Reference
CD1051
Title
Copy declaration of Trust made by:
Date free text
16 Feb 1809
Production date
From: 1809 To: 1809
Scope and Content
Stephen Thornton, Harley Street, Middlesex, Esq (eldest son of Godfrey Thornton late of Austin Friars, London, and Moggerhanger, Esq. deceased).
William Astell, Old Broad Street, London, Esq. Lately called William Thornton
(2nd son of said Godfrey Thornton).
Claude George Thornton, Russell Square, Middlesex, Esq (3rd son).
Reciting lease and release of 20 and 21 January 1794 being the marriage settlement of Stephen Thornton and Mary Littledale by which various manors, lordships and property were conveyed in trust.
Reciting also the will of Godfrey Thornton dated 27 July 1805
... to 3 sons, Stephen, William and Claude in trust.
- Manors of Mogerhanger, Chalton and south Mills
- Mogerhanger House
- Manor and all other lands formerly the estate of Richard Astell, Esq., deceased or of his brother, Robert Thornton, Esq and others
- Manors etc at Beeston, Thorncott and Hatch which were purchased of Thomas Smith, Esq
- lands purchased of John Harwood in Northill
- prop in same parish lately purchased of John Harvey, Esq
- arable land in Everton Down Field in Everton cum Tetworth, lately purchased of Rev Frogmore Cumming, and lands allotted in lieu at the enclosure
trust - to pay £800 yearly to wife Jane Thornton
- (subject to term of 99years to secure payment) to eldest son Stephen Thornton, and then to grandson, Godfrey (son of said Stephen and wife Mary Littledale), and then to his sons, with remainder to the sons of said Stephen Thornton
... to sons, William and Claude
- residue of estate
Jane Thornton, Stephen, William and Claude Thornton appt executors. Said Godfrey Thornton died in November 1805. Will proved PCC rents due at his decease to him amounted to £2069
There is doubt whether such rent arrears are part of estate awarded to Stephen Thornton or whether they count as part of residuary estate (and so belong to William and Claude), so Stephen, William and Claude have agreed to abide by opinion of Sir Samuel Romilly, knight, King's Counsel.
Sir Sam considered that rents due at testator's death and afterwards passed to trustees on same trusts as the real estate and that amount of such rents should be laid out in purchase of bank annunuities and dividends paid to those to whom real estates were limited by said will and that first person who should take an estate of inheritence under said will would be entitled to the capital of said Bank annuities therefore Stephen Thornton has invested said £2069 in purchase of £3050 7s 5d 3% Consols.
Now said Stephen, William and Claude declare that they hold said Consols on trust
- to pay proceeds to Stephen
- after his death, then capital sum to same uses as Godfrey Thornton directed in his will for his freehold estate devised to his trustees
power to appoint new trustees.
Level of description
item