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I Thomas William
Lush of Harwood Cottages Gillingham in
the County of Dorset Gentleman hereby revoke all former Wills
Codicils and testamentary writings made by me and declare this
to be my last Will. I wish to be buried with my wife Martha Lush
in the Burial Ground attached to the Church at Stour Row in the
said County of Dorset (where other members of my Wife’s Family
lie) and that a Granite Cross with suitable inscriptions shall
be erected to our memory by my Executors in case or so far as my
Wife or I (whichever happens to be the survivor) shall not have
already done so and the keeping up and care of our graves I
confidently commend to my wife’s niece Martha Bastable. I direct
my Executors (in case or so far as I shall not already have done
so) as soon as may be after my decease in consultation with the
Rector for the time being of the Church of Horsington in the
County of Somerset and Mrs Bailward Wife of the present Squire
of Horsington Manor to erect in Horsington Church a Memorial to
my Father and Mother Thomas and Elizabeth Lush and the other
members of my Family buried in the Churchyard of Horsington to
take the form of a stained glass Window or of a Tablet in marble
or brass or otherwise as my Executors in consultation as
aforesaid may determine. I appoint William Richard Walbridge
Hussey Bank manager and Arthur Edward Light Accountant both of
Gillingham aforesaid to be the Executors and Trustees of my Will
and they and the survivor of them and the executors and
administrators of such survivor or other the Trustees or Trustee
for the time being hereof are hereinafter called “my Trustees”
And I bequeath to each of them who accepts the Office of Trustee
and Executor the sum of Ten pounds ten shillings I bequeath to
my said Wife Martha Lush the use and enjoyment of all my
furniture and other household effects during her life and after
her death I direct the same (except the articles hereinafter
specifically bequeathed) to fall into my Residuary Estate. I
bequeath to my niece Alice Maud Mary Lush my 18 carat chain and
appendages I devise and bequeath all the Real and Personal
Estate not hereby or by any Codicil otherwise specifically
disposed of and which I can dispose of by Will in any manner I
think proper either as beneficially entitled thereto or under
any general power unto my Trustees hereinbefore named Upon trust
that my Trustees shall sell the said Real Estate (including
Chattels real) if any and call in sell and convert into money
such part of the said Personal Estate as does not consist of
money with power to postpone such sale and conversion for such
period as my Trustees may think proper And I direct that the
income of my Personal Estate however invested shall from my
death be treated and applied as income and no part thereof is to
be added to capital And I direct that my Trustees shall out of
the money to arise from the sale and conversion of my said Real
and personal Estate and out of my ready money pay my funeral and
testamentary expenses and debts And shall invest the residue of
the said money And stand possessed of the investments hereby
directed to be made or authorized to be retained (hereinafter
called “my trust Estate”) and of the annual income thereof Upon
trust to pay the said income to my said wife Martha Lush during
her life And
after her death I bequeath the specific Legacies following
(namely) To my nephew Herbert Samuel Lush my Watch and Silver
Chain also my Wearing Apparel and Green Boy my Oak Bureau and
8-day Clock in Oak Case To my niece Alice Maud Mary Lush the
Portraits of my two Sons also my Clock in Mahogany Case and my
large China Bowl To my niece Gertrude Selina Lush my large Sofa
in the Dining Room and my 14 carat Chain and appendages I
bequeath the pecuniary Legacies following (namely) To my said
nephew Herbert Samuel Lush (who on my death as I believe - and
if and so far as I have any power so to do I so will and desire
- will and shall be entitled in possession to certain Land at
Stoke Trister in the County of Somerset which came under the
Will of my Great Aunt Susannah Parsons and the present pecuniary
bequest is made in that belief) the sum of Two hundred pounds To
my said nieces Alice Maud Mary Lush and Gertrude Selina Lush the
sum of Five hundred pounds a piece To my sister Sabina
Benjafield and her sons Frederick Benjafield and John Benjafield
or such of them as shall be living when the Legacy shall become
distributable (which period I hereinafter designate as 'the
period of distribution') in equal shares and if there shall be
only one such object then to that one absolutely the sum of six
hundred pounds To my niece Fanny Hull (late Fanny Benjafield)
the sum of five hundred pounds To my wife's nieces Emma Hopkins
and Anna Ridout the sum of four hundred pounds a piece To my
wife's niece Martha Bastable the sum of seven hundred pounds To
my wife's nephews and niece
(Children of her
deceased sister Sarah Hunt) Walter Hunt Robert Hunt William Hunt
and Lucy Andrews wife of Emanuel Andrews (late Lucy Hunt) or
such of them as shall be living at the period of distribution in
equal shares and if there shall be only one such object then to
that one absolutely the sum of eight hundred pounds I declare
that in case any of the aforesaid pecuniary legatees shall die
before the period of distribution leaving issue surviving that
period the pecuniary legacy hereinbefore bequeathed to him or
her shall not lapse but shall be held in trust for his or her
children living at that period in equal shares and if there
shall be only one such child the whole to be for that one child
I bequeath to the five children of my wife's great niece Mary
Ann Painter Maloney deceased (formerly Mary Ann painter Hopkins)
or such of them as shall attain the age of twenty one years in
equal shares and if there shall be only one such child then to
such one child absolutely the sum of five hundred pounds And I
declare that in the meantime and until the said last mentioned
legacy or any share or shares thereof shall have vested in
possession the same legacy or share or shares shall be invested
by my Trustees and the income accumulate by the investment
thereof and of the resulting income thereof as an addition to
the Capital of such legacy or share or shares I direct my
Trustees to invest any monies forming part of my Trust Estate
which may at any time be in their hands and requiring investment
in their names and at their discretion in or upon any stocks
funds or securities in or upon which Trust Funds may for the
time being be authorized by Law to be invested (other than real
securities in Ireland) but not in any stocks funds bonds shares
or securities to bearer or transferable by mere delivery or
delivery and endorsement though coming within the general
description of investments hereby authorized Provided always and
I hereby declare that my Trustees may retain any securities or
investments whatsoever of which respectively I may be possessed
at my death and that the property so retained and the income
thereof shall be held upon and for the trusts and purposes which
would have been applicable to the money produced thereby
respectively if the same had been sold and converted under the
trust in that behalf hereinbefore contained And subject as
aforesaid I devise and bequeath all the residue of the Real and
Personal Estate of which I can dispose by Will in any manner I
think proper either as beneficially entitled thereto or under
any general power unto my said nephew and nieces Herbert Samuel
Lush Alice Maud Mary Lush and Gertrude Selina Lush or such of
them as shall be living at the period of distribution in equal
shares or if there shall be only one such object the whole unto
him or her absolutely And Lastly In case I shall not in my
lifetime have been discharged from the Trusts of the Will of
Meshach Parsons deceased I direct my Trustees as soon as
conveniently may be and by such apt and proper means as they may
be advised to procure the discharge of my Estate from all
further responsibility for the execution of the said Trusts In
witness whereof I have hereunder set my hand this twenty sixth
day of June One thousand nine hundred and two
Thomas W Lush
Signed by the said
Thomas William Lush the Testator as his last Will in the
presence of us present at the same time who at his request in
his presence and in the presence of each other have subscribed
our names as witnesses
Edward Light
Solicitor Gillingham Dorset
Fred Lydford Clerk to
Messrs Freame and Light Solicitors Gillingham Dorset
I Thomas William
Lush of Harwood Cottages Gillingham in
the County of Dorset Gentleman hereby declare this to be a
Codicil to my Will which bears date the Twenty sixth day of June
One thousand nine hundred and two I bequeath the specific and
pecuniary legacies following (namely) To my sister in Law Jane
Lush my arm chair covered in red also the sum of ten pounds To
my housekeeper Ellen Foote if in my service at my decease or if
she shall have previously left my service on account of ill
health the contents of her bedroom a suit of mourning and the
sum of fifty pounds all free of Legacy Duty To my niece Martha
Bastable the contents of bedroom number 1 except the glass on
drawers To my nephew Herbert Samuel Lush the contents of bedroom
number 3 To Annie Hannam Wife of Charles Hannam the sum of one
hundred pounds To the said Charles Hannam the sum of ten pounds
ten shillings To their Children Tom and Stanley Hannam the sum
of ten pounds apiece To my old tenant Herbert Barker the sum of
ten pounds To my gardener James Appleby the sum of five pounds
and to my neighbour Joseph J Nicholson the sum of five pounds
And in all other respects I confirm my said Will In witness
whereof I have hereunder set my hand this twenty seventh day of
June One thousand nine hundred and eight
Thomas W Lush
Signed by the said
Thomas William Lush the Testator as a Codicil to his last Will
in the presence of us present at the same time who at his
request in his presence and in the presence of each other have
subscribed our names as Witnesses the addition between lines 7
and 8 having been previously made
Albert Cox
Fred Lydford Clerks to
Messrs Frame Light & Wyld Solicitors Gillingham Dorset
On the 21st day of July
1908 Probate of this Will with one Codicil was granted at
Blandford to William Richard Walbridge Hussey and Arthur Edward
Light, the Executors.
Gross value of Estate
£6590 - 15 - 0
Net value of Personal
Estate £6550 - 11 - 3
Note Thomas William
Lush died on 1st July 1908 at Gillingham, Dorset
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