The Indenture of 1874
A very precious document was recently offered to me for transcription. It is a pristine indenture on vellum belonging to Francis Darwin which was later discharged to his son Bernard Darwin. I am honoured and grateful to the persons who entrusted me with this assignment and granted me a permission to share a snippet where the signatures of Charles Darwin, Francis Darwin, Lawrence Ruck and his daughter Amy Ruck can be seen. ~ Christine
Description of the indenture: The set consisting four pages is arranged in a manner where the first page is placed at the bottom, followed by the second on top of it, then the third and the fourth. The bottom of the first page (of about one inch?) is then folded up to hold all the pages together. The whole indenture is then tied together with a white thread four times in near equal spacing along the folded-up portion. The folded-up portion bears the signatures of the parties named in the document. The accompanying sealing wax appear to be a generic one, which was probably part of the stationery provided at the law office. Only the first page has a scalloped or wavy edge at the top. This is done as a safeguard against counterfeiting. Typically, a duplicate is made for the other party. When placed together, the wavy edges should match — signifying the documents to have been cut from the same piece, proving its authenticity.
The text is in cursive writing in black ink, interspersed with calligraphy writing in bold. The first page begins with ‘This Indenture’ which has elaborate, calligraphic curlicues all around it. The stationer’s company stamp ‘Witherby & Co, London, E.C’ is embedded in the elegant design. The first and second pages bear the revenue and tax stamps. The front pages are framed double-lined in red. The whole document is then folded twice horizontally and twice vertically.
On 16 April 1874, Darwin wrote to his solicitor William Mackmurdo Hacon1 (1821-1885) with the news of Francis and Amy’s engagement and their intended marriage in July. Darwin informed Hacon that although the Rucks “are not poor”, he knew of an “extraordinary will” which Lawrence Ruck made whereby should he pre-decease his brother, his own children will inherit nothing. Hence, Darwin felt he ought to leave his daughter-in-law an allowance. (DCP-LETT-9415) The reply from Hacon, according to the Darwin Correspondence Project (DCP), has not been found.
The DCP has also noted that “According to CD’s Investment book (Down House MS), p. 134, CD settled £5000 of North Eastern Railway debenture stock each on his children Henrietta Emma Litchfield [m. 1871], Francis Darwin [m. 1874], and Horace Darwin [m. 1880], on their respective marriages.” (DCP-LETT-12256)
Francis Darwin in Life and letters of Charles Darwin, vol. 1, p. 120, describes “I had a proof of this quality in the feeling with which Mr. Hacon, his solicitor, regarded him. He had never seen my father, yet had a sincere feeling of friendship for him, and spoke especially of his letters as being such as a man seldom receives in the way of business: — “Everything I did was right, and everything was profusely thanked for.”
Darwin’s present to Francis and Amy was a sum of “five thousand pounds four pounds percent Debenture Stock of the North Eastern Railway Company”1. The witnesses named therein are Horace Darwin (1851-1928), Charles Crawley (1846-1899), Amy’s father Lawrence (‘Laurence’ in the document) Ruck (1819-1896), and Amy’s brother Arthur Ashley Ruck (1847-1939).
The indenture is an intricate but a rather convoluted document with explicit instructions on how the trust is to be managed from one generation to the next.
In 1906, Francis Darwin decided to transfer the trust to his and Amy’s son Bernard Richard Meirion Darwin (1876-1961). Bernard by then was in his 30th year and was about to be married. Francis’ intent is recorded on the verso of the last page of the indenture and has only 14 lines. Francis Darwin discharged himself of the trust into the hands of Bernard. Bernard married Elinor Mary Monsell (1879-1954) in 1906 and they had one son and two daughters.
1 Five thousand pounds in 1874 has an equivalent purchasing power of £708,568.14 today. (CPI Inflation Calculator)
Transcript of the document:
[On the back of the first page of the Indenture]
Dated the 22nd day of July 1874
Marriage Settlement
Charles R. Darwin Esqre.
Francis Darwin Esqre.
Miss A R Ruck — and — Trustees
Dated 30th July 1906 Release ~ by ~ Francis Darwin Esqre. of Power of Appointment over Trust Funds (endorsed) —
Signed sealed and delivered by the within named Charles Robert Darwin in the presence of –
George Howard Darwin of Trinity College Cambridge Barrister–at–law
Signed sealed and delivered by the within named Francis Darwin in the presence of
Erasmus Alvey Darwin of 6 Queen Anne St. Cavendish Sq. London Esqre.
Signed sealed and delivered by the within named Laurence Ruck in the presence of Edward Morgan [sor] Machynlleth
Signed sealed and delivered by the within named Amy Richenda Ruck in the presence of
Erasmus Alvey Darwin of 6 Queen Anne St. Cavendish Sq. London Esqre.
Signed sealed and delivered by the within named Horace Darwin in the presence of
Wm. M Hacon 18 Fenchurch Street London Solicitor
Signed sealed and delivered by the within named Charles Crawley in the presence of
[J. Henry] Buckland Clerk to Mr Hacon 18 Fenchurch Street London Solicitor
Signed sealed and delivered by the within named Arthur Ashley Ruck in the presence of
Wm. M. Hacon 18 Fenchurch Street London Solicitor
[First page: in pencil at the top left of the document] “Stamp £12 = 15/- (part on next skin)”
[Blue tax and revenue stamps of six pound each.]
[Ink stamp:] “LONDON 25.6.74 T’’
This Indenture made the twenty second of July in the year of our Lord one thousand eight hundred and seventy four Between Charles Robert Darwin of Down House near Beckenham in the County of Kent Esquire of the first part Francis Darwin of Down House aforesaid Esquire one of the Sons of the said Charles Robert Darwin of the second part Laurence Ruck of Pantlludw Machynlleth in the principality of Wales Esquire and Amy Richenda Ruck of the same place Spinster the Daughter of the said Laurence Ruck of the third part and Horace Darwin of Down House aforesaid Esquire Charles Crawley of No 5 Old Square Lincolns Inn in the County of Middlesex Esquire Barrister at Law and Arthur Ashley Ruck a Lieutenant in her Majesty’s 8th Regiment of Foot and now residing at the Gymnasium in Chatham on the said county of Kent of the fourth part whereas a marriage has been agreed upon and is intended to be forthwith solemnized between the said Francis Darwin and Amy Richenda Ruck with the approbation of her Father the said Laurence Ruck testified by his executing these presents And whereas the said Charles Robert Darwin was lately possessed of or entitled to the sum of Five thousand pounds Four pounds per cent Debenture Stock of the North Eastern Railway Company standing in his own name and in his own right in the Books of the said Company And whereas upon the treaty for the said intended marriage the said Charles Robert Darwin agreed to transfer the said sum of Five thousand pounds Four pounds per cent Debenture Stock unto the said Horace Darwin Charles Crawley and Arthur Ashley Ruck and that they should stand and be possessed thereof upon and for the trusts with intents and purpose and with under and subject to the powers and provisions hereafter expressed and declared of or concerning the same And whereas in pursuance of the said recited Agreement the said Charles Robert Darwin has transferred the said sum of Five thousand pounds Four per cent Debenture in Stock into and the same is now standing in the name of the said Horace Darwin Charles Crawley and Arthur Ashley Ruck in the Books of the said Company as they the said Horace Darwin Charles Crawley and Arthur Ashley Ruck do hereby respectively acknowledge Now this Indenture witnesseth that in further pursuance of the said recited agreement and in consideration of the said intended marriage It is hereby agreed and declared by and between the said parties hereto And the said Charles Robert Darwin Doth hereby direct That the said Horace Darwin Charles Crawley and Arthur Ashley their executor administrators and assign shall stand and be possessed of the said sum of Five thousand pounds Four pounds per cent Debenture Stock of the North Eastern Railway Company so transferred to them as aforesaid and of the dividends and income thereof Upon trust for him the said Charles Robert Darwin his executors administrators and assigns until the said intended marriage shall be solemnized and from and immediately after the solemnization thereof then Upon and for the trusts intents and purpose and with under and subject to the powers and provisions hereafter expressed and declared of or concerning the same that is to say Upon trust that they the said Horace Darwin Charles Crawley and Arthur Ashley Ruck or the survivors or survivor of them or the executors or administrators of such survivors (all of whom are hereafter included in the expression the said Trustees or Trustee) do and shall either permit and suffer the said sum of Five thousand pounds Debenture Stock to remain in it present state and uncorrected or upon the request in writing of the said Francis Darwin and Amy Richenda Ruck during their joint lives or of the survivor of them during his or her life and after the decease of such survivor as the direction of the said Trustees or Trustee sell out and convert the same or any part thereof into money and do and shall with the consent in writing of the said Francis Darwin and Amy Richenda Ruck during their joint lives and of the survivor of them during his or her life and after the decease of such a survivor then at the direction of the said Trustees or Trustee lay out and invest the money produced by such sale and conversion in their or his names or name either in or upon the parliamentary stocks or public funds or Government run securities of the United Kingdom or upon real or leasehold securities in England or Wales and not elsewhere (but so nevertheless that a term of sixty years at the most shall be outstanding in any leasehold premises shall be accepted as is security) or in or upon the mortgages bonds debentures or debenture stock or guaranteed stock or share or proforma stock or shares or Ordinary stock or shares of any Railway or other joint stock company incorporated by Act of Parliament or Royal Charter the purposes whereof are confined to in United Kingdom or some or one of the British Colonies or Dependencies or in or upon the Government Stock Funds or a securities of any such Colony or Dependency or of any foreign country or state And do and shall from time to time with the like consent or at the like direction as aforesaid as the case may so alter vary and change such investments for others of the same or the like nature either as occasion shall require or as shall be thought proper or expedient And upon further trust that the said Trustees or Trustee do and shall from time to time yearly and every year during the natural life of the said Francis Darwin and until he shall be declared a Bankrupt or shall assign anticipate or incumber the or attempt to assign anticipate or incumber the dividends interest and income of the said sum of Five thousand pounds Four per cent Debenture Stock or of the stock funds shares and securities for the time being representing the same or any point thereof or shall do same act whereby or be in consequence of which and either directly or indirectly and by operation of Law or otherwise be would if absolutely entitled to the said dividends interest and income be deprived or be liable to be deprived of the beneficial enjoyment thereof & pay the said dividends interest and income to him the said Francis Darwin or otherwise permit and suffer him to receive the same for his own use and benefit And in case the said Francis Darwin shall be declared as bankrupt or any other of the event hereinbefore mentioned for determining his interest shall happen do and shall thenceforth from time to time yearly and every year during the then remainder of his life if and so long do the said Amy Richenda Ruck or any issue of the said intended marriage shall be living receive the said dividends interest and income and pay and apply the same in such manner for the maintenance or benefit of the said Amy Richenda Ruck or such issue of the said intended marriage or any one or more of them as the said Trustees or Trustee shall in
[Second page: in pencil] £6 = 10/-
[Blue tax and revenue stamp]
[Ink stamp:] “LONDON 6.6.74 T’’
Their or his discretion think fit And from and immediately after the decease of the said Francis Darwin in case the said Amy Richenda Ruck shall survive him do and shall thenceforth from time to time yearly and every year during the natural life of the said Amy Richenda Ruck pay the said dividends interest and income to her the said Amy Richenda Ruck and if she shall marry again for her sole use and benefit separate and apart from and exclusive of any after taken husband and so that the same may not be under his control or subject or liable to his debts contracts forfeiture or engagements and so that she may not deprive herself of the benefit thereof in any mode of anticipation or alienation and so that the receipts in writing of the said Amy Richenda Ruck may alone be effectual discharges for the said dividends interest and income Andfrom and immediately after the decease of the survivor of them the said Francis Darwin and Amy Richenda Ruck then do and shall stand and be possessed of the said sum of Five thousand pounds Debenture Stock or the stocks funds shares and securities representing the same and the dividends interest and income thereof Upon trust for and for the benefit of all and every or any one or more exclusively of the other or others of the Child or Children of the said Francis Darwin and Amy Richenda Ruck or of the issue of any such Child or Children born during the lives of the said Francis Darwin and Amy Richenda Ruck or the life of the survivor of them or upon trust and for the benefit of all and any or any one or more exclusively of the other or others of such Child or Children and all and every or any one or more exclusively of the other or others of the issue form as aforesaid if any such Child or Children in such manner and form and if more than one in such shares and proportions and with such limitations over or substitutions in favor of all everyone or more of the others or other of the said Children and issue respectively and to vest and be payable and paid transferred or assigned at such age or ages day or days upon such contingencies and under and subject to such directions and regulations for maintenance education and advancement and such conditions and restrictions as the said Francis Darwin and Amy Richenda Ruck at any time or times during their joint lives by any deed or deeds to be executed by them in the presence of and to be attested by two or more witnesses shall either absolutely or with power of avocation and new appointment (such new appointment to be in form of some one or more of the object of this present power) jointly direct or appoint And in default of and subject to such joint direction or appointment then as the survivor of them the said Francis Darwin and Amy Richenda Ruck at any time or times after the decease of the other of them and as to the said Amy Richenda Ruck notwithstanding any future coverture shall by any deed or deeds with or without power of avocation or new appointment such new appointment to be in favor of some one or more of the object of this present power) to be executed by him or her on the presence of and to be attested by two or more witnesses or by his or her Will or Codicil direct or appoint And in default of and subject to such direction or appointment as last aforesaid Upon trust for and for the benefit of all and every the Children and Child of the said Francis Darwin by the said Amy Richenda Ruck who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or be married with the consent of her or their parents or parent guardians or guardian for the time being which as to each of them respectively shall first happen to be divided between or amongst the same Children if more than one in equal shares as tenant in common and their respective executors were administrators and assigns And if there shall be only one such Child then the whole sum of Five thousand pounds Debenture stock or the stocks funds shares and securities representing the same and the dividends interest and income thereof shall belong to and be in trust for such one Child and his or her executors administrators and assigns absolutely And in case there shall be no child of the said intended marriage or no child who being a son shall attain the age of twenty one year or being a Daughter shall attain that age or be married with or to consent as aforesaid then subject to the trusts aforesaid do and shall stand and be possessed of the said sum of Five thousand pounds Stock and the stocks funds shares and securities representing the same and the dividends interest and income thenceforth so much and such part of the same respectively as shall not have been otherwise disposed of are according to the true intent and meaning of these presents or any appointment to be made in pursuance of the powers herein contained Upon trust for the said Charles Robert Darwin executors administrators and assigns absolutely Provided always and it is hereby agreed and declared that no Child of the said intended marriage who or whose issue shall take any part of the said trust funds and premises hereby settled or intended so to be under or by virtue of and direction or appointment under either of the powers hereinbefore contained shall as against his or her Brother or Sister Brothers or Sisters have or be entitled to any share of the unappointed part thereof without bringing the appointed part or [illeg.] into hotchpot and accounting for the same accordingly unless such appointment shall contain or express direction to the contrary Provided always and it is hereby agreed and declared that unless the contrary shall be directed by any such appointment as aforesaid it shall be lawful for the said Trustees or Trustee at any time or times after the decease of the survivor of them the said Francis Darwin and Amy Richenda Ruck to apply all or any part of the income arising from the then expectant portion or share of each any or either of the Children of the said [word erased] intended marriage of and it the stocks funds shares and securities for the time being subject to the trusts hereinbefore declared for or towards his her or their maintenance education and benefit during his her or their minority or respective minorities in such manner do the said Trustees or trustee shall think fit or to pay such income to the Guardians or Guardian for the time being of any such Child for the purpose of being so applied without any liability of seeing to the application thereof And also after the decease of the survivor of them the said Francis Darwin and Amy Richenda Ruck or in the life time of both or either of them with them his or her consent in writing to raise for each any or either of the Children of the said intended marriage any part not exceeding one half of the then noted or expectant portion or share of the same Child of and in the said stocks funds shares and securities and to apply.
[Third page] The monies so to be raised for or towards the advancement or preferment in the world or in marriage or establishment in life or otherwise for the benefit of the Child for whom the same shall be so raised as aforesaid in such manner as the said Trustees or Trustee shall think fit and that the monies so to be advanced for each of the said Children respectively shall be considered as part of his or her said portion or share and shall be deducted and allowed out of the same accordingly notwithstanding his or her death before such portion or share shall become absolutely vested in him or her And further that so much of the income arising from the portion or share of each of the same children respectively as shall not be applied for his or her maintenance education or benefit shall from time to time be added to the principal of such portion or share to be improved at interest Together with the same and as a part thereof by way of compound interest and follow and be subject to all the trusts and limitations hereinbefore expressed and declared of or concerning the principal of such portion or share but nevertheless it shall be lawful for the said Trustees or Trustee from time to time to resort to any such accumulations for the maintenance and education or benefit of the Child for this time being presumptively entitled thereto Provided always and it is hereby agreed and declared that it shall be lawful for the said Trustees or Trustee upon any request in writing of the said Francis Darwin and Amy Richenda Ruck during their joint lives and of the survivor of them during his or her life from time to time to invest all or any part of the trust premises hereby settled or stand so to be or of the stocks funds shares or securities for the time being constipating or representing the same or the produce thereof or of the hereditaments and premises which shall be purchased as hereinafter mentioned in the purchase of any fee simple hereditament in England or Wales either of freehold or copyhold or partly of freehold and partly of copyhold toward and of any leasehold presences in England or Wales in which a term of sixty years at the least shall be subsisting at the time of such purchase and upon such request as aforesaid and after the death of the survivor of them the said Francis Darwin and Amy Richenda Ruck at the discretion of the said Trustees or Trustee to convert such hereditaments and premises into money by a sale thereof and to stand and be possessed of the moneys arising by such sale upon the same or the like trusts as are hereby declared of the moneys which shall be invested in the purchase of the hereditaments and premises so to be purchased as aforesaid and from time to time until such a sale to make leases of the same hereditaments and premises at full improved unto either from year to year or for any term not exceeding twenty one years as the said Francis Darwin and Amy Richenda Ruck or the survivor of them shall require and after the death of such survivor then as the said Trustees or Trustee shall think fit And also in the meantime and until such sale to apply the rents and income of the hereditaments and premises to be so purchased in the same manner and for the benefit of the same persons and in the same shares and proportions as the interest of the monies to be invested in such purchase as aforesaid would have been applicable in case the same had not been made And in all other respects to stand and be seized and possessed of and intrusted in the hereditaments and premises to be purchase from time to time as aforesaid Upon the same or the like trusts and with under and subject to the same or the like powers and provisions as if the same were personal estate Provided always and it is hereby agreed and declared that it shall be lawful for the said Trustees or Trustee to compromise or compound any action suit proceeding difference dispute claim or demand relating to the trust premises or any part thereof upon the terms which they or he shall think proper and to refer any such difference dispute claim or demand to arbitration and to do all acts and execute all instruments to expedient for such purposes or any of them And in all cases in which any question of law or Equity shall arise in relation to the said trust premises or any part thereof to settle and arrange the same in such manner as shall be advised by their or his Counsel and to abandon and relinquish any claim in relation to all or any part of the said trust premises and generally to compromise settle and adjust all claims accounts demands and questions on anyone relating to or affecting or arising as to the said trust premises or any part thereof Provided always and it is hereby agreed and declared that every receipt which shall be given by the said Trustees or Trustee for any moneys stocks or funds payable or transferrable to them or be in under or by virtue of these presents shall to all intents and purposes discharge the person or persons paying or transferring the moneys stocks and funds therein acknowledged or expressed to have been received from all liability of seeing to the application thereof and from all responsibility for as on account of the misappropriation or manipulation of the same or any part thereof Provided always and it is hereby agreed and declared that in case the said Horace Darwin Charles Crawley Arthur Ashley Ruck or any or either of them or any new trustee or trustees to be appointed under this present provision shall die or decide to be discharged from the trusts hereinbefore declared or shall neglect or refuse or become incapable to act heretofore the same shall be fully performed then and in that case and as soon and as often as the same shall happen shall be lawful for the said Francis Darwin and Amy Richenda Ruck during their joint lives and for the survivor of them during his or her life and after the decease of such survivor or in the case of their his or her defines for one calendar month after they [illeg.] he or she shall be thereunto requested by the trustees or trustee for the time being of this settlement or the executors or administrators of the last acting trustee then for the acting trustees or trustee for the time being or the last acting trustee or the executors or administrator of the last acting trustee and for this purpose every retiring trustee shall if willing to act in the exercise of this present power be deemed an acting trustee) to nominate and appoint any person or persons to supply the place of the trustee or trustees respectively so dying desiring to be discharged or refusing neglecting or becoming incapable to act as aforesaid And that immediately after every such appointment the trust estate shall be assigned and transferred so that the same may rest in such new trustee or trustees jointly with the surviving or continuing trustees or trustee or solely as the case may require and that every such new trustee shall have and may exercise the same powers privileges and authorities as if he had been appointed a trustee by these presents Provided always and it is hereby lastly agreed and declared that the several trustees hereby appointed and the trustees to be appointed by virtue of the provisions lastly hereinbefore contained and each and every of them respectively shall be charged and chargeable only for such monies as they respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their respectively or forming or joining or signing or signing [sic] any receipt or receipts for the sake of conformity by and out of the or more of them shall not be answerable or accountable for the other or others of them nor for any involuntary loss whatever And that it shall be lawful for them respectively by and out of the moneys which shall come to their respective hands by virtue of the trusts aforesaid to deduct retain and reimburse to and for themselves respectively And also to allow to their Co trustees or co trustee all costs losses damages and expenses which they respectively shall sustain or be put unto in and about the execution of the aforesaid trusts or in relation thereto In witness whereof the said parties to these present to have hereunto set their hands and seals the day and year first above written.
[Signatures with hot sealing wax of:]
Charles R. Darwin
Francis Darwin
Lawrence Ruck
Amy Richenda Ruck
Horace Darwin
Charles Crawley
Arthur A. Ruck.
[Back of the third page]
[Tax and revenue stamp of ten shillings]
[In pencil] G [illegible] 17
To all to whom these presents shall come the within named Francis Darwin sends greeting Whereas the marriage between the said Francis Darwin and the within named Amy Richenda Ruck was duly solemnized shortly after the date of the within written Indenture And whereas the said Amy Richenda Ruck (then Amy Richenda Darwin) died on the eleventh day of September One Thousand eight hundred and seventy six without having concurred with the said Francis Darwin in making any appointment of the within mentioned Trust Funds under the joint power of appointment vested in them by the within written Indenture And whereas there was issue of such marriage one child and no more namely Bernard Richard Meirion Darwin And whereas a marriage has been agreed upon and is intended to be solemnized between the said Bernard Richard Meirion Darwin and Elinor Mary Monsell and whereas the said Francis Darwin is desirous to release the power of appointment over the within Trust Funds reserved to him as the survivor of himself and the said Amy Richenda Darwin by the within written Indenture Now these presents witness that for effectuating such desire and in consideration of the said intended marriage the said Francis Darwin doth hereby subject to the proviso hereinafter contained) release and for ever discharge the trust funds comprised in and subject to the within written Indenture from the power of appointment reserved to him as such survivor as aforesaid by the within written Indenture to the intent that the same shall henceforth be absolutely extinguished and cease to be exercisable Provided always and the said Francis Darwin doth hereby declare that if the said intended marriage between the said Bernard Richard Meirion Darwin and Elinor Mary Monsell shall not take place within six calendar months from the date hereof the presents and everything herein contained shall be void In witness whereof I have hereunto set my hand and seal this Thirtieth day of July One Thousand nine hundred and six.
Francis Darwin
Signed sealed and Delivered by the above named Francis Darwin in the presence of Charles Monsell…90 Elm Park Gardens S.W.}
clerk
Walberg Pitts [Suckee] 115 Leadenhall street London E.C Solicitor