Transcribed by Judy Benson
While I have endeavored to be as correct as humanly possible, there could be
some typographical errors
Newfoundland will books volume 2 pages 258 to 272 probate year 1853
| Will of George Robinson |
In re GEORGE RICHARD ROBINSON: DECEASED. I George Richard Robinson of Chester Terrace Regents Park in the County of Middlesex Esquire hereby revoke all former wills codicils and testamentary dispositions by me at any time heretofore made and publish and declare this to be my last will and testament I desire that in the event of my decease in any part of the United Kingdom my body may be interred at Poole in the County of Dorset in the same vault in which the remains of my dear mother and sister lie interred I appoint my partner Thomas Holdsworth Brooking Esquire and my friends Charles Middleton of the Cavalry Depot at Maidstone in the County of Kent Esquire a Lieutenant Colonel in Her Majesty’s Army and Samuel James Wadeson of Austin Friars in the City of London Solicitor Trustees and Executors of this my will I bequeath the pecuniary legacies followingTo the said Thomas Holdsworth Brooking the sum of five hundred pounds To each of them the said Charles Middleton and Samuel James Wadeson the sum of two hundred pounds as a mark of my esteem and regard To my godson George Thomas son of the said Thomas Holdsworth Brooking the sum of two hundred pounds To my godson George Read son of Thomas Read of Parkstone near Poole, Esquire, the sum of one hundred pounds To my goddaughter Ellen Blanche one of the daughters of my late partner John Bingley Garland Esquire the sum of one hundred pounds To Mrs. Maybery widow of my deceased friend Charles Maybery of Brompton in the County of Middlesex Surgeon the debt or sum of money she or the estate of her said late husband is now indebted to me and in addition to said gift I do give and bequeath unto her the said Mrs. Maybery the sum of one hundred pounds TO Thomas Musson the sum of one hundred pounds as a mark of my appreciation of his long and faithful services as my confidential clerk To my servant William Vice the sum of fifty pounds To every of my clerks other than the said Thomas Musson who shall be in my employ in London at my decease and shall have been in such employ for a period of two years next previous thereto the sum of nineteen pounds nineteen shillings To every of the domestic servants (including the said William Vise and in addition to the said legacy of fifty pounds) who shall be in my service at my decease and shall have been in such service continually for a period of two years next previous thereto such a suit of mourning as my executors may think suitable and proper and also one years wages over and above what shall be due to them at my decease And I direct that the several legacies and annuities bequeathed by this my will or by any codicil or codicils shall be paid free and clear of and from legacy duty or any deduction whatever I direct my executors within twelve calendar months after my decease to lay out and invest the money to be raised with and out of a competent portion of such part of my personal estate as may lawfully be given for charitable purposes in the purchase in the names of the persons who at the time of such investment shall be the Rector and Churchwardens of the Parish of Wareham in the said County of Dorset of the clear sum of three hundred and thirty three pounds six shillings and eight pence three pounds per cent Consolidated Bank annuities And my will is and I direct that the said sum of Bank annuities shall be held by the Rector and Churchwardens for the time being of the said Parish for ever Upon trust that the dividends and annual income thereof may be a perpetual fund for the relief of such poor persons residing in and belonging to the said Parish of Wareham as shall not for the time being receive Parochial relief And that the Rector for the time being of the said Parish of Wareham or the Officiating Minister thereof for the time being during the absence or incapacity to act at any time or from time to time of such Rector do and shall on the twenty fifth day of December in every year pay and distribute such dividends and annual income to and among so many of such poor persons as aforesaid and in such manner shares and proportions as the Rector for the time being or in his absence or incapacity to act the Officiating Minister for the time being of the said Parish in his absolute discretion shall think proper Provided always and I hereby declare that when the Trustees for the time being in whose names the said sum of Bank annuities shall stand shall by death resignation or otherwise be reduced to two then and in such case and so often as the same shall happen the said sum shall be transferred into the joint names of the Rector and Churchwardens of the Parish of Wareham aforesaid for the time being I give and bequeath unto the said Thomas Holdsworth Brooking Charles Middleton and Samuel James Wadeson so much money as on the day of my decease would purchase the sum of six thousand six hundred and sixty six pounds thirteen shillings and four pence three pounds per cent Consolidated Bank annuities and I direct that they or the Trustees or Trustee for the time being of this my will shall stand possessed thereof upon trust to invest the same in or upon any of the permanent stock funds and securities of the United Kingdom with power from time to time to vary the investment or investments of the same legacy for any other or others of the description contemplated by this trust And upon further trust to pay the annual income of the same legacy or the stocks funds and securities whereon the same shall be invested as last aforesaid unto my natural or reputed son George Richard Robinson or permit or empower him to receive the same during his natural life for his personal use and benefit subject to the proviso hereinafter contained that is to say Provided always and I hereby declare that if the said George Richard Robinson shall alien or dispose of the said annual income or if by reason of his Bankruptcy or insolvency or by any other means whatsoever the said annual sum can no longer be personally enjoyed by the said George Richard Robinson but the same or any part thereof shall or but for this present proviso would belong to or become vested in some other person or persons Then the trusts hereinbefore expressed concerning the said annual income or so much thereof as shall or would have become so vested in any person or persons other than the said George Richard Robinson as aforesaid shall immediately cease and determine and the same shall be applied by the Trustees or Trustee for the time being of this my will during all the ten residue of the life of the said George Richard Robinson in the manner following (that is to say) Upon trust to pay and apply the annual income or such part thereof as aforesaid to and for the support and maintenance or otherwise for the use and benefit of the lawful wife child or children for the time being (if any) of the said George Richard Robinson or such one or more of such wife child or children and in such manner as the said Trustees or Trustee for the time being in their absolute discretion shall think proper And in default of any object of the last mentioned trust at any period during the life of the said George Richard Robinson and when and so often as the same shall happen then upon trust from time to time so long as such vacancy or want of objects shall continue to accumulate and invest the annual income of the said trust funds in augmentation of the principal or capital thereof in the nature of compound interest And in case such trust for accumulation shall extend beyond the term or period allowed by law then upon trust to apply the said annual income during such want of objects of the preceding trusts as aforesaid in such and the like manner as the same would be applicable under the ulterior trust hereinafter contained if the said George Richard Robinson were then actually dead and from and after the decease of the said George Richard Robinson Upon trust to pay the annual income of the said trust fund unto any future wife of the said George Richard Robinson who may survive him during the natural life of such wife and after her decease Upon trust to transfer the capital of the said trust fund unto and among all and every the child or children (if any) of the said George Richard Robinson who shall attain the age of twenty one years or marry for his her or their absolute use and benefit in equal shares if more than one And I direct that if at the decease of the said George Richard Robinson or of any wife of him who may survive him any of such children shall be under the age of twenty one years or unmarried then an adequate portion of the annual income arising from his her or their presumptive share or respective shares shall be applied by the Trustees or Trustee for the time being for the maintenance and education of such child or children respectively and that the same may be applied without reference to the applicability of any other fund or the liability of any other person to provide maintenance for such child or children respectively And I direct that the unapplied portion of any of such income shall from time to time be added to the capital of the share whence the same shall have arisen but nevertheless the same shall continue liable to be applied if occasion shall require to the maintenance and education of the child or children respectively from whose presumptive shares the same shall have arisen. And I also empower the Trustees or Trustee for the time being if they or he shall deem it expedient at any time after the I give and bequeath unto the said Thomas Holdsworth Brooking Charles Middleton and Samuel James Wadeson so much money as on the day of my decease would purchase the further sum of six thousand six hundred and sixty six pounds thirteen shillings and four pence three pounds per cent Consolidated Bank Annuities And I direct that they or the Trustees or Trustee for the time being of this my will shall stand possessed thereof upon trust to invest the same in or upon any of the permanent stocks funds and securities of the United Kingdom with power from time to time to vary the investment or investments of the said last mentioned legacy for any other or others of the description contemplated by this last mentioned trust And upon further trust to pay the annual income of the said last mentioned legacy or the stocks funds and securities whereon the same shall be invested as last aforesaid unto my natural or reputed son Henry Francis Robinson or permit or empower him to receive the same during his natural life for his personal use and benefit subject to the proviso hereinafter contained that is to say Provided always and I hereby declare that if the said Henry Francis Robinson shall alien or dispose of the said annual income or if by reason of his bankruptcy or insolvency or by any other means whatsoever the said last mentioned annual sum can no longer be personally enjoyed by the said Henry Francis Robinson but the same or any part thereof shall or but for this present proviso would belong to or become vested in some other person or persons then the trusts hereinbefore expressed concerning the said last mentioned annual income or so much thereof as shall or would have become so vested in any person or persons other than the said Henry Francis Robinson as aforesaid shall immediately cease and determine and the same shall be applied by the Trustees or Trustee for the time being of this my will during all the then residue of the life of the said Henry Francis Robinson in the manner following (that is to say) Upon trust to pay and apply the annual income or such part thereof as aforesaid to and for the support and maintenance or otherwise for the use and benefit of the lawful wife child or children for the time being (if any) of the said Henry Francis Robinson or such one or more of such wife child or children and in such manner as the said Trustees or Trustee for the time being in their absolute discretion shall think proper And in default of any object of the last mentioned trust at any period during the life of the said Henry Francis Robinson and when and so often as the same shall happen then upon trust from time to time so long as such vacancy or want of objects shall continue to accumulate and invest the annual income of the said last mentioned trust fund in augmentation of the principal or capital hereof in the nature of compound interest And in case such trust for accumulation shall extend beyond the term or period allowed by law then upon trust to apply the said last mentioned annual income during such want of objects of the preceding trust as aforesaid in such and the like manner as the same would be applicable under the ulterior trust hereinafter contained if the said Henry Francis Robinson were then actually dead And from and after the decease of the said Henry Francis Robinson Upon trust to pay annual income of the said trust fund unto any future wife of the said Henry Francis Robinson who may survive him during the natural life of such wife And after her decease upon trust to transfer the capital of the said last mentioned trust fund unto and among all and every the child or children (if any) of the said Henry Francis Robinson who shall attai9n the age of twenty one years or marry for his her or their absolute use and benefit in equal shares if more than one And I direct that if at the decease of the said Henry Francis Robinson or of any wife of him who may survive him any of such children shall be under the age of twenty one years and unmarried then an adequate portion of the annual income arising from his her or their presumptive share or respective shares shall be applied by the Trustees or Trustee for the time being for the maintenance and education of such child or children respectively and that the same may be applied without reference to the applicability of any other fund or the liability of any other person to provide maintenance for such child or children respectively And I direct that the unapplied portion of any of such income shall from time to time be added to the capital of the share whence the same shall have arisen but nevertheless the same shall continue liable to be applied if occasion shall require to the maintenance and education of the child or children respectively from whose presumptive shares the same shall have arisen And I also empower the Trustees or Trustee for the time being if they or he shall deem it expedient at any time after the decease of the said Henry Francis Robinson and of any future wife who may happen to survive him in the discretion of the said Trustees or Trustee or in the lifetime of the said Henry Francis Robinson with his consent in writing and afterwards in the lifetime of such surviving wife as aforesaid with her consent in writing to apply any part of the principal of the presumptive share or shares of such child or children if any for his her or their advancement in life in such manner as the said Trustees or Trustee for the time being in their or his absolute discretion shall think proper and in case the said Henry Francis Robinson shall have no child who shall acquire a vested interest in the said last mentioned trust fund under the trusts aforesaid then I direct that the Trustees or Trustee for the time being thereof shall stand possessed thereof and of the income arising therefrom after the decease of the said Henry Francis Robinson or of any wife who may happen to survive him upon the trusts and with and subject to the powers provisoes and declarations hereinafter declared concerning the monies arising from my real and residuary personal estate and then subsisting or capable of taking effect I give and bequeath unto the said Thomas Holdsworth Brooking Charles Middleton and Samuel James Wadeson so much money as on the day of my decease would purchase the further sum of six thousand six hundred and sixty six pounds thirteen shillings and four pence three pounds per cent Consolidated Bank annuities And I direct that they or the Trustees or Trustee for the time being of this my will shall stand possessed thereof upon trust to invest the same in or upon any of the permanent stock funds and securities of the United Kingdom with power from time to time to vary the investment or investments of the said last mentioned legacy for any other or others of the description contemplated by this Trust And upon further trust to pay or apply the annual income of the said last mentioned legacy or the stocks funds and securities whereon the same shall be invested as last aforesaid for the maintenance and education of my natural or reputed son Charles Maybery Robinson during his minority and upon further trust when the said Charles Maybery Robinson shall have attained the age of twenty one years to pay the annual income of the said last mentioned legacy or the stocks funds and securities whereon the same shall be invested as last aforesaid unto the said Charles Maybery Robinson or permit or empower him to receive the same during his natural life for his personal use and benefit subject to the proviso hereinafter contained that is to say Provided always and I hereby declare that if the said Charles Maybery Robinson shall alien or dispose of the said annual income or if by reason of his bankruptcy or insolvency or by any other means whatsoever the said annual sum can no longer be personally enjoyed by the said Charles Maybery Robinson but the same or any part thereof shall or but for this present proviso would belong or become vested in some other person or persons then the trusts hereinbefore expressed concerning the said last mentioned annual income or so much thereof as shall or would have become so vested in any other person or persons other than the said Charles Maybery Robinson as aforesaid shall immediately cease and determine and the same shall be applied by the Trustees or Trustee for the time being of this my will during all the then residue of the life of the said Charles Maybery Robinson in the manner following (that is to say) Upon trust to pay and apply the annual income or such part thereof as aforesaid to and for the support and maintenance or otherwise for the use and benefit of the lawful wife child or children for the time being if any of the said Charles Maybery Robinson or such one or more of such wife child or children and in such manner as the said Trustees or Trustee for the time being in their absolute discretion shall think proper And in default of any object of the last mentioned trust at any period during the life of the said Charles Maybery Robinson and when and so often as the same shall happen then upon trust from time to time so long as such vacancy or want of objects shall continue to accumulate and invest the annual income of the said last mentioned trust fund in augmentation of the principal or capital thereof in the nature of compound interest And in case such trust for accumulation shall extend beyond the term or period allowed by law then Upon trust to apply the said last mentioned annual income during such want of objects of the preceding trust as aforesaid in such and the like manner as the same would be applicable under the ulterior trust hereinafter contained if the said Charles Maybery Robinson were then actuall dead And from and after the decease of the said Charles Maybery Robinson Upon trust to pay the annual income of the said last mentioned trust fund unto any future wife of the said Charles Maybery Robinson who may survive him during the natural life of such wife and after her decease upon Trust to transfer the capital of the said trust fund unto and among all and every the child or children (if any) of the said Charles Maybery Robinson who shall attain the age of twenty one years or marry for his her or their absolute use and benefit in equal shares if more than one And I direct that if at the decease of the said Charles Maybery Robinson or of any wife of him who may survive him any of such children shall be under the age of twenty one years or unmarried then an adequate portion of the annual income arising from his her or their presumptive share or respective shares shall be applied by the Trustees or Trustee for the time being for the maintenance and education of such child or children respectively and that the same may be applied without reference to the applicability of any other fund or the liability of any other person to provide maintenance for such child or children respectively And I direct that the unapplied portion of any of such income shall from time to time be added to the capital of the share whence the same shall have arisen but nevertheless the same shall continue liable to be applied if occasion shall require to the maintenance and education of the child or children respectively from whose presumptive shares the same shall have arisen And I also empower the Trustees or Trustee for the time being if they or he shall deem it expedient at any time after the decease of the said Charles Maybery Robinson and of any future wife who may happen to survive him in the discretion of the said Trustees or Trustee or in the lifetime of the said Charles Maybery Robinson with the consent in writing and afterwards in the lifetime of such surviving wife as aforesaid with her consent in writing to apply any part of the principal of the presumptive share or shares of such child or children if any for his her or their advancement in life in such manner as the said Trustees or Trustee for the time being in their or his absolute discretion shall think proper And in case the said Charles Maybery Robinson shall have no child who shall acquire a vested interest in the said last mentioned trust fund under the trusts aforesaid then I direct that the Trustees or Trustee for the time being thereof shall stand possessed thereof and of the income arising therefrom after the decease of the said George Richard Robinson or of any wife who may happen to survive him upon the trusts and with under and subject to the powers provisoes and declarations hereinafter declared concerning the monies arising from my real and residuary personal estate and effects and then subsisting or capable of taking effect Whereas I now carry on the business of a Merchant in Alderman Walk in the City of London and at Saint John’s and elsewhere in the Island of Newfoundland in partnership with the said Thomas Holdsworth Brooking and George Thomas Brooking his son under Articles of Partnership determinable as in such Articles mentioned now so far as I can or may consistently with the terms of the said Partnership I do hereby direct that the accounts of such Partnership as well in England as in Newfoundland shall be taken with all convenient speed after the thirty first day of December which shall first happen after my decease and that the accounts of my estate with the said Partnership shall be round up adjusted and closed by and on the thirty first day of December which shall happen next after such last mentioned thirty first day of December and that such person as the said Charles Middleton and Samuel James Wadeson or the survivor of them or the executors or administrators of such survivor may appoint for that purpose shall be employed in taking the accounts of such partnership on the part of my estate And I direct my executors to make to the person for the time being employed in taking such accounts such allowance for his trouble from my general estate as they may think fit And I declare and direct that the balance or debt that may be owing to my estate by the said Partnership upon the closing of my said Partnership Accounts or any part of such balance or debt may be retained by the said Thomas Holdsworth Brooking if he shall continue to carry on the same business in which I am now engaged with him as aforesaid without his being required by my Trustees or executors to give any security for the same or for the interest in respect thereof the said Thomas Holdsworth Brooking nevertheless paying interest on the amount of such balance or debt or for such part thereof as for the time being shall remain unpaid after the rate of five pounds per cent per annum computed from the thirty first day of December which shall first happen after my decease by equal half yearly portions Provided nevertheless and I hereby declare that the said balance or debt or the part thereof which shall be so retained by the said Thomas Holdsworth Brooking in exercise of the liberty or option hereinbefore given to the said Thoms Holdsworth Brooking shall be paid by him by seven equal and successive yearly instalments the first of such yearly instalments to be paid on the thirty first day of December next after the thirty first day of December wherein my said Partnership accounts are hereinbefore directed to be closed with liberty nevertheless to the said Thomas Holdsworth Brooking at any time or times prior to the date by virtue of this provision prescribed for the payment of the last of such instalments to make any payment on account of the principal money so retained by him and then remaining unpaid Provided also and I direct that in case the said Thomas Holdsworth Brooking shall die or discontinue to carry on the said business at any time before such last mentioned date the said liberty or option hereinbefore given shall thereupon cease and determine the same being meant by me to be personal to the said Thomas Holdsworth Brooking and the executors of this my will shall upon such death or discontinuance immediately require and obtain payment of the said balance or debt or of so much thereof as shall then remain unpaid And I also declare that if my said partners shall neglect or refuse to exercise and decline the right or option by the said Articles of Partnership reserved to them of purchasing my share or interest in the stock and effects of the said Partnership within the time in the same Articles specified in that behalf then that my share and interest in the said stock and effects shall be deemed to be part of my general personal estate and be disposed of accordingly And subject to the directions hereinbefore contained I empower the said Charles Middleton and Samuel James Wadeson and the survivor of them and the executors or administrators of such survivor in their or his uncontrolled discretion to settle adjust and wind up the accounts of my said estate with the said partnership and also so far as may be (consistent with the terms of the said partnership) to concur in the settling adjusting and winding up the accounts and transactions of the said Partnership and also in compounding for any of the claims of the said partnership upon or against any person or persons whomsoever And I also declare and direct that all the moneys to become payable to my estate in respect of the said partnership or of any partnership estate or property or from my said partners or either of them as aforesaid shall be considered as part of my general personal estate and be applied and disposed of accordingly I give and devise unto and to the use of the said Thomas Holdsworth Brooking Charles Middleton and Samuel James Wadeson all the freehold and copy hold estate and bequeath to them all the leasehold estate and the residue of all the person estate and effects (not hereinbefore specifically bequeathed) to which I shall be entitled at my decease Upon the trusts and subject to the declarations following (that is to say) Upon trust to sell and convert into money the said trust estates or such parts thereof as shall be of a saleable or convertible nature and to get in the other parts thereof with full discretionary power to sell by public auction or private contract and together or in parcels subject to such terms and conditions as to the title or the evidence of title or the time or mode of payment of the purchase money or indemnity against or apportionment of incumbrances or as to any other matters relating to the sale as the Trustees or Trustee for the time being shall judge expedient Also to fix reserved biddings and buy in property offered for sale and vacate or vary contracts for sale And to resell without liability to answer for any consequential loss and generally to effect the sale and conversion of the said trust estates on such terms and in such manner as they or he shall deem most advantageous also full discretionary power to suspend for such period or periods as to the said Trustees or Trustee shall deem expedient the sale conversion or getting in or my said real and personal estate and effects or any part or parts thereof respectively of or upon whatever property or securities the same respectively shall consist or be invested at the time of my decease Also full discretionary power during the suspense of the sale conversion or getting in of the said trust estates respectively to manage and order all the affairs thereof as regards letting occupation cultivation repairs insurance against fire compounding of debts or demands receipts of rents and other monies indulgencies and allowances to debtors tenants and others and all other matters and in the execution of this power of letting to grant Buildings Repairing Improving or other leases for such terms or term at such rents or rent and generally on such conditions as the said Trustees or Trustee shall deem advantageous either taking or not taking fines or premiums which if taken shall be considered as sale monies for the purposes of the trusts hereinafter contained And I declare that for the purposes of enjoyment and transmission under the trusts hereinafter contained the said trust estates shall be considered as money from the time of my decease and the rents dividends interest and other yearly produce thereof respectively to accrue due after my decease and until the actual sale conversion and getting in thereof shall be deemed the actual income thereof applicable as for such purposes of the said trusts without regard to the amount of such income or to the nature of the investment or investments yielding the same And as to the monies to arise from the sale conversion and getting in of the said trust estates Upon trust thereout in the first place to pay or retain all the expenses incident to the execution of the preceding trusts and powers and also my debts and my funeral and testamentary expenses And in the next place to pay or satisfy the pecuniary and stock legacies and any legacies I may give by any codicil to this my will and the legacy duty thereon respectively hereinbefore bequeathed And upon further trust to lay out and invest the surplus of the said trust monies in the names or name of the Trustees or Trustee for the time being of this my will in or upon any of the permanent public stocks funds or securities of the United Kingdom or on the security of any mortgage or mortgages of freehold copyhold or leasehold estates in England or Wales or upon any bonds debentures or other security of any Incorporated or Joint Stock Company the same as well as any investments of the like nature constituting part of my residuary personal estate to be changed for other stocks funds and securities of the like nature as and when occasion may require or the Trustees or Trustee for the time being shall think Fit And I declare and direct that the said Trustees or Trustee subject to the trusts and directions aforesaid shall stand and be possessed of all and singular the said last mentioned trust funds and premises Upon trust to pay the annual income thereof as and when the same shall from time to time become actually receivable and not by way of anticipation into the proper hands of my natural or reputed daughter Louisa Matilda the wife of Lazard Peillon now or late residing in or near Paris during her life (or into any such Banking House or to such Banker or Regent as the said Louisa Matilda Peillon by any letter or other writing under her hand shall from time to time notwithstanding any coverture nominate to be placed to her account at such Banking house or with such Bander or agent for the separate use of the said Louisa Matilda Peillon free from the control of her present or any after taken husband without power of alienation or anticipation as a strictly personal provision and of which annual income her receipts alone shall be sufficient discharges And immediately after the decease of the said Louisa Matilda Peillon as to as well the capital of such last mentioned trust funds and premises as the annual income thenceforth to accrue due for the same Upon trust for the child if only one or all the children if more than one of the said Louisa Matilda Peillon who either before or after her decease shall attain the age of twenty one years such children if more than one to take in equal shares I empower the said trustees and Trustee for the time being to apply all or any part of the annual income to which each or any infant child of the said Louisa Matilda Peillon shall be entitled or presumptively entitled towards the maintenance and education or otherwise for the benefit of such child during his or her minority or at the option of my said Trustees or Trustee to pay the same into the hands of the parent or guardian of such child to be so applied but for the application whereof by such parent or guardian my said Trustees or Trustee shall not be responsible And I also empower my said Trustees and Trustee in their or his discretion to advance and apply any part not exceeding one half of the capital to which under the bequest or disposition lastly hereinbefore maintained each or any infant child of the said Louisa Matilda Peillon shall be entitled in or towards his or her advancement or preferment in the world And I direct the said Trustees or Trustee to accumulate by such investments as aforesaid the unapplied surplus and that the accumulations shall be added as capital to the share or respective shares whence the same shall have arisen I devise all the real estate which shall at my decease be vested in me as a mortgagee or Trustee to the said Thomas Holdsworth Brooking Charles Middleton and Samuel James Wadeson subject to the equities affecting the same respectively I declare that the receipts in writing of the Trustees or Trustee for the time being acting in the execution of any of the trusts and powers hereinbefore created shall be effectual discharges for all moneys and effects to be paid or delivered to them respectively pursuant to such trusts and powers or otherwise by virtue of this my will and shall exonerate the person or persons paying or delivering such moneys and effects from all liability in respect of the application thereof I empower the Trustees or Trustee for the time being of this my will to waive suspend or release or make any composition or arrangement for or concerning any debt or debts demand or demands which may be due to me at the time of my decease or be claimed on behalf of my estate and to take any security on real or personal property or any Bond Note or engagement for the payment or satisfaction of any such debt or debts demand or demands or the sum or sums to be accepted or taken by way of composition for the same and to allow such time for the payment of any such debt or debts sum or sums as they or he shall think proper and also to pay or satisfy any debt or debts demand or demands which may be claimed to be owing form me or be made against my estate upon such title or evidence whether strictly legal or not as my said Trustees or Trustee shall deem satisfactory and also to adjust and wind up any accounts pending between me and any other person or persons whomsoever and give full and complete acquittances and discharges in relation thereto and to refer to arbitration upon such terms and conditions as they or he shall deem expedient any disputes which may be pending or may arise with any person or persons with whom I in my lifetime shall have had or my said executors trustees or trustee after my decease shall have any dealings or transactions or any other disputes whatever relating to my estate or effects or any part or parts thereof or the administration of the trusts of my will and at their or his discretion to abide by or contest and dispute any submission or arrangement which may have been made or entered into as aforesaid or any award or other matter or proceeding consequential thereon And I declare that if the Trustees named in this my will or any of them or any Trustees or Trustee to be appointed under this clause shall die or be or become unwilling or incompetent to accept or execute the trusts of this my will it shall be lawful for the competent accepting Trustees or Trustee for the time being (if any) whether retiring from the office of Trustee or not or if none for the executors or administrators of the last deceased Trustee to substitute by any writing under their or his hands or hand any person or persons in whom alone or (as the case may be) jointly with any surviving or continuing Trustees or Trustee my trust estate shall be vested And I declare that any person or persons who may be appointed to be the Trustee or Trustees of the trust estate given by this my will shall be fully competent to exercise all powers and authorities whether discretionary or not which are by this my will given to or reposed in the Trustees or Trustee for the time being of this my will And I exempt every Trustee of my will from liability for losses occurring without his own wilful default and authorize him to retain and allow to his cotrustee or co-trustees any expenses incidental to the Trusteeship And I declare that the powers and discretions hereinbefore vested in the Trustees hereinbefore named shall be exercisable by the Trustees or Trustee for the time being of this my will And I direct that the said Samuel James Wadeson whether he shall accept the Trusteeship of this my will or not shall be the Solicitor to my trust property and that he as such shall be allowed all professional charges which if employed as solicitor to my Trustees or Trustee for the time being not being himself a Trustee he would be entitled to make In witness whereof I the said George Richard Robinson the testator have by the hand of James Weyman Wadeson signed this my last will and testament this first day of July in the year of our Lord one thousand eight hundred and fifty - George Richard Robinson- Signed by James Weyman Wadeson on behalf and as the last will and testament of the said testator George Richard Robinson in his presence and by his direction and which signature was made for and acknowledged by the said testator in the presence of us present at the same time who and at the request of the said testator in his presence and in the presence of each other have subscribed our names as witnesses thereunto, Samuel Fowler, John Smee, Clerks to Messrs. Wadeson & Malleson, 11 Austin Friars London Solicitors. Certified correct, D. M. Browning Registrar |