This is the last will and Testament of me Alexander Stephenson Fetherstonhaugh of Hopton Court in the county of Worcester and of No 14 Warwick-square in the Parish of Saint George’s in the County of Middlesex Esquire whereby I revoke all wills codicils and other testamentary dispositions heretofor made by me and declare this to be my last ----- and only will and testament. I bequeath my leasehold house called or known as No 14Warwick Square aforesaid free of ground rent chargeable thereon? Together with the stables coachouse and premises belonging thereto for all the term? and interest which I shall have therein at the time of my death with the tenants? Fixtures therein and all my horses carriages and harness upon the same premises or any part thereof to my dear wife Emma Fetherstonhaugh for her life. I bequeath all my furniture plate, plated articles, glass, china, earthenware, books, linen, pictures, prints, wines and other articles of personal or domestic use and ornament being in or upon the said premises No14 Warwick Square aforesaid or any part thereof unto my said wife to possess use and enjoy during her life with power for her to select any part of the plate, linen and books at No 14 Warwick Square aforesaid for her own use and to dispose of such selected part as she may think proper. I bequeath to my said wife the sum of two hundred and fifty pounds to be paid to her immediately after my decease. I bequeath the following pecuniary? Legacies to be paid as soon as conveniently may be after my decease namely to my nephew Henry Heylin the sum of five hundred pounds to the treasurer or other proper officer of the Worcester Infirmary to be applied for the purposes of such institution the sum of one hundred pounds free of legacy duty to my three nieces Emma Heylin Maria Heylin and Jane the wife of William Wicks? The sum of twenty pounds each To Maria Louise Heylin now living with Mr Alexander Heylin at New Galloway in Scotland the sum of fifty pounds to each of the servants living with me at No 14 Warwick Square and Hopton Court aforesaid at the time of my decease and who shall have been five years in my service at that time the sum of nineteen pounds nineteen shillings I also bequeath to my said wife during her life an annuity of one thousand pounds clear of income tax for her separate use without power of anticipation I also bequeath to my said three nieces Emma Heylin Maria Heylin and Jane the wife of William Wicks an annuity of twenty pounds each to be increased as hereinafter mentioned free of legacy duty during their respective lives for their separate use respectively without power of anticipation during their present or any future coverture? And I bequeath to my cousin Thomas Stephenson an annuity of twenty pounds without power of anticipation and I direct that all the said annuities respectively shall be considered as accruing from day to day and be paid by equal quarterly payments the first quarterly payment to be made three months after my decease I bequeath to the said Henry Heylin the sum of one thousand pounds to be paid to him after the death of my said wife provided that he does not anticipate it in my said wife’s lifetime in which case it shall fall in to the residue of my personal estate and after the death of my said wife I bequeath to my brother Joseph Fetherstonhaugh and to Frederic Weatherall of the Turner? Temple? Gentleman the sum of two thousand pounds free of legacy duty to hold upon the trusts hereinafter mentioned namely upon trust to be equally divided between and among my great nieces Annie Heylin, Jessie? Ferguson Heylin, Mary Fetherstonhaugh Heylin, Neville Heylin Emmie? Heylin the daughters of my late nephew Alexander Heylin for their separate use when and as they respectively attain the age of twenty one years or marry under that age whichever shall first happen and the share of any dying unmarried under the age of twenty one years shall go to the survivors in equal shares or to the sole survivor And upon trust in the meantime and until the shares shall vest? to invest the said sum of two thousand pounds or such part thereof as shall not be vested in Government Stocks Funds or Securities or upon mortgage of freehold copyhold or leasehold land or houses or upon the debenture bonds or debenture and preference stock of any railway company incorporated in England by Act of Parliament or upon any other securities which the said trustees may consider sufficient and safe and may vary such stocks funds and securities And I empower the said trustees to pay and apply the whole or any part of the interest or income to arise from the share of any Legatee under the age of twenty one years and unmarried for or towards the maintenance and education? Of such legatee And I direct that after the death of my said wife the said annuities of twenty pounds to each of my said nieces Emma Heylin Maria Heylin and Jane the wife of William Wicks shall be increased to fifty pounds each and I therefore bequeath after the death of my said wife to my said three nieces an annuity of fifty pounds each during their respective lives for their separate use respectively without power of anticipation during their present or any future coverture and in substitution for the said annuities of twenty pounds hereinbefore bequeathed to them and I give and bequeath to the said Maria Louise Heylin the sum of one hundred pounds to be paid to her upon the death of my brother Joseph Fetherstonhaugh And as to for and concerning all the rest residue and remainder of my personal property and estate of every description I give bequeath and appoint the same and every part thereof unto my said brother Joseph Fetherstonhaugh for his own absolute use and benefit And I desire to express that my reason for not making any provision for the wife of my said brother is that I have left my said brother ample means And I desire my said brother but in his absolute discretion to give or secure the sum of one thousand pounds to or for the benefit of my Godson Alexander Fetherstonhaugh Stephenson if in the opinion of my said brother he shall be deserving thereof I give and devise all the manors advowsons? Messuages lands tenements and hereditaments and undivided shares of them or any of them being freehold of inheritance situate arising and being in the counties of Worcester Hereford Northumberland Cumberland Westmorland and Gloucester or elsewhere in England or Wales of or to which I shall at my death be seized or entitled or over which I shall at my death have a general power of appointment or disposition by Will [ except what I otherwise dispose of by this my Will or any codicil thereto] to the use of my said brother Joseph Fetherstonhaugh and his assigns for his life without impeachment ? of waste and from and after the decease of the said Joseph Fetherstonhaugh to the use of the first and every other son of the said Joseph Fetherstonhaugh successively according to their respective seniorities in f[t]ail And in default of such issue to the use of the first and every other daughter of the said Joseph Fetherstonhaugh successively according to their respective seniorities in f[t]ail And in default of such issue to the use of such person or persons for such estates or estate interests or interest and if more than one in such shares and with under and subject to such limitations remainders over and charged and chargeable with such sum and sums of money either annual or in gross and with such provisions for maintenance education and advancement and with such powers of jointuring? And charging portions and with such other powers and upon such conditions and with such restrictions and in such manner in all respects as the said Joseph Fetherstonhaugh shall by Will or codicil appoint and in default of such appointment and so far as no such appointment shall extend And in default of all issue as aforesaid of the said Joseph Fetherstonhaugh to the use of my great nephew Alexander Robert Heylin son of my said nephew Alexander Heylin and his assigns for his life without impeachment of waste and from and after the decease of the said Alexander Robert Heylin to the use of the first and every other son of the said Alexander Robert Heylin successively according to their respective seniorities in tail w[m]alt? And in default of such issue to the use of my own right heirs for ever Provided always and I hereby declare that every person who under this my Will shall become entitled as tenant for life or as tenant in tail to the actual possession or the receipt of the rents or profits of the said premises hereinbefore devised and who shall not then use and bear the surnaiut?[surname] and arms of Fetherstonhaugh shall within one year after he shall be come? entitled or[being an infant] within one year after he shall attain the age of twenty one years [unless in the said respective cases any such person shall be prevented by death] take upon himself of herself and use in all deeds and writings which he or she shall sign and upon all occasions the surname of Fetherstonhaugh together with and after his or her own family surname and quarter the arms of Fetherstonhaugh with his or her family arms and shall within the said year [unless prevented by death ] apply for and endeavor to obtain a proper licence from the Crown or take such other steps as may be requisite to authorize him or her so to take use and bear the said surname and arms of Fetherstonhaugh And further that in case any such person shall refuse or neglect within the said one year to take use and bear such surname and arms or take such steps as aforesaid or shall at any time afterwards discontinue to use and bear such surname or arms then and in every such case immediately after the expiration of the said one year or immediately after such discontinuance as aforesaid as the case may be if the person who shall so for the time being refuse neglect or discontinue as aforesaid shall be the tenant for life the limitation to the use of such persons and his or her assigns during his or her life shall absolutely determine? And if the person who shall so for the time being refuse neglect or discontinue as aforesaid shall be tenant in tail? Then the limitation under which such person shall be tenant in tail shall absolutely determine and in the said respective cases the said premises herein before devised shall immediately go to the person or persons next in remainder under the limitations of this my will in the same manner as if such person being tenant for life were dead or being tenant in tail were dead and there were a general failure of issue inheritable under such limitation in tail Provided always and I hereby declare that the determination under the proviso lastly herein before contained of the estate hereinbefore limited to any person who shall for the time being refuse neglect or discontinue as aforesaid and who shall be tenant for life shall not prejudice? or assert [effect] any of the contingent remainders hereinbefore limited to her or her issue or any other person and that from and after such determination as aforesaid the said premises hereinbefore devised shall go and remain to the use of George Johnson and Frederic Weatherall both of No 7 Kings Bench Walk Temple in the City of London Gentleman their heirs and assigns during the life of the person who shall so for the time being refuse neglect or discontinue as aforesaid and the said George Johnson and Frederic Weatherall their heirs and assigns shall thenceforth during the life of such person pay the rents and profits of the said premises to or permit the same to be received by that person or persons for the time being entitled under the limitations hereinbefore contained to the first vested estate in remainder expectant? On the decease of such personas aforesaid provided always and I hereby declare that if any person who under this my will would [but for this proviso] be entitled to the possession or receipt of the rents and profits of the said premises hereinbefore devised as tenant for life or as tenant in tail shall be under the age of twenty one years the said George Johnson and Frederic Weatherall and the survivor of them and the executors or administrators of such survivor shall enter into possession or the receipt of the rents and profits of the same premises and shall during the minority of such tenant for life or tenant in tail continue in such possession or receipt and manage or superintend the management of the said premises and may cut timber and underwood from time to time in the usual course for sale or repairs or otherwise and erect pull down and repair houses and other buildings and erections? and drain or otherwise improve all or any of the said premises and insure houses buildings and other property against loss or damage by fire and make allowances to and arrangements with tenants and others and accept surrenders of leases and tenancies and generally may deal with the premises as they or he might do if they or he were the absolute beneficial owners or owner thereof without being answerable for any loss or damage which may happen thereby And shall during such minority by and out of the rents and profits of the said premises including the produce of the sale of timber and underwood pay and discharge the expenses incurred in and about such management or in the exercise of any of the powers aforesaid or otherwise in respect of the premises and all out goings which they or he shall think fit to pay and keep down any annual sum or sums of money which may for the time being be charged upon the same premises or any part thereof and the interest of any principal sum or sums of money which may be charged by way of mortgage or otherwise upon the same premises or any part thereof and apply any annual sum or sums of money which they or he shall think proper according to the age of such minor in or towards the maintenance education advancement or benefit of such minor And shall invest the residue of such rents and profits in their or his names or name in or upon any of the public stocks or funds or government securities of the United Kingdom or upon real securities in England Wales or Ireland [but not in any other mode of investment ] and may from time to time vary the same as to them or him shall seem sweet? And shall accumulate the dividends interest and income of the said stocks funds and securities in the way of compound interest by similarly investing the same and the resulting income from time to time and shall stand possessed of the said rents and profits and the said original and accumulated stocks funds and securities and the dividends interest and income thereof respectively upon the trusts following that is to say If the person during whose minority the said rents and profits shall have been accumulated as aforesaid shall attain the age of twenty one years then upon trust unless the interest of such person shall have arisen and shall determine as next hereinafter mentioned to pay transfer or assign the same to such person his executors or administrators as his personal estate But if such person shall die under the age of twenty one years or if his interest in the said rents and profits shall have arisen under the clause hereinbefore contained providing for the destination of the said rents and profits after the forfeiture of a tenant for life and during a vacancy? or contingency? of issue of such tenant for life and shall determine previously to such person attaining the age of twenty one years by such issue coming into existence then from and after the decease of such person or the birth of such issue as aforesaid Upon the trusts and with and subject to the powers provisos and declarations hereinafter declared and contained of and concerning the monies to arise from a sale in pursuance of the power of sale hereinafter contained and the stocks funds and securities in or upon which such monies are hereinafter authorized to be invested and the dividends interest and income thereof respectively Provided nevertheless that it shall be lawful for the said George Johnson and Frederic Weatherall and the survivor of them and the executors or administrators of such survivor at any time or times during any such minority as aforesaid to apply any part of the accumulations of such minority in such manner for the permanent improvement of the property as they or he shall think fit Provided always and I hereby declare that it shall be lawful for every person hereby made tenant for life of the said premises hereinbefore devised either before or after he shall under this my will be entitled to the possession or to the receipt of the rents and profits of the said premises but subject and without prejudice to the uses and estates producing? The estate of the person for the time being exercising this power and the powers annexed to such preceding? Uses or estates and to the uses or estates limited in exercise of such powers by any deed or deeds with or without power of revoration? And new appointment or by will or codicil to appoint to any woman whom he may marry or have married for her life or for any less period any yearly rent charge or rent charges by way of jointure and in bar or without being in bar of dower and freebeuth? Not exceeding in the whole for any out such woman the yearly sum of five hundred pounds to be charged upon all or any of the said premises hereinbefore devised and to be paid at such time and in such manner as to the person for the time being exercising this power shall seem meet and to appoint to such woman usual powers and remedies for recovering and enforcing payment of the said rent charge or rent charges by distress and entry upon and detention of the possession and possessor? Of the rents and profits of the premises charged therewith and also to appoint the premises so charged to any person or persons for any term of years with or without impeachment of waste upon such usual trusts for better securing the payment of the same rent charge or rent charges respectively as to the person for the time being exercising this power shall seem meet And I hereby declare that the said power of jointuring may be exercised as often as any person for the time being entitled to exercise the same shall marry Provided always that no jointure which may be appointed under the power lastly hereinbefore contained shall become a lieu upon any of the said premises or be payable unless either the person appointing the same shall be or become entitled to the possession or the receipt of the rents and profits of the said premises or some issue of such person shall or if of full age would become so entitled Provided always that the said premises or any of them shall not under the power lastly herein before contained be at any one time subject to the payment of rent charges exceeding in the whole the annual sum of five hundred pounds so that if in consequence of the exercise of the same power the said premises or any of them would but for this proviso have been charged with the payment of rent charges to a larger amount the rent charge or rent charges by which such excess would be occasioned or such part thereof respectively as would occasion or form such excess shall during the continuance of such excess absolutely sink? Into and not be raiseable out of the said premises and the same rent charges respectively shall have preference? And priority of payment according to the priority in order of limitation of the estates of the persons by whom the same shall respectively be charged Provided always and I hereby declare that it shall be lawful for every person hereby made tenant for life of the said premises hereinbefore devised either before or after he shall under this my will for the time being be entitled to the possession or to the receipt of the rents and profits of the same premises by any deed or deeds with or without power of revocation? And new appointment or by will or codicil but subject and without prejudice to the uses and estates preceding? The estate of the person for the time being exercising this power and to the powers annexed to such preceding uses or estates and to the uses or estates limited in exercise of such powers to charge all or any of the said premises hereinbefore devised with the payment of any sum or sums not exceeding in the different events hereinafter specified the different sums hereinafter mentioned as and for the portion or portions of his child or children or any one or more exclusively of the other or others of his children other than the first or only son or daughter entitled under or by virtue of this my will to the same premises for the first estate in tail that is to say if there shall be but one such child other than as aforesaid the sum of three thousand pounds and if there shall be but two such children other than as aforesaid the sum of four thousand pounds and if there shall be but three such children other than as aforesaid the sum of five thousand pounds and if there be four or more such children other than as aforesaid the sum of six thousand pounds to be an interest or interests vested in and to be payable unto or among such child or children or any one or more exclusively of the other or others of such children at such age or time? ages or times in such manner and if more than one in such shares and to be subject to such powers of appointment by the person for the time being exercising this power or any other person or persons and to such provisions for the maintenance education and advancement of any such child or children at the discretion of any trustees or trustee or otherwise and to such other powers and provisions for the benefit of such child or children or some or one of them as the person for the tome being exercising this power shall in manner aforesaid direct and by the same or any other deed or deeds or by will or codicil but subject and without prejudice as aforesaid to charge the premises charged with such portion or portions respectively with the payment of any annual sum or sums of money not exceeding what the interest of the sum or sums of money so charged for a portion or portions would amount to after the rate of four pounds per cent per annum to be applied for or towards the maintenance or education of the child or children for whom the portion or portions charged as aforesaid shall be intended in the meantime until such portion or portions shall become payable and to commence from such period or periods and to be raised and paid and applied in such proportions at such times and in such manner as the person for the time being exercising this power shall in manner aforesaid direct and by the same or any other deed or deeds or by will or codicil but subject and without prejudice as aforesaid to appoint the premises charged as aforesaid to any person or persons for any term or terms of years with or without impeachment of waste upon usual trusts by mortgage or otherwise to raise the principal money and annual sum or sums so charged as aforesaid and the costs and expenses if any to be incurred in or about the execution of the trusts thereof Provided always and I hereby declare that no portion charged under the power lastly herein before contained nor any interest on any such portion nor any part thereof respectively shall become a lieu upon any of the said premises or be payable unless either the person so charging the same shall under this my will be or become entitled to the possession or the receipt of the rents and profits of the same premises or some issue of such person shall or if of full age would become so entitled Provided always and I declare that the said premises or any of them shall not under the power lastly hereinbefore contained become ultimately? Subject to the payment of any greater sum of money in the whole for portions than the principal sum of six thousand pounds so that if by the exercise of the same power the said premises or any of them would but for this proviso have been charged with a greater sum for portions the charge or charges by which such excess would be occasioned or such part thereof respectively as would occasion or form such excess shall absolutely sink into and not be raiseable out of the said premises and the same portions respectively shall have preference and priority according to the priority in order of limitation of the estates of the persons by whom the same shall respectively be charged Provided always and I hereby declare that it shall be lawful for every person hereby made tenant for life of the said premises hereinbefore devised when he shall be entitled to the possession or the receipt of the rents and profits of the same premises and also for the said George Johnson and Frederic Weatherall and the survivor of them and the executors or administrators of such survivor during the minority of any person who under this my will shall or if of full age would be entitled to the possession or the receipt of the rents and profits of the said premises by deed to appoint by way of lease all or any of the same premises for any term of years absolute or determinable? At the option of either party or of one party only not exceeding twenty one years to take effect in possession or within six calender months after the date of the appointment so as there be reserved the best yearly rent or rents that can be reasonably gotten without taking anything in the nature of a fine? or premium and so as there be contained n every such appointment a condition of reeutry? [tenancy]for nonpayment within a reasonable time to be therein specified of the rent or rents thereby reserved and so as the appointee or appointees do execute a counterpart thereof and do thereby covenant for the one payment of the rent or rents thereby reserved and also by deed to appoint by way of lease any part of the same premises to any person or persons who shall improve the same by erecting? Or building thereon any new house erection or building or by rebuilding repairing enlarging or improving any house erection or building then standing thereon or shall covenant or agree so to do within two years after the date of such appointment for any term of years not exceeding ninety nine years to take effect in possession or within six calender months after the date of the appointment so as there be reserved on every such appointment the best yearly rent or rents that can be reasonably gotten without taking anything in the nature of a fine or premium and so as there be contained in every such appointment a condition of recutry? For nonpayment within a reasonable time to be therein specified of the rent or rents thereby reserved and so as the appointee or appointees do execute a counterpart thereof and do thereby covenant for the due? Payment of the rent or rents thereby reserved Provided always that a peppercorn rent or any other smaller rent than the rent to be ultimately made payable may be reserved during all or any part of the first five years of any such term as last aforesaid and also by deed to appoint by way of leases all or any of the mines minerals coals quarries stones clay sand and substances in under or upon the same premises either with or without any messuages buildings lands or hereditaments convenient to be held with the same respectively and either with or without the surface? Of the lands in or under which the same or any part thereof respectively shall be and whether the same have or have not been hitherto opened or worked for any term of years not exceeding sixty years absolute or determinable at the option of the lessee or otherwise to take effect in possession or within six calender months after the date of the appointment together within all such liberties licenses powers and privileges for searching for working getting washing smelting? Burning rendering merchantable? And disposing of the said mines minerals coals quarries stones clay sand and substances as to the person or persons for the time being exercising this power shall seem expedient so as there be reserved on every such appointment the best rents tolls duties royalties or reservations by the acre ton or otherwise that can be reasonably gotten without taking anything in the nature of a fine or premium and so as there be contained in every such appointment a condition of recutry? For nonpayment or nondelivery within a reasonable time to be therein specified of the rents tolls duties royalties or reservations thereby reserved and so as the appointee or appointees do execute a counterpart thereof and do thereby covenant for the one payment or delivery of the rents tolls duties royalties or reservations thereby reserved Provided always that the reservation of rents tolls duties or royalties the amount of which shall vary with or according to the acreage worked or the minerals coals stones clay sand or substances gotten shall not be taken to be in the nature of fine or premium though the effect of such reservation may eventually be disadvantageous to the remainderman? Provided always that in case under any powers of leasing hereinbefore contained any lease shall be made on the surrender of a former lease or agreement for a leases the value of the lessees interest under such surrendered lease or agreement may be taken into account in fixing the terms of the new lease and no lease made under such circumstances shall by reason of such allowance be considered as made otherwise than at the best rent within the untaming? of these presents Provided always and I hereby declare that it shall be lawful for the said George Johnson and Frederic Weatherall and the survivor of them and the executors or administrators of such survivor during the life of any person hereby made tenant for life who shall be entitled to the possession or the receipt of the rents and profits of the said premises hereinbefore devised with his consent in writing and also during the minority of any person who if of full age would be entitled to the possession or the receipt of the rents and profits of the same premises as tenant for life or tenant in tail under this my will at the discretion of the said trustees or trustee for the time being to sell or exchange for other manors lands or hereditaments in England or Wales all or any of the said premises hereinbefore devised and upon any such exchange to give or receive any money for equality of exchange and I hereby declare that any such sale as aforesaid may be made either by public auction or private contract and that the said trustees or trustee for the time being may make any stipulations as to title or evidence or commencement? of title or otherwise in any conditions of sale or contract for sale or exchange of the said premises or any part thereof and may buy in or rescind? Or vary any contract for sale or exchange and resell or re-exchange without being responsible for any loss occasioned thereby and I hereby declare that for effecting any such sale or exchange it shall be lawful for the said trustees or trustee for the time being with such consent or at such discretion as aforesaid by any deed or deeds to revoke all or any of the uses trusts and powers hereinbefore limited and declared or to be limited or declared under the powers hereinbefore contained of jointuring or charging portions of or concerning the said premises or any part thereof but subject to every mortgage or other disposition which may have been made under any of the trusts of any term of years to be limited under the aforesaid powers of jointuring or charging portions and to every lease which may have been granted under any of the powers of leasing hereinbefore contained and by the same or any other deed or deeds to limit or appoint any uses estates or trusts of the same premises or any part thereof which shall be thought expedient and generally for any such purposes as aforesaid to execute and do all such assurances and things as they or he shall think fit and I hereby declare that any of the said premises may be disposed of by way of sale or exchange with an exception or reservation of all or any mines minerals coals quarries stones clay sand and powers of or incidental to the searching for working getting carrying away and disposing of the said minerals coals quarries stones clay sand and substances or otherwise in relation thereto as to the trustees or trustee for the time being of this my will may seem fit and all or any such mines minerals coals quarries stones clay sand and substances may be disposed of by way of sale or exchange with or without such rights or powers as aforesaid separately from or with part only of the surface and in either case with prejudice to any future exercise of the power with respect to the excepted mines minerals or other premises aforesaid [as the case may be] the undisposed of surface or other lands and any purchaser or purchasers or person or persons taking under any such sale or exchange may be required to enter into any covenants or submit any restrictions of any description which the said trustees or trustee may deem beneficial to the property retained or taken in exchange or any pat thereof or otherwise expedient and the assurance of the premises conveyed in exchange or sold may be made in such manner and form as may be expedient for giving effect to every or any such exception or reservation or restriction as aforesaid and I hereby declare that the said trustees or trustee for the time being shall receive all monies which may become payable upon any such sale or exchange as aforesaid and with all convenient speed invest the same in the purchase of other manors lands and hereditaments in England or Wales for an estate in fee simple to be held therewith or with any hereditaments for the time being subject to the subsisting uses or trusts of this my will yet so that during the life of any person hereby made tenant for life who shall be entitled as aforesaid every such purchase be made with his consent in writing and I hereby declare that the said George Johnson and Frederic Weatherall and the survivor of them and the heirs executors or administrators of such survivor shall settle and assure or cause to be settled and assured all the manors lands or hereditaments so to be purchased or taken in exchange as aforesaid to the uses upon the trusts and with and subject to the powers provisions and declarations by and in this my will limited expressed and declared or under the powers hereinbefore contained of jointuring or charging portions to be limited expressed or declared of and concerning the said premises hereinbefore devised or as near thereto as the deaths of parties and other intervening circumstances will admit but not so as to increase or multiply charges or powers of charging Provided always and I hereby declare that it shall be lawful for the said trustees or trustee for the time being by and out of the monies to arise from any such sale or to be received for equality of exchange as aforesaid to pay any money which upon exchange made in exercise of the aforesaid power in that behalf may be payable by the said trustees or trustee for equality f exchange and also to raise any money agreed to be paid by the said trustees or trustee for equality of exchange by mortgage of the hereditaments to be received in exchange or of any other hereditaments for the time being subject to the then subsisting uses or trusts of this my will and for the purposes aforesaid or any of them to execute and do all such assurances and things as they or he shall think fit and no mortgage advancing money upon any mortgage purporting to be made under this power shall be bound to see that such money is wanted or that no more than is wanted is raised Provided always and I hereby declare that it shall be lawful for the said trustees or trustee for the time being upon the request of any person hereby made tenant for life who shall be entitled as aforesaid and if there shall be no such person then at their or his own discretion to apply any money to arise by any such sale or exchange as aforesaid in or towards paying off or discharging any mortgage or other charge or incumberance for the time being affecting all or any of the hereditaments then subject to the subsisting uses or trusts of this my will and I hereby declare that until the money to arise by such sale or exchange as aforesaid shall be disposed of as hereinbefore directed the said trustees or trustee for the time being with the consent of any person hereby made tenant for life who shall be entitled as aforesaid and if there shall be no such person then at their or his own discretion may invest the same or any part thereof in their or his names or name in any public stocks or funds or government securities of the United Kingdom or real securities in England Wales or Ireland [but not in any other modes of investment ] and may vary such stocks funds and securities and I hereby declare that the dividends interest and income of such stocks funds and securities shall be paid and applied to such person or persons for such purposes and in such manner as the rents and profits of the hereditaments to be purchased therewith as aforesaid would be payable or applicable in case such purchase and settlement as aforesaid were then actually made I devise all the copyhold and customary messuages lands tenements and hereditaments of or to which I shall at my death be seized or entitled or over which I shall at my death have a general power of appointment or disposition by will unto and to the use of the said George Johnson and Frederic Weatherall and their heirs according to the custom of the manors of which the same may be respectively holden and at and under the accustomed rents fines heriots? suits and services upon such trusts and with and subject to such powers provisions and declarations as shall correspond with the uses trusts powers provisions and declarations hereinbefore limited and declared of and concerning the freehold premises hereinbefore devised as nearly as the different tenure? And quality of the premises and the rules of law and equity will permit but not so as to increase or multiply charges or powers of charging and I hereby charge the hereditaments hereinbefore devised by me with the payment [but in aid of my personal estate only] of the said several annuities hereinbefore bequeathed by this my will in case the income arising from my personal estate shall not be sufficient to pay and discharge or keep down the same respectively in which event the said annuities respectively are as far as necessary to be paid out of and kept down by the rents and profits of any real estate hereinbefore devised Provided always and I hereby declare that the receipt of the said George Johnson and Frederic Weatherall or the survivor of them or the executors or administrators of such survivor for any money which may become payable on the purchase of any hereditaments which may be sold under the power of sale hereinbefore contained or otherwise on the purchase of any property hereby directed or authorized to be sold or by way of equality of pachition? Or exchange or for any money which may be advanced by any mortgagee or mortgagees upon any mortgage purporting to be made under any power herein before contained of raising money or for any other money which may be paid to the said George Johnson and Frederic Weatherall or the survivor of them or the executors or administrators of such survivor under or by virtue of this my will or in the execution of any of the trusts or powers hereof shall effectually discharge the person or persons paying or transferring the same therefrom and from being bound to see to the application or being answerable for the loss or misapplication thereof Provided always and I hereby declare that if the said trustees hereby constituted or either of them shall die in my lifetime or if they or either of them or any trustee or trustees appointed as hereinafter provided shall after my death die or be abroad or desire to be discharged or refuse or become incapable to act then and in every such case it shall be lawful for the surviving or continuing trustees or trustee for the time being [and for this purpose every refusing or retiring trustee shall be willing to act in the execution of this power be considered a continuing trustee] or for the acting executors or executor administrators or administrator of the last surviving or continuing trustee to appoint a new trustee or new trustees in the place of the trustees or trustee so dieing or being abroad or desiring to be discharged or refusing or becoming incapable to act as aforesaid and upon every or any such appointment as aforesaid the number of trustees may be augmented or reduced and upon every such appointment the trust property shall if and so far as the nature of the property or other circumstances shall require or admit? Be transferred so that the same may be vested in the trustees or trustee for the time being and every trustee so appointed as aforesaid may as well before as after such transfer of the trust property act or assist in the execution of the trusts and powers of this my will as fully and effectually as if I had hereby constituted him a trustee Provided always and I hereby declare that the trustees for the time being of this my will shall respectively chargeable only for such monies stocks funds shares and securities as they shall respectively actually receive notwithstanding their respectively signing any receipt for the sake of conformity and shall be answerable and accountable only for their own acts receipts neglects and defaults respectively and not for those of each other nor for any Banker Broker Auctioneer or other person with whom or into whose hands any trusts monies or securities may be deposited or come? Nor for dispensing wholly or partially with the investigation or production of any title on any mortgage purchase exchange or partition nor for the insufficiency or deficiency of any stocks funds shares or securities nor for any other loss unless the same shall happen through their own wilful default respectively and also that the said trustees or trustee for the time being may reimburse themselves and himself or pay and discharge out of the trust premises all expenses incurred in or about the execution of the trusts or powers of this my will I devise all the hereditaments which at my death shall be vested in me for an estate of inheritance or for all estate which would devolve on my heirs upon any trusts or by way of mortgage and which I shall at my death have power to dispose of by will unto the said George Johnson and Frederic Weatherall and their heirs upon the trusts and subject to the equity of redemption which at my death shall be subsisting or capable of taking effect therein respectively but the money served? On such mortgages shall be taken as part of my personal estate and I hereby appoint my said wife and my said brother the said Joseph Fetherstonhaugh Executrix and Executor of this my will and authorize and empower the acting executors or executor for the time being of this my will to postpone at their discretion calling in the mortgage which I hold on property in the county of Worcester for the sum of forty six thousand pounds for any period not exceeding seven years after my death if the interest thereon be regularly paid and also to pay and satisfy or compromise or compound any debts owing or claimed to be owing by or from me or my estate and any liabilities to which I or my estate may be or may be alleged to be subject and to accept any composition or any security real or personal for any debts owing to me or my estate and allow such time for the payment of any debt or composition [either with or without taking security for the same ] as to them shall seem reasonable and to refer to arbitration and settle all debts accounts questions and things which shall be owing or claimed to be owing from or to me or my estate or be depending or arise between me or my said executors or executor and any other person or persons and generally to act in relation to the premises in such manner as they shall think expedient without being liable for any loss occasioned thereby and I declare it to be my express wish that my executors do employ my solicitors the said George Johnson and Frederic Weatherall or either of them for the time being carrying on the business of the firm of Johnson and Weatheralls to act for them or on their behalf in all matters concerned with the administration of my estate and the execution of the trusts thereof And I express declare that the said George Johnson and Frederic Weatherall or either of them for the time being carrying on the business of the said firm of Johnson and Weatheralls may by themselves or their firm act as solicitors or attorneys for or in relation to my estate and in the execution of all the trusts of this my will or any codicil thereto or to my executors or executor or to any of my trustees or trustee for the time being [including themselves ] and shall be entitled to charge and shall be paid for all business done by them as such solicitors or attorneys in the same manner as if they had not been trustees In witness whereof I the said Alexander Stephenson Fetherstonhaugh the testator have hereunto set my hand this nineteenth day of February in the year of our Lord one thousand eight hundred and seventy two A.S.Fetherstonhaugh
Signed by the said testator as his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses Fredc Weatherall Temple London Solr G.H.Siddens Clerk to Messrs Johnson & Weatheralls Solicitors Temple London
This is a codicil to the last will and testament of me Alexander Stephenson Fetherstonhaugh Esquire which will bears date the nineteenth day of February one thousand eight hundred and seventy two I give to my dear wife Emma Fetherstonhaugh power to select for her own absolute use all or any part of my plate plated articles glass china earthenware books wine and linen in or upon my house and premises No 14 Warwick Square in my said will mentioned instead of the limited power of selection with reference thereto given to her by my said will and I give my said house and premises No 14 Warwick Square to my said wife for her life free of all taxes rates and outgoings as well as free of ground rent as mentioned in my said will I bequeath to my nephew Henry Heylin [in addition to the sum of five hundred pounds bequeathed to him by my said will] the further sum of five hundred pounds and whereas my niece in my will called Maria Heylin but late the wife of Mr Del? Campo of New York has died since the date of my said will and the benefits conferred upon her thereby have lapsed. Now I bequeath after the death of my said wife Emma Fetherstonhaugh to Mary the only daughter of the said Maria del Campo the sum of five hundred pounds and I bequeath to my nieces Emma Heylin and Jane the wife of William Wicks the sum of one hundred and fifty pounds each in lieu of the legacies of twenty pounds each bequeathed to them by my said will and in addition to any other benefit hereby by my said will given to them and I bequeath to Maria Louise Heylin [in my said will named] the sum of fifty pounds in addition to the sum of fifty pounds bequeathed to her by my said will but in lieu of the one hundred pounds bequeathed to her upon the death of my brother and I revoke the bequest in my said will contained of the sum of nineteen guineas to each of the servants living with me at No 14 Warwick Square and Hopton Court at the time of my decease and who shall have been five years in my service at that time and I bequeath to each of my servants Elizabeth Rowland and Louisa Collier the sum of fifty pounds free of legacy duty and to Evan Evans the sum of one hundred pounds free of legacy duty and I bequeath to the said Evan Evans the further sum of fifty pounds free of legacy duty to be paid at the decease of my said wife in addition to the said sum of one hundred pounds and I bequeath to my servant Stephen T William the sum of nineteen guineas and I bequeath the sum of one hundred pounds to the Reverend Jonathon Scurr? Clerk in Holy Orders of Ninebanks Langley Mills Northumberland and I bequeath to my said wife during her life an annuity of one thousand two hundred pounds clear of income tax for her separate use without power of anticipation in lieu of the annuity of one thousand pounds bequeathed to her by my said will and I bequeath to each of my said two nieces Emma Heylin and Jane the wife of William Wicks an annuity of fifty pounds free of legacy duty during their respective lives for their separate use respectively without power of anticipation during present or future coverture and in lieu of the annuities of twenty pounds each [ to be increased to fifty pounds each as in my said will mentioned] bequeathed to them by my said will and I declare that the annuities hereby given to the said Emma Heylin and Jane the wife of William Wicks are not upon the death of my said wife to be increased and I direct that the annuities hereby bequeathed as well as those bequeathed by my said will shall be considered as accruing from day to day and be paid by equal quarterly payments the first quarterly payment to be made three months after my decease I give the sum of one thousand pounds to such person or persons as my said wife shall by her will direct or appoint and I hereby charge the hereditaments devised by my said will with the payment [ but in aid of my personal estate only] of the several legacies and annuities hereinbefore bequeathed as well as with the payment of the several legacies and annuities bequeathed by my said will in case my personal estate or the income accruing therefrom shall not be sufficient to pay and discharge or keep down the same respectively in which event the said legacies and annuities respectively are as far as necessary to be paid out of and kept down by the rents and profits of the real estate devised by my said will and after the death of my said wife I bequeath to my brother Joseph Fetherstonhaugh and to Frederic Weatherall [ in my said will named] the sum of one thousand pounds to be held by them upon the trust next hereinafter mentioned that is to say Upon trust for Alexander the son of my said niece Jane the wife of William wicks to be paid to him when he attains the age of twenty one years and upon trust in the meantime and until the said sum of one thousand pounds shall be payable to invest the said sum of one thousand pounds in Government Stocks funds or securities or upon mortgage of freehold copyhold or leasehold land or houses or upon the debenture bonds or debenture and preference stock of any Railway Company incorporated in England by Act of Parliament or upon any other securities which the said trustees may consider sufficient and safe and may vary such stocks funds and securities and I empower the said trustees to pay and apply the whole or any part of the interest or income to arise therefrom for or towards the maintenance or education of the said Alexander Wicks during his minority and after the death of my said wife I bequeath to the said Joseph Fetherstonhaugh and Frederic Weatherall the further sum of eight hundred pounds to be held by them upon the trusts next hereinafter mentioned that is to say Upon trust to be equally divided between and among the two daughters now living of the said Jane the wife of William Wicks for their separate use when and as they shall respectively attain the age of twenty one years or marry under that age whichever shall first happen the share of either dying unmarried or under the age of twenty one years to go to the survivor And upon trust in the meantime and until the said sum of eight hundred pounds or a share therein shall ---- vest to invest the said sum of eight hundred pounds or such part thereof as shall not be vested in the same manner as is hereinbefore directed with respect to the said last mentioned sum of one thousand pounds and I empower the said trustees to pay and apply the whole or any part of the interest or income to arise from the share of either legatee under the age of twenty one years or unmarried for or towards the maintenance of such legatee and in all other respects I confirm my said will In witness whereof I have hereunto set my hand this fifth day of May one thousand eight hundred and seventy four A.S. Fetherstonhaugh signed and declared by the said Alexander Stephenson Fetherstonhaugh the testator as and for a Codicil to his last will and testament in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses the first letter “a” in the name Featherstonhaugh throughout the said codicil having been first struck out as the same now appears therein Fredc Weatherall Temple London Solicitor Jas Willm Nutt Clerk to Johnson & Weatherall Solicitors
This is a second codicil to the last will and testament of me Alexander Stephenson Fetherstonhaugh Esquire which will bears date the nineteenth day of February one thousand eight hundred and seventy two I desire to express my wish that my Windy Hall Estate situate in the County of Northumberland and the mines minerals and common rights within under or belonging thereto should not nor should any part thereof be in any way sold exchanged or otherwise dealt with or disposed of by its owner for the time being claiming under my said will [ whether in possession or reversion but that it should be kept and preserved in the possession of such owner and I hereby expressly except the said estate and the said mines minerals and common rights with under or belonging to the same from the power of sale and exchange with respect to or over my estates given or conferred by my said will I revoke the said legacies of nineteen guineas to Stephen T William and of five hundred pounds given to Mary the daughter of Maria del Campo by the first codicil to my said will I give an annuity of five pounds free of duty to Mr George Parker of Reyusham in the county of Worcester during his life I bequeath the sum of nineteen guineas to Mary the wife of Henry Rhaun ? of Malvern in the county of Worcester Milkman for her separate use I bequeath to each of my two nieces Emma Heylin and Jane the wife of William Wicks an annuity of one hundred pounds free of legacy duty during their respective lives for their separate use respectively without power of anticipation respectively during coverture and in lieu of any annuities given to them by my said will or the said first codicil thereto but not in lieu of any other benefits conferred thereby and I declare the annuities hereby given to the said Emma Heylin and Jane the wife of William Wicks are not upon the death of my wife to be increased and I hereby direct that the annuity of twenty pounds bequeath to my cousin Thomas Stephenson by my said will shall be free of legacy duty and I bequeath the legacy of one hundred pounds to Maria Louise Heylin [in my said will named] to be paid to her for her separate use after the death of the survivor of them my wife and my brother Joseph Fetherstonhaugh and to be in addition to the benefits given to her by my said will and codicil and whereas by my said will I have desired my said brother but in his absolute discretion to give or secure the sum of one thousand pounds to or for the benefit of my godson Alexander Fetherstonhaugh Stephenson Now I do hereby revoke and make void such desire gift of discretion and in lieu thereof I give to my said brother Joseph Fetherstonhaugh and to Frederic Weatherall of the Inner Temple Gentleman [in my said will named] the sum of one thousand pounds free of legacy duty to hold upon trust to invest the same in or upon such stocks shares funds or securities as are mentioned in my said will and shall if he shall not have assigned charged or incumbered ? the same or have affected so to do pay the interest dividends and annual income thereof to Colonel James Frederick Stephenson now with his regiment in India during his life or until he shall assign charge or incumber the same or affect so to do and after the failure or determination of the said trust in favour of the said James Frederick Stephenson shall pay or transfer the said sum of one thousand pounds or the stocks shares funds or securities in or upon which the same may be invested and the interest dividends and income thereof to his son Alexander Fetherstonhaugh Stephenson and after the death of my wife I give to my said brother Joseph Fetherstonhaugh and the said Frederic Weatherall the sum of five hundred pounds free of legacy duty to hold upon trust for my great nephew Alexander Robert Heylin the son of my late nephew Alexander Heylin when and as he attains the age of twenty one years and if necessary in the mean to invest the same in upon such stocks funds or securities as are mentioned with respect to the sum of two thousand pounds given to his sisters as mentioned in my said will and I bequeath the sum of one hundred pounds to my second cousin Mrs Milburn to be paid to her for her separate use after the death of my wife and after the death of the survivor of them my wife and my said brother I give and bequeath to the said Frederic Weatherall the sum of two thousand pounds upon trust to invest the same in or upon such stocks shares funds or securities as aforesaid and to pay the interest dividends and annual income thereof to my cousin the Reverend Nash Stephenson of Bromyard in the county of Hereford Clerk for his life and after his death to pay and divide the said sum of two thousand pounds or the stocks shares funds or securities in or upon which the same may be invested and the interest dividends and income thereof equally between and amongst such of the sons of the said Nash Stephenson as shall be living at the time of his death and if but one such son then the whole to that one and in case no son of the said Nash Stephenson shall survive him then upon trust to pay and divide the said sum of two thousand pounds or the stocks shares funds or securities in or upon which the same may be invested to or among such person or persons as the said Nash Stephenson shall appoint by his will or any codicil thereto and after the death of the survivor of them my wife and my said brother I give and bequeath to the said Frederic Weatherall the sum of one thousand pounds upon trust to invest the same in or upon such stocks shares funds or securities as aforesaid and to pay the interest dividends and annual income thereof to Mary Anne the wife of Charles Fareday of Curzon Park in the county of Chester for her life for her separate use free from the debts and control of her husband and so that she shall not have power to anticipate the same and after the death to pay the interest dividends and annual income of the said mentioned trust fund to Mary the wife of Alexander Murray for her life for her separate use if she shall survive the said Mary Anne Fareday [free from the debts and control of her husband and so that she shall not have power to anticipate the same and after the death of the survivor of them the said Mary Anne Fareday and Mary Murray Upon trust to pay or divide the said sum of one thousand pounds or the stocks funds shares or securities in or upon which the same may be invested and the interest and dividends and income thereof to or among such child or children of the said Mary Murray as she [notwithstanding coverture ] shall appoint by her will or any codicil thereto and in default of any such appointment and so far as no such appointment shall extend Upon trust to be paid or divided equally amongst the children of the said Mary Murray and if but one child then the whole to that one child And I revoke the bequest of the sum of eight hundred pounds by the first codicil to my said will bequeathed after the death of my said wife Upon trust for the benefit of the two daughters then living of Jane the wife of William Wicks for their separate use as and when they attain the age of twenty one years or marry under the same and in lieu thereof I bequeath after the death of my said wife to the said Joseph Fetherstonhaugh and Frederic Weatherall the sum of five hundred pounds to be held by them Upon trust for and to be equally divided between and among all the children of the said Jane the wife of William Wicks [except their son Alexander Wicks ] as to sons or a son upon attaining the age of twenty one years and as to daughters or a daughter upon attaining that age or marrying under the same and if there shall be but one such child [excepting the said Alexander Wicks who is to take no benefit therein then the whole shall be held in trust for that child and whereas by my said will I have devised my real estate in default of such appointment by my said brother Joseph Fetherstonhaugh as in my said will mentioned and so far as no such appointment shall extend and in default of all issue of my brother to the use of my said great nephew Alexander Robert Heylin son of my said nephew Alexander Heylin and his assigns for his life without impeachment of waste with remainder after his decease to his first and every other son in tail male as in my said will mentioned with an ultimate remainder to the use of my own right heirs for ever Now I do hereby revoke and make void such devises as aforesaid and do hereby in lieu thereof devise my said real estate in default of any such appointment by my said brother as in my said will mentioned and so far as is such appointment shall extend and in default of all issue of my brother to the use of the youngest son now living of my said cousin the said Nash Stephenson and the assigns of such youngest son for his life without impeachment of waste and from and after the decease of such youngest son as aforesaid of the said Nash Stephenson to the use of the first and every other son of such youngest son as aforesaid successively according to their respective seniorities in tail male and in default of such issue unto and to the use of the right heirs of such youngest son as aforesaid of the said Nash Stephenson and in all other respects I confirm my said will and the said first codicil thereto In witness whereof I have hereunto set my hand this twenty fifth day of March one thousand eight hundred and seventy five A.S. Fetherstonhaugh signed and declared by the said Alexander Stephenson Fetherstonhaugh the testator as and for a second codicil to his last will and testament in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses Fredc Weatherall Temple London Solr William Willis Clerk to Johnson & Weatherall Solicitors Temple
Proved at London with two codicils 19th April 1875 by the oath of Joseph Fetherstonhaugh the brother one of the executors to whom Admon was granted power reserved of making the like grant to Emma Fetherstonhaugh widow the relict the other executor
Renunciation of Emma Fetherstonhaugh the other executor dated April 1879 Filed in the Principal Registry pursuant to order dated 11 April 1879