WILLIAM SWINSCOW 1871

I William Swinscow of The Cedars Streatham Surrey Esquire make my last will as follows I appoint my dear wife Eliza Swinscow during her widowhood and my son William Swinscow my brother Richard Brown Swinscow, George Moore of Richmond Surrey Esquire, James Frankham Lee of Abchurch House Sherbourne Lane London Gentleman executors of this my will and appoint my said executrix and executors except my said son William Swinscow trustees of this my will. I bequeath a legacy of two hundred pounds to my said wife and I bequeath legacies of fifty pounds each to my sons William and Frederick and my daughter Sarah Elizabeth to purchase ? the last three legacies to be paid within one calendar month after my decease. I bequeath legacies of one hundred pounds each to my executors Richard Brown Swinscow, George Moore and James Frankham Lee as a small recompensation for their trouble in the execution of the trusts of this my last will. I bequeath to my said wife leasehold messauge with the appurtenances ? called Cedar Cottage but now known as The Cedars and all fixtures therein and all my household furniture plate linen glass china books wines liquors and all other household effects and also all ? jewellery and pictures belonging to me and my carriages and horses. I bequeath to my sons William and Frederick three thousand pounds each and I bequeath the sum of two thousand pounds to the trustees or trustee for the time being of this my will for ? to invest the same in the name or names of the said trustees or trustee in the public stocks or bank of the united kingdom or in the stock of the bank of England or in stock or bonds guaranteed by the secretary of state in ? for ? with power to the said trustees or trustee to alter vary or transpose said stock bank bonds or securities for others of the life ? as ? than require and I declare that the said trustees or trustee shall hold the said ? monies stocks bonds banks or securities upon trust to pay the ? thereof as from the time of my decease to my said daughter Sarah Elizabeth during her life for her sole and separate use free from the debts control and engagement of any husband with whom she may intermarry and so that her receipts whether she shall be covert or sole may be sufficient discharges for the same but so that she may not assign charge or dispose of the same or any part thereof by way of anticipation and from and after her decease then as well as to the capital as the income for trust for all and every her child or children who shall attain the age of twenty one years or bie under that age leaving lawful issue living at his her or their deaths or respective deaths to be equally divided between them if more than one as tenants in common and if there shall be but one such child then the whole for that one child provided always that it shall be lawful for the trustees or trustee for the time being of this my will from and after the death of my said daughter to apply all or any part of the income of the presumptive or contingent share or respective shares of her said child or children in or towards his her or their maintenance and education during his her or their minorities or respective minorities and the unapplied part thereof shall be invested and improved at interest and go in augmentation of the share or respective shares from which the same shall have arisen provided also that it shall be lawful for the said trustees or trustee from and after the decease of my said daughter or with her consent during her lifetime to apply any part not exceeding one third of the capital of the share or respective shares whether contingent or vested of the said child or children respectively for his her or their advancement or preferment in the world provided also that if there shall be no child of my said daughter who shall attain the age of twenty one years or bie under that age leaving lawful issue living at his or her death then ? to the trusts powers or provisions hereinbefore contained the said trust stocks bonds funds and securities and the income thereof shall be held in trust for my said sons William and Frederick in equal shares as tenants in common and their respective executors administrators and assigns. I give and devise my messuages and premises No 30 Old Bond Street and Nos 2 and 5 St James's Place Westminster with their respective ? and to the use of my said wife and the said Richard Brown Swinscow, George Moore and James Frankham Lee their heirs and assigns for ever upon trust to receive the trusts and profits thereof during the life or until the second marriage of my said wife and from and after her decease or second marriage then to receive such rents or profits or a competent part thereof during the life of my said daughter is she shall be living and out of the rents and profits of the said messuage and premises No 30 Old Bond Street to pay my said daughter during her life an annuity or clear yearly sums of one hundred pounds and out of the rent and profits of the said messuages and premises Nos2 and 5 St James's Place Westminster to pay to my said daughter during her life another annuity clear yearly sums of one hundred pounds such annuities to be paid free from all deductions whatsoever except the income or property tax and to be payable by equal quarterly payments in every year the first payment thereof respectively to be made at the expiration of three months next after my decease and a proportionate payment to be made in case of the death of my said daughter on any day not hereinafter appointed for the payment thereof respectively and such annuities to be for the sole and separate use of my said daughter and free from debts control and engagements of any husband with whom she may intermarry and so that her receipts whether she shall be covert or sole may be sufficient discharge for the same but so that she may not assign charge or dispose of the same or any part thereof by way of anticipation and subject to the said annuities to pay the residue or in case my said wife being still my widow shall survive my said daughter then the whole of the rents and profits of the said messuages and premises No 30 Old Bond Street and Nos 2 and 5 St James's Place Westminster to my said wife during her widowhood and from and after decease or second marriage of my said wife and subject to and charges with the said annuities in favour of my said daughter is she shall be still living and the trusts hereinbefore declared for securing the same respectively then as to the said messuage and premises No 30 Old Bond Street in trust for my son William his heirs and assigns and as to the said messuage and premises Nos 2 and 5 St James's Place Westminster in trust for my said son Frederick his heirs and assigns. And from and after the decease or second marriage of my said wife and also the decease of my said daughter and the payment or satisfaction of all arrears of the said annuities of one hundred pounds each so charged on the said messuages and premises No 30 Old Bond Street and Nos 2 and 5 St James's Place Westminster respectively as aforesaid and all costs charge and expenses of or incident to the execution of the trusts hereinbefore in declared concerning the said messuage and premises then upon trust to convey and ? the said messuage and premises No 30 Old Bond Street unto and to the use of my said son William his heirs and assigns for ever and the said messuage and premises Nos 2 and 5 St James's Place Westminster unto and to the use of my said son Frederick his heirs and assigns for ever. I devise and bequeath all estates which at the time of my decease shall or may be vested in me upon any trust or by way of mortgage to the said Richard Brown Swinscow George Moore and James Frankham Lee their heirs executors administrators and assigns to be held upon the trusts and subject to the equities of ? affording the same respectively but the ? due upon every such mortgage to be considered as part of my general personal estate herein disposed of And as to all the residue and remainder of my real and personal estate not hereinbefore specifically disposed of I give devise and bequeath the same unto and to the use of my said wife and the said Richard Brown Swinscow George Moore and James Frankham Lee their heirs executors administrators and assigns upon trust as soon as conveniently may be after my decease to sell or dispose and convert into money all such parts thereof as shall ? be in their nature saleable or convertible but with power nevertheless to the trustees or trustee for the time being of this my will to postpone the sale or conversion of any part or parts thereof for such time or times as they he or she may think expedient and to collect receive and get in all other my residuary estate and effects and ? power to the trustees or trustee for the time being of this my will to sell by public auction or private contract and buy in at any auction and to rescind alter or vary any contract and to resell without being liable for any loss thereby occasioned and with full power also to the said trustees or trustee for the time being to make do and execute all such acts deeds matters and things as shall or may be necessary or proper for carrying any such sale or sales into effect and to give effectual receipts in writing for the purchase or other moneys payable to their him or her under or by virtue of this my will and which receipts shall effectually discharge the person or persons paying such moneys from all responsibility as to the application thereof and I direct that the trustees or trustee for the time being of this my will shall stand possessed of the monies to arise from such sale or sales as aforesaid or to be collected or received and got in as aforesaid and all other residuary estate and the proceeds thereof upon trust thereout to pay or satisfy all my just debts including mortgage debts if any funeral and testamentary expenses and the costs charges and expenses of and incident to such sale or sales as aforesaid or otherwise incurred in or about the execution of the trusts or purposes aforesaid and to pay or satisfy the pecuniary legacies given by this my will or to set apart and appropriate a sufficient sum or sums for answering or satisfying the same respectively and upon further trust to layout or invest the residue or surplus of the said monies and other residuary estate or the proceeds thereof which shall remain after answering the purposes aforesaid in the names or name of the trustees or trustee for the time being of this my will in the public stocks or funds of the United Kingdom or in the stocks of the Bank of England or upon mortgage of freehold copyhold or long leasehold property in England such leasehold property being held for a term or terms of which sixty years at the least shall be unexpired at the sale of such mortgage or in East India stock of any description or stock or bonds guaranteed by the Secretary of State in Council for India with full power for the said trustees or trustee for the time being at their his or her direction to vary such investments as occasion may require and I declare that the said trustees or trustee shall hold my said residuary estate and the investments thereof upon trust to pay the income thereof unto my said wife during her widowhood and from and after her decease or second marriage then upon trust thereout to raise and pay my said son Frederick his executors administrators or assigns the sum of one thousand pounds my reason for giving him that sum being that I estimate the value of the said houses and premises Nos 2 and 5 St James Place as being less by that amount than the value of the said house and premises No 30 Old Bond Street and to pay assign or transfer the rest of my said residuary estate and the investments thereof unto and between my said two sons William and Frederick in equal shares as tenants in common or their respective executors administrators assigns and I declare that it shall be lawful for the trustees or trustee for the time being of this my will to divide or leave any real or leased lands and tenements which for the time being shall be subject to the trusts of this my will to any person or persons for any term or terms of years at such rent or rents and ? upon such conditions and in such manner as they or he may think fit and I empower the trustees or trustee for the time being of this my will in the execution of the trusts aforesaid to compound for or allow such time or accept such security real or personal for any moneys which may be due and owing to me at my decease or accept such security real or personal as by them him or her shall be deemed expedient and also to refer to arbitration or otherwise adjust any question or dispute that may arise in relation thereto or in relation to any debt that may be due and owing or caused to be due and owing to or by me or in relation to any other part of my estate and I further declare that in case any or either of the trustees hereby appointed or to be hereafter appointed under this provision shall die or go to reside abroad or desire to be discharged from or refuse or decline or become incapable to act in the trusts aforesaid before the same shall be fully performed or in the case of my said wife if she shall marry again then and in any or either of such cases it shall be lawful for the surviving or remaining or acting trustees or trustee for the time being or if there shall be none such then for the retiring trustee or trustees or the executors or administrators of the last surviving or ? acting trustee as the case may require to appoint any person or persons to supply the place or places of the person or persons so dying going to reside abroad desiring to be discharged refusing declining or becoming incapable to act as aforesaid and immediately after every such appointment the trust estate and premises shall be conveyed or assigned so as to vest in the new trustees or trustee jointly with the surviving or continuing trustees or trustee or solely as the case may require upon the trusts hereinbefore declared ? the same respectively or such of them as may be then subsisting or liable of taking effect and no trustee shall be responsible for any loss in or about the execution of the trusts aforesaid unless occasioned by his or her own willful neglect or default and every trustee shall be allowed out of the trust all his or her costs and expenses properly inputted in or about the execution of the trusts aforesaid or in any ? relating thereto including in the case of any and every trustee or executor who is or may be an attourney or solicitor not only his costs out of pocket but also his fair and reasonable professional fees and charges for any business transacted by him in relation to the said trust or executorship any rule of law or equity to the contrary not withstanding Lastly I hereby revoke all wills and testamentary instruments by me at any time heretobefore executed and I declare this to be my last will and testament In witness whereof I the said William Swinscow the testator have to this my last will and testament contained in this and the six preceding sheets of paper set my hand this twenty fourth day of June One thousand eight hundred and sixty seven - William Swinscow - signed and acknowledged by the said William Swinscow the testator as for his last will and testament in the presence of us who being present at the same time have hereunto subscribed our names as witnesses John Parsons solicitor Abchurch House Sherborne Lane London Edwin Randall clerk to Messrs Parson and Lee Solrs Abchurch House Sherborne Lane London Proved London 25th Nov 1871 by the oaths of William Swinscow the son Richard Brown Swinscow the brother and James Frankham Lee three of the surviving executors to whom was granted ? was ? George Moore the other surviving executor having ? the probate and execution of the will