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Mrs Thomas Andrews (Last will and testament)

Helen Reilly Harland

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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

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Encyclopedia Titanica (2003) Mrs Thomas Andrews (Last will and testament) ( ref: #21481, published 1 August 2003, generated 20th May 2024 04:26:49 AM); URL : https://www.encyclopedia-titanica.org/mrs-thomas-andrews-last-will-and-testament.html