HN2/B3/48

Draft Instructions for Counsel:

c.1884

From: 1884 To: 1884

- marriage settlement of John Thomas and Mary Brooks of 18 Apr 1816 in which estate was settled on John Thomas for life, remainder to Mary, remainder to all children equally; - four children, a daughter who attained 21 but died in the lifetime of the father and three sons who survived both parents - death of John Thomas Brooks on 22 Dec 1858; - death of Mary Brooks on 5 Nov 1879; - will of John Thomas Brooks of 8 Dec 1858 giving two legacies of 5,000 each to George Henry and Thomas William Dell Brooks in return for vesting their life interest in the estate in the trustees of the will within a year of the death of Mary Brooks; - indenture of 9 Mar 1860 the three sons vested their interest in the trustees of the will; -death of trustee Samuel Swaffield on 22 Mar 1863; - on 21 Dec 1850 John Hatfield Brooks "when in India & with a very confused idea of the value of his Interest" made a marriage settlement charging his interest with payment of 9,000; - George Henry Brooks had not charged his interest in any way; - Thomas William Dell Brooks executed a Post Nuptial settlement in 1865 assigning his 5,000 legacy to trustees; - on the death of Mary Brooks the trustee of the will of John Thomas Brooks was possessed of 5,940 India 4% stock and 600 cash out of which fund must be paid 5,000 to trustees of Thomas William Dell Brooks' settlement and duty on the two legacies leaving 1,085/12/6 India 4% stock and 500 cash to meet the legacy of 5,000 to George Henry Brooks; - the trustee had a mortgage of 3,000 made by John Thomas Brooks on property at Irchester [Northamptonshire] and was negotiating for sale of the property for about 7,000; - in 1865 the Midland Railway took a portion of the settled estates and purchase money of 1,900 was still outstanding in consequence of settlement by John Hatfield Brooks being an unsatisfied charge; - John Hatfield Brooks in 1864 exercised his power of appointment of his chidren in equal share as tenants in common but reserved power of revocation; - his two children, both girls [Catherine Mary Frances and Marianne Sophie Eugenie] over 21 the elder of whom was engaged to be married with the wedding fixed for 5 Jun [1884]; - John Hatfield Brooks had determined to appoint the settled estates in favour of his eldest daughter previous to her marriage and give 9,000 charge din his marriage settlement to his second daughter but his difficulty was to raise the sum; - trustee of John Thomas Brooks will had power to raise 7,000 by sale of the Irchester estate leaving him with a total of 5,400 (7,000 plus 1,000 plus 500 plus 1,900 minus 5,000) but the Midland Railway money would not be received before the 9,000 settlement was made and the Irchester sale was doubtful and would not be effected before the daughter's marriage; - no release had been executed for the 5,000 legacy paid to Thomas William Dell's trustees; - "It is a question how far the Trustee can apply this 5,400 towards satisfying the 9,000 charge or how far he can exercise his power of mortgaging for the same purpose. Mr.Parke is requested to advise upon the above facts and to prepare such Deeds as may be considered necessary for carrying into effect the wishes of J.H.Brooks"

item

Brooks, John Thomas,
Brooks, Mary,
Hatfield, Mary,
Brooks, Mary Ann,
Brooks, John Hatfield,
Brooks, George Henry,
Brooks, Thomas William Dell,
Swaffield, Samuel,
Midland Railway Company,
Brooks, Catherine Mary Frances,
Brooks, Marianne Sophie Eugenie,
Parke, C.

deaths, marriage settlements, John Thomas will: Brooks, equity investments, Midland Railway Company, 9th built railways, C. Parke, specific solicitors, legal papers, India, Irchester