(51) Covenant by the coy with original trustees that the Coy would duly perform and observe the
obligations thereby imposed on it
THE SCHEDULES above referred to:-
FIRST SCHEDULE
Considerations as to the issue of the stock
(Not material to this Abstract)
SECOND SCHEDULE
The Second part (Freehold public houses)
No. - Short description of property - Terms of letting.
The property which is the subject of this Abstract is not included in this Schedule
THIRD SCHEDULE
Meetings of Stockholders
(Not material to this Abstract)
SEALED by the Coy in the presence of two Directors and the
Secy and executed by the original trustees and attested
18th May 1896 / Stamp £62. 10s. - BY INDENTURE made between the said FLOWER & SONS LIMITED (thereinafter called "the coy") of the one part
and the said G. E. ABELL and THE HON. M. ERSKINE (thereinafter called "the original Trustees") of the
other part
RECITING that that Indenture to be and should be read as supplemental to
the before abstracted Indenture of 30th July 1897 (thereinafter referred to as the principal Indenture)
AND RECITING that the Coy had purchased or redeemed or was about to purchase or
redeem existing Debentures of the Coy had purchased or redeemed or was about to purchase or
aggregate sum of £176,000 in the principal Indenture mentioned) and for the purpose of raising
the sum of £50,000 to be applied in such purchase or redemption the Coy had in
exercise of the power in that behalf conferred upon or reserved to it by the principal
Indenture determined to issue and had issued or was about to issue a further sum of
£50,000 Debenture Stock being part of the Stock authorised to be issued under the principal Indenture
[added by hand in margin:-]
Compared with Abstract
marked
'Examined with original
produced as before
SS&M'
as before
Byrch Cox & Sons
9 March 1965
IT WAS WITNESSED that in consideration of the presents and in pursuance of the provision in that behalf
contained in the principal Indenture the Coy acknowledged that it was indebted to the original Trustees in the
sum of £50,000 (addition to the principal sum of £150,000 originally secured or intended to be
by the principal Indenture) and carrying interest as therein mentioned TO THE INTENT that the principal Indenture
should be a security for the said principal sum of £50,000 and interest thereon in addition to the principal
sum of £150,000 and the interest thereon secured or intended to be secured by the principal Indenture
AND TO THE FURTHER INTENT that the said sums and the interest thereon respectively and in all respects
rank pari passu
SEALED by the Coy in the presence of two Directors and the Secy
25th January 1899 / Stamp: £4.10s. - BY INDENTURE (of Conveyance) made between ANN MANSELL of Harvington in the Coy of Worcester
Widow and SARAH ANN AMOS wife of Thomas Amos of the same place Assistant Overseer of the 1st
part FLOWER & SONS LTD (thereinafter called "the Coy") of the 2nd part and the said G. E. ABELL and
[added by hand in margin:-]
'Examined with original produced
as before'
Byrch Cox & Sons
9 March 1965
[Page four:]
THE HON M. ERSKINE (thereinafter called "the trustees") of the 3rd part
AND RECITING that Thomas Mansell late of Harvington aforesaid Innkeeper was at the
date of the Indenture next thereinafter recited seized of the land messuages and
hereditaments thereinafter described and thereby conveyed or intended so to be for an estate of
inheritance in fee simple in Possession free from all incumbrances
AND RECITING that by an Indenture dated the 5th day of October 1888 and made between the said
Thomas Mansell of the first part John Mansell of the second part and the Coy of the
third part the said land messuages and hereditaments were (inter alia) conveyed unto and to the
use cf the Coy their successors and assigns but subject to the proviso for
redemption therein contained upon payment to the Coy their successors or assigns
of all principal and interest moneys therein mentioned
AND RECITING that the said Thomas Mansell shortly before the date at his
death thereinafter recited agreed with the Coy for the absolute sale to the Coy of the
said land messuage and hereditaments in consideration of the Coy paying to him the sum of £10
and releasing and discharging him from the sun of £875. 1s 6d. then due and owing
to the Coy for principal and interest moneys upon the security of the said Indenture of
Mortgage
AND RECITING that the Coy duly paid to the said Thomas Mansell the said sum of £10
but the said T. Mansell never executed any conveyance or assurance to the Coy of the
equity of redemption of and in the said land messuages and hereditaments as the said Ann Mansell
and Sarah Ann Amos did thereby acknowledge
AND RECITING that the said Thomas Mansell died on the 6th day of Nov. 1898 having
by his last Will dated the 29th day of Aug. 1893 appointed his wife the said Ann
Mansell and his daughter the said Sarah Ann Amos Executrices thereof
AND BECITING that the will of the said T. Mansell was on the 30th day of December
1898 proved in the Worcester District Registry of the Probate Division of Her
Majesty's High Court of Justice by the said Ann Mansell and Sarah Ann Amos the
Executrices therein named
AND RECITING that the said land messuages and hereditaments or the estate and interest of the
said T. Mansell deceased therein was then vested in the said Ann Mansell and Sarah Ann
Amos as the personal representatives of the said T. Mansell deceased but in trust nevertheless
for the Coy
AND RECITING that by an Indenture dated the 3Oth of July 1897 and made between the
Coy of the one part and Trustees of the other part certain freehold and leasehold lands
to the use of the Trustees their heirs executors administrators and assigns according
to the nature and tenure thereof subject only as to portions thereof as in the then
reciting Indenture was mentioned but upon certain trusts and with and subject to certain
powers and provisions therein declared and contained for securing the
perpetual mortgage debenture stock of the Coy
AND RECITING that the Trustees were still the Trustees of the said Indenture of the 30th
[Page five:]
day of July 1897
AND RECITING that it had been arranged between the Coy and the Trustees that the
said land messuage and hereditaments should be vested in the Trustees upon the trusts and with
and subject to the powers and provisions of the thereinbefore recited Indenture of the
30th day of July 1897 in manner thereinafter appearing and the Coy had requested the said
A. Mansell and S. A. Amos as the personal representatives of the said T. Mansell deceased to Convey
and assure the same direct to the Trustees accordingly and they had agreed so to do
in consideration of the Coy giving to them the release thereinafter contained
IT WAS WITNESSED that in pursuance of the said agreement and in consideration of the premises and of the release
thereinafter given by the Coy to the said A. Mansell and S. A. Amos They the said A. Mansell and
S. A. Amos as the personal representatives of the said T. Mansell deceased at the request and by the direction
of the Coy directing as beneficial owners (as the Coy died thereby acknowledge) thereby granted
and conveyed And the Coy as beneficial owners thereby granted and conveyed and confirmed unto
the Trustees their heirs and assigns
ALL THAT messuage or tenement then and for many years
since used as a beer house and known as the Shakespeare Inn
with the four cottages (formerly a malthouse) and the barn garden
and orchard thereto adjoining or belonging situated at Harvington
in the Pariah of Harvington in the Coy of Worcester containing
estimation half an acre or thereabouts and for many years past in the
occupation of the said T. Mansell and his undertenants all which
said hereditaments and premises were (by way of description only and not
further or otherwise) more particularly delineated and described
in the plan thereon annexed and thereon coloured pink
TO HOLD the said land messuages and hereditaments UNTO AND TO THE USE of the Trustees
their heirs and assigns in fee simple FREED AND DISCHARGED from all right
or equity or redemption subsisting under the said Indenture of the 5th day
of October 1888 and all principal and interest moneys thereby secured and all claims
and demands on account thereof but upon the some or the like trusts and
with and subject to the same or the like powers and provisions as are in
any by the said Indenture or the 30th day of July 1897 declared and
contained of and concerning the hereditaments thereby assured and therein called the
specifically mortgaged hereditaments thereby or such of the said trusts powers and
provisions as were applicable and capable of taking effect in the same
manner in all respects as if the said land messuages and hereditaments had been
assured by the said Indenture of the 30th day of July 1897 as part of the
specifically mortgaged hereditaments.
IT WAS ALSO WITNESSED that in pursuance of the said agreement in that behalf and for the consideration
aforesaid The Company DOTH hereby release the said Ann Mansell and S. A. Amos and their heirs
executors and administrators and their estates and effects and the estate and effects of the
said Thomas Mansell deceased from all principal moneys then due and owing upon the security of the
said Indenture of the 9th day of October 1888 and all interest then due and thenceforth to accrue due in
[Page five A - attached:]
Endorsed on Indenture of Conveyance dated 25th January 1899.
MEMORANDUM:
By a Conveyance dated the ninth day of March 1965 and
made between the before named Flowers & Sons Ltd. of the one
part and Brian John hawlins of the other part the messuage
or tenement and former Public House previously known as
The Shakespeare Inn, Harvington in the County of Worcester
(being part of the property comprised in the before written
deed) was conveyed unto the said Brian John Hawlins for an
estate in fee simple and his right to production of the said
before written deed and to delivery of copies thereof was
thereby acknowledged.
[added by hand in margin:-]
Compared with orig.
produced as
before
Byrch Cox & Sons
9 March 1965
[Page six:]
respect thereof or any part thereof and all actions proceedings claims and demands on account
thereof or otherwise under the said Indenture of the 5th October 1888
PROVISO and declaration by the Coy and the trustees that the said sum of £875. 1s. 6d. then due
and owing upon the security of the said Indenture of the 5th day of October 1888 and the Interest
then and henceforth to accrue due in respect thereof or any part thereof should not merge into
the equity of redemption of the said land messuages and hereditaments but should be considered and
kept on foot as a subsisting charge upon the said land messuages and hereditaments and should remain
vested in the trustees their executors administrators and assigns Upon trust for the
Trustees their heirs and assigns and so as to protect them against all mesne incumbrances
charges and estates if any such there be
EXECUTED by the said A. Mansell and S. A. Amos and attested and
sealed by the Company in the presence of two Directors and the
Secretary.
[Added by hand in margin:-]
Memo endorsed see under attached
[Also added below in hand:-]
Compared with abstract
marked Examined with
original as before
SS&M'
Produced as before
31st July 1901 - The said G. E. Abell died on this date
5th March 1902 / Stamp £1 - BY INDENTURE (being an appointment of a new Trustee) made between the said THE HON. M. ERSKINE of the
one part and RICHARD VASSAR VASSAR-SMITH of Charlton Park Cheltenham in the Coy of Gloucester
Esquire of the other part
RECTING that that Indenture was intended to be and should be read as supplemental to
(a) the before abstracted Indenture of 30th July 1897 (thereinafter could the principal Indenture) and
(b) the before abstracted Indenture of 18th May 1898
AND RECITING death of the said G. E. Abell as before abstracted
AND RECITING desire of the said M. Erskine of appointing the said R. V. V.-Smith to be a
Trustee of the principal Indenture in the place of the said G. E. Abell deceased but jointly with him the
said M. Erskine
AND RECITING that at a meeting of the registered holders of the 4% perpetual mortgage debenture stock
of the Coy duly convened and held at 6 Bennetts Hill Birmingham on 4th March 1902
it was unanimously resolved that the registered holders of the said stock thereby approved of
the said R. V. V.-Smith being appointed a Trustee of the principal Indenture in the place of the said
G. E. Abell deceased but Jointly with the said M. Erskine
AND RECITING that the property then subject to the trusts and provisions of the principal Indenture
consisted wholly or principally of (inter alia)
2. The freehold lands messuages hereditaments and premiums specified or referred to in the
Second Schedule thereunder written and Which had been assured to the said George
Edmund Abell and Montagu Erskine since the date of the principal Indenture and
IT WAS WITNESSED that in pursuance of the said desire in that behalf He the said M. Erskine in
exercise and execution of the power for that purpose conferred upon him by the principal Indenture and
of every other power him thereunto enabling and with the approval as aforesaid of the holders of
the 4% perpetual mortgage debenture stock issued by the Coy and then outstanding did thereby appoint the
[Page seven:]
said R. V. V.-Smith to be a Trustee of the principal Indenture in the place of the said G. E. Abell deceased
but jointly with himself the said M. Erskine for all the trusts and purposes of the principal Indenture so
far as then subsisting and capable of taking effect And the said R. V. V.-Smith did thereby consent
and agree to become and act as such Trustee accordingly
IT WAS ALSO WITNESSED that in further pursuance of the said desire He the said M. Erskine did
thereby declare that all the freehold and leasehold lands messuages hereditaments premises moneys and property
thereinbefore referred to And all other the real and chattel real estate moneys and property (if any)
then vested ln the said M. Erskine etc. and the right to enforce all the covenants and provisions of
the principal Indenture and the benefit of the said Indenture of l8th May 1998 and the acknowledgement therein contained
should forthwith vest in the said M. Erskine and R. V. V.-Smith according to the nature of the
property as Joint tenants for all such estate and interest as the said M. Erskine had therein immediately
before the exon of abstracting presents or as the same were held for under the trusts of the
principal Indenture
AND the said M. Erskine and R. V. V.-Smith thereby declared that they would hold the freehold
and leasehold lands mortgages hereditaments choses in action moneys and other property vested in them the said
M. Erskine and R. V. V.-Smith by means of the declaration in that behalf thereinbefore contained upon the
trusts and with and subject to the powers provisions and declarations by and in the principal Indenture declared
and contained of and concerning the same or such of them as were then subsisting and capable of
taking effect
THE FIRST SCHEDULE thereinbefore referred to:-
Particulars of the properties sold - Not the subject of this Abstract
THE SECOND SCHEDULE
Particulars of Freehold properties assured to the Debenture Trustees since the date of the
principal Indenture.
Date when assured to the
Description of Property.
Debenture Trustees,
(Inter alia)
25th January 1899 -
A messuage or beerhouse known as the Shakespeare Inn with
4 Cottages adjoining situate at Harvington in the County of
Worcester together with all lands yards gardens outbuildings
EXECUTED by both parties and attested
15th June 1902 / Stamp £37.10s - BY INDENTURE made between the said FLOWER & SONS LIMITED (thereinafter called “the Coy“) of the one part
and the said THE HON. M. ERSKINE and R. V. Vassar-Smith (thereafter called "the Trustees") of the other
part
RECITING that that Indenture was intended to be and should be read as supplemental to
the following Indentures (a) the before abstracted Indenture of 30th July 1897 (thereinafter could "the
principal Indenture") (b) the before abstracted Indenture of 18th May 1898 and (c) the before
abstracted Indenture of 5th March 1902
And RECITING that the Coy in exercise of the power in that behalf conferred upon
or reserved to it by the principal Indenture had determined to issue and had issued or was
[Added by in hand in margin:-]
Compared with abstract
marked' Examined with
original as before SS&M'
as before
Byrch Cox & Sons
9th March 1965
[Page eight:]
about to issue further sum of £30,000 Debenture stockk being further part of the stock
authorised to be issued under the principal Indenture
IT WAS WITNESSED that in consideration of the present and in pursuance of the provision in that behalf
contained in the principal Indenture the Coy acknowledged that it was indebted to the Trustees in a further sum of
£30,000 (in addition to the sums £150,000 and £50,000 secured or intended to be secured
by the principal Indenture and the said Indenture dated 18th May I898) carrying interest as therein mentioned
TO THE INTENT that the principal Indenture should be a security for the said principal sum of £30,000 and the
interest thereon in addition to the said principal sums of £150,000 and £50,000 and interest thereon respectively
secured or intended to be secured by the principal Indenture and the said Indenture of 18th May 1898
AND TO THE FURTHER INTENT that the said sums and the interest thereon respectively should in all respects
rank pari passu
SEALED by the Coy in the presence of two Directors and the Secy
REGISTERED Pursuant to Sec. 14 of the Companies Act 1900 on
25th June, 1902
4th May 1905 - BY INDENTURE made between the said FLOWER & SONS LIMITED (thereinafter called "the Coy") of the one part
and the said THE HON. M. ERSKINE and R. V. V.-SMITH (thereinafter called "the Trustees") of the other
part
RECITING that that Indenture was intended to be and should be read as supplemental to
the following Indenture viz (a) the before abstracted Indenture of 30th July 1897 (thereinafter
called "the principal Indenture") (b) the before abstracted Indenture of 18th May 1898 (c) the before
abstracted indenture of 5th march 1902 and (d) the before abstracted Indenture of 15th June I902
AND RECITING that the Coy had under the powers conferred upon them by the principal
Indenture issued £230,000 Debenture Stock or which stock £50,000 had been issued for the purpose of
purchasing or redeeming existing 4½ Debentures of the series mentioned in the principal Indenture
AND RECITING that the Coy in exercise of the power in that behalf conferred upon
or reserved to them by the principal Indenture had determined to issue and had issued or
were about to issue a further sum of £70,000 debenture stock being further part of the
stock authorised to be issued under the principal Indenture
AND RECITING that of the said £70,000 debenture stock so issued or about to be issued as
aforesaid £50,000 stock had been or would be issued to the Trustees for the purpose of purchasing
or redeeming as occasion might arise any of the said existing 4#&189 debentures of the Coy or for
paying off or redeeming any of the said mortgages and the balance of £20,000 stock had been
or would be issued at the discretion of the Coy and for such purpose or purposes as
the Coy might think fit
IT WAS WITNESSED that in consideration of the presents and in pursuance of the provision in that behalf
contained in the principal Indenture the Coy acknowledged that they were indebted to the Trustees in a further
sum of £70,000 (in addition to the sums of £150,000 £50,000 and £30,000 secured or intended
to be secured by the principal Indenture and the said Indentures of 18th May 1898 and 15th June 1902 respectively)
carrying interest as therein mentioned to the intent that the principal Indenture and be a security for the said
principal sum of £70,000 and the Interest thereon in addition to the said principal sums of £150,000 £50,000
[Added by in hand in margin:-]
Compared with abstract
marked
Examined with original
produced as before'
As before
Byrch Cox & Sons
9th March 1965
[Page nine:]
and £30,000 and interest thereon respectively secured or intended to be secured by the principal Indenture and
the said Indentures of 18th May 1898 and 15th June 1902 respectively And to the further intent that the
said sums and the interest thereon respectively should in all respects rank pari passu
SEALED by the Coy in the presence of two Directors and the Secy
REGISTERED pursuant to Section 14 of the Companies Act 1900 on
6th May 1905
21st July 1910 / Stamp 10/- - BY INDENTURE made between the said FLOWER & SONS LIMITED (thereinafter called "the Coy") of the one part
and the said THE HON. M. ERSKINE and R. V. V.-SMITH (thereinafter called "the Trustees") of the other part
expressed to be supplemental to the before abstracted Indentures of 30th July 1897 (thereinafter called
"the Principal Indenture") 18th May 1898, 5th March 1902, 15th June 1902 and 4th May 1905 whereby
various provisions of the Principal Indenture as to procedure only and not material to this Abstract
were modified
SEALED by the Coy in the presence of two Directors and the
Secy and executed by the Trustees and attested
[Added by in hand in margin:-]
Compared with abstract
marked 'Examined with
original as before
SS&M' produced as
before Byrch Cox & Sons
9th March 1965
2nd August 1922 - The said R. V. VASSAR-SMITH died on this date
8th February 1950 / Stamp £125 - BY DEED made between the said FLOWER & SONS LIMITED (thereinafter called "the Coy") of the one part
and the said THE RIGHT HON. MONTAGU BARON ERSKINE of RESTORMEL (thereinafter called "the Trustee") of the
other part
RECITING:-
(1) That Deed was intended to be and should be read as supplemental to:-
(a) The before abstracted Trust Deed of 30th July 1897 (thereinafter called "the principal Deed")
(b) The before abstracted Deed of 18th May 1898 (thereinafter called "the First Supplemental Deed")
(c) The before abstracted Deed of 5th March 1902 (thereinafter called "the Second Supplemental Deed")
(d) The before abstracted Deed of 15th June 1902 (thereinafter called "the Third Supplemental Deed")
(e) The before abstracted Deed of 4th May 1905 (thereinafter called "the Fourth Supplemental Deed")
(f) The before abstracted Deed of 21st July 1910 (thereinafter called "the Fifth Supplemental Deed")
(g) The before abstracted Deed of 8th Feb 1950 (thereinafter called "the sixth Supplemental Deed")
(2) Death of the said R. V. Vassar-Smith as before abstracted and that the Trustee was sole
Trustee of the Principal Deed and of the First Second Third Fourth Fifth Supplemental
Deeds respectively (thereinafter collectively referred to as "the Supplemental Deeds")
(3) The Coy hand under the powers conferred upon them by the Principal Deeds issued
£263,000 of the said Stock but the said amount of £263,000 included £51,277 Stock
purchased by and held by or on behalf of the Coy
(4) By virtue of Section 90 of the Coys Act 1948 the Coy had power to reissue the
said £51,277 Debenture Stock so purchased and held by or on behalf of the Coy and the Coy
in exercise of the said power had determined to release a further sum of £50,000
Debenture Stock in the place of an equivalent part of the said £51,277 stock
[Added by in hand in margin:-]
Compared with abstract
marked 'Examined with original
as before SS&M' produced
as before SS&M'
Produced as before
Byrch Cox & Sons
[Page ten:]
IT was witnessed that in consideration of the presents and in pursuance of the powers contained in Section 90
of the Coys Act 1948 and of all other powers them enabling the Coy acknowledged that whey were
indebted to the Trustee in a sum of £50,000 (by way of reissue of the sum of £50,000 Debenture Stock
previously issued but since purchased by and held by or on behalf of the Coy as aforesaid) carrying
interest as therein mentioned to the intent that the Principal Deed should be a security for the said principal sum
of £50,000 and the interest thereon in the place of an equivalent amount of the principal sums respectively
secured or intended to be secured by the Principal Deeds and to the
further intent that the said sums and the interest thereon respectively and in all respects rank pari passu
AGREEMENT AND DECLARATION pursuant to sub-section (4) of Section 90 of the Coys Act 1948 that the said sum of
£50,000 should not be treated as an issue of further stock for the purposes of the provisions of the
Principal Deed limiting the amount of the said Stock which the Coy had power to issue nor as an
enlargement of the said issue within the meaning of Clause 11 of the Principal Deed
SEALED by the Coy in the presence of two Directors and the Secy
REGISTERED pursuant to Section 95 of the Companies Act 1948 on
14th February 1950
31st December 1951 / Stamp 10/- - BY DEED (being an appointment of a Trustee) made between the said FLOWER & SONS LIMITED (thereinafter called
"the Coy") of the first part the said THE RT. HON. MONTAGU BARON ERSKINE OF at RESTORMEL of
Milton Hall Northampton in me Coy of Northampton (thereinafter called "the Continuing Trustee") of the
Second part and MIDLAND BANK EXOR AND TRUSTEE COMPANY LIMITED whose registered office was at 27/32
Poultry in the City of London (thereinafter called "the new Trustee") of the third part
[Added by in hand in margin:-]
Compared with
abstract marked
Examined with original produced
as before' SS&M
Byrch Cox & Sons
9th March 1965
RECITING:-
(1) That Deed was intended to be and should be read as supplemental to:-
(a) The before abstracted Trust Deed of 30th July 1897 (thereinafter called "the principal Deed")
(b) The before abstracted Deed of 18th May 1898 (thereinafter called "the First Supplemental Deed")
(c) The before abstracted Deed of 5th March 1902 (thereinafter called "the Second Supplemental Deed")
(d) The before abstracted Deed of 15th June 1902 (thereinafter called "the Third Supplemental Deed")
(e) The before abstracted Deed of 4th May 1905 (thereinafter called "the Fourth Supplemental Deed")
(f) The before abstracted Deed of 21st July 1910 (thereinafter called "the Fifth Supplemental Deed")
(g) The before abstracted Deed of 8th Feb 1950 (thereinafter called "the sixth Supplemental Deed")
(2) Death of the said R. V. Vassar-Smith as before abstracted and that the Continuing Trustee was
sole Trustee of the Principal Deed and of the First Second Third Fourth Fifth and Sixth
Supplemental Deeds respectively (thereinafter collectively referred to as "the Supplementle Deeds")
(3) It was proved by Clause 48 of the Principal Deeds that the Statuary power of appointing a new
Trustee or Trustees thereof and be vested in the surviving or continuing Trustee for the time being
or his personal representatives but before exercising such power the name of the person or persons
whom it was intended to appoint should be submitted to and approved by a majority of
the votes of the registered stockholders for the time being present at a meeting duly
convened for that purpose and that a body corporate might be appointed to be a Trustee thereof
(3) It was provided by Clause 48 of the Principal Deed that the Statuary power of appointing a new
Trustee or Trustees thereof and be vested in the surviving or continuing Trustee for the time being
or his personal representatives but before exercising such power the name of the person or persons
whom it was intended to appoint and be submitted to and approved by a majority of
the votes of the registered stockholders for the time being present at a meeting duly
convened for that purpose and that a body corporate might be appointed to be a Trustee thereof
(4) At a meeting of the holders of Debenture Stock secured by the Principal and Supplemental
Deeds duly convened and held in accordance with the provisions of the Principal Deed as
verified by the Fifth Supplemental Deed at "The Swan's Nest Hotel" Stratford-upon-
[Page eleven:]
Avon in the Coy of Warwick on 29th May 1951 the following was duly passed
as an Ordinary Resolution namely:-
That this meeting of the holders of the 4% Perpetual Mortgage Debenture Stock of Flower &
Sons Limited hereby approves the appointment of Midland Bank EXOR & Trustee Company
Limited of 27/32 Poultry, London E.C.2 as an additional Trustee of the said Stock
and of the respective Trust Deeds securing the same to act jointly with the
Rt. Hon. Montagu Baron Erskine of Restormel the continuing Trustee thereof
(5) The property then subject to the trusts and provisions of the Principal Deed and the
Supplemental Deeds consisted wholly or principally of:- (Inter alia)
(1) The freehold lands messuages and premises specified or referred to in the First
Schedule thereto being part of those comprised in and assured by the Principal
Deed (including those specified or referred to in the Second Schedule to the
Second Supplemental Deed) but with the exception of those parts thereof which
had since the date of the Principal Deed been sold or otherwise conveyed away
(6) The said properties referred to in the First Second Third and Fourth Schedules
thereto were held with the benefit of and subject to all charges easements rights and
privileges were for the purposes of reference only and should not be deemed to effect
or limit the vesting declaration implied by Section 40 of the Trustees Act 1925 so far as
concerned those properties or other properties (if any) charged or subject to the trusts
and provisions of the Principal and Supplemental Deeds or the extent of the said properties or
any of them
(7) The continuing Trustee as was testified by his exon of those presents had agreed
to concur with the Coy in executing those present for the purposes therein appearing
IT WAS WITNESSED as follows:-
1. In exercise and exon of the power vested in the continuing Trustee under and by virtue of Clause
48 of the Principal Deed and of every and any other power enabling him in that behalf and with
the approval as aforesaid of the holders of the 4% Perpetual Mortgage Debenture Stock issued by the Coy and
then outstanding the continuing Trustee did thereby appoint the new Trustee to be an additional Trustee of
the Principal Deed and of the Supplemental Deeds jointly with himself for all the trust and
purposes of the Principal Deed and Supplemental Deeds so far as still subsisting and capable of taking
effect and the new Trustee did thereby consent and agree to become and act as such Trustee accordingly
2. Declaration by the continuing Trustee and the new Trustee that they would hold All and singular the lands
messuages presents moneys and property thereinbefore referred to and all other the real and personal property (if
any) then subject to the trusts of the Principal Deed and the Supplemental Deeds and all chattels
so subject and the right to recover and receive all things in action and the right to enforce
all covenants and provisions of the Principal Deed and the Supplemental Deeds upon the trusts and with
and subject to the powers provisions and declarations by the Principal Deeds and the Supplemental Deeds
declared and contained of and concerning the same or such of them as were then subsisting and
capable of taking effect and subject also to the charges easements rights and privileges
effecting the respectively
THE FIRST SCHEDULE thereinbefore referred to
PART 11
Freehold lands messuages and presents specified or referred to in the Second part of the Second
Schedule to the Principal Deed and in the Second Schedule to the Second Supplemental Deed and
[Page twelve:]
still subject to the trusts and provisions thereof
Re. No. Item No. in Principal Deed Description of property
(Second Schedule Part
11) except where stated
(Inter alia
93 2nd Supplemental Deed (Schedule 11) A messuage or beerhouse known as
"The Shakespeare Inn" with four
cottages adjoining situate at
Harvington in the County of Worcester
Together with all lands yards gardens
outbuildings and appurtenances thereto
belonging
THE SECOND THIRD AND FOURTH SCHEDULE (Not material to the Abstract)
SEALED by the Coy in the presence of two Directors and the
Secy and by the new Trustee in the presence of one Director
authorised Counter-Signatory and executed by the continuing
Trustee and attested
9th February 1957 - The said THE RIGHT HON. MONTAGUE BARON ERSKINE OF RESTORMEL died on this date
[Added by in hand in margin:-]
Examined with copy death certificate
as before Byrch Cox & Sons
8th November 1957 - BY RECEIPT (endorsed on the before abstracted Trust Deeds) whereby the said MIDLAND BANK EXOR
AND TRUSTEE COMPANY LIMITED (thereafter called "the Trustee") as sole Trustee for the holders of the 4%
Perpetual Mortgage Debenture Stock of Flower & Sons Limited secured by the therein within written Trust
Deeds (the therein within named Montagu Baron Erskine of Restormel having died on the 9th
February 1957) acknowledged that the said Debenture Stock and the balance remaining owing of the principal moneys
secured by the said Trust Deeds together with all interest and costs had been redeemed paid off or
satisfied pursuant to a Scheme of Arrangement dated the 4th June 1957 between Flower & Sons
Limited and the holders of the said Debenture Stock which said Scheme of Arrangement was sanctioned
Mr. Justice Roxburgh in the High Court of Justice Chancery Division on the 29thJuly 1957
SEALED by the Trustee in the presence of one Director and
authorised Counter Signatory
[Added by in hand in margin:-]
Compared with abstract
marked 'Examined with
original produced as
before
Byrch Cox & Sons
9th March 1965
