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The Shakespeare and Overton Family
Re OVERTON.
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CASE FOR THE OPINION OF COUNSEL.
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The following papers accompany:-
1. Copy Will of William Grosvenor Shakespear dated 20th June 1902.
2. Counterpart Lease dated 14th March 1913. - Grosvenor Overton
to The Arley Colliery Company Limited.
3. Copy Order dated 19th May 1913 under The Settled Land Acts 1882 to 1890.
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Counsel will see by the copy Will above-mentioned that
the Testator gave and devised his farm lands with the messuage or Farm House and
outbuildings thereon,situate at Fillongley in the County of Warwick and known as
Tippers Hill Farm to the use of his nephew Grosvenor Overton during his life
without
impeachment of waste, with the remainder to the use of the first and other sons
of the
said Grosvenor Overton successively according to seniorities in tail generally
etc. By
the Mining Lease of 14th March 1913 the mines under the farm were leased to The
Arley
Colliery Co Ltd for 21 years from the 1st July 1912 at a minimum rent of £50 per
half
year. for the last few years the seams have not been worked, the minimum rent
only
being payable, and it is extremely doubtful whether they will be worked in the
future.
After deducting income tax at the current rate, the amiu8nt which Mr Grosvenor
Overton
received per half year is £35 only, of which he retains three-fourths, the
remaining
one-fourth being paid to Messrs Mason and Sydenham, the Trustees appointed by
the Order
of 19th May 1913.
My Overton has one child only, namely a son - Max William
Grosvenor Overton, an infant under the age of 21 years.
As the proportion of Income Tax attributable to the one-fourth
share payable to such Trustees amounts to a considerable item in the course of
three years, a claim was made for a return of such tax, but the authorities have
declined to make a re-payment, their last letter being in the following terms:-
" Section 11 of the Settled Land Act 1882 is "under a Mining Lease whether the
" mines or minerals leased are already opened or in work or not, unless a
contrary
" intention is expressed in the settlement, there shall be from time to time set
" aside as capital money arising under this Act, part of the rent as follows,
namely:-
" where the tenant for life is impeachable for waste in respect of waste in
respect of
" minerals, three-fourths part of the rent, and otherwise one-fourth part
thereof,
" and in every such case the residue of the rent shall go as rents and profits.
The
" one-fourth part must be regarded as capitalised and fall into the estate in
which
" the minor has an expectant interest onlY". The letter concluded that under the
above circumstances there did not appear to be any ground for re-payment.
Counsel is requested to advise:-
1. Whether the Trustees can successfully persist in their claim to
re-payment, and assuming that they cannot do so,
2. Whether the Colliery Company can be called upon to pay the
one-fourth clear of tax, and
3. Generally.
This DEED OF APPOINTMENT
is made the second
day of May One thousand nine
hundred and sixty five BETWEEN MAX WILLIAM GROSVENOR OVERTON of
"Badajoz" 170 Station Road Mickleover Derbyshire (hereinafter called "the
Appointor") of the one part and URSULA MARGARET BRAITHWAITE OVERTON wife
of the said Max William Grosvenor Overton (hereinafter called "the New
Trustee") of the other part.
WHEREAS
1. THIS Deed is supplemental to a Settlement (hereinafter called "the
Settlement") created by a Will dated the Twentieth day of June One thousand
nine hundred and two of William Grosvenor Shakespeare which was proved by
the Executors therein named, William Overton, Samuel William Hughes and
Florence Mary Overton on the Fifth day of November One thousand nine
hundred and four at the Principal Probate Registry.
2. BY an Order of the High Court of Justice in the Chancery Division by
Mr. Justice Warrington on the Nineteenth day of May One thousand nine
hundred and thirteen James Rooker Mason and Frederick William Sydenham
were appointed Trustees of the Settlement for the purposes of the Settled
Land Acts 1882 and 1890.
3. BY a Deed of Appointment dated the Twelth day of June One thousand
nine hundred and twenty five and made between the said James Rooker Mason
and Frederick William Sydenham of the one part and Grosvenor Overton and
the said Max William Grosvenor Overton of the other part the said Grosvenor
Overton and the said Max William Grosvenor Overton were appointed Trustees
of the Settlement for the purposes of the Settled Land Act in the place
of the said James Rooker Mason and Frederick William Sydenham.
4. THE said Grosvenor Overton died on the Twentieth day of October One
thousand nine hundred and sixty.
5. THE said Max William Grosvenor Overton is desirous of appointing the
said Ursula Margaret Braithwaite Overton to be Trustee of the Settlement
in the place of the said Grosvenor Overton for the purposes of the Settled
Land Act 1925.
6. TIPPERS HILL FARM, Fillongley in the County of Warwick originally
forming part of the trust property was subsequently sold and particulars
of the property now subject to the Trusts of the Settlement are set forth
in the Schedule hereunder written.
NOW THIS DEED WITNESSETH as follows:-
IN pursuance of the power conferred upon him by the Trustee Act 1925
and of every other power him enabling the said Max William Grosvenor
Overton hereby appoints the said Ursula Margaret Braithwaite Overton to be
a Trustee of the Settlement in the place of the said Grosvenor Overton
deceased for all the purposes of the Settled Land Act of 1925.
IN WITNESS whereof the parties hereto have hereunto set their hands
and seals the day and year first before written.
THE SCHEDULE before referred to.
ALL THAT piece or parcel of land (forming part of a close of land called
"the Windmill Piece") situate at the Windmill in the Parish of Walsall in
the County of Stafford fronting to a road called Follyhouse Lane and abutt-
ing backwards on land known as "Fairfield Mount" and which said piece of
land now in description contains by estimation an area of One thousand and
ninety two square yards thereabouts or the same more or less.
ALL THAT messuage or dwellinghouse and premises situate and numbered 5,
Fairfield Mount Highgate Road Walsall aforesaid together with the yard
garden and appurtenances thereto belonging.
Securities
1. £427. 3s. 9d. 3% British Transport Guaranteed Stock 1978 to 1988.
2. £577.10s. 0d. British Iron and Steel 3t% Guaranteed Stock 1979 to 1981.
3. £1325.5s. 0d. 3i% War Stock.
4. 110.Sub Units Group No.1 Century Trust Second Series.
5. 710 Selective Unit Trust New Series "B" Units.
6. £300.0.0. Loan on Mortgage to Willenhall Urban District Council at 51/2%
SIGNED SEALED AND DELIVERED by the
said MAX WILLIAM GROSVENOR OVERTON
in the presence of:-
WITNESS's SIGNATURE Rev R N Rendell
ADDRESS St Anne's Vicarge
Shephfield Row
Derby
DESCRIPTION Cleark in Holy Orders
SIGNED SEALED AND DELIVERED by the
said URSULA MARGARET BRAITHWAITE
OVERTON in the presence of:-
WITNESS's SIGNATURE Rev R N Rendell
ADDRESS St Anne's Vicarge
Shephfield Row
Derby
DESCRIPTION Cleark in Holy Orders
This Vesting Deed is
made
the twenty third
day of September One thousand nine hundred and thirty
two BETWEEN GROSvENOR OVERTON Leather Merchant and
MAX WILLIAM GROSVENOR OVERTON Surveyor both o£ 5 Fairfield
Mount Highgate Road Walsall in the County o£ Stafford
(hereinafter called "the Trustees") o£ the one part and the
said GROSVENOR OVERTON o£ the other part:
WHEREAS under a Settlement made by the Will dated the
Twentieth day of June One thousand nine hundred and two and
proved on the Fifth day of November One thousand nine
hundred and four in the Principal Probate Registry by the
Executors and Executrix therein named of William Grosvenor
Shakespear late of Penzance in the County o£ Cornwall who
died on the Eighteenth day of May One thousand nine hundred
and four the said Grosvenor Overton is entitled during his
life to certain moneys forming part of the Settled Estate
of the said William Grosvenor Shakespear:
AND WHEREAS by an Order of the High Court of Justice
made in the Chancery Division by Mr. Justice Warrington on
the Nineteenth day of May One thousand nine hundred and
thirteen James Rooker Mason of 72 Persehouse Street Walsall
aforesaid Currier and Frederick William Sydenham of Lichfield
Street Walsall aforesaid Surgeon were appointed the Trustees
of the said Settl6ment for the purposes of The Settled
Land Acts 1882 to 1890:
AND WHERREAS by a Deed of Appointment made on the
Twelfth day of June One thousand nine hundred and twenty
five between the said James Rooker Mason and Frederick
William Sydenham of the one part and the Trustees of the
other part the Trustees were appointed Trustees of the
said Settlement in the place of the said James Rooker
Mason and Frederick William Sydenham for all the purposes
of the said Settlement or such of the same purposes as
were still subsisting and capable of taking effect and
the said James Rooker Mason and Frederick William
Sydenham thereby declared that all and singular the estate
then subject to the said Settlement and capable of being
vested by that declaration should vest in the Trustees
as joint tenants:
AND WHEREAS the said Grosvenor Overton has requested
the Trustees to execute this Vesting Deed:
NOW for giving effect to the requirements of The
Settled Land Act 1925 THIS DEED WITNESSETH as follows:-
1. THE Trustees AS TRUSTEES hereby declare that -
ALL AND SINGULAR the hereditaments and premises
mentioned in the Schedule hereto and all other (if any)
the premises capable of being vested by this declaration
which are now by any means subject to the limitations of
the recited Settlement are vested in the said Grosvenor
Overton in fee simple:
2. THE said Grosvenor Overton shall stand possessed of the
premises upon the trusts and subject to the powers and
provisions upon and subject to which under the recited
Settlement or otherwise the same ought to be held from
time to time:
3. THE Trustees are the Trustees of the Settlement for the
purposes of The Settled Land Act 1925:
4. THE power to appoint a new Trustee or new Trustees of
the Settlement is vested in the said Grosvenor Overton
during his life:
IN WITNESS whereo£ the said parties to these present
have hereunto set their hands and seals the day and year
first before written:
THE SCHEDULE above referred to.
ALL THAT messuage dwellinghouse and premises situate and
Numbered 5 Fairfield Mount Highgate Road Walsall aforesaid
Together with the yard garden and appurtenances thereto
belonging as now in the occupation of the said Grosvenor
Overton.
SIGNED SEALED AND DELIVERED
by the said GROSVENOR
OVERTON in the presence of
Arthur F Griffin
Solicitor, Walsall
SIGNED SEALED AND DELIVERED
by the said MAX WILLIAM
GROSVENOR OVERTON in the
presence of
Arthur F Griffin
This Vesting Deed is
made
the fifth
day of November One thousand nine hundred and thirty
two BETWEEN GROSVENOR OVERTON Leather Merchant and
MAX WILLIAM GROSVENOR OVERTON Surveyor both of 5 Fairfield
Mount Highgate Road Walsall in the County of Stafford
(hereinafter called "the Trustees") of the one part and
the said GROSVENOR OVERTON of the other part:
WHEREAS under a Settlement made by the Will dated the
Twentieth day of June One thousand nine hundred and two
and proved on the Fifth day of November One thousand nine
hundred and four in the Principal Probate Registry by the
Executors and Executrix therein named of William Grosvenor
Shakespear late of Penzance in the County of Cornwall who
died on the Eighteenth day of May One thousand nine hundred
and four the said Grosvenor Overton is entitled during his
life to certain moneys forming part of the Settled Estate
of the said William Grosvenor Shakespear:
AND WHEREAS by an Order of the High Court of Justice
made in the Chancery Division by Mr. Justice Warrington on
the Nineteenth day of May One thousand nine hundred and
thirteen James Rooker Mason of 72 Persehouse Street Walsall
aforesaid Currier and Frederick William Sydenham of
Lichfield Street Walsall aforesaid Surgeon were appointed
the Trustees of the said Settlement for the purposes of The
Settled Land Acts 1882 to 1890:
AND WHEREAS by a Deed of Appointment made on the
Twelfth day of June One thousand nine hundred and twenty
five between the said James Rooker Mason and Frederick
William Sydenham of the one part and the Trustees of the
other part the Trustees were appointed Trustees of the
said Settlement in the place of the said James Rooker
Mason and Frederick Willirom Sydenham for all the purposes
of the said Settlement or such of the same purposes as were
still subsisting and capable of taking effect and the said
James Rooker Mason and Frederick William Sydenham thereby
declared that all and singular the estate then subject to
the said Settlement and capable of being vested by that
declaration should vest in the Trustees as joint tenants:
AND WHEREAS the said Grosvenor Overton has requested
the Trustees to execute this Vesting Deed:
NOW for giving effect to the requiraments of The
Settled Land Act 1925 THIS DEED WITNESSETH as fo1Iows:-
1. THE Trustees AS TRUSTEES hereby declare that -
ALL AND SINGULAR the hereditaments and premises
mentioned in the Schedule hereto and all other (if any)
the premises capable of being vested by this declaration
which are now by any means subject to the limitations of
the recited Settlement are vested in the said Grosvenor
Overton in fee simple:
2. THE said Grosvenor Overton shall stand possessed of the
premises upon the trusts and subject to the powers and
provisions upon and subject to which under the recited
Settlement or otherwise the same ought to be held from time
to time:
3. THE Trustees are the Trustees of the Settlement for the
purposes of The Settled Land Act 1925:
1. THE power to appoint a new Trustee or new Trustees of
the Settlement is vested in the said Grosvenor Overton
during his life:
IN WITNESS whereof the said parties to these presents
have hereunto set their hands and seals the day and year
first before written:
THE SCHEDULE above referred to.
ALL THAT piece or parcel of land (formerly part of a close
of land called "the Windmill Piece") situate at The Windmill
in the Parish of Walsall aforesaid fronting to a road
called Follyhouse Lane and abutting backwards on land known
as "Fairfield Mount" and which said piece of land now in
description contains by estimation an area of one thousand
and ninety two square yards or thereabouts be the same more
or less.
SIGNED SEALED AND DELIVERED
by the said GROSVENOR
OVERTON in the presence of
Arthur F Griffin
Solicitor, Walsall
SIGNED SEALED AND DELIVERED
by the said MAX WILLIAM
GROSVENOR OVERTON in the
presence of
Arthur F Griffin
Note: William Grosvenor Shakespeare was a descendant of the Fillongley family.
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