Maxwell-Gumbleton papers: Disentailing deed to create a base fee

Disentailing deed to create a base fee. Rt Rev M H Maxwell-Gumbleton 9 Mar 1917.

This indenture made the nineteenth day of April one thousand eight hundred and ninety seven Between The Reverend Maxwell Homfray Smith of Pucklechurch in the County of Gloucester Clerk in Holy Orders of the one part and Freville Gurney Christopher of 33 Cornhill in the City of London Solicitor of the other part.

Whereas Richard John Maxwell Gumbleton late of Glanatore in the County of Cork deceased duly executed his last will dated the twenty third day of May One thousand eight hundred and eighty two and thereby gave and devised his capital messuage or manor 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 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 his niece Emma Jane Smith deceased 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 forever.

And whereas the said Richard John Maxwell Gumbleton died on or about the twentieth day of September One thousand eight hundred and eighty nine without having revoked or in any way altered his said will which was duly proved in the Principal Probate Registry on the Twenty first day of January One thousand eight hundred and ninety.

And whereas the said Maxwell Homfray Smith is the eldest son of the said Emma Jane Smith in the said will mentioned. And whereas the said Maxwell Homfray Smith is desirous of barring the entail of the said hereditaments and of all other lifelong hereditaments situate or arising in the County of Gloucester of or to which he is seized or entitled in remainder for an estate in tail male under the said Will and of converting the same into a base fee.

And this indenture witnesseth that the said Maxwell Homfray Smith doth by this 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 Manor House called Twyning Manor House and the Manor of Twyning and all other messuages lands tenements and hereditaments situate or arising in the County of Gloucester of or to which the said Maxwell Homfray Smith is seized or entitled in remainder for an estate in tail male under the said will all which said hereditaments are more particularly described in the Schedule hereto.

To hold the same (subject to the said estate for life of the said Matilda Gumbleton therein) unto the said 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 he said Maxwell Homfray Smith.

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

The schedule above referred to:

Farms	Tenants Acreage Yearly rent
Churchend Farm	Hewlett	167-1-5	343-7-0
Freemans Court Farm	F Green	106-1-19	200-0-0
Brockeridge Farm	J W Weaver	107-2-20	200-0-0
Manor House and Ground	about…	13-0-0	250-0-0
House and land	W E Justin	17-0-0	70-0-0
Land	Francis Darke	6-0-0	18-0-0
Orchard	Ditto	2-0-0	4-0-0
Twenty nine cottages	Various		177-12-0
Chief rents (yearly)	Cruddock		0-2-6
	Berwick		0-5-0
	Cox		0-0-6
	Carbridge		1-4-6
	Thomas		0-5-0
	E C Green		2-0-0
		Total	£1266-16-6

Signed sealed and delivered. By the above named Maxwell Homfray Smith in the presence of Sidney Gamage[?] Gillum, Clerk in Holy Orders, Pucklechurch Vicarage, Bristol; Ella Maria GILLUM, spinster, Pucklechurch Vicarage, Bristol.

Enrolled in the Central Office of the Supreme Court of Judicature the tewenty first day of April in the year of our Lord 1897 pursuant to the Act of Parliament 3rd and 4th William the 4th Cap 74. 37P

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This indenture made the ninth day of March One thousand nine hundred and seventeen Beetween the Right Reverend Maxwell Homfray Maxwell-Gumbleton D.D. Lord Bishop of Ballarat of Bishopscourt, Ballarat Australia being the within named Maxwell Homfray Smith of the one part and the within named Freville Gurney Christopher of 5 Argyl Place in the City of Westminster Solicitor of the other part.

Whereas by a Deed Poll dated the twenty third day of June One thousand nine hundred and sixteen under his hand and seal the within named Maxwell Homfray Smith renounced and abandoned the use of the surname of Smith and in lieu there of assumed and adopted the surname of Maxwell-Gumbleton.

And whereas Power of Attorney dated the tenth day of November One thousand nine hundred and sixteen and filed in the Central Office of His Majesty’s High Court of Justice on the sixth day of March One thousand nine hundred and seventeen the said Maxwell Homfray Maxwell-Gumbleton then Bishop Designate of the Diocese of Ballarat in Australia appointed the said Freville Gurney Christopher 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 respect and in the same manner as he himself could do if personally present and he conferred upon his attorney (inter alia) the following power: To do and execute all disentailing or other assurances and deeds necessary to enlarge the Base Fee created by the within written Indenture into an estate in fee simple absolute as soon as might be after the death of the within named Isabella Matilda Gumbleton.

And whereas His Most Gracious Majesty King George the Fifth by Royal Licence under his hand and seal given at His Court at St James on the eleventh day of December One thousand nine hundred and sixteen granted to the said Maxwell Homfray Maxwell-Gumbleton and his issue authority to take and use the surname of Maxwell-Gumbleton and to bear the Arms of Maxwell-Gumbleton.

And whereas the said Isabella Matilda Gumbleton died on the twenty fourth day of February One thousand nine hundred and seventeen .

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

And this indenture witnessed that the said Maxwell Homfray Maxwell-Gumbleton hereby conveys and confirms 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 determination or in defeasance of the said Base Fee and so as to enlarge such Base Fee into a fee simple absolute.

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 Maxwell Homfray Maxwell-Gumbleton Lord Bishop of Ballarat by his Attorney Freville Gurney Christopher.

Enrolled in the Central Office of the Supreme Court of Judicature the ninth day of March in the year of our Lord 1917 pursuant to the Act of Parliament 3rd & 4th William the 4th.

Maxwell-Gumbleton papers
19 Mar 1917

Thanks to Lucinda Steege for this document

People mentioned

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