CO885-(13-15) — Page 127

PUBLIC RECORD OFFICE

LITTI

| | | | | | | | | | | | | | | |!!||

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

2

By this latter deed it is declared that the property thereby conveyed to the trustees aforesaid shall be held upon trust for the sole and separate use of the said Jane Emily Rosado, and shall be beyond the control of any husband; it is provided further that the said trustees shall hold the said property for the use and benefit of the heirs of the body of the said Jane Emily Rosado, and failing these for the use and benefit of anyone to whom the said Jane Emily Rosado may devise the

same.

The said Jane Emily Rosado is dead, having left no will and never having had any children at all by her husband.

She had, however, one illegitimate child who predeceased her.

My opinion is asked as to what are the claims and rights of Mrs. Cowel the half sister of Jane Emily Rosado. Mrs. Cowel is legitimate by the same mother as Jane Emily Rosado but by a different father.

I am of opinion that Jane Emily Rosado, being illegitimate, having had no children born in wedlock, and having died intestate, is absolutely without heirs, that the various trusts and uses under the indenture of the 21st September 1875 have entirely failed, and that the property is escheatable to the Crown.

(Signed) H. R. PIPON SCHOOLES,

Attorney-General's Office,

OPINION of Mr. ACTING ATTORNEY-GENERAL LOGAN.

April 12, 1882.

I am of opinion that Jane Emily Rosado being illegitimate, and having had no children born in wedlock, is absolutely without heirs, and that having died intestate, and prior to the 14th day of August 1884 (the date of the passing of the Intestates Estates Act, 1884), and her estate being equitable only, the property is not escheatable to the Crown.

ROBERT H. LOGAN,

Acting Attorney-General,

British Honduras,

(Signed)

May 20, 1889.

This Indenture made this twenty-first day of September Anno Domini one thousand eight hundred and seventy-five between Israel Meighan of Belize in the Colony of British Honduras, carpenter, as trustee for Llewellyn Maximilian Arthurs. the son of George Frederick Arthurs and Caroline Francis his wife of the one part. herein-after called the grantor, and James Harley and James McMurrich Currio of the same place respectively, merchant and mercantile clerk, as trustees for the purposes herein-after mentioned of the other part, herein-after called the grantees.

Whereas by a deed of conveyance in trust dated the 8th day of August 1873, George Frederick Arthurs of Belize aforesaid, tailor, granted and conveyed unto the said Israel Meighan, the grantor hercof inter alia that piece or parcel of land or house, and lot situate in Albert Street, Belize, and formerly the property of John Everard Stain, and herein-after described, but which deed of conveyance in trust contains the proviso that it shall be lawful for the said Israel Meighan at any time time during the life of the said George Frederick Arthurs, with his consent in writing, to dispose of by sale the hereditaments therein granted, and that the receipt of the said trustee shall effectually discharge the person paying the same from being accountable for the application or non-application thereof, and whereas James Welsh, Esquire, of Maison Kanoni, Bulward Republique, Alger, Algeria, has provided funds for the purchase of a property or dwelling to the use and benefit of his daughter Jane Emily Rosado (née Welsh), and is desirous of securing said property to her from the con- sequences of her overture to be absolutely free from the control of and from the debts, liabilities, or engagements of her present or any future husband, and to this end has requested James Harley and Jaines M. Currie aforesaid, the grantees herein, to act as trustees in the premises,

Now this Indenture witnessoth that for and in consideration of the sum of nine hundred and twenty-five dollars paid to the said Israel Meighan by the said James Harley and James M. Currie the grantees, the receipt whereof is hereby acknowledged.

3

the said grantor by and with the consent in writing of the said George Frederick Arthurs is attested by his becoming a party to and signing this indenture doth by these presents grant, convey, transfer, and release unto the aforesaid grantees all that piece or parcel of land situate in Albert Street in Belize aforesaid, butting and bounding north on the premises formerly of Joseph Lord and now of Mrs. Quilter. south on premises occupied by Jane Longsworth, east on Albert Street, and west on premises of James Cato, or howsoever otherwise the same may be butted, bounded, known, or described, with all houses, outhouses, erections, buildings, tanks, and appurtenances thereto belonging, and all the estate, right, title, trust, property, claim, and demand whatsoover of him the aforesaid Israel Meighan, or those for whom he hold in trust of the said G. F. Arthurs into and out of the same and every part thereof,

To have and to hold the said piece and parcel of land, hereditaments, and premises unto the use of the said grantees James Harley and James M. Currie, their heirs and assigns, upon trust to and for the uses, interests, and purposes hereinafter expressed and declared, that is to say, upon trust to and for the separate use and benefit of said Jane Emily Rosado, free separate and apart from her present or any future husband. and not to be liable in any manner for his or their debts, liabilities, or engagements, also free from his or their control or occupation at any time to come, and to the use and benefit of the heirs of her body, and failing which, to the use and benefit of the person or persons, his or their heirs and assigns to whom the said Jane Emily Rosado may devise or bequeath the same by will or testament duly executed.

Provided always that it shall be lawful for the grantees as trustees, their executors and administrators or any other trusteo or trustees to be named in the room and stead of the aforesaid James Harley and James M. Currie at any time during the life of the said Jane Emily Rosado with her consent in writing, and after her death during the minority of any child of hor born at the discretion of the said trustees or trustee for the time being, to dispose of by sale or in exchange for other property the said bereditaments upon such terms and such conditions as the said trustees shall think fit without being responsible for any loss that may be occasioned thereby, and to revoke the uses and trusts then subsisting in the hereditaments so sold and disposed of, and appoint the same to such uses and in such manner as shall be expedient to effectuate such sale and exchange; and it is hereby declared that the receipt of the said trustees upon any monies paid to them upon any sale, or for equality of purchase or exchange under the power of sale, and exchange herein-before contained Shall effectually discharge the person or persons paying the samo therefrom absolutely. And it is further declared that the said trustees shall, with such consent and at such discretion as aforesaid, lay out the money received upon any sale or for such equality of sale, purchase, or exchange in the purchase of other hereditaments and premises, and shall settle or cause the same to be settled to the uses and upon the trusts and subject to the powers heroby limited as far as the deaths of parties and other intervening circumstances will permit.

And it is further provided that if the said Jane Emily Rosado should depart this life leaving heirs of her body begotten, or her legatees or beneficiaries be minors, then the aforesaid trustees or trustee for the time being shall act as guardians for the said minors, and, if they shall deem it expedient, rent the premises and pay and apply the profits to the maintenance and education of said heirs and beneficiaries.

Provided always that, and it is hereby declared and agreed that if the said trustees or either of them, or any trustee to be hereafter appointed, shall depart this life or be desirous of being discharged, or refuse or become incapable to act in the said trusts before the same shall have been fully determined, then and in each case it shall be lawful for the said Jane Emily Rosado, and in case of her death for the persons beneficially interested or entitled to the said trust estate and premises by writing under his or their hands and seals to nominate and appoint some other fit and proper person to be a trusted or trustees in the place and stead of the said James Harley and James M. Currie or other trustees or trustee so dying or desirous of being discharged, or becoming incapable to act as aforesaid, and upon such appointment all and overy the trust premises herein-before mentioned shall be conveyed and transferred so and in such manner that the same may vest such new trustee or trustees upon the same trusts, uses, interests, and purposes as are herein-before expressed and declared of and concerning the same or such of them as shall be then subsisting and capable of taking offect.

And the said Israel Meighan the grantor doth hereby for himself, his heirs, executors, and administrators, with the consent hereto of the said G. F. Arthurs, doth