CHARLES SWINSCOE 1880

This is the last Will and Testament of me Charles Swinscoe of the Town of Nottingham Licenced Victualler I hereby revoke all former Wills and Testatmentary dispositions made by me I appoint Richard Howell of Charlestone Street in the Town of Nottingham Cabinet Maker and William Albert Brown of the Town of Nottingham Wine and Spirit Merchant (hereinafter called "my Trustees") to be the Executors and Trustees of this my Will I declare that all trusts and powers hereinafter reposed and vested in my Trustees shall or may be exercised by the survivors or survivor of them or the heirs executors or administrators of such survivor or other the Trustees or Trustee for the time being of this my Will I appoint my Wife Harriett Swinscoe during her life and after her death my Trustees or the survivors or survivor of them to be the Guardian or Guardians of my Infant Children I bequeath to my Son Charles Walter Swinscoe the Legacy or sum of Fifty pounds And to my Daughter Elizabeth Ann Swinscoe the Legacy or sum of Fifty pounds for her sole and separate use and benefit I devise and bequeath All my Real and personal Estate unto my Trustees upon trust that my Trustees shall (subject to the directions hereinafter contained with respect to my business of a Licenced Victualler) sell call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the moneys produced by such sale calling in and conversion and with and out of such part of my personal Estate as shall consist of money pay my funeral and testamentary expenses and debts and the Legacies bequeathed by this my Will or any Codicil hereto and shall with the consent in writing of my said Wife during her life is she shall so long continue my Widow and after her decease or second marriage at the discretion of my Trustees invest the residue of the said moneys with power for my Trustees from time to time with such consent or at such discretion as aforesaid to vary such investments And shall stand possessed of the said residuary trust moneys and the investments for the time being representing the same (hereinafter called the residuary trust fund) Upon the trusts following (that is to say) In trust to pay the income thereof to my said Wife during her life or for so long as she shall continue my Widow And from and after her decease or marrying again In trust for my Children Florence May Stalker Swinscoe Herbert Charles Stalker Swinscoe and Samuel Henry Swinscoe in equal shares and as to the share of my said Daughter Florence May Stalker Swinscoe for her sole and separate use and benefit And with respect to my business of a Licenced Victualler now carried on by me at Nottingham aforesaid I empower my Trustees to adjust and settle all accounts and transactions relating to the said business and to wind up the affairs and concerns thereof with power for my Trustees to refer to arbitration or otherwise to compromise or settle any question that my arise in or about the winding up of the said concern in such manner as they may think fit and generally to do and execute all such acts and things in relation to the premises as may appear to them neccessary or expedient without being answerable for any loss which may arise thereby And I authorise my Trustees if they shall in their discretion think fit to permit the whole or any part of the amount which on taking the accounts shall appear to be due to my estate from my said business to remain in the said business as a loan to my said Wife during her Widowhood if she shall be desirous of carrying on the same business but so that the repayment thereof with interest after the rate of Five pounds per centium per annum shall be secured by the Bond of my said Wife without any other security for the same And (subject to the provisions hereinbefore contained as to the said business) I empower my Trustees to postpone the sale and conversion of my Real and personal Estate or any part thereof for so long as they shall think fit And I direct that the net rents and income of my Real and Personal Estate which shall for the time being remain unsold and unconverted (including the interest of any Capital left in the said business as aforesaid) shall after payment thereout of all incidental expenses and outgoings is paid and applied to the person or persons and in the manner to whom nad in which the income of the moneys produced by such sale and conversion would for the time being be payable or applicable under this my will if each sale and conversion had being actually made And I declare that my Trustees may let any ? for the time being remaining unsold either from year to year or for any term of years at such rents and subject to such ? as they shall think fit and may accept surrenders of leases and tenancies and generally may manage the same in such manner as they shall think fit And I declare that all monies liable to be invested under this my will may be invested in or upon any stocks funds or securities authorized by law as investments for trust funds And in lending money on any mortgage security my Trustees may accept whatever title or evidence of title shall appear to them sufficient and in particular maybe the case of lease hold securities waive the production of the lessers title without being answerable for any loss arising thereby And my Trustees may release any part of the property comprised in any mortgage security if satisfied that the remaining property is a sufficient security for the money owing theron And I also declare that the power of appointing new Trustees conferred by statute shall for the purposes of this my will be vested in my said wife during her life and upon any appointment under the said statutory power the number of Trustees may be altered provided that it be not reduced below two I divise all estates vested in me as a Trustee or mortgage undo my Trustees subject to the trust and equities affecting the same respectively but so that the money secured by any mortgage shall form part of my personal estate In witness whereof I have to each sheet of this my will contained in three sheets of paper set my hand this twenty first day of NOvember in the year of our Lord one thousand eight hundred and seventy seven

Signed by the said Charles Swinscoe the Testator as and in his last will and testament in the presence of us foresaid 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

G Stafford Solicitor Nottingham

J E Allen his Clerk

Proved at Nottingham on the 5th day of March 1880 by the Oaths of Richard William (in the will written Richard) Howell and William Allen Brown the Executors named in the said Will to whom Admon was granted