Citation
Indenture, 1 August 1882, between Thomas Tierney Fergusson and Anna Fergusson, his wife, and Anna Marie Madeleine Fergusson, his daughter, regarding property in Chefoo

Material Information

Title:
Indenture, 1 August 1882, between Thomas Tierney Fergusson and Anna Fergusson, his wife, and Anna Marie Madeleine Fergusson, his daughter, regarding property in Chefoo
Creator:
Fergusson, Thomas Tierney, 1818-1892 ( Author, Primary )
Fergusson, Anna, fl. 1887-1882 ( contributor )
Coke, Anna Marie Magdeleine, 1862-1947 ( contributor )
Place of Publication:
Chefoo
Publisher:
[manuscript]
Publication Date:
Language:
English

Subjects

Subjects / Keywords:
亞洲 -- 中國 -- 山東省 -- 煙台市
亚洲 -- 中国 -- 山东省 -- 烟台市
Genre:
archival materials ( sobekcm )
Spatial Coverage:
Asia -- China -- Shandong -- Yantai
Coordinates:
37.545383 x 121.401783

Notes

General Note:
Typescript manuscript, copy of the holographic manuscript
General Note:
Anna Marie Magdeleine Fergusson married Charles Henry Coke on 20 July 1883 to become Anna Marie Magdeleine Coke, Lady Coke
General Note:
Yantai, previously known as Chefoo, is located in present day (2020) Shandong province
General Note:
Chefoo was designated a treaty port by Treaty of Tientsin 1859
General Note:
Thomas Tierney Fergusson founded the trading firm of Fergusson & Co in 1861 following the establishment of a treaty port at Chefoo [Yantai]. Until 1889 he traded alone but then went into partnership with John Pender Wake. According to Frances Wood, author of No dogs and not many Chinese: Treaty port life in China 1843-1943 , "Chefoo was never much of a trading port, with only four foreign trading firms (three of them British) active in 1891, shipping beancake, vermicelli, peanuts, silks, hairnets, lace and fruits." During his time in Chefoo Fergusson was a staunch supporter of the Catholic St Mary's Church and of the Catholic Mission there. Fergusson went on leave to England in 1889, dying there unexpectedly, on 22nd November 1890. The firm Fergusson & Co continued under new ownership for a number of years but Fergusson's property was managed through agents in China, first by his widow, Anna Fergusson and, after her death, in 1908 by his daughter Anne Marie Madeleine, wife of Admiral Sir Charles Henry Coke. During Lady Coke's life the property was sold off in various lots, the last being sold in 1940.

Record Information

Source Institution:
SOAS University of London
Holding Location:
Special Collections
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
MS 380715 ( soas manuscript number )

Downloads

This item has the following downloads:


Full Text
COPY.
THIS INDENTURE made the first day of August one thousand eight
hundred and eighty two BETWEEN THOMAS TIERNEY FERGUSSON
Of Chefoo in the Empire of China, the Consul in such place of
the King Belgium, a Knight of the Austrian Empire of the Order
of FranoissJdseph and of the Order ftfthe Golden Spur of the
first part, ANNA FERGUSSON his wife of the second part and
ANNA MARIE MADELEINE FERGUSSON his daughter of the same place,
spinster of the third part.
WHEREAS the said Thomas Tierney Fergusson is possessed
of or entitled to the piece of land and property hereinafter
conveyed and is desirous of settling the same in manner
hereinafter appearing.
NOW THIS INDENTURE WITNESSETH that for effectuating
such desire the said Thomas Tierney Fergusson hereby grants
conveys assigns transfers and assures unto the said Thomas
Tierney Fergusson, Anna Fergusson and Anna Mad»ie Madeleine
Fergusson their heirs executors administrators and assigns
all that piece of land situate at Chefoo in the Empire of China
and known as the Tseu Ta Hong bounded on the North by land
belonging to the said Thomas Tierney Fergusson and by other
land belonging to Messrs. Cornabe & Co. on the South along
its whole length by Morrison Road on the ^ast by the Consular
Road and by land belonging to the said Messrs. Cornabe & Co.
and on the West by the bay of Yentai, TOBETHER with the Jetty
and tidal space in front, and on the West side of the said
piece of land and all the buildings erected thereon and all
the appurtenances thereto and which said premises are registered
in the register of the British Consulate at Chefoo as Lots Nos.
2, 2a, 22, 24, 31, 46, 47 on the North side of Morrison Road.


AND ALL the Estate right title property claim and demand
whatever of the said Thomas Tierney Fergusson in to and out of
the said premises or any part thereof TO HAVE AND TO HOLD the
same unto and to the use of the said Thomas Tierney Ferggsson
Anna Fergusson and Anna Marie Madeleine Fergusson their heirs
executors administrators and assigns absolutely upon the
trustaehereinafter declared concerning the sane that ite to say
UPON TRUST that the said Thomas Tierney Fergusson, Anna Fer-
gusson and Anna Marie Madeleine Fergusson or the survivors or
survivor of them or the executors or administrators of such
survivor or other the Trustees or trustee of these presents
hereinafter called the Trustees or Trustee shall if and when
they he or she shall think fit and proper so to do, sell the
/ ............................................ ---
same or any part thereof by auction or private contract and
either together or in parcels and generally in such manner and
subject to such conditions in all respects as they he or she
in their his or her absolute and uncontrolled discretion shall
think ^ttper and with power for the Trustees or Trustee to
postpone such sale for so long a period as they he or she shall
think proper and until the same and every part thereof shall
be sold, to lease, or agree to lease the same or the unsold
portion thereof to such person or persons (including the said
Thomas Tierney Fergusson, ) for such period or periods and on
such terms in all respects as to the Trustees or Trustee sjhsall
seem ptgjibr but £o Nevertheless that any lease o» Agreement for
lease to or with the said Thomas Tierney Fergusson shall be made
or entered into to or with him by his Co-trustees of co-trustee
and which lease or agreement .such co-trustees or .co-trustee
are hereby empowered and authorised to make and enter into
accordingly, AND IT IS HEREBY AGREED AND DECLARED that the
Trustees or Trustee shall stand possessed of the moneys to arise


from such sale UPON TRUST to invest the same in their his or her
or some or one of their his or her names or name at their
his or her sole and absolute and uncontrolled discretion in
or upon any investments of any kind whatsoever and notwith-
standing any sale of law or equity or practise of Trustees
to the contrary including power to make advances on the personal
security of the said Thomas Tierney Fergusson, his Co-trustees
or Co-Trustee taking such acknowledgement or security from him
as they he or she shall think proper and all and every or any
of the said Trustees as the case may be shall stand possessed
of such investments and the annual income thereof and of the
rents of the said lands and premises until sold upon Trust to
pay such annual income and rents to the said Anna Fergusson
during her life for her sole and separate use without power
of anticipation independently of her present or any future
husband and after her death upon Trust to pay two equal third
parts of which income and rent to the said Thomas Tierney
Fergusson during his life if he shall survive her and subject
thereto upon Trust to pay the whole of the said annual income
and rents to the said Anna Marie Madeleine Fergusson during her
life for her separate use without power of anticipation indepen
-dently of any husband and after her death shall stabd
possessed of the Capital and income of such investments IN
TRUST for all or such one or more of the others or other of
the issue of the said Anna Marie Madeleine Fergusson whether
children or remoter issue at such times and in such shares if
more than one and with such gifts over for the benefit of such
issue or more or one of them and generally in such manner for
the benefit of such issue or some or one of them as the said
Anna Marie Madeleine Fergusson shall by Need revocable or irre-
vocable or by will or codicil appoint ANN in default of and «htil


and. subject to any such appointment IN TRUST for all or any
the children or child of the said Anna Marie Madeleine
Fergusson who being sons or a son attain the age of twnety-
one years or who being daughters or a daughter attain that
ageoor marry under it and if more than one in equal shares
PROVIDED ALWAYS that any child who or whose issue shall take
any part of the said investments under any appointment in
pursuance of either the powers lastly hereinbefore contained
shall not be entitled to any further share in the unappointed
part thereof without bringing the appointed shares or share
into hotchpot and accounting for the same accordingly
PROVIDED ALWAYS that ifcat the cAacease of the said Anna Marie
Madeleine Fergusson any child or remoter issue of the said
Anna Marie Madeleine Fergusson entitled for the time being in
expectancy to a share of the said investments under these
presents or under any appointment to be made as aforesaid
shall be under the age of twenty-one years then and in every
such case and in default of any appointment to the contrary
the trustees or Trustee may but with the consent in writing of
any person having a prior life interest therein pay and
aPply the whole or such part as they he or she shall think fit
of the income of the expectant share of such minor for or
towards his or her maintenance or education with liberty for
the trustees or Trustee to pay the same to the Guardian or
any of the Guardians (whether duly appointed or not) of such
minor for the purpose aforesaid without being able,to see to the
application thereof and shall invest the residue (if any) of
the said income and the nesulting income thereof so as to
accumulate at compound interest to the intent that such
accumulations shall be added to the principal share from which
the same shall have arisen and follow the destination thereof.
But the trustees or trustee may at anytime resort to the accu-
mulations of a preceding year or years and apply same for
or towards the maintenance or education of any child or remoter


issue for the time biing presumptively entitled thereto.
PROVIDED ALSO that the Trustees or Trustee may at any time or
times after the death of the said Thomas Tierney Fergusson
and Anna his wife or with their his or her consent in writing
if they he or she shall be living and with the consent in
writing of the said Anna Marie Madeleine Fergusson during her
life and after hhr decease at the discretion 'of the Trustees
or Trustee raise any part or parts not exceeding together one
moiety of the vested or expectant share of any child or remoter
issue of the said Anna Marie Madeleine Fergusson under these
presents or under anjt such appointments as aforesaid and may
either pay the moneys to be so raised as Aforesaid to such
child or remoter issue or otherwise apply the same for his or
her advancement preferment or benefit as the Trustees or
Trustee with such consent or at such discretion as aforesaid
shall Think fit AND IT IS HEREBY AGREED that it there s&aXl be
no child of the said Anna Marie Madeleine Fergusson who attains
khvestedointerest under the trust in default of appointment
hereinbefore contained then subject to the Trusts and powers
hereinbefore contained the said investments and the income
thereof or sq much thereof as shall not have become vested
or been applied under any of the trusts herein contained shall
be held in trust for such person or persons and for such
purposes and generally in such manner as the survivor of the
said Thomas Tierney Fergusson, Anna Fergusson and Anna Marie
Madeleine Fergusson shall by will or codicil appoint and in
default of any such appointment or if the said Thomas Tierney
Fergusson shall be the survivor and entitled to make such
appointment as aforesaid then in trust for the said Thomas
Tierney Fergusson his heirs executors administrators and
assigns absolutely PROVIDED ALWAYS and it is hereby agreed
and declared that it shall be lawful for the said Annan Marie
Madeleihe Fergusson notwithstanding coverture from time to time


or at any time by deed revocable or irrevocable or by will
I or Codicil to' appoint to or in favour of any husband who
may survive her during the residue of his life or any less
period all gu?r any part of the said annual income and rents
AND that upon any such appointment the trusts and powers
hereinbefore limited to take effect after the death of the
said Anna Marie Madeleine Fergusson shall take effect only
after the determination of and in the meantime subject to
the interestjlimited by any -duch appointment AND IT IS HEREBY
AGREED AND DECLARED that the said Thomas Tierney Fergusson
Anna Fergusson and Anna Marie Madeleine Fergusson or the
survivors or survivor of them may during their hrs or her
life by any writing under their his or her hands or hand
appoint any additional Trustees or Trustee of these presents
to act together with them or any of them and may also upon
any vacancy occurring in the office of Trustee whether by
death incapacity or retirement appoint any person or persons
to fill up such vacancy and that after the death of the
survivor of the said Thomas Tierney Fergusson Anna Fergusson
and Anna Marie Madeleine Fergusson the power af appointing
new Trustees to fill up any such vacancy as aforesaid shad 1
be vested in the Trustees or Trustee for the time being
of these presents including if willing to act therein a
retiring Trustee PROVIDED ALWAYS and it is hereby agreed and
declared that no husband of the said Anna Mari.?——lulnxnn
Fergusson (other than the said Thomas Tierney Fergusson)
\ or Anna. Marie Madeleine Fergusson shall be a Trustee of
these presents and that if any such husband would by law
/ or otherwise be a trustee thereof he and if necessary his
; wife shall immediately thereupon cease to be a trustee or
I
trustees hereof IN WITNESS whereof the said parties to
these presents have hereunto set their hands and seals the


day and year first above written
SIGNED SEALED AND DELIVERED )
)
by the above named THOMAS )
) (sgd) THOS. T. FERGUSSON.
TIERNEY FERGUSSON in the )
)
presence of:- )
)
(sgd) H. P. M’CLATCHIE,
H.3.M.Consul,
(sgd) Fred, du JARDIN,
in Messrs. Ferguseon & Go.
SIGHED SEALED AND DELIVERED )
)
by the above named ANNA ) (sgd}
)
FERGUSSON in the presence of:-)
)
(sgd) Hi Pi M'CLATCHIE,
H.B.M. Consul
ANNA FERGUSSON
(sgd) Eretl. du JARDIN.
Clerk in Messrs. Fergusson & Co.
SIGNED SEALED AND DELIVERED )
)
by the above named ANNA MARIE )
)
MADELEINE FERGUSSON in the )
)
presence of:- )
)
(sgd) H. P. M'CLATCHIE.
(sgd)
AMA MARIE MADELEINE
FERGUSSON
H.B.M.Consul,
(sgd) Fred. du JARDCLN,
Clark in Messrs. Fergusson & Co.


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