RICHARD BROWN SWINSCOW 1877

This is the last Will and Testament of me Richard Brown Swinscow of Hatfield Street Blackfriars in the County of Surrey Hat Manufacturer I give and bequeath unto my dear wife Ann Swinscow the sum of three thousand pounds which I direct to be paid to her as soon as conveniently may be after my decease And I give unto her all the household furniture plate linen wines liquors housekeeping provisions trinkets and books (except such as may relate to my business) of which I shall be possessed at the time of my decease and also my carriage and horses And I give unto my brother William Swinscow and my friend Alexander Ross of No 2 Lancaster Road Kensington Park in the County of Middlesex Esquire the sum of nineteen pounds nineteen shillings each and as to all the Residue of my personal estate and all my real estate (if any) at my decease I give devise and bequeath the same unto my said brother William Swinscow and the said Alexander Ross ther heirs executors administrators and assigns upon the trusts following (that is to say) upon trust that they my said trustees or the survivor of them or the heirs executors or adminstrators of such survivor or other the trustees or trustee for the time being of this my Will do and shall as soon as conveniently may be after my decease sell and absolutely dispose of all my real and leasehold estates wither together or in parcels and either by public auction or private contract or partly by each such mode and subject to such special or other conditions as they or he shall think fit with power to rescind modify or abandon any contract for the sale of the said trust premises or any part thereof and to postpone any such sale or sales and at any auction to buy in the premises put up for sale thereat or any part thereof and to fix reserved biddings and to resell as aforesaid the parcels so bought in or comprised in any contract so rescinded without being liable for any loss occasioned thereby and for the purposes aforesaid to enter into make and excecute all such contracts deeds conveyances assignments and assurances as they or he shall think necessary or proper and upon trust to collect get in and convert into money so much and such parts of my other Personal Estate as shall not consist of money or stocks funds or securities of the nature hereinafter mentioned and it is my Will and I direct that the trustees or trustee for the time being of this my Will shall stand possessed of the monies arising from the sale collection receipt and getting in of my said real and residuary personal estate and effects or otherwise under of by virtue of this my Will upon trust by with or out of the same monies respectively to pay or satisfy and retain all my debts and funeral testamentary expenses and all expenses incidend to the trusts hereby created and upon trust to lay out and invest the surplus of the same monies in the names or name of my said trustees or trustee in or upon public stocks or funds or other Government securities of the United Kingdom or on mortgage of freehold copyhold or leasehold messuages lands or tenements in England or Wales (but not in Ireland) with power for my said trustees or trustee at their or his pleasure to vary and transpose as wll the stocks funds and securities wherein such investment shall be made as the stocks funds and securities which may at my decease compose part of my residuary estate from time to time as often as occasion shall require or as shall be found expedient and as to all and singular the said trust monies stocks funds and securities I direct and declare that the said trustee or the survivor of them or the exectutors or administrators of such survivor shall stand possessed thereof upon the trusts following (that is to say) upon trust from time to time to pay all the dividends interst and annual produce arising there from unto my said wife or permit or empower her to receive the same during the term of her natural life but so that in the event of her marrying again the same shall be for her separate use independent of and free from the debs control of interference of any husband with shom she may intermarry and so that she shall have no power to alien or anticipate the growing payments thereof and I declare that the receipts of my said wife alone shall be good and sufficient discharges to my said trustees or trustee for the said dividends interest and annual produce and it is my Will and I declare that subject the provisions herein before made for my said wife my siad trustees or trustee shall stand and be possessed of the whole of the said trust monies stocks funds and investments and the dividends and annual produce thereof in trust for all my children born and to be born who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or be married which shall first happen for the absolute benefit of such children respectively and to be equally divided between such children if more than one and to be respectively vested in them at the several ages or periods aforesaid (but without having prejudice to the provision hereinbefore made for my said wife) provided always and I hereby declare that in case at the time of the decease of my said wife any of my sons shall be under the age of twenty one years or any of my daughters shall be under the age of twenty one years and unmarried then I direct that my trustees for the time being shall pay and apply the dividends interest and annual produce arising from the expectant or presumptive share or shares of such child or children under the trusts aforesaid or such part thereof as my said trustees or trustee shall think proper in or towards the maintenance and education or otherwise for the benefit of such child or children respectively until they respecively shall acquire vested interests in the said trust premises or their respective shares thereof under the trusts aforesaid and the unapplied residue of such dividends interest and annual produce shall be added to the capital of the share or respective shares whence the same shall have arisen subject neverthteless to be afterwards applied in or towards the maintenance of the child or children respectively from whose presumptive share or shares the same shall have arisen if my said trustees or trustee shall think necessary or proper so to apply the saem provided also and I further declare that it shall be lawful for my said trustees or trustee for teh time being with the consent in writing of my said wife during her life and after her decease at their of his own discretion to apply the whole or any part of the principal of the shares or presumptive shares of any child or children of mine in the said trust funds and premises either before or after the periods of the vesting of such shares respectively under the trusts aforesaid in or towards placing out or establishing such child or children to or in some profession or business or otherwise for his her or their advancement or preferment in life in such manner as my said trustees or trustee shall think proper provided also and it is my Will that in case my said brother William Swinscow and the said Alexander Ross or either of them shall die in my lifetime or shall at my decease renounce the trusts of this my Will or in case the said William Swinscow and Alexander Ross or either of them or the trustees or trustee to be appointed under the present provision shall afterwards die or become unable or unwilling to act in the trusts of this my Will before the same shall be fully executed and performed then and in any such case and so often as the same shall happen it shall be lawful for the surviving or continuing trustee for the time being under this my Will (with the consent in writing of my said wife and after her decease then in the discretion of such surviving or continuing trustee or if there be no such last mentioned trustee then for the executors or administrators of the last deceased trustee (with such consent or in such discretion as aforesaid) to appoint any fit person or persons to supply the place or places of the trustee or trustees so dying or becoming unable or unwilling to act as aforesaid and immediately after every such appointment the said trust estate stocks funds and securities shall be conveyed assigned and transferred at the cost of my trust estate in such manner that the same may vest in the new trustee or trustees jointly with the surviving or continuing trustee or in such new trustee or trustees solely as the case may require subject to teh trusts aforesaid and such new trustee or trustees shall have and may exercise as well before and after such conveyance and transfer as aforesaid all the powers and authorities whatsoever herein contained in the same manner to all intents and purposes as if he or they had been appointed a trustee or trustees by this my Will provided also that the said trustees of this my Will hereby appointed and the trustees to be appointed by virtue of teh provision lastly hereinbefore contained severally and respectively and thier several and respecitve heirs executors and administrators shall be charged and chargeable with such monies only as they shall respectively actually receive notwithstanding their joining inor signing any receipt or receipts or doing any other act for the sake of conformity and they or any of them shall not be answerable or accountable for any involuntary loss or misfortune or damage which my happen in the execution of the trusts herein contained provided also and I further declare that receipt in writing of the trustees or trustee for the time being of this my Will shall be a good and effectual release and discharge for such sum or sums of money payable to them or him under or by virtue of this my Will as in such receipt shall be expressed to be received and the person or persons paying such sum or sums of money shall be exonerated from all responsibility in respect of the application thereof and further that it shall be lawful for the said trustees hereinbefore appointed and such future trustee or trustees to be appointed as aforesaid severally and respectively and their several and respective heirs executors and administrators by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to deduct retain to amd reimburse themselves respectively and also to allow each other all costs charges and expenses and fees to Counsel for advice which they or any of them may sustain disburse or incur in or about the execution of the foresaid trusts or in relation thereto and I give and devise unto the said William Swinscow and Alexander Ross their heirs and assigns all estates vested in my by way of mortgage or upon any trusts subject to such equity of redemption and upon such trusts respectively as the same shall be subject to at the time of my decease and I hereby nominate and appoint my said wife and my said brother William Swinscow and the said Alexander Ross Executrix and Executors of ths my Will and Guardians of such of my children as at the time of my decease shall be under the age of twenty one years and unmarried In witness whereof I the said Richard Brown Swinscow the Testator have to each of the five sheets of this my Will set my hand this twentieth day of November in the year of our Lord one thousand eight hundred and sixty Signed by the said Richard Brown Swinscow in the presence of us both being present a the same time and who at his request and in his presence and in the presence of each other hereunto subscribe our names as witnesses attesting the same

Richd Dawes Angel Court Throgmorton St London

John Milward Clerk to Messrs Dawes & Sons Solicitors Angel Court Throgmorton Street London

Proved at London 22nd February 1877 by the oath of Ann Swinscow Widow the Relict one of the surviving Executors to whom Admon was granted Alexander Ross the other surviving Executor having renounced the Probate and Execution of the Will