Scope and Content
i) Sir John Montagu Burgoyne, Sutton Park, baronet
ii) Anne Podmore Hunter, 4 Morton Crescent, Exmouth, Devon, widow
iii) Katherine Louisa Burgoyne, wife of Sir John
Henry Anthony Hare, Much Hadham, Hertfordshire, solicitor
reciting death of Henry Nealson Smith, late of Great Russel Street, Middlesex, who by his will dated 2 Feb 1853 appointed Francis Curwen Smith, Sir Henry Meux, baronet and Richard Gilpin as his executors and bequeathed to them £20,000 in trust to pay income to daughter Amy Smith for life, and then for her children. If no children then as daughter should appoint by will. In default the money to fall into his residuary estate. Trustees also had power to settle such sum on daughter by proper deed. Trustees might lend money to firm of Henry Meux. Power given to appoint new trustees
Henry Nealson Smith died on 21 February 1853. Will proved 18 March 1853
In July 1856 George William Shury was appointed trustee in place of Sir Henry Meux
Said Sir Henry Meux and co-partners Dudley Coutts Marjoribanks and Richard Berridge (who together form the firm of Henry Meux and Company) paid to trustees said sum of £20,000 and the trustees lent the said sum to the firm on the security of a Bond of 10 July 1856.
reciting also the marriage settlement of 8 October 1856 of Sir John Montagu Burgoyne and Amy Smith. Trustees deemed it advisable to revoke trusts of will of Henry Nealson Smith, and to settle £20,000 upon trusts in settlement.
By said settlement Sir John Montagu Burgoyne assigned to trustees his 1/3rd part in £8,012..9s..8d Consols and 2 principal sums of £5,000 to pay income to him for life and then to Amy Smith with remainder in trust for the children of the marriage and in default of such children (which event happened) in trust for Sir John Montagu Burgoyne
Marriage took place shortly after date of Settlement
Sum of £8,012..9s..8d Consols was sold out in April 1867. Out of proceeds, amounting to £7,503..17s..9d, the trustees of the Dowager Lady Burgoyne's settlement invested £7,488..3s..6d in purchase of 2 perpetual rent charges of £150 each charged on Sutton Estate. Remainder - £15..4s..3d used in cost of appointing new trustees.
reciting appointment of new trustees (William St Julien Arabin and John Hunter) of the marriage settlement of Sir John Montagu Burgoyne and Amy his wife, dated 14 June 1882
Also the discharge of Willoughby John Guthrie Loudon as trustee of the settlement, 5 November 1888
Reciting also the investment of the £20,000 in Preference Shares in the newly created firm of Meux's Brewery Company in December 1888.
Reciting also that there had been no children of the marriage of Sir John Montagu Burgoyne and Amy Smith
reciting will of Amy Burgoyne, proved (Principal Probate Registry) on 27 November 1895
After her death, William St Julien Arabin and John Hunter sold 225 Preference Shares in Meux's Brewery Company which realised £3,301..16s..6d out of which they paid £3,142..9s..3d to Sir John Montagu Burgoyne on account of £10,000 and £130..13s..5d in full of legacy duty payable on death of Amy Burgoyne under will of Henry Nealson Smith in respect of £20,000. £28..13s..10d used in payment of trustees' costs and charges
Trustees transferred to Sir John Montagu Burgoyne 458 shares in Meux's Brewery Company Limited on 17 April 1895 (valued at £15 per share) which with £3,142..9s..3d, Sir John Montagu Burgoyne accepted in full discharge of sum of £10.000 in his favour by Amy, Lady Burgoyne
Trustees retained remaining 1,117 shares in trust to pay income to Sir John Montagu Burgoyne for life
reciting deed of 2 May 1896 by which trustees assigned to said Sir John Montagu Burgoyne the said 1/3rd part in 2 rent charges of £150 each and said 2 sums of £5,000. Trustees to retain said 1,117 shares during life of Sir John, who covenanted to indemnify trustees from all claims as such investment was not authorized by terms of will and Settlement
William St Julien Arabin died on 24 September 1907
By Memorandum of Charge of 10 June 1908 Sir John Montagu Burgoyne declared that securities in Schedule which were to be lodged in name of Robert Lewin Hunter and Charles Gayton should stand charge in favour of John Hunter for securing performance of said indemnity
Charles Gayton died on 22 April 1914 and said securities are now lodged in names of Robert Lewin Hunter and Henry Anthony Hare.
In 1909 Sir John Montagu Burgoyne paid to Sophia, Amy and Montagu Turton the sum of £1,000 in full discharge of legacy of £2,500 expectant on death of Sir John Montagu Burgoyne
John Hunter died on 10 October 1914. ii) appointed sole executrix of will proved (Principal Probate Registry) 14 November 1914
ii) having been advised that agreement of 2 May 1918 to hold said 1,117 shares during the life of Sir John Montagu Burgoyne, was ultra vires, recently sold them and realised sum of £7,774..11s..6d
ii) wishes to be discharged from the trusts of the settlement and iii) to be appointed in her place
£68..16s..7d has been applied in costs of this deed and it is intended that £7,005..15s..11d (making said sum of £7,774..11s..6d) should be invested in 5% War Loan in names of iii)
Securities specified in schedule shall be retained in joint names of Robert Lewin Hunter and Henry Anthony Hare for purpose of indemnifying iii) and ii) and estate of Robert Lewin Hunter against any claims which may arise at death of i)
now i) appoints iii) trustees of the Settlement in place of ii)
Schedule
… deeds and documents relating to 21 messuages etc. in Parish of Featherstone, Yorkshire, in mortgage to i) to secure £1,900 and interest 1894-1896
… deeds and documents relating to a leasehold messuage in the Dean Park, Bournemouth in mortgage to i) for £700 and interest 1875-1914
signatures of all
witnesses: Frederick Muirhead, Sutton Park, Bedfordshire
Fanny Joan Bowles, widow, 9 Marton Crescent, Exmouth