The Zimapanners

 

 

 

 

                                                

 

The 1948 Conveyance

The Williams Trusts—Barclays



Background
The details of this conveyance have been distilled from various abstracts of earlier indentures/conveyances, deeds of appointment, vesting deeds, marriage settlements made between 1891 and 1948, which are referred to in the "Abstract of the Title of Barclays Bank Limited to freehold property called 'Tolgullow' in the Parish of Gwennap in the County of Cornwall, 1952".

The two Williams Trusts
There were two trusts involved here: the earliest was created under a Settlement made by John Williams 5th in 1891. Under a later Settlement, George Percival Williams, John Williams's second son, set up a totally separate trust for himself and his wife on 1 November 1927.

Origin of John Williams Trust (1891)

1st Part 
Settlor 
Occupation
John Williams 5th (Scorrier House)
Farmer & employer of independent means
2nd Part 
Beneficiary 
Lily Florence Gage Hodge
John Williams 5th's future wife
3rd Part 
Trustees 
Percy Dacres Williams
William Harding Gage Hodge
 

John Williams 5th
John Williams 5th (7 Sep 1861—14 Jun 1942) inherited Scorrier House from his father George Williams, and lived there as head of the household from ca. April 1891 until his death on 14 June 1942. In 1891, shortly before he married, John Williams 5th created a marriage settlement for the benefit of his wife-to-be, Lily Florence Gage Hodge.

Purpose of marriage settlement
A marriage settlement in the form of a trust was set up shortly before, and subject to, the union between John Williams and Lily Florence Gage Hodge. John Williams and Lily F.G. Hodge married in 1892. The purpose of the trust was to secure a rental income of £500 a year for the benefit of John Williams's wife after his death, for as long as she remained his widow.

Rental
The rental would be levied on "certain lands and hereditaments in Redruth, Wendron, Constantine and Mabe", which were placed on trust with the trustees of the John Williams Trust who, at that time, were Percy Dacres Williams1 and William Harding Gage Hodge.2 Part of those lands and hereditaments was withdrawn later (1913) from the Trust with the consent of Lily Williams and the trustees, and substituted by other lands in "St  Keverne, Redruth, Gwennap and Grade", which had the same rental value. 

Origin of George Percival Williams Trust (1927)

1st Part 
Settlor 
Occupation
George Percival Williams
2nd son of JW5; Master of the Four Burrow Hunt
2nd Part 
Co-beneficiaries
George Percival Williams
Barbara Lilian Marrett Williams
Wife of GPW
3rd Part 
Trustees 
Barclays Bank Limited

Purpose of marriage settlement
A totally separate trust was set up under a settlement made by George Percival Williams (John Williams's second son) for the benefit of himself and his wife Barbara L.M. Williams: the George Percival Williams Trust. On 1 November 1927, George and Barbara Williams vested (transferred) "certain freehold property and investments" in Barclays Bank, who then held them upon trusts.

Role of Barclays Bank
As trustees, Barclays Bank had the power to buy and sell properties with the consent and under the instructions of the trust's co-beneficiaries, George and Barbara Williams. The couple granted the Bank, as trustees, the right to:

  • invest all the monies arising under those properties and investments in, for example:
    • the purchase of property in England, and to hold such properties on trust with the Bank
  • sell those properties, subject to their consent
  • hold the net proceeds of sales and net income until sale upon trusts of the George Percival Williams Settlement. 

The 1948 Conveyance
The conveyance of 29 January 1948 refers to three principal interested parties:

1st Part 
Vendors 
Occupation
Charles Edgcombe Venning3
 
Stephen William Williams4 
Both were Executors of JW5's estate and Trustees of JW5 Trust
- JW5's solicitor
- Retrd. Army Brigadier; JW5's 3rd son
2nd Part 
Co-beneficiaries 
George Percival Williams5
Barbara Lilian Marrett Williams
Husband and wife
3rd Part 
Trustees of GPW Trust 
Barclays Bank Limited6 


John Williams's estate (1948)
John Williams, who died in June 1942, appointed three representatives in his will, Charles Edgcombe Venning, Stephen William Williams (JW's son), and Francis Raymond Gage Matthews (FRGM)7, to act as executors of his estate. The third nominated executor, FRGM, however, did not apply for probate, effectively leaving the other two free to act as joint executors.

As joint executors, Charles Edgcombe Venning and Stephen William Williams controlled the estate of John Williams deceased, and were therefore entitled to sell property being held on trust, and to act for John Williams deceased as trustees of his Settlement.

Inter-trust sale to Barclays
On 29 January 1948, the two executors sold two properties from the John Williams Trust to the George Percival Williams Trust. They were then conveyed to Barclays Bank after the consent of George Percival Williams and his wife had been obtained. Those properties have now been identified as the freehold property called 'Tolgullow', comprising:

  1. A freehold property comprising a farm with buildings, fields or closes of land known as Tolgullow Farm, Gwennap, referred to in the 3rd Schedule. The conveyance recited an "except all mines & minerals" clause written into the Indenture of 26 Jul 1913.
  2. A cottage on southwest side of main road at Tolgullow, and three fields in Vogue, Gwennap, described in the 4th Schedule. The Indenture recited an "except all mines & minerals" clause in the Indentures of 9 Jan 1913 & 10 Dec 1935. 

Consideration
As consideration for the two abovementioned properties purchased, Barclays Bank paid the vendors, Charles Venning and Stephen Williams, £1,750 out of trust monies administered by the Bank.

Additional land (1953)
Thus, when it came to 1953, Barclays Bank, acting as trustees for George Percival Williams and Barbara Lilian Marrett Williams, sold part of the abovementioned land which the Bank had been holding upon trust for five years, to Daisy May de L'Arbre de Malander.

Confirmation of original ownership
The above findings now confirm that the additional land (the so-called 'waste land') purchased in 1953 by De L'Arbre in order to expand the area of the Zimapan property, originated from part of John Williams's marriage settlement set up back in 1891 (see The 1953 Conveyance).


Foonotes
1. PDW was John Williams 5th's elder brother, of Lanarth, St Keverne, Cornwall.
2. Lily F.G. Hodge's (Williams) younger brother.
3. Address of Charles Venning in 1948: Penzance, Cornwall.
4. Address of Stephen Williams in 1948: Tregullow, Scorrier, Cornwall. Third son of JW5.
5. GPW was the second son of JW5. Formerly of Tolgullow. In 1948, he was living down the road in Four Burrow House, Tregullow, Scorrier, with BLMW, on the other side of the road from Zimapan.
6. Barclays Bank Ltd, 54 Lombard Street, City of London.
7. FRGM is referred to as "Stephen" Raymond Gage Matthews in John Williams 5th's will.