412 Anne Elizabeth Margaret Fetherstonhaugh 1921 Monaco

 

This is the last Will and Testament of me Anne Elizabeth Margaret Fetherstonhaugh at present residing at the Hotel de Russie et d’Allemagne Mentone in the Republic of France, Widow. I revoke all Wills, Codicils and testamentary dispositions heretofore made by me. I appoint Reginald Sydney Lees Fetherstonhaugh at present residing at 8 Sea View Terrace Seaton in the County of Devon and James Robert Slade of Swanage in the County of Dorset, Solicitor ( hereinafter called my Trustees) to be the EXECUTORS and TRUSTEES of this my Will. Whereas by a Settlement made upon the marriage of my Father and Mother certain lands, securities and property were settled upon trust for the benefit of my father and mother for their respective lives and in default of appointment by them after the death of the survivor of them for the benefit of their children and a moiety of the property comprised in such settlement (called the trust fund) was upon my marriage by Settlement dated the sixteenth day of September One thousand eight hundred and sixty nine settled, subject to the life interests of my father and mother upon trust to pay the annual income thereof to me during my life and after my decease upon trust that the Trustees of the Settlement should stand possessed of the trust fund for such person or persons as I by any deed or deeds or by my last Will and Testament or by any Codicil thereto should direct and appoint. Now in exercise of the said mentioned power of appointment. I hereby direct and appoint that the Trustees of my said marriage settlement shall (subject to the life interest of my mother therein my father having died) hold the trust fund upon trust to pay out of the income thereof an annuity of Thirty six pounds per annum to Ann Molsher at present residing at 8 Sea View Terrace Seaton aforesaid for her life free from duty (which shall be paid out of the trust fund)-and also an annuity of Twelve pounds per annum to Mary Thatcher if she shall be in my service at the time of my death for her life free from duty (which shall be paid out of the trust fund) and subject  thereto to pay such income to the said Reginald Sydney Lees Fetherstonhaugh during his life and after his death shall hold the trust fund upon trust to transfer the same in such manner for the benefit of any of his child or children or other issue (born in his lifetime) as he shall by deed or Will appoint and subject thereto to transfer the trust fund unto such child or children of the said Reginald Sydney Lees Fetherstonhaugh as shall being a son attain the age of twenty one years or being a daughter shall attain that age or marry in equal shares. And if there shall be no child of the said Reginald Sydney Lees Fetherstonhaugh who being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry then subject to any such appointment as aforesaid the said Trustees shall hold the trust fund upon trust for such person or persons as the said Reginald Sydney Lees Fetherstonhaugh shall  by his last Will or Codicil appoint. I direct that my just debts, funeral and testamentary expenses shall be paid out of my estate and not out of the trust fund over which I have the power of appointment which I have hereinbefore exercised. I give and bequeath all the rest, residue and remainder of my estate both real and personal whatsoever and wheresoever to the said Reginald Sydney Lees Fetherstonhaugh absolutely. Provided that in case my Mother shall survive me he shall set aside and invest a sufficient sum to produce by the income thereof an annuity of Thirty six pounds per annum (free of duty) and pay the same to the said Ann Molsher until her death or until the death of my Mother whichever shall first happen and an annuity of Twelve pounds per annum (free from duty) and pay the same to the said Mary Thatcher until her death or until the death of my Mother whichever shall first happen. And I further declare that any Trustee of this my Will and any Trustee of the said trust fund over which I have exercised the power of appointment hereinbefore contained being a Solicitor or other person engaged in any profession or business may be so employed or act and shall (as the said trust fund after the death of my Mother) be entitled to and be paid all usual or proper professional or other charges for any business or act done by him or his firm in the premises, including all business of whatever kind not strictly professional but which might have been performed or would necessarily have been performed in person by a Trustee not being a Solicitor.

  IN WITNESS whereof I have hereunto set my hand this Twenty seventh day of May One thousand nine hundred and eight--- A E M FETHERSTONHAUGH-----  Signed by the said Anne Elizabeth Margaret Fetherstonhaugh as her last Will in the presence of us present at the same time who at her request in her presence and in the presence of each other have subscribed our names as attesting witnesses----OSCAR BUCHERER Proprietaire Hotel de Russie Mentone--- ACHILLE ISNON British Pro Consul Mentone France A M---

 

THIS IS A CODICIL to the last Will of me ANNE ELIZABETH MARGARET FETHERSTONHAUGH at present residing at Villa Radium Monte Carlo France, Widow, which I made in the year One thousand nine hundred and eight. Whereas by my said Will I directed and appointed that the Trustees of my Marriage Settlement in my said Will referred to should (subject to the life interest of my Mother therein) hold the trust fund upon trust to pay out of the income thereof an Annuity of Thirty six pounds per annum to Ann Molsher for her life and also an annuity of Twelve pounds per annum to Mary Thatcher if she should be in my service at the time of my death for her life. Now I do hereby revoke the said direction, appointment and bequests in favour of the said Ann Molsher and Mary Thatcher respectively. And I direct and appoint that the Trustees of my Marriage Settlement shall (subject to the life interest of my Mother therein) hold the trust fund upon trust to pay out of the income thereof an Annuity of Thirty six pounds to the said Mary Thatcher if she shall be in my service at the time of my death for her life free from duty which shall be paid out of the trust funds and subject thereto shall hold the trust fund upon the trusts declared by my said Will. And in all other respects I confirm my said Will.

 

IN WITNESS whereof I have hereunto set my hand this eighth day of July One thousand nine hundred and nineteen----A E M FETHERSTONHAUGH--- signed by the said Testatrix Anne Elizabeth Margaret Fetherstonhaugh as and for a Codicil to her last Will in the presence of us both, present at the same time, who at her request in her presence and in the presence of each other have hereunto subscribed our names as attesting witnesses----Signature of first Witness  WILLIAM FOLLETT Address Villa Torrelli Monte Carlo Occupation British Merchant--- Signature of second Witness C J SIM Address British Vice Consul Occupation  Monaco---

 

Affidavit filed that the Testatrix was a British Subject made her Will in France and a Codicil to her Will in Monaco and that her domicile of Origin was English.

On the 21st day of February 1922 Probate of this Will and Codicil was granted to Reginald Sydney Lees Fetherstonhaugh and James Robert Slade the Executors