Skip to main content
Service phase: Beta

This is a new way to search our records, which we're still working on. Alternatively you can search our existing catalogue, Discovery.

File

Copy deed

Catalogue reference: 612/53

What’s it about?

This record is a file about the Copy deed dating from 19 January, 1860.

Access information is unavailable

Sorry, information for accessing this record is currently unavailable online. Please try again later.

Full description and record details

Reference
612/53
Title
Copy deed
Date
19 January, 1860
Description

1. Rev. George Pearson, rector of Castle Camps, Cambridge.

2. Ann Humberston of Newton Hall, near Chester, spinster.

3. Vincent Roger Corbet of Shrewsbury Esq., and Maria his wife.

4. Mary Elizabeth Humberston of Newton Hall, spinster.

5. William Hall, Eccles, a Lieutenant in the Rifle Brigade.

6. Philip Stapleton Humberston of Little Mollington, Chester, Esq., M.P.

Reciting former instruments as follows:-

Philip Humberston, late of Chester Esq., deceased by his last will 27 June 1832, bequeathed to his wife Catherina Maria Humberston the residue of his personal estate after his debts etc. were paid for life, relying upon her maintaining his children. After her death, the estate to go to his children in equal shares, except that he wished his son Philip Stapleton Humberston to have £500 more than the others. The testator disposed of the estates vested in him as trustee or mortgages and gave 2 legacies of £300 and £200 and a year's wages to certain servants. He appointed his wife and son Philip executors. He wrote a condicil, undated and unwitnessed "I have omitted the Houses in Wrexham but it is immaterial as I should have given them and the Elton land taken for Ezra Platt's debts to him (my son) the said Philip Humberston died 20 July, 1844, and the will and codicil were proved 7 January, 1845, in Prerogative Court of Canterbury and 21 October in Court of York. At the time of his death his wife and Frances Humberston afterwards the wife of the Rev. Robert Yarker, subsequently deceased, Catherine Pearson wife of Geo. Pearson, since deceased, Ann Humberston, Maria Corbet, Philip Stapleton Humberston and Mary Elizabeth Humberston, were all living.

Sophia Humberton a daughter, was married after the date of his will to Wm. Eccles of Davenham, Chester, Esq., and died 28 May 1839 in the testator's life-time, leaving her husband and Wm. Hall, Eccles her only son, surviving.

By an indenture of 28 October 1844 between Francis Humberston, Geo. Pearson & Catherine his wife, Anne Humberston, Vincent Roger Corbet and Maria his wife, P.S. Humberston and Mary Elizabeth Humberston (1), and Catherina Maria Humberston and Philip Stapleton Humberston (2). The first parties were desirous of making a provision Wm. Hall Eccles. Part of the property of the said Philip Humberston consisted of pictures, prints, books, etc. horse and carriages, which they desired should not be converted into money but left for Catherina to enjoy, and after her death the plate and so much (if any) of the wine as she should not have consumed should become the property of P.S. Humberston. Effect should be given to the pencil codicil. It was considered by the persons of the first party that the persons acting as executors should arrange the affairs of P. Humberston "in manner therein appearing".

They authorised that after the death of C. M. Humberston the executor surviving or should take £300 from the sale of the personal estate, to hold upon trusts. In trust in case W. H. Eccles should attain the age of 21 years before the death of Catherina, the sum is to be paid to him.

And all the members of the first party agreed that the person acting in execution of the will, out of the equal share to which each would be entitled, one 6th share so to be invested.

The first party also assigned to P.S. Humberston all the plate and the rest of the wine subject to the aforesaid life interest for the benefit of C. M. Humberston. The sale of the personal effects might be postponed till after her death, and the executors to invest such moneys as had arisen from the residuary personal estate in public funds etc. To pay debts.

P. S. Humberston to act as attorney in matters of the estate.

As to codicil - P. S. Humberston to be entitled to proceeds arising from sale of the premises at Elton.

By an indenture 26 February, 1845 between Frances Humberston, George Pearson and Catherine his wife, Anne Humberston, Vincent Roger Corbet and Maria his wife, and Mary Elizabeth Humberston (1) and P. S. Humberston (2).

Since the execution of 28 October 1844 it was discovered that property left by P. Humberston greatly exceeded what had been estimated, and that his property increased from the time of his son's P. S. Humberston's becoming a partner with him as attorney and solicitor, the First party, now in consideration of the love they bear their brother P.S. Humberston, and in order to render him independent of professional exertions, they wish to increase his share, in case property, after all obligations have been met, produces for each of them as their share £12000, i.e. of Frances, Anne, Maria & Mary Elizabeth, all the surplus is to go to Philip Stapleton, unless his share of £12,000 plus this surplus exceed £42,000, the excess over that sum to be divided among all the children. If the estate does not leave enough for Philip's share, the others are to make up his share to be equal.

By indenture of 6 December, 1845. Between F. Humberstone, Geo. Pearson and Cath. his wife, Anne Humberston, V. R. Corbet and Maria his wife, P.S. Humberston and M. E. Humberston (1), and C. M. Humberston & P.S. Humberston (2), for making a further provision for W. H. Eccles, that P. S. Humberston, as executor of the will, should after death of C. M. Humberston levy from the personal effects a further sum of £3000 to the absolute use of Wm. Eccles. Each of the first party covenant that the executor shall have a 6th part of each of their shares in respect of the £3,000, unless P. S. Humberston's share as appointed under indenture of 24 February, 1845 amounts to £15,000 in which case the £3,000 is to be paid out of his share.

By an indenture 29 December 1847 between Robert Yarker (1) and Frances Humberston (2), Philip Stapleston Humberston and Catherine Maria Humberston (3), George Bowen of Coton Hall, Salop, Esq., and Rev. George Edward Lynch Cotton of Rugby, Warwicks, clerk (4), being the settlement previous to the marriage between Robert Yarker and Frances Humberston

Confirmation of deeds of 28 October, 1844 and 26 February, 1845, settlement on Frances of the £12,000 agreed as her share and any further share available as under the former deeds.

Frances Yarker was left a widow, with no children. She made her will 22 March 1854, leaving the residue of her personal estate to Philip Stapleton Humberton and appointed him her executor. She died 4 January, 1855.

No settlement was made on the marriage of Catherine with Geo. Pearson. She died 15 June, 1859 intestate. Administration granted to Geo. Pearson. Catherine Maria died 23 August, 1859. William Hall Eccles attained the age of 21 24 March 1859.

The accounts of P. S. Humberston's executorship and the partnership accounts have been examined. An ultimate balance of £133,000 exclusive of plate and wine is now divisible as follows:-

£3000 to William Hall Eccles. 6 sums of £1200 (to Geo. Pearson, to Anne Humberston, to Vincent Roger Corbet, and Maria his wife, to Elizabeth Humberston, to P. S. Humberston, on his own account and executor of Frances). A further £3000 to William Hall Eccles, and £27,000 to P. S. Humberston (see arrangement of recited indenture 26 February, 1845). The remaining £28,000 between G. Pearson, Anne Humberston, Vincent Roger Corbet, and Mary Humberston (a 6th each, and 2/6ths to P. S. Humberston. (Note that draft mentions that P. S. Humberston will pay the £3000 out of his own money, leaving the sum divisible at £31,000. The shares have been paid out, secured on mortgages in Denbighshire (Sutton Iscoed) and in addition to his agreed share P. S. Humberston has taken possession of plate etc. (note in margin that he kept some presented articles shared the rest with his sisters no wine remains, the furniture is retained by Miss Humberston and Miss Mary Humberston) and gives to his nephew William Hall Eccles a further £4000.

Now, the 5 parties of this agreement acquit the sixth (i.e. P. S. Humberston) from all actions etc.

Any actions for loss likely to be sustained by the firm from the period before P. S. Humberston entered into partnership with his father, to be sustained by them all from the estate one eighth by the first five parties, 4/8ths by P. S. Humberston. 3/8ths by P. S. Humberston on his own account, and one eighth on account of his executorship for Frances Yarks.

Copy of note in margin.

Jos. Jno. Collins approval of the draft on behalf of the Rev. Geo. Pearson, Saffron Waldon 5 December, 1859.

Henry Bloxon's approval of the draft on behalf of C.V.R. Corbett, Esq., Shrewsbury Dec. 20, 1859.

Held by
Shropshire Archives
Language
English
Record URL
https://beta.nationalarchives.gov.uk/catalogue/id/4183ba57-80a1-45b0-8131-a1188ef3efb8/

Series information

612

Papers relating Shrewsbury Waterworks etc

See the series level description for more information about this record.

View series description

Catalogue hierarchy

120,163 records

This record is held at Shropshire Archives

440 records

Within the fonds: 163, 215, 227, 261, 416, 443, 610, 612

The Stobbs Collection

81 records

Within the series: 612

Papers relating Shrewsbury Waterworks etc

You are currently looking at the file: 612/53

Copy deed