Will of Edward Desborough Man
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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.