Richard Herbert of Abersychan
1916.
This is the last will and testament of me Richard
Herbert of Brynderwen, Abersychan in the County of Monmouth,
Gentleman.
- I appoint my sons William Charles Herbert
and Richard Alfred Herbert, my nephew William John
Herbert of Llanhilleth in the said County of Monmouth, provision
merchant, my brother-in-law William Thomas Jones of Clapham,
London and my son-in-law Thomas John McAllen M.C. of Pontypool
physician and surgeon (hereinafter called my trustees) to be
the executors and trustees of this my will and I give to them
the sum of fifty pounds each for their trouble in acting as such
executors as aforesaid. I appoint my trustees after the death
of my wife to be the guardians of my infant children.
- I give all my wines, liquors and consumable
stores and effects unto my wife Helen Jane Herbert absolutely
and I also give her the sum of two hundred pounds to be paid
within two calendar months after my death.
- I give all my plate, linen, china, glass,
books, pictures, prints, furniture and other household effects
and all my carriages, horses and motors to my said wife Helen
Jane Herbert so that she may enjoy the same in specie during
her life and after her death I direct that the same should fall
into and form part of my residuary estate.
- I devise and bequeath all my real chattel
real and personal estate not hereby otherwise disposed of unto
my trustees upon trust that my trustees shall sell, call in and
convert into money the same or such part thereof as shall not
consist of money and shall out of the monies produced by such
sale calling in or conversion and out of my ready money pay my
funeral and testamentary expenses and debts and legacies bequeathed
by my will or any codicil hereto and shall at the discretion
of my trustees invest the residue of the said monies with power
from time to time to vary the investments and shall stand possessed
of the residue of the said monies and the investments for the
time being representing the same (hereinafter called the residuary
Trust Fund) upon trust to pay my said wife Helen Jane Herbert
the sum of seven hundred pounds per annum until my youngest child
for the time being shall attain the age of twenty one years for
the benefit of my said wife and so that she may provide a home
for my children and shall accumulate the residue (if any) of
the income of the Residuary Trust Fund by investing the same
and the resulting income thereof with power nevertheless for
my trustees at any time or times to resort to the accumulations
of any preceding year or years for the purpose of paying the
said annuity to my said wife as aforesaid and upon my said youngest
child attaining the age of twenty one years upon trust to pay
my said wife an annuity of three hundred pounds free of all duty
during her life to commence from the date when my said youngest
child shall attain the age of twenty one years and to be paid
by equal quarterly payments and subject thereto upon trust as
to the residuary trust fund for all my children in equal shares
during their respective lives and after their respective deaths
upon trust for their children in equal shares such children to
take their respective parents share equally between them and
in case either of my said children should die without leaving
a child or children him or her surviving I declare that my trustees
shall stand possessed of the share in the Residuary Trust Fund
of the one so dying upon trust for my then surviving children
for their respective lives in equal shares and after their respective
deaths for their respective children as aforesaid.
- I direct my trustees to set apart and invest
such a sum of money as will when invested produce by the income
thereof the said annuity of three hundred pounds payable to my
said wife as aforesaid and to apply the income or if necessary
the capital of the Fund so set apart in payment of the said annuity
or to permit a portion of my estate to remain invested as at
my decease for the purpose of paying such annuity and which funds
shall on the cessor of the said annuity and in the meantime subject
thereto fall into and form part of my residuary estate.
- I empower my trustees at their discretion
to apply a sum or sums not exceeding one thousand five hundred
pounds for each child out of my residuary trust fund for the
advancement benefit or maintenance of each of my children as
my trustees shall think fit and I further empower my trustees
to raise any part or parts not exceeding together one moiety
of the vested or presumptive share of any grandchild of mine
under my will and apply the same for his or her advancement or
benefit as my trustees shall think fit.
- I declare that my trustees may postpone the
sale and conversion of any part of my property (including leaseholds
or other property of a terminable or wearing out nature) for
so long as they shall think fit and that they shall not sell
or convert into money reversionary property before it falls into
possession unless in their opinion it shall be necessary to do
so to prevent loss and I direct that the rents profits and income
to accrue after my death from such part of my estate as shall
for the time being remain unsold and unconverted shall after
payment thereout of all incidental expenses and outgoings and
howsoever invested be paid and applied to the person or persons
and in the manner to whom and in which the income of the proceeds
of such sale and conversion would for the time being be payable
or applicable under my will if such sale and conversion has been
actually made.
- I declare that as regards any real or leasehold
property remaining unsold my trustees may let or demise the same
either from year to year or for a term of years at such rent
and subject to such covenants and conditions as they shall think
fit and may accept surrenders of leases and tenancies cut timber
expend money in repairs and improvements and generally manage
the property according to their absolute discretion and I direct
that the proceeds of any timber sold by my trustees shall be
considered as income and that any money required for repairs
or improvements may be raised either out of income or out of
the capital of my estate as my trustees shall under the circumstances
think fair and equitable and I declare that any leases granted
by my trustees may contain an option enabling the leasee to purchase
the reversion thereof upon such terms as my trustees shall think
fit.
- I declare that all monies liable to be invested
under my will may be invested in any good real chattel real or
personal securities or in any stocks funds or debentures of any
public company or in the purchase of any real or leasehold property
as my trustees in their discretion shall think fit.
- I empower my trustees to employ any person
or persons to collect the income of my estate and to pay him
such salary or commission as they shall think fit.
- I revoke all former wills and testamentary
dispositions. In witness whereof I have to this and the preceding
sheet of paper set my hand this 19th day of November
one thousand nine hundred and thirteen. Rich Herbert
- Signed by the testator as and for his last
will and testament in the presence of us both being present at
the same time who at his request in his presence and in the presence
of each other have hereunto set our names as witnesses D Cave,
Abersychan, gardener; WHV Bythway, Solicitor, Pontypool
This is a codicil to the last will and testament
of me Richard Herbert of Brynderwen, Abersychan in the County
of Monmouth. Whereas by an indenture bearing even date herewith
and made between myself of the first part and Benjamin Davies,
James Pitt, Wilfred Price, Elijah Phillips, Alfred Miles, John
Jones, Felix Ewart Powell, Thomas John Eyles, William John Daniel
and William Phipps (hereinafter called "the Trustees")
and being the trustees of the Zion Hill Baptist Church of the
other part which is intended to be enrolled in the Central Office
of the Royal Court of Judicature pursuant to the Mortmain and
Charitable Uses Act 1888 I have conveyed a piece of land situate
at Pontnewynydd in the said County of Monmouth unto and to the
use of the trustees upon the trusts therein declared and whereas
I am advised that the said conveyance will be void if I die within
twelve calendar months after the date thereof. Now I hereby devise
the said piece of land comprised in the said Deed of Conveyance
in the event of my death within twelve calendar months from the
date of the said indenture to the trustees of the said chapel
upon the trusts declared concerning the same by the said indenture
and in all other respects I confirm my last will as witness my
hand this fifteenth day of July one thousand nine hundred and
fourteen. Rich Herbert. Signed by the said Richard Herbert as
and for a codicil to his last will and testament 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 hereunto subscribed our
names as witnesses. WHV Bythway, Solicitor, Pontypool; JA Thomas,
Solicitor’s clerk, Pontypool
This is a further codicil to the last will
and testament of me Richard Herbert formerly of Brynderwen, Abersychan
in the County of Monmouth, but now of Inglenook, Weston Super
Mare in the County of Somerset, Gentleman. Whereas I have agreed
to sell my business as provision merchant at Usk in the County
of Monmouth to Herbert and Company (Usk) Limited and whereas I
have given the following shares in such Company to the following
parties namely three hundred one pound shares to my son Charles
Herbert, three hundred one pound shares to my manager William
Windsor Prout Gibbon, two hundred one pound shares to my assistant
Charles Scrivens and one hundred one pound shares to my assistant
Oliver Redwood and I have executed transfers of such shares accordingly.
Now I hereby confirm the gift of the before mentioned shares to
the before mentioned parties respectively and declare that the
whole of the said gifts shall be free of all duties. I hereby
devise and bequeath all my freehold dwelling house and premises
known as Inglenook situate at Weston Super Mare aforesaid unto
my wife Helen Jane Herbert absolutely. I further direct that the
trustees of my will shall pay all duties payable in respect of
the freehold land and premises which I have devised by the first
codicil to my will to the trustees of the Zion Hill Baptist Church
and also the whole of the costs relating to the conveyance of
the said premises to such trustees I revoke the codicil dated
the twelfth day of September one thousand nine hundred and fourteen
to my said will as witness my hand this 23rd day of
September one thousand nine hundred and fourteen. Richard Herbert.
Signed by the said testator as a third codicil to his last will
in our presence both being present at the same time who at his
request in his presence and in the presence of each other have
hereunto set our names as witnesses. WHV Bythway, Solicitor, Pontypool;
JR Brough, his clerk
This is a further codicil to the will of me
Richard Herbert of Inglenook, South Road, Weston Super Mare in
the County of Somerset. I give and devise all that freehold dwelling
house and premises belonging to me and situate on Saint Luke’s
Road, Pontnewynydd and now in the occupation of Mr David unto
my wife Helen Jane Herbert absolutely and I declare that this
bequest shall be in addition to the bequests already given to
my wife by my said will and previous codicils. As witness my hand
this 27th day of July one thousand nine hundred and
fifteen. Rich Herbert. Signed by the said testator as a further
codicil to his will in our presence both being present at the
same time who at his request in his presence and in the presence
of each other have hereunto set our names as witnesses Lily Rich,
parlour maid, Ingle Nook, South Rd, Weston S Mare; LB Rich, cook,
Ingle Nook, South Rd, Weston S Mare
On the 28th day of June 1916 Probate
of this will and three codicils was granted to William Charles
Herbert, Richard Alfred Herbert, William John Herbert and Thomas
John McAllen the surviving executors.
Be it known that Richard Herbert of Inglenook,
Weston Super Mare in the County of Somerset died on the 6th
day of January 1916 at Inglenook aforesaid.
And be it further known that at the date hereunder
written the last will and testament with three codicils thereto
of the said deceased was proved and registered in the Principal
Probate Registry of His Majesty’s High Court of Justice,
and that administration of all the estate which by law devolves
to and vests in the personal representative of the said deceased
was granted by the aforesaid Court to William Charles Herbert
of Inglenook aforesaid, surveyor and Richard Alfred Herbert of
Inglenook aforesaid, motor driver, sons of the deceased, and William
John Herbert of Llanhilleth in the County of Monmouth aforesaid
provision merchant, nephew of deceased, and Thomas John McAllen
of Pontypool in the said County of Monmouth aforesaid, physician
and surgeon, the surviving executors named in the said will. Dated
the 28th day of June 1916
Gross value of Estate £26,746 –
14 – 1
Net value of personal estate £16,045
– 12 - 1
Transcribed from a photocopy of what looks
like a typescript of the original by Dave Woolven, 2 Aspen Way,
Malpas Park, Newport, South Wales. NP20 6LB Tel 01633 858 359
22/23 March 2001