Maxwell-Gumbleton papers: Marriage settlement of Maxwell Homfray Smith and Ella Maria Gillum

Summary

Indenture made on 20 Apr 1897 between:

• Revd. Maxwell Homfray Smith
• Ella Maria Gillum, his intended wife
• Sidney George Gillum (Ella Maria's father)
• Henry White and Freville Gurney Christopher, the Trustees

Indenture due to come into effect on marriage of MH Smith and E M Gillum.
Sets up 2 trust funds: the 'Husband's Trust Fund" and the "Wife's Trust fund"
The Husband's Trust fund to consist of:

• Various stocks and shares listed in Schedule 1 of the indenture
• A one fifth part of a trust fund set up as the marriage settlement of M H Smith's parents' marriage, value of £3000 charged on lands of Glanatore, Co Cork

It will pay out out its annual income to M H Smith during his life and then to his wife Ella Maria, if she survives him. Then for the benefit of their children, if any.

The Wife's Trust Fund to consist of:

• The stocks and funds listed in the second schedule, to be given by her father
• One fifth part of the stocks and funds listed in the third schedule, which represents a trust fund set up in the marriage settlement of EM Gillum's parents

It will pay out out its annual income to E M Smith during her life and then to her husband wife M H Smith. Then for the benefit of their children, if any.

Full transcript

This indenture made the twentieth day of April one thousand eight hundred and ninety seven between The Reverend Maxwell Homfray Smith of the first part Ella Maria Gillum the daughter of the Reverend Sidney George Gillum of Pucklechurch aforesaid Clerk in Holy Orders of the second part the said Sidney George Gillum of the third part and Henry White of Shawford Close near the City of Winchester Gentleman and Freville Gurney Christopher of 33 Cornhill in the City of London Gentleman (which two last named persons are hereinafter called "the Trustees") of the fourth part.
Whereas a marriage has been agreed upon and is intended to be shortly solemnized between the said Maxwell Homfray Smith and Ella Maria Gillum.

And whereas the said Maxwell Homfray Smith is possessed of the stocks funds and securities mentioned in the Trust Schedule hereto and the same have been transferred into the names of the Trustees.

And whereas the said Maxwell Homfray Smith is absolutely entitled under the trusts of an Indenture dated the fourteenth day of August one thousand eight hundred and seventy one made between Edward Thomas Smith of the first part Charles Jeston Homfray of the second part Emma Jane Smith then Emma Jane Homfray spinster of the third part and William Homfray and John Stanley Smith of the fourth part being the settlement executed in consideration of a marriage then intended and shortly afterwards solemnized between the said Edward Thomas Smith and Emma Jane Smith the parents of the said Maxwell Homfray Smith to one equal one fifth part of and in the sum of Three thousand pounds charged on certain lands situate at Glanatore in the County of Cork and at Kilbeg in the County of Waterford in Ireland which sum of Three thousand pounds is now vested in Harold Henry Wiles of Waterbeach in the County of Cambridge Esquire and Ernest Randolph Popkin Homfray of 13 Upper Richmond Road Putney in the County of Surrey Esquire the present trustees of the now reciting indenture of settlement.

And whereas under an Indenture dated the sixteenth day of February one thousand eight hundred and seventy four made between the said Sidney George Gillum of the first part Julia Augusta Gillum then Julia Augusta Edersheim spinster of the second part and The Reverend Alfred Edershein of Bournemouth Doctor of Philosophy Edward Treton Sanders of Bournemouth aforesaid Esquire and Walter Bailey of the City of Winchester Gentleman of the third part being the settlement made before and in consideration of the marriage then intended and shortly afterwards solemnized between the said Sidney George Gillum and Julia Augusta Gillum the parents of the said Ella Maria Gillum and under a Deed Poll dated the twentieth day of April one thousand eight hundred and ninety seven under the hands and seals of the said Sidney George Gillum and Julia Augusta Gillum (being a Deed of Appointment executed under the power for that purpose contained in the said Indenture the said Ella Maria Gillum is now entitled expectant on the death of the survivor of her parents and in the meantime subject to the respective life interests therein under the said Indenture. Provided that the said intended marriage shall be solemnized within twelve months from the date of the said Deed Poll to a one equal fifth share of the stocks funds and securities mentioned in the third schedule hereto being the investments now held on the Trusts of the said Indenture of Settlement or of the investments for the time being representing the said funds subject to the said Indenture of Settlement which investments now held are standing in the name of the said Walter Bailey the surviving Trustee of the said Indenture of Settlement.

And whereas upon the treaty for the said intended marriage it was agreed that such settlement should be executed as is hereinafter contained.

Now this Indenture witnesseth and it is hereby agreed and declared that the Tustees shall stand possessed of the stocks funds shares and securities comprised in the First Schedule hereto In Trust for the said Maxwell Homfray Smith until the said intended marriage shall be solemnized and from and after the solemnization thereof shall stand possessed of the said stocks funds shares and securities upon the trusts and with and subject to the powers and provisions hereinafter declared and contained concerning the same.

And this Indenture also witnesseth that in further pursuance of the said Agreement and for the consideration aforesaid the said Maxwell Homfray Smith as settler with the privity of the said Ella Maria Gillum hereby assigns unto the Trustees All that the said one equal fifth share of and in the sum of three thousand pounds charged on certain lands situate in Glenatore in the County of Cork and at Kilbeg in the County of Waterford in Ireland and the securities for the same and the interest thereof to which he is entitled under the above recited Indenture of Settlement of the fourteenth day of August one thousand eight hundred and seventy one To have and receive the same unto the Trustees absolutely upon trust for the said Maxwell Homfray Smith until the said intended marriage and after the solemnization thereof upon the trust and subject to the powers and provisions hereinafter declared and contained concerning the same.

And this Indenture also witnesseth and it is hereby agreed and declared that in further pursuance of the said agreement and for the consideration aforesaid the Trustees shall stand possessed of the hereinunder written In Trust for the said Sidney George Gillum until the said intended marriage shall be solemnized and after the solemnization thereof shall stand possessed of the said stocks funds shares and securities upon the trusts and with and subject to the powers and provisions hereinafter declared concerning the same.

And this Indenture also witnesseth that in further pursuance of the said Agreement and for the consideration aforesaid the said Ella Maria Gillum as Settlor with the privity of the said Maxwell Homfray Smith hereby assigns unto the Trustees All that the one equal fifth share to which she the said Ella Maria Gillum is now or will on the solemnization of the said intended marriage become entitled in expectancy as aforesaid in the stocks funds and securities mentioned in the Third schedule hereto and all other (if any) the share or shares or interest of the said Ella Maria Gillum to which she may become entitled under the trusts of the said recited Indenture of Settlement dated the sixteenth day of February one thousand eight hundred and seventy four or any appointment made thereunder, To have and recieve the same unto the Trustees Upon Trust for the said Ella Maria Gillum until the said intended marriage and after the solemnization thereof upon the trusts and subject to the provisions hereinafter declared and contained concerning the same (that is to say) It is hereby agreed that the Trustees shall after the solemnization of the said intended marriage stand possessed of all the said shares and premises respectively hereinbefore assigned as and when the same shall respectively fall into posession Upon Trust that the Trustees or the survivors or survivor of them or the executors ar administrators of such survivor or other the Trustees or Trustee for the time being of these presents (hereinafter called "the Trustees or Trustee") shall get in and recieve or obtain transfers of the said shares and premises as shall not be recieved in money to remain on the securities or investments in which the same shall be received or shall with the consent of the said Maxwell Homfray Smith and Ella Maria Gillum during their joint lives or of the survivor of them during his or her life and after the death of both at the discretion of the Trustees or Trustee sell call in and convert into money so much of the said shares and premises respectively hereinbefore assigned as shall not be received in money and shall with the like consent or at the like discretion invest the money arising thereby and also any money received in respect of the said shares and premises respectively hereinbefore assigned in the names or name or under the legal control of the Trustees or Trustee in or upon any of the public stocks or funds or Government securities of the United Kingdom or India or any Colony or Dependency of the United Kingdom or upon freehold copyhold leasehold or chattel real securities in England or Wales or in or upon the stocks funds shares debentures debenture stocks mortgages or securities of any corporation company or public body municipal commercial or otherwise in the United Kingdom (but not in Ireland) or India or any other Colony or Dependency of the United Kingdom but not in any other mode of investment and may from time to time with such consent or at such discretion as aforesaid convert or transpose such investments or any of them into or for others of any nature hereby authorised.

And it is hereby agreed that the Trustees or Trustee shall stand possessed of the stocks funds and securities set forth in the First schedule hereto and of the said share and premises hereinbefore assigned by the said Maxwell Homfray Smith and of the investments for the time being respectively representing the same (which premises and the investments representing the same are hereinafter referred to as the "Husband's Trust Fund") and shall also stand possessed of the stocks funds and securities set forth in the Second Schedule hereto and the respective shares and premises hereinbefore assigned by the said Ella Maria Gillum and of the investments for the time being respectively representing the same (which premises and investments the same are herinafter referred to as "the Wife's Trust Fund" And also of the annual income of the Husband's Trust Fund and the Wife's Trust Fund respectively. As to the Husband's Trust Fund upon trust to pay the annual income thereof to the said Maxwell Homfray Smith during his life and after his death to pay the said annual income to the said Ella Maria Gillum if she shall survive him during the remainder of her life without power of anticipation during any coverture. And as to to The Wife's Trust Fund upon trust to pay the annual income thereof to the said Ella Maria Gillum during her life without power of anticipation during any coverture and after her death to pay the same annual income to the said Maxwell Homfray Smith if he shall survive her during the residue of his life and after the death of the survivor of them the said Maxwell Homfray Smith and Ella Maria Gillum It is hereby declared that the capital and income of the Husband's Trust Fund and the Wife's Trust Fund shall be held in trust for all or such one or more exclusively of the others or other of the children or remoter issue of the said intended marriage such remote issue to be born and take vested interests within twenty one years of the death of the survivor of the said Maxwell Homfray Smith and Ella Maria Gillum at such are or time or respective ages or times and if more than one in respective benefit and such provisions for their respective advancement (either after the death of the survivor of the said Maxwell Homfray Smith and Ella Maria Gillum or during the lives of them or the survivor of them with his or her consent in writing) and as maintenance and education at the discretion of the Trustees or Trustee or of any other person or persons and upon such conditions with such restrictions and in such manner as the said Maxwell Homfray Smith and the said Ella Maria Gillum shall by any deed or deeds revocably or irrevocably from time to time or at any time jointly appoint. And in default of and until and subject to any such appointment then as the survivor of them and as regards the said Ella Maria Gillum whether covert or sole shall by deed revocably or irrevocably or by will or codicil appoint and in default of and until and subject to any such appointment in trust for all or any the children or child of the said intended marriage who being sons or son shall attain the age of twenty one years or being daughters or daughter shall attain that age or marry and if more than one in equal shares.

Provided always that any child who or whose issue takes any part of the Husband's Trust Fund or the Wife's Trust Fund under any appointment or in pusuance of either of the powers lastly hereinbefore contained shall not in the absence of any direction to the contrary take any share in the unappointed part thereof without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly.

And it is hereby agreed that the Trustees or Trustee may at any time or times after the death of the said Maxwell Homfray Smith and Ella Maria Gillum or in their or his or her lifetime with their or his or her consent in writing raise any part or parts not exceeding together one half of the presumptive or vested share of any child or other issue of the said intended marriage under the trust aforesaid and may pay or apply the same for his or her advancement or benefit as the Trustees or Trustee shall think fit.

And it is herby agreed that if there shall not be any child of the said intended marriage who or whose issue shall attain a vested interest under the trust in default of appointment hereinbefore contained then subject and without prejudice to the trust and powers hereinbefore declared and contained the Husband's Trust Fund and the income and statutory accumulations (if any) of the income thereof or so much thereof respectively as shall not have become vested or been applied under any of the Trusts or powers affecting the same shall after the death of the said Ella Maria Gillum and such failure of children or issue as aforesaid be held in trust for the said Maxwell Homfray Smith his executors administrators and assigns absolutely. And the Wife's Trust Fund and the income and any stautory accumulations (if any) of the income thereof or so much thereof respectively as shall not have been vested or been applied under any of the trusts or powers affecting the same shall after the death of the said Maxwell Homfray Smith or such failure of children or issue as aforesaid be held in trust from and after the decease of the said Maxwell Homfray Smith in trust for the person or persons who under the statutes for the distribution of the effects of intestates would have become entitled thereto on her death as if she had died possessed thereof intestate and without having been married such persons if more than one to take as tenants in common in the shares in which they would have taken under the same statutes.

And it is herby agreed and declared that and the said Ella Maria Gillum hereby covenants with the Trustees that if beside the trust funds hereinbefore settled by her she should at the time of the now intended marriage be or if at any time or times during the same coverture she should become entitled in any manner and for any estate or interest to any real or personal property of the value of four hundred pounds or upwards at one time and from one and the same source (except jewels trinkets ornaments furniture plate china glass pictures prints books and other chattels passing by delivey and not being securities for money which and also any property excepted from this covenant as being not of the value of four hundred pounds it is hereby agreed shall belong to her absolutely) then and in every such case she and all other necessary parties will at the cost of the Trust Estate as soon as may be convey or assign such real or personal property to the Trustees or Trustee upon trust to sell call in or convert into money such part or parts thereof such parts as shall not consist of money but with power for the Trustees or Trustee to postpone such sale calling in and conversion so long as they or he may think fit and to retain the investments transferred under this covenant and dispose of the annual income thereof in like manner as the annual income of the Wife's Trust Fund and so that any reversionary interest be not sold before it falls into posession unless the Trustees or Trustee shall have special reason for selling.

And it is herehby agreed and declared that the Trustees or Trustee shall stand possessed of the money to arise from such sale calling in or conversion and of any part of the said property received in money upon the trust and subject to the powers and provisions hereinbefore declared and conferred concerning money forming part of the Wife's Trust Fund or as near thereto as circumstance will permit and so as to form one fund for all puposes with the Wife's Trust Fund. Provided nevertheless that and Annuity in the income of any other real or personal property limited to or held in trust for the said Ella Maria Gillum for her life only or for any term of years determinable on her death is not to be sold without her consent in writing and if not sold and until sale thereof (if any) is to be paid to her without power of anticipation during any coverture. Provided always that the Trustees or Trustee shall not be made accountable in respect of any real or personal property becoming subject to the covenant lastly hereinbefore contained unless and until the samee shall have been actually conveyed assigned paid or transferred to them or him nor shall they or he be chargeable with breach of trust or made liable in any way for not taking any proceedings to get in the same real or personal property or any part thereof unless and until required in writing so to do by some persons beneficially interested under these presents.

Provided always that in the execution of any of the aforesaid trusts or powers the Trustees or Trustee may decide what money represents income and what represents capital and may allot or apportion any moneys or investments the trusts whereof are hereby declared to or between the persons entitled thereto in such manner as the Trustees or Trustee shall deem just and reasonable according to the respective rights and interests of those persons and notwithstanding that funds held on different trusts have been blended and for the purposes aforesaid may ascertain and fix the value of the respective parts of the said investments and every or such decision allotment apportionment and valuation shall be as binding upon all persons then or thereafter to become interested in the premises as if the same had been duly made by a Court of competent jurisdiction.

And it is hereby declared that any Trustee in the conduct of the Trust business may instead of acting personally employ and pay an Agent whether being a Solicitor or any other person to transact all business and do all acts required to be done in the Trust including the receipt and payment of money and that any Trustee being a Solicitor or other person engaged in any profession or business shall be entitled to be paid all usual professional charges for business transacted and acts done by him in connection with the Trusts hereof including acts which a Trustee not being in any profession or business could have done personally.

And it is hereby agreed that the said Maxwell Homfray Smith and Ella Maria Gillum during their lives and the survivor of them during his or her life shall have power to appoint new Trustees or new Trustee of these presents.

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

The First Schedule herebefore referred to

£440 5 per cent Debenture Stock of J R Roberts Stores Limited
£800 5 per cent First Mortgage Debentures of the Pacific Borax and Redwoods Chemical Works
100 One Cent Preference Shares of D H Evans & Co Ltd
48[?] 5 1/2 per cent Preference Shares of Archibald Arrol & Sons Lted
400[?] 5 per cent Debentures Stock in the Ottoman (Smyrna to Aden) Railway Company
400 Unified Stock of the Industrial and Annual Investment Trust
£600 Secured on Mortgage of certain Leasehold premises situate at Cambridge

The Second Schedule hereinbefore referred to

£147 4 per cent Preference Redemption Stock 1886 of The Great Eastern Railway Company
£500 4 per cent Preference Stock 1884 of ditto
£700 Stock of the Indian Midland Railway (4 per cent guaranteed by the Secrtetary of State of India)

The Third Schedule above referred to

£1500 London and South Western Railway Consolidated Stock
£1200 Great Western Railway Consolidated Ordinary Stock
£1200 Midland Railway Consolidated Ordinary Stock
£56 5/6 East Indian Railway Annuity Class B
£856 15/- New South Wales 3 1/2 per cent Inscribed Stock 1918
188 OBI Lambardo Venetian Railway

Signed sealed and delivered by the above named

Henry White in the presence of Walter Brierley[?]
Maxwell H Smith
Ella Maria Gillum
Sidney George Gillum
Henry White
Freville G Christopher

Signed sealed and delivered by the above named Maxwell Homfray Smith Ella Maria Gillum Sidney George Gillum and Freville Gurney Christopher in the presence of James Harvey [?] Law 36 Pembroke Road London Clerk in Holy Orders

Maxwell-Gumbleton papers
20 Apr 1897

Thanks to Lucinda Steege for this document

People mentioned

• Maxwell Homfray MAXWELL-GUMBLETON
• Ella Maria GILLUM
• Charles Jeston HOMFRAY
• Emma Jane HOMFRAY