Reference
V332
Title
Release
Date free text
20 Aug 1898
Production date
From: 1898 To: 1898
Scope and Content
Release.
(i) Harriot Orlebar of Great Pevensey Road St. Leonards on Sea, Sussex; spinster
Frances Hale Orlebar of Great Pevensey Road St. Leonards on Sea, Sussex; spinster
(ii) said Harriot Orlebar
(iii) said Frances Hale Orlebar
(iv) Reverend Henry Amherst Orlebar of Silsoe Vicarage, Ampthill.
(v) Ernest Bryans of Radley College, Abingdon, Berkshire, Augustus Scobell Orlebar of Hinwick House, Wellingborough, Northamptonshire.
(vi) Reverend Jeffery Edward Orlebar of Southen Vicarage, Wisbech, Cambridgeshire.
(vii) George Solomon Joseph of Fenchurch Street London, CharlesTemple Greene of Dale Street Liverpool.
(viii) John Orlebar of Gresham House, City of London and said Reverend Henry Amherst Orlebar (“the Trustees”)
supplemental to Indenture of 24 March 1892 [as recited in V331 but parties Harriot Orlebar and Frances Hale Orlebar, Reverend Henry Amherst Orlebar and Ernest Bryans and Augustus Scobell Orlebar since deceased]
recites: V331
whereas: John Hale Orlebar party to the principal Indenture died 27 March 1892; by will dated 20 September 1886 appointed brother, said Jeffery Edward Orlebar and also Charles Ranken Vickerman Longbourne, executors. Probate granted (Principal Registry) to Jeffery Edward Orlebar 27 April 1892, power reserved for making like grant to Charles Ranken Vickerman Longbourne (power not exercised)
recites: Indenture 29 July 1893
(i) Henry Amherst Orlebar and wife Constance Eleanor
(ii) said Ernest Bryans
(iii) said Ernest Bryans and Augustus Scobell Orlebar
supplemental to marriage settlement of 8 August 1884 of Henry Amherst Orlebar and wife Constance Eleanor
Augustus Scobell appointed trustee of settlement jointly with Ernest Bryans
whereas: Elizabeth Harriot Orlebar died 31 May 1897
will dated 2 December 1891 proved 28 July 1897 (Principal Registry) by (i) executrixes.
recites: Indenture of Appointment 21 September 1897
endorsed on marriage settlement of 16 January 1877 of Jeffery Edward Orlebar and Clara Albina Orlebar; appoint Charles Temple Greene as trustee of marriage settlement in place of said John Hale Orlebar and Hotham George Orlebar (both dead) jointly with said George Solomon Joseph.
whereas: First Schedule hereto contains accounts of all changes of investment of trust funds since date of principal Indenture.
Trustees have received from Henry Amherst Orlebar as executor and trustee of will of Admiral John Orlebar deceased £1,840.12s.10d. in respect of debt due to trustees under covenant on part said Admiral contained in the settlement to bring into settlement property equal in value to that brought in by his wife.
Trustees have paid estate duty payable on death of Elizabeth Harriot in respect of the trust funds other than the sums amounting to £2,400 advanced to Harriot Orlebar, Frances Hale Orlebar; Henry Amherst Orlebar; Jeffery Edward Orlebar; John Hale Orlebar; Maria Cuthbert Orlebar and Hotham George Orlebar; succession duty has been paid in respect of said sum and trustees expenses are paid.
income from trust funds from date of principal Indenture to death of Elizabeth Harriot Orlebar paid to her or (i); interest since her death has been divided between parties entitled thereto.
recites: Order of Mr. Justice Shirling 20 June 1898 in matter of trust of marriage settlement of 5 February 1838 [see V327]
between
(i) George Solomon Joseph, Charles Temple Greene; plaintiffs
(ii) John Orlebar, Henry Amherst Orlebar, Harriot Orlebar spinster, Frances Hale Orlebar, spinster ; defendants.
according to the construction of the “hotchpot clause” in Appointment by Deed Poll 21 June 1884 under hands of John Orlebar and Elizabeth Harriot Orlebar, the plaintiffs, as assignees of Jeffery Edward Orlebar
ought to bring into account in division of the property the whole of one seventh part of the stocks which were by Deed Poll of 10 January 1877 appointed to said Jeffery Edward Orlebar.
whereas: Second Schedule hereto contains particulars of the trust funds in their present state of investment and also of the sums brought into hotchpot by said Harriot Orlebar; Frances Hale Orlebar and Jeffery Edward Orlebar
under Appointment of 21 June 1884. Funds to be distributed in accordance with this Appointment and above said Order
one-fifth of the funds has been paid to:
Harriot Orlebar
Frances Hale Orlebar
Ernest Bryans and Augustus Scobell as trustee under settlement of 8 August 1884
George Solomon Joseph and Charles Temple Greene as present trustees of the marriage settlement of 16 January 1877 of Jeffery Edward Orlebar and Clara Albina Orlebar
Jeffery Edward Orlebar as executor of the will of John Hale Orlebar
now: (i) – (iv) and (vi) release trustees and former trustees from all actions etc. in respect of trust funds and premises settled by the said Settlement.
First Schedule.
Trustees of Admiral and Mrs. Orlebar’s Settlement of 5 February 1838. Capital Account from date of Deed of Release 24 March 1892 to 20 August 1898
Second Schedule.
Particulars of Trust Funds available for division among the beneficiaries and of sums to be brought into hotchpot by them.
V332/1 Rough notes relating to First Schedule
Level of description
item