund or any part thereof respectively Then and in every such case it shall be lawful for the Trustees or Trustee for the time being to divide or apportion such trust monies stocks funds and securities between or among the said persons entitled thereto in such manner as the said Trustees or Trustee for the time being shall deem just and reasonable according to the respective rights and interests of the several persons entitled therein And such division or apportionment shall be as binding and conclusive upon all persons then or thereafter to be interested in the premises as if the same had been duly made by a Court of competent jurisdiction PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that the receipt or receipts in writing of the Trustees or Trustee for the time being acting in the execution of any of the trusts of these Presents for any money funds or effects payable transferable or deliverable to them or him under the same shall effectually discharge the person or persons respectively paying transferring or delivering the same from all responsibility on account thereof and from all obligation of seeing to the application thereof PROVIDED ALSO AND IT IS HEREBY AGREED AND DECLARED that the said Douglas Denon Heath, William Godfrey Whatman, Edmund Henry Loring and Francis James Roscoe or any of them or any Trustee to be appointed as hereinafter is mentioned or their respective executors or administrators shall depart this life or (either before or after having acted in the trusts aforesaid or any of them) shall declare or become incapable to act then and so often it shall be lawful for the said Leopold George Heath and Mary Emma Marsh or the survivors of them and after the decease of both of them for the surviving or continuing Trustees or Trustee for the time being or if there shall be no such surviving or continuing Trustee then for the remaining Trustees or Trustees or the acting executors or administrators or acting executors or administrators of the last surviving or any deceased Trustees by any Deed or Deeds legally executed to appoint a Trustee or Trustees in the room of the Trustee or Trustees dying or declining or becoming incapable to act AND IT IS HEREBY AGREED AND DECLARED that upon the appointment of nay such new Trustee or Trustees the trust property shall be vested in the Trustee or Trustees so to be appointed jointly with the surviving or continuing Trustee or Trustees in solely as occasion shall require AND that every such new Trustee shall immediately on his appointment as well before as after the property shall have been so vested in him, have the same powers and authorities as the Trustee in whose room he shall be so appointed to act and that the respective Trustee shall not be answerable the one for the other of them as for the signing of receipts or joining in any other act for the sake of conformity or for any involuntary loss or for any loss damage or expense whatever which may happen by reason of any investment of or other dealing with the said trust funds or any part thereof authorised by those Presents And that it shall be lawful for them out of the trust property to reimburse themselves respectively their costs and expenses computed as between Solicitors and Client in the execution or supposed execution of the trusts of those Presents (Resents ?) and the said Indentures of even date herewith respectively IN WITNESS whereof the said parties to these Presents now hereunto at their hands and seals the day and year first above written.

 

 

BE considered and deemed to be nature of personal Estate and shall be held upon the trusts whereon the money laid out in the purchase thereof or the stocks, funds or securities from which the said money shall have arisen was or were held before the said purchase was made or would have been held if the same had not been made And that all hereditaments and tenements taken in exchange as aforesaid shall likewise be held upon the trusts whereon the hereditaments and tenements for which they were taken in exchange were held And in the meantime and from time to time until the hereditaments and tenements to be purchase and taken in Exchange as aforesaid shall be sold ait shall be lawful for the Trustees or Trustee for the time being of these presents With the consent in writing of the said Leopold George Heath and Mary Emma Marsh or the survivor of them and after the decease of such survivor  then in the discretion of the said Trustees or Trustee to demise all or any part of the same hereditaments and tenements from year to year or for any term not exceeding twenty one years to commence in possession at the time of the creation of the same or within six calendar month afterwards at rack rent without taking any fine for the same AND the said Leopold George Heath and Mary Emma Marsh do hereby for themselves jointly and separately and for their respective heirs executors and administrators covenant with the said Douglas Denon Heath, William Godfrey Whatman, Edmund Henry Loring and Francis James Roscoe their executors and administrators that if the said Mary Emma Marsh now is or if at any time or times during the said intended coverture they the said Leopold George Heath and Mary Emma Marsh or either of them in her right shall by gift descent succession or otherwise howsoever become entitled to any real or personal Estate property or effects not herein before settled of the value or to  the amount of Two hundred pounds or upwards at any one time for any estate or interest whatsoever (except jewels trinkets ornaments plate pictures prints and books and except property and effects derived through the said Settlement of the twenty eighth day of July One thousand eight hundred and seventeen or the Will and Codicils of Hannah Stamford late of Linley Wood in the County of Stafford Spinster deceased or any of them All which excepted property and effects it is hereby declared shall belong to the said Mary Emma Marsh for her separate use and also except for any interests which are or shall be restricted to the life of the said Mary Emma Marsh or whether so restricted or not are or shall be settled to here separate use) then and in every such case the same shall be forthwith at the cost of the trust estate vested in the Trustees or Trustee for the time being acting in the trusts hereby created Upon the trusts hereinafter mentioned (that is to say) As to such part of the said estate property and effects as shall consist of freehold copyhold or leasehold hereditaments or tenements Upon the trusts hereinbefore declared concerning the hereditaments and tenements to be purchased with money arising from such part of the said trust fund as shall constitute or represent the shares and premises expressed to be assigned by the secondly hereinbefore recited Indenture of even date herewith under the power in that behalf hereinbefore contained for the time being subsisting or capable of taking effect And as to the other part of the said Estate property and effects upon trust either to continue the same or any part thereof in the then actual stock of investments during such period as the Trustees or Trustee for the time being may think proper or to convert the same or any part thereof into money and to stand possessed of the money arising therefrom and also of the investment or investments so continued during the continuance of such investment or investments upon the trust hereinbefore declared concerning the principal sums and sum of money to be received from such part of the  said trust fund as shall constitute or represent the share and premises expressed to be assigned by the secondly hereinbefore recited indenture of even date herewith as aforesaid then subsisting or  capable of taking effect PROVIDED NEVERTHELESS AND IT IS HEREBY AGREED AND DECLARED that the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Francis James Roscoe or any of them or their or any of their heirs executors or administrators or other the Trustees or Trustee for the time being of these presents shall not man any responsibility by reason of any omission or XXX to enforce the observance of the covenant lastly hereinbefore contained in any respect unless and until they or he shall have received notice in writing from some person or persons interested under the trust of these presents calling upon them or him so to do and then only in respect of the property that may be specified in such Notice Nevertheless such Notice shall not be requisite for the purpose of authorising the institution or prosecution of any proceedings for enforcing the observance of the said Covenant in any respect by or on the part of the said Douglas Denon Heath, William Godfrey Whatman, Edward Henry Loring and Francis James Roscoe or the survivors or survivor of them his executors or administrators or other the Trustees or Trustee for the time being of these presents in case they or he shall at any time or time think proper to have recourse thereto PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED  that it shall be lawful to the Trustees or Trustee for the time being of the presents to settle and ascertain in such manner as they or he shall deem expedient the amount of any monies properties or effects due to or claimed by them or him under and by virtue of the hereinbefore recited Indentures of even date herewith and these presents or an of them or by or from any other ways and means whatsoever and also to pass and allow the Accounts of the persons paying over or transferring the same monies properties and effects or any part thereof respectively which the said Trustee or Trustees shall deem is expedient to accept in lieu of or in satisfaction for the whole and to give release and discharges to the said accounting party or parties as fully and effectually as the said Trustees or Trustee might or could do if they or he were absolute beneficial owners or owner of the said monies properties and effects And if any disputes doubts or differences shall arise in relation to any sum or sums of money due owing or payable or claimed to be due owing or payable xxx xxx xxx xxx xxx

 

SON or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry PROVIDED NEVERTHELESS that it shall be lawful for the said Mary Emma Marsh notwithstanding her intended or any patron Coverture at any time after any son of her marriage with the said Leopold George Heath shall have attained the age of twenty one years or any daughter of such marriage shall have attained that age or be married by any deed legally executed to revoke the power lastly hereinbefore contained PROVIDED ALWAYS and it is hereby further agreed and declared that it shall be lawful for the Trustees or Trustee for the time being of these presents at any time or times after the solemnization of the said intended marriage with the consent in writing of the said Leopold George Heath and Mary Emma Marsh during their joint lives and of the survivors of them during his or her life to lay out and invest all or any part of the said trust fund hereby settled or the monies to arise from the sale or conversion of the same or any part thereof into money (all or any part whereof may for the purposes of this present power at any time or times be sold or converted into money) and also the money which from time to time shall arise from the sale or exchange of any hereditaments or tenements to be purchased or taken in exchange and afterwards sold by virtue of this present power in the purchase of any messuages land or other hereditaments either as and  for a residence for the said Leopold George Heath and Mary Emma Marsh or the survivor of them of otherwise situated or arising in England or Wales held for a clear and indefeasible while of inheritance in fee simple or of leasehold or copyhold enure (the leasehold premises being held absolutely for at least sixty years and copyhold premises being held in possession or subject only to common rack rent leases) with liberty if deemed expedient to enter into special stipulation as to the title and the evidence of XX to be required ]  and from time to time to disperse of and convey the messuages land or tenements and hereditaments to be purchased and taken in exchange by virtue of this present power or any of them by way of exchange for other hereditaments or tenements in England or Wales of any such tenure or tenures as aforesaid and to give or receive any money for equality of exchange and to enter into make do and execute all such contracts, acts, deeds and assurances as shall reasonably be required or thought proper for effectuating every such purchase and exchange and to agree to any variation in the terms of any such contract or contracts either as to pace or in any other respect and to bring institute prosecute abandon defend or submit to any action suit or proceeding at Law or in Equity for as compelling or specific performance thereof either as originally entered into or as varied according to circumstances or any action at Law for damage in respect thereof or to abandon or rescind and such original or varied contracts and release the other party or parties therefrom and at any time or times thereafter to proceed with all their or his original power of purchase and exchange without being answerable for loss or damage which shall be occasioned by any such acts as aforesaid and that the hereditaments and tenements to be purchased and taken in exchange as aforesaid shall be conveyed and assured into and to the use of the Trustees or Trustee for the time being of the presents their or his  heirs aXXXX administrators and assigns according to the tenure or respective tenure thereof Upon trust with the consent in writing of the said Leopold George Heath and Mary Emma Marsh or the survivor of them and after the decease of such survivor then of the proper authority of the said Trustees or Trustee for the time being to make sale and absolutely dispose of the said messuages lands tenements and hereditaments either altogether or in parcels and either by public auction or private contract or partly in one mode and partly in the other and subject to such conditions and stipulations respecting the title to be declared or otherwise as the said Trustees or Trustee shall think proper and for the best price or prices which in their or his opinion can or may by reasonably obtained for the same and with power from time to time to buy in all or any part or parts of the hereditaments and tenements which shall be offered for sale at any auction and to sell the hereditaments and tenements so bought in or any part or parts thereof in such manner and with such powers as are hereinbefore expressed in regard to any original sale or auction without being liable for any loss or diminution in price in consequence of such resale And also upon further trust from time to time to enter into make do and execute all such contracts acts deeds and agreements as shall be reasonably required or thought proper for effectuating the said sales or sale with powers as to the said contracts for sale similar to those hereinbefore expressed in regard to contracts for purchase and exchange AND IT IS HEREBY ALSO AGREED AND DECLARED that the Trustees or Trustee for the time being of these presents shall stand possessed of the money arising from such sales and exchanges as aforesaid and the dividends interest and annual income thereof after payout out of such principal money of the costs charges and expenses attending the said sales and exchanges ) Upon the trust herein before expressed concerning the trust fund out of the proceeds or produce whereof the same shall have originally been purchased and the dividends interest and annual income thereof or such of the same trusts as shall be then subsisting or capable of taking effect And that until the said messuages lands tenements and hereditaments shall be sold as aforesaid the said Trustees or Trustee shall stand possessed of the rents and annual profits arising there from Upon the trusts hereinbefore expressed concerning the dividends interest and annual income of the said trust fund from the proceeds whereof the same shall have been purchased as aforesaid or such of the same as shall be then subsisting or capable of taking effect And it is hereby agreed and declared that all hereditaments and tenements to be purchased as aforesaid shall when purchased ..

 

AND if there shall be no person who shall obtain a vested interest under the trust hereinbefore contained then In Trust for such person or persons of the blood and kindred of the said Mary Emma Marsh as at the time of her decease or which shall last happen at the time of the total failure and extinction of  the children or other issue of the said intended marriage being an object or objects or a presumptive object or objects of the trusts aforesaid or of any appointments or appointments to be made as aforesaid would have been entitled by virtue of the Statutes of Arbitration to the personal Estate of the said Mary Emma Marsh if she had died intestate and without leaving a husband if there shall be more than one such person then in the same shares as they would in that event have become entitled to under the said Statutes PROVIDED ALWAYS and it is hereby declared that if the said Leopold George Heath and Mary Emma Marsh shall at any time or times during their joint lives be desired that the said trust fund or any part thereof should be paid transferred or assigned to any child children or issue of the said intended marriage who under any appointment or appointments or otherwise under the trust aforesaid shall have obtained a vested interest therein and shall signify such their desire by any deed under their respective hands and seals then and in such case the Trustees or Trustee for the time being shall pay transfer or assign the same trust fund or part thereof to such child children or issue accordingly notwithstanding the respective life interest therein of the Leopold George Heath and Mary Emma Marsh PROVIDED ALWAYS and it is hereby agreed and declared that if the said Leopold George Heath shall survive the said Mary Emma Marsh it shall be lawful for the said Leopold George Heath at any time or times after the decease of the said Mary Emma Marsh by deed or will to direct or appoint that any part not exceeding in the whole one moiety of such part of the said trust fund as shall be constituted by or represent the same sum of Six hundred pounds London and Brighton Railway Stock Sixteen Preference Shares of Twenty five pounds each of the Copper Miners of England Company and the said sum of Five Thousand pounds secured by the firstly hereinbefore recited Indenture of even date herewith shall (subject to the trust hereinbefore declared concerning the income thereof for the benefit of the said Leopold George Heath for his life) be holden upon such trust for the benefit of any woman the said Leopold George Heath may marry after the decease of the said Mary Emma Marsh and all or any one or more of the children and render issue of any such subsequent marriage and in such manner as he may think proper provided that no such child or remoter issue shall take an absolute interest under any such direction or appointment until such child or remoter issue being a male shall attain the age of twenty one  years or being a female shall  attain that age or marry and that not such after taken Wife of the said Leopold George Heath shall under any such direction or appointment take any greater benefit than an interest for life in the income of the fund so directed or appointed and provided that in such direction or appointment shall have any effect by way of disposition of or lien or charge upon the funds in case there shall be more than four children of the said marriage between the said Leopold George Heath and Mary Emma Marsh who being a son or sons shall attain the age of twenty one years or who being a daughter or daughters shall attain that age or marry and thereupon the funds so directed or appointed shall subject to the trust hereinbefore declared concerning the income thereof for the benefit of the said Leopold George Heath for his life) be holden upon proper trusts accordingly And subject that Upon the trusts hereinbefore declared concerning the sums then subsisting or capable of taking effect PROVIDED ALWAYS and it is is hereby agreed and declared that notwithstanding anything to the contrary herein contained it shall be lawful for the said Mary Emma Marsh if she survive the said Leopold George Heath at any time or times after the decease of the said Leopold George Heath either before or after any marriage of the said Mary Emma Marsh by any deed or deeds with or without power of revocation and new appointment to be of her XXX XXX XXX in the presence of and to be attested by one or more than one  witness or by her Will or any Codicil or Codicils thereto to be her executed and attested according to the statutes for the amendment  of  the laws with respect to Wills to direct or  appoint that any part not exceeding one moiety of such part of the said trust fund as shall be constituted by or represent the shares assigned by the  secondly hereinbefore recited indenture of even date with those present (but subject to the trust hereinbefore declared concerning the income thereof for the benefit of the said Mary Emma Marsh for her life) be holden upon such trusts for the benefit of any man the said Mary Emma Marsh may marry after the decease of the said Leopold George Heath and all or any one of the children or remoter issue of any such subsequent marriage and in such manner as she may think proper provided that in such Child or remote issue shall take an absolute interest under any such direction or appointment unto such Child or remoter issue being a male shall attain the age of twenty one years or being a female shall attain that age or marry and  that no such after taken husband of the said Mary Emma Marsh shall under any such direction or appointment take any greater benefit than an interest for his life in the income of the fund so directed and appointed and thereupon the fund or so directed or appointed shall subject to the trust hereinafter declared concerning the income thereof for the benefit of the said Mary Emma Marsh during her life be holden upon proper trusts accordingly and  subject thereto Upon the trusts hereinbefore declared concerning the same then subsisting or capable of taking effect PROVIDED NEVERTHELESS that in such direction or appointment as lastly hereinbefore authorised shall have any effect by way of disposition or lien or charge upon the said trust fund or any part thereof in case there shall be more than four Children of the said intended marriage who being a

 

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As the said Leopold George Heath and Mary Emma Marsh by any deeds or deed with or without power of revocation and new appointment to be by their respectively sealed and delivered in the presence of and to be attest by one or more than one witness shall from time to time or at any one time jointly direct or appoint and in default of a subject to any such joint direction or appointment then as the survivor of them the said Leopold George Heath and Mary Emma Marsh after the decease of the other of them as to the said Mary Emma Marsh whether croert or sale by any deed or deeds with or  without power of revocation to be by him or her sealed and delivered in the presence of and attested by one or more than one witness or by his or her last Will and Testament in writing or any codicil or codicils thereto by him or her executed and attested according to the Statutes for the amendment of the Laws with respect to Wills shall from time to time or at any one time direct or appoint and in default of or subject to any such lastly mentioned direction or appointment in trust for all the children of this said Leopold George Heath by the said Mary Emma Marsh other than and except an eldest or only son entitled under the Will of the Father of the said Leopold George Heath to the inheritance of the freehold hereditaments given immediately to him the said Leopold George Heath for his life with remainder to his first and other sons successively in tail male who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry and their respective executors administrators assigns be divided between or among the said children if more than one in equal shares and if there shall be but one such child (other than and except as aforesaid Then as to the whole In trust for that one child his or her executors administrators  and assigns And if there shall be no such child In trust for such son of the said intended Marriage as shall alone attain the age of twenty one years his executors administrators or assigns PROVIDED ALWAYS and it is hereby agreed and declared that no child taking any share of the said trust fund under or by virtue of any auction or appointment to be made by the said Leopold George Heath and Mary Emma Marsh or the survivor of them in exercise of both or either of the powers or authorities hereinbefore given to them and the survivor then for that purpose shall be entitled to any share of the unappointed part of the said trust fund without bringing his or her appointed share into hotchpot  and accounting for the same accordingly PROVIDED ALSO and it is hereby agreed and declared that it shall be lawful for the Trustees or Trustee for the for the time being after the decease of both of them the said Leopold George Heath and Mary Emma Marsh to apply all or any part of the annual income of the portion or share to which any child or issue of the said intended Marriage shall be entitled or contingently entitled in possession by virtue of any appointment or appointments or otherwise under the trust aforesaid unless such appointment or appointments shall otherwise direct in or towards the maintenance and education or otherwise for the benefit of such child or issue ANDIT Is also declared that the trustee or trustees shall accumulate by such investments as aforesaid the unapplied surplus if any of such income and that the accumulation thereof shall be liable in like manner to be applied but subject to such liability shall be added to the capital of the portion or share from whence the same shall have arisen AND IT IS HEREBY also declared that it shall be lawful for the Trustee or Trustees for the time being with the consent in writing of the said Leopold George Heath and Mary Emma Marsh or the survivor of them and after the decease of such survivor at the discretion of the said Trustees or Trustee to apply all or any part of the portion or share to which each or any child or issue of the said intended marriage (whether under the age of Twenty one years or not) shall be vestedly or contingently entitled by virtue of any appointment or appointments or otherwise under the trusts aforesaid ( unless such appointment or appointments shall otherwise direct) in or towards the advancement in life or otherwise for the benefit of such child or issue And subject to the trusts herein declared that is to say ) as to so much of the said trust fund as shall be constituted by or represent the XXX XXX of six hundred pounds London and Brighton Railway Stock and Sixteen Preference Shares of Twenty five pounds each of the Copper Miners of England Company and the said sum of Five thousand pounds secured by the firstly hereinbefore recited Indenture of even date presently In trust for the said Leopold George Heath his executors administrators  and assigns And as to the residue of the trust fund if the said Mary Emma Marsh shall survive the said Leopold George Heath In trust for the said Mary Emma Marsh her executors administrators  and assigns but if she shall die in the lifetime of the said Leopold George Heath Then In trust for such person or persons for such interest or interests and generally in such manner as the said Mary Emma Marsh notwithstanding her intended coverture shall by her Will or any Codicil or Codicils thereto accepted and attested accordingly to the Statutes for the Amendment of the Laws with respect to Wills appoint and in default of and subject to any such appointment In trust for such of them the said Eliza Louisa Marsh Frances Mary Crofton Georgina Amelia Marsh Rosamund Jane Marsh Hannah Adelaide Loring as shall be living at the time of the decease of the said Mary Emma Marsh or (which shall last happen) at the time of the total failure and extinction of the children or other issue of the said intended Marriage being an object or objects of the trusts aforesaid or of any appointment or appointments to be made as aforesaid or as shall have previously departed this life leaving issue as tenants in common if more than one

 

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THE sum of One thousand seven hundred pounds by the secondly hereinbefore recited Indenture of even date herewith aforesaid to the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Francis James Roscoe as aforesaid Upon the trusts hereinbefore expressed that is to say As to the said sum of Six hundred pounds London and Brighton Railway Stock and Sixteen Preference Shares of Twenty five pounds each of the Copper Miners of England Company Upon trust for the said Leopold George Heath his executors administrators and assigns until the solemnization of the said intended Marriage And after the solemnization thereof  As to the same Stock and Shares and also as to the said one fifth of the said sum of Two thousand pounds and the said one fourth of the said sum of One thousand seven hundred pounds respectively assigned or expressed to be assigned by the secondly hereinbefore recited indenture of even date herewith as aforesaid Upon Trust that the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Francis James Roscoe or the survivors or survivor of them or the executors or administrators of such survivor or other the Trustees or Trustee for the time being of these presents shall either permit the same trust premises or any part thereof respectively to remain on their actual stakes of investment or security or shall with the consent in writing of the said Leopold George Heath and Mary Emma Marsh during their joint lives and of the survivor of them during his or her life and after the death of such survivor at the discretion of the Trustees or Trustee for the time being sell call in and receive the same trust premises respectively or any part thereof respectively And as to the one fourth of trust funds by the hereinbefore recited Deed pool of even date herewith appointed to the said Mary Emma Marsh and by her by the secondly hereinbefore recited Indenture of even date herewith assigned to the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Francis James Roscoe as aforesaid Upon trust that the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and James Francis Roscoe and the survivors and survivor of them and the executors and administrators of such survivor or other the Trustees or Trustee for the time being shall as soon as circumstances will permit call in and obtain payment or transfer to themselves or himself of the said one fourth of the said trust funds or the monies to be produced by the sale thereof or of the stocks funds and securities upon which the same shall be then invested and shall either permit the investment or security of or for the said one fourth or any part thereof to remain unaltered or shall with the consent in writing of the said Leopold George Heath and Mary Emma Marsh during their joint lives or of the survivor of them during his or her life and after the death of such survivor or at the discretion of the Trustees or Trustee  for the time being sell call in and receive the same or any part thereof And as to the said sum of Five thousand pounds secured by the firstly hereinbefore recited Indenture of even date herewith Upon trust that the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Francis James Roscoe and the survivors and survivor of them and the executors and administrators of such survivor and other the Trustees or Trustee for the time being of these presents shall as soon as circumstances shall permit call in and obtain payment there. And as to the money to be acquired by means of any such sale calling in payment or otherwise under any of the trust aforesaid Upon trust that the said Douglas Denon Heath, William Godfrey Whatman Edward Henry Loring and Francis James Roscoe and the survivors and survivor of them and the executors and administrators of such survivor and other the Trustees or Trustee for the time being with the consent in writing of the said Leopold George Heath and Mary Emma Marsh during their joint lives or of the survivor of them during his or her life and after the death of such survivor at the discretion of the Trustees or Trustee for the time being do and shall as and when such money shall be received lay out and invest the same in their or his names or name in any of the parliamentary Stocks or public funds of the United Kingdom or upon Mortgage of Freehold Copyhold or Leasehold Estate in England or Wales or on Bonds Debentures or other Securities of any Incorporated or Joint Stock Company established and carrying on business in any part of the United Kingdom or in the purchase of Stock or shares of any such incorporated Company with liberty to the Trustees or Trustee for the time being with the consent in writing of the said Leopold George Heath and Mary Emma Marsh or the survivor of them and after the decease of both of them in the discretion of the Trustee or Trustee for the time being to change the Investment or Investments thereof or any part thereof for any other or  others of the kinds hereinbefore prescribed. And as to all and singular the said several trust monies stocks funds shares and securities (and which are hereinafter referred to under the designation of "the said trust fund") Upon trust to pay the interest dividends and annual income thereof to the said Leopold George Heath for his life and after his decease to the said Mary Emma Marsh for her life and after the decease of both of them the said Leopold George Heath and Mary Emma Marsh As to as well the said trust funds as the interest dividends and annual produce thenceforth arising In trust for all and every or such one or more of the children of the said Leopold George Heath by the said Mary Emma Marsh or the issue (born in the life time of the said Leopold George Heath and Mary Emma Marsh or the survivor of them) of any such children and to be divided between or among them or any of them and to be an interest vested or interests vested in them or any of them and after the decease of both of them the said Leopold George Heath and Mary Emma Marsh to be paid assigned or transferred to them or any of them on or at such age day or time or respective ages days or times and with such provisions for their or any of their maintenance and advancement with such limitations over between or among them or any of them subject to such charges upon such conditions under such instructions and generally in such manner for their or any of their benefit

 

Files 37-39

 

Vested for that purpose in and by or by virtue of the said Indentures of the twenty eighth day of July One thousand eight hundred and seventeen and the fourteenth day of June One thousand eight hundred and forty eight or either of them and of every or any other power or authority at Law or in Equity in anywise enacting her in that behalf appointed there (subject and without prejudice to the appointment in favour of the said Frances Mary Crofton made by the said Deed Poll of the fifteenth day of June One thousand eight hundred and forty eight so far as the share hereby appointed still remain unpaid or unsatisfied and subject to the raising and paying of the sum of Six pounds four shillings and one penny the portion of the sum of Two thousand pounds appointed by the said Deed Poll of the twenty third day of August One thousand eight hundred and fifty two which remains unreceived as aforesaid and subject and without prejudice to the appointment in favour of the said Hannah Adelaide Loring made by the said Deed Poll of the ninth day of May One thousand eight hundred and fifty three) one fourth of the said sums of Four thousand six hundred pounds Five hundred and fifty pounds seven thousand five hundred pounds and One thousand eight hundred pounds Sterling and One hundred and twenty eight pounds London and North Western Railway Stock or the stocks funds and securities which might thereafter represent the same should thenceforth go and belong to the said Mary Emma Marsh and be an interest vested in and transmissible through her immediately on the execution of the Deed Poll now in recital but not to be payable or transferable until after the decease of the said Anne Marsh AND WHEREAS by an Indenture enclosed on the lastly hereinbefore recited Deed Poll and bearing even date with these presents and made between the said Mary Emma Marsh of the first part the said Leopold George Heath of the second part and the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Frances James Roscoe of the third part in pursuance of an agreement in that behalf made on the treaty for the said intended Marriage between Leopold George Heath and Mary Emma Marsh she the said Mary Emma Marsh with the privity and approbation of the said Leopold George Heath assigned unto the said Douglas Denon Heath, William Godfrey Whatman, Edward Henry Loring and Francis James Roscoe their executors administrators and assigns the one fourth by the lastly hereinbefore recited Deed Poll appointed to the said Mary Emma Marsh as therein and hereinbefore is mentioned And also the one fifth of the said Mary Emma Marsh of the sum of Two thousand pounds secured in the said Eliza Louise Marsh and Georgina Amelia Marsh in trust for themselves and the said Hannah Adelaide Loring (late Hannah Adelaide Marsh Spinster) Rosamond Jane Marsh and Mary Emma Marsh as tenants in common in equal shares by a Mortgage in fee subject to prior encumbrances of estates in the said County of Hertford of the said Anne Marsh effected by an indenture bearing date the twenty fourth day of August One thousand eight hundred and fifty two and made between the said Anne Marsh of the first part the said Eliza Louisa Marsh and Georgina Amelia Marsh of the second part and the said Rosamond Jane Marsh, Mary Emma Marsh and Hannah Adelaide Loring (then Hannah Adelaide Marsh Spinster) of the third part and of all interest now due and henceforth to become due in respect of the said principal sum and also the one fourth of the said Mary Emma Marsh of the sum of One thousand seven hundred pounds secured to the said Eliza Louisa Marsh and Georgina Amelia Marsh in trust for themselves and the said Rosamond Jane Marsh and Mary Emma Marsh as tenants in common in equal shares by a further charge (subject to such prior incumbrances) in the said Estates in the said County of Hertford affected by an Indenture bearing date the tenth day of May One thousand eight hundred and fifty three endorsed on the said Indenture of the twenty fourth day of August One thousand eight hundred and fifty two and made between the said Anne Marsh of the first part and the said Eliza Louisa Marsh and Georgina Amelia Marsh of the second part and the said Rosamond Jane Marsh and Mary Emma Marsh of the third part and of all interest now due and henceforth to become due in respect of the said lastly mentioned principal sum To hold receive and take the same respectively unto and by the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Francis James Roscoe their executors administrators and assigns with full power and authority for the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Francis  James Roscoe and the survivors and survivor of them his executors and administrators and their and his assigns to sue for recover and give effective discharge for the same nevertheless in trust for the said Mary Emma Marsh her executors administrators and assigns until the solemnization of the said intended marriage and after the solemnization thereof upon and for such trusts intents and purposes and under and subject to such power provisions declarations and agreements as were or should be expressed and declared of and concerning the same in and by Indenture expressed to be then already prepared and enqussed and intended to bear even date therewith and to be made between the said Leopold George Heath of the first part and the said Mary Emma Marsh of the second part and the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Francis James Roscoe of the third party thereby meaning this present Indenture SION THIS INDENTURE WITNESSED  that in consideration of the said intended marriage and of other promises IT IS HEREBY AGREED AND DECLARED that the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Francis James Roscoe their executors administrators and assigns shall stand possessed of the said sum of Six hundred pounds London and Brighton Railway Stock and the said sixteen preference shares of twenty five pounds each of the Copper Mines of England Company respectively transferred to or in the names of the said  Douglas Denon Heath, William Godfrey Whatman Edward Henry Loring and Francis James Roscoe as aforesaid and of the principal sum of five thousand pounds secured to them by the firstly hereinbefore recited Indenture of even date herewith as aforesaid and of the one fourth of the Trust Funds by the hereinbefore recited Deed Poll of the nineteenth day of November One thousand eight hundred and fifty three appointed to the said Mary Emma Marsh and by here by the secondly hereinbefore recited Indenture of even date herewith assigned to the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Francis James Roscoe as aforesaid and of the One fifth of the sum of Two  thousand pounds and of the One fourth of

 

 

File 43

 

HEREINAFTER raised remained invested in the said  Sir Henry Holland on the trusts of the said Indenture of the twenty eighth day of July one thousand  eight hundred and seventeen and fourteenth day of June One thousand eight hundred and forty eight consisted of the said sums of Four thousand six hundred pounds Five hundred and fifty pounds and Seven thousand five hundred pounds and Two thousand three hundred pounds which then still continued invested in the same manner as they were invested as the date of the said Indenture of the fourteenth day of June One thousand eight hundred and forty eight and of the said sum of One hundred and twenty eight pounds London and North Western Railway Stock and of the said sum of One thousand eight hundred pounds secured on mortgage of the share of the said Algernon Delmar of the said Estates at Elmstone as aforesaid AND WHEREAS the said Anne Marsh by a Deed poll under her hand and seal becoming dare (due?) the second day of May One thousand eight hundred and fifty three and also endorsed on the said Indenture of the fourteenth day of June One thousand eight hundred and forty eight in pursuance and exercise of the powers or authorities in that behalf invested in her under a  by virtue of the said Indentures of the twenty eighth day of July One thousand eight hundred and seventeen and fourteenth day of June one thousand eight hundred and forty eight respectively and every or any other power as Law or in equity enabling her thereunto appointed the said sum of Two thousand three hundred pounds part of the trust funds then subject to the trusts of the said indentures of the twenty eighth day of July One thousand eight hundred and seventeen and fourteenth day of June One thousand eight hundred and forty eight respectively unto here five then unmarried daughters the said Eliza Louisa Marsh Georgina Amelia Marsh Rosamond Jane Marsh Mary Emma Marsh and Hannah Adelaide Louisa Loring (then Hannah Adelaide Marsh) in the shares and in manner hereinafter mentioned (that is to say) Six hundred pounds part thereof unto the said Hannah Adelaide Loring for her separate use exclusive of any Husband with whom she might marry and the residue thereof unto the said Eliza Louisa Marsh, Georgina Amelia Marsh, Rosamond Jane Marsh and Mary Emma Marsh as Tenants in common in equal shares and authorised and directed the said Sir Henry Holland (then Henry Holland Esquire) or other the trustee or trustees for the time being of the said Indenture of the twenty eight day of July One thousand eight hundred and seventeen forthwith to call in and obtain payment of the said sum of Two thousand three hundred pounds and pay the same to the persons or person who should be entitled thereto by --- of the Appointment thereby made as aforesaid AND WHEREAS exclusively of the said sum of Two thousand three hundred pounds which was appointed by the lastly hereinbefore recited Deed Poll as aforesaid the said sum of Four thousand six hundred pounds Five hundred and fifty pounds Seven thousand five hundred pounds and One thousand eight hundred pounds Sterling and  One hundred and twenty eight pounds London and North Western Railway Stock were the only Funds which at the date of the Deed Poll of the ninth day of May One thousand eight hundred and fifty three hereinafter recited continued vested in the said Sir Henry Holland upon the of the said Indentures of the twenty eighth day of July One thousand eight hundred and seventeen and fourteenth day of June One thousand eight hundred and forty eight AND WHEREAS by a Deed Poll bearing date the ninth day of May one thousand eight hundred and fifty three under the hand and  seal of the said Anne Marsh and attested by two witnesses she the said Anne Marsh pursuant to and in exercise and execution of the powers or authorities to her the  said Anne Marsh given or reserved or in her vested for that purpose in and by or by virtue of the said Indentures of the twenty eighth day of July One thousand eight hundred and seventeen and fourteenth day of June One thousand eight hundred and forty eight or either of them and of every or any other power or authority or Law or in Equity in anywise enabling her in that behalf appointed that (subject and without prejudice to the Appointment in favour of the said Frances Mary Crofton made by the said Deed Poll of the fifteenth day of June One thousand eight hundred and forty eight so far as the share thereby appointed still remained unpaid or unsatisfied and subject to the raising and paying of the sum of six pounds four shillings and one penny the portion of the said sum of Two thousand pounds appointed by the said Deed Poll of the twenty third day of August One thousand eight hundred and fifty two which remained unraised as aforesaid) One fifth less by the sum of One hundred and forty pounds sterling of the said sums of Four thousand six hundred pounds Five hundred and fifty pounds Seven thousand five hundred pounds and One thousand eight hundred pounds Sterling and One thousand twenty eight pounds London and North Western Railway stock or the stocks funds and securities which might thereafter represent the same should thenceforth go and belong to the said Hannah Adelaide Loring (then Hannah Adelaide Marsh) and be an interest vested in and transmissible through her immediately on the execution of the said Deed Poll now in recital but not be payable or transferable until after the decease of the said Anne Marsh AND WHEREAS the sum of Two thousand three hundred pounds appointed by the said  Deed Poll of the second day of May One thousand eight hundred and fifty three was shortly after the date of such Deed Poll called in and paid to the persons and in manner to and in which the same was appointed and - to be paid by such Deed Poll and the said sums of Four thousand six hundred pounds five hundred and fifty pounds Seven thousand five hundred pounds and One thousand eight hundred pounds stating and One hundred and twenty eight pounds London and North Western Railway Stock still continues vested in the said Sir Henry Holland upon the trusts of the said Indentures  of the twenty eight day of July one thousand eight hundred and seventeen and fourteenth day of June One thousand eight hundred and Forty Eight AND WHEREAS by a Deed Poll being date the nineteenth day of November One thousand eight hundred and fifty there under the hand and seal of the said Anne Marsh and attested by two Witnesses she the said Anne Marsh pursuant to and in exercise and execution of the powers and authorities to her given or reserved or in her

 

File 47

 

The age of twenty one years on or before the twenty first day of June One thousand eight hundred and forty nine and she duly executed the said Indenture of the fourteenth day of June One thousand eight hundred and forty eight on the first day of July One thousand eight hundred and fifty which is stated as the day of her execution thereof in the attestation of such execution AND WHEREAS all the hereinbefore mentioned daughters of the said Arthur Cuthbert Marsh and Anne Marsh are still living and all (except the said Francis Mary Crofton and Hannah Adelaide Loring) are still unmarried AND WHEREAS in the month of July One thousand eight hundred and forty eight the sum of One thousand pounds part of the aforesaid mortgage debt of One thousand seven hundred and fifty pounds was paid off and the same sum of One thousand pounds was under the direction of the said Arthur Cuthbert Marsh and Anne Marsh paid to the said Richard Henry Crofton and Frances Mary his wife in part share appointed to the said Frances Mary Crofton by the said Deed Poll bearing date the fifteenth day of June One thousand eight hundred and forty eight and for which One thousand pounds in part of such share the said Richard Henry Crofton and Frances Mary his wife signed a stamped receipt AND WHEREAS in the month of July One thousand eight hundred and forty nine the sum of Seven hundred and fifty pounds residue of the said mortgage debt of One thousand seven hundred and fifty pounds was paid off and the sum of Three hundred and fifty pounds part thereof was invested on the security of a further mortgage of the share of the of the said Charles Albert Delmar of the said Estates at Elmstone making with the sum of One thousand three hundred and thirty seven pounds fourteen shillings and five pence invested on mortgage of such share as aforesaid One thousand six hundred and eighty seven pounds fourteen shillings and five pence and the sum of One hundred and twelve pounds five shillings and nine pence further part of the said sum of Seven hundred and fifty pounds was invested on the security of a further mortgage of the share of the said  Algernon Delmar of the said Estates at Elmstone making with the sum of One thousand six hundred and eighty seven pounds fourteen shillings and three pence invested on mortgage of such share as hereinbefore mentioned the sum of One thousand eight hundred pounds and the sum of One thousand and eighty seven pounds fourteen shillings and three pence further part of the said Seven hundred and fifty pounds was invested in the purchase in the name of the said Sir Henry Holland (then Henry Holland Esquire) of Two hundred and one pounds sixteen shillings and ten pence deduced three pounds per cent Annuities and the sum of One hundred pounds residue of the sum of Seven hundred and fifty pounds was advanced by the said Sir Henry Holland to the said Arthur Cuthbert Marsh on deposit of certain railway stock and the said sum of Two hundred and one pounds sixteen shillings and ten pence deduced three pounds per cent annuities was afterwards sold and the net proceeds thereof invested in the purchase in the name of the said Sir Henry Holland (then Henry Holland Esquire) of One hundred and sixty five pounds stock of the London and North Western Railway Company AND WHEREAS the said Arthur Cuthbert Marsh died on or about the twenty third day of December One thousand eight hundred and forty nine and he was buried at Gillingham in the County of Kent and there was no child of his marriage with the said Anne Marsh born after the date of the hereinbefore recited Deed Poll of the fourth day of November One thousand eight hundred and forty four AND WHEREAS the said Anne Marsh by a Deed Poll bearing date the twenty third day of August One thousand eight hundred and  fifty five endorsed on the said Indenture of the fourteenth day of June One thousand eight hundred and forty eight in pursuance and exercise of the power or authority in that behalf vested in here under or by virtue of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen and the said Indenture of the fourteenth day of June One thousand eight hundred and forty eight respectively and every or any other power at law or in equity enabling her thereunto appointed the sum of Two thousand pounds part of the trust funds then - to the trusts of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen unto her five then unmarried daughters the said Eliza Louisa Marsh Georgina Amelia Marsh Rosamond Jane Marsh Mary Emma Marsh and Hannah Adelaide Loring (then Hannah Adelaide Marsh) as Tenants in common in equal shares and authorized and directed the said Sir Henry Holland (then Henry Holland Esquire) or other the trustee or trustees for the time being of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen forthwith to raise the said  sum of Two thousand pounds from the said trust funds and pay the same to the person or persons who should be invested thereto by virtue of the appointment thereby made as aforesaid AND WHEREAS shortly after the date and execution of the lastly hereinbefore recited Deed Poll the said Sir Henry Holland in pursuance of the direction in their behalf contained therein raised the sum of One thousand nine hundred and ninety three pounds fifteen shillings and eleven pence by calling in and receiving payment of the said mortgage debt of One thousand six hundred and eighty seven pounds fourteen shillings and five pence secured on the share of the said Charles Albert Delmar of the said Estates at Elmstone and by converting into money the said sum of One thousand and sixty five pounds London and North Western Railway Stock which produced the sum of Five hundred and six pounds one shilling and six pence Sterling and by calling in and receiving payment from the personal representative of the said Arthur Cuthbert Marsh of the said sum of One hundred pounds on advanced to him as aforesaid and paid such sum of One thousand nine hundred and ninety three pounds fifteen shillings and seven pence to or according to the direction and on the account of the said Eliza Louisa Marsh Georgina Amelia Marsh Rosamond Jane Marsh Mary Emma Marsh and Hannah Loring (then Hannah Adelaide Marsh) leaving the sum of Six pounds four shillings and one penny to which they became entitled under the said lastly mentioned Deed Poll unraised and which still remains unraised and owing to them thereunder AND WHEREAS the funds which at the date of the Deed Poll of the second day of May One thousand eight hundred and fifty three

 

File 52

 

THIS INDENTURE made the seventeenth day of May One thousand eight hundred and ninety eight BETWEEN the within named Admiral Sir Leopold George Heath K.C.B. and Dame Mary Emma his wife of the first part and the within named Arthur Raymond Heath and Cuthbert Eden Heath of the second part and the said Cuthbert Eden Heath and Frederick Crofton Heath of Brompton Barracks Chatham in the County of Kent - a Major in the Royal Engineers of the third part WHEREAS the said Arthur Raymond Heath is desirous of being discharged from the trusts repaid in him by the within Indenture of Settlement and the said Leopold George Heath and Mary Emma his wife are desirous of appointing the said Frederick Crofton Heath to be a Trustee in the room of the said Arthur Raymond Heath NOW THIS INDENTURE WITNESSETH that the said Leopold George Heath and Mary Emma his wife by virtue and in exercise and execution of the power or authority for them for this purpose given by the within written Indenture of Settlement Do and each of them Doth by this present Deed which is intended to be legally executed by them nominate and appoint the said Frederick Crofton Heath to be a Trustee in the room of the said Arthur Raymond Heath for the purposes mentioned in the within written Indenture AND IT IS HEREBY AGREED AND DECLARED between and by the parties to these presents that the said Cuthbert Eden Heath and Frederick Crofton Heath shall stand and be seized of and interested in the freehold messuage and tenements farm and hereditaments conveyed to them by Indenture of (words crossed out) day of (word crossed out) one thousand eight hundred and ninety eight AND ALSO the said several stocks funds and securities mentioned in the schedule to the Indenture of the twenty fourth day of March one thousand eight hundred and ninety six endorsed on the within Indenture of  Settlement and the interest dividends and annual produce thereof respectively UPON the trust and for the ends intents and purposes and with under and subject to the powers provisoes agreements and declarations upon for with under and subject to which the same several hereditaments and premises stocks funds securities interest and annual proceeds are or ought to be held  under or by virtue of the said within written Indenture of Settlement AND THIS  INDENTURE ALSO WITNESSETH that in consideration of the premises they the said Leopold George Heath and Mary Emma his wife do and each of them doth hereby remise release and discharge the said Arthur Raymond Heath from all and singular the trusts of the within Indenture of Settlement and all actions suit claims and demands whatsoever in respect or on account of the same trusts IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

Signed Sealed and delivered by the above named 

L G Heath   and Mary Emma Heath 

In the presence of Samual Cowell (Butler)

Anstie Grange

Holmwood.

 

Signed Sealed and delivered by the above named Arthur Raymond Heath in the presence of 

E. Benjamin Butler 

Stourton Hall 

Baumber

 

Signed Sealed and delivered by the above named Cuthbert Eden Heath in the presence of 

Mrs Butler

Clear to Mr R. Wright

Solicitor

17 Whitehead Grove

Sloane Square

SW.

 

Signed Sealed and Delivered by the above named  Frederick Crofton Heath in the presence of 

Signature Col.R.S.

Brompton Barracks

 

F C Heath

 

File 55

 

NEW three pounds ten shillings per cent Annuities nor should she or they at any time be required to account for the same or any part thereof  - And it was by the same Indenture agreed and declared between and by the several parties thereto so far as they respectively were or might become interested that it should  be lawful for the Trustee or Trustees for the time being of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen to continue the trust funds then subject to the trusts of the said Indenture or any of them in their then states of investment for such period as the same Trustees or Trustee should think fit or at any time or times to consent the same or any part though into money and to invest the money arising from the same or any part thereof in their or his names or name in any Parliamentary Stocks or public funds of the United Kingdom or upon Mortgage of freehold copyhold or leasehold estates in England or Wales or on Bond Debentures or other Securities of any incorporated or Joint-Stock Company established or carrying on business in any part of the United Kingdom or in the purchase of Stock or shares of any such incorporated Company and from time to time to vary any such investment or investments for any other or others of the kind presented and particularly that it should be lawful for the Trustees or Trustee for the time being of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen immediately or at any time after the execution of the Indenture now in recital to convert into money the hereinbefore mentioned sum of One thousand nine hundred and fifty four pounds twelve shillings and nine pence Three pounds per cent Consolidated Bank Annuities and invest the proceeds thereof on Mortgage of the share of Algernon Delmar another son of the said William Delmar of the said Estates at Elmstone aforesaid but so nevertheless that any conversion and investment thereby authorized that might be made during the lives of the said Arthur Cuthbert Marsh and Ann Marsh or the life of the survivor of them were made with their his or her consent in writing And moreover that it should be lawful for the Trustees or Trustee for the time being of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen at the request in writing of the said Arthur Cuthbert Marsh and Anne Marsh or the survivor of them at any time or times during the lives of the said Arthur Cuthbert Marsh and Anne Marsh or the life of the survivor of them to raise and to pay or assign and transfer unto any child or children of the said Arthur Cuthbert Marsh and Anne Marsh or the executors administrators or assigns of such child or children respectively or otherwise as such child or children should respectively direct or any part of the share or to which the same child or children respectively might be or become absolutely entitled under the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen or any exercise of the powers of appointment or selection therein contained or either of them of the respective trusts funds then continuing subject to the respective trust of the same Indenture or any or either of them or the stock funds or securities for the time being representing the same or any or either of them and notwithstanding the respective life interests therein of the said Arthur Cuthbert Marsh and Anne Marsh it was hereby also declared that notwithstanding the non execution of the said Indenture at any time by the said Hannah Adelaide Loring (who was then a spinster and a minor) the same should as regarded all the other persons executing the same have the life force and effect in all respects as it would have had in case the said Hannah Adelaide Loring (being free from disability ) had at the date of the said Indenture executed the same AND WHEREAS by a Deed Poll bearing date the fifteenth day of June One thousand eight hundred and forty eight under the hands and seals of the said  Arthur Cuthbert Marsh and Anne Marsh in performance of an agreement made in contemplation and in consideration of the marriage contemplated at the date of such Deed Poll between the said Richard Henry Crofton and Frances Mary Crofton (then Frances Mary Marsh spinster) and which was shortly afterwards solemnized the said Arthur Cuthbert Marsh and Anne Marsh in exercise of the powers or authorities to them given or reserved for that purpose in and by the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen and of every and any other power or authority at Law or in Equity in anywise enabling them in that behalf appointed One sixth part or share of the several trusts monies and stock which then remained subject to the several trusts of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen unto the said Frances Mary Crofton to be an interest vested in and transmissible through her immediately on the execution of the Deed now in recital but not to be payable or transferable until after the decease of both of them the said Arthur Cuthbert Marsh and Anne Marsh AND WHEREAS shortly after the date and execution of the said Indenture of the fourteenth day of June One thousand eight hundred and forty eight and in pursuance of the power in that behalf therein contained the said sum of One thousand nine hundred and forty five pounds twelve shillings and nine pence in the said Indenture (by mistake to One thousand nine hundred and fifty four pounds twelve shillings and nine pence) Three pounds per cent Consolidated Bank Annuities was converted into money and the sum of One thousand six hundred and eighty seven pounds fourteen shillings and three pence the net proceeds of such conversion was advanced on Mortgage of the share of the within named Algernon Delmar of the Estates at Elmstone referred to in the said Indenture of the fourteenth day of June One thousand eight hundred and forty eight which mortgage was effected by an Indenture bearing date the seventh day of July One thousand eight hundred and forty eight and between the said William Delmar of the first part the said Algernon Delmar of the second and the said Sir Henry Holland (then Henry Holland Esquire) of the third part AND WHEREAS the said Hannah Adelaide Loring (then Hannah Adelaide Marsh) attained

 

File 060

 

THIS INDENTURE made the twenty fourth day of Marsh one thousand eight hundred and ninety six BETWEEN the within named LEOPOLD GEORGE HEATH now Sir Leopold George Heath an Admiral in Her Majesty's Nay KCB and DAME MARY EMMA his wife formerly Mary Emma Marsh on the first part the within named DOUGLAS DENON HEATH and RICHARD HENRY CROFTON of the second part and ARTHUR RAYMOND HEATH,  Anstie Grange Holmwood Dorking in the County of Surry Esquire and CUTHBERT EDEN HEATH of 47 Portman Square in the County of London Esquire of the third part WHEREAS  by Indenture dated the second day of May one thousand eight hundred and sixty two endorsed on the within written Indenture the said Richard Henry Crofton was appointed a Trustee of the within Settlement in the place of Frances James Roscoe then desirous of being discharged and in conjunction with the within named Douglas Denon Heath William Godfrey Whatman and Edward Henry Loring AND WHEREAS the said William Godfrey Whatman died on the Seventeenth day of December one thousand eight hundred and Ninety six and the said Edward Henry Loring died on the twenty fifth day of August one thousand eight hundred and ninety nine AND WHEREAS the said Douglas Denon Heath and Richard Henry Crofton are desirous of being discharged from the Trusts reposed in them by the within written Indenture of Settlement and that the said Sir Leopold George Heath and Mary Emma his wife are desirous of appointing the said Arthur Raymond Heath and Cuthbert Eden Heath to be Trustees in the room of the said Douglas Denon Heath and Richard Henry Crofton so desirous of being discharged and the said William Godfrey Whatman and Edward Henry Loring being deceased as aforesaid AND WHEREAS part of the Trust Funds subject to the Trusts of the within written Indenture of Settlement consist of the certain Freehold messuage Tenement farm lands and hereditaments (being part of the Trouts Farm and Land adjoining) situate in the Parishes of Ockley and Capel in the County of Surrey and vested by virtue of an Indenture of Release made the second day of May one thousand eight hundred and sixty two endorsed on an Indenture of Conveyance of the twenty eighth day of Marsh one thousand eight hundred and fifty seven in the said Douglas Denon Heath and Richard Henry Crofton as survivors both the said William Godfrey Whatman and Edward Henry Loring being deceased AND WHEREAS by the Indenture bearing even date with these presents endorsed on the said Indenture of the twenty eighth day of Marsh one thousand eight hundred and fifty seven the said messuage or tenement farm lands and hereditaments have been duly conveyed and  assured unto the said Arthur Raymond Heath and Cuthbert Eden Heath UPON the Trusts of the within written Indenture of Settlement AND WHEREAS the remainder of the Trust Funds subject to the Trust of  the within written Indenture of Settlement consists of the monies stocks funds shares and securities specified in the schedule hereunder written and have been transferred into the joint names of the said Arthur Raymond Heath and Cuthbert Eden Heath as they do hereby respectively admit and acknowledge NOW THIS INDENTURE WITH EFFECT that the said Leopold George Heath and Mary Emma his wife by virtue and in exercise and in execution of the power or authority to them for this purpose given or received in and by the within written Indenture of Settlement and of all other powers and authorities enabling them in this behalf do and each of them doth by the present deed which is intended to be legally executed by them nominate and appoint the said Arthur Raymond Heath and Cuthbert Eden Heath to be Trustees in room of the said Douglas Denon Heath and Richard Henry Crofton for the purposes mentioned in the within written Indenture of Settlement AND IT IS HEREBY AGREED AND DECLARED between and by the parties to them present that the said Arthur Raymond Heath and  Cuthbert Eden Heath shall stand and be seized of and interested in the said freehold messuage or tenement farm land and hereditaments so conveyed to them as aforesaid AND ALSO the said several stock funds and securities mentioned in the Schedule hereunder and the interest dividends and annual produce thereof respectively UPON the trusts and for the ends intents and purposes and with under and subject to the powers provisoes agreements and declarations upon for with under and subject to which the same several hereditaments and premises stocks funds securities monies interest dividends and annual proceeds are or ought to be held under or by virtue of the said within Indenture of Settlement AND THIS INDENTURE ALSO WITNESSETH that as consideration of the premises they the said Leopold George Heath and Mary Emma his wife do and each of them doth hereby remit release and discharge the said Douglas Denon Heath and Richard Henry Crofton and each of them and their and each of their land and tenements goods chattels whatsoever and whosoever of and from all and singular the trusts of  the within written Indenture of Settlement expressed of and concerning the monies funds and securities thereby settled and every and any such trusts and of and from all actions such accounts reckonings damages expenses claims and demands whatsoever in respect or on account of the same trusts of any matter or  thing connected therewith or in anywise relating thereto and concerning either previously or subsequently to the execution of these presents IN WITNESS whereof the said parties of these presents have hereon to set their hands and seals this day and year first above written

Signed Sealed and Delivered by the said Douglas Denon Heath in the presence of John Baker, Butler Kitlands Holmwood. 

Signed Sealed and  Delivered by the said Richard H. Crofton in the presence of Amelia R.A. Isaac Brompton Park, Worcester , Widow.

Signed Sealed and Delivered by the said  Leopold George Heath in the presence of Samuel Cowell Anstie Grange,  Holmwood

Signed Sealed and Delivered by the said Mary Emma Heath in the presence of Samuel Cowell, Butler, Anstie Grange. Holmwood.

Signed Sealed and Delivered by the said Cuthbert Eden Heath in the presence of Emily North 70 Datmir Square spinster.

Signed Sealed and Delivered by the said Arthur Raymond Heath in the presence of R. Higgs Stournton Hall, Footman. 

 

The Schedule

£750 Metropolitan Railway Stock

£ 1184 London Brighton and South Coast Railway Stock

£ 3124 London Chatham and Dover Arbitration Preference Stock

£370 Metropolitan Railway Surplus Land Stock 

Freehold land part of Trouts Farm in the Parishes of Ockley and Capel in the County of Surrey

£600 Mortgage of the copyholds Manor of Westcott Capel Surrey 

 

File 64

 

AND Anne Marsh given or reserved for that purpose in and by the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen as aforesaid and of every and any other power or authority at Law or in Equity in anywise enabling them in that behalf direct limit and appoint unto the said Eliza Louisa Marsh the sum of Four hundred and twenty one pounds seven shillings and five pence New Three and a half per cent Annuities (being the residue of the said sum of One thousand four hundred and four pounds three shillings and five pence life annuities) to be an interest vested in and transmissible through her immediately on the execution thereof and they did thereby authorize and direct the said Sir Henry Holland (then Henry Holland Esquire) and other the Trustee or Trustees for the time being of the said Indenture of the twenty eighth day of July one thousand eight hundred and seventeen forthwith to transfer the said sum of Four hundred and twenty one pounds seven shillings and five pence New Three and a half per cent Annuities unto the said Eliza Louise Marsh her executors administrators and assigns for her and their absolute use freed and absolutely discharged from the respective live interests therein of the said Arthur Cuthbert Marsh and Anne Marsh and all claims and demands of them or either of them or to the same AND WHEREAS shortly after the date and execution of the lastly hereinbefore recited Deed Poll said sum of Four hundred and twenty one pounds seven shillings and five pence New Three and a half per cent Annuities was disposed of according to the direction of the said Eliza Louisa Marsh AND WHEREAS the said Eliza Louisa Marsh disposed of the said sum of One thousand pounds appointed by the said Deed Pool of the fourth day of November One thousand eight hundred and forty four and paid to her as aforesaid for the benefit of her Brother the said Martin William James Marsh who died under age and without having been married as hereinbefore is mentioned and the proceeds of the said sum of four hundred and twenty one pounds seven shillings and five pence New Three and a half per cent Annuities appointed by the said Deed Poll of the seventh day of November  One thousand eight hundred and forty five as aforesaid were by or under the direction of the said Eliza Louisa Marsh disposed of for the general benefit of the said Arthur Cuthbert Marsh and Anne Marsh and their children AND WHEREAS the said sums of Tour thousand six hundred pounds Five hundred and fifty pounds and Seven thousand five hundred pounds hereinbefore mentioned to be received as aforesaid continue to be invested on the several securities for the same hereinbefore mentioned or referred to AND WHEREAS the said sums of Two thousand pounds and Five thousand pounds the fortune of the said Anne Marsh settled by the said Indenture of twenty eighth day of July One thousand eight hundred and seventeen as aforesaid and which were heretofore invested in the purchase of the sum of Seven thousand four hundred and sixty seven pounds four shillings and one penny Three pounds per cent consolidated Bank Annuities as the dates of the Indenture of the fourteenth and Deed Poll of the fifteenth day of June One thousand eight hundred and forty eight respectively hereinafter recited consisted of the following particulars and of which the securities and investments were taken and made in the name of the said Sir Henry Holland (then Henry Holland Esquire) the surviving Trustee of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen (that is to say) the sum of Five thousand three hundred pounds received on an equitable Mortgage by deposit of certain mortgage securities the property of Edward Taylor Esquire effecting the estate of the Right Honourable William Earl of Listowel situated at Knightsbridge in the said County of Middlesex the sum of One thousand seven hundred and fifty pounds received on Mortgage of property of William Henry Thompson Esquire situated at Colwood near Cuckfield in the County of Sussex the sum of One thousand three hundred and thirty seven pounds fourteen shillings and five pence secured on Mortgage of the share of Charles Abbott Delmar one of the sons of William Delmar Esquire of a Freehold estate situated at Elmstone in the County of Kent the sum of One thousand nine hundred and fifty pounds twelve shillings and nine pence Three pounds per cent Consolidated Bank Annuities and the sum of One hundred and twenty eight pounds stock of the London and North Western Railway Company AND WHEREAS the several sums of money and stock mentioned in the two recitals lastly hereinbefore contained at the dates of the said lastly mentioned Indenture and Deed Poll respectively constituted the whole of the trust funds that then remained subject to the several trusts of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen AND WHEREAS by an Indenture bearing date the fourteenth day of June One thousand eight hundred and forty eight and made or expressed to be made between the said Frances Mary Crofton (then Frances Mary Marsh spinster) Georgina Amelia Marsh Rosamond Jane Marsh Mary Emma Marsh and Hannah Adelaide Loring (then Hannah Adelaide Marsh Spinster) of the first part the said Richard Henry Crofton  of the second part and the said Eliza Louisa Marsh of the third part In consolidation of the sum of One thousand pounds Sterling and the said sum of Four hundred and twenty one pounds seven shillings  and five pence New Three pounds ten shillings per cent Annuities having been --- (erasure?) so disposed of as mentioned in the recitals hereinbefore contained the several persons parties thereto of the first part so far as regarded their respective interests did for themselves severally and for their respective heirs executors and administrators covenant and agree with and to the said Eliza Louisa Marsh her executors and administrators (the said Frances Mary Crofton acting therein with the privity and consent of the said Richard Henry Crofton testified by his executors thereof / that the said Eliza Louisa Marsh her executors administrators and assigns should not on the distribution of the trust funds comprised in or subject to the trusts of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen and the stocks funds and securities for the time being representing the same or any of them be required to bring into hotchpot the said sum of One thousand pounds sterling and Four hundred and twenty one pounds seven shillings and five pence

 

File 69

 

TO ALL TO WHOM these presents shall come Admiral Sir Leopold George Heath K.C.B. and Dame Mary Emma Heath his wife (in the within written Indenture respectively described as Leopold George Heath Esquire a Commander in Her Majesty's Navy and Mary Emma Marsh Spinster) send Greeting. AND WHEREAS shortly after the execution of the within written Indenture a marriage was solemnized between the said Leopold George Heath and Mary Emma Marsh AND WHEREAS there were issue of the said Leopold George Heath by the said Mary Emma Heath several children of whom Ada Randolph Heath is one AND WHEREAS the Trust Funds subject to the Trust of the within written Indenture now --- of the monies stocks funds shares and securities specified in the schedule hereunder written now standing in the names or under the legal control of Douglas Denon Heath of Kitlands in the County of Surrey Esquire and Richard Henry Crofton of Powyke in the County of Worcester a Major General in Her Majesty's Army the present Trustees of the within written Indenture AND WHEREAS a marriage is intended to be solemnized between the said Ada Randolph Heath and Henry John Tschudi Broadwood of No.33 -Pulteney Street in the County of Middlesex Esquire and upon the treaty for the said intended marriage it was agreed that the said Leopold George Heath and Mary Emma Heath should make such appointment to or in favour of the said Ada Randolph Heath as is hereinbefore contained NOW these presents witness that in pursuance of the said Agreement and in service of the power for this purpose given to them by the within written Indenture and of very or any other power enabling them in this behalf They the said Leopold George Heath and Mary Emma Heath do hereby appoint that (if the said intended marriage between the said Ada Randolph heath and Henry John Tschudi Broadwood take place within six calendar months from the date hereof and subject and without prejudice to the Trusts in the within written Indenture contained in relation to the income of the trust funds and property for the time being subject to the trusts thereof during the lives of the said Leopold George Heath and Mary Emma Heath and the life of the survivor of them and subject and without prejudice to the power of varying investments in the same Indenture contained) the sum of one thousand pounds sterling (to be a charge upon and raisable and payable out of all and singular the trust funds and property now and for the time being subject to the trusts of the within written Indenture which shall remain after satisfying the appointment in favour of the above named Marion Emma Heath now Marion Emma Cotton made by the above written Deed Poll / shall from and after the solemnization of the said intended marriage belong to and be vested in the said Ada Randolph Heath and be held in trust for the said Ada Randolph Heath her executors administrators or assigns absolutely and shall be raisable and payable to her or them forthwith upon the decease of the survivor of them the said Leopold George Heath and Mary Emma Heath IN WITNESS whereof the said Leopold George Heath and Mary Emma Heath have hereunto set their hands and seals the eighteenth day of August one thousand eight hundred and eighty six.

Signed sealed and delivered by the said

Leopold George Heath

And Mary Emma Heath in presence of

John Sant

Butler 

Anstie Grange

 

The Schedule referred in the above written Deed Poll

?740 Metropolitan Railway Stock 

?1184 London Brighton and South Coast Railway Stock

?3124 London Chatham and Dover Arbitration Preference Stock

Freehold lands part of Trouts Farm in the parishes of Ockley and Capel in the County of Surrey.

?600 mortgage on copyhold portion of the same Trouts Farm

 

To all to whom these presents shall come Admiral Sir Leopold George Heath KCB and Dame Mary Emma Heath his wife whereas shortly after the creation of the within written Indenture a marriage was solemnized between the said Leopold George Heath and Mary Emma Heath AND WHEREAS there was issue of the said Leopold George Heath by the said Mary Emma Heath the following children all of whom have attained the age of twenty one years namely Arthur Raymond Heath, Marion Emma Crofton, Frederick Crofton Heath, Cuthbert Eden Heath, Ada Randolph Broadwood, Herbert Leopold Heath and Gerard Moore Heath AND WHEREAS by these several Deed Polls under the hands and seals of the said Leopold George Heath and Mary Emma Heath and dated respectively the First day of May One thousand eight hundred and eighty, the twentieth day of June one thousand eight hundred and eighty one(?) and the eighteenth day of August one thousand eight hundred and eighty six and the sums of six thousand pounds One thousand pounds and One thousand pounds were irrevocably appointed out of the Trust Funds of the within written Indenture of Settlement in favour of Cuthbert Eden Heath, Marion Emma Heath now Marion Emma Crofton, Ada Randolph Heath now Ada Randolph Broadwood respectively. Now these presents witness that in execution of the power given to them by the within written Indenture and of every or any other power enabling them in that behalf they the said Leopold George Heath and Mary Emma Heath do hereby appoint that one third of the residue of the Trust Funds shall belong to and be vested in the said Frederick Crofton Heath and that Herbert Leopold Heath and that the remaining third part of the said residue of the Trust Funds shall belong to and be vested in the said Gerard Moore Heath but all of them subject to the life interests therein of the said Leopold George Heath and Mary Emma Heath. In Witness whereof the said Leopold George Heath and Mary Emma Heath have hereunto set their hands and seals this thirteenth day of January one thousand eight hundred and ninety three.

Signed sealed and delivered by the said Leopold George Heath  and Mary Emma Heath in presence of 

 

Samuel Cowell

Butler

Anstie Grange

Holmwood

 

The residue referred to .. consists of 

?740 Metropolitan Railway Stock

?2070 D surplus land stock

?1154 London Brighton and South Coast Railway Stock

?3124 London Chatham and Dover Arbitration Preference Stock 

Freehold lands part of Trouts Farm in the parishes of Ockly and Capel County of Surrey. 

Also ?600 mortgage in copyhold portion of Trouts Farm subject to prior charges of 1000 such to M.E. Cotton & C.R. Broadwood.

 

File 73

 

The third day of July One thousand eight hundred and twenty three Martin William James Marsh who was born on or about the twenty fourth day of August One thousand eight hundred and twenty five the said Mary Emma Marsh who was born on or about the thirteenth day of November One thousand eight hundred and twenty six and Hannah Adelaide now the wife of the said Edward Henry Loring who was born on or about the twenty first day of June One thousand eight hundred and twenty eight and there had been no son of the said Marriage who had attained the age of twenty one years or Daughter of the said Marriage who had attained that age or been married and died previously to the date of the said Deed Poll and the said Martin William James Marsh died after the date of the said Deed Poll namely on the tenth day of August One thousand eight hundred and forty six under age and without having been married and he was buried at Athens in Greece AND WHEREAS Henry Holland of Lower Brook Street Grosvenor Square in the said County of Middlesex Doctor of Medicine (now Sir Henry Holland Baronet) was in pursuance of a power in that behalf contained in the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen appointed a Trustee of the said Indenture in the place of the said George Edward Graham who had become incapable of acting in the trusts of the said Indenture AND WHEREAS the said Josiah Wedgewood departed this life subsequently to the appointment of the said Sir Henry Holland to be such Trustee and thereby the said Sir Henry Holland became and is now the sole Trustee of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen AND WHEREAS the said James Rivington Wheeler foreclosed his aforesaid Mortgage whereby the freehold and copyhold hereditaments comprised in the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen were wholly lost to the Trustees of the said Indenture AND WHEREAS the said Sir Henry Holland as the surviving Trustee of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen was the date of the Deed Poll of the fourth day of November One thousand eight hundred and forty four hereinafter recited entitled to the following mortgage debts and stock which had arisen from monies received on account of the indemnity against the said Mortgage Security to the said James Rivington Wheeler mentioned in the Indenture of the twenty eighth day of July One thousand eight hundred and seventeen (that is to say) the sum of Four thousand six hundred pounds secured on Mortgage in the Leasehold Rectory and tithes of Shorne in the County of Kent of the said Arthur Cuthbert Marsh the sum of Five hundred and fifty pounds secured on Mortgage of five Plymouth Stock Shares of the said Arthur Cuthbert Marsh and the sum of Seven thousand five hundred pounds secured on the Mortgage of the Estate of the said Arthur Cuthbert Marsh situated in the County of Herts called the Eastbury Lodge Estate and the sum of One thousand four hundred and four pounds three shillings and five pence New Three and a half per cent Bank Annuities standing in the Books of the Governor and Company of the Bank of England in the name of the said Sir Henry Holland as the survivor in a joint account with the said Josiah Wedgwood and which Mortgage debts and stock represented the whole of the principal monies that had been received from such indemnity and which indemnity had been wholly exhausted AND WHEREAS by a Deed Poll bearing date the fourth day of November One thousand eight hundred and forty four under the hands and seals of the said Arthur Cuthbert Marsh and Anne Marsh and attested by two witnesses they the said Arthur Cuthbert Marsh and Anne Marsh did pursuant to and in exercise and execution of the power or authority to them the said Arthur Cuthbert Marsh and Anne Marsh given or reserved for that purpose in and by the Indenture of the twenty eighth day of July One thousand eight hundred and seventeen and of every or any other power or authority at Law or in Equity in anywise enabling them in that behalf direct limit and appoint unto the said Eliza Louisa Marsh the sum of One thousand pounds Sterling to be an interest vested in and transmissible through her immediately on the execution thereof and they did thereby authorise and direct the said Sir Henry Holland then Henry Holland Esquire or other the Trustees for the time being of the said Indenture of the twenty eighth day of July One thousand eight hundred and seventeen to raise the said sum of One thousand pounds from and out of the trust monies and stock monies specified (being the trust monies and stock lastly hereinbefore mentioned) or some part or parts thereof and to pay the same unto the said Eliza Louisa Marsh her executors administrators and assigns for her and their absolute use and benefit - freed and absolutely discharged from the respective life interests therein of the said Arthur Cuthbert Marsh and Anne Marsh and all claims and demands of them or either of them in or to the same AND WHEREAS shortly after the date of the said Deed Poll of the fourth day of November One thousand eight hundred and forty four the said Sir Henry Holland (then Henry Holland Esquire) raised the sum of One thousand pounds Sterling by the sale of Nine hundred and eighty two pounds sixteen shillings New Three and half per cent Bank Annuities parcel of the said sum of One thousand four hundred and four pounds three shillings and five pence like Annuities and paid the said sum of One thousand pounds to the said Eliza Louisa Marsh in pursuance of the said Deed Poll AND WHEREAS by a Deed Poll bearing date the seventh day of November One thousand eight hundred and forty five and - on the said Deed Poll of the fourth day of November One thousand eight hundred and forty four and also under the hands and seals of the said Arthur Cuthbert Marsh and Anne Marsh and attested by two witnesses they the said Arthur Cuthbert Marsh and Anne Marsh did pursuant to and in exercise and execution of the power or authority to them the said Arthur Cuthbert Marsh

 

File 78

 

To All to whom these Presents shall come the within named Leopold George Heath and Mary Emma Heath send Greeting Whereas the marriage referred to on the within written Indenture was duly solemnized between the said Leopold George Heath and Mary Emma Heath his wife ANDWHEREAS Cuthbert Eden Heath is a child of the said marriage AND WHEREAS the said Cuthbert Eden Heath has now attained the age of twenty one Now these presents Witness that in exercise of he power of that intent given them by the within written Indenture they the said Leopold George Heath and Mary Emma Heath do hereby irrevocably appoint that six thousand pounds being part of the within mentioned trust fund shall on the execution of these presents belong to and be absolutely vested in the said Cuthbert Eden Heath his executors administrators and assigns In Witness whereof the said Leopold George Heat and Mary Emma Heath have hereunto set their hands and seals the First day of May One thousand eight hundred and eighty.

 

Signed sealed and delivered by the said Leopold George Heath and Mary Emma Heath the presence of Henry Dodman 

Butler

Anstie Grange

Holmwood

 

To  all to whom these Presents shall come the within named Leopold George Heath and Mary Emma Heath his wife send Greeting Whereas by a deed pool duly executed according to the within written provisions in that behalf of even date herewith but executed prior hereto and uindorsed on the within written Indenture They the said Leopold George Heath and Mary Emma Heath have duly and irrevocably appointed the sum of Six Thousand Pounds part of the within mentioned trust fund to Cuthbert Eden Heath as in the said deed mentioned Now these Present Witness that they the said Leopold George Heath and Mary Emma Heath in exercise of the power to that intent given them by the within written Indenture do hereby desire that the said sum of Six Thousand Pounds shall be forthwith transferred into the name of the said Cuthbert Eden Heath In Witness whereof the said Leopold George Heath and Mary Emma Heath have hereunto set their hands and seals the First day of May One thousand eight hundred and eighty.

 

Signed sealed and delivered by the said Leopold George Heath and Mary Emma Marsh in the presence of Henry Dodman  

Butler 

Anstie Grange

Holmwood. 

 

Memorandum. Sold to raise the sum of Six thousand Pounds advanced to Cuthbert Eden Heath one of the children of the above named Leopold George Heath and Mary Emma Heath his wife in pursuance of the two deeds both dated the First of May One thousand eight hundred and eighty indorsed on the within written Indenture. The several sums of Two hundred and eighteen Pounds London Brighton and South Coast Railway five pounds per cent Preference Stock Five (eight crossed out) hundred Pounds Midland Railway Ordinary Stock one thousand eight hundred and fifteen Pounds London and South Western Railway Ordinary Stock one thousand and ninety one Pounds London Brighton and South Coast Railway Ordinary Stock One thousand Pounds London Chatham and Dover Railway arbitration Preference Stock part of the funds the subject of the within written Indenture

D.D.Heath

Richard Crofton

L.G. Heath 

Mary E. Heath

 

Received ?6000 (six thousand pds) Cuthbert E. Heath 

 

To all to whom these presents shall come the within named Leopold George Heath and Mary Emma Heath send Greeting Whereas the marriage referred to in the within written Indenture was duly solemnized between the said Leopold George Heath and Mary Emma Heath his wife AND WHEREAS Marion Emma Heath is a child of the said marriage AND WHEREAS the said Marion Emma Heath has not attained the age of twenty one year NOW these Presents WITNESS that in exercise of the power to that intent given them by the within written Indenture they the said Leopold George Heath and Mary Emma Heath do hereby irrevocably appoint that One thousand pounds being part of the within mentioned trust fund shall on the execution of the presents subject to the life interest of the said Leopold George Heath and Mary Emma Heath respectively belong to and be absolutely vested in the said Marion Emma Heath her executors administrators and assigns IN WITNESS whereof the said Leopold George Heath and Mary Emma Heath have hereunto set their hands and seals the twentieth day of June One thousand eight hundred and eighty one.

Signed sealed and delivered by the said Leopold George Heath and Mary Emma Heath in the presence of 

Emily Margaret Baxter

Ieasses

Fargo

Fife

 

File 82

 

AND as to the said Copyhold hereditaments according to the Custom of the Manor of which the same were parcel but after the solemnization of the marriage then intended between the said Arthur Cuthbert Marsh and Anne Marsh Upon Trust to pay the rents issues and profits of the said hereditaments from time to time when and as the same should become due and payable and actually received unto the said Anne Marsh for and during the Term of her natural life to and for her own sole and separate use and benefit which rents issues and profits it was declared should not be subject or liable to the debts engagements control or intermeddling of the said Arthur Cuthbert Marsh And that the receipt and receipts of the said Anne Marsh should from time to time notwithstanding her coverture be a good and sufficient discharge and good and sufficient discharges for the same And from and after the decease of the said Anne Marsh in case the said Arthur Cuthbert Marsh should survive her Upon Trust to pay to or otherwise permit and suffer the said Arthur Cuthbert Marsh and his assigns to receive and take the rents issues and profits of the said hereditaments for and during the term of his natural life to and for his and their own proper use and benefit And from and after the decease of the survivor of them the said Arthur Cuthbert Marsh and Anne Marsh then Upon Trust to transfer convey and surrender the same hereditaments unto between and amongst all and every or any one or more Child or Children or an only Child of the said then intended marriage at such time or times so as such time or  times did not take place before such Child or Children being a son or sons should attain the age of Twenty one years or being a Daughter or Daughters should attain that Age or be married with such consent as therein made requisite and in such parts shares and proportions and in such sort and manner as the said Arthur Cuthbert Marsh and Anne Marsh at any time or times by any Deed or Deeds writing or writings to be by them the said Arthur Cuthbert Marsh and Anne Marsh signed sealed and delivered in the presence and attested by two or more credible witnesses should jointly direct limit or appoint And in default of such joint direction limitation or appointment as the survivor of them the said Arthur Cuthbert Marsh and Anne Marsh at any time or times after the decease of either of them first dying by any Deed or Deeds writing or writings to be by him or her so surviving signed sealed and delivered in the presence of and to be attested by two or more credible witnesses, (added in small print - or by his or her - and testament in any intent in writing thereto to be by him or her as surviving signed and published in the presence of two witnesses ----) should direct limit or  appoint And in default of such direction limitation or appointment Upon Trust to transfer convey and surrender the same hereditaments unto between and amongst all and every the Child or Children of the said then intended marriage equally to be divided between and amongst them if more than one share and share alike for their portions and if there should be but one such Child then to such one Child for his or her portion and as between the parties entitled under and for the purposes of the said settlement it was thereby declared that the said several freehold and copyhold hereditaments should be considered as personal estate And in the Indenture now in recital are contained Trusts or provision making the share of every son of the said then intended marriage in default of appointment a vested and transmissible interest in and through him upon his attaining the age of Twenty one years and the Share of every Daughter of such marriage in default of  appointment a vested and transmissible interest in and through her upon her attaining that age or previously marrying with such consent  as therein mentioned And also cross executions Trusts between or among the Children of the said Marriage as to the share or shares as well accruing as original of any of they Children of the Marriage who should die before he she or they acquired a vested and transmissible interest in his her or their share or shares And in case there should not be any Child of the said Marriage or there being such Child or Children if all and every of them being a Daughter or Daughters should die under the age of Twenty one years not having been married as therein mentioned or being a Son or Sons should die under the age of Twenty one years then Upon the Trusts therein expressed in favour or for the benefit of the said Arthur Cuthbert Marsh and his heirs And by the Indenture now in recital similar Trusts were declared concerning the sums of Two Thousand pounds and Five thousand pounds the fortune of the said Anne Marsh provided by her Father as therein mentioned except that the said Anne Marsh was restrained from anticipating her Life Income therein during the coverture between her and the said Arthur Cuthbert Marsh and that the ultimate Trust in the failure of Issue of their Marriage becoming intitled to an absolute interest was not in favour of the said Arthur Cuthbert Marsh but of the other persons and in the manner therein mentioned AND WHEREAS the Marriage contemplated at the date of the said Indenture of the Twenty eighth day of July One thousand eight hundred and seventeen was shortly afterwards duly solemnized between the said Arthur Cuthbert Marsh and Anne Marsh and there was issue of the said marriage being at the date of the Deed Poll of the Fourth day of November One thousand eight hundred and forty four hereinafter recited seven children and no more namely Eliza Louisa Marsh who was born on or about the eighth day of June One thousand eight hundred and eighteen, Frances Mary (now the wife of Richard Henry Crofton Esquire) who was born on or about the thirteenth day of October One thousand eight hundred and nineteen, Georgina Amelia Marsh who was born on or about the Twentieth day of November One thousand eight hundred and twenty, Rosamond Jane Marsh who was born on or about

 

File 87

 

This Indenture made the second day of May One thousand eight hundred and sixty two Between the within named Leopold George Heath and Mary Emma Heath now his wife in the within written Indenture called Mary Emma Marsh Spinster of the first part the within named Douglas Denon Heath, William Godfrey Whatman the Reverend Edward Henry Loring and Frances James Roscoe of the second part and Richard Henry Crofton of Devonport in the County of  Devon a Lieutenant Colonel in Her Majesty's Royal Artillery of the third part WHEREAS soon after the execution of the within written Indenture a marriage was duly had and solemnized between the said Leopold George Heath and Mary Emma his wife AND WHEREAS since the solemnization of the said Marriage the within mentioned sum of Five thousand Pounds by the firstly within recited Indenture covenanted to be paid by the said Leopold George Heath to the parties hereto of the second part - has been fully paid and satisfied and the sum of One thousand four hundred and two Pounds seventeen shillings and six pence part thereof has been with the consent of the said Leopold George Heath and Mary Emma his Wife and on pursuance of the power on that behalf contained in the within written Indenture laid out and verified by the said parties hereto of he second part in the purchase of a certain freehold Messuage or Tenement farm lands and hereditaments being part of Trouts Farm and lands adjoining thereto located in the Parishes of Capel and Ockley in the County of Surrey which have been conveyed to them by a certain Indenture dated the twenty eighth day of March One thousand eight hundred and fifty seven AND the sum of three thousand five hundred and ninety seven Pounds two shillings and six pence residue of the said sum of five thousand Pounds subject to the deduction thereout of the costs and expenses of the said investment and incidental thereto has been with such consent as aforesaid laid out and invested by the said parties hereto of the second part with other trust monies in the several securities hereinbefore mentioned AND WHEREAS since the said  Marriage and in pursuance of the provisions of the within written Indenture the sum of four hundred and thirty seven Pounds two shillings being the proceeds of a legacy of five hundred Pounds three pounds per cent consolidated Bank Annuities bequeathed to the said Mary Emma heath by the Will of Jane Morrison deceased less the legacy duty payable thereon has been paid to the said parties hereto of the second part AND WHEREAS since the execution of the within written Indenture two sums of eight hundred and twenty five Pounds making together One thousand six hundred and fifty Pounds have been by the direction of the within named Anne Marsh now Anne Marsh Caldwell paid to the said  parties hereto of the second part in anticipation of a portion of the fourth part of share of and in the trust funds appointed by her to the said Mary Emma Heath under the within recited Deed Poll of the nineteenth day of November One thousand eight hundred and fifty three AND WHEREAS two further sums of three hundred and fifty three Pounds four shillings and ninepence and four hundred and sixteen Pounds making together seven hundred and sixty nine pounds four shillings and nine pence being respectively portions of the residuary estate bequeathed by the Will of the late  - - Stamford and in which the said Mary Emma Heath is interested have been also paid to the said  parties - of the second part upon the trusts in the within written Indenture relating to the monies of the within named Mary Emma Heath AND WHEREAS the within mentioned sum of six hundred Pounds London and Brighton Railway Stock and the within mentioned sixteen Preference Shares to which have been added twenty one Shares making in all thirty seven shares of twenty five Pounds each of the Copper Miners of England Company accumulated in the like stock and shares hereafter mentioned AND WHEREAS the said several sums of three thousand five hundred and ninety seven Pounds two shillings and six pence less all costs and expenses as aforesaid four hundred and thirty seven Pounds two shillings one thousand six hundred and fifty Pounds seven hundred and sixty nine Pounds four shillings and nine pence have been from time to time by virtue of the power in that behalf contained in the within written Indenture and with the consent of the said parties hereto of the first part laid out and invested by the said parties hereto of the second part in the joint names in the in the purchase of the following stocks funds and securities namely twenty one Preference Shares of twenty five Pounds each in the Copper Miners of England Company which together with the sixteen like shares within mentioned make up in all thirty seven shares three hundred Pounds Great Western Railway Bond three thousand five hundred and sixty Pounds Great Eastern Railway Stock Six hundred Pounds South Western Railway Stock eight hundred Pounds London and Brighton Railway Stock co - with the six hundred Pounds like stock within mentioned make One thousand four hundred Pounds like stock One hundred and ten Pounds Brighton Railway Preference (insert - four and a half per cent um) stock four hundred Pounds Scottish Central Railway Stock and One thousand and twenty four Pounds Preference shares in the London Chatham And Dover Railway Company AND WHEREAS by virtue of the power of converting and changing the Securities contained in the within written Indenture of the said parties hereto of the second part have previously by to the execution of these presents at the request and with the consent of the said parties hereto of the first part sold the said One thousand and twenty five Pounds Preference Shares in the London Chatham and Dover Railway Company and the proceeds thereof - to the sum of Nine hundred and fifty eight pounds and thirteen shillings and -- and the said parties hereto of the second part with such consent as aforesaid have thereout paid the costs of and incidental to these presents and the residue thereof amounting to Nine hundred and forty four pounds it is proposed to invest ten London and South Western Railway Stock and the said parties hereto of the first part have by this Indenture in writing under their respective hands consented to and approved of such investment and they also consent to and approve of the several investments so made upon the above mentioned Securities AND WHEREAS the said Frances James Roscoe is about to leave England and to take up his permanent residence at (blank) and he is therefore desirous of being discharged from the Trusts reposed in him by the within written Indenture and the said Leopold George Heath and Mary Emma his wife are desirous of appointing the said Richard Henry Crofton to be a Trustee in the room of the said Frances James Roscoe and accordingly the said Messuage or Tenement farm lands and hereditaments so purchased by the said parties hereto of the second part as aforesaid have been by an Indenture bearing even date with these presents duly conveyed and assured unto and are now vested in the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Richard Henry Crofton their heirs and assigns UPON the Trust of the within written Indenture and all the above mentioned securities except the One thousand and twenty five Pounds Preference Shares in the London Chatham and Dover Railway Company so sold as aforesaid and have been transferred into the joint names of the said Douglas Denon Heath - Godfrey Whatman Edward Henry Loring  and Richard Henry Crofton they do hereby respectively admit and acknowledge and allow the said  sum of Nine hundred and forty four pounds residue of the proceeds of the sale of the said last mentioned shares has been paid to the said last mentioned parties as the do hereby also admit and acknowledge NOW THIS INDENTURE WITNESSED that the said Leopold George Heath and Mary Emma his wife by virtue and in exercise and execution of the power or authority to them for this purpose given or reserved and by the within written Indenture and of all other powers and authorities enabling them on this behalf do and each of them doth by this present Deed which is intended to be legally executed and by them nominate and appoint the said Richard Henry Crofton to be a Trustee in the room of the said France James Roscoe for the  purpose mentioned in the within written Indenture AND IT IS HEREBY agreed and declared between and by the parties of these presents that the said Douglas Denon Heath William Godfrey Whatman Edward Henry Loring and Richard Henry Crofton their heirs executors administrators and assigns shall stand and be seized of and be interested in the said freehold messuages or Tenement farm lands and hereditaments so conveyed to them as aforesaid and also of the said several thirty seven Preference Shares of Copper Miners of England Company three hundred Pounds Great Western Railway Bonds three thousand five hundred and sixty Pounds South Eastern Railway Stock six hundred Pounds South Western Railway Stock one thousand four hundred Pounds Brighton Railway Stock one hundred and ten pounds Brighton Railway Preference Stock and four hundred Pounds Scottish Central Railway Stock as hereinbefore mentioned and the Interest dividends and annual produce thereof respectively and also of the said sum of Nine hundred and forty four pounds sterling and the securities in which the same sum is intended to be invested as aforesaid and the Interest and annual income thereof upon the trusts and for - intents and purposes and with under and subject to the preview provisoes agreements and declarations upon for with under and subject to which the said several hereditaments an promises stocks funds securities monies interest dividends and annual proceeds are or ought to be held under or by virture of the said within written Indenture AND THIS INDENTURE also witnesseth that in consideration of the premises they the said Leopold George Heath and Mary Emma his wife do and each of them doth hereby promise release and for ever discharge the said Francis James Roscoe his heirs executors and administrators and his and their lands and tenements goods and chattels whatsoever and whatsoever of and from all and singular the Trusts in the within written Indenture of Settlement expressed of and concerning the  monies funds and securities thereby settled and every or any such trusts and of and from all actions suits accounts reckonings damages expenses claims and demands whatever in respect or in account of the same trusts or any matter or thing connected therewith or on anywise relating - and  occurring either previously or subsequently to the - of these presents IN WITHNESS whereof the said parties to these presents have hereunto set their hands and  seals this day and year first above written.

 

Signed sealed and delivered by the above named Mary E. Heath and Leopold G. Heath in the presence of 

J. B. Fagel

Servant 

Anstie Grange

Holmwood

 

Signed sealed and delivered by the above named Edward Henry Loring in the presence of 

Ann Dickinson'

Servant

Gillingham Rectory

Beccles.

 

Signed sealed and delivered by the above named Francis James Roscoe within the presence of 

John Hutton 

Beaumaris

Civil Engineer

 

Signed sealed and delivered by the above named Richard Crofton in the presence of Henry Sheild

Agent

Sandbach

Whellock

 

File 92

 

On January 13th 1893 I in conjunction with the late Lady Heath appointed the then residue of our marriage settlement fund in equal portions to our sons F.C.Heath H.L.Heath and G.M.Heath.

Lady Heath having died on December 20th 1902 I now by virtue of the authority given me in my marriage settlement hereby appoint to the same 3 sons ver F.C. Heath, H.L. Heath and G.M. Heath in equal portions the 200 of 1st preference stock in the London Chatham and Dover Railway Company and the 700 ordinary stock of the Great Western Railway Company recently added to the fund together with the residue of any of the fund after payment of the charges upon it.

Signed sealed and delivered by Admiral Sir Leopold George Heath K.C.B. in our presence this 7th of January 1905

Jane Mason - Spinster

Anstie Grange

Holmwood 

 

Edwin Burl - Butler.

Anstie Grange

Holmwood

Surrey

 

File 94

 

Sir 

I herewith return original Settlement dated 20th November 1853

 

File 95

 

Reg H.J. 1902. Fo.1781

Deceased Lady Mary Emma Heath

A note of the following instrument:-

Original Settlement dated 20th November 1853

Has been made in the books of this Office under the above heading 

Should a request for the transmission of the instrument be made hereafter, be good enough to reply by quoting the above heading, and do not in the first instance send the instrument.

Estate Duty Office.

Somerset House,

London, W.C.

18th January, 1905

No. 0256

 

File 97

 

 

This Indenture made the Twentieth day of November One thousand eight hundred and fifty three BETWEEN Leopold George Heath Esquire a Commander in Her Majesty's Navy now in Command of Her Majesty's Steam Sloop Niger of the first part Mary Emma Marsh of Eastbury in the County of Hertford Spinster of the second part and  Douglas Denon Heath of Kitlands in the County of Surrey Esquire William Godfrey Whatman of Lombard Street in the City of London Esquire The Reverend Edward Henry Loring of  Cobham Vicarage in the said County of Surrey Clerk and Francis James Roscoe of Richmond in the said County of Surrey Esquire of the third part WHEREAS a Marriage has been agreed upon and is intended to be forthwith solemnized between the said Leopold George Heath and Mary Emma Marsh and such marriage is intended to be solemnised at Malta AND WHEREAS in performance of an Agreement in this behalf made on the treaty for the said intended marriage the said Leopold George Heath with the privity and approbation of the said Mary Emma Marsh testified by her execution hereof has transferred the sum of six hundred Pounds London and Brighton Railway Stock and Sixteen Preference Shares of Twenty Five Pounds each of The Copper Miners of England Company unto or into the Names of the of the said Douglas Denon Heath, William Godfrey Whatman, Edward Henry Loring and Francis James Roscoe And by an Indenture bearing even date withy these presents and made between the said Leopold George Heath of the first part and the said Mary Emma Marsh of the second part The Reverend John Moore Heath of Enfield in the County of Middlesex Clerk of the third part the said Douglas Denon Heath of the fourth part and the said Douglas Denon Heath William Godfrey Whatman, Edward Henry Loring and Francis James Roscoe of the fifth party The said Leopold George Heath has covenanted with the said Douglas Denon Heath, William Godfrey Whatman, Edward Henry Loring and Francis James Roscoe that in case the said interested marriage should be duly solemnized he the said Leopold George Heath his heir executors or administrators would pay or cause to be paid unto the said Douglas Denon Heath, William Godfrey Whatman, Edward Henry Loring and Francis James Roscoe or the survivors or survivor of them his executors or administrators or other the Trustees or Trustee for the time being of such Indenture the sum of Five thousand pounds of lawful money of the United Kingdom by equal biennial Instalments of One thousand pounds each the first of such Instalments to be paid at the expiration of Two years from the solemnization of the said intended marriage or if the said Leopold George Heath should die before the time at which the last of such instalments should become due then the heirs executors or administrators of the said Leopold George Heath would at or before the expiration of Six Calendar Months from his decease pay cause to be paid unto the said Douglas Denon Heath, William Godfrey Whatman, Edward Henry Loring and Francis James Roscoe or the survivors or survivor of them his executors or administrators or other the trustees or trustee for the time being of the said Indenture so much of the said sum of Five thousand pounds as should remain unpaid at the time of his decease with Interest for the same after the rate of Four pounds per Centum per Annum computed from his decease but notwithstanding anything therein contained to the contrary the said Leopold George Heath should be at liberty at any time or times after the solemnization of the said intended Marriage to pay off or discharge the said sum of Five thousand pounds or any part thereof in anticipation in proper chronological order of all or any one or more of the said Instalments provided that at no one time less than Five hundred pounds be paid while that amount should remain unpaid or after such sum of Five thousand pounds should have been reduced to or below that amount less than the whole principal sum remaining unpaid and provided that no such payment in anticipation should accelerate the period at which any portion of the said sum of Five thousand pounds which might thenceforth remain to be paid would otherwise become payable and the payment of such sum of Five thousand pounds is further secured as in the Indenture now in recital is expressed And it was by the Indenture now in recital declared that the said Douglas Denon Heath, William Godfrey Whatman, Edward Henry Loring and Francis James Roscoe and the survivors and survivor of them his executors or administrators and other the Trustees or Trustee for the time being of the said Indenture should stand possessed of the said sum of Five thousand pounds and the Interest thereof Upon and for such Trusts intents and purposes and under and subject to such power provisoes declarations and agreements as were or should be expressed and declared of and concerning the same in and by an Indenture therein expressed to be  then ///already prepared and engrossed and intended to bear even date therewith and to be made between the said Leopold George Heath of the first part and the said Mary Emma Marsh of the second part and the said Douglas Denon Heath, William Godfrey Whatman, Edward Henry Loring and Francis James Roscoe of the third part thereby meaning this present Indenture AND WHEREAS by an Indenture bearing date Twenty eighth day of July One thousand eight hundred and seventeen and expressed to be made between James Caldwell Esquire of the first part William Marsh Esquire of the second part Arthur Cuthbert Marsh Esquire of the third part Anne afterwards wife and now the Widow of the said Arthur Cuthbert Marsh then Anne Caldwell Spinster of the fourth party and Josiah Wedgwood Esquire and George Edward Graham Esquire of the fifth part (being the Settlement executed previously to and in contemplation of the Marriage between the said Arthur Cuthbert Marsh and Anne Marsh) certain freehold and copyhold hereditaments situated at the Hyde in the parishes of Hendon and  Kingsbury in the County of Middlesex were by the said Arthur Cuthbert Marsh conveyed and covenanted to be surrendered respectively (but subject to a Mortgage to James Rivington Wheeler Esquire for securing the transfer of the sum of Twenty five thousand pounds Three pounds per cent consolidated Bank Annuities and the payment of sums of equivalent to the dividends thereon in the mean time until such transfer should be made nevertheless indemnified against such Mortgage as mentioned in the Indenture now in recital) unto and to the use of the said Josiah Wedgwood and George Edward Graham their heirs and assigns as to the said freehold hereditaments absolutely.

 

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