Llanarth Court estate mortgage 1873-1898
GB0218.D2320

 D2320/1 Draft Mortgage (1) John Arthur Herbert, Esq. and Ivor John Caradoc Herbert (eldest son and heir), both of Llanarth Court (2) Rt. Hon. Charles Cornwallis Lord Braybrooke, Philip Wykeham Martin of Leeds Castle, Kent, M.P. Hon. George Herbert Windsor Windsor Clive of 53, Grosvenor St., Mddlx, M.P. Reciting: a) Disentailing assurance,- 1873, to be enrolled in the Court of Chancery, of the estates later described, subject as below Securing £40, 000 at 5% p.a. by way of appointment to (2) of the disentailed estate known as the "Newport Estate" consisting of messuages, farms, wharves, warehouses, lands etc. in pars. Llansaintfraed, Llanfapley, Llanfihangel-iuxta Usk, Penrhos, Dingestow, Tregaer, Bryngwyn, Llandewi Rhydderch and Wonastow and in the Borough of Newport; also by way of conveyance to (2) of 70a. woodland in par. Wonastow and lands in pars. Penrhos, Tregaer and Bryngwyn (details given) held by J.A.H. in fee simple, subject under the terms of the disentailing assurance to the life interest in Llansaintfraed Court, the garden, lawn and c. 12a. adjoining of Augusta Herbert (wife of J.A.H.) on her surviving J.A.H., also subject to contingent jointure rent charge of £1,500 p.a. on all disentailed estate, excepting Llansaintfraed Court, for A.H. for life on her surviving J.A.H. Covenants by (1) for the repayment of the mortgage principal Provision for the reduction of interest to 4% on punctual payment Power of sale by (2) to enforce repayment With schedule of the "Newport Estate" giving measurements and referring to tithe maps of Llanfapley, Llansaintfraed, Penrhos, Dingestow, Tregaer, Llandewi Rhydderch and Wonastow including details of wharves, warehouses and dwelling houses in Newport with their annual rental. Annotated with comments by Mr Thomas C. Wright of Lincoln's Inn, joint counsel for mortgagors and mortgagees, and by Messrs. Powles and Vizard of Monmouth, solicitors of mortgagors. Endorsed by a memorandum of 14 November 1898 as to 49a. in par. Wonastow included by error in the mortgage of the "Newport Estate" which were conveyed away in 1854, with list of said lands referring to the tithe map of Wonastow. 27 Mar 1873 

 D2320/3 Draft Mortgage (1) J.A. Herbert, I.J.C. Herbert (2) Rt. Hon. Charles Cornwallis, Lord Braybrooke etc. Securing £40,000 at 5% p.a. by way of appointment to (2) of the disentaliled estate known as the 'Llanarth Estate' consisting of the Manors or Lordships of Llanarth, Hendreobeth and Kevandevvylydd in pars . , Llanarth, Llanfapley and Llanvetherine with all royalties, chief rents etc. , also messuages, farms, lands etc . in par, Llanarth. Subject to cotingent jointure rentcharge of £1,500 p.a. for Augusta Herbert for life on her surviving J.A.H. Convenants by (1) for the repayment of the mortage principal Provision for reduction of interest to 4% p.a. on punctual payment Power of sale by (2) to enforce payment With schedule of the "Llanarth Estate" giving measurements and referring to the tithe map of Llanarth. Annotated with comments by Mr Wright and Powles and Vizard. Power of sale 27 Mar 1873 

 D2320/5 Draft Agreement (1) J.A. Herbert, I.J.C. Herbert (2) Rt. Hon. Charles Cornwallis Lord Braybrooke Surrender to (2) of any counter part lease executing appointment under powers granted to (1) by the mortages of the Llanarth estates, also notice to be given to (2)of every surrender of a lease. March 27 1873 

 D2320/7 Abstract No.1D Abstract of Title supplemental to No.1 (D2320/6) reciting deeds 25 Mar-26 Mar 1873 With schedule of estates reffering to relevant tithe maps (as in D2320/1) and details of wharves, wharehouses and dwelling houses in Newport. 1872 

 D2320/9 Abstract No.3 Abstract of releases of portions raisable under indenture of settlement, 29 August 1817 on the marriage of John Jones Esq. with Lady Harriet Plunkett, reciting deeds 20 November 1852-20 January 1863. 1872 

 D2320/11 Abstract No.4 Abstract of the Title of the Trusties of the Settlement on the marriage of J.A. Herbert to the equity of redemption of Ty Coch Farm, Little Court Robert Farm, Lower House Farm and Ty Mawr and Cae Bach in pars. Bryngwyn, Llanarth, Tregaer and Penrhos, reciting deeds, 2 Febuary 1855 - 31 March 1871. With schedule of said lands and opinion of Mr. Wright. 1872 

 D2320/13 Abstract No.5 Abstract of the conveyance of Llanfapley Mill Farm and the Great House Farm in pars. Llanarth, Llanfapley and Llandewi Rhydderch from William Adams Wiliams of Llangybi Castle, Esq and others to the Trustees of J.A. Herbert's marriage settlement, 13 June 1862. With schedule of said lands, opinion of Mr. Wright on abstracts 5,6,8,11,14 (D2320/13,14) and accompanying plan of said farms (2 items) 1872 

 D2320/15 Abstract No.7 Abstract of the Title of J.A Herbert to the equity of redemption on 3 dwelling houses in Commercial Street, Newport in lease to Mr. Ebenezer Vaughan Jenkins, reciting deeds. 27 - 28 December 1870. 1872 

 D2320/17 Abstract No.8 Abstract of a conveyance of the Yew Tree Cottage par. Llanarth from J.A. Herbert and others to the Trustees of his marriage settlement, and covenant to surrender copyhold lands, par. Bryngwyn, 2 March 1859. 1872 

 D2320/19 Abstract No.9A Supplemental abstract to D2320/18 reciting deed, 25 March 1873 1873 

 D2320/21 Abstract No.10A n.d Abstract of the will of John Jones at Llanarth Court, dec'd. 27 May 1828. 1872 

 D2320/23 Abstract No.10C Supplemental abstract to D2320/20, reciting deed, 22 March 1873 1873 

 D2320/25 Abstract No.11A Supplemental abstract D2320/24, reciting deed, 28 November 1872 28 Nov 1872 

 D2320/27 Abstract No.12A Abstract of the earlier title deeds relating to the mortgage for £7000 on the Manor of Llansaintfraed and Llansaintfraed Court, reciting deeds, 14 June 1846-16 April 1861. 1873 

 D2320/29 Abstract No.12C Abstract of the sub-mortgage by Col. A.A. Herbert and Maj. Edmund Philip Herbert of their respective mortgages for £4,500 and £3,500 on Llansaintfraed, reciting deeds 14 October 1865-29 January 1873. 1873 

 D2320/31 Abstract No.14 Abstract of a conveyance from the Monmouthshire Railway and Canal Co. to the Trustees of J.A. Herbert's marriage settlement of lands at Newport, 24 September 1852. 1872 

 D2320/33 Abstract No.16 Abstract of an order of exchange whereby J.A. Herbert exchanged with William Jones of Clytha House, Esq., lands in par. Llandewi Rhydderch for lands in par. Llansaintfraed, 23 December 1858. With accompanying plan showing the lands to be exchanged. 1872 

 D2320/35 Abstract No.18 Abstract of an order of exchange whereby J.A. Herbert exchanged with The Rev. William Price, Vicar of Llanarth, a parcel of land for glebe land, all in par. Llanarth, 6 February 1863. 1873 

 D2320/37 Copy Declaration Charles Lyne of Newport, steward and land agent of the Llanarth estates as to the estate to be mortgaged, with remarks by Powles and Vizard and by Mr Wright. With schedule of Herbert estates in pars. Llanarth, Llansaintfraed, Llanfapley, Penrhos, Dingestow, Tregaer, Bryngwyn, Llandewi Rhydderch, Wonastow and Borough of Newport, referring to appropriate tithe maps. 21 Mar 1873 

 D2320/39 [Abstract No.15] Particulars of wharves, warehouses and dwelling houses let at rack rents, and also of land let on ground rents within the Borough of Newport. 1872 

 D2320/41 Extract from the administration of the will of Herbert Gerald Herbert, 30 June 1852, died 17 July 1852. (Found with D2320/6) [1872] 

 D2320/43 Copy probate of the will of Edward Basil Jones of Biarritz, France, Esq., 9 April 1869. (Uncle of J.A. Herbert) [c.1873] 

 D2320/45 Instructions to Mr Wright to advise on the title of J.A. Herbert and on the course to carry out the mortgage and settle the necessary drafts. 1872 

 D2320/47 Instructions to Mr Wright to advise on the replies to opinions and requisitions, and to advise further on the title. 1872 

 D2320/49 Instructions to Mr Wright to peruse supplement and additional abstracts and other fresh documents, to advise on the sufficiency of the replies to his observations on the answers to the requisitions, and to settle the draft declaration on behalf of proposed marriages, with list of abstracts, correspondence etc. sent to counsel, and answers of Mr Wright, 11 February 1873. 23 Jan 1873 

 D2320/51 Instructions to Mr Wright to peruse supplemental abstracts, and to advise on the sufficiency of the replies to his further observations, and settle draft mortgage and draft declaration on behalf of the proposed marriages. 3 Mar 1873 

 D2320/53 Instructions to Mr Wright to peruse Abstract 12C and general power of attorney, with accompanying letter from Powles amd Vizard on the abstract (of the sub-mortgage of Llansaintfraed). 1873 

 D2320/54 Abstracts 5, 6, 8, 11-14 1873 

 D2320/56 Abstracts 7, 9, 10 1873 

 D2320/58 Abstracts 7, 9, 10 1873 

 D2320/60 Draft schedule of deeds and documents, listing contents of abstracts numbers 1-3. [1873] 

 D2320/62 Schedule of deeds (recited in abstracts nos. 4-12a), annotated with remarks by Powles and Vizard. [1873] 

 D2320/64 Lists of deeds required to complete examination of the abstracts (by Mr Wright), annotated with comments by Powles and Vizard. [1873] 

 D2320/66 Draft schedule of deeds not abstracted to be handed over to the mortgagees on completion. [1873] 

 D2320/68 List of 'Llanarth Estate' counterpart leases. 7 Jul 1873 

 D2320/70 Schedule and draft schedule of deeds referred to in Messrs. Meynell and Pemberton's letter of 4 March 1873 to Messrs. Wood, Street and Hayter. (2 items) [1873] 

 D2320/72 Copy letter from Powles and Vizard to John McDonald of Dursley, solicitor acting as intermediary between P. and V. and Meynell and Pemberton regarding a proposed mortgage on the Llanarth estates; both estates much improved over the past 15 years. 'Llanarth Estate' now worth £125, 000 and value of 'Newport Estate' also V. great; suggest joint employment of counsel to prepare deeds. 27 Jun 1872 

 D2320/74 Copy correspondence between Powles and Vizard and Meynell and Pemberton regarding the power of the Herberts to lease premises on the mortgaged estate without the morrtgagees being parties. (2 copies) 21 Aug 1873-28 Sep 1873 

 D2320/76 Letter from Wykeham Martin of Knoale, Kent, regarding the mortgage and other matters. 10 Jul 1872 

 D2320/78 Accounts of the Trustees of the marriage settlement of J.A. Herbert Esq. 1852-1853 

 D2320/80 Accounts of Mr Wright's fees (2 items) 1872-1873 

 D2320/82 Notes and jottings regarding the motgage and solicitor's costs. (14 items) [1873] 

 D2320/84 Copy particulars of estates and property in Monmouthshire comprised in the marriage settlement of J.A. Herbert Esq. of Llanarth, dated 11 November 1846, ammended to include rent accounts for 12882. (2 copies) [c.1883] 

 D2320/86 Copy correspondence between Powles and Vizard, Col. Lyne and Meynell and Pemberton regarding the compulsory purchase by Newport Corporation of leasehold premises at the corner of Dock Street and Llanarth Street, part of the 'Newport Estate'. 6 May 1882-20 May 1882 

 D2320/88 Draft Further Charge (1) J.A. Herbert of Llanarth Court, Esq., Lt. Col. I.J.C. Herbert of 1 York Street, Chelsea (2) I.J.C. Herbert (3) Fiennes Stanley Wykeham Cornwallis of Linton Park, Kent, Esq. Reciting: a) D2320/1 b) Settlement 28 March 1873 between (i) J.A.H. I.J.C.H (ii) John Francis Vaughan, Rt. Hon. Arthur James, Earl of Tingall and Robert Berkeley jun. (trustees of JAH's marriage settlement) whereby (i) settled on (ii) 'Newport Estate' subject to Augusta Herbert's life interest (as in D2320/2) to the use that I.J.C.H. receive a rent charge of £400 p.a. during the joint lives of (i) until he attain the age of 26 years, thereafter £1000 p.a., also contains power (amongst others) for I.J.C.H. to settle upon any women he might marry a jointure rent charge not exceeding £500 p.a. during joint lives of (i), thereafter maximum £15,000 for the portions of his younger children and to appoint said premises to any persons upon trusts for raisining said sum at maximum 4% p.a. c) Settlement 30 July 1873 between (i) I..J.C.H (ii) Hon Albertina Agnes Mary Herbert (the Denison) (iii) Rt. Hon. Otho Augustus Fitzgerald, The Rev. Edmund Wolryche Orlando Brigeman and Abel John Ram, whereby in contemplation of marriage of (i) and (ii) 'Newport Estate' charged with payment to (ii) of jointure rentcharge of £500 p.a. during lives of (i) and J.A.H. thereafter of £1,500 p.a., and payment after death of Augusta Herbert and J.A.H. of £15,000 for portions of any younger children at 4% p.a., by means of appointment of 'Newport Estate' to (iii) for 500 years after death of Augusta Herbert and J.A.H. d) Philip Wykeman Martin (Cornwallis trustee) died 31 May 1878 e) Assignment of mortgage 22 August 1885 (i) Lord Braybrooke and George Windsor Windsor Clive (ii) Fiennes Stanley Wykeham Cornwallis- endorsed on D2320/1, mortgage of £40,000 and interest on 'Newport Estate' assigned to (ii). Further charge for securing £7,000 at 5% p.a. by means of appointment of 'Newport Estate' (as in D2320/1) to (3) subject to life interest of Augusta Herbert and other charges as in D2320/1 and settlements 28 March and 30 July 1873. (2) declares repayment of £8000 and interest to have priority of charge on 'Newport Estate' over £1000 p.a. jointure rentcharge limited to him by settlement 28 March 1873. Provision for the reduction of interest from 5% p.a. to 4% p.a. on punctual payment Power of Sale granted to (3) to enforce repayment. 24 Aug 1885 

 D2320/90 Supplemental abstract of the title of J.A. Herbert and Col. I.J.C. Herbert to properties in Newport comprised in the mortgage of 27 March 1873. (D2320/1) 1885 

 D2320/92 Instructions to Mr Wright to resettle draft supplemental deed of further charge, with drafts and accompanying letter from Powles and Vizard. (3 items) 14 Jul 1885 

 D2320/94 Draft receipt for £7000 and undertaking to execute a formal mortgage charging the 'Newport Estate' with the repayment of the said £7000 and interest, for signature by Messrs. Herbert. 1885 

 D2320/96 Rough notes (valuations) on the following properties; Church Cefn Tynewydd, Tycoch, Longbarn, Llansaintfraed, Little Tynewydd, Lower House, Great House, Coed-y-Gelly, Wood and Yew Tree Cottages. (1 item) [1885] 

 D2320/98 Draft Further Charge (1) J.A. Herbert, Col. I.J.C. Herbert (2) Col. I.J.C. Herbert (3) F.S. Wykeman Cornwallis Rough draft copy of D2320/97 1895 

 D2320/100 Draft instructions to Mr Wright to settle draft collateral security for £40,000 and interest. 11 Jul 1895 

 D2320/102 Copy opinion of Mr Wright 9 Aug 1895 

 D2320/104 Correspondence between Meynell and Pemberton, Col. Lyn, Powles and Vizard, and F.S. Wykeham Cornwallis regarding the mortgagees' desire to have the whole £87,000 charged on both the Llanarth and Newport Estates in case of the failure of either of them; mortgagors request reduction in interest to 3.5%, then 3.75% but the mortgagees refuse, offering to pay legal costs and stamp duty of the proposed transfer; mortgagors accede, but death od J.A. Herbert on 18 August 1895 halts transfer, I.J.C. Herbert being only tenant for life of the estates and lacking power to execute the transfer. 1894-1895 

 D2320/106 Copy Release (1) F.S.W. Cornwallis (2) I.J.C. Herbert Release to (2) (of the 'Newport Estate' from the mortgage of £7,000 the principal and interest being paid to (1). Note that the original release was endorsed on the original of D2320/88. 28 Jun 1897 

 D2320/108 Draft Transfer (1) F.S.W. Cornwallis (2) The Admiralty Reciting: a) D2320/1 b) D2320/88 Mortgage of £40,000 on the 'Newport Estate' to (2) subject to Augusta Herbert's life interest in Llansaintfraed Court and jointure rentcharge of £1,500 p.a. 15 Nov 1898 

 D2320/110 Schedule of deeds and documents relating to Col. I.J.C. Herbert's 'Newport' and 'Llanarth Estates to be handed over on the transfer of the £80,000 mortgage to the Admiralty, listing deedsc 1789-1892. 1898 

 D2320/112 Copy memorandum for the completion of the payment of the £80,000 mortgage. 15 Nov 1898 

 D2320/114 Copy receipt for £1932.5.5 paid to J.S.W. Cornwallis, being interest on £80,000 less tax between 1 April 1898-15 Novemeber 1898. 15 November 1898