• Reference
    X284/8/4/1
  • Title
    Deed of Declaration & Agreement Parties: (i) Justinian Alston the elder of Odell Castle, esquire, now of Mannheim [Germany]; (ii) Justinian Alston the younger of Trinity Hall, Cambridge University, esquire, now of Mannheim Reciting: - release and settlement of 2 Mar 1839 between (1) Justinian Alston the younger; (2) Justinian Alston the elder; (3) Mary Alston, wife of Justinian Alston the elder; (4) Charles Baker; (5) Henry Frederic Alston, George Leeke Baker and John James Kerr; (6) Rowland Alston and Henry Barne Sawbridge; in which Odell Castle Estate was conveyed to (5) to use of (5) for 99 years upon trusts, to use of (2), remainder to use of (5) upon trusts to mortgage the properties to raise up to 16,760 which, together with 9,740/10/- and life assurance proceeds would be sufficient to pay off certain debts etc. and to raise up to 500 for maintenance of Odell Mill; and to use the rents and profits of the properties to: (I) pay mortgage interest instalments; (II) insurance policy premiums; (III) an annuity of 300 to (1) during the life of (2) (the annuity to be reduced in proportion of rents and profits should fall below 800); (IV) an annuity to (3) of 600; trustees to stand possessed of properties on behalf of (2) during his lifetime, then for (1); the sums of 16,760 and 9,740/10- to be used thus: (V) to pay 140 to (2); (VI) to pay 130 to (1); (VII) to pay off certain charges specified in a schedule to the indenture; (VIII) to pay off any other debts of (2); - Henry Frederic Alston had wished to be released from trusteeship and Charles Baker replaced him by an indenture of 10 Sep 1839 and the trust estates were transfered to the new trustees by an indenture of 11 Sep 1839; - the trustees had secured (ii)'s annuity but had had to use 698/17/6 of their own money to redeem all debts; - (i) was indebted to George Leeke Baker and his partners in the firm of Baker & Co in the sum of 449/0/6, for monies advanced Operative Part: (i) and (ii) appointed the sums of 9,740/10/-, 16,760 and insurance policy proceeds to pay the debts of 698/17/6 and 449/0/6 owed by (i) before the specific debts noted under the heading (VIII) in the recited indenture of 2 Mar 1839; interest in the meantime to accrue on the sums of 698/17/6 and 449/0/6 at 4% per annum Witnesses: - T.G.V.Millingey[?], M.D., surgeon to Her Majesties Forces, Mannheim; - [.........]captain, RN, Cuckfield [Sussex]
  • Date free text
    20 Jul 1840
  • Production date
    From: 1839 To: 1840
  • Level of description
    item