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Bruce
Blanchard's |
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Will
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I
direct my trustees to pay and discharge all my just debts funeral and
testamentary expenses and the expenses of proving this my will as soon as
conveniently may be after my decease. I bequeath unto my dear wife the
wife of I
bequeath to my said wife the use and enjoyment of all household goods
plate linen china glass furniture utensils books pictures prints and all
other effects of a like nature of which I shall die possessed during her
life and after her decease I bequeath the same household goods plate linen
china glass furniture utensils books pictures prints and other effects of
a like nature unto my said daughter Sarah Humphrey for her own absolute
use and benefit but in case my said daughter Sarah Humphrey shall die in
my lifetime or in the lifetime of my said wife then I direct the same
articles to be disposed of as part of the residue of my personal estate.
And I direct my executors to raise an inventory to be taken of the same
articles before the delivery thereof, to my said wife and two copies of
such inventory to be signed by my said wife of which copies so signed one
shall be delivered to her and the others to be kept by my executors. I
devise unto and to the use of my said Trustees all the real estate and
bequeath to them the residue of the personal estate to which I shall be
entitled at my decease upon the trusts and subject to the declarations
following upon trust to sell and convert into money my said trust estates
or such parts thereof as shall be of a saleable or convertible
nature and to get the other parts thereof with full discretionary power to
sell by public auction or private contract together or in parcels subject
to such terms and conditions as to the title or evidence of title or the
time or mode of payment of the purchase
money or indemnity against or apportionment of incumbrances or as to any
other matters relating to the same as my said Trustees shall judge
expedient also to fix reserved biddings and buy in property offered for
sale and vacate and vary contracts for sale and to resell without
liability to answer for any consequential loss and
generally to effect the sale and conversion of my said trust estates on
such terms and in such manner as they shall deem most advantageous and as
to the monies to arise from the sale conversion and getting in of my said
trust estates upon trust thereout in the first place to pay or retain all
the expenses incident to the execution
of the trusts of this my will. Also
my debts and my funeral and testamentary expenses and in the next place to
pay the pecuniary legacy hereinbefore bequeathed and upon further trust to
invest the ultimate surplus of my said trust monies in the names of my
said trustees in or upon any of the public stocks funds or securities of
the United Kingdom or on any real securities in England but not elsewhere
with liberty for my said trustees (with the consent in writing of my said
daughter Sarah Humphrey during her life and notwithstanding her coverture
and after her decease with the like consent in writing of my said Son in
law John Humphrey during his life and afterwards in their own discretion)
to vary and transpose the investment or investments from time to time for
any other investment or investments of the description aforesaid And upon
further trust to permit and empower my said daughter Sarah Humphrey to
receive the annual income of the said monies or the stocks funds and
securities whereon the same shall be invested during her life (which
monies stocks funds and securities are hereinafter referred to under the
denomination of the said trust fund) for her own sole and separate use and
benefit and I declare that the receipts of my said daughter only shall be
sufficient discharges for the same. And
after the death of my said daughter upon further trust to permit and
empower my said son in law John Humphrey (in case he shall survive my said
daughter) to receive the annual income of the said trust and during his
life and after the death of the survivor of them the said John Humphrey
and Sarah Humphrey his wife as to as well the
capital as the annual income of the said trust funds in trust for such
child or children of my said daughter Sarah Humphrey then living and such
issue then living or any child or children of my said daughter Sarah
Humphrey then deceased as being a male or males shall either before or
after the death of the survivor of them my said
son in law John Humphrey and Sarah Humphrey his wife attain the age of
twenty one years or being a female or females shall either before or after
the same period attain that age or marry as tenants in common in a course
of distribution according to the stocks and not to the number of
individual objects and so that the issue of deceased children of my said
daughter Sarah Humphrey may take by way of substitution
the share or respective shares only which the parent or parents would if
still living have taken. Nevertheless
I declare that no sale of my real estate or any part thereof shall be made
in the lifetime of my said daughter Sarah Humphrey or in case of her
decease in the lifetime of my said son in law John Humphrey without the
previous consent in writing of my said daughter Sarah Humphrey and my said
son in law John Humphrey or
the survivor of them for every such purpose first has and obtained but no
purchaser shall be bound to enquire whether any such consent in writing
has been given as aforesaid or be affected by the absence or want of any
such consent. And
that my said trustees shall have a discretionary power to postpone for
such period as to them shall seem expedient the conversion or getting in
of any part of my residuary personal estate which shall at my decease
consist of stocks funds or securities of any description whatever but the
unsold real estate and outstanding personal
estate shall be subject to the trusts thereinbefore contained concerning
the said trust and the rents and yearly produce thereof shall be deemed
annual income for the purposes of such trusts and such real estate shall
be transmissible as personal estate under the ultimate trust hereinbefore
contained. And
I expressly give unto my Trustees full discretionary power during the
suspense of the sale conversion or getting in of my said trust estates
respectively to manage and order all the affairs thereof as regards
letting occupation cultivation repairs Insurance against fire receipts of
rents indulgences and allowances to tenants and all other
matters and in the execution of this power of letting with the consent in
writing of my said son in law John Humphrey and Sarah Humphrey his wife or
the survivor of them during their his or her lives or life but not
afterwards or otherwise to grant building repairing improving or other
leases for such term or terms at such rent or rents and generally on such
conditions as my trustees shall deem advantageous either taking or not
taking fines or premiums which if taken shall be considered as sale monies
under the trusts hereinbefore contained And
I empower my trustees after the death of the survivor of them my said son
in law John Humphrey and Sarah Humphrey his wife to apply the whole or any
part of the income of the contingent shares of the respective children and
issue aforesaid in or towards their respective maintenance or otherwise
for their respective benefits. And I direct my Trustees to accumulate the
unapplied income and add the accumulations to the capital of the
respective shares whence the income shall have arisen. And I also empower
my trustees to apply after the death of the survivor of them the said John
Humphrey and Sarah his wife in their lifetime or in the lifetime of the
survivor of them with consent in writing of them or the survivor of them
any part not exceeding a moiety of the capital of the contingent shares of
the respective children and issue aforesaid in or towards their respective
advancement in life I devise all the real estates which shall at my
decease be vested in me as mortgagee or trustee to my said trustees
subject to the equities affecting the same respectively. I
empower my said trustees to give receipts for all monies and effects to be
paid or delivered to them by virtue of my will and declare that such
receipts shall exonerate the persons taking the same from all liability to
see to the application or disposition of the
monies or effects therein mentioned. I empower my said trustees to
compound and to allow time for the payment of any debt or debts due to my
estate and to satisfy all demands against my estate whether supported by
strictly legal evidence or not and to settle all amounts between it and
any other person or persons on such terms as my said trustees or trustee
shall in their or his discretion think expedient and to refer any matters
in difference relating to my affairs to arbitration. I
declare that if my said trustees or either of them or any trustees or
trustee be appointed under this clause shall die or be unwilling or
incompetent to adopt or execute the trusts of my will it shall be lawful
for my said son in law John Humphrey and Sarah his wife or the survivor of
them or after the decease of such survivor for the
competent accepting trustees or trustee for the time being (if any)
whether retiring from the office of trustee or not or if none for the
executors or administrators of the last deceased trustee to substitute by
any writing under their his or her hands or hand any
person or persons in whom alone or (as the case may be) jointly with any
surviving or continuing trustees or trustee my trust estate shall be
vested. And I exempt every trustee of my will from liability for losses
occurring without his own wilful default and authorise him to retain and
allow to his retrustee or retrustees any expenditure incidental to the
trusteeship. And I declare that the powers and directions hereinbefore
vested in the trustees hereinbefore named shall be exerciseable by the
trustee or trustees for the time being of my will. Lastly
I revoke all other wills In witness whereof I have hereunder set my hand
and I have also set my hand to each of the four preceding sheets of this
my Will this twenty fourth day of November in the year of our Lord one
thousand eight hundred and fifty three -------
S. Burberry-------signed by the said testator as and for his last PROVED
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