Maxwell-Gumbleton papers: Mortgage deed

Summary

The Reverend Canon M H Smith to the Standard Life Assurance Company. Mortgage of a reversionary interest under the will of R J M Gumbleton deceased and of policies of life assurance to secure £1000 and interest.

Transcript

This Indenture made the Twentieth day of September one thousand nine hundred and thirteen Between The Reverend Maxwell Homfray Smith of The Vicarage, Chippenham in the County of Wiltshire Clerk in Holy Orders an Honorary Canon of the Cathedral Church of the Holy Trinity in the City of Bristol (hereinafter called "the Mortgagor") of the one part and The Standard Life Assurance Company incorporated by the Standard Life Assurance Company's Act 1910 whose registered office is at Number 3 George Street in the City of Edinburgh (herinafter called "the Company") of the other part.

Whereas at the date of the Indenture next hereinafter recited Richard John Maxwell Gumbleton late of Glanatore in the County of Cork and of Twyning Manor Tewkesbury in the County of Gloucester Esquire deceased was entitled for an estate quasi in tail male in possession to certain lands tenements or hereditaments situate in the Counties of Cork and Waterford respectively and being the premises comprised in certain leases for lives which leases were perpetually renewable.

And whereas by an Indenture of Settlement dated the second day of November one thousand eight hundred and fifty eight and expressed to be made between Charles Croker and William George Maxwell of the first part the said Richard John Maxwell Gumbleton of the second part Isabella Matilda Gumbleton (then and therein described as Isabella Matilda Des Barres spinster) of the third part and Walter Broad Stocker and Henry Dolben Windham Leopold Orlando Des Barres of the fourth part and being a Settlement executed in consideration of the marriage then intended and shortly afterwards solemnised between the said Richard John Maxwell Gumbleton and Isabella Matilda Gumbleton the said leasehold premises were limited and assured to the use that if the said Isabella Matilda Gumbleton should survive the said Richard John Maxwell Gumbleton she and her assigns might thenceforth receive during her life a yearly rent charge of three hundred pounds for her jointure and to be charged upon the said premises with powers of distress and entry for securing the same with remainder to the use of the said Walter Broad Stocker and Henry Dolben Windham Leopold Orlando Des Barres their executors administrators and assigns for a term of ninety nine years from the decease of the said Richard John Maxwell Gumbleton upon the trusts thereinafter declared concerning the same (being trusts for further securing the said jointure rent charge) with remainder to the use of the said Richard John Maxwell Gumbleton his heirs and assigns.

And whereas the said Richard John Maxwell Gumbleton duly made and executed his will dated the twenty third day of May one thousand eight hundred and eighty two and thereby (amongst other things) devised and bequeathed all his freehold and leasehold messuages tenements lands and hereditaments situate in the Counties of Cork and Waterford or elsewhere in Ireland to the use of the said Isabella Matilda Gumbleton (in the said will called Matilda Gumbleton) during her life for her sole and separate use with remainder to the use of James Stuart Des Barres during his life with remainder to the use of the first and other sons successively of the said testator's late niece Emma Jane Smith deceased according to priority in tail male with remainders over. And he appointed the said Isabella Matilda Gumbleton and the said James Stuart Des Barre and Augustus Henry John Des Barres executrix and executors of his said will.

And whereas the said Richard John Maxwell Gumbleton died on the twentieth day of September one thousand eight hundred and eighty nine and his said will was duly proved by the said Isabella Matilda Gumbleton James Stuart Des Barres and Augustus Henry John Des Barres on the fourteenth day of December one thousand eight hundred and eighty nine in the District Registry at Cork of the Probate and Matrimonial Division of the High Court of Justice in Ireland and on the twenty first day of January one thousand eight hundred and ninety in the Principal Probate Registry of the High Court of Justice in England.

And whereas the said testator at the time of his death was seized or entitled in fee simple in possession of or to two undivided third shares of each of three head rents or fee farm rents of the respective yearly amounts of Seventy three pounds six shillings and ten pence One hundred and forty three pounds thirteen shillings asnd ten pence and Eighty pounds eight shillings and fivepence halfpenny which respectively were issuing out of or payable in respect of certain lands and hereditaments in the County of Cork and he was also seized or entitled in fee simple in possession of or to certain lands situate in the Parish of Kilcockan in the County of Waterford and commonly called or known as the lands of Crassary.

And whereas in or about the month of November one thousand eight hundred and ninety seven the leasehold premises hereinbefore mentioned or some of them were sold by order of the Chancery Division of the High Court of Justice in Ireland for the purpose of payment of incumbrances then affecting the same and after payment of such incumbrances out of the proceeds of such sale there remained in Court (amongst other things) a sum of seven hundred and sixty pounds seventeen shillings and eight pence Guaranteed Land Stock purchased out of the balance of such proceeds and then subject to the trusts of the hereinbefore recited Settlement and Will respecitively.

And whereas by an Order of the said Court made by the Lord Justice Fitzgibbon on the thirtieth day of July one thousand nine hundred and six Philip Alan Simpson and Freville Gurney Christopher were appointed trustees for the investment of the said sum of Seven hundred and sixty pounds seventeen shillings and eight pence Guaranteed Land Stock and it was ordered that such sum of Stock should be transferred to them upon trust to lay out the same in the purchase of land which when purchased should be limited and settled to the same uses upon the same trusts and for the same purposes and in like manner as the lands sold as aforesaid stood limited and settled on such of them as should be then subsisting and capable of taking effect and it was also ordered that until the said sum of stock should be laid out as aforesaid the trustees should have power and they were thereby directed to invest the same in Government Stocks funds and securities and to apply the income of such investments the manner in which the rents of the land to be purchased would be applicable in accordance with the provisions of the said Settlement and Will.

And whereas the said sum of Seven hundred and sixty pounds seventeen shillings and eight pence Guaranteed Land Stock was duly transferred to the joint names of the said Philip Alan Simpson and Freville Gurney Christopher and is still standing in such names no part thereof having as yet been applied in the purchase of land.

And whereas by an order of the Chancery Division of the High Court of Justice in Ireland made by Mr Justice Barton on the twenty ninth day of April one thousand nine hundred and twelve the said Philip Alan Simpson and Freville Gurney Christopher were appointed trustees for the purposses of the Settled Land Acts 1882 to 1890 of the settlement created by the said Will of the said Richard John Maxwell Gumbleton deceased.

And whereas at the date of the said last mentioned Order the three hereinbefore mentioned head rents or fee farm rents had been redeemed by Order of Court for sums which were then represented by the respective sums of Two thousand two hundred and sixty pounds seventeen shillings and two pence two pounds two shillings per cent Consolidated Stock Four thousand three hundred and eighty three pounds fifteen shillings and nine pence of the like Stock and One thousand three hundred and ninety seven pounds twelve shillings and seven pence (in the said Order of the twenty ninth day of April one thousand nine hundred and twelve wrongly stated to be one thousand three hundred and ninety two pounds twelve shillings and seven pence) of the like Stock.

And whereas the said James Stuart Des Barres died on the sixteenth day of July one thousand nine hundred and twelve.

And whereas the said Emma Jane Smith deceased was married once only namely to Edward Thomas Smith on the fifteenth day of August one thousand eight hundred and seventy one and the mortgagor is the first son of the said marriage and was born on the seventeenth day of June one thousand eight hundred and seventy two.

And whereas by an Indenture dated the twenty third day of August one thousand nine hundred and twelve and made between the mortgagor of the one part and the said Freville Gurney Christopher of the other part and enrolled as a disentailing assurance on the thirtieth day of August one thousand nine hundred and twelve in the Consolidated Judgments Record and Writ Office of the High Court of Justice in Ireland (Chancery Division) all and singular the freehold messsuages tenements lands and hereditaments comprised in or settled by the said devise contained in the said Will of the said testator's freehold and leasehold messuages tenements lands rent-charges and hereditaments situate in the Counties of Cork and Waterford or elsewhere in Ireland or which by virtue of any conveyance to the uses of the same devise or otherwise howsoever had become either at law or in equity subject to the subsisting uses of the said devise except the two undivided third shares of the said three head rents which had been redeemed were granted by the Mortagor (subject and without prejudice to the estate for life of the said Isabella Matilda Gumbleton and to such of the power and privileges thereto annexed or exerciseable during the continuance thereof as were then subsisting or capable of being exercised) unto the said Freville Gurney Christopher and his heirs to the use of the Mortagor his heirs and assigns for ever freed and discharged from the estate tail of the Mortgagor. And by the same Indenture all those two undivided third shares of or in the said sums of Two thousand two hundred and sixty six pounds seventeen shillings and three pence Four thousand three hundred and eighty three pounds fifteen shillings and nine pence and One thousand three hundred and ninety seven pounds twelve shillings and seven pence of two pounds ten shillings per cent Consolidated Stock and all other (if any) the moneys stocks funds and securities which or the moneys to arise from the sale and conversion thereof were then applicable to the purchase of lands to be settled to the subsisting uses of the said devise were assigned by the Mortgagor (subject and without prejudice as aforesaid) unto the said Freville Gurney Christopher and his heirs in trust for the Mortgagor his executors administrators and assigns as personal estate freed and discharged from the estate tail of the Mortgagor.

And whereas a total sum of Four thousand four hundred and thirty three pounds fifteen shillings and three pence two pounds ten shillings percent Consolidated Stock (being two equal third parts of the said sums of Two thousand two hundred and sixty six pounds seventeen shillings and three pence and Four thousand three hundred and eighty three pounds fifteen shillings and nine pence of the like Stock) has since been transferred into and is now standing in the joint names of the said Philip Alan Simpson and Freville Gurney Christopher and a further sum of Nine hundred and thirty one pounds fifteen shillings two pounds ten shillings per cent Consolidated Stock (being two equal third parts of the said sum of One thousand three hundred and ninety seven pounds twelve shillings and seven pence ot the like Stock) has also been converted by them into money which they have invested in the purchase in their joint names of a sum of Seven hundred and seventy six pounds eleven shillings and five pence Irish three pounds percent Guaranteed Stock.

And whereas the lands of Crossary hereinbefore referred to have recently been purchased by the Irish Land Commission under the Evicted Tenants (Ireland) Act 1907 and after certain payments which have been made out of the purchase money thereof for the redemption of superior interests the balance remaining of such purchase money is now represented by the sum of Two thousand and eighty nine pounds eight shillings and seven pence three pounds per cent Matured Gauaranteed Land Stock standing in the joint names of the said trustees Philip Alan Simpson and Freville Gurney Christopher.

And whereas the said Isabella Matilda Gumbleton is still living.

And whereas the Mortgagor has effected with the Company and is entitled to a Policy of Assurance dated the fifth day of July one thousand nine hundred and thirteen and numbered 101714 D/O and under the annual premium of Eighteen pounds five shillings payable on the sixteenth day of June in every year whereby the sum of One thousand pounds is assured to be paid to the executors administrators or assigns of the Mortgagor in the event of his dying in the lifetime of the said Isabella Matilda Gumbleton and also a Policy of Assurance dated the Eighteenth day of September one thousand nine hundred and thirteen and numbered 10178 D/O and under the annual premium of Twenty three pounds eight shillings and nine pence payable on the 18th day of September in every year whereby the sum of One thousand two hundred and fifty pounds is assured to be paid to the executors administrators or assigns of the Mortgagor in the same event.

And whereas the Company at the request of the Mortgagor has agreed to lend to him the sum of One thousand pounds upon having the repayment thereof with interest at the rate herinafter mentioned secured in manner herinafter appearing and it has been agreed that these presents shall contain such provisions for reduction of the rate of interest and for capitalisation of interest and otherwise as respecively are herinafter contained.

Now this indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of One thousand pounds now paid by the Company to the Motgagor (who herby acknowledges the receipt thereof) the Mortgagor hereby covenants with the Company and its assigns that the Mortgagor his heirs executors or administrators will on the Twentieth day of March next pay to the Company or its assigns the sum of One thousand pounds with interest for the same in the mean time at the rate of five pounds ten shillings per cent per annum computed from the date of these presents. And that of the said sum of One thousand pounds or any part thereof shall remain unpaid after the said Twentieth day of March next the Mortgagor his heirs executors or administrators will so long as the said sum or any part thereof shall remain unpaid pay to the Company or its assigns interst at the rate aforesaid for the sum so remaining unpaid by equal half-yearly payments on the Twentieth day of March and the Twentieth day of September in every year.

And this Indenture also witnesseth that in further pursuance of the said agreement and for the consideration aforesaid the Mortgagor as beneficial owner hereby assigns unto the Company and its assigns (First) All and singular the said sums of Seven hundred and sixty pounds seventeen shillings and eight pence Guaranteed Land Stock Four thousand four hundred and thirty three pounds fifteen shillings and three pence two pounds ten shillings per cent Consolidated Stock Seven hundred and seventy six pounds eleven shillings and five pence Irish three pounds per cent Guaranteed Stock and Two thousand and eighty nine pounds eight shillings and seven pence three pounds per cent Matured Guaranteed Land Stock respectively standing in the joint names of the said Philip Alan Simpson and Freville Gurney Christopher and all investments and property whether real or personal which hereafter at any time or from time to time may represent or be substituted for the same or any of them or any part thereof respectively And (secondly) All those two policies of assurance effected by the Mortgagor as hereinbefore mentioned and all moneys assured by or to become payable under the same respectively and the full benefit thereof respectively.

To hold all the said premises hereby assigned unto the Company and its assigns Subject as to the said premises first hereinbefore described and hereby assigned to the interest therein of the said Isabella Matilda Gumbleton for her life under the said Will of the said Richard John Maxwell Gumbleton deceased or (as to the said sum of Seven hundred and sixty pounds seventeen shillings and eight pence Guaranteed Land Stock) under the said Settlement of the second day of November one thousand eight hundred and fifty eight and the said Will and also to all estates or interests (if any) now subsiisting 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 the said Indenture of the twenty third day of August one thousand nine hundred and twelve was subsisting in the same premises or in any messuages tenements lands or hereditaments which or the proceeds of sale thereof are now represented by the same. And subject as to all the said premises hereby assigned to the proviso for redemption hereinafter contained.

Provided always and it is hereby agreed and declared that if the Mortgagor his heirs executors administrators or assigns shall on the said Twentieth day of March next pay to the Company or its assigns the sum of One thousand pounds with interest for the same in the meantime at the said rate of five pounds ten shillings per cent per annum computed from the date of these presents the Company or its assigns shall at any time thereafter upon the request and at the cost of the Mortgagor his executors administrators or assigns reassign to him or them the said premises hereby assigned but subject as to the said premises first hereinbefore described and hereby assigned to the said interest for life and other estates or interests (if any) if and so far as the same respectively are then subsisting or capable of taking effect.

And it is hereby also agreed and declared that if and whosoever the Mortgagor his heirs executors administrators or assigns shall on any half-yearly day hereinbefore appointed for the payment of interest under this security or within thirty days next after such half-yearly day pay to the Company or its assigns interest at the rate of five pounds per cent per annum for the principal moneys for the time being owing on this security the Company or its assigns shall accept payment of interst for the said principal moneys at the said rate of five pounds per cent per annum in lieu of the rate of five pounds ten shillings per cent per annum for the half year for which interest at the said rate of five pounds per cent per annum is so paid as aforesaid but this shall not prejudice or affect the right of the Company or its assigns to interest at the rate of five pounds ten shillings per cent per annum for every half year for which interest at the said rate of five pounds per cent per annum shall not be paid to the company or its assigns on or within thirty days after the appointed half-yearly day.

And it is hereby further agreed and declared that if the interest on the principal moneys hereby secured or any part of such interest shall at any time be in arrear for thirty days after any day hereinbefore appointed for payment of the same and payment thereof shall be forborne by the Company or its assigns then and as often as the same shall happen the interest so forborne shall be added to the principal moneys hereby secured as or in the nature of a further advance and shall thenceforth bear interest at the rate of five pounds ten shillings per cent per annum which shall be considered to accrue payable from time to time on the respective half yearly days hereinbefore appointed for payment of interest on the original principal sum of one thousand pounds hereby secured so that by the addition and capitalisation of interest as aforesaid the total principal moneys hereby secured may to that extent be augmented upon the footing of an accumulation at compound interest computed at the rate of five pounds ten shillings percent per annum with rests taken at or made half-yearly on the days aforesaid but so that this provision shall not be deemed to authorise the Mortgagor his heirs exeecutors ar administrators to allow any interest to fall into arrears unless permitted by the Company or its assigns so to do. And also that all such additions by means of capitalised interest as aforesaid shall be charged and chargeable upon all the said premises hereby mortgaged and shall to all intents and purposes be within the scope and operation of this present security. And further that all such additions shall be payable by the Mortgagor his heirs executors or administrators upon payment thereof being demanded by the Company or its assigns and the Mortgagor hereby covenants with the Company for payment thereof upon demand accordingly.

And the Mortgagor hereby also covenants with the Company that if the said Isabella Matilda Gumbleton shall die in the lifetime of the Mortgagor and during the continuance of this security the Mortgagor will within one calendar month after such death execute and do at his own cost and to the satisfaction of the Company or its assigns all such further assurances acts and things as would be necessary or proper for the purpose of converting or enlarging any base fee created by the said Indenture of the twenty third day of August one thousand nine hundred and twelve into a fee simple absolute or as may otherwise be necessary or proper for the purpose of discharging the said premises first hereinbefore described and hereby assigned or any of them from all estates and interests (if any) subsisting or capable of taking effect in the same after the determination or in defeasance of any such estate in tail male or quasi in tail male or other estate in tail or quasi in tail as hereinbefore mentioned and of vesting the said premises in the company or its assigns subject only to such right or equity of redemption (if any) as for the time being may be subsisting therein by virtue of these presents.

And the Mortgagor hereby irrevocably appoints Leonard Walter Dickson or other the Manager for the time being of the Company and the assigns of the Company and every person to whom the Company or its assigns may delegate this power the attorney and attorneys of him the Mortgagor for him and on his behalf and in his name or otherwise to execute and do all or any such further assurances acts and things as aforesaid.

And the Mortgagor herby covenants with the Company that during the continuance of this securtiy the Mortgagor will not do or suffer anything whereby the said Policies of Assurance hereby assigned or either of them or any new policy to be effected as hereinafter provided may become void or voidable or the Company or its assigns may be prevented from receiving the moneys assured by or to become payable under any such policy or any part of such moneys. And that if any such policy has or shall become voidable the Mortgagor will immediately at his own cost do all things necessary for restoring or keeping on foot the same. And that if any such policy has or shall become void the Mortgagor will immediately at his own cost effect or enable the Company or its assigns to effect a new policy or new policies on the life of the Mortgagor in such sum or sums of money as would have been payable under the policy which shall have become void if instead of the same becoming void the Mortgagor had then died. And that every such new policy and the moneys assured by or to become payable under the same shall be subject to this security and the power of sale and other powers trusts and provisions conferred by or incident to these presents in relation to the original policies hereby assigned and the moneys assured thereby or to become payable thereunder.

And further that the Mortgagor will during the continuance of this security duly and punctually pay the annual premiums and other sums of money (if any) necessary for keeping on foot the said original policies and every new policy effected as hereinbefore provided and will forthwith deliver to the Company or its assigns the receipt for every such payment and that if the Mortgagor shall at any time neglect or refuse to make the payments aforesaid or any of them it shall be lawful for the Company or its assigns to make the requisite payments or any of them. And that the Mortgagor will on demand repay to the Company or its assigns every sum of money and all costs and expenses (if any) which shall have been properly and reasonably paid or incurred by the Company or its asssigns in keeping on foot the said original policies or either of them or any new policy or policies effected as aforesaid or in effecting such new policy or policies or otherwise in relation to the premises together with interest thereon at the rate of five pounds ten shillings per cent per annum from the time or respective times of the same having been so paid or incurred and that in the meantime and util the repayment of the said moneys costs and expenses with such interest as aforesaid all the premises for the time being comprised in or subject to the security shll be and stand charged with the payment thereof respectively.

And it is herby agreed and declared that any sale under the statutory power in that behalf of the said original policies or either of them or of any new policy effected as aforesaid may be made either by way of surrender to the Company or other the insurance office by which the same have or has or shall have been granted or in any other manner.

Provided always and it is herby agreed and declared that the Company and its assigns respectively shall not nor shall any of them be answerable for any involuntary losses which may happen in or about the exercise or execution of the power of sale or any of the powers or any statute.

In witness whereof the Mortgagor hath hereunto set his hand and seal and the company hath caused its common seal to be hereunto affixed the day and year first above written.

Signed sealed and delivered by the above named Maxwell Homfray Smith : Maxwell H Smith
In the presence of:
John Perkins
Chippenham Wilts
Solicitors Clerk

Maxwell-Gumbleton papers
20 Sep 1913

Thanks to Lucinda Steege for this document

People mentioned

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