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Copy probate of the Will and Codicils of Duncan Shaw deceased.
Probate of the Will and Codicils of Duncan Shaw deceased.
Dated 8th day of October 1885.
I Duncan Shaw British Subject for some years past engaged in Spain as an agent of certain English Mining Companies and now stationed at Cordova in that Kingdom but residing at the time of making this my Will at the Charing Cross Hotel London and being and continuing of original English domicile do hereby revoke all Wills and testamentary dispositions here before made by me and declare this to be my last Will, I devise all the messuages lands tenements hereditaments and real estate of every tenure of or to which I shall at my death be seized or entitled or of which I shall at my death have power to dispose by Will (except what I otherwise dispose of by this my Will or any Codicil hereto) unto and to the use of William Cox of "Spurriers" Netteswell Cross in the County of Essex Esquire and John Hamilton of Tyne Court near Bridgewater in the County of Somerset Esquire their heirs executors and administrators respectively according to the tenure thereof respectively Upon Trust that the said William Cox and John Hamilton or the survivors of them or the heirs, executors or administrators respectively of such survivors shall when and as they may think fit sell the same either together or in parcels and either by public auction or private contract and may make any stipulations as to title or evidence or commencement of title or otherwise which they or he shall think fit and may buy in or rescind or vary any contract for sale and resell without being answerable for any loss occasioned thereby and may for the purpose aforesaid or any of them execute and do all such assurances and things as they or he shall think fit || I bequeath all the money securities for money goods chattels credits and personal estate of or to which I shall at my death have power to dispose by Will (except chattels real included in the devise hereinbefore contained of real state and except what else I otherwise dispose of by this my Will or any Codicil hereto) Unto the said William Cox and John Hamilton their executors and administrators upon trust that they the said William Cox and John Hamilton or the survivors of them or the executors or administrators of such survivor shall as soon as conveniently may be after my death call in sell and convert into money such parts thereof as shall not consist of money || and I hereby declare that the said William Cox and John Hamilton their heirs executors and administrators respectively shall stand possessed of the moneys to arise from the sale when sold of the said real estate herein before devised in trust for sale and from the calling in sale and conversion into money of such parts of the personal estate lastly hereinbefore bequeathed as shall not consist of money and of the ready money of which I shall be possessed at my death ||4 Upon trust that the said William Cox and John Hamilton or the survivors of them or the executors or administrators of such survivor (hereinafter called collectively "the Trustees or Trustee") shall there out pay my funeral and testamentary expenses and debts and the legacies (other than specific legacies) bequeathed by this my Will or any Codicil hereto ||5 and shall invest the residue of the same monies in the names or name of them the Trustees or Trustee in any of the Public Stock or Funds or Government Securities of the United Kingdom or India or any Colony or Dependency of the United Kingdom or upon freehold copyhold or leasehold or chattel real securities in England or Wales (with power to accept less than a marketable title and to waive investigations of any lessors title) or in or upon the stock funds or guaranteed or preference shares or the debentures mortgages or securities of any Corporate Company paying a dividend or Municipal body in the United Kingdom or India or any Colony or Dependency of the United Kingdom and may at any time vary or transpose such stocks funds shares and securities into or for others of the same or a like nature ||6 and shall pay or apply the whole of such part as the Trustees or Trustee shall think fit of the annual income of said stock funds shares and securities and until sale of the rent of the real estate (hereinafter called the Trust fund) such annual income being for the purpose of this Trust treated as a Common fund for or towards the maintenance and education of all my children or any my child who for the time being shall being sons or a son be under the age of twenty one years or being daughters or a daughter be under that age and not have been married And may either themselves or himself so pay or apply the same or may pay the same to the guardians or guardian for the time being of such children or child for the purpose aforesaid without seen to the application thereof And may make any such payment or application as aforesaid in England or if need be in Spain or elsewhere ||7 and subject to the Trust aforesaid shall pay the residue of annual income of the trust fund to my Wife Concepcion Shaw until her death or second marriage which ever shall first happen ||7a provided she shall within three calendar months after my death bring to England for the purpose of their being maintained and brought up as Protestants by my said Trustees or Trustee any children or child of mine who shall being sons or a son under the age of twenty one years or being daughters or a daughter under that age and not having been married ||7b Provided always that if at the time of my death my said Wife or any such children or child shall be out of England and my said Wife shall not within such three calendar months come into England to reside there but shall within that time cause or allow such children or child to be brought or to come into England to reside there for the purpose of such education as aforesaid || then and in such case the Trustees or Trustee (subject to the trust aforesaid) shall pay by or out of the annual income of the trust fund to my said Wife until her death or second marriage whichever shall first happen so far as such income shall year by year extend the yearly sum of One hundred pounds only by equal half yearly payments the first payment thereof to be made six calendar months after my death and I declare that the Trustees or Trustee shall pay the said annual income or yearly sum of One hundred pounds (according as either of them may become and be payable) to my said Wife for her separate use but so that she shall not have power to deprive herself of the benefit thereof by Mortgage charge or otherwise by anticipation ||7d Provided always and I hereby declare that if for any reason satisfactory to the Trustees or Trustee they or he shall by writing under their or his hands or hand consent to an extension of the said period of three calendar months in relation to my said Wife or any such children or child then such period of three calendar months shall be extended accordingly ||8 And I hereby declare that subject to all and singular the trusts hereinbefore declared the Trustees or Trustee shall stand possessed of the trust fund and the annual income thereof upon and for the trusts intents and purposes and subject to the provisions hereinafter expressed and contained (that is to say) In trust for all or any my children or child who being sons or a son shall attain the age of twenty one years or being daughters or a daughter attain that age or marry under that age and if more that one in equal shares ||9 Provided always and I hereby declare that it shall be lawful for the Trustees or Trustee to raise any parts or part not exceeding in the whole one half part of the then expectant or presumptive or vested share of any child and to pay or apply the same for his or her preferment advancement or benefit as the Trustees or Trustee shall think fit ||10 Provided always and I hereby declare that the Trustees or Trustee shall during the suspense of absolute vesting of the share of any child accumulate the residue (if any) of the annual income thereof in the way of compound interest by investing the same and the resulting income thereof in or upon any such stocks funds shares or securities as are hereinbefore mentioned for the benefit of the persons or person who under the trust herein contained shall become entitled to the principal fund from which the same respectively shall have proceeded and may resort to the accumulations of any preceding year or years and apply the same for or towards the maintenance or education of the child for the time being presumptively entitled to the same in the same manner as such accumulations might have been applied had they been income arising from the original trust fund in the year in which they shall be so applied ||11 And I hereby declare that if the trust fund and annual income of the same or any part thereof respectively shall fail to become vested under or by virtue of the trust or powers hereinbefore expressed and contained or any of them the Trustees or Trustee shall from and after such failure stand possessed of the trust fund or annual income of such part thereof respectively In trust during the life of my sister Mary Ann Poole wife of William Poole of number 102 Saint Paul's Road Camden Town to pay such annual income to my said sister and after her death In trust to pay the annual income to her daughters Christiana Poole and Mina Poole baptized as Guilliema Poole during their lives and after the death of the survivors of my said sister and her said two daughters || In trust as to the principal fund and income for my brother John Shaw absolutely || And I hereby declare than the aforesaid income shall be paid to my said sister and her two daughters for their separate use respectively but so that they shall not have power respectively to deprive themselves of the benefit thereof by Mortgage charge or otherwise by anticipation || Provided always and I hereby declare that it shall be lawful for the said William Cox and John Hamilton and the survivors of them and the heirs of such survivors before all the said premises hereinbefore devised in trust for sale shall be sold to demise all or any of the same premises for any term of years not exceeding twenty one years to take effect in possession so as there be reserved the best yearly rent or rents to be incident to the immediate reversion that can be reasonably gotten without taking anything in the nature of a fine or premium and so as there be contained in every such demise a condition of re-entry for nonpayment within a reasonable time to be therein specified of the rent or rents thereby reserved and so as the lessee or lessees do execute a counterpart thereof and do thereby covenant for the due payment of the rent or rents hereby reserved and be not made dispunishable for waste || Provided always and I hereby declare that it shall be lawful for the said William Cox and John Hamilton and the survivor of them and the heirs executors and administrators respectively of such survivor to defer and postpone the sale conversion and collection of the whole or any part or parts of my real and personal estate respectively so long as to such Trustees or Trustee shall in their or his uncontrolled discretion seem proper || but my real estate shall for the purpose of transmission be impressed with the quality of personalty from the time of my death || and I empower such Trustees or Trustee during such interval or postponement to manage and to let upon lease as hereinbefore authorized or from year to year or to cultivate and turn to profitable account my real and leasehold estate and to make out of the income or capital of my real and personal estate any outlay which such Trustees or trustee may consider proper for improvements repairs workings outgoings insurance calls on shares premiums on policies or otherwise for the benefit or in respect of my real or personal estate || And I declare that the net rents and profits or other income produced from every or any part of my real or personal estate previously to the conversion or collection thereof pursuant to the trusts hereinbefore declared shall be applied in the same manner in all respects as if the same where income proceeding from such investments as are hereinbefore directed or authorized and that the whole of the income produced from my estate (real or personal) in its actual condition or state of investment for the time being whether consisting of property or investments of an authorized or of an unauthorized description and whether of a permanent or a wasting character shall as well during the first year from my death as at all times afterwards be applicable as income under the trust of this my Will || no part thereof being in any event liable to be retained as corpus or capital but no reversion or other property not actually producing income which shall form part of my estate shall under the doctrine of constructive conversion or otherwise be treated as producing income or as entitling any party to the receipt of income || And I hereby declare that the receipt of the said William Cox and John Hamilton or the survivors of them or the heirs executors or administrators of such survivors for the purchase moneys of any property hereby directed or authorized to be sold and for any monies which may be paid and for any stocks funds shares or securities which may be transferred to them or him under or by virtue of this my Will or in the execution of any of the trusts or powers hereof shall effectually discharge the person or persons paying or transferring the same therefrom and from being bound to see to the application or being answerable for the loss or misapplication thereof || Provided always and I hereby declare my Will to be that if the said Trustees hereby constituted or any of them or any Trustee or Trustees appointed as hereinafter provided shall after my death die or be abroad or desire to be discharged or refuse or become incapable or unfit to act then and in every such case it shall be lawful for the surviving or continuing Trustee for the time being (and for this purpose every refusing or retiring Trustee shall if willing to act in the execution of this power be considered a continuing Trustee) as for the acting executors or executor administrators or administrator of the last surviving or continuing Trustee to appoint a new Trustee or new Trustees in the place of the Trustee or Trustees so dying or being abroad or desiring to be discharged or refusing or becoming incapable or unfit to act as aforesaid and upon every such appointment all the estates monies stocks funds shares and securities (if any) then vested in the Trustees or Trustee for the time being of in the heirs executors or administrators of the last surviving or continuing Trustee shall be so conveyed assigned and transferred that the same may be vested in the surviving or continuing Trustee jointly with such new Trustee or in such new Trustees solely as the case may require and every Trustee appointed as aforesaid may as well before and after the trust premises if any shall have been so vested act or assist in the execution of the trusts and powers of this my Will as fully and effectually to all intents and purposes as if I had hereby constituted him a Trustee || Provided always and I declare that the Trustees for the time being of this my Will shall be respectively chargeable only for such monies stocks funds shares and securities as they shall respectively actually receive notwithstanding their signing any receipt for the sake of conformity and shall be answerable and accountable only for their own acts receipts neglects and defaults respectively and not for those of each other nor for any Banker Broker or other person with whom or into whose hands any trust monies or securities may be deposited or come nor for the insufficiency or deficiency if any stocks funds shares or securities nor for any other loss unless the same shall happen through their own wilful default respectively || and also that the said Trustees or trustee for the time being may reimburse themselves or himself or pay and discharge out of the trust premises all expenses incurred in or about the execution of the trusts or powers of this my Will || And I hereby appoint the said William Cox and John Hamilton executors of this my Will || and authorize and empower the acting executors or executor for the time being of this my Will to pay and satisfy any debts owing or claimed to be owing by or from me or my estate and any liabilities to which I or my estate may be or may be alleged to be subject upon any evidence they or he shall think proper and to accept any composition or any security real or personal for any debt or debts owing to me or my estate || and to allow such time for the payment of any such debt or composition for a debt (either with or without taking security for the same) as to them or him shall seem reasonable || and also to compromise or compound or submit to arbitration and settle all debts accounts transactions matters and things which shall be owing or claimed to be owing from or to me or my estate or be depending or arise between me or my said executors or executor and any other person or persons and generally to act in relation to the premises in such manner as they or he shall thing expedient without being liable for any loss which may be thereby occasioned || And I hereby appoint the said William Cox and John Hamilton Guardians of my infant children during their respective minorities || In witness whereof I the said Duncan Shaw have to this and the six preceding sheets set my hand this twenty second day of October One thousand eight hundred and sixty nine _Duncan Shaw_ Signed and declare by the said Duncan Shaw 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 -William Neal Solicitor- Pinnirs hall Old Broad Street London -James Neal Solicitor- Pinnirs Hall Old Broad Street London.
This is a Codicil to my Will deposited at the "Union Bank of London" Princes Street London G. B. And whereas by the said Will I left a legacy of One hundred pounds sterling to my sister Mrs. Marian Poole of 102 Saint Paul's Road Camden Square I now by this Codicil revoke the same declaring the legacy aforesaid to be null and void And whereas the state of my Wife's mental health during the last five years has incapacitated her from attending to any domestic duty I hereby revoke and annul the dispositions made in the aforesaid Will as respecting her residence in Spain and the amount of income to be allowed her stated at One hundred pounds per annum and now dispose of as follows That my wife Mrs. Concepcion Shaw be removed to some National or Private Lunatic Asylum and that my executors pay an annual sum of Forty two pounds sterling for her maintenance – signed by me in Cordoba Spain this nineteenth day of November 1878 – Duncan Shaw Witnesses Fedco Barranes – Anthony Rouse –
This is a Codicil to my Will deposited in the Union Bank of London Princes Street Mansion House and whereas by the said Will the property I posses at my death is to be equally divided between my surviving children the same to be paid unto them as they each and severally attain to the age of twenty one years I revoke and annul such dispositions relating to the amount of money that may have to be received by my eldest son William George Shaw and dispose as follows: That from the proceeds obtained from my Life Policy the sum of One hundred and fifty pounds sterling be annually paid to the said my son William George Shaw for the purpose of maintaining and clothing him during his residence at Woolwich College until such time as he shall obtain his Commission in the Corps of Royal Engineers – the accumulated sums so paid annually to be ultimately deducted from that portion of the Estate that would belong to him But the said my executors will in no way curtail the studies of the said my son William George Shaw as represented by the One hundred and fifty pounds sterling per year to be paid to him until such time as he shall have successfully passed his different examinations notwithstanding that such sums might prove in themselves more than the said William George Shaw would have to receive as his portion of the Estate – signed by me in Cordoba Spain this thirtieth day of November 1878 – Duncan Shaw – Witnesses Fedco Barranes – William H. J. Pool
Codicil to my last Will and Testament that I Duncan Shaw at present residing in Cordoba Andalucía Spain do hereby appoint my eldest son William George Shaw residing for the present in Malaga as my Executor to act conjointly with William Cox Esquire of Spurriers, Essex, England in the place of John Hamilton Esquire deceased In witness whereof I have hereunto set my hand this thirtieth of June One thousand eight hundred and eighty three – Duncan Shaw – Witness Juan Garcia – Witness Alfonso Guerrero –
Extracted by H. J. V. Philpott
Solicitor Guildhall Chambers
The Principal registry
In her Majesty's High Court of Justice: - Be it know that at the date here under written the last Will and Testament with three Codicils (a copy whereof is hereunto annexed) of Duncan Shaw late of Cordova in Spain Mining Agent deceased who died on the 7th day of June at Cordova aforesaid was proved and registered in the principal registry of the probate Division of her Majesty's High Court of Justice and that Administration of the personal estate of the said deceased was granted by the aforesaid Court to William Cox the executor name in the said Will he having been first sworn well and faithfully to administer the same, power reserved of making the like grant to William George Shaw the son of the said deceased the executor named in the third Codicil.- And it is hereby certified that an Affidavit in the verification of the Account of the said Estate has been delivered duly stamped wherein it is shown that the gross value of the said estate amounts to £2161 – and no more.
Dated the 8th day of October 1885.
The affidavit tears a stamp of £42-
(signed) Edward F. Jenner Registrar