Trust History

1864 23 May The Committee appointment of 5 Trustees (ref Committee Minutes of same date) – “They were requested to act as Trustees of the new Lease on behalf of the Club”.

1865 3 May The Trustees were appointed for life at SGM as ex-officio Committee members. It was expressly stated “the whole property of the Club being vested in five trustees whose names are sufficient guarantee for the future welfare and prosperity of the Club”.

1866 26 March The Committee Minutes record on P 491 “The 5 Trustees to execute a Deed of Trust as to the Ground being held in Trust for the MCC”.

These two separate events are of immense importance as they refer A) to the transfer of the new Lease into the ownership of the 5 Trustees and B) the creation of a Deed of Trust in respect of the freehold land of Lord’s Cricket Ground nearly two years later.

The Deed of Appointment of a new Trustee, the Earl of Dartmouth, dated 30 August 1937 recognises “or other thing in action which are subject to trusts for the Club”. Note the use of the word “trusts” in the pleural. This is prima facie evidence of the fact that more than one MCC trust exists.

What is the nature of each trust?

A) may be defined as a bare or simple trust

B) is much more difficult to define but according to Rivington’s `Law of Property in Land (1959) P336 “There is no need for writing in the case of implied, resulting or constructive trusts, they arise by operation of Law.”

In this case with no Trust Deed being found, the operation of Law is very clearly identified in the MCC Club Rules and the Trustee Conveyance and Assignment Deed dated 31 August 1937.

1867 The Club Rules list the Officers of MCC as President (One year), Treasurer, Secretary and 5 Trustees (all lifetime appointments).The Committee is composed of these 8 Officers + 16 members (4 years each and 4 retiring annually).

1867 Rule XII “The property of the Club shall be considered as vested in the Trustees for the time being. The Committee shall have the entire management of the property, funds, and affairs of the Club, the preparation of bye-laws and regulations (not inconsistent with the general rules of the Club), and the decision of all the questions arising as to the construction of the rules, bye- laws, and regulations of the Club. Three Committee-men to be a quorum. But the freehold, copyhold and leasehold property of the Club shall be leased, charged, sold, settled, or otherwise disposed of, and similar property shall be acquired for the Club, by purchase, lease, gift or otherwise, on such terms and in such manner in all respects, as a special general meeting shall determine; and a special general meeting may at any time or times revocably delegate, either generally or in any particular transaction or series of similar transactions, all or any of the powers of special general meetings, in respect of such property, either to the Committee or to the Trustees, and also ratify any acts which either the Committee or the Trustees shall have done in respect of such property without such previous delegation, and everything done in pursuance of this rule, shall bind every member of the Club as fully to all intents and purposes as if he had individually assented thereto”.

In our efforts to uncover the historical events associated with the Lords Trust we arrive next in 1937 when the Members at SGM appointed a new Trustee to fill a vacancy and authorized the 5 Trustees to appoint a Custodian Trustee

1937 31 August Custodian Trustee appointed (Glyn Mills & Co)

After this date the Trustees continued to act in a management capacity when any property transaction took place at Lords. The Secretary MCC Lt Col Rait Kerr was empowered on behalf of the Trustees during the Second World War years to complete any documents on their behalf. The dates below reflect the change in title of the Custodian Trustee Glyn Mills & Co

1953 7 August Glyn Mills & Co.appear on property transactions

1976 7 July Williams and Glyns Trust Co. replaces Glyn Mills & Co

1986 26 September Royal Bank of Scotland (RBS) replaces Glyn Mills & Co.

From 1953 onwards numerous property transactions took place at Lords with the Custodian Trustee appearing to act in a management capacity.

Of particular importance are the Conveyances relating to leases of property at Lords to the TCCB (28 February 1986) and the ECB (15 July 1996) by RBS on behalf of the Club. When did the Members approve of these leases at SGM and where is the authority to act as Custodian Trustee given by MCC Trustees to RBS to act on behalf of the Trust?

Trustee Rule changes

The following dates are important milestones when the original Trustee arrangements have been changed

1951 AGM The maximum number of Trustees was reduced from 5 to 4

1965 Trustee period in office set at 3 years only

1988 Trustees not allowed to vote at Committee meetings but are given the powers of veto in any property sale

1990 Trustee vote restored

2004 AGM The Rules of the Club were re-written and the Trustees (3) were no longer Club Officers or Committee members and were “referred to” from time to time by the Committee. The Custodian Trustee was given Powers and Duties under Rule 17.2 “to enter into, execute and deliver all such instruments, deeds or assurances whatsoever as the MCC Committee may from time to time stipulate”.

This, on the face of it, appears to create a serious breach of Trust and unlawfully removes the powers of the Trustees and their duties of care regulated by the Deed of Trust executed in 1866 for the benefit of MCC and confirmed by the Trustee Deeds of 1937.