This is
the Last
Will and
Testament
of me Edward
Desborough Man of 7 Mincing Lane in the City of London, Colonial Broker, now residing
at 72 Marina, Saint Leonards on Sea in the County of Sussex.
I revoke all other Wills or testamentary dispositions heretofore made by
me and declare this to be my last Will and testament.
I appoint Ernest George Hill and my nephew John Kirkness, both of 7
Mincing Lane, aforesaid Colonial Brokers, Executors and trustees of this my Will. I give and bequeath to my daughter Mary Louisa Awdry, wife of Vere Awdry, free of legacy duty, all plate, linen, clothes, watches, jewellery, books, pictures and other household effects belonging to me at my decease to be either retained by her for her own use and benefit or to be sold or divided between herself and others as she may think fit. I also give and bequeath the following pecuniary legacies, namely: to my
said daughter One hundred pounds; to my daughter-in-law Sarah Fanny Man, the
widow of my late son James Henry Man, one hundred and fifty pounds; and to each
of my Executors who shall prove my Will twenty five pounds; all the said
legacies to be respectively free of duty. I give, devise and bequeath unto and to the use of the said Ernest
George Hill and John Kirkness, their heirs, executors, administrators and
assigns all the real estate and the residue of the personal estate of whatsoever
kind and wheresoever situate which may belong to me at the time of my decease or
over which I shall have a power of appointment by Will.
Upon trust as soon as conveniently may be after my decease to sell and
dispose of such parts thereof as shall not consist of money at such time and in
such manner as my trustees or trustee for the time being shall in their
discretion think fit. But with regard to such part of my estate as shall at the time of my
decease be invested in the partnership business carried on by the Firm of
“E.D. and F. Man” of No. 7 Mincing Lane, aforesaid, (in which I am now a
partner) or due to me from any continuing member or members of such firm - I direct and empower my acting executors or executor or trustees or
trustee to wind up my own interest in such partnership and to ascertain and
agree the extent of such interest and the amount of the monies due to me from
the partnership if and so far as the same shall be undefined or disputed and to
enter into any arrangement or agreement with reference thereto either with any
continuing member or members of the firm or otherwise and either in continuation
of or substitution for any arrangement or agreement subsisting at my decease or
otherwise and from time to time to vary any such arrangement or agreement and
generally (in addition to the powers by law given to Executors) to adjust and
settle at their or his uncontrolled discretion with the continuing members of
the firm all questions relative to my rights and liabilities in respect of the
partnership business upon such terms in every respect as my acting executors or
executor may think expedient and so that they or he shall not be liable for any
loss occasioned thereby. And in
case such continuing members or member of my said firm shall desire temporarily
to retain the balance (after payment of so much thereof as next hereinafter
mentioned) of the principal money due to me at my decease I direct that the
acting executors or executor and trustees or trustee of this my Will shall be
empowered to permit such balance to be retained at interest on the personal
security of such continuing members or member at the rate of five pounds per
cent per annum on the terms and for the period following, that is to say, First my brother and partner, Frederick Man, shall forthwith on the
application of my acting Executors or Executor (and which application I direct
to be made as soon as conveniently may be after my decease) either at the
discretion of my Executors or Executor hand over to such Executors or Executor
the policy of assurance effected upon the joint lives of myself and my said
brother Frederick Man for the sum of Five thousand pounds in the London Life
Association, dated the twenty first day of September, One thousand eight hundred
and sixty six, and numbered 9916, and at his own expense himself do and execute
(and if necessary procure any other person or persons to do and execute) all
such assurances and things as shall be requisite for enabling my Executors or
Executor to obtain payment of the whole monies secured by such policy when and
as soon as the same shall become payable or shall (if requested by my executors
or executor so to do) himself forthwith receive from the Association and hand to
my Executors or Eexecutor the whole of such monies.
And I direct and declare that notwithstanding any right or claim which I
may have to a moiety or other part of such policy monies by reason of part
payments of premiums the whole of the monies received from such policy by my
executors or executive shall be treated as paid by the continuing partners or
partner of my said firm and shall be taken in part discharge of the monies due
to me from my said firm. Secondly, such continuing partners or partner shall on the application
of my executors or executor to be made from time to time as occasion shall arise
provide my said executors or executor with such monies as shall be required and
applied for by them or him for the purpose of paying my just debts other than
debts due in respect of my partnership business, my funeral and testamentary
expenses (including the costs and charges incurred by my Executors), and the
several pecuniary legacies herein before mentioned but so that the debts
required to be provided for shall not include any mortgage debts due from me if
any such there be. And I direct and
declare that the monies so provided shall at the option of my said firm either
be repaid by my said Executors with interest at five pounds per cent per annum
out of any funds coming to their hands available for that purpose or be taken by
my said Executors in part discharge of the first or other instalments of the
monies due to me from such continuing partners or partner. Thirdly, as soon as the ultimate balance of the monies due to my estate
from the continuing members or member of my said firm shall have been
ascertained by deduction from the original amount of the particulars
hereinbefore provided (and which balance I direct to be ascertained as
conveniently may be a joins and several bond in such form as my acting Executors
or Executor shall approve) shall be executed by the continuing members of the
said firm and handed to my executors or executor or trustees or trustee securing
the payments of my said executors or trustees of such ultimate balance as
aforesaid by four equal annual instalments the first of such instalments to be
payable one year after my decease together with interest payable half yearly
thereon or on so much thereon as shall from time to time remain unpaid at the
rate of five pounds per cent per annum. And after payment of my just debts and funeral and testamentary expenses
and the legacies herein before mentioned and subject to the limited power of
retainer of such portion of my estate as aforesaid by the continuing members of
my partnership firm as I have hereby directed to be exercisable by them, I
direct my trustees or trustee to divide the residue of my estate into two equal
parts and to lay out and invest one of such parts in their or his names or name
in or upon any stocks, funds or securities of or guaranteed by the Government of
the United Kingdom or upon real security in England or Wales but not in Ireland.
And to pay the income thereof to my daughter for her life and subject
thereto to pay or transfer the capital and the stocks, funds or securities upon
which the same shall then be invested to such persons and in such proportions as
my said daughter shall by Will appoint and in default of appointment upon trust
to pay the income thereof to her husband Vere Awdry for life and after his
decease to pay or transfer the said capital unto the child if only one or all
the children equally if more than one of my said daughter who being sons or a
son shall attain the age of 21 years or being a daughter or daughters shall
attain that age or previously marry. And
with power for my trustees or trustee (at the request of my said daughter during
her life) to pay or apply any part not exceeding together one half of the
capital of the share to which any child shall be presumptively or otherwise
entitled for the advancement in life or benefit of such child of my said
daughter at such time or times and in such manner and proportions as my said
daughter shall think fit. And if my
said daughter shall not leave any child her surviving who shall live to attain a
vested interest in the said trust premises then (subject to the power of
appointment hereinbefore mentioned & to the life interest of the said Vere
Awdry) I direct that the said moiety of the residue of my estate shall be held
by my trustees upon the trusts hereinafter declared concerning the other moiety
thereof. And I direct my
trustees or trustee to lay out and invest in manner aforesaid the other moiety
of the residue of my estate. And to
pay the income thereof to the said Sarah Fanny Man for her life and subject
thereto to pay or transfer the capital and the stocks, funds and securities upon
which the same shall then be invested. Upon the like trusts in favour of the
children of my said late son as are hereinbefore declared in favour of the
children of my said daughter in case of her death without having excercised the
power of appointment by Will hereinbefore given to her except that any
advancements made to any children of my said late son shall be at such times and
in such manner and proportions as my said trustees or trustee shall think fit.
And if no child of my late said son shall survive me who shall live to
attain in the vested trust premises then subject to the life estate of the said
Sarah Fanny Man therein I direct that the said last mentioned moiety shall be
held by my trustees. Upon the trusts herein- before declared concerning the
moiety hereinbefore bequeathed to or in favour of my said daughter and her
children. In witness whereof I have
to this and the four preceding sheets of paper set my hand this eighth day of
December One thousand eight hundred and ninety one. __
Edward D. Man __
Signed and declared by the said Edward Desborough Man the testator as and for his last Will and testament in the presence of us who in his presence at his request and in the presence of each other (all being present at the same time) have hereunto subscribed our names as witnesses. __ Mary A. Desborough, Spinster, 72 Marina, St. Leonards on Sea – Edgar Duke, 59 Sevensey Road, St. Leonards on Sea , Surgeon.On the 13th day of October 1893 Probate of this Will was granted to Ernst George Hill and John Kirkness the executors. |