Declaration of Trust

Surrey History Centre Document Reference 7052/7/8

Transcript © Marcus Bateman 2005 

11th April 1795 Messrs COUSSMAKER and HAYDON And Mr PICKSTONE and Wife

This Indenture made the 11th day of April in the fifth year of the reign of Our Sovereign Lord King George the Third by the grace of God of Great Britain France and Ireland King defender of the Faith [?] and in the year of Our Lord 1795.

Between Lannoy Richard COUSSMAKER of Westwood in the parish of Worplesdon in the county of Surrey Esquire and William HAYDON Of Guildford in the same County Banker of the first part and Joseph PICKSTONE of Guildford aforesaid Gentleman and Elizabeth his wife of the other part.

Whereas by Indenture of Settlement of three parties bearing date the  31st January 1789 made between the said Joseph PICKSTONE of the first part the said Elizabeth his new wife by her then name addition and description of Elizabeth BUDD late of the Island of Guernsey spinster of the second part and Thomas GREGORY therein named and the said  Lannoy Richard COUSSMAKER and William HAYDON of the third part.

Reciting that a marriage was intended to be had between the said Joseph PICKSTONE and Elizabeth BUDD and that it had been agreed that the several sums of money therein particularly mentioned being partly the monies of the said Joseph PICKSTONE and partly the monies of the said Elizabeth BUDD and making together the principal sum of five thousand pounds consolidated three per cent Bank Annuities should be respectively transferred to and vested in the said Thomas GREGORY  Lannoy Richard COUSSMAKER and William HAYDON.

Upon Trusts therein after declared concerning the same and that the said of five thousand pounds consolidated three per cent Bank Annuities had been transferred Thomas GREGORY  Lannoy Richard COUSSMAKER and William HAYDON and were then standing in their names in the Books of the Bank of England kept for that purpose.  And in order to declare the trusts of the said entire sum of five thousand pounds.

It is witnessed that in consideration of the said intended marriage. It was thereby declared and agreed by and between all the said parties that the said Thomas GREGORY  Lannoy Richard COUSSMAKER and William HAYDON and the survivors and survivor of them and the Executors Administrators and Assigns of such survivor should stand and be possessed of and interested in the said principal sum of five thousand pounds and of all Interest Dividends and yearly proceed arising and to b e produced from the same from and after the solemnisation of the said intended marriage

Upon the Trusts  and to and for the intents and purposes and subject to the powers provisions declarations and agreements therein expressed declared and contained of and concerning the same.

And it was in and by the said Indenture of settlement provided declared and agreed between all the said parties there it should be lawful for the said Thomas GREGORY  Lannoy Richard COUSSMAKER and William HAYDON by and with the consent and approbation of the said Joseph PICKSTONE and Elizabeth his then intended wife at any time to make sale and transfer the said sum of five thousand pounds consolidated three per cent annuities or any part thereof for the current price of the same might then bear and lay out and invest the money arising from such sale or transfer in the purchase messuages lands tenements and hereditaments to be settle and conveyed and assured in manner particularly directed in and by the said indenture of settlement

And it was thereby further provided declared and agreed that in the meantime and until the five thousand pounds consolidated three per cent Bank annuities should be laid out in such purchase it should be lawful to and for the said Thomas GREGORY  Lannoy Richard COUSSMAKER and William HAYDON by and with the consent and approbation of the said Joseph PICKSTONE and Elizabeth to sell and transfer the said invest the money arising by such sale in or upon any public funds or on real or Government securities at interest and from time to time to receive in the money from such Securities and to alter transfer and change the funds and Securities upon which the said trust monies should be invested so often as the Trustees should think fit as in and by the said recited Indenture relation being thereunto had the same will more fully and at large appear.

And where as the said intended Marriage was had and solemnised between the said Joseph PICKSTONE and Elizabeth BUDD soon after the date and execution of the said recited Indenture.

And whereas the said  Thomas GREGORY  Lannoy Richard COUSSMAKER and William HAYDON by and with the consent and approbation of the said Joseph PICKSTONE and Elizabeth his wife did on the 23rd August 1791 sell and transfer the said sum of five thousand pounds consolidated three per cent Bank annuities at the rate of eighty eight pounds and fifteen shillings per cent being the current price the same did bear and the sum produced by such sale and transfer was four thousand four hundred and thirty pounds 17 shillings and 6 pence.

And whereas the said Thomas GREGORY  Lannoy Richard COUSSMAKER and William HAYDON by and with the consent and approbation of the said Joseph PICKSTONE and Elizabeth his then intended wife did advance and lend out at Interest the said four thousand four hundred and thirty pounds 17 shillings and 6 pence or the greater part thereof on a mortgage or mortgages of Divers freehold messuages lands tenements and hereditaments in the County of Surrey.

And whereas the said Thomas GREGORY one of the said trustees having frequent requirement to leave this kingdom and go aboard in Foreign parts has declined acting in and been desirous to be discharged from the trusts reposed in him by the said recited Indenture and has therefore and with the consent and approbation of the said Joseph PICKSTONE and Elizabeth his then intended wife and with the consent and approbation of the said Joseph PICKSTONE and Elizabeth his wife executed a certain indenture or deed of relinquishment of trust bearing the date on or about the 2nd March 1793 made between the said Thomas GREGORY of the first part the said Joseph PICKSTONE and Elizabeth his wife of the second part and the  Lannoy Richard COUSSMAKER and William HAYDON of the third part whereby the said Thomas GREGORY hath renounced and relinquished all and all manner of power and authority of acting and joining in acting in the trusts contained in the said recited Indenture of Settlement or any of them.

And whereas the said Lannoy Richard COUSSMAKER and William HAYDON have since the relinquishment of the said trusts by the said Thomas GREGORY aforesaid called in and received the whole of the said four thousand four hundred and thirty pounds 17 shillings and 6 pence and with the consent and approbation of the said Joseph PICKSTONE and Elizabeth his wife they the said Lannoy Richard COUSSMAKER and William HAYDON did on 24th day of March last past lay out and invest the said of four thousand four hundred and thirty pounds 17 shillings and 6 pence.

[New Page]

In the purchase of seven thousand one hundred and thirty two pounds and 4 shillings consolidated three per cent Annuities transferable at the Bank of England and the same hath been transferred to and now stand in the names of the said Lannoy Richard COUSSMAKER and William HAYDON as they do hereby acknowledge and declare.

Now this Indenture witnesseth and it is hereby covenanted Declared and Agreed upon by and between all the said parties hereto and it is true intent and meaning of them and of there presents That the said Lannoy Richard COUSSMAKER and William HAYDON and the survivors and survivor of them and the executors and administrators of such survivor shall stand and be possessed and interested in the said sum of   seven thousand one hundred and thirty two pounds and 4 shillings consolidated three per cent Bank Annuities and of all dividends interest arise thereof and that the said Principal sum  Dividend and Interest and every of them shall be subject to upon the several trusts and also subject to with under and under the several powers provisions applications appointments intents and purposes as are mentioned expressed declared in and my the said hereinbefore in part recited Indenture of settlement of and concerning the said sum of five thousand pounds consolidated three per cent Bank annuities and to for or upon no other trust intent or purpose whatsoever.

And the said Joseph PICKSTONE doth hereby acknowledge to have received all dividends which accrued upon the said five thousand pounds consolidated three per cent annuities to the time the same were sold as aforesaid. And also all interest monies for the sum of four thousand four hundred and thirty pounds 17 shillings and 6 pence.

Produced by the sale thereof to the time the same sum of four thousand four hundred and thirty pounds 17 shillings and 6 pence was laid out in the purchase of the said seven thousand one hundred and thirty two pounds and 4 shillings consolidated three per cent Annuities as above mentioned.

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

L R COUSSMAKER [Seal]

WM HAYDON [Seal]

Joseph PICKSTONE [Seal]

Elizabeth PICKSTONE [Seal]

Sealed and delivered in the presence of

Joseph HOCKLEY

Charles C S MORSLEY

[End]