Pakenham History : Joseph Alfred Hardcastle MP And Nether Hall

Part 5 - Mary Scarlett Campbell

10
Sir John Herschel to Henry Hardcastle
Collingwood, Hawkhurst, 29 March 1869

Copy
My dear Henry, From all that has reached me about the present state of your family affair it is obvious to me that you are placed in a most difficult and distressing position, in which all the better feelings of your nature may induce you to shrink from taking a clear view of the line of conduct which ought to be adopted in such a case consistently with the most obvious principles of justice, and regard for the future prospects of your wife and family, and possibly to pledge yourself personally to arrangements most injuriously affecting their future and your own.

Your father has a clear and undoubted right to consult his own happiness and the comforts of his own future life by contracting a new alliance,(87) and most heartily do I pray and trust that it will conduce to them; but, in the arrangements preliminary to it, it strikes me as quite imperative that he should place your and your wife's and children's position as regards the future on some surer footing than is guaranteed by the existing document (a mere post-obit bond) for what, as matters stand, as so far as I can comprehend them, seems to be the only portion of his property you are likely to succeed to and which I should conceive is likely to be most deeply imperilled by the pledges he will no doubt be called upon to give in the legal arrangements he will have to make, unless not only a distinct recognition of it but a priority of claim (as of an engagement previously entered into and binding) be embodied in some definite form as part and parcel of them.

(87) A reference to Joseph Alfred Hardcastle's engagement to Mary Scarlett Campbell.

The deed of trust which accompanies the same bond provides also for the payment to the trustees of £500 a year during your father's life; and, in case you should think yourself called on to relinquish this claim, I cannot help thinking it my duty to remind you that (being in the nature of a provision not for yourself alone but for others) you would clearly not be justified in so doing.

It may be very cold-blooded in me to write after this fashion, but I feel so satisfied that even between the nearest relatives a full and exact recognition of pecuniary claims and rights as affects all parties is essential to perfect confidence that I am content to risk the imputation.
Anyhow, you will believe me, my dear Henry etc, J.F.W. Herschel.
P.S. Should you think it right to shew this to your father, I can have no objection.

***

Mary Scarlet Campbell - 2nd Mrs Hardcastle

11
Henry Hardcastle to Sir John Herschel
4 Chesham Street, 31 March 1869

Original
My dear Sir John, I have given your letter to my father, and he will answer it. You need be under no apprehension that the interests of Maria and my children will be in any way compromised by any arrangements that are now to be made.
Believe me your affectionate son, Henry Hardcastle.

***

12
Henry Hardcastle to Sir John Herschel
4 Chesham Street, 17 April 1869

Original
My dear Sir John, I write a line to tell you what is the arrangement that has been come to, between my father and myself, with respect to the security for the part of it given to the trustees of my marriage settlement. My father has given as security for the bond a second mortgage on the Nether Hall estate. This property is worth say £40,000. The first mortgage on it is for £25,000, so that good security remains for a second mortgage of £10,000.

I could not, if I would, release him from the annuity of £500 a year, as the covenant to pay this sum is worded that any release or assignment of it on my part would vest it immediately in Maria or our children.

I hope this arrangement will be satisfactory to you and Lady Herschel. With love to all at Collingwood. Believe me your affectionate son Henry Hardcastle.

Sir John Herschel

***

13
Agreements
1

Draft Agreement
An Agreement made the [blank] day of [blank] 1868 between Joseph Alfred Hardcastle of Nether Hall near Bury St Edmunds in the county of Suffolk Esquire of the one part and Henry Hardcastle of Writtle in the County of Essex Esquire of the other part.(88)

(88) Dated 25 April 1869, J.A. Hardcastle Esq. MP and Henry Hardcastle, Draft Agreement, for the perusal of Henry Hardcastle. Enclosed Harry Everard. 'The original of the agreement was sent by me to my father, 14 September 1877', Henry Hardcastle. The date of the final document is elsewhere given, probably due to it being signed over several days, as 27 and 28 April.

Whereas the said Henry Hardcastle is the only son of the said Joseph Alfred Hardcastle, by his wife Frances Lambirth deceased, and became entitled on his attaining the age of twenty-one years to one fifth part of certain estates of considerable amount in the County of Essex under the will of Henry Lambirth Esquire, late of Writtle, aforesaid grandfather of the said Frances Hardcastle, subject to the life of the said Frances Hardcastle in the same estates;

And whereas the said Henry Hardcastle attained the age of twenty-on years on the twentieth day of December 1861; and whereas by indenture bearing date of the nineteenth day of July 1862, made between the said Henry Hardcastle of the first part, the said J.A. Hardcastle of the second part, Edward Luard Wollaston, Abraham Charles Reeve, Frederick William Newman and William Garnham Luard of the third part, the said Henry Hardcastle mortgaged the said estate to which he became entitled as aforesaid (subject to the life interest of the said Frances Hardcastle) for securing the sum of £8000 and interest as therein mentioned;

And whereas on the nineteenth day of July 1862 the said Henry Hardcastle advanced and lent to the said J.A. Hardcastle the said sum of £8000 upon certain agreements and stipulations as to security, interest and allowance made between them, but which agreements were never entirely or legally carried out; and whereas the said Frances Hardcastle departed this life on the 14 June 1865 and the said Henry Hardcastle became entitled in possession to one fifth of the said estates of the said Henry Lambirth deceased; and whereas the said J.A. Hardcastle was the tenant of certain messuages, breweries, lands and tenements being part of the estate of the said Henry Lambirth deceased for many years, and there carried on the business of a brewer, maltster and wine merchant at Writtle and Stambridge in the said county of Essex;

And whereas he, the said J.A. Hardcastle, having been desirous of retiring from the business and the said Henry Hardcastle, being desirous of entering into the same business as from the first day of October last, it was agreed between the said parties that the said J.A. Hardcastle should give up and make over to the said Henry Hardcastle one half of the said businesses so carried on by him the said J.A. Hardcastle on the terms and conditions hereinafter mentioned, which agreement has now been carried out;

And whereas by the marriage settlement of the said Henry Hardcastle the said J.A. Hardcastle covenanted to pay to the trustees of the said marriage settlement for the benefit of his son, the said Henry Hardcastle, during his life the annual income of £500 and at the death of the said J.A. Hardcastle to pay to the trustees of the said settlement the sum of £10,000; and whereas the said J.A. Hardcastle has retired from the said business of brewer, maltster, wine merchant so lately carried on by him and the said Henry Hardcastle has entered into the same or one moiety thereof (the other moiety in the said business having been taken by Thomas Usborne, who has become the partner of the said Henry Hardcastle) upon the terms following.

A full, true and just inventory and valuation has been made of all the stock in trade, horses, carts, carriages and utensils used in the said businesses and belonging to the said J.A. Hardcastle, which valuation amounted to the sum of £17,978 17s. 0d., and a valuation having also been made of the tenant's fixtures belonging to the said J.A. Hardcastle amounting to £1250, on the seventh day of January last paid or allowed in account with the said J.A. Hardcastle the sum of £8989 8s. 6d., being one moiety of the sum of £17,978 17s. 0d. and has since paid to or accounted for the sum of £625 being one moiety of this sum of £1250 or half part having been paid to the said J.A. Hardcastle Esq. by the said Thomas Usborne.

And the said J.A. Hardcastle on receipt of the said moiety of the said valuation immediately returned to the said Henry Hardcastle the sum of £8000 so advanced and lent as aforesaid by the said Henry Hardcastle to the said J.A. Hardcastle and the now these presents witness and it is hereby agreed as follows:

1. The said Henry Hardcastle hereby indemnifies the said J.A. Hardcastle from the payment of interest thereof on any covenants on his part contained in the said mortgage.
2. The said Henry Hardcastle has taken one moiety of the profits of the said business (under his proposed partnership with the said Thomas Usborne) and out of the said net profits thereof he is in the first place to pay or account to himself at the rate of 10 per cent on any capital he may advance in the said business and then to pay to the trustees of his marriage settlement the sum of £500 per annum, being the sum so agreed to be advanced by the said J.A. Hardcastle under the said Henry Hardcastle's marriage settlement; and the said Henry Hardcastle shall, so far as he lawfully can and may, release the said J.A. Hardcastle from the payment thereof and indemnify him from all covenants relating thereto so far as regards the said annual payments, but this is not to affect the payment of £10,000 as mentioned.
3. The profits of the said business are to be made up quarterly and the share to which the said Henry Hardcastle is entitled will under his said partnership be paid to him by quarterly payments and he shall, within one week after the receipt of such quarterly payments, pay to the said Joseph Alfred Hardcastle the sum of £125, subject to the deductions hereinbefore mentioned, if the profits of the said business will admit thereof but not otherwise.(89)
4. The said Henry Hardcastle in connection with the said Thomas Usborne having agreed to be lessees of certain estates for carrying on the said business for the term of five years only, it is mutually agreed between the said parties hereto that, if the said business is carried on for a longer period than five years, the stipulations and agreements herein contained shall continue as long as the said partnership exists and the said Henry Hardcastle remains in the said business; but should he retire therefrom, or should his share in the same in consequence of his death or otherwise be let or sold, the said J.A. Hardcastle shall be entitled during the term of his natural life to the interest of the sum of £5000 for which the said Henry Hardcastle's life is insured or is about to be insured; and the said Henry Hardcastle hereby agrees at once to effect such insurance and to pay the annual premium thereon.
5. The said J.A. Hardcastle shall give to the trustees of the said Henry Hardcastle's marriage settlement a second mortgage on the Nether Hall Estate for £10,000, in lieu of but not in addition to the said bond hereintofore referred to, but no interest shall be taken or allowed under the said mortgage till the death of the said J.A. Hardcastle.(90)
6. The said Joseph Alfred Hardcastle shall provide security to be hereafter agreed upon to the trustees of the said Henry Hardcastle's marriage settlement for the sum of £10,000, payable at the death of the said J.A. Hardcastle to the trustees of the said Henry Hardcastle's marriage settlement.

(89) 'The partnership deed provides that before profits are calculated, interest on capital shall be allowed. It would be very desirable some fixed sum could be named as payable to J.A. Hardcastle.' J. Howell Blood, marginal note.
(90) The original clause 5 (crossed out) read, 'The sum of £1500 per annum, if the share in the profits of the said business to which the said Henry Hardcastle is entitled amounts to the sum of £2500; but, if the said share amount to less than £2500, then the said Henry Hardcastle shall pay to the said J.A. Hardcastle such a sum as remains after deducting from the said share the sum of £860 be considered fair on reference if necessary in the usual manner'.

I submit the above for the perusal and consideration of Mr Henry Hardcastle with the following observations. The income of Mr Henry Hardcastle will I consider be about as follows:

One fifth rents of the estate	£700
Interest on capital in business (£12,500)	£625
Allowance from profits	£500
		£1825
Deduct interest on £8000		[£360]
		£1465

Of course I have not considered the interest of any monies Mr Henry Hardcastle may have beyond the capital embarked in the business, nor have I taken into account the profits of the business, the amount of which by way of income will depend on the amount paid to J.A. Hardcastle.

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2

And these presents further witness that as the said J.A. Hardcastle contemplates marrying again and making a marriage settlement of £5000, and in the event of a certain contingency a further sum of £5000, and being desirous from natural love and affection of putting the said Henry Hardcastle in as good a position as possible (having regard to the interests of any children the said J.A. Hardcastle may have by such second marriage), the said J.A. Hardcastle hereby covenants and agrees that should he have no children by his second marriage, or having such they should die under twenty-one years of age, the said sum of £5000 shall (subject to the life interest of the wife of the said J.A. Hardcastle) be held by the trustees of the marriage settlement in trust for the said Henry Hardcastle; and the said principal money paid to him, his executors, administrators and assigns on the death of the wife of the said J.A. Hardcastle; and should the said J.A. Hardcastle under the contingency hereinbefore referred to settle a further sum of £5000 on his said intended marriage, the same shall be held on similar trusts to the first mentioned £5000.

And it is further agreed on the part of the said J.A.  Hardcastle that the family pictures and also the plate now belonging to the said J.A. Hardcastle shall at his decease become the absolute property of the said Henry Hardcastle (in case of the death of the said Henry Hardcastle in the life time of his said father, the same shall become the property of the eldest son of the said Henry Hardcastle), subject nevertheless to the wife of the said J.A. Hardcastle being entitled to the use of such plate as may be considered necessary and proper for her use during her life and in case of disagreement the usual referees to be resorted to, as witness etc.

*

I have done the best I can with reference to a somewhat unusual agreement. I have, however, prepared a document embodying what I understand to be the intentions of the parties (and which will be legally binding so far as the nature of such a transaction will admit). I would suggest that Mr Henry Hardcastle should be one of the trustees of his father's marriage settlement. The second mortgage of Nether Hall and the insurance of Henry Hardcastle's life should be at once arranged. J. Howell Blood, 20 April 1869.