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The Will of Benjamin Shaw

 

 

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

 

 

This Will was kindly transcribed and sent in by Janet.

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