Other documents relating to the Seymour Almshouse Trust

Will of Henry Seymour, 1685

"This is the last will and testament of me Henry Seymour..."
"I give my soul to God and my body to the earth.... the charge of my funeral expenses [is] not to exceed three hundred pounds."
Gives 400 pounds for the care of poor children and apprentices.
Gives his manors, lands, etc. in trust, except as is hereby otherwise disposed of.
Gives his only son, Sir Henry Seymour Baronet, his manor of Langley and certain other lands.  And if he has no issue, to various other relatives.
And concerning his personal estate, mortgages, money, etc. to his executors to discharge his just debts. And they are to hold the remainder thereof  to the only use and benefit of his said son after the time he shall have attained the age of 21 years, and if he die leaving issue, to the issue that have reached the age of 21 years, and if he die without issue the remainder shall be disposed of as in a codicil or writing he [the testator] may direct, and in the default of such direction, to be divided among the sons and his brother Sir Edward Spencer. 
Gives his brother Edward Spencer 100 pounds to by him plate [?].
And lastly he makes and constitutes his nephews Henry Seymour and Joseph Seymour and Edward Seymour and his servant Charles Dawe his executors and trustees and guardians of the person and property of his said son until he attains the age of twenty one years.
And he also names Rev. Dr. Cradorf [?] Provost of Eaton to also be his son's guardian and entreat him to take care of his son's religious education in the religion now established by law in England.
And he entreats his brother Joseph care in the marriage of his son.
And he gives his servant Charles Dawe 200 pounds and 20 pounds yearly for his life upon trust and for the intent that he serve his son during their joint lives, and if he [Dawe] does this well, 20 pounds per year more.
And he also gives his Hampton Office in Chancery to his son.  "And I wish and desire that after my decease a petition be presented to his Majesty for a new grant of the said office to my son."
He then makes gifts of 1000 and 500 pounds to two nieces.
He gives his sister 20 pounds per annum.
The rest of his legacies he proposes to give to his friends and servants, as will be expressed in a writing to under his hand to be taken as part of his will.
And he gives 100 pounds to be imployed for the finishing of his alms-house and for adding two more rooms (for a total of six).
    In witness whereof, etc.
Signed and sealed by Henry Seymour
Witnessed by Roger [?] W. Thursby, John Jackson, Will Bernard
Republished in the presence of Anne Seymour, Jane Upford.

Gives gifts ranging from 3 to 100 pounds to around 10 servants.

[probate copy on vellum]

In the Matter of the Charity founded by Henry Seymour...

To the Right Honorable, the Lord High Chancellor of Great Britain.

The Humble Petition of the Rev'd Henry Thomas Atkins, Clerk of the said Parish of Langley Marish [and several other parties]

    That by indenture bearing date 7th April 1679 Henry Seymour established the Seymour Almshouse trust [and reciting the entire indenture verbatim]
    That the said Henry Seymour by his will bearing date 21st July 1685 added two rooms to the almshouse.
     That by a deed poll bearing date 27th January 1741 Sir Edward Seymour [apparently the last of the Seymours involved in the trust] gave his power of nominating residents to William Daw.
    That Ann Seymour by her Will bearing date 14th August 1725 provided additional funding for the poor of Langley Marish and Iver.
    That Henry Seymour Son of Sir Joseph Seymour by his Will bearing date 10th February 1731 bought additional land the income of which was to be used in support of the almshouse established by his uncle.
    That by indenture bearing date 23rd August 1734 between Joseph Briscoe, etc., the executors of the will of Henry Seymour, and trustees appointed by the parish of Langley Marish and Iver, and referring to a decree made by the Court of Chancery dated 17th November 1733, and relating an agreement to purchase lands to support the charity, agreement was reached regarding the rent charges payable at Christmas and Lady Day.
    That under and by virtue of an Order of the High Court of Chancery made in the matter of the Seymour Charities dated the 9th day of July 1831 the court appointed the petitioners herein as trustees of the aforesaid rent charge.
[Marginal notation: "These proceedings took place without the knowledge of Lord Carrington, & no notice was given to him"]
    "That the aforesaid Almshouse so founded and endowed by the said Henry Seymour as aforesaid is situated in the North side of the Church Yard of the Parish Church of Langley aforesaid and consists of six tenements under one roof each tenement being the dwelling of one of the 6 poor people who are appointed thereto." 
    "That as far back as your petitioners are enabled to trace and as they verily believe from the foundation of the charity the said almshouses have been filled by poor persons of the Parish of Langley aforesaid and the custom of nominating thereto parishioners of the said parish of Langley was as your Petitioners verily believe sanctioned by the founder of the said trust and was constantly perservered in until the period hereinafter mentioned."
    "That your petitioners are enabled to prove such custom as far back as the year 1763 by the testimony of living witnesses." 
    That Maximilian Daw, heir of William Daw, signed sealed and delivered a deed poll to Robert Lord Carrington in 1749 giving him the right to nominate residents of the almshouse.
That disputes have for some time subsisted between your Petitioners and the Parishioners of Langley aforesaid and the said Robert Lord Carrington as to the right of nomination of the poor of the said Almshouse.
    That your petitioners recently discovered that Robert Lord Carrington in 1834 presented a petition to this honorable Court asking it, pursuant to an Act of Parliament, to name a new trustees for the Seymour Trust.
That the said Robert Lord Carrington is prosecuting the said reference before Master Wingfield...
"That inasmuch as the Right of Nomination of the poor persons of the said Almshouse is now and has for some time been in dispute between the Parishioners of the said Parish of Langley and the said Robert Lord Carrington and your Petitioners and such Parishioners have a material interest in the nomination of persons to be trustees of the said Charity your Petitioners are desirous of being at liberty to attend in the prosecution of the said Order of Reference your Petitioners being apprehensive that the Parishioners of the said Parish of Langley aforesaid will otherwise be deprived of all benefit which until the interference of the said Robert Lord Carrington as aforesaid they derived and were considered as having a right to derive from that charitable gifts aforesaid."

"Your Petitioners therefore humbly pray your Lordship that it may be declared that your Petitioners are at liberty to attend the said Master in the Reference and Proceedings under the Order so made upon the said petition of the said Robert Lord Carrington as aforesaid and that your Petitioners may be at liberty to propose before the said Master persons to be appointed new Trustees of the said messuage, lands, fee farm rent and hereditaments granted by the said Indenture of the 7th of April 1679 and devised by the said Will of the said Henry Seymour and that the said Master may be directed to permit such attendance and receive such proposal on the part of your Petitioners in like manner as if your Petitioners have been parties on whose application such order was made or that your Lordship will be pleased to make such further or other order in the premises as to your Lordship may seem meet--

          And your Petitioners will ever pray"

[Note in margin: 9th May 1834.  Let all parties concerned attend me hereon the next day of Petitions.  Hereof give notice forthwith.  Brougham.]

Affidavits filed in support of Petition

[These are copies of the affidavits listed separately below]

 Affidavit filed in Opposition to Petition

Affidavit of The Right Honble Lord Carrington Sworn 19 May 1834 filed 21 May

          [Lord Carrington stated that in 1808 he received a letter from the executor of the estate of William Daw, who pointed out that Maximilian Daw, William's heir and apparently the sole remaining trustee, was quite old, and who asked Lord Carrington to accept the patronage of the almshouses in Langley.  Lord Carrington stated that he accepted the trust and that Maximilian Daw executed a deed poll in 1809 giving all his right and interest in the Seymour charity to Lord Carrington.  Until 1830 Lord Carrington appointed people to inhabit the almshouse without interruption, but in that year the Parishioners of Langley Marish, as soon as a resident died, quickly removed his body and placed a pauper named White to take his place.  He also stated that he paid the rent for the almshouses and maintained them.]

          [These unsigned comments—made by Master Wingfield?—state that since the Parishioners did not have the right to appoint poor people to the almshouse, since that right had passed to Lord Carrington, they had no right to propose new trustees, “and it is hoped that under the circumstances and upon the grounds before stated  this Petition will be dismissed with costs.]

[written on 16 pages of foolscap paper (13x16 inches); watermark: W. Bickford 1832]

In Chancery
In the Matter of the Charity founded by Henry Seymour...
Affidavits, 19th May 1834

The Affidavit of John Deverill declares that his grandfather was familiar with one of the trustees of the Alms-House and that when there was a vacancy, the trustees always selected a new resident from the Parish of Langley and not from some other place. 

Affidavit of Thomas Wills Walford of Uxbridge states that the prospective trustees (see indenture of 1834 below) are all highly respectible persons.

The Affidavit of Benjamin Smith of Uxbridge declares that  five of the six women living in the Almshouse were  nominated and placed there by Lord Carrington, and that he is informed and believed that these five women did not come from the Parish of Langley Marish and that they were in some way connected with Lord Carrington.

[on four sheets of paper of around 13x16 inches, with watermark of R. Munn  & Co. 1832]

In the Matter of the Seymour Charity

Order by Master M. Wingfield, appointed by Court of Chancery
May 24, 1834

[After reciting the request made in the Petition and acknowledging the affidavits filed in this case]  "This Court doth order that the said Petition do stand dismissed with Costs And It is ordered that it referred to the Master of this Court in rotation to tax such costs And it is ordered that Petitioners Henry Thomas Atkins, etc., do pay unto the said Robert Lord Carrington what shall be taxed for such Costs."
[ initials of Master M. Wingfield]

Indenture, August 13, 1834

Summary: This indenture was made August 13, 1834, between William Elliott Le Blanc of London, of the first part, Robert Lord Carrington of the second part, John Abel Smith, John Frederick Crewe, Reverend William George Freeman, Reverend Charles Hughes, and John Neale, of the third part.  WHEREAS an indenture [establishing the Seymour trust] was made in 1679 IT IS WITNESSED [quoting the entire original indenture of trust] AND WHEREAS by a deed poll Sir Edward Seymour baronet in 1741 granted to William Daw, the only acting trustee in the aforesaid trust, all his right, power, and interest in the trust,  AND WHEREAS Maximilian Law, heir of William Daw, by deed poll in 1809, granted to Robert Lord Carrington the power of nomination and the power to displace or remove the said poor people from the alms-house if done according to the rules and regulations. AND WHEREAS all the original trustees named in the original deed of trust have long since departed this life, AND WHEREAS an act of Parliament intitled "An Act for Amending the laws..." was passed in the reign of  George IV and William IV, making it lawful for the Court of Chancery--if all trustees of a charitable trust are dead--to place an advertisement in the London Gazette and a local newspaper giving notice that the last surviving trustee appear within 28 days and prove his title as trustee, and that if no one appears it shall be lawful for the court to appoint new trustees and convey the land to them.  AND WHEREAS notice was given in the aforesaid newspapers by order of the Court of Chancery, AND WHEREAS in pursuance of the said order William Wingfield, a master of the court, made a report in 1834 certifying that John Everill (?) appeared and claimed to be the heir of George Crothing (?), who was stated to be but did not appear to be a  trustee of the trust, and the master certified that no evidence had been produced in support of the claim And the master certifying that no other claim had been laid before him he considered a proposal made by Lord Carrington that John Abel Smith, John Frederick Crewe, Reverend William George Freeman, Reverend Charles Hughes, and John Neale be fit and able persons to be trustees AND WHEREAS by another order of the Court dated July 14, 1834 that the masters report be confirmed And it was ordered that [names of nominees] be appointed trustees upon the trust by the indenture dated 1679  NOW THIS INDENTURE WITNESSETH that in consideration of five shillings paid by the new trustees to William Elliott Le Blanc (a London lawyer), Le Blanc HATH granted bargained and sold and by these Presents DOTH grant bargain and sell to the trustees the said messuage, land, rent of 30 pounds, etc., TO THE ONLY PROPER USE AND BEHOOF of the said trustees upon the said trusts nevertheless, etc.  AND the said Elliott Le Blanc doth hereby covenant to the trustees that he hath not done anything whereby the trust property or any part thereof are is can shall or may be incumbered.  IN WITNESS WHEREOF the said parties to these presents have hereunto set their hands and seals the day and year first above recited.

[signatures and seals of all parties, although only Carrington appears to have his own seal--a crowned elephant--the  rest of them all use a single seal--a  crowned bird]

[three pages of parchment bound together at the bottom]

[source of all documents: private collection]