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Report of William Blanchard's Will in The Times

I William Blanchard of Grove Hill Cottage New Hampton in the county of Middlesex hereby revoke all former Wills and Codicils made by me and declare this to be my last will.  I direct my executors hereinafter named to deal with and dispose of my pictures and jewellery in such manner as I shall mention and direct in any codicils to this my will or by directions in writing to be left by me for their guidance.  I give and bequeath to my dear wife Ellen Blanchard the sum of ten thousand pounds for her sole and absolute use and benefit.  I bequeath the following legacies:  To my sister Caroline Carr wife of William Carr of New York the sum of three thousand pounds to be paid to her as soon as possible after my decease.  To the said William Carr one hundred pounds.  To Eliza Carr daughter of my brother in law William Carr two hundred pounds.  To my sister Emma Blanchard the sum of one hundred pounds.  To my sister Ellenor the sum of one hundred pounds.  To my sister Adelaide the sum of twenty pounds.  To my niece Ellenor Jane Barrenger the wife of James Barrenger the sum of fifty pounds.  To the said James Barrenger the sum of fifty pounds.  To Mrs Elizabeth Blanchard ten pounds.  To Mrs Pierce her daughter ten pounds.  To John Chatting ten pounds.  To William Leppard of Addiscombe in the county of Surrey five hundred pounds.  To Ada Fisk the wife of Ernest Fisk and daughter of the said William Leppard three hundred pounds.  To the said Ernest Fisk fifty pounds.  To my late wife’s half brother Robert Wallace Postmaster at Dudley Worcestershire the sum of one hundred pounds.  To his wife Sarah Wallace, the sum of fifty pounds and to his three daughters or such of them as may be living at the time of my decease the sum of fifty pounds each.  To George Wallace of Queensland Australia brother of the said Robert Wallace the sum of twenty pounds.  To Camila Soppett the wife of Thomas Soppett and sister of Robert Wallace twenty pounds.  To the said Thomas Soppett fifty pounds.  To Ernest Soppett the son of the said Thomas Soppett the sum of fifty pounds.  To my godson Percy Warick the sum of one hundred pounds.  To my goddaughter Annie Ross Fortune the sum of one hundred pounds.  To Isaac Godwin the sum of five hundred pounds.  To William Brighton the sum of three hundred pounds.  To the Licenced Victuallers’ Asylum  the sum of five hundred pounds.  To the Licenced Victuallers’ School the sum of five hundred pounds.  To the Richmond Hospital at Richmond in Surrey the sum of five hundred pounds.  To the Teddington Hospital Middlesex the sum of five hundred pounds.  To the Girls’ Orphanage Hampton Hill Middlesex two hundred pounds.  To the Dispensary Kings Street Saint Georges two hundred pounds.  To the French Hospital Leicester Place Leicester Square Middlesex two hundred pounds.  To the Hospital for Diseases of the Throat Golden Square one hundred pounds.  To the Hospital for Diseases of the Skin Leicester Square one hundred pounds.  To the Hospital for consumption Brompton one hundred pounds.  To the Nazareth House Hammersmith one hundred pounds.  To the convalescence Home Weybridge one hundred pounds.  And I declare that the receipts of the respective Treasurers or Secretaries of the said Institutions shall be of sufficient discharge for the said legacies respectively.  I also give to the Vicar and Churchwardens of the Parish Church of Hampton in the County of Middlesex the sum of five hundred pounds upon trust to invest the same in their joint names in any of the securities sanctioned and authorised by this Will and to pay and distribute all the income interest or dividends to be received therefrom annually to and amongst the poor of the said Parish in such way as in their discretion they shall think fit.  I give to the Vicar and Church-wardens of the Church of Saint James Hampton Hill in the County of Middlesex the sum of five hundred pounds upon trust to invest the same in their joint names in any of the securities sanctioned and authorised by this Will and to pay and distribute all the income interest or dividends to be received therefrom annually to and amongst the poor of the said Parish in such way as in their discretion they shall think fit.   .  I give to the Vicar and Churchwardens of the Church of Saint James Piccadilly in the County of Middlesex the sum of five hundred pounds upon trust to invest the same in their joint names in manner aforesaid and to pay and distribute all the income interest or dividends to be received therefrom annually to and amongst the poor of the said Parish in such way as in their discretion they shall think fit.  I direct my executers to invest the sum of five hundred pounds free from legacy duty and I direct that the annual income thereof shall be paid or applied for the maintenance education or advancement of my godson Henry Silverthorne Fisk the son of the said Ada Fisk until he shall be of the age of twenty one years and if and when he shall attain such age then I direct the said sum of five hundred pounds and the investments for the time being representing the same and any accumulation of income thereof to be paid to him for his absolute use and benefit but if he should not live to attain the age of twenty one years then I direct that the said sum of five hundred pounds and the investments thereof and any accumulation of income thereof shall fall into and form part of my residuary estate.  I direct that each of the said legacies and sums hereinbefore given shall be paid free of legacy duty.  I bequeath to each one of my Executors who shall act in the trusts of this my Will the sum of one hundred pounds in recognition of his services.  I direct that all my charitable bequests and the duty thereon shall be paid out of my purse personally.  I devise and bequeath all my real and personal estate not otherwise disposed of by this said Will or by any Codicil hereto unto my trustees hereinafter named upon trust that they shall as soon as conveniently may be call in and convert into money my said real and personal estate or that part thereof that shall not consist of money and shall with and out of the proceeds of such sale calling in and conversion of my said real estate provide for in manner hereinafter as directed the annuities hereinafter mentioned  and after making such provision shall pay the several legacies bequeathed by this my Will or any Codicil hereto.  I direct that my trustees shall pay the following annuities during the respective lives of the annuitants namely:  An annuity of sixty pounds to my sister Adelaide .  An annuity of one hundred and fifty pounds to my sister Emma .  An annuity of one hundred and fifty pounds to my sister Ellenor.  An annuity of fifty pounds to my niece Ellenor Jane Barringer .  An annuity of thirty pounds to Mary Scrutton Widow .  An annuity of thirty pounds to my cousin John Chatting and if he should die during the lifetime of his present wife I direct the trustees to pay the last mentioned annuity of thirty pounds to his present wife during her life the said several annuities to be paid free of income tax in equal quarterly payments commencing from my decease; the first quarterly payment to be made at end of three calendar months after my death.  And for the purpose of providing such annuities I direct my trustees to appropriate sufficient parts of my residuary estate for answering by the annual income thereof the said several annuities or such of them as shall for the time being be payable.  And I declare that in case the annual income of the sums so appropriated respectively shall at the time of appropriation be sufficient to satisfy the same respectively together with income tax at the rate at which at the time of any such appropriation the same shall be actually payable such appropriation shall be a complete satisfaction of the direction to provide for such annuities respectively and the income tax thereon and that in case the income of the said appropriated sums respectively shall at any time prove insufficient for payment of the said annuities and income tax in full respectively they shall respectively abate accordingly.  And I direct that in case any person to whom I have given any annuity shall survive me but shall die before any appropriation shall be made a sum sufficient to satisfy his or her annuity as aforesaid my Executors shall nevertheless for the purpose of the direction next hereinafter contained make a due appropriation of a sum sufficient as aforesaid as though such annuitant were still actually alive and such sum shall be distributed under the provisions of the clause next hereinafter ensuing I direct my trustees upon the death of each of the said annuitants but as to the said annuity given for to the said John Chatting subject as aforesaid to pay and divide the principal sum apportioned or set apart to provide for the payment of the said annuity to the said annuitant so dying to and equally between the survivors of the said several annuitants (but so that the  said John Chatting and his said wife shall not take a double share but that if the said John Chatting shall be alive at the death of any such annuitant the whole distributive share of the fund so appropriated to such annuity as aforesaid shall be paid to the said John Chatting alone and to the exclusion of his said wife) and for that purpose to realise the amount so to be paid or divided out of the moneys hereinbefore directed to be set apart and invested for payment of the said annuities and if and when there shall be only one survivor to pay the whole to such survivor.  I give devise and bequeath all my copyhold property at Hurworth on Tees in the county of Durham to the three daughters of Robert Wallace of Dudley in the county of Worcester Postmaster or to such  of them as shall be living at the time of my decease as tenants in common and if only one shall be then living I devise and bequeath the same to such one absolutely I direct that if the ultimate  residue of my said real and personal estate after payment of all expenses and my debts and legacies and providing for all the annuities given by this my Will and any Codicil hereto shall not exceed the sum of twenty three thousand pounds my executors shall pay and divide the same equally amongst such of the children of my sister Caroline Carr the children of my brother Frederick and my niece Ellenor Barringer as shall survive me and shall be living at the time when by realisation of my said real and personal estate or otherwise my Executors are enabled to distribute my said ultimate residue or so much thereof as may not be needed as a reserve fund to meet expenses.  And if the said ultimate residue shall exceed the said sum of twenty three thousand pounds then I direct my Executors to pay thereout an additional legacy of two hundred pounds free of duty to my sister Adelaide if she should  be living at the time of such distribution as aforesaid and to include my sisters Emma and Ellenor in the class of persons to and among whom my said ultimate residue is to be paid and divided as aforesaid.  And I direct that if the getting in and realisation of my residuary estate shall be delayed beyond a period of one year after my death so that the said distribution of the said ultimate residue is thereby postponed then my Executors shall after making due provision for the said annuities either by making such appropriation as aforesaid or pending such appropriation by making payment of the sums from time to time falling due on account thereof respectively out of the income of my general estate and after providing for any interest which may be accruing due on unpaid legacies and making such provision for expenses as they may think fit from time to time distribute the surplus income of my said residuary estate among the persons and in the proportions to whom and in which under the provisions of this my Will the said ultimate residue would for the time being be divisible in case my Executors had got in and realised my residuary estate and ascertained the said ultimate residue in manner aforesaid or such of the said persons as shall from time to time be alive at the respective dates at which my executors shall distribute such surplus income as aforesaid provided that my said sisters Emma and Ellenor if they shall be living at the respective dates of any such distributions of surplus income shall be respectively entitled to share therein if my Executors shall be of opinion that the value of the said ultimate residue may for the time being be estimated to exceed the said sum of twenty three thousand pounds and their opinion and decision thereon shall be binding on all parties not withstanding that it may eventually be found that the said ultimate residue does not exceed the said sum I declare  during the minority of any beneficiary under this my Will or any Codicil hereto my trustees may from time to time apply the whole or any part of any capital or income to which the said minor shall be entitled for or towards his or her advancement maintenance education or otherwise for or towards his or her benefit as my trustees may be in their absolute discretion think proper and subject thereto may invest any such capital or income as aforesaid in any way hereinafter authorised I declare and direct that all investments of my trust estate shall be made in the names of the trustees or trustee for the time being of this my Will herein called my trustees in the government stocks of public funds of Great Britain or upon securities of the Home or Indian or any British Colonial Government or on mortgage or freeholds copyholds or leaseholds in England or Wales or in the purchase of  stock in the East India Company or the Bank of England or on guaranteed or preference stock or shares of any railway in the United Kingdom or in India or in the Colonies (if either the capital or the interest thereof is guaranteed by the Indian or Colonial Government) and that my trustees shall have power from time to time to vary any investment at their discretion.  And I declare that the provisions of Section thirty one of the Conveyancing Act 1881 relating to the appointment of new trustees shall apply to this my Will with the addition that the same shall be immediately applicable to the case of any trustee going to reside abroad.  And I appoint my friends James Elliot Cunningham , William Leppard and Robert Turner Executors and Trustees of this my Will .  In witness whereof I the said William Blanchard have hereunto set my hand this eighth day of October one thousand eight hundred and ninety…… William Blanchard ….Signed by the aforesaid William Blanchard as for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses

H J Reeves Solicitor 17 Warwick St

William Ruby his clerk 17 Warwick Street Regents Street

On the 22^nd day of March 1892 Probate of this Will was granted to William Leppard and Robert Henry (in the Will written Robert ) Turner the surviving Executors.   
 
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Transcript of William Blanchard's Will

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Figures extracted from William Blanchard's Will

The challenge brought by the plaintiffs comprised four parts:
1.  The adequacy of  the proposed investments to pay the annuities; (to be settled by the Judge)
2.   The division of the residue on deaths of beneficiaries; (stood over )
3.  Whether the children of Frederick Blanchard and the children of Caroline Carr were entitled to share in the residue per capita or per stirpes*. ( ruled per capita)
4.  Ellenor Jane Barringer had claimed that the will could have been interpreted such that her children could have been included with Caroline Carr's as beneficiaries 
(see highlighted text in Will).  ..... nice try but not allowed by the Judge!   

* When several lineal descendants, all of equal degree of consanguinity to the intestate, or his father, mother, brothers and sisters, or his grandfathers, grandmothers, uncles and aunts, or any ancestor living and their children, come into partition, they shall take per capita, that is, by persons; where a part of them are dead, and part living, and the issue of those dead have a right to partition, such issue shall take per stirpes; that is, the share of the deceased parent. TOP

Challenge to Will in Court of Chancery 

Vestry discussion on the application of  William's Will