Maxwell-Gumbleton papers: Title of Maxwell Homfray Maxwell-Gumbleton to the Twyning Manor Estate

1920
Abstract of title of the Right Reverend Maxwell Homfray Maxwell-Gumbleton D.D. Lord Bishop of Ballarat to the Twyning Manor Estate situate in the County of Gloucester.

1882 May 23rd

By the will of this date Richard John Maxwell-Gumbleton of Glanatore in the County of Cork Esquire after appointing James Stuart des Barres of Glanatore aforesaid Major in Her Majesty's West Indian Regiment and Augustus Henry John des Barres of Glanatore aforesaid Captain of the Royal Horse Artillery (therinafter called "his Trustees") to be Trustees of his said will and after making various bequests of personal property and devises and bequests of freehold and leasehold messuages situate in Ireland gave and devised his

Capital messuage or mansion house called Twyning Manor House and his manor of Twyning messuages lands tenements and hereditaments situate in the County of Gloucester or elsewhere in England or Wales

To the use of his wife Isabella Matilda Gumbleton during her life for her sole and separate use and after her decease

To the use of the first and other sons successively of Emma Jane Smith deceased (therein described as his late niece and late the wife of Edward Thomas Smith District Judge of Jamaica) according to seniority in tail male with remainder

To the use of the eldest and other daughters successively of the said Emma Jane Smith in tail with remainder

To the use of his own right heirs for ever

And the testator declared that every descendant of the said Emma Jane Smith deceased who should become entitled under his said will to the hereditaments thereinbefore devised as tenant for life or tenant in tail in possession and who should not then bear the surname and arms of Maxwell-Gumbleton should within 12 calendar months after he or she should have become so entitled in possession as aforesaid or if he or she should be under the age of 21 years then within 12 calendar months after he or she should have attained that age assume the surname and arms of Maxwell-Gumbleton and apply for and endeavour to obtain a Royal Licence or other proper authority for that purpose with limitations over in case of non-compliance with the aforesaid directions

The testator appointed his said wife Isabella Matilda Gumbleton and the said J.S des Barres and A.H.J. des Barres Executrix and Executors of his said will and thereby revoked all former wills and testamentary dispositions made by him

Signed by the said R.J.M. Gumbleton and duly attested

1889 September 20th

The said R.J.M Gumbleton died on this date

1890 January 21st

Will proved in the Principal Probate Registry by the Executrix and Executors therein named

1872 June 17th

Maxwell Homfray Smith born on this date the first child of the marriage of the said Emma Jane Smith and Edward Thomas Smith formerly District Judge of Jamaica

1897 April 19th

By indenture of this date made between the said Reverend Maxwell Homfray Smith then of Pucklechurch in the County of Gloucester Clerk in Holy Orders of the one part and Freville Gurney Christopher then of 33 Cornhill in the City of London Solicitor of the other part

After reciting the above abstracted will of the said R.J.M Gumbleton his death and proof of will And stating that the said Maxwell Homfray Smith was the eldest son of the said Emma Jane Smith in the said Will mentioned And stating that Maxwell Homfray Smith was desirous of barring the entail of the said hereditaments and of all other (if any) hereditaments situate or arising in the County of Gloucester of or to which the said Maxwell Homfray Smith was seized or entitled in remainder for an estate in tail male under the said will and of converting the same into a Base Fee It was witnessed that the said Maxwell Homfray Smith did by that Deed intended to be enrolled in the Central Office of the Supreme Court of Judicature pursuant to the statute in that behalf grant unto the said Freville Gurney Christopher

All and singular the capital messuage or Mansion House called Twyning Manor House and the Manor of Twynng and all other messuages tenements and hereditaments situate or arising in the County of Gloucester of or to which the said Maxwell Homfray Smith was seized or entitled in remainder for an estate in tail male under the said will all which hereditaments were more particularly described in the schedule thereto

To hold the same (subject to the estate for life of the said Isabella Matilda Gumbleton therein) unto the same Freville Gurney Christopher and his heirs

To the use of the said Maxwell Homfray Smith his heirs and assigns freed and discharged from the estate in tail male of the said Maxwell Homfray Smith

The schedule above referred to

Farms	Tenants	Acreage			Yearly rent
Churchland Farm	Hewlett	167	1	5	343	7	-
Freemans Court Farm	F. Green	106	1	19	200	-	-
Brockeridge Farm	J.W. Weaver	107	2	20	200	-	-
Churchland Farm	Hewlett	167	1	5	343	7	-
Manor House and Ground		12	-	-	250	-	-
House and Land	W.E. Tustin	17	-	-	70	-	-
Land	Francis Darke	6	-	-	18	-	-
Orchard	Ditto	2	-	-	4	-	-
Twenty nine cottages	Various	-	-	-	177	12	-
Chief rents (yearly)	Craddock	-	-	-	-	2	6
	Berwick	-	-	-	-	5	-
	Cox	-	-	-	-	-	6
	Cartridge	-	-	-	1	4	6
	Thomas	-	-	-	-	5	-
Rent of fishery	E.C. Green	-	-	-	2	-	-
					£1,266	16	6

Executed by the said Maxwell H. Smith and attested by two witnesses

1887 April 21st

Last Abstracted Indenture was duly enrolled in the Central Office of the Supreme Court of Judicature Pursuant to the Act of Parliament 3rd and 4th William 4th Cap. 74

1916 Jue 23rd

By Deed Poll was enrolled in the Central Office of the Supreme Court of Judicature

1916 November 10th

By Deed Poll under his hand and seal the said Maxwell Homfray Maxwell-Gumbleton then of the Vicarage Chippenham in the County of Wilts Clerk in Holy Orders Doctor of Divinity and Bishop-Designate of the Diocese of Ballarat in Australia

After stating that he was about to proceed to ballarat where he intended to reside for a period of years and was desirous of appointing the said Freville Gurney Chrisopher then of 5 Argyll Place in the City of Westminster Solicitor (thereinafter called "his Attorney") his Attorney to act for him in his affairs during his absence the said Maxwell Homfray Maxwell- Gumbleton thereby appointed his Attorney his true and lawful Attorney to act in conduct and manage all his affairs in the United Kingdom of Great Britain and Ireland during his absence in all respects and in the same manner as he himself could do if personally present and for the following purposes he thereby conferred upon his Attorney the following powers and authorities (inter alia)

(8) To do and execute all disentailing or other assurances and deeds necessary to enlarge the Base Fee so created as aforesaid into an estate in fee simple as soon as might be after the death of the said Isabella Matilda Gumbleton

(21) For him and in his name to borrow any sum of money on such terms and with or without security as he might think fit for any of the purposes of reciting Deed Poll

(22) For all and any of the purposes of abstracting presents to enter into sign seal execute and perfect and as his act and deed to deliver any contract instrument deed surrender or assurance whatsoever

(25) In general to do all other acts deeds matters and things whatsoever in or about the estates properties or affairs or concur with persons jointly interested with himself therein in doing all acts deeds matters and things therein either particularly or generally described as amply and effectually to all intents and purposes as he himself could do in his own proper person if abstracting presents had not been made

(27) The said Maxwell Homfray Maxwell-Gumbleton thereby ratified and confirmed and promised at all times to allow ratify and confirm all and whatsoever his attorney should lawfully do or cause to be done on and about the premises aforesaid by virtue thereof including anything which should be done between the revocation of the said abstracing Deed Poll by his death or in any other manner and notice of such revocation reaching his Attorney and he thereby agreed that as against him and persons claiming under him everything which his Attorney should do or cause to be done in pursuance of abstracting presents after such revocation as aforesaid should be valid and effectual in favour of any person claiming the benefit thereof who before the doing thereof should not have had express notice of such revocation

Executed by the said Maxwell Homfray Maxwell-Gumbleton and attested by two witnesses.

1917 March 6th

Said Power of Attorney was duly enrolled in the Central Office of His Majesty's High Court of Justice

1916 December 11th

By Royal Licence and Authority of this date duly recorder in the College of Arms London pursuant to a Warrant from the Earl Marshal of England permission was granted to the said Maxwell Homfray Smith to take and henceforth use the surname of Maxwell-Gumbleton in lieu of and in substitution for the surname of Smith that he might bear the Arms of Maxwell-Gumbleton and that such surname and Arms might in like manner be taken borne and used by his issue

1917 February 24th

Isabella Matilda Gumbleton died

1917 March 8th

By indenture made between the Right Reverend Maxwell Homfray Maxwell-Gumbleton D.D., Lord Bishop of Ballarat of Bishopscourt Ballarat in Australia (endorsed upon above abstracted indenture of 19 April 1897) being the within named Maxwell Homfray Smith of the one part and the within named Freville Gurney Christopher of the other part

After reciting above abstracted Deed Poll of 23rd June 1916

And reciting above abstracted Power of Attorney

And reciting above abstracted Royal Licence

And stating that said Maxwell Homfray Maxwell-Gumbleton was consecrated Bishop of Ballarat on 1st January 1917

And stating that the said I. Matilda Gumbleton died on 24th day of February 1917

And stating that the said Maxwell Homfray Maxwell-Gumbleton was desirous of enlarging into an estate in fee simple absolute the Base Fee into which his estate was by the within written Indenture converted

It was witnessed that the said Maxwell Homfray Maxwell-Gumbleton thereby conveyed and confirmed unto the said Freville Gurney Christopher

All and singular the capital messuage or Mansion House called Twyning Manor House and the Manor of Twyning and all other messuages farms lands and hereditaments and real estate situate or arising in the County of Gloucester and comprised in the within written indenture

To hold the same unto the said Freville Gurney Christopher and his heirs To the use of the said Maxwell Homfray Maxwell-Gumbleton in fee simple freed and discharged from all remainders reversions estates rights interests and powers to take effect after the deermination or in defeasance of the said Base Fee and so as to enlarge such Base Fee into a simple fee absolute

Executed by the said Freville G. Christopher as Attorney for the said Maxwell Homfray Maxwell-Gumbleton and attested by two witnesses

1917 March 9th

The said last abstracted Deed Poll was enrolled in the Central Office of the Supreme Court of Judicature pursuant to the Act of Parliament 3rd and 4th William IV. Cap.74

[Note: The Act of Parliament 3rd and 4th William IV. Cap.74 is the 1833 Fines and Recoveries Act. It abolished the two species of property conveyance known as fines of lands (or final concords) and common recoveries. It included the power to dispose of lands entailed, in fee simple or for a less estate, saving the rights of certain persons.]

17 August 1917

By indenture of this date made between the said Maxwell Homfray Maxwell-Gumbleton (thereinafter called "the Mortgagor") of the one part and the Standard Life Assurance Company (incorporated whose principal office was at 3 George Street in the City of Edinburgh (thereinafter called ("the Company") of the other part

After reciting that now abstracting Indenture was Supplemental to an Indenture of Mortgage (thereinafter called "the Mortgage") dated the 20th day of September 1913 and expressed to be made between the Mortgagor (by then his name and description of the Reverend Maxwell Homfray Smith) of the one part and the Company of the other part and being a Mortgage for securing payment to the Company of the sum of £1,000 with interest thereon at the rate of £5.10.0 per cent per annum (reducible as therein mentioned) of (first) the several sums of Guaranteed Land Stock Consolidated Irish Stock £3 per cent Guaranteed Stock Three per cent Matured Guaranteed Land Stock as therein mentioned and (secondly) two Policies of Assurance as therein mentioned but subject as to the said first described premises to the interest therein of the said Isabella Matilda Gumbleton for her life as therein mentioned and also to all estates or interests (if any) then subsisting or capable of taking effect in the said premises or any of them after the determination or in defeasance of any estate in tail male or quasi in tail male or other estate in tail or quasi in tail of the Mortgagor which at the date of an Indenture of the 23rd day of August 1912 therein referred to (being a Disentailing Assurance executed by the Mortgagor without the concurrence of the said Isabella Matilda Gumbleton) was subsisting in the same premises or in any messuage tenements lands or hereditaments which or the proceeds of sale whereof were then represented by the same

And reciting that now abstracting Indenture was also Supplemental to an Indenture (thereinafter called "the Further Charge") dated the 12th day of October 1916 and expresses to be made between the Mortgagor of the one part and the Company of the other part whereby all the said premises comprised in the Mortgage were charged with the payment to the Company of the further sum of £1,000 with interest thereon at the rate of £6 per centum per annum (reducible as therein mentioned) and a Policy of Assurance on the life of the Mortagor therein mentioned was also mortgaged to the Company as further security for the said respective sums of £1,000 and £1,000 and the interest thereon respectively

And reciting death of the said Isabella Matilda Gumbleton

And reciting inter alia that the Mortgagor was seized of the hereditaments thereinafter described and thereby granted for an estate of inheritance in fee simple in possession free from incumbrances

And reciting that the Mortgagor had effected with the cCompany and was entitled to the Policy of Assurance on his own life thereinafter described

And reciting that the respective principal sums of £1,000 and £1,000 still remained owing to the Company on the security of the Mortgage and the further charge but all interest for the same respectively had been paid up to the day of those presents

And reciting that the Company at the request of the Mortgagor had agreed to lend to him the further sum of £1,700 upon the terms therein set forth

It was witnessed that in pursuance of the said agreement and in consideration of the respecive sums of £1,000 and £1,000 then owing by the Mortgagor to the Company on the security of the Mortgage and the Further Charge and also in consideration of the further sum of £1,700 then paid by the Company to the Mortgagor (the receipt etc) The Mortgagor covenanted to repay all the monies advanced by the Company by the 17th day of February 1918 together with interest thereon at the rates therein mentioned

And it was also witnessed inter alia that in further pursuance of the said agreements and for the consideration aforesaid the Mortgagor as beneficial owner thereby granted unto the Company and its assigns

All that the Manor or Lordship of Twyning in the County of Gloucester with the rights members and appurtenances belonging thereto and also

All that capital messuage or Mansion House called Twyning Manor House and all other messuages farms land tenements and hereditaments situate or arising in the County of Gloucester and known as Twyning Manor Estate All which said messuages and premises are more particularly described in the Schedule hereunder written but such Schedule is intended and shall be taken as assisting and explaining the description hereinbefore contained and not as in any way governing controlling restreicting or enlarging the same in the event of any variance or discrepancy between the said schedule and the said description

To hold all the said hereditaments and premises thereby granted unto the use of the Company and its assigns subject to the proviso for redemption thereinafter contained

Usual proviso for redemption and Mortgagor covenants and provisos

The schedule above referred to

Description of property	Name of tenant	Acreage A.r.p			Yearly rent £.s.d
Church End Farm	F.J. Partington	167	1	5	343	17	0
Freeman's Court Farm	Thomas Yeates	106	1	19	190	0	0
Brokeridge Farm	S.H. Vallender	107	2	20	208	0	0
Box Bush Cottage and land	Mrs Weaving				38	0	0
Manor House Lodge Grounds and Woods	In hand (estimated)	13	0	0	250	0	0
Cottage and land	Robert Flowers				20	0	0
Ditto	J. Ball				13	0	0
Ditto	A.G.T Davis & S.W. Davis				21	15	0
Ditto	T.F. Hawkes				17	0	0
House	Mrs Alice Marion Leader				12	0	0
May Tree Cottage	W.H. Butler				8	13	6
17 Cottages with garden	Various tenants				77	16	0
Land	G. Arnold				6	13	6
Twyning Common	W. Key				3	10	0
	Mrs Sheppey				1	4	6
	R.W. Mayall					2	6
	Mrs Butler					5	0
	G.E. Cox						6
					1210	17	6

Executed by the Mortgagor and attested

1919

By Indenture of this date made between the The Standard Life Assurance Company (thereinafter called "the Company") of the one part and the said Maxwell Homfray Maxwell-Gumbleton (thereinafter called "the Transferee") of the other part

After reciting that abstracting Indenture was Supplemental to (1) the hereinbefore recited indenture of Mortgage (therinafter called "the Mortgage") dated the 20th day of September 1913 (2) to the hereinbefore recited Indenture (thereinafter called the "First Further Charge") dated the 12th October 1916 and (3) the hereinbefore abstracted Indenture (thereinafter called "the Second Further Charge") dated the 17th day of August 1917

And reciting that there was then owing to the Company the sum of £3,700 but all interest had been paid up to the date of the abstracing Indenture

And reciting that Transferee was desirous of repaying the said sum of £3,700 then paid by the Transferee to the Company (the receipt etc) The Company as Mortgagee did thereby grant and convey to the Transferee

All that the said Manor or Lordship of Twyning in the County of Gloucester with the rights members and appurtenances belonging thereto And also all that Capital Messuage or Mansion House called Twyning Manor House and all other the messuages farms lands tenements and hereditaments situate or arising in the County of Gloucester and known as the Twyning Manor Estate all of which said messuage and premises are more particularly described in the Second Schedule to now abstracting presents

To hold all the said hereditaments and premises therby granted and conveyed unto and to the use of the Transferee his heirs and assigns in fee simple freed and discharged from all principal moneys and interest secured by the Mortgage the First Further Charge and the Second Further Charge or any of them

The Second Schedule above referred to as in Abstracted Indenture of the 17th August 1917

Executed by the Company and attested.

Maxwell-Gumbleton papers
1920

Thanks to Lucinda Steege for the document

People mentioned

• Maxwell Homfray MAXWELL-GUMBLETON
• Isabella Matilda DES BARRES
• Richard John Maxwell GUMBLETON