Mrs Thomas Andrews (Last will and testament)

Helen Reilly Harland

EXTRACTED FROM THE PRINCIPAL PROBATE
REGISTRY OF THE HIGH COURT OF JUSTICE

I, Helen Reilly Harland, the wife of Henry Peirson
Harland of Utterspool, Aldenham in the County of
Hertford Esquire hereby revoke every testamentary
disposition heretofore made by me and declare this to
be my Will.

1. I appoint my husband (the said Henry Peirson
Harland) and the Midland Bank Executor and Trustee
Company Limited to be the executors and Trustees of
this my Will and the expression my Trustees used in
this my Will or any Codicil hereto means the Trustees
or Trustee for the time being of this my Will whether
original or substituted.

2. I direct that the legacies and benefits given by
clauses 3,4,and 5 of this my Will and by this present
clause shall be free from all death duties payable on
or by reason of my own death and from any acceptance
fees of the said Company and that such duties and fees
in respect thereof and also all death duties payable
on or by reason of my death in respect of any funds or
property settled by any of the four Deeds of
Settlement dated the Sixth day of April, One Thousand
Nine Hundred and Thirty Six which are referred to in
clause 4 shall be paid out of my residuary estate as
part of my testamentary expenses in exoneration of the
persons or property who or which would or might
otherwise be liable for payment thereof respectively.

3. I give to my husband absolutely ALL my personal
chattels as defined by Section 55 (1) (x) of the
Administration of Estates Act 1925 and without
creating any trust or legal obligation I request him
to dispose of any of the said chattels in accordance
with any relevant memorandum signed by me which may be
deposited with this my Will or found among my papers
after my death.

4. I give to my trustees the sum of Twenty thousand
pounds with interest thereon at the rate of Four per
centum per annum from my death until the payment or
satisfaction thereof and I direct my trustees to
invest the said sum in manner hereinafter mentioned
and to hold such sum and the investments for the time
being representing the same upon trust to pay the
interest and income thereof to my husband during his
life and subject thereto in trust as to both capital
and income for my issue per stirpes who shall be
living at the death of the survivor of myself and my
husband and who being male attain the age of
Twenty-one years or being female attain that age or
marry and if more than one in equal shares per stirpes
but so that in the case of each of my four children by
my second marriage who shall be living at such death
the share or interest of such child in the capital of
the trust promises under the last foregoing trust
shall be paid or transferred to the Trustees or
Trustee for the time being of the Deed of Settlement
for the benefit of such child and his or her issue
dated the sixth day of April One Thousand Nine Hundred
and Thirty Six and made between myself of the one part
and the said Company and William Gordon of the other
part and shall be held by such Trustees of Trustee by
way of addition to and upon with and subject to the
same trusts powers and provisions as the property or
trust fund settled by that Deed.

5. If my eldest daughter Elizabeth Law Barbour Andrews
shall survive me I give to the Trustees or Trustee for
the time being of the the Indenture of Settlement for
her benefit dated the Thirtieth day of June, One
Thousand Nine Hundred and Nineteen and made between
myself of the one part and John Milne Barbour and
James Andrews of the other part all my interest under
the ultimate trust of that Indenture in the funds and
property thereby settled and I direct such Trustees or
Trustee to hold the said interest in trust for such
person or persons for such purposes and in such manner
as my said eldest daughter if attaining the age of
Thirty-five years shall by Will or Codicil
specifically mentioning this my Will and this power
appoint and in default of and subject to any such
appointment in trust for my issue per stirpes who
shall survive my said eldest daughter and who being
male attain the age of Twenty-one years or being
female attain that age or marry and if more than one
in equal shares per stirpes.

6. In exercise of the respective powers for these
purposes given to me by an Indenture of Settlement for
my benefit dated the Fourteenth day of December One
Thousand Eight Hundred and Ninety Six and made between
my late father John Doherty Barbour of the one part
and Frank Barbour and the said John Milne Barbour and
Harold Adrian Milne Barbour of the other part and in
exercise of any other relevant power I hereby appoint
and direct that from and after my death the Trustees
or Trustee for the time being of the last mentioned
Indenture shall pay to my husband during his life the
income of one half of the trust funds and property
thereby settled and I hereby revoke the trusts thereof
so far as necessary for such payment and subject
thereto shall hold the said trust funds and property
and the income thereof in trust for my issue per
stirpes who shall survive me and who being male attain
the age of Twenty-one years or being female attain
that age or marry and if more than one in equal shares
per stirpes.

7. I give to my Trustees all the residue of my
property whatsoever and wheresoever including all
property over which I shall at my death have any
general power of testamentary appointment upon trust
to sell and convert into money the same with full
power to postpone such sale and conversion wholly or
in part for any period and so that the whole actual
income of property remaining unsold or unconverted
shall as from my death be applied in the same manner
in all respects as if it were income of authorised
investments of the proceeds of sale of such property
but no reversionary property shall be sold before it
falls into possession unless my Trustees consider an
earlier sale beneficial nor shall any reversionary or
other property not actually producing income be
treated as producing or as entitling any person to
receive income and I direct my Trustees out of the
proceeds of such sale and conversion or otherwise duly
to pay or provide for my funeral and testamentary
expenses, debts and pecuniary legacies (if any) and
any sums payable out of my residuary estate or the
income thereof and subject thereto to invest the
residue of the said proceeds in manner hereinafter
mentioned and to hold the said residuary proceeds and
the investments thereof hereinafter together called
"the Residuary Fund."

8. In trust for my issue per stirpes who shall survive
me and who being male attain the age of Twenty-one
years or being female attain that age or marry and if
more than one in equal shares per stirpes except and
provided always that in the case of each of my four
children by my second marriage who shall survive me
the share or interest of such child in the Residuary
Fund under the last foregoing trust shall be paid or
transferred to the Trustees or Trustee for the time
being of the Deed of Settlement for the benefit of
such child and his or her issue in clause 4
hereinbefore mentioned and shall be held by such
Trustees or Trustee by way of addition to and upon
with and subject to the same trusts powers and
provisions as the property or trust fund settled by
that Deed.

9. Any money liable to be invested under this my Will
or any Codicil hereto may be invested in any of the
following investments with full power for my Trustees
to change the same from time to time namely:
(a) The stocks, funds, securities or bonds of (or
guaranteed by) the Government of Great Britain
or
India or any British Dominion Colony or
Dependency (including any separate territory,
province, or settlement forming part of any
British Dominion, Colony or Dependency or
situate
within His Majesty's Dominions) or any foreign
country or state.
(b) The stocks, funds, securities, or bonds of
any
public, municipal or local body or authority in
Great Britain or India or any British Dominion,
Colony, or Dependency (including as aforesaid)
or
any foreign country or state.
(c) The Mortgages, debentures, securities or
bonds
or the debentures or rent charge, stocks or the
guaranteed or preference or preferred (including
preferred ordinary) stocks or shares of any
Company or undertaking whatsoever incorporated
or
situate or carrying on business in Great Britain
or India or any British Dominion, Colony, or
Dependency (including as aforesaid) or the
United
States of America which shall during each of the
five years next before the date of investment
have paid dividends or interest at the rate of
not less than four per centum per annum upon
stocks, shares or securities of the nominal
value
of at least Five hundred thousand pounds (or the
equivalent thereof in other currency) ranking
for
dividends or interest behind the investment
taken.
(d) All investments for the time being authorised

by law for trust funds.
(e) The securities, obligations, stocks or shares
of whatsoever nature or denomination of any
Public Utility, Banking, Insurance or Investment
Trust Company or Undertaking incorporated in
Great Britain and so that my Trustees may in any
case of doubt conclusively decide whether any
Company or Undertaking is within the scope of
this sub-clause.
(f) The purchase (either for residential purposes
or for investment only) of any freehold,
leasehold, or chattel, real hereditaments in
England or Wales (any such leaseholds or
chattels
real being held for a term having at least
eighty
years unexpired at the date of purchase) and
whether or not subject to any incumbrances,
leases, easements, restrictions, covenants or
liabilities.

And I declare that Section 32 of the Law of Property
Act 1925 shall apply to any hereditaments to be
purchased by my Trustees under the last foregoing
sub-clause and that my Trustees shall have in respect
of the said hereditaments all the powers of
disposition, leasing, management, equipment repair,
building development, and improvement (and all other
powers) of an absolute beneficial owner and may in
that behalf make any outlay out of the income or
capital of any property for the time being hold upon
trusts similar to the trusts of the said hereditaments
of the prospective proceeds of sale thereof.

10. The Midland Bank Executor and Trustee Company
Limited (hereinafter called "the Company") as an
Executor or Trustee of this my Will may act by its
proper officer or officers who notwithstanding that
the Company is entitled to remuneration under the
Declaration hereinafter contained may instead of
acting personally employ and pay a Solicitor, Broker
or any other Agent to transact all or any business
required to be done (including the receipt and payment
of money) notwithstanding that such officer or
officers could have transacted such business
personally and the Company shall also be entitled to
remuneration (free from duties) in addition to the
customary share of brokerage in accordance with the
scale of fees in force at the date of this my Will or
such other scale (if any) as may be arranged by
written agreement between the Company and me and in
any case in which a Solicitor is employed under the
power hereinbefore contained the firm of Messrs.
Peacock & Goddard of Gray's Inn or their successors
shall if possible be employed without prejudice to the
right of the Company to consult any other Solicitor in
any case in which it shall think fit to do so and I
declare that if at my death the business of the
Company shall have been transferred to or incorporated
with that of any other Company this my Will shall be
read and construed as if the name of such other
Company were substituted for that of the Company
throughout.

11. While the Company shall remain a Trustee of this
my Will (i) all moneys, securities and documents and
all documents of title relating to land subject to the
trusts hereof shall be under the exclusive custody and
control of the Company but so that the other Trustee
or Trustees of this my Will shall have all reasonable
facilities for periodically inspecting the same as
well as any accounts, reports and documents relating
thereto (ii) in the case of registered stocks, shares,
or securities the name of the owners of such stocks,
shares, or securities and all steps shall be taken for
ensuring the payment to the Company exclusively or to
its nominee for the time being of all dividends and
interest thereon and for enabling the Company to
exercise all voting and other rights arising therefrom
and (iii) every appointment of a new trustee of this
my Will shall be subject to the consent in writing of
the Company.

In Witness whereof I have hereunto set my hand this
twenty-third day of November, One Thousand Nine
Hundred and Thirty Seven.

Helen R. Harland

Related Biographies:

Thomas Andrews Jr

Acknowledgements

Phillip Gowan

Comment and discuss

500
Leave a comment...

Citation

Copyright © 1996-2019 Encyclopedia Titanica (www.encyclopedia-titanica.org) and third parties (ref: #21481, published 1 August 2003, generated 10th December 2019 05:36:16 PM)
URL : https://www.encyclopedia-titanica.org/mrs-thomas-andrews-last-will-and-testament.html