Wateringbury 'Bread' charities (1915)

Post date: Mar 09, 2012 5:23:12 PM

Extract from the Parish Magazine of August 1915:

THE CHARITIES OF OLIVER STYLE AND HENRY WOOD.

The origin of the above-named charities is stated with sufficient clearness in a communication addressed by the Secretary to the Charity Commission to the Clerk of the Parish Council, Wateringbury under date 15th July, 1915.

'It appears that Oliver Style in 1622 gave 1s. weekly to be laid out every Sunday in bread and that such bread was distributed amongst six poor men appointed as vacancies occur by the Minister and Churchwardens, and that Henry Wood, by his will dated 2 November 1630 gave to the Churchwardens and parishioners of Wateringbury and their successors for the use of the said Parish 40s. yearly to be distributed on the Sunday next after Candlemas day [Feb. 2nd] in the afternoon to the poor of the said Parish by and at the discretion of the Vicar and Churchwardens and the person that should dwell in his house called Wardens and also gave to the Minister of the said Parish for the time being for a sermon to be preached in the afternoon of the same Sunday 8s. yearly.'

The Local Government Act, 1894 (56 and 57 Vic. c. 73) drew a distinction between ecclesiastical and non-ecclesiastical charities, and made certain regulations respecting the appointment of trustees by Parish Councils. In this connection there may be quoted a passage from a letter from the Charity Commissioners under date 17th June, 1895.

'In the opinion of the Commissioners the Charity of Oliver Style is non-ecclesiastical and parochial within the meaning of the Local Government Act, 1891 and the Parish Council may appoint Trustees thereof in place of the Churchwardens under Section 14 (2) to act with the Vicar.The Charity of Henry Wood is partly ecclesiastical and partly non-ecclesiastical. . . . The Parish Council will therefore be at liberty to appoint Trustees of the non-ecclesiastical part in place of the Churchwardens as in the case of the Style's Charity.'

In 1895 the Parish Council appointed, to act with the Vicar as trustees, Mr. R. H. Fremlin and Mr. W. Jude, who were then Churchwardens, and the appointment has been renewed from time. Recently these two gentlemen have retired from the trust, and the Parish Council has appointed the present churchwardens, Dr. Southwell Sander and Mr. R. French to succeed them.

The Charity Commissioners have lately discovered that the opinion they expressed in their letter of 17th June, 1895, was vitiated by the fact, not then brought to their notice, that in 1888 an Order of the Local Government Board effected the transfer of Lille Hoo from the Civil Parish of Wateringbury to that of Yalding; and in a letter to the Clerk to the Parish Council, dated 15th July, 1915, they say " it is therefore requisite that the Trusteeship of the Charities should be regularised as soon as practicable by of a Scheme legally established." An application will accordingly be made to the Charity Commissioners for "an Order establishing a Scheme for the Administration of the Charities" of Oliver Style and Henry Wood, such application being signed, as suggested by the Commissioners, " by the present Vicar and Churchwardens, Messrs. Fremlin and Jude and the present owner of the house called Wardens [Mr. Fremlin]." In view of the facts detailed above, I venture to suggest that the case will be met by an application, made upon the regular form received from the Commissioners, in the following terms: -

That a Scheme to the following effect should be established for the administration of the Charities viz.: — "The authorization of the appointment, by the Parish Council, every third year, beginning with the year 1915, of two parishioners of Wateringbury to act with the Vicar for the time being as Trustees of both the said Charities."

In respect of the Style's Charity the sum of 52s. is paid annually to the Trustees by the owner for the time being of Wateringbury Place.

In respect of the Wood's Charity, commonly known as the Lidsing Charity, the following Order being an " Authority to Redeem Rentcharge," has recently been made :

CHARITY COMMISSION.

In the Matter of the Charity of HENRY WOOD, in the Parish of WATERINGBURY.

County of KENT, founded by Will dated 2nd November, 1630;

and In the Matter of " The Charitable Trusts Acts, 1853 to 1914 "

WHEREAS the Trustees of the above-mentioned Charity claim to be entitled, on behalf of the said Charity, to a perpetual Annuity, or Yearly Payment of £2 8s. charged upon, or issuing out of certain hereditaments formerly known as Lydgeon Farm, and now called Court Farm situate in the Parishes of Lidsing, Chatham, Boxley and Bredhurst, in the County of Kent, now in the possession or ownership of Jane Ann Prentis:

AND WHEREAS the said Trustees and the said Jane Ann Prentis have lately concurred in submitting to THE BOARD OF CHARITY COMMISSIONERS FOR ENGLAND AND WALES a proposal for the redemption of the said Yearly Payment, and for effecting the compromise and adjustment of all claims the said Jane Ann Prentis and her successors in estate in relation thereto, upon the terms of the transfer in trust for the said Charity of a sum of £96 Consols, the yearly dividends whereof shall be paid to the Trustees for the time being of the said Charity in trust for the purpose thereof, in lieu of the said Yearly Payment and in absolute extinction thereof:

AND WHEREAS, in pursuance of the said proposal a sum of £96 Consols was on the 22nd February 1915 being then of the value of £65 16s. 5d. cash, transferred with the approval and under the direction of the said Board into the name of "The Official Trustees of Charitable Funds" in trust for the said Charity :

NOW THE SAID BOARD having considered and inquired into the premises, and being of opinion that the said proposal is fit and proper, and for the benefit of the said Charity, and the terms of the said proposal having been fully satisfied and performed on the part of the said Jane Ann Prentis by the transfer aforesaid, and all arrears of the said Yearly Payment having been fully paid and discharged :

DO HEREBY ORDER that the transfer so made of the aforesaid sum of Stock into the name of the Official Trustees of Charitable Funds shall take effect and operate as a final and absolute redemption of the said Yearly Payment, and as a complete and effectual compromise and adjustment of all claim on behalf of the said Charity in respect thereof, and that the said Yearly Payment shall henceforth cease, and be absolutely extinguished, and that the Order hereby made shall be a final bar to all actions, suits, claims and demands whatsoever on behalf of the said Charity for the recovery of the said Yearly Payment, from or against the said Jane Ann Prentis, her heirs, executors or administrators, or her or their successors in estate :

AND THE SAID BOARD DO HEREBY CERTIFY, in pursuance of Sec. 73 of the Finance (1909-1910) Act, 1910, that the transaction hereby effected does not form part of a larger transaction series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds £500.

Sealed by Order of the Board this 2nd day of July, 1915. L.S.

The redemption and transfer has been effected by Mr. Fremlin acting on behalf of the Trustees has been arranged that the dividends shall be paid quarterly by " The Official Trustees of Charitable Funds" into an account at the Union of London and Smith's Bank, Maidstone, in the name of "Wateringbury Trustees of Henry Wood's Charity," and that the Vicar for the time being shall be empowered to withdraw annually the sum required for the purposes of the trust.

All the papers relating to these charities will be placed for safe keeping in the Church Chest in the Vestry. G. M. LIVETT, Vicar