ON the 27^th day of March 1878

the Will of

James Newton

formerly of Trinity Square Southwark

in the County of Surrey

but late of High Clere Sydenham in the County of Kent

and of Bankside Southwark aforesaid Fire Brick Merchant deceased, who died on the 17^th day of February 1878

at High Clere aforesaid

was proved in the Principal Registry of the Probate Division of the High Court of Justice, by the Oaths of Joseph Newton of Bankside aforesaid Fire Brick Merchant and William Henry Newton of Gloucester Road Kew in the said County of Surrey Gentleman the sons and Joseph Cooper of No 25 Canonbury Square in the County of Middlesex Pianoforte Manufacturer the Executors named in the said will they having been first sworn duly to administer

Effects under £25,000 Leasehold

This is the last Will and Testament of me James Newton of Trinity Square and of Bankside Southwark Fire Brick Merchant I give to my son Joseph my family portraits my silver plate and my plain diamond ring I give to my son James William my best dinner knives and plated forks and my dessert knives and forks in their several cases complete I give to my son William Henry my book case and printed books and my diamond mourning ring I give to my son Edward Buckley my shirt studs and thirty pounds to purchase a gold watch and chain (unless I shall have previously purchased them for him) if and when he attains the age of twenty five years I give to my son George Herbert my gold watch and appendages And I give to my daughter Mary Jane my late wife’s gold watch and appendages But I direct that the said several articles so given to my said children are only given to them respectively if and when they respectively attain the age of twenty five years and that all these articles shall be kept in some place of security in the meantime  I give all the rest of the jewellery trinkets and wardrobe belonging to my late wife  to be divided by my Executors between my daughters Harriet Anne and Fanny Augusta as and when my Executors shall think fit I give to my sister in law Harriet Shelmerdine the legacy or sum of fifty pounds to and for her own sole use and benefit I give to my sister Hannah Holditch wife of John Flinn Holditch the sum of one hundred pounds to and for her own sole use and benefit absolutely I give and bequeath to my two sons Joseph and James William the lease of my Wharf House and premises Nos. 78 and 79 in Bankside where the business of myself and my said two sons is carried on and also my share and interest of and in the goodwill of the business the stock and utensils therein and of and in all money whether on the said business premises or at the Trade Banker’s at the time of my decease (but not the money at my private Banker’s)

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and Bills of Exchange Promissory Notes and other securities relating to the said business and all book and other debts and effects of and relating to the same and all my interest therein to my said two sons in equal proportions as tenants in common they taking upon themselves equally the burthen of the rent and covenants reserved by and contained in the said Lease and of the Debts and liabilities due from the said business and to which the same is subject and indemnifying my general estate and effects therefrom respectively I appoint my said Son Joseph Newton my said son William Henry Newton and Joseph Cooper of No. 21 River Street Myddleton Square in the County of Middlesex Pianoforte Manufacturer Executors of this my Will and Trustees thereof and Guardians of such of my children as shall be under twenty one during their minority I give and bequeath to each of my Executors the legacy of fifty pounds on proving this my Will and I do herby declare that wherever throughout this my Will the word “trustees” is used I mean and intend the said Joseph Newton William Henry Newton and Joseph Cooper or the new trustees or trustee to be hereafter appointed in pursuance of the provisions of this my Will and the survivors and survivor of them and the heirs executors and administrators of such survivor And as to all  the rest and Residue of my moneys securities for money and other my estate and effects of what nature or kind soever of which I shall die seised or possessed or be in any manner beneficially entitled unto or interested in either in possession reversion or expectancy or over which I shall have any power of appointment at the time of my decease (except any estate vested in me either as trustee or mortgagee) I give devise and bequeath the same and every part thereof unto the said trustees according to the nature and quality of my said estate and effects respectively upon the trusts and to and for the ends intents and purposes hereinafter mentioned and declared of and concerning the same that is to say upon trust in the discretion and by the absolute authority of the said trustees and at such times and in such manner as they or he shall think fit to sell dispose of collect get in and convert into money so much and such part of my said estate and effects as shall not consist of money or money in the funds either together or in parcels by public auction or private contract at such places and times and subject to such stipulations relative to the title or evidence of title or to the payment of the purchase money or to any other matters connected with the sale as the said trustees shall deem expedient and also to fix reserved biddings and to buy in any lot or lots at any auction and to put them up again and to rescind or vary any Contract for sale without being liable for consequent loss and to make and execute all needful and necessary conveyances surrenders and assignments and to sign receipts to the purchaser or respectively purchasers thereof who shall not be bound to see the application of the purchase money or be liable for the misapplication or nonapplication thereof And it is my will and I declare that the said trustees shall stand possessed of such part of my residuary estate and effects as shall consist of money and money in the funds and of the moneys to arise from the sale conversion and calling in of the other part of my residuary estate and effects subject to the payment of my just debts and funeral and testamentary expenses upon the trusts hereinafter mentioned that is to say upon trust thereout to pay and provide for the following bequests videlicit upon trust to lay out and invest the sum of seven thousand pounds sterling in the names of them the said trustees in or upon any of the Parliamentary stocks or funds with liberty for the said trustees to vary and transfer the investments from time to time for any other investment of the like description as they or he shall think fit

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and to stand possessed of the said stocks funds and securities upon trust from time to time to pay and apply so much of the annual income arising therefrom but not exceeding one hundred pounds per annum as the said trustees shall think fit towards the maintenance and education of my son William Henry until he shall attain the age of twenty five years and if and when he shall attain that age upon trust to pay and transfer the said sum of seven thousand pounds and the stocks funds and securities wherein the same shall be invested and the accumulations thereof as hereinafter mentioned unto my said son William Henry his executors administrators and assigns for this own absolute use and benefit and I direct that the said trustees do and shall in the meantime accumulate all the rest of the annual produce and income in the way of compound interest by investing the same and all the resulting produce and income thereof from time to time in or upon any of the stocks funds securities or investments hereinbefore authorised and add such accumulations to the principal or capital of the funds from which the same shall have arisen And I give and bequeath the said seven thousand pounds accordingly Provided that if my said son shall depart this life under the age of twenty five leaving any lawful children or child him surviving who shall if sons live to attain the age of twenty one years or if daughters live to attain that age or be married then and in such case the said seven thousand pounds and all accumulations thereof and the stocks funds and securities wherein the same shall be invested shall be held in trust for such children if more than one as and when they if sons shall respectively attain the age of twenty one years or if daughters shall attain that age or be married share and share alike as tenants in common and not as joint tenant and if there shall be only one such child who if a son shall attain such age of twenty one years or if a daughter shall attain that age or be married then In trust for such only child his or her executors and administrators absolutely And I give and bequeath such seven thousand pounds accordingly and upon further trust to lay out and invest the like sum of seven thousand pounds sterling with power to vary the investment in like manner as the last above bequeathed sum of seven thousand pounds is hereby directed to be invested and to stand possessed thereof and of the stocks funds and securities in which the same shall be invested upon such and the like trusts and to and for such and the like intents and purposes with under and subject to such and the like powers provisoes and declarations for the benefit of my son Edward Buckley and his children or child as are hereinbefore expressed and declared concerning the said bequest of seven thousand pounds in favour of my said son William Henry as full and effectually in all respects as if the same were here repeated And I give and bequeath such last mentioned sum of seven thousand pounds to and for my said son Edward Buckley Newton and his children or child accordingly And upon further trust to lay out and invest the like sum of seven thousand pounds sterling and with power to vary the investment in like manner as the first above bequeathed sum of seven thousand pounds is hereby directed to be invested and to stand possessed thereof and of the stocks funds and securities upon which the same shall be invested upon such and the like trusts and to and for such and the like intents and purposes and with under and subject to the like powers provisoes and declarations for the benefit of my son George Herbert and his children or child as are hereinbefore expressed and declared concerning the said bequest of seven thousand pounds in favour of my said son William Henry and his children or child as fully and effectually in all respects as if the same were here repeated and I give and bequeath the said last mentioned sum of seven thousand pounds to and for my said son George Herbert Newton and his

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children or child accordingly And upon further trust to lay out and invest the like sum of seven thousand pounds sterling and with power to vary the investment in like manner as the first above bequeathed sum of seven thousand pounds is hereby directed to be invested and to stand possessed thereof and of the stocks funds and securities upon which the same shall be invested upon the trusts and to and for the intents and purposes and with under and subject to the powers provisoes and declarations hereinafter contained that is to say upon trust from time to time to  pay and apply so much of the annual income arising therefrom but not exceeding one hundred pounds per annum as the said trustees shall think fit towards the maintenance and education of my daughter Mary Jane until she shall attain the age of twenty five years And if and when she shall attain that age then upon trust from time to time to pay the annual income arising therefrom and from the accumulations thereof into the hands of my said daughter Mary Jane or permit or empower her to receive the same during her natural life for her sole and separate use exclusive of any husband with whom she may intermarry and so that the same shall not be liable to his debts control or engagements and so that my said daughter shall not deprive herself of the benefit thereof by any sale mortgage forecharge or other disposition And I direct that the receipts of my said daughter notwithstanding such coverture shall be from time to time effectual discharges to the persons paying the same for the money acknowledged to have been thereby received And from and immediately after her decease I direct the said trustees to stand possessed of the said sum of seven thousand pounds or the stocks funds and securities in which the same shall have been invested and the accumulations thereof and the annual produce and income thenceforth to arise therefrom upon trust to pay and transfer the said money and securities unto and among such one or more of the children or more remote issue of my said daughter (whether the parent or ancestor of such issue shall be living or dead but such issue being born in the life time of my said daughter) and at such time or times and if more than one in such shares and proportions and subject to such conditions restrictions and limitations for the benefit of some or one of the said children or issue of my said daughter as my said daughter shall (whether cover or sole) by any deed or deeds with or without power of revocation or new appointment or by her last Will and Testament or any testamentary writing direct appoint Provided nevertheless that no child or other issue of my said daughter shall take a vested or absolute interest under any such direction or appointment as aforesaid until such child or issue shall attain the age of twenty one years or (being a girl) shall attain that age or be married And in default of any such direction or appointment as to so much of the said trust moneys stocks funds and securities or such interest therein as shall not be effectually disposed of by any such direction or appointment Upon trust for such child or children of my said daughter as shall live to attain the age of twenty one years or being a daughter or daughters shall live to attain that age or be married and also such child or children of any child or children of my said daughter who shall die under the age of twenty one years as shall live to attain the age of twenty one years or being a daughter or daughters shall live to attain that age or be married and having been born in the life time of my said daughter and if more than one to be divided between or among them in equal shares and proportions as between brothers and sisters but so that the child or children collectively of any deceased child of my said daughter shall take only the share which such deceased child would have taken if living and if more than one in equal shares and proportions Provided always and I hereby direct that no child or grandchild of

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my said daughter who shall take any share or shares of the said trust moneys stocks funds or securities by virtue of any appointment to be made by my said daughter under the power hereinbefore contained shall without an express direction to that effect in such appointment to be contained be entitled to any share of the unappointed part of the said trust monies stocks funds and securities under the limitations or trusts in default of appointment hereinbefore contained unless such child or grandchild shall bring the share or shares appointed to him or her into equal distribution with the unappointed part or share of the said trust monies stocks funds and securities under the said limitations or trusts in default of appointment between or among him or her and the other child or children and grandchild or grandchildren (if any) who shall be entitled to participate in such unappointed part under the said limitations or trusts in default of appointment and in case there shall be no child or grandchildren of my said daughter who shall live to attain the age of twenty one years or (being a daughter or granddaughter) shall live to attain that age or be married then as to the sum of one thousand pounds sterling (part of the said seven thousand pounds Bank Annuities and of the accumulations thereof) my said trustees shall stand and be possessed thereof upon trust for such person or persons in such shares and proportions and at such time or times as my said daughter shall by her last Will and Testament to be duly made by here whether covert or sole or by any Codicil thereunto give and bequeath the same and in the events last aforesaid (subject to any such appointments as aforesaid) the said trustees shall stand possessed of the said trust monies stocks funds and securities and all accumulations of interest thereon upon trust for such of my other sons and daughters as shall be then living in equal shares and proportions Provided always and I hereby direct that the said trustees shall after the decease of my said daughter and while any child or other issue of my said daughter who for the time being shall be presumptively or actually entitled either by virtue of any appointment or in default of appointment to all or any part or share of the said trust monies stocks funds and securities shall be under the age of twenty one years and being a girl or girls unmarried and if the father of such child or other issue shall also be dead pay and apply the whole or such part as they my said trustees shall think fit of the annual produce and income of the fund part or share to which such child or other issue of my said daughter shall for the time being be presumptively or actually entitled for or towards the maintenance and education of such child or issue And I give and bequeath such sum of seven thousand pounds to the said trustees for the benefit of my said daughter Mary Jane Newton accordingly And upon further trust to lay out and invest the like sum of seven thousand pounds sterling and with power to vary the investment in like manner as the above bequeathed sum of seven thousand pounds to my daughter Mary Jane is hereby directed to be invested and to stand possessed thereof and of the stocks funds and securities upon which the same shall be invested upon such and the like trusts and to and for such and the like intents and purposes and with under and subject to such and the like powers provisoes and declarations for the benefit of my daughter Harriett Anne and her children or remoter issue and with the like power of appointment of one thousand pounds sterling and the like resulting and other trusts as are hereinbefore expressed and declared concerning the said bequest of seven thousand pounds in favour of my said daughter Mary Jane and her children and remoter issue as fully and effectually in all respects as if the same were herein repeated And I give and bequeath the said seven thousand pounds to the said trustees for the benefit of my said daughter Harriett Anne Newton accordingly And upon further trust to lay out and invest the like sum of seven thousand pounds sterling and with

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power to vary the investment in like manner as the first above bequeathed sum of seven thousand pounds is hereby directed to be invested for my said daughter Mary Jane and to stand possessed thereof and of the stocks funds and securities upon which the same shall be invested upon such and the like trusts to and for such and the like intents and purposes and with under and subject to such and the like powers provisos and declarations for the benefit of my daughter Fanny Augusta and her children or remoter issue and with like power of appointment of one thousand pounds sterling and with the like resulting and other trusts as are hereinbefore expressed and declared concerning the said bequest of seven thousand pounds in favour of my said daughter Mary Jane and her children or remoter issue as fully and effectually in all respects as if the same were here repeated and I give and bequeath the said sum of seven thousand pounds to the said trustees for the time being for the benefit of my said daughter Fanny Augusta Newton accordingly and from and after the payment and provision for the six several bequests of seven thousand pounds unto my trustees as hereinbefore mentioned my trustees shall lay out and invest and stand possessed of the clear residue of the monies stocks and funds being the remainder of my said residuary estate and effects or the produce thereof in the names of the said trustees in or upon any of the Parliamentary stocks funds or securities of the United Kingdom with liberty for the said trustees to vary and transfer the investments from time to time for any other investments of the description aforesaid as they or he shall think fit and to stand possessed of two eighth parts of the said stocks funds and securities that is to say one eighth part of the said stocks funds and securities In trust for each of them my said sons Joseph Newton and James William Newton and I give and bequeath the same one eight part or share thereof to each of them accordingly as tenants in common and not as joint tenants And as to the remaining six several eighth parts of the said stocks funds and securities my said trustees shall stand possessed thereof upon such and the like trusts and to and for such and the like intents and purposes and with under and subject to the like powers provisoes and declarations for the respective benefits of my said children James William Edward Buckley George Herbert Mary Jane Harriett Anne and Fanny Augusta and their children or remoter issue respectively in equal shares and proportions as tenants in common and not as joint tenants and in the same manner as is hereinbefore contained concerning the said several above gifts and bequests of seven thousand pounds and the stocks funds and securities in or upon which the same shall be invested as fully and effectually in all respects as if the same were here repeated (In making the above several bequests it has been my desire to make an equal distribution among my family and I have estimated the shares in my business hereinbefore given to my said sons Joseph and James William equal to the sum of seven thousand pounds given to each of my other children) Provided also and I do hereby further declare that in case either of my said eight children shall die in my life time or shall happen to die without having attained the age of twenty five years and without having left any children or remoter issue as aforesaid Then the said several and respective gifts and bequests and the accumulations thereof and the share or respective shares as well original as accruing by virtue of this my Will of him or her so dying of and in all the before mentioned gifts and bequests trust monies stocks funds and securities shall be held upon the several trusts hereinbefore declared for such of my other children or child as shall eventually become entitled under the limitations hereinbefore

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contained to participate in and to receive actual payment of the said gifts and bequests legacies and other shares or share of the said trust monies stock funds and securities if more than one in the like shares and proportions Provided and I do hereby declare and direct that in case the said trustees shall think it desirable it shall be lawful for them to advance any sum of money not exceeding the sum of five hundred pounds each out of the principal sum of seven thousand pounds or of his share in the residue bequeathed in trust for each of my sons Edward Buckley Newton and George Herbert Newton for the purpose of placing each of them my said sons out in the world or otherwise advancing their interest by Articles Apprenticeship or otherwise as the case may be Provided also that in case any of my said sons shall depart this life under twenty five leaving any children or child them surviving then it shall be lawful for the said trustees to pay and apply the interest dividends and proceeds of the presumptive share of such children or child under the provisions hereinbefore contained for their his or her maintenance clothing and education until they respectively shall attain twenty one Provided also and I hereby further declare that it shall be lawful for the said trustees notwithstanding the trusts hereinbefore contained if they or he shall think it expedient so to do to allow the said several sums hereby bequeathed or any part thereof to remain upon the securities upon which the same may be found to be invested at the time of my decease And I do hereby declare that the receipt or receipts of the said trustees for any money payable to them by virtue of this my Will shall be a good and sufficient discharge for the sums to be mentioned therein and that the person or persons paying the same shall not be required or bound to see nor be in any respect liable or accountable to any person or persons whomsoever for the application nonapplication or misapplication of the monies therein mentioned to be received or any part or parts thereof Provided always and I do hereby declare and direct that if either of the said trustees hereby appointed shall die in my life time or shall at my decease renounce the trusts of this my Will or in case either of my said trustees or any trustees to be hereafter appointed under the provisions of this my Will shall die or be desirous of being discharged from or be unwilling to act or incapable of acting in the trusts hereby in them her or him reposed then and in that case it shall be lawful for the surviving or remaining trustees or trustee or the executors administrators or assigns of the last surviving trustee or his executors or administrators by any deed or writing under their or his hands and seals or hand and seal to nominate and appoint any other fit and proper person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying renouncing desiring to be discharged from or being unwilling or incapable of acting as aforesaid and as often as any new trustee or trustees shall be nominated and appointed as aforesaid All the trust estate and premises which shall be then held under this my Will shall be respectively conveyed assigned and transferred in such manner that the same may be legally and effectually vested in the person or persons so appointed as aforesaid jointly with the continuing trustee or trustees or alone as the case may require upon the trusts and to and for the ends intents and purposes hereinbefore expressed and declared or such of them as shall be then subsisting and capable of taking effect and the person or persons so appointed as aforesaid shall have and be entitled to exercise the same powers and authorities as if he or they had been appointed trustee or trustees by this my Will Provided also and I do hereby will and declare that neither of the said trustees hereby appointed or any trustee or trustees to be hereafter appointed shall be charged or chargeable with or for any sums of money other than what they shall respectively actually received by virtue of the trusts hereby

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in them reposed notwithstanding they or any of them shall join in any receipt for the sake of conformity and that neither of them shall be answerable or accountable for the others of them or for the acts receipts neglects or defaults of the others of them but each only for his her or their own acts receipts neglects and defaults and also that it shall be lawful for them with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse himself or themselves respectively and allow to his or their Cotrustee or Cotrustees all such costs charges or expenses as they or any of them shall or may respectively sustain expend or be put unto in or about the execution of the trusts in them hereby reposed or in any wise relating thereto And I revoke all former and other Wills by me at any time heretofore made and declare this only to be my last Will and Testament In witness whereof I the said James Newton have hereunto and to the foot of each of the eight preceding sheets set my hand this twenty first day of January one thousand eight hundred and sixty two – James Newton – Signed and published by the testator James Newton as and for his last Will and Testament in the presence of both of us who jointly in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses (the interlineations between the twenty second and twenty third lines of sheet 1 and that between the twenty fifth and twenty sixth lines of sheet 7 and the substitution of the word “two” for “one” on the said twenty fifth line having first been made) – Herbert Sturmy 8 Wellington Street London Bridge Solr – Alfred Diggles his clerk

Proved at London 27^th March 1878 by the Oaths of Joseph Newton and William Henry Newton the Sons and Joseph Cooper the Executors to whom Admon was granted.