Appointment of new trustees (ACC5369/51)


Amongst the records of the firm of Donne, Mileham and Haddock of Brighton, solicitors deposited at this office is an

appointment of new trustees (Arthur William Woods of Brighton, gentleman and the Rev John Wenham of West Clandon, Surrey) under her marriage settlement by

Mary James Mitchell, 30 New Broad Street, City of London, widow, witnessed by ?J P W Barns, 48 Bishopsgate Street Within, outfitter and

Charles James Fox, 30 New Bond Street, MD,9 Apr 1863

(ref ACC 5369/51).

The deed is long and complicated, which is quite standard for this type of document. I have attempted to summarise the contents as follows:

The deed recites the marriage settlement between Robert Deeble Mitchell and Mary James Fox, 2 Nov 1825, made between Joseph Fox of Plymouth, Devon, doctor of physic, his daughter Mary James Fox, and Robert Deeble Mitchell of Windsor, Berkshire, surgeon and apothecary, and John Christophers of Tottenham Court Road, Middlesex, gentlentan, anci John Penberthy Magor of Truro, Cornwall, banker, of the fourth part:

JF and MJF had transferred the f2000 new 4% bank annuities into the names of JC and JPM in trust

RDM had transferred [1 1 50 3% consolidated bank annuities into the names of JC and JPM in trust;

lifehold estate in Mylor, Cornwall (occupied by Lieutenant Spence and others) limited on the decease of JF and his wife Elizabeth to the use of Emily Fox (another daughter), subject to payment of f600 to MJF and f600 to her sister Sophia James Fox, payable upon the decease of the survivor of JF and EF, this f600 assigned to JC and JPM in trust.

Recites that in 1840 the trustees (JC and JPM), at the request of RDM and MJM, sold the sums f2000 4% bank annuities (which had been converted into f2000 31/zoh annuities) and
f1 1bO 37o annuities for f3046 which was invested in a mortage of a freehold house and premises in Aldersgate Street, City of London.

Recites the death of RDM on 2 Nov 1843 leaving his widow and sons Robert Fox Mitchell (15 years), Charles Deeble Mitchell (11 years) and Edward Hitchins Mitchell (9 years).

Recites declaration by MJM that the f600 should be used for the benefit of RFM and CDM - [300 to RFM and [250 to CDM.

Recites death of JC on lblankl 184O.

Recites that in 1840 JPM called in the mortgage and invested the proceeds of f3O37 in f:!265 6s 1d 3% annuities'

Recites death of JPM on 5 Jul 1862 who by his will (dated 4 Jul 1860) proved on 24 Nov 1g62 at Bodmin, cornwall, appointed the Rev Charles Matthew Edward Collins, clerk, Joseph Roberts, gent and JPM's wife Elizabeth Ann Moyle Magor as his executors and executrix
Endorsed on the deed is an appointment,6 Jun
William Barrell of Lancing, gentlemen: recites the appontment of WB in his place; witnessed by G D and G Howell, Lancing, grocer.

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