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Charles Adamthwaite (1860 - 1926)
This
is the last Will and Testament of me Charles Adamthwaite
of the Junior Oxford and
Cambridge Club St James’s Square in the County of Middlesex Esquire
First I direct all my just debts funeral Probate and Testamentary
expenses to be
Paid and
discharged as soon as convenient after my decease by my Executors
hereinafter named out of my personal Estate I hereby nominate and
appoint my brothers William Lupton Adamthwaite and John
Adamthwaite to be Executors and Trustees of this my Will and joint
Guardians of any infant children I may leave surviving me I give
to my Wife On hundred pounds absolutely to be paid to her within one
month of my decease for her immediate occasions I Also Give and Bequeath
to her absolutely All my household furniture and effects of that nature
(if any) And All my Wearing apparel Jewellery Ornaments of the person
and other matters of the like kind And Whereas under the Will of my late
Father John Adamthwaite deceased bearing date the third day of December
One thousand eight hundred and sixty nine and proved on the twenty sixth
day of May One thousand eight hundred and seventy I am now entitled
absolutely to a considerable amount of personal Estate and am also
entitled for my life to the income of certain Real Estate and of the
proceeds arising from the sale of certain Real Estate which has been
sold since my said Fathers decease with remainder to my lawful Issue as
in the said Will mentioned whether children or grandchildren with such
provisions and in such shares and with such restrictions and in such
manner as I shall by Will appoint And in default of such appointment In
trust for all my lawful children whether Sons or daughters and for their
several and respective heirs and assigns for ever in equal shares as
tenants in common if more than one and for an only child absolutely if
there shall be but one with divers remainders over And Whereas I
have now two infant children only namely Charles Edmund Adamthwaite and
Cyril John Adamthwaite both of tender years Now I hereby direct and
declare that it is my wish and intention that the aforesaid Real
Estate and proceeds of Real Estate so sold as aforesaid in which I have
a life interest with power of appointment amongst my Issue as aforesaid
shall go and belong to such of my children as shall survive me and live
to attain twenty four years of age or shall die under that age leaving
lawful Issue absolutely in equal shares as tenants in common if more
than one and to an only child absolutely if there shall be but one such
child And I appoint the same to them him or her accordingly And
so far as I have the power to be so I request and authorize
the Trustees under my said Fathers Will to apply so much of the income
of the said Real Estate and proceeds of Real Estate as they shall think
fit in and about the maintenance clothing and education of my infant
children from time to time and to allow them all or any portion of their
presumptive shares of Income from time to time until the youngest child
shall obtain the age of twenty four years And as to All the rest residue
and remainder of my Real and personal Estate and effects whatsoever and
whosesoever of which I shall be seized and possessed or of which I have
the power to dispose by Will I Give devise and bequeath the same
unto my said Executors and Trustees their heirs executors administrators
and assigns Upon trust to receive and take the income thereof and
pay there out (the personality being the primary fund) to my dear wife
Caroline Sarah the yearly sum of Seven hundred pounds during such time
as she shall live and continue my Widow and unmarried upon condition
that she provides a home and board for my children thereout and provides
them with all necessaries with such assistance as she may obtain from
the Trustees of my said Fathers Will in respect of the Income of Real
Estate and proceeds of Real Estate in which such children will be
interested as aforesaid until my children shall respectively attain
twenty one years of age, the said yearly sum to be paid by four equal
quarterly payments. Namely –on the twenty fifth day of March, the twenty
fourth day of June, the twenty ninth day of September and the twenty
fifth day of December in each year and the first payment to be made on
such of the said days as shall happen next after my decease and to be
clear of all deductions And from and after my said Wifes second Marriage
in case she shall marry again I direct that she shall henceforth receive
the yearly sum of Three hundred pounds only in lieu of the said sum of
Seven hundred pounds to be paid on the said quarterly days and the first
payment to be made on such of the said quarterly days as shall happen
next after such second marriage and the reduced Annuity to be for her
sole and separate use and for which her sole receipts shall be good
discharges and to be without power of anticipation and alienation And
from and after my children or any one of them shall respectively attain
twenty one years of age or from and after my Wifes second marriage or in
either of those events I direct and empower my said Trustees to provide
;my said children or child with whatever allowance the said Trustees may
think fit out of the surplus income of my own Residuary Estate in
addition to what my said children or child may be receiving under the
Will of my late Father in respect of the income of the said Real Estate
if ;;they shall deem it necessary and proper to make them any such
additional allowance but subject and without prejudice to the Annuity
payable to my said Wife under the provisions herein contained And I
Direct that the surplus Income of my general Estate after providing
for all and every the payments and matters hereinbefore insutioned shall
accumulate at compound Interest until my youngest or only child shall
attain twenty four years of age and when and as soon as that event
happens I direct that my said Trustees and Executors shall first
of all set apart or retain a sufficient capital sum to pay to or provide
my said Wife with a yearly annuity of Seven hundred pounds payable on
the regular quarterly days as aforesaid (reducible nevertheless as
aforesaid in the event of her second Marriage) And subject as aforesaid
I hereby Give devise and bequeath All and singular my own
Residuary Real and personal Estate Unto all and every my lawful
children absolutely in equal shares as tenants in common or to such of
them as shall survive me and live to attain twenty four years of age or
shall die under that age leaving lawful Issue but not be paid divided
and transferred until my youngest child for the time being shall attain
twenty four years of age And if I should leave only one such child then
solely to one such child for his or her absolute use and benefit and
failing such Issue as aforesaid then I Give devise and bequeath All and
singular my own Residuary Real and personal Estate and effects to m y
said brothers William Lupton Adamthwaite and John Adamthwaite in equal
shares as tenants in common subject nevertheless to the Annuity or
Annuities hereinbefore given and bequeathed to my said Wife which I
hereby charge upon my general Residuary Estate And I direct that
if any one or more of my children shall charge alien or incumber or
attempt to charge alien or incumber his or her share or portion under
this my Will such charge alienation or incumbrance or attempt to effect
the same shall be void and of no effect and so much of the share or
portion hereinbefore given or bequeathed to such child as shall be
aliened charged or incumbered or attempted so to be shall go over and
belong to the other persons or person who would by virtue of these
provisions be entitled thereto as if such child or children making or
attempting to make such alienation charge or incumbrance were dead
And I declare that my said Trustees shall have all the usual powers
and indemnities now conferred by law upon Trustees I Give devise and
bequeath All Trust and Mortgage Estates vested in me Unto my said
Trustees their heirs executors administrators and assigns subject to the
trusts and equities affecting the same And I revoke all former Wills by
me made and declare this to be may last Will IN WITNESS
whereof I have to each of the three sheets of paper containing this my
Will subscribe my name this thirteenth day of May One thousand eight
hundred and eighty four.
Signed
by the said
Charles Adamthwaite 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 have
hereunto
subscribed our names as Witnesses all three being
present at one and the
same time during such signing and subscribing.
Chas. Adamthwaite
George Claud
Rood Braddely
Audit Office
London WC
William Mority
Martin
Audit Office
London WC
This
Will was revoked 22/7/1897 when it is supposed that another Will was
made |
