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This is the last Will and Testament of me BENJAMIN SHAW
of 34 Crescent Road Southport in the County of Lancaster Retired
Railway manager
·
I
hereby revoke all testamentary instruments at any time
heretofore executed by me
·
I
appoint the Public Trustee to be sole Executor and Trustee of
this my Will
·
I
bequeath the following legacies all free of death duty namely
·
To
my son FREDERICK CHADWICK SHAW the sum of Thirty pounds
·
To
my housekeeper JANE TOOTH the sum of Twenty five pounds
for every complete year and so in proportion for any part of a
year that she shall have been in my service computed from the
twentysixth day of January one thousand nine hundred and
seventeen in addition to any moneys owing by me to her at my
death if she shall be in my service at the date of my death and
shall not be under notice to leave whether given or received
·
To
my servant EMMA WRIGHT the amount of one years wages in
addition to any moneys owing to her by me at my death if she
shall be in my service at the date of my death and shall not be
under notice to leave whether given or received
·
I
devise all my real estate and I bequeath all the residue of my
personal estate unto the Public Trustee upon trust to sell call
in and convert into money all such parts thereof as shall not
consist of investments of the nature hereinafter authorised
·
Subject to the payment of my debts funeral and testamentary
expenses and the legacies hereinbefore bequeathed I direct the
Public Trustee to invest in manner hereinafter authorised the
process of the said sale calling in and conversion and to stand
possessed of such investments and of such parts o9f my estate as
shall at my death consist of such investments as aforesaid
(hereinafter called “my residuary estate”) upon trust to divide
the same into as many equal parts as there are children of mine
living at my death and to appropriate one such share to each
such child and to stand possessed of each such share upon the
trusts following that is to say
·
Upon trust to pay the income of such share to the child of mine
in whose favour it has been appropriate during his or her life
and in the case of a daughter for her sole and separate use
during coverture without power of anticipation and after the
death of such child
·
Upon trust to pay the said income to any husband or wife of such
child of mine who shall survive me during the residue of such
husband or wifes life if her or she shall so long remain
unmarried and after the death marriage again of such husband or
wife
·
Upon trust as to both capital and income of such share for the
child or children of such child of mine who attain the age of
twenty one years and if more than one in equal shares
·
If
there shall be any child of mine who is living at my death and
dies without leaving a child who attains a vested interest under
the trusts hereinbefore contained then I direct that such childs
share shall be held in trust for all my grandchildren who shall
be living at the death of such child of mine and shall attain
the age of twenty one years in equal shares percapita and if
there shall be only one such grandchild then the whole for such
grandchild
·
If
any child of mine shall die in my lifetime leaving a husband or
wife or issue living at my death such child shall be entitled to
a share in my residuary estate in the same manner as if such
child had been living at my death and such share shall be held
subject to the trusts powers and provisions in this clause
contained or such of the same as are capable of taking effect
6. I declare that the Public Trustee may postpone the sale
calling in and conversion of any part of my real or personal
estate for such period as he may in his absolute discretion deem
fit notwithstanding that it may be of a wasting speculative or
reversionary nature and that pending such sale calling in and
conversion the whole of the income of property actually
producing income shall be applied as from my death as income and
on the other hand on such sale calling in and conversion or on
the falling in of any reversionary property no part of the
proceeds of such sale calling in or conversion of such property
shall be paid or applied as past income
7. I direct that any moneys liable to be invested by the
Public Trustee may be invested in the name of any of the
following forms of investment with liberty to vary and transpose
the same from time to time namely
a) Any of the stocks funds or securities authorised by
law for the investment of trust funds (except real securities in
Ireland)
b) Any of the stocks funds bonds or securities of or
guaranteed by the Government of the United Kingdom or India or
any British Colony Dependency Protectorate or Territory or any
foreign country state Province or Territory
c) The stocks shares funds bonds mortgatee obligations
Debentures or securitys of any Corporation Board of
Commissioners Public Body or Authority municipal or otherwise in
the United Kingdom or India or any British Colony Dependency
Province Protectorate or Territory or any foreign country state
Province or Territory
d) The funds Bonds mortgages obligates Debentures or
Debenture rent charge guaranteed or preference or ordinary or
preferred or deferred ordinary stocks or shares of any Company
in the United Kingdom or India or any British Colony Dependency
Province Protectorate or Territory or any foreign country state
province or territory
e) The security of any interest for a life or lives or
determinable on a life or lives or any other event in real
property in Great Britain (but not in Ireland) or any moveable
property wheresoever situated together with a policy or policies
of assurance on such life or lives or against such event
8. I empower the Public Trustee in his absolute discretion to
raise any part or parts not exceeding one moiety of the
contingent or vested share of capital of any person under this
my Will and apply the same for his her or their benefit or
advantage but during the existence or contingency of any prior
life interest or interests only with the consent in writing of
the person or persons entitled to such interest or interests
In witness whereof I have to this my Will contained in this and
the two preceding sheets of paper set my hand this Eleventh day
of March one thousand nine hundred and twenty one
Witnessed by Geo Wheeldon and Thomas Goffey Solicitors,
Southport
FIRST CODICIL dated 6 October 1921
Bequest to JANE TOOTH increased to Thirty six pounds for
each year of service.
SECOND CODICIL dated 9 June 1923
Bequest to JANE TOOTH increased to a minimum of Three
hundred pounds
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