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The Will of Francis Stanier of Peplow Hall, 1899

With two codicils dated 1900

Named People

The will is 15 pages of unpunctuated text. To aid readability, I have inserted linebreaks at what I take to be the sentence endings.

The Will

I FRANCIS STANIER of Peplow Hall in the county of Salof Esquire hereby revoke all former wills codicils and testamentary instruments made by me and declare this to be my last Will
I appoint my son Beville Stanier my brother-in-law George Gordon and Joseph Guy Knight of Newcastle under Lyme in the county of Stafford Solicitor (who are hereinafter referred to as my trustees) EXECUTORS and trustees of this my Will for all the purposes herein expressed and also for the purposes of the Settled Land Acts 1882 to 1890 and for the purposes mentioned in Section 42 of the Conveyancing and Law of Property Act 1881
I bequeath to each of my trustees the sum of two hundred pounds free of duty as an acknowledgement of the trouble they will have in executing the trusts of this my Will
I bequeath to my brother Randle Baddeley Stanier and to my sister Mary Jane Gordon and to my sister Alice Constance Master the sum of one thousand pounds each free of duty
I also bequeath to my nephews Guy Stanier and Ernest Stanier the sum of one thousand pounds each free of duty
I bequeath to my dear wife Caroline Judith Stanier the sum of five hundred pounds to be paid to her within one calendar month after my death and also the Policy on my life in the Royal Exchange Assurance for the sum of five thousand pounds and all bonuses and additions thereto and also all the jewellery trinkets and personal adornments used or worn by her in my lifetime and also such articles of household furniture as she shall within twelve calendar months from my death select from my furniture at Peplow Hall not exceeding in value the sum of two hundred pounds such value in case of dispute to be determined by my executors in such manner as they shall think proper
I also bequeath to my said wife all my wines liquors and consumable stores and provisions which shall be in or about Peplow Hall at my death and also all my horses carriages harness saddlery and stable furniture and also all my plants and garden tools and implements and outdoor effects at Peplow Hall
I also bequeath to my said wife in addition to any provision made for her by the Settlement made on our marriage an annuity of one thousand five hundred pounds during her widowhood commencing from my death
And in the event of her marrying again then during the remainder of her life a reduced annuity of five hundred pounds for her separate use without power of anticipation such respective annuities to be payable by equal quarterly payments the first payment to be made at the expiration of three calendar months from my death
And I empower my trustees if they shall think fit to appropriate and set apart out of my personal estate and invest such a sum of money as will when invested produce by the income thereof a sum sufficient to answer the said annuity of one thousand five hundred pounds to my said wife
And I declare that from and after such appropriation my residuary personal estate shall be liberated from the payment of said annuities and that in case the annual income of the appropriated fund shall at any time and from any cause whatever prove insufficient for payment of the said annuities in full resort may be had to the capital thereof from time to time to make good such deficiency and that as and when the said annuity of one thousand five hundred pounds shall be reduced to an annuity of five hundred pounds or as and when either of the said annuities shall cease a corresponding part or the whole of the appropriated fund as the case may be shall sink into and form part of my residuary personal estate
I devise to my said wife my house known as Craiglarach House Aboyne with the gardens and land belonging thereto in fee she paying the annual feu or chief rent payable in respect of the same
I also bequeath to my said wife all the furniture plate linen china glass books pictures and other household effects which may be in or about Craiglarach House aforesaid at my death except such of the same (if any) as shall belong to and be usually kept and used by me at Peplow Hall
I bequeath to my trustees the sum of fifty thousand pounds to be held by my trustees Upon trusts in favour of my son Frank Justice Stanier and his issue hereinafter declared and contained concerning the same
And I direct that my trustees shall invest the said sum of fifty thousand pounds in their names in any of the modes of investment hereinafter authorised with power from time to time to vary the said investments into or for others of the same or a like nature and shall hold the said sum and the investments representing the same Upon trust if at the time of my death the said Frank Justice Stanier would not by reason of any antecedent Bankruptcy or alienation or charge or attempted alienation or charge or the happening of any other event be wholly or partly prevented from personally enjoying the life interest hereby given to him in the trust premises if the same were given to him absolutuely to pay the income thereof to the said Frank Justice Stanier during his life or until he shall alienate charge or anticipate or affect to alienate charge or anticipate the same or any part thereof or shall become Bankrupt or make any composition or arrangement with this Creditors having the effect of a charge upon the said income or until he shall commit or attempt to commit or suffer any other act or thing or until any other event shall happen whereby if the same income were payable to him absolutely for life he would be wholly or partially deprived of the personal enjoyment thereof
And in the event of the trust hereinbelow contained for payment of the said income to the said Frank Justice Stanier failing or determining in his lifetime Upon trust during the remainder of his life or any such shorter period continuous or discontinuous as my trustees shall in their absolute and uncontrolled discretion think fit pay or apply all or any part of the said income unto or for the personal support and maintenance or otherwise for the benefit of the said Frank Justice Stanier and his wife and issue (if any) for the time being in existence and my other children or any of such respective ibjects(sic) of the present discretionary trust to the exclusion of the others or other of them in such shares and manner as my trustees shall from time to time in their absolute and uncontrolled discretion think fit with power for my trustees on invest any unapplied income and to hold and pay and apply the same or any part thereof or any income arising therefrom or from any part thereof at the like discretion from time to time unto or for the personal support and maintenance or otherwise for the benefit of all or any one or more to the exclusion of the others or other of the objects aforesaid and from and after the death of my said son Frank Justice Stanier subject nevertheless to a power for him to appoint by Will that after his death any part of the said income not exceeding five hundred pounds per annum shall be paid to any wife of his who may survive hime during her life or for any less period then In trust for all or such one or more exclusively of the others or other of the children or remoter issue of my said son Frank Justice Stanier such remoter issue to be born and to take vested interests within twenty one years after his death at such age or time or respective ages or times if more than one in such shares and with such future or other trusts for their respective benefit and such provisions for their respective advancement and maintenance and education at the discretion of my trustees or any other person or persons in such manner in all respects as my said son shall by Will or codicil appoint
And in default of and such to any such appointment In trust for all or any of the children or child of my said son living at his death and the children or child then living of any deceased child of his who shall attain the age of twenty one years if more than one in equal shares but so that the children of any deceased child of his shall take between them only the share which their parent would have taken had he or she survived my said son and attained a vested interested
Provided always and I declare than no child of my said son who or whose issue should take any part of the said sum under any appointment by virtue of the power hereinbefore given to my said son shall in default of appointment to the contrary be entitled to any share of the unappointed part thereof without bringing the share or shares or interest appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly
And in the event of the failure or determination of the trusts hereinbefore declared in favour of the children child or remoter issue of my said son Frank Justice Stanier and subject to the trusts powers and provisions herein declared and contained and to every or any exercise of such powers including the power of appointing an annuity to any wife of his who may survive him and to any statutory provisions which may be applicable then I direct that the said sum of fifty thousand pounds and any accruing share or shares under the provisons in this behalf hereinafter contained and the investments thereof shall go and be divided between all my children then living and the child or children then living of any deceased child of mine in equal shares but so that the children then living of any then deceased child of mine if more than one shall take equally between them only the share which their parent would have taken if he or she had lived and so also that the share or shares accruing to each of my daughters or their respective child or children under this trust shall be subject to the trusts declared by this my Will concerning the legacies settled upon my said daughters and their respective issue
I bequeath to my trustees the sum of sixty six thousand pounds to be held by them Upon trust for my three daughters and their respective issue in the shares following that is to say the sum of eighteen thousand pounds Upon trust for my daughter Lucy Caroline Drake and her issue the sum of eighteen thousand pounds Upon trust for my daughter Eleanor Mary Fisher and her issue and the sum of thirty thousand pounds Upon trust for my daughter Dorothy Stanier and her issue in manner hereinafter expressed
And I declare that my trustees shall stand possessed of the share whether original or accruing under the provisions herein contained of each daughter of mine and her issue under this my Will Upon trust to invest the same in their name in any of the modes of investment hereinafter authorised with power from time to time to vary the said investments into or for others of the same or a like nature and to hold the said share and the investments representing the same Upon trust to pay the income thereof to each such daughter during her life for her separate use free from the control debts and engagements of any husband and without power of anticipation but with power for her to appoint by deed when discovert or by Will whether covert or discovert that after her death any part of the said income not exceeding five hundred pounds shall be paid to any husband of her who may survive her during his life or any less period
And from and after the death of each such daughter and subject to any appointment which may be made to her husband as aforesaid Upon trust for all or such one or more exclusively of the others or other of the children or remoter issue of each such daughter such remote issue to be born and take vested interests within twenty one years after her death at such age or time or respective ages or times if more than one in such shares and with such future or other trusts for their benefit and such provisions for their respective advancement and maintenance and education at the discretion of my trustees or any other person or persons and in such manner in all respects as each such daughter shall by Will or codicil appoint And in default of and subject to any such appointment In trust for all or any the children or child of each such daughter living at her death and the children or child then living of any then deceased child of her who shall attain the age of twenty one years if more than one in equal shares but so that the children of any deceased child of her shall take equally between them only the share which their parent would have taken had he or she survived such daughter and attained a vested interest
Provided always and I declare that no child in whose favour or in favour of whose issue an appointment shall be made by virtue of the power hereinbefore given to each such daughter shall in default of appointment to the contrary be entitled to any share of the unappointed find without bringing the share or interest appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly
And in the event of the failure or determination of the trusts hereinbefore declared in favor of any such daughter and subject to the trusts powers and provisions herein declared and contained and to every or any exercise of such powers including the power of appointing an annuity to any husband of her who may survive her and to any statutory provisions which may be applicable then I direct that the original share and any and every accruing share or shares and the investments thereof as aforesaid settled upon trust for such daughter and her issue shall go and be divided between all my children then living and the child or children then living of any then deceased child of mine in equal shares but so that the children of any then deceased child if mine if more than one shall take between them only the share which their parent would have taken if he or she had lived and so also that the share or shares accruing to each of my said daughters and to my son Frank Justice Stanier or their respective child or children under this trust shall be subject to the trusts declared under this my Will concerning the respective original shares settled upon trust for my said daughters and my said son Frank Justice Stanier and their respective issue
I bequeath the sum of sixty thousand pounds to my son William Sneyd Stanier absolutely
I also bequeath to my trustees the further sum of twenty thousand pounds upon the trusts hereinafter declared concerning the same
And I declare that my trustees shall stand possessed of the said further sum of twenty thousand pounds Upon trust to invest the same in their names in any of the modes of investment hereinafter authorised with power from time to time to vary the said investments into or for others of the same or a like nature and to hold the said further sum of twenty thousand pounds and the investments representing the same Upon trust to pay the income thereof to my said son William Sneyd Stanier during his life and from and after his decease (subject to a power for him to appoint by Will that after his death any part of the said income not exceeding five hundred pounds per annum shall be paid to any wife of his who may survive him during her life or for any less period) then In trust for all or such one or more exclusively of the others or other of the children or remoter issue of my said son William Sneyd Stanier such remoter issue to be born and take vested interests within twenty one years after his death at such age or times or respective ages or times if more than one in such shares and with such future or other trusts for their benefit and such provisions for their respective advancement and maintenance and education at the discretion of my trustees or any person or persons and in such manner in all respects as my said son William Sneyd Stanier shall by Will or codicil appoint And in default of and subject to any such appointment In trust for all or any the children or child of my said son William Sneyd Stanier living at his death and the children or child then living of any then deceased child of his who shall attain the age of twenty one years if more than one in equal shares but so that the children of any deceased child of his shall take equally between them only the share which their parent would have taken had he or she survived my said son and attained a vested interested
Provided always and I declare that no child of my said son shall under any appointment by virtue of the power hereinbefore given to my said son shall in default of appointment to the contrary be entitled to any share of the unappointed part thereof without bringing the share or shares or interest appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly
And in the event of the failure or determination of the trusts hereinbefore declared concerning the said further share of thirty thousand pounds and subject to the trusts powers and provisions herein declared and contained and to every or any exercise or such powers including the power of appointing an annuity to any wife of my said son William Sneyd Stanier who may survive him and to any statutory provisions which may be applicable then I direct that the said further sum of thirty thousand pounds and the investments thereof shall go and be divided between all my children then living and the child or children then living of any then deceased child of mine in equal shares but so that the children of any then deceased child of mine if more than one shall take equally between them only the share which their parent would have taken had he or she lived and so also that the share or shares accruing to each of my said daughters and to my said son Frank Justice Stanier or their respective child or children under this trust shall be subject to the trusts declared under this my Will concerning the respective original shares settled upon trust for my said daughters and my said son Frank Justice Stanier and their respective issue
I authorise my trustees from time to time as and when each child of my said son Frank Justice Stanier and each or my said daughters respectively attains the age of twenty one years to raise out of the respective sums hereinbefore settled upon trusts in favour of my said son Frank Justice Stanier and my said daughters and their respective issue and the respective investments thereof the sum of one thousand pounds and to pay or apply the same unto or for the advancement or benefit of each such child as my trustees shall think fit each such sum to be in part payment and satisfaction of the share to which each such child shall ultimately become entitled in the fund out of which the same is raised but so that no such sum shall be so raised and paid or applied as aforesaid during the respective lives of my said son Frank Justice Stanier and my said daughters without their respective consents in writing
And in addition and without prejudice to the authority hereinbefore contained I authorise my trustees after the determination or failure of every prior life or other interest (if any) or previously thereto with the consent in writing of every person in existence for the time being entitled to any such prior interest whether vested or contigent at any time or times to raise any part or parts not exceeding together one moiety of the expectant contingent presumptive or vested share exclusive in the case of each such grandchildren of mine as aforesaid of such sum of one thousand pounds as aforesaid of any person under any of the trusts hereinbefore contained or any codicil of this my Will and to pay or apply the same for his or her preferment advancement or benefit as my trustees shall think fit
Provided always and I declare that all sums of money or property which I may hereafter give or covenant or agree to give to or with my said daughter Dorothy Stanier on her marriage or otherwise for her advancement or establishment in life shall in default of any direction to the contrary in writing under my hand be taken in or towards satisfaction of the said sum of thirty thousand pounds hereinbefore settled upon trusts in favour of my said daughter Dorothy Stanier and her issue and such sum of thirty thousand pounds part of the said aggregate sum of sixty six thousand pounds so as aforesaid bequeathed to my trustees Upon trust and the said aggregate sum of sixty six thousand pounds shall be reduced accordingly
I devise all such of my real estate situate in the county of Salop as lies on the west side of the High Road leading from Market Drayton to Shrewsbury unto and to the use of my said son Beville Stanier his heirs and assigns for ever
I devise all the residue of my real estate situate in the county of Salop (hereinafter referred to as my Peplow and High Hatton estate) to my trustees Upon trust to permit my said wife to occupy my Mansion House called Peplow Hall together with the outbuildings gardens and pleasure grounds occupied by me therewith for the term of twelve calendar months from my death she keeping up the said gardens and pleasure grounds at her own expense and subject as aforesaid to the use of my said son Beville Stanier and his assigns during his life without impeachment of waste other than wilful or permissive waste in pulling down houses or buildings or suffering the same to go to decay and except waste in cutting timber planted or left standing for ornament or shelter or any timber or timberlike trees otherwise than in a due and proper course of management with remainder To the use of my grandson Frank Adolphus Hood Stanier the son of my said son Frank Justice Stanier and his assigns during his life without impeachment of waste save as aforesaid with remainder To the use of the first and every other son of my grandson Frank Adolphus Hood Stanier successively in remainder one after the other according to their respective seniorities in tail with remainder To the use of the first and every other daughter of my grandson Frank Adolphus Hood Stanier successively one after the other according to their respective seniorities in tail with remainder To the use of the second and every other son of my said son Frank Justice Stanier successively in remainder one after the other according to their respective seniorities in tail with remainder To the use of my grandson Alexander Algernon John Stanier the son of my said son Beville Stanier and his assigns during his life without impeachment of waste save as aforesaid with remainder To the use of the first and every other son of my said grandson Alexander Algernon John Stanier successively in remainder one after the other according to their respective seniorities in tail with remainder To the use of the first and every other daughter of my said grandson Alexander Algernon John Stanier successively one after the other according to their respective seniorities in tail with remainder To the use of the second and every other son of my said son Beville Stanier successively in remainder one after the other according to their respective seniorities in tail with remainder To the use of my said son William Sneyd Stanier and his assigns during his life without impeachment of waste save as aforesaid with remainder To the use of the first and every other son of my said son William Sneyd Stanier successively in remainder one after the other according to their respective seniorities in tail with remainder To the use of the first and every other daughter of my said son Frank Justice Stanier successively one after the other according to their respective seniorities in tail with remainder To the use of the first and every other daughter of my said son Beville Stanier successively one after the other according to their respective seniorities in tail with remainder To the use of the first and every other daughter of my said son William Sneyd Stanier successively one after the other according to their respective seniorities in tail with remainder To the use of my said daughter Lucy Caroline Drake and his assigns during her life without impeachment of waste save as aforesaid and so that during her present or any future coverture the same shall be for her separate use and she shall not have power to dispose of or charge the rents and profits of the said premises by way of anticipation with remainder To the use of the first and every other son of my said daughter Lucy Caroline Drake successively in remainder one after the other according to their respective seniorities in tail with remainder To the use of the first and every other daughter of my said daughter Lucy Caroline Drake successively one after the other according to their respective seniorities in tail with remainder To the use of my said daughter Eleanor Mary Fisher and his assigns during her life without impeachment of waste save as aforesaid and so that during her present or any future coverture the same shall be for her separate use and she shall not have power to dispose of or charge the rents and profits of the said premises by way of anticipation with remainder To the use of the first and every other son of my said daughter Eleanor Mary Fisher successively in remainder one after the other according to their respective seniorities in tail with remainder To the use of the first and every other daughter of my said daughter Eleanor Mary Fisher successively one after the other according to their respective seniorities in tail with remainder To the use of my said daughter Dorothy Stanier and his assigns during her life without impeachment of waste save as aforesaid and so that during her present or any future coverture the same shall be for her separate use and she shall not have power to dispose of or charge the rents and profits of the said premises by way of anticipation with remainder To the use of the first and every other son of my said daughter Dorothy Stanier successively in remainder one after the other according to their respective seniorities in tail with remainder To the use of the first and every other daughter of my said daughter Dorothy Stanier successively one after the other according to their respective seniorities in tail with remainder To the use of my own right heirs for ever
Provided always and I declare that if any person to whom an estate in tail by purchase in my Peplow and High Hatton estate is hereinbefore limited is now born or shall hereafter be born in my lifetime such estate in tail shall not take effect and in lieu thereof I devise the said promises To the use of such person and his or her assigns during his or her life without impeachment of waste save as aforesaid and in the case of a female so that during coverture the same shall be for her separate use and she shall not have power to dispose of or charge the rents and profits of the said premises by way of anticipation with remainder To the use of the first and every other son of such person successively in remainder one after the other according to their respective seniorities in tail with remainder To the use of the first and every other daughter of such person successively one after the other according to their respective seniorities in tail
I bequeath unto my trustees all the plate china glass and articles of household furniture use and ornament pictures prints busts statues sculptures bronzes marbles vases antiquities book and manuscripts (hereinafter collectively referred to as "the said effects") which shall be in or about or belonging to my Mansion House called Peplow Hall at my death Upon trust to permit the same or any of them from my said Mansion House for the term of twelve calendar months from my death and from and after the expiration of such term Upon trust to allow the said effects except only such articles (if any) of household furniture as my said wife may then have selected under the bequest to her as hereinbefore contained to devolve and be enjoyed as heirlooms with my said Peplow and High Hatton estates but so that the same shall not rest absolutely in any person hereby made tenant in tail by purchase unless he or she shall attain the age of twenty one years but on his or her death under that age shall devolve as if the same had been freeholds of inheritance included in the devise in settlement of my said Peplow and High Hatton estate hereinbefore contained
And I direct that as soon as conveniently may be after my death an inventory shall be taken at the cost of my personal estate and shall be signed by my said wife and my trustees and shall from time to time after the death of my said son Beville Stanier be revised at the cost of the person for the time being entitled to the use and enjoyment of the said effects if and when of full age and shall be signed by such person and also by the trustees or trustee for the time being of this my Will and the said effects shall at all times be kept insured against loss or damage by fire to their full value as far as the same may be of an insurable nature and properly preserved at the expense for the term of twelve calendar months from my death of my personal estate and afterwards of the person for the time being entitled to the use and enjoyment thereof
Provided always that the said trustess or trustee shall not be bound to see to the insurance (except only during the term of twelve calendar months from my death) custody or preservation of the said effects or any of them or to interfere in any way in relation thereto further than to require such inventory to be made and from time to time revised and signed as aforesaid and shall not be responsible for any omission neglect or default on the part of the person for the time being entitled to the use and enjoyment thereof or otherwise in relation to the insurance or preservation thereof
Nevertheless the said trustees or trustee shall be at liberty at any time to interfere for the protection of the said effects or any of them if and as they shall think fit
I devise all my real estate in or adjoining the parish of Biddulph in the county of Stafford and known and hereinafter referred to as "my Biddulph estates" to my trustees To the use of (subject nevertheless to the proviso and declaration next hereinafter contained) my said grandson Frank Adolphus Hood Stanier and his assigns during his life without impeachment of waste save as aforesaid with remainder To the use subject nevertheless as last aforesaid of the first and every other son of my said grandson Frank Adolphus Hood Stanier successively in remainder one after the other according to their respective seniorities in tail male with remainder To the use subject nevertheless as last aforesaid of the first and every other daughter of my said grandson Frank Adolphus Hood Stanier successively one after the other according to their respective seniorities in tail with remainder To the use of my said son William Sneyd Stanier his heirs and assigns for ever
Provided always and I declare that if any person hereinbefore made tenant for time or tenant in tail by purchase of my Biddulph estates shall by virtue of the limitations of my Peplow and High Hatton estates hereinbefore contained become actually entitled or if of full age would be actually entitled to the possession or receipt of the rent and profits of my Peplow and High Hatton estate or of the hereditaments or any other property which may by any means have become substituted for my Peplow and High Hatton estate or any part thereof and whether free from or subject to incumbrances then and in any such case and immediately upon the happening of any such event my Biddulph estates shall go and remain To the use of my said son William Sneyd Stanier his heirs and assigns for ever in the same manner as such Biddulph estates would have stood limited and settled to him and them by virtue of this my Will if such person were then dead without issue
I devise all my real estate including chattels real of or to which I shall at my death be seized or entitled or over which I may have a general power of appointment or disposition by Will and not hereby otherwise disposed of Unto and to the use of my said son Beville Stanier his heirs executors administrators and assigns respectively
I bequeath all the personal estate and effects whatsoever and wheresoever of or to which I shall be possessed or entitled at the time of my death or over which I may have a general power of appointment or disposition my Will and not hereby otherwise disposed of except chattels real subject to and after payment of my funeral and testamentary expenses and debts and the legacies sums of money and annuities bequeathed and any sums made payable out of my personal estate by this my Will or any codicil hereto and the duty on any legacies sums of money or annuities bequeathed free of duty to my said son Beville Stanier his executors administrators and assigns
I devise to my Executors their heirs and assigns all hereditaments of copyhold or customary tenure which may at my death be vested in me as a trustee or mortgages and of which I may be tenant on the Court Rolls of any Manor or Manors subject to the trusts or equities affecting the same respectively
I declare that all monies liable to be invested under this my Will may be invested in or upon any of the public stocks or funds or Government securities of the United Kingdom or India or any British Colony or Dependency or any Foreign Government or State or in or upon freehold copyhold or leasehold or chattel real securities in Great Britain but not in Ireland or on the security of any interest for a life or lives or determinationn on a life or lives or any other event in real or personal property in Great Britain but not in Ireland together with a Policy or Policies of Assurance on such life or lives or against such event or in or upon the bonds debentures debenture stock or rent charge guaranteed or preference stock or shares of any Company incorporated by Special Act or under any general Act of the Imperial Parliament or the Legislature of any British Colony or Dependancy or Royal Charter or in or upon the stocks funds debentures debenture stock mortgages obligations or securities of any public municipal or local body or authority in the United Kingdom or India or any British Colony or Dependancy or any foreign Country 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 hereinbefore authorised
And that any such investment on mortgage may be subject to any stipulation for the continuance of the loan for a term certain or may be made in conjunction with any other person or persons by way of conrtibutory (sic) mortgage to be taken in the joint names of the contributories to the loan or any of them or in the names of any persons not being less than three in number as trustees for such contributories or otherwise as my trustees may deem expedient
And I further declare that my trustees may lend or invest any monies liable to be invested under this my Will on any mortgage security the principal and interest of which shall be guaranteed by a Policy of any Company of good standing and repute and having amongst its objects the guaranteeing of money lent on mortgage and may upon any mortgage so guaranteed advance such amount up to the full amount guaranteed as they in their absolute and uncontrolled discretion may think fit without regard to the value of the property comprised in such mortgage and may also have any other investments forming part of my trust estates guaranteed by any Company of good standing and repute which is empowered in that behalf and may pay the premium or premiums for any such guarantee as aforesaid out of the income of the trust estate the investments whereof shall have been as guaranteed or in such other manner as they may think fit
Provided always and I declare that my trustees shall be respectively chargeable only for such monies stocks funds shares and securities as they shall respectively actually receive notwithstanding their respectively signing any receipt for the sake of conformity and shall be answerable and responsible only for their own acts receipts omissions neglects and defaults respectively and not for those of each other nor for any Banker Broker Auctioneer or other person with whom of into whose hands any trust moneys or securities shall be deposited or come nor for dispensing wholly or partially with the investigation or production of the lessor's title as to leaseholds nor nor otherwise accepting less than a marketable title on lending money on the security of any hereditaments nor for the insufficiency or deficiency of any stocks funds shares or securities nor for any other loss unless the same shall happen through their own wilful default respectively and also that the several trustees for the time being may reimburse themselves respectively or pay or discharge out of the respective trust premises all expenses incurred in or about the execution of the trusts or powers of this my Will
I authorise my trustees or a majority of them for the time being to determine what articles pass under a specific bequest contained in this my Will or any codicil hereto and whether any monies are to be considered as capital or income and how valuations are to be made or value determined for the purpose of any case of hotchpot or satisfaction or allotment or appropriation or otherwise and to blend trust funds and to apportion blended trust funds and to determine all questions and matters of doubt arising in the execution of the trusts of this my Will or any codicil hereto
And I declare that every such determination whether made upon a question actually raised or employed in the acts or processings of my trustees or a majority of them for the time being shall be conclusive and binding on the minority if any of my trustees for the time being and all persons interested under this my Will or any codicil hereto
I declare that my trustees may exercise or concur in exercising all powers and discretions hereby or by law given to them notwithstanding that they or any of them may have a direct or other personal interest in the mode or result of exercising any such power or discretion but any of my trustees shall nevertheless be at liberty to abstain from acting except as a merely formal party in any matter in which he may be so personally interested and to allow his co-trustees or co-trustee to act alone in the exercise of the powers and discretions aforesaid in relation to such matter
I declare that my executors or trustees shall not be bound in any case to act personally but shall be at full liberty to employ a Solicitor or any other Agent to transact all or any business of whatsoever nature required to be done in the premises including the receipt and payment of money and shall be entitled to be allowed and be paid all charges and expenses so incurred
And I further declare that the said Joseph Guy Knight and any other executor or trustee for the time being hereunder being a Solicitor or other person engaged in any profession or business shall be entitled to charge and be paid all usual professional or other charges for any business done by him or his firm in the premises whether in the ordinary course of his profession or business or not and although not of a nature requiring the employment of a Solicitor or other professional person
I declare that all the powers authorities and discretions hereby expressed to be vested in or given to my trustees by that or any other description shall be vested in and exercisable by the said trustees hereby appointed and the survivors or survivor of them or other the trustees or trustee for the time being of this my Will and that a sole trustee for the time being shall be competant to act for all the purposes of the said Settled Land Acts and the said section 42 of the Conveyancing and the law of property Act 1891 and this my Will including the receipt of capital money and of notices under the said Settled Lands Act
I declare that the power of appointing new trustees of this my Will shall be vested in my said wife and my said son Beville Stanier during their joint lives and the survivor of them during the life of such survivor

IN WITNESS I the said Francis Stanier have to this my last Will and Testament contained in sixteen sheets of paper set my hand that is to say at the foot of the fifteen preceding sheets and at the end of this last sheet hereof this fifteenth day of August one thousand eight hundrend and ninety nine - FRANCIS STANIER

SIGNED by the said Francis Stanier 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 subscribed our names as witnesses - JOHN T COULAM - JAMES EATON - Clerks to Messrs Knight & Sons Solicitors Newcastle Staffrs

First Codicil

THIS IS A CODICIL to the last Will and Testament of me FRANCIS STANIER of Peplow Hall in the County of Salop Esquire which Will bears date the fifteenth day of August one thousand eight hundred and ninety nine
I bequeath to my brother Thomas Stanier a legacy of four thousand pounds
And I bequeath to my brother Randle Baddeley Stanier a legacy of four thousand pounds such last mentioned legacy to be in addition to the legacy of one thousand pounds given to my said brother Randle Baddeley Stanier by my said Will
I direct and request my Executors to pay to various persons who shall be mentioned in a memorandum or paper writing signed by me and deposited with my Will or left among my papers at my death the sums of money set opposite their respective names
In all other respects I confirm my said Will

IN WITNESS whereof I have hereunto set my hand this ninth day of June one thousand nine hundred - FRANCIS STANIER

SIGNED by the said testator as and for a codicil to his last Will and Testament in the presence of us both being present at the same time and who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses - WILLIAM SNEYD STANIER Peplow Market Drayton Salop Gentleman - EDWARD JONES Peplow Hall Market Drayton Salop Butler

Second Codicil

THIS IS A SECOND CODICIL to the last Will and Testament of me FRANCIS STANIER of Peplow Hall Market Drayton in the County of Salop Esquire which Will bears date the fifteenth day of August 1899
I bequeath to my brother Thomas Stanier a sum of one thousand pounds in addition to the legacy of four thousand pounds I have given to him by the first codicil to my said Will which codicil is dated the ninth day of June 1900
I bequeath to my nephews Guy Stanier and Ernest Stanier sons of my said brother Thomas Stanier the sums of four thousand pounds each such sums to be in addition to the legacies of one thousand pounds given to each of my said nephews by my said Will
I bequeath the following legacies To my godchildren Mrs Oliver Warner Mrs Massey Kathleen Armitage E Akroyd and Reginald Gordon the sum of one hundred pounds each free of legacy duty
And I also bequeath the following legacies free of legacy duty
To my nephew Malcolm Graeme To my niece Millicent Graeme To my niece Mildred Graeme To my grandchildren Thomas Tyrwhitt Drake Francis Adolphus Hood Stanier Dulcie Constance Stanier Alexander Beville Gibbons Stanier Arthur Francis Fisher Francis Joyce Tyrwhitt Drake the sum of one hundred pounds each and to Miss Butler Miss Staberow now Mrs Hacke and to my Coachman Townsend the sum of one hundred pounds each and to my Butler Jones the sum of fifty pounds also free of legacy duty
I bequeath to the Executors of my said Will the sum of two thousand pounds Upon trust to apply the same as they shall in their absolute discretion think fit for the benefit of my son Frank Justice Stanier and I direct that my Executors may either apply the said sum to two thousand pounds in paying any debts now owing by my said son and may pay the balance (if any) after paying such debts to or for the benefit of my said son or they may if they shall think fit hold the said sum of two thousand pounds upon the same trusts and subject to the same powers and conditions as are by and in my said Will declared of and concerning the sum of fifty thousand pounds given by my said Will Upon trusts in favor of my said son Frank Justice Stanier his wife and child or children
In all other respects I confirm my said Will and the first codicil thereto
Dated this twenty fifth day of August one thousand nine hundred - FRANCIS STANIER SIGNED by the said Francis Stanier as and for a codicil to 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 subscribed our names as witnesses - ROBERT SAUNDBY 140B Great Charles St Birmingham - CHRIS F MACKENZIE 8 Bellfield Park Inverness

ON the 1st day of January 1901 Probate of this Will with two Codicils was granted to Beville Stanier George Gordon and Joseph Guy Knight the Executors.


Last modified by Alan Stanier on 27 November 1996