• Reference
    V256
  • Title
    Conveyance and Assignment of Trust Estates and Funds subject to the articles of settlement made on the marriage of Sir William Horne with his first wife [V252]
  • Date free text
    7 May 1862
  • Production date
    From: 1862 To: 1862
  • Scope and Content
    (i) Anne Egerton of Hanover Terrace, Regents Park, Middlesex widow and sole executrix of Henry Egerton of Hanover Terrace, Regents Park, Middlesex and Lincolns Inn barrister at law, deceased (ii) George Edward Sayer of Pett, Kent, John Sayer of Lincolns Inn, William Melmoth Walters of Lincolns Inn (devisees of trust estates, under will of Henry Egerton (iii) Arthur Horne Lieutenant Colonel of the 13th Regiment Foot, now of Junior United Service Club, St. James, Westminster. (iv) Mary Laetitia Vernon of Westfield, Sussex spinster, Emma Maria Vernon of Westfield, Sussex (administratixes with will annexed, of Francis Woodley Horne, deceased (v) George Horne of Bishop’s Auckland, Durham; late Captain in 12th Regiment Lancers now Adjutant of Durham Regiment of Volunteers (vi) Reverend Mark Henry Vernon of Westfield, clerk, and wife Mary Martha née Horne. (vii) John Penrice of Great Yarmouth, Norfolk, Reverend William Horne of Barming Rectory, Kent,clerk, John William Egerton Green (trustees of marriage settlement of Reverend Mark Henry Vernon and wife Mary Martha.) (viii) Godfrey Tallents of Newark, Nottinghamshire (ix) said William Horne, Thomas Spragging Godfrey of Balderton, Nottinghamshire (trustees of marriage settlement of Godfrey Tallents with Ellen his late wife deceased née Horne) (x) George Gustavus Monck, 10 Clarence Square, Pittville, Cheltenham, Gloucester and wife Harriet, née Horne. (xi) John Bligh Monck of Coley Park, Berkshire, said William Horne (trustees of marriage settlement of George Gustavus Monck) (xii) Joseph Busk of Coddicote Lodge, Welwyn, Hertfordshire, George Williams Sanders of Lincolns Inn, Middlesex (surviving trustees of marriage settlement of said William Horne and wife Elizabeth née Busk) (xiii) said William Horne recites: V252 whereas: only estates at Clifton, Southill, Harford and Henlow and at Radwell and Felmersham in Bedfordshire (commonly known as Clifton, Radwell and Felmersham estates) all free-hold, ever became subject to above trusts, not Flitwick estates Ann Horne née Hesse died 18—in lifetime of her mother without executing any appointment; her mother Ann Brooks died year 18?? there was issue of the marriage of whom 8 attained majority or marriage. 1. William Horne, party hereto 2. Maria Horne (died spinster intestate; father next of kin so one-eighth of the trust became his property) 3. Arthur Horne 4. Francis Woodley Horne 5. George Horne 6. Mary Martha Horne, now wife of Mark Henry Vernon 7. Harriet Horne, now wife of George Gustavus Monck 8. Ellen Horne, wife of Godfrey Tallents but now deceased recites: V252 endorsement 1 and details given in endorsement 2 whereas: in 1825 Sir William Horne married as his second wife Ann Davison, widow (since deceased) recites: V254 recites: Indenture of 29 May 1833, Marriage Settlement of Reverend Mark Henry Vernon (i) Sir William Horne (ii) William Horne, John Penrice, John William Egerton Green two sums of £2,500, one in one year after marriage at 4% interest other within three months after decease of Sir William Horne recites: V252 endorsement 2 recites: sale of 24 November 1835 [see V252 endorsement 4] recites: V252 endorsement 3. recites: Indenture of 27 November 1839, Marriage Settlement of Godfrey Tallents (i) Sir William Horne (ii) William Horne, Thomas Spragging Godfrey executors of Sir William Horne to pay trustees £5,000 with 5% interest recites V252 endorsement 4. whereas: said £250 was paid to George Horne; was not raised out of the said trust funds as the said sum of £1,779.13s.10d. did not actually exist at that time, such stock and also the sum of £2,257.12s.6d. reduced bank annuity having been previously sold and £3,000 proceeds advanced to said Sir William Horne on a mortgage of real estates in Hertfordshire. recites: Chancery Decree 21 June 1844. plaintiff: - Sir William Horne defendants:- Frederick Hesse who represented surviving trustee of settlement V155; William Horne; Harriet Horne; Mark Henry Vernon; his wife Mary; Martha Vernon; Godfrey Tallents and Ellen his wife; Arthur Horne, Francis Woodley Horne; George Horne; Edward Bold and Martha his wife; Charles Ranken and Francis Henry Brooks ordered that a moiety of aforesaid sum £12,203.17s.8d. 3% annuity remaining subject to trusts of settlements V155 and mentioned in V252, and which pursuivant to previous order of the said court had been transferred into the name of the accountant general of the said court. £6,101.18s.10d.consolidated bank annuity to be transferred to Edward Bold and wife Martha; residue of said £12,203. 17s.8d. to be transferred to said Charles Ranken and Francis Henry Brooks as trustees of V252. recites: Indenture 18 August 1845. (i) Francis Woodley Horne, George Horne (ii) said Sir William Horne (iii) Charles Ranken, Francis Henry Brooks further advances had been made to Francis Woodley Horne totalling with aforesaid sums £3,500 and further advances to said George Horne £1,900 including said £250, totalling with said sum of £600 £2,500. Such advances were made by Sir William Horne out of his own property but were intended by him as advances on account of the Trust funds; intended Francis Woodley Horne and George Horne to receive money to make up to each £5,000 recites: Indenture 24 August 1845 (i) Arthur Horne (ii) Sir William Horne (iii) Charles Ranken, Francis Henry Brooks reciting V252 endorsement 2 and that further advances made to Arthur Horne of £500 totalling with said £3000, £3,500. Sir William Horne intended that he should receive extra money to make this up to £5,000 recites: V252 endorsement 5 whereas: William Horne agreed to accept £5,000 secured by bond of 2 July 1831 in satisfaction of trust appointed to him by last recital, and agreed to take on payment of the two sums of £2,500 which Sir William Horne covenanted to pay trustees of settlement of 29 May 1833 and £2,000 which he covenanted to pay trustees of settlement of 27 November 1839. By Indenture 18 November 1845 (i) William Horne (ii) Sir William Horne (iii) Charles Ranken, Francis Henry Brooks William Horne discharges Sir William Horne of claims on account of trust funds of V155 or V252 respecting such of the trust funds as had been received by Arthur, Francis Woodley and George Horne and such other property thereby agreed to be settled as were equivalent to sums of £5,000 and two sums of £2,500 plus £5000 William Horne also released (iii) of claims under V252 respecting such parts of the estates thereby agreed to be settled as were equivalent to the trust funds of V155 and the several sums paid Arthur, Francis Woodley and George Horne and the sums of £5,000, 2 of £2,500 and £5,000 and with respect to the moiety of said Ann Horne deceased in the free- and copy-hold estates of James Hesse deceased (such share being then vested in William Horne subject to life estate of Sir William Horne) recites: V252 endorsement 6 recites: Indenture 20 July 1846 Marriage Settlement of George Gustavus Monck Sir William Horne covenanted with John Bligh Monck that they should receive on his death £5,000 with 5% interest recites: Indenture 29 March 1849 (i) Sir William Horne (ii) Arthur Horne (iii) Charles Ranken and Henry Egerton revokes appointment made by V252 endorsement 5 to William Horne of £802.3s.7d. reduced annuity and £1,101.18s.10d. and appointments that the 2 aforesaid sums should become property of Arthur Horne; the rest of the estates appointed by the said endorsement shall continue to be vested in said William Horne whereas: said 2 sums were sold, proceeds for benefit of Arthur Horne. said £1,101.18s.10d. annuity produced £1.003.1s.5d; by which sales the whole sum of £802.3s.7d. 3% reduced annuity was disposed of and the sum of £6,101.18s.10d. 3% consolidated annuity reduced to £5,000 recites: Deed Poll of Appointment 12 August 1856 Sir William Horne revoked appointment of V252 endorsement 5 to the extent of £2000 3% consolidated annuity, which is to be vested in George Horne and to be freed from life interest therein of Sir William Horne. whereas: by this transference to George Horne sum of £5,000 3% consolidated annuity became reduced to £3,000 recites: Indenture 3 December 1856 (i) Sir William Horne (ii) Arthur Horne (iii) Charles Ranken and Henry Egerton Sir William Horne revoked appointment made as aforesaid in favour of William Horne of so much of the stocks as consisted of £400 3% consolidated annuity part of the annuities then in the names of Charles Ranken and Henry Egerton; money produced by sale of this sum to be vested in Arthur Horne; proceeds were £376.10s.0d., by which the £3,000 became reduced to £2,600 whereas: Charles Ranken died 7 October 1858; Henry Egerton survived him; Francis Woodley Horne died 31 December 1858, administration with will annexed granted 24 October 1860 to (iv) Sir William Horne died 17 July 1860; will dated 10 June 1852 declared he had exercised power of appointment vested in him as survivor of his first wife Ann by virtue of V252 and had appointed absolutely to his 3 younger sons by late wife (Arthur, Francis Woodley, George) portions of the trust funds in satisfaction of their rights plus extra monies. On marriage of eldest son William Horne had secured to him by bond £5000 and by V252 endorsement 5 appointed to said William residue of estates subject to V252 but not subject to interest in residue which testator was entitled to for life and subject to powers of revocation which by aforesaid endorsement he had reserved to himself; had exercised this power in favour of Arthur by Indenture of 29 March 1849 by which he received larger portion than his younger brothers. Bequeathed lands,( except those settled on second marriage) to son William Horne who was to pay the following sums: to trustees of V254 £5,000 or as much as remained unpaid, being the sum secured by bond of 2 July 1831. to trustees of marriage settlement of Reverend Mark Henry Vernon so much as remained unpaid of the two sums of £2,500 to trustees of marriage settlement of Godfrey Tallents with Ellen Horne, unpaid remainder of £5,000 to trustees of marriage settlement of George Gustavus Monck unpaid remainder of £5,000 to son Francis Woodley Horne conditional legacy of £1,500 (not paid because he died in testator’s lifetime without heirs) conditional legacy to George Horne (revoked by codicil) William Horne and Henry Egerton, executors. Codicil: 10 June 1852 since will had advanced to son George £2,000 which sum to be deducted from legacy of £2,500 Codicil: 12 August 1856 recites appointment of £2,000 3% consolidated bank annuity to George Horne by deed poll of 12 August 1856; revokes legacy of £2,500 Codicil: 11 April 1859 bequeaths furniture and effects in house at Ponfield, Hertfordshire where he then resided to youngest son Henry James Davison Horne and youngest daughter Charlotte Elizabeth Horne, his 2 children by his second marriage and devised to them cottage and premises at Ponfield as tenants in common. Will and codicils proved 20 August 1860 whereas: Henry Egerton deceased, will dated 17 February 1860 appointed wife Ann executrix; devised to George Edward Sayer, John Sayer and William Melmoth Walters hereditaments vested in him as trustee. proved 27 February 1861 by wife Ann whereas: John Horne since died, leaving Joseph Busk and George Williams Sanders his cotrustees. William Horne as executor of Sir William Horne paid Joseph Busk and George Williams Sanders £5.000 secured to them by bond 2 July 1831; paid (vii) 2 sums of £2,500; paid (ix) £5,000; paid (xi) £5,000 whereas: as recited, the trusts of V252 fully satisfied and William Horne has become absolutely entitled to estates now held subject to V155 and V252; he requested Anne Egerton (as executrix of Henry Egerton the surviving trustee) to transfer to him £2,600 consolidated annuity and also requested Anne Egerton and Arthur Horne to assign to him all trust estates now remaining vested in them. whereas: Anne Egerton transferred said £2,600 now: Anne Egerton and (ii) with approbation of other parties assign to said William Horne interest in estates which by V252 were settled by Sir William Horne and his wife Anne.
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