Deed of Trust

The following is a transcript of the 1923 Deed of Trust

To all to whom these Presents shall come Ethel Mary Tugwell of Lee in the County of Devon Widow Ralph Longstaff of Twitchen Morthoe in the County of Devon D.S.O., J.P. a Colonel (retired) in His Majesty’s Army and William Fisher MacMichael Clerk in Holy Orders as the Vicar for the time being of the Parish of Lee aforesaid send greeting Whereas the said Ethel Mary Tugwell Ralph Longstaff and William Fisher MacMichael have collected the sum of Seven hundred pounds for the erection establishment and maintenance of the War Memorial Hall hereinafter mentioned and they have also received divers gifts of furniture books pictures and other articles for the purposes of the said Memorial Hall And whereas by an Indenture bearing even date herewith and made between the said Ethel Mary Tugwell of the first part the said Ethel Mary Tugwell Ralph Longstaff and William Fisher MacMichael of the other part and executed immediately before the execution of these presents the freehold hereditaments being Nine perches of land situate in the Parish of Lee in the County of Devon adjoining St. Matthews Church yard and being on the south side of the road or street leading from Morthoe to Ilfracombe having been conveyed to the said Ethel Mary Tugwell Ralph Longstaff and William Fisher MacMichael in fee simple And whereas the patties hereto are desirous of declaring the trusts upon which they hold the said hereditaments money furniture books pictures and other articles Now these presents witness that it is hereby declared as follows:-

  1. 1.       The said Ethel Mary Tugwell Ralph Longstaff and William Fisher MacMichael and the survivors and survivor of them and other the trustees or trustee for the time being of these presents (all of whom are hereinafter included in the expression the Trustees or Trustee) will stand possessed of the said sum of Seven hundred pounds and all monies which may hereafter be given for the several purposes of the Memorial Hall hereinafter mentioned or which may be received by the Trustees or Trustee hereunder (all of which sums are hereinafter included in the expression the trust fund) upon trust to apply the same in erecting a Memorial Hall in Memory of the Inhabitants of the Parish of Lee who laid-down their lives in the Great War of 1914 - 1918 and maintaining the same in perpetuity in accordance with these presents and with and subject to the powers and provisions hereinafter contained.
  2. 2.       The Trustees or Trustee may pay out of the trust fund all rent rates taxes cost of licenses for holding entertainments costs of insurance repairs and other outgoings at any time payable in respect of the premises and all costs and expenses of enlarging altering and furnishing and fitting up the said Memorial Hall and may also pay out of the trust fund the salaries or wages of all or any servants and all other expenses of and incidental to maintaining and carrying on the said Memorial Hall or the management of the trust fund or any purpose connected with the trusts of these presents.
  3. 3.       The Trustees may from time to time set apart any part or parts of the trust fund and accumulate the same by investing the same and the resulting income thereof in the names or name of the Trustees or Trustee or of such other persons as they or he shall from time to time direct in any investments authorised by law as Trustee investments as a building fund with a view to its being applied as and when the Trustees or Trustee shall think fit for the purposes aforesaid or any of them.
  4. 4.       The Trustees or Trustee shall have the absolute management and entire control of the Memorial Hall so to be erected and the trust fund and may make and rescind and alter such regulations (not being inconsistent with these presents) as they or he may think fit with respect to the purposes for which the manner in which the persons by whom the terms and conditions on which and the times when the Memorial Hall shall be used and otherwise as the Trustees or Trustee shall think necessary for the purposes of these presents or in connection with any of the trusts or powers herein contained and the Trustees or Trustee may at any time (notwithstanding anything herein contained) impose a charge for the use of the Memorial Hall on all or any persons using the same.
  5. 5.       The Trustees will hold the said freehold premises so conveyed to them by Indenture of even date and the furniture books pictures and other articles so given as aforesaid and all such other articles as may hereafter be purchased by them out of the Trust Fund as which may hereafter be given to them as such Trustees for the general purposes of the said Memorial Hall and to permit the same to be used for such purposes accordingly.
  6. 6.       The Trustees or Trustee may at any time permit the whole or any part of the Memorial Hall to be used either gratuitously or otherwise for lectures soirees entertainments meetings or otherwise.
  7. 7.       Any new trustees or trustee to be appointed as hereinafter mentioned shall be selected from such persons or person only as may at the time of his or her election be permanently resident within five miles of St. Matthews Church Lee North Devon and any person who may subsequent to his appointment as a Trustee cease to reside within such distance of the said Church shall ipso facto cease to be a trustee and shall for the purposes of the Trustee Act 1893 be deemed to be a person who has refused to carry on the trust.
  8. 8.       All or any of the trusts and powers vested in or exercisable by the Trustees or Trustee under these presents shall so long as there shall be not less than three trustees hereof be capable of being performed or exercised by a majority of the trustees hereof for the time being and any action or decision of such majority shall be as valid and effectual as it would have been if done or made by all the trustees for the time being.
  9. 9.       On the appointment of any New Trustee or New Trustees the retiring Trustee or Trustees shall at the expense of the trust do all things necessary for vesting the freehold premises in the Trustees as then constituted and will meanwhile hold the said premises in trust for such Trustees but it shall not be incumbent on such New Trustee or New Trustees to insist that the freehold premises shall be conveyed to him or them jointly with the continuing Trustees or Trustee but the continuing Trustees or Trustee shall hold the said premises in trust to convey the same to the full body of Trustees for the time being on demand from the new Trustee or Trustees.
  10. 1.     It shall be lawful for any Trustee or Trustees for the time being of these presents to retire from the trusts upon giving one calendar months notice in writing to the continuing trustees stating such his or their intention and thereupon at the expiration of such calendar month’s notice the trustee or trustees giving such notice shall be deemed to have retired from the trusts so far as regards the powers of management of the Memorial Hall and premises. If all the Trustees shall at the same time be desirous of retiring a notice to that effect and summoning a meeting to elect their successors shall be posted at the porch of the Church of St. Matthew in Lee and a similar notice shall be exhibited in the window of the Lee Post Office and one calendar month after the putting up of such notice the Trustees shall be deemed to have retired so far as regards the powers of management of the Memorial Hall and premises.
  11. 1.     The power of appointing new Trustees shall be vested in the adult inhabitants of the Parish of Lee and shall be carried out in the following manner that is to say:- If at any time the number of Trustees shall fall below three by reason of death, removal from the district, retirement, or through any other reason then the trustees for the time being of these presents or the retiring trustees if all of such trustees dying simultaneously then the executor or executors of one of such deceased Trustees shall cause a Notice to be posted (a) at the Porch of the Church of St. Matthew Lee (b) and at duplicate of such notice at the Post Office Lee convening a meeting of the adult inhabitants of the Parish of Lee to be held at the Memorial Hall at a date not later than fourteen days nor earlier than seven days after the date on which such duplicate notice shall have been posted as aforesaid for the purposes of electing a new trustee or new trustees as the case may be to fill the vacancy or vacancies which has or have occurred.
  12. Such duplicate notice may contain the name or names of any proposed candidate or candidates for election as trustee with the names of the proposer and seconder of each such candidate (but nothing herein contained shall prevent the name or names of any other candidate or candidates from being duly proposed and seconded at such meeting prior to a ballot being taken). A chairman shall be elected by a show of hands to preside at the meeting and the decision of the chairman as to the exact time a ballot shall take place at the meeting so convened shall be final And upon the name or names of the new trustee or trustees having ' been elected shall take office.

In Witness whereof we have hereunto set our hands and seals this eighteenth day of July One thousand nine hundred and twenty three.

Signed sealed and delivered by the above             }

named Ralph Longstafl‘ in the presence of            }        R. Longstaff

Olive Goodwin Elleishi Bexhill (Spinster)                }

Signed sealed and delivered by the above             }

named Ethel Mary Tugwell in the presence of      }        Ethel M. Tugwell

Alice Maud Armstrong Chapel Cottage Lee           }

N. Devon (Spinster)                                                 }

Signed sealed and delivered by the above             }

named William Fisher MacMichael in the             }        W.F.A. MacMichael

presence of Michael H. Dawkins Park Cottage      }

Lee (Barrister at Law)                                             }