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PUBLIC RECORD OFFICE

IC.O

Reference :-

885/25

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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The Dresdner Bank, jointly with Mi. Neubauer, granted a credit to Wilson's (Glasgow and Trinidad), Limited, who mortgaged the above properties to Mr. Neubauer. A Company (Trinidad Properties, Limited) was formed, in which the Dresdner Bank and Mr. Neubauer were jointly interested, to acquire and work the

estates.

The outbreak of war prevented the completion of the necessary formalities for effecting the transfer to the Company, and the position therefore remains as before, Mr. Neubauer being the mortgagee in possession, and the Dresdner Bank has no security against its advance to Wilson's (Glasgow and Trinidad), Limited, amounting to approximately £50,000.

I understand that Mr. C. de Verteuil, who acts as agent for the properties, is also the Receiver and Manager of Neubauer and Huttenheim (in liquidation).

I am informed by my solicitors that no return of enemy property can be made by me to the Custodian for England and Wales, as the bank are not legally possessed of any interest in the property.

HON. RECEIVER-GENERAL,

Enclosure 2 in No. 188.

I have, &c.

L. MALTBY.

I HAVE seen Mr. Alcazar in connection with the estates which are claimed by the Trinidad Properties, Limited. He has given me all the information I asked of him, and has further placed my hands the deeds under which that Company claims to be possessed of the properties in question.

Mr. Carl de Verteuil has also answered fully all the questions I have put to him.

The material facts, as I gather them from those deeds and from my inquiries, appear to be as follows:-

I. By deed dated 12th December, 1911 (registered in the protocol of deeds as No. 2569 of 1911), Wilson's, Limited (E. C. Wilson and J. R. Wilson) mortgaged certain properties not under the Real Property Ordinance to Neubauer as nominee for the Dresdner Bank, to secure Wilson's, Limited, account current with the bank. Certain lands under the Real Property Ordinance were also mortgaged to Neubauer for the same purpose by a memorandum of even date with the deed.

II. Further advances were made or required by Wilson's, Limited, and by deed of 22nd August, 1912 (registered in protocol of deeds as No. 2745 of 1912), which was declared to be supplemental to the deed of 12th December, 1911, and also by memorandum of mortgage dated 22nd August, 1912, Wilson's, Limited, mortgaged certain estates not under the Real Property Ordinance, and others under the Real Property Ordinance, to cover further advances not exceeding £10,000.

III On 26th November, 1912, Wilson's, Limited, went into voluntary liquidation, Charles Ker being appointed Liquidator.

IV. By order of the Court of Session in Scotland of 20th December, 1912, the liquidation was continued under the supervision of the Court.

V. The Liquidator disputed the mortgages referred to in paragraphs I. and II. as fraudulent preferences, but on 25th February, 1914, an agreement, to be subject to the sanction of the Court, was made between the Liquidator and the Dresdner Bank, whereby, among other things, it was agreed :-

(a) that the Liquidator should surrender to the bank all the estates referred

to in the deeds mentioned in paragraphs I. and II. except "El Paraiso and "La Concession":

(a) It purports to be dated the 14th July, 1914. (b) The parties are described as :-

(i) Wilson's, Limited, as of the first part.

(ii) E. C. Wilson and J. R. Wilson of the second part.

(iii) J. R. Wilson of the third part.

(iv) Charles Ker of the fourth part.

(v) F. A. Neubauer of the fifth part

(vi) The Dresdner Bank of the sixth part.

(vii) The Trinidad Properties, Limited, of the seventh part.

VIII. This deed has been signed by the parties of the first, second, third, and fourth parts as described in the deed.

There is no need for the party of the seventh part to sign. The Dresdner Bank signed by its attorneys, with the sanction of Sir William Plender, the Controller of the London branch of the Dresdner Bank, on 27th January, 1915.

Neubauer, in whom the legal estate is vested, has been prevented by the outbreak of war from signing.

IX. The conveyance of 14th July, 1914, recites at the top of page 9 that the Dresdner Bank had entered into possession of the properties mentioned in the deeds referred to in paragraphs I. and II. The date of entry is recited earlier in the deed to have been made on 2nd December, 1912, under their security. The Hon. Carl de Verteuil informed me that he entered into possession on 2nd December, 1912, on behalf of Neubauer.

X. As regards the lands under the Real Property Ordinance mentioned in paragraphs I. and II., these appear to have been vested in the Trinidad Properties, Limited, by means of a memorandum of transfer dated 20th August, 1914, as regards the signatories in London, but actually executed by the Trinidad signatories on 14th July, 1914.

XI. As regards lands not under the Real Property Ordinance, the deed men- tioned in paragraph VII. never having been executed by F. A. Neubauer, the bare legal estate still remains vested in him, though it would appear that under the deed of 14th July, 1914, the whole beneficial interest is vested in the Trinidad Properties, Limited.

XII. I am of opinion that, under the circumstances above set forth, Mr. de Verteuil is, strictly speaking, bound to make a return under section 5 of Ordinance No. 19, 1916, of the properties not under the Real Property Ordinance, on which he entered on behalf of F. A. Neubauer, on 2nd December, 1912; but unless the position is made clearer than it is at the moment, it is difficult for me to advise the Custodian. XIII. I suggest that this minute be sent to the persons in control of the Trinidad Properties, Limited, in England, with a view to getting at all the facts and settling on a course of action. As I stated at the commencement of this minute, all the facts set forth above have been obtained either from deeds and instruments lent me by Mr. Alcazar or from Messrs. Alcazar and de Verteuil personally. I know nothing personally about these matters.

H. C. GOLLAN,

Attorney-General.

17th February, 1917.

Enclosure 3 in No. 188.

VALUE SET ON THE PROPERTIES.

'Siparia," in the Ward of Oropouche

La Josefina," in the Ward of Manzanilla

**

1.

4

2.

3.

44

Soconusco," in the Ward of St. Ann's

4.

[C

5.

(4

(b) that the Dresdner Bank should accept the properties mentioned in (a) in satisfaction of their claims on current account against Wilson's, Limited;

(c) that the bank should procure Neubauer to surrender all rights to "El Paraiso" and "La Concession" to the Liquidator, and that the bank should concur in such transfer.

VI. The sanction of the Court was obtained to the agreement referred to in paragraph V.

VII. In order to carry out the agreement referred to in paragraph V., a deed of conveyance has been prepared. It may be said that the conveyance of the proper ties in question is, at the request of the Dresdner Bank, made to the Trinidad Properties. Limited.

Mira Flores," in the Ward of Princes Town

La Victoria," in the Ward of Cunupia

6. Nos. 54, 54A, and 56, Marine Square, 2 and 4, Frederick Street, and 11, 13, and 16, Henry Street, Port of Spain

4

£41,666 13 4

16,666 13 10,416 13 4 1,979 3 4 833 6 8

20,833 6 8

£92,395 16 8

D. SLYNE,

Receiver-General, Custodian.

22nd February, 1917.

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