To no V P.z. 214/25/112
It was announced under
No 36844 in relation to fixing the duty charges
Office for fixing duty charges
Prague, 3 November 1927
C o p y
Duty stamp for 5 crowns
Between JUDr. Max Ervín Lobkowicz, secretary of the embassy of Czechoslovakia in London, as a registered successor in the fideicommissum of Václav Eusebij prince Lobkowicz and as a general assistant to Ferdinand Zdenko Lobkowicz, landlord in Bílina, legally represented by Dr. Arnošt Barborík and Dr. Ferdinand Mendl, lawyers in Prague,(under a power of attorney dated 2. November 1927), on the one hand, and JUDr. Ferdinand Josef Lobkowicz, as a paternal guardian of the minor Zdenek Hyacint Lobkowicz and Klotilda Lobkowiczová, private traders in Prague IV, Jirská street, represented by JUDr. Bedrich Lorman, lawyer in Prague II, Vodickova street, Lucerna palace (under a power of attorney dated 1 March 1927), the following
was signed on the date given below.
Taking into consideration the decision of the High Court in Brno dated 27. April 1927, ref. No R.I 249,290and 251/271, the decision of the district court for Malá Strana in Prague dated 13. May 1925 ref. No II 241/25/8 was changed by the decision of the zemský(regional) civil court in Prague dated 31. May 1927 ref. No R IX 454/26/104as follows:
the trusteeship approval is withdrewn from the contract on compensation for the cancellation of fideicommisum established by Václav Eusebij prince from Lobkowicz and on regulations concerning the freed (restituted) property, which was concluded between the second-born son of the last holder of the fideicommissum Max Ervín Lobkowicz and Dr. Mojmír Lepar, the former collision (court appointed)guardian of the minor Zdenek Hyacinth Lobkowicz, son of husband and wife Dr. Ferdinand Josef Lobkowicz and Klotilda Lobkowiczová , on 12 May 1925. This is done because the former contract contradicted the interests of the aforementioned minor Zdenek Hyacith Lobkowicz, who shoul be - as the first-born child in the senior line, i.e. in the marriage of the first-born son of the last holder of the fideicommissum - regarded as the first heir(claimant) according to reason § 2 section 2 Act. No 179, year 1924.
The aforementioned, recognizing this legal status and simultaneously having withdrawn the revision complaintsubmitted before this decision was taken, have concluded a new compensation contract in favour of cancelling the fideicommissum and on compensating the succession claims of the minor Zdenek Hyacint Lobkowicz, represented by the paternal guardian Dr. Ferdinand Josef Lobkowicz, legally by Dr. Bedrich Lorman, laweyr in Prague,which reads as follows:
a) Dr. Max Ervín Lobkowicz shall deposit within 14 days of the approval of this agreement by the court of ward, 10 000 000 (ten million Czechoslovak crowns in cash) in favour of the minor Zdenek Hyacint Lobkowicz and this shall be given to the hands of Dr. Bedrich Lorman, lawyer in Prague, as an executive attorney of the paternal guardian Dr. Ferdinand Josef Lobkowicz, this sum shall be doposited in pupillar valuables as a court deposit at the Zemská bank in Prague, the temporary administration of this deposit shall be trusted to Dr. Bedrich Lorman, lawyer in Prague.
The court deposit placed at Zemská bank on the account No Db. 8682 in accordance with original compensation agreement in favour of the minor Zdenrk Hyacint Lobkowicz shall be subtracted from this sum and at the same time, the life insurance up to 1 000 000 Czechoslovak crowns in favour of the aforementioned minor in ward concluded with Assiearazione Generali Insurance Company in Terst will be annulled and Dr. Max Ervín Lobkowicz may freely use it.
b)Dr. Max Ervín Lobkowicz pledges furthermore, that on the basis of this agreement, which is at the same time a d e b i t n o t e , within one month of the court decision he shall ensure with registration a further sum of 6 000 000 (six million Czechoslovak crowns) in favour of the minor Zdenek Hyacint Lobkowicz. At the same time the parties agreed that the said sum of 6 000 000 crowns is payable after 6 months to both parties in the form of free withdrawal against a 6 percent interest from the date of delivery of the decision of the court court approval of this contract, so that this interest and in the case of their late payment, further 6 percent for default is payable six months retroactively. The following fideicimmissum (family) estatesserve as guarantee for this debt: Bílina estate registered in supplement No 300 of the zemskyfiles as a main guuarantee and Novosedly nad Bilou and Jezerí estates in file No 840 of the zemsky files, as additional guarantees.
c) To ensure the future of the minor Zdenek Hyacinth Lobkowicz as well as possible, Dr. Max Ervín Lobkowiczirretractably pledges to sell to the minor Zdenek Hyacinth Lobkowicz one of the 3 premises, i.e. either the Lobkowicz manor, registered in supplement 896 of the zemsky files (from so-called allodial property) of the Nelahozeves estate, registered in suppl958 of the zemsky files and exluded from confiiiscation/nationalization in accordance with § 20 of the appropriate Act or subject to the approval of the State Land Office, the Jezerí Castle with forests of at least 1000 to 1500 hectares, registered in suppl. No 992 of the zemsky files at a market price, which will be agreed between the parties on the basis of expert evidenceand is subject to court approval.
If the contracting parties do not come to an agreement, regarding the market price of one of the premises, the district court for Prague West shall fix these prices for both parties legally and irrevocably, as the court of ward of the minor Zdenek Hyacint Lobkowicz, and this shall be done after hearing of the court experts.
The compensation sum that Dr. Max Ervin Lobkowicz is to ensure according to para. II ab b) of this agreement, or the sum that Dr. Max Evin Lobkowicz is to place as a court deposit according to para. II ab a) will be reduced by the purchase price agreed between the parties or stated by the court.
The commitment to sell one of thee aformentioned premises constitutesthe integral part of this contract.
But the agreement on the purchase and sale of the aforementioned estates shall be concluded between the parties within two months of the court approval of this contract, otherwise the planned purchase of one of the aformentioned estates shall be abandonded and the obligation of Dr. Max Ervín Lobkowicz for the refistration ensurance of the aformentioned sum of 6 000 000 crowns with 6 percent interest, 6 percent interest default and a surety of 120 000 crowns for the extra obligations comes into effect, and the paternal guardian of the minor Zdenek Hyacint Lobkowicz wil be entitled to, with a proviso of the court approval, to find another suitable real estate for purchase, not from the Lobkowicz family.
Interest on both sums of 10 000 000 crowns and 6 000 000 and the yield on the purchased estate, while preserving its substance, which will be available for the period till Zdenek Hyacint comes of age, will be paid to his parents in equal parts and in the case of death of one of them to the one alive in the same amount, and that for the reason, that except the appanage neither of them has any other income and so that theycould take care of their son' s eduacation appropriate to his position.
Dr. Max Ervin Lobkowicz shall deposit a further sum of 4 000 000 crowns (four million Czechoslovak crowns) ti the hands of Dr. Bedrich Lorman, lawyer in Prague, in equal parts for husband and wife Dr. Ferdinand Lobkowicz and Klotilda Lobkowiczová within 14 days of the approval of this contract. In the case of death of one of them the whole remaining sum belongs to the one alive in the full amount.
Dr. Max Ervín establishes and by this agreement has already established in favour of the minor Zdenek Hyacint Lobkowicz and his descendants with right of co-use by his brothers and/or sisters and his parents and eventually their future children, a servitude of a free apartment in hause No 3 in Prague-Hradcany on the second floor, consisting of 6 rooms and one kitchen with appurtences and the necessary rooms for servants, and which should be appropriate to the position of the aformentioned minor and his parents.
This right of joint free use of the said appartment belongs to the minor Zdenek Hyacint Lobkowicz and his descendants, further his brothers and/or sisters and his parents and their future children for as long as they live.
This appartment will be furnished with antique furniture and the carpets from Roudnický Castle, namely with those pieces which were once selected and marked for Dr. Ferdinand Josef Lobkowicz by his mother, former princess Lobkowiczová and at the same time the minor Zdenek Lobkowicz shall become the owner of the whole aforementioned appartment equipment. In the case the aformentioned furniture is not sufficient to furnish the aformentioned appartment, Dr. Max Ervín Lobkowicz is obliged to complement it with the furniture of similar type and style from Roudnický Castle or the Hradcanský Palace.
Dr. Max Ervín Lobkowicz establishes and by this agreement has already established a servitude of a free summer apartment in the Jezerí Castle, which is part of the fideisommissum (family) estate of Novosedly nad Bilou and Jezerí, in favour of the minor Hyacint Zdenek Lobkowicz and his descendants, with the right of joint use by his brothers and/or sisters and his parents and eventually their future children, consisting of 6 rooms and 1 kitchen with appurtenances and the necessary rooms for servants, the said summer apartment shall be appropriate to the position of the aforementioned minor and his parents and completely furnished.
This right of the free joint use of the said apartment is approprate to the Zdenek Hyacinth Lobkowicz and his descendants, further to his brothers and/or sisters and his parents and their future children as long as they live, namely annualy from June to the end of September, and the family of the minor Zdenek Hyacint Lobkowicz shall pay their own expenses from their own means.
If in the future the use of the apartment in house No 3 on Hradcany, mentioned in para IV. of this agreement is annulled for any reason Dr. Max Ervín Lobkowicz pledges for himself and his legal successors on ownership of the aforementioned house, that within 14 days of the removal of the registration of servitude of this apartment, he will pay once and for all a sum of CKR 500 000(five hundred thousand Czechoslovak crowns) in favour of the minor Zdenek Hyacint Lobkowicz and his descendants the interest on which belong to the parents of the minor till his coming of age.
The removal of this servitude of habitation shall be done at the expense of Dr. Max Ervín Lobkowicz.
In the case of sale of the Jezerí Castle and through this termination of the right to a summer apartment at the same place, stated in para. V of this agreement or, if the minor Zdenek Hyacint Lobkowicz shall in future give up this summer stay
Dr. Max Ervín Lobkowicz pledges for himself and his legal successors in the holding of the accomplished registered removal of this servitude of habitation, he wil pay once and for all a sum of CKR 250 000 (two hundred fifty thousand Czechoslovak crowns) in favor of the minor Zdenek Hyacint Lobkowicz and his descendants, moreover the interest on this sum will belong to the parents of this minor till his coming of age.
The removal of this servitude of habitation will be done at the expenses of Dr. Max Ervín Lobkowicz.
As for the so-called Roudnický collection and libraries Dr. Max Ervín Lobkowicz pledges, that he wil always protect them as a sacred and untouchable family legacy with his power and if need be, will make the necessary material or moral sacrifice according to his best forces and resources. Should there in occur future, despite this and without his influence, the evaluation and selling of this collection or their either voluntary forced alienation from the ownership of the Lobkowicz family, one third of the yield or the price belongs to the minor Zdenek Hyacint Lobkowicz or to his heirs, if he is dead at the time.
The contracting parties explicitly declare that this contract does not affect the inheritance rights of Dr. Ferdinand Josef Lobkowicz or in the case of the prior death of the latter during the life of the former prince Ferdinand Zdenek Lobkowicz, the inheritance rights of the minor Zdenek Hyacint Lobkowicz and the minor Ludmila Lobkowiczová in relation to the allodium property of the former prince Ferdinand Zdenek Lobkowicz. The annual appanage of CKR 120 000 hitherto paid to Dr. Ferdinand Lobkowicz shall also not be affected.
Both parties renounce thier fight to contradict thisagreement to reduce to or under the half of the common price and the....
All duties, charges and duty stamps, as well as the expenses on the drawing up and registration of this contract, plus the eventual charges at the S.P.U. Dr. Max Ervín Lobkowicz shall pay from his own means, the same also is valid for this debit note and registration of the sum of CKR 6 000 000 in accordance with para.II ad b) of this contract, as well as future expenses on receipt and removal.
Dr. Max Ervín Lobkowicz agrees as the registered successor and holder of the legacy of Václav Eusebij prince Lobkowicz that the servitude of the free life apartment for the minor Zdenek Hyacint Lobkowicz and his descendants in accordance with para. IV. of this contractis added to the file No 3 of the zemský register for house No 3 in Prague-Hradcany and that the servitude of free life summer apartment for the same minor Zdenek Lobkowicz and his descendants in accordance with para. V. of this contractis added to the supplement No 992 of the zemsky files on thetrustee estate Novosedly n/Bilou and Jezerí.
At the same time Dr. Max Ervín Lobkowicz agrees that in the case that some of the premises mentioned in para. II ad c) of this contract are not bought, in accordance with this contract as a debit note on the fideicommisum property, namely on the Bílina estate, in the supplement No 300 of the zemský files as the main pledge and the Novosedlynad Bilou and Jezerí in the supplement No 992 as well as the Libceves estate in supplement No 840 of the zemský files as an extra contribution, the mortgage right is introduced for the claims of the minor Zdenek Hyacinth Lobkowicz in the sum of CKR 6 000 000 with 6% interest on default and sureties and for the additional commitments up to CKR 120 000.
This contract comes into effect when approved by the ward court of the minor Zdeněk Hyacint Lobkowicz and by the zemský civil court in Pragueas a fideicommissum office.
The signed Mr. Ferdinand Zdenko Lobkowicz, a landlord in Bílina takes notice of commitments contained in this contract in para. II c) (concerning the selling of the Lobkowicz estate) and in para. VII and VIII.
Prague, 2.November 1927
Ferdinand Zdenek Lobkowicz JUDr. Bedrich Lorman
Dr. František Mendl
NO II.M.S. 241/25/114
This contract concerning the minor Zdenek Hyacint Lobkowicz is approved by the Supreme court of ward
District civil court for Prague-West,dept. I.
Prague III., 12 Karmelitská street /tram No 7 an 12)
10 November 1927
Approved by the court of the former real fideicommissum of the first born Lobkowicz.
Civil zemský court in Prague.
Dept X. 12. November 1927
ref. No 136158/2 - I/12
Consent is given according to § 7 of the Act No 215 on the confiscation of the major land estates dated 16 April 1919 that the state is entitled to take over the pledged property for a compensation fixed in accordance with the compensation act without taking into consideration the amount of charge and under the following conditions:
1) The approval of the compensation contract shall in no case affect the eventual compensation price of the pledged Bílina, Novosedly n/B.,Jezerí manors ane the Libceves estate.
2) In the case, one of the confiscated estates is purchased by the minor Zdenek Hyacinth Lobkowicz before its restitution , this new owner shall not assert his claims in accordance with § 11 of the confiscation act.
3) The approval of the compensation contract does not directly or in any other way affect the approval of the manors that are still confiscated and determinated for sale in the request for the minor Zdenek Hyacint Lobkowicz and the alienation of these premises before release from confiscation is subject approval by the State Land Office without exception.
4) This agreement shall not be to the detriment of the claims of the employees both active and retired and charitable gifts.
Prague, 7 May 1928
L.S.For the President
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