567 Joseph Fetherstonhaugh 1877 Worcester

This is the last Will and Testament of me Joseph Fetherstonhaugh of Hopton Court near thereby of Worcester Esquire.  I revoke all Wills, Codicils and other testamentary dispositions heretofore made by me and do declare this alone to be my last and only Will and Testament. I appoint my cousin The Reverend Nash Stephenson of Bromyard in the County of Hereford, Clerk in Holy Orders and my friend Frederic Weatherall of the Inner Temple in the City of London Gentleman to be the EXECUTORS and Trustees of this my Will.  I bequeath unto the said Nash Stephenson and Frederic Weatherall their executors, administrators and assigns my copy of Hodgson’s History of Northumberland and my copy of Burkes landed gentry for the year one thousand eight hundred and seventy one and all my family papers (a schedule of which I have made and signed) upon trust to allow the same to go, devolve and remain as heirlooms, together with the hereditaments and premises  hereinafter appointed and devised as far as the rules of law and equity will permit but so nevertheless that the same or any part thereof shall not vest absolutely in any person hereby made tenant in tail or unless such person shall attain the age of twenty one years but on the death of any such person as aforesaid the said books and papers shall  go, devolve and remain as if the same had been freeholds of inheritance and had been hereby appointed and devised in strict settlement, accordingly I give to my dear wife Anne Elizabeth Margaret Fetherstonhaugh power to select for her own absolute use all or any part of my jewellery, plate, plated articles, linen, glass or china, earthenware and wine being in or upon any house belonging to occupied by me, such house to be named or selected by her, but this power is only to extend to such of the said articles may be in or upon one house to be named or selected by my said wife.

I direct that my trustees shall permit my said wife, during her life, or so long as she shall please, to have the use and enjoyment, free of all ground and other rent and all taxes, rates and out goings either (as my said wife may select) of the leasehold house and premises known as No14 Warwick Square in the Parish of Saint George in the County of Middlesex and the stables, coach house and premises belonging thereto with the tenants features therein, to which premises I am entitled in remainder, expectant upon the death of my sister in law Emma Fetherstonhaugh, and all my horses, carriages and harness furniture, plate, plated articles, glass, china, earthenware, books, linen, pictures, prints, wines and other articles of personal domestic use and ornament in or upon the same premises or any part thereof or else (as my said wife may select) of my mansion called Hopton Court aforesaid,  in which I now reside and the gardens, pleasure grounds, lands, stables and appurtenances thereunto belonging or used and occupied therewith and of all my horses, carriages and harness furniture plate, plated articles, glass, china, earthenware, books, linen, pictures, prints, wines and other articles of personal or domestic use and ornament in or upon the said last mentioned  premises or any part thereof.  And I empower my said wife in her own absolute discretion, to select within one year from my death, which of the said two residences and premises she would prefer to occupy and use, and I give the same to her, to use and enjoy accordingly, free as aforesaid, living her life, or so long as she shall please.  I bequeath to my said wife, the sum of two hundred and fifty pounds to be paid to her immediately after my decease.  I also bequeath an annuity of one thousand two hundred pound clear of income tax, to my said wife and her assigns, so long as she shall continue my widow, to be considered as accruing from day to day and to be paid by equal quarterly payments on the twenty fifth day of March, the twenty fourth day of June, the twenty ninth day of September and the twenty fifth day of December, in every year the first quarterly payment hereof to be made on such of the said days of payment as shall first happen after my death, if my said wife shall be then living and my widow and to be apportioned payment corresponding to the period which shall have elapsed from my death.

And I bequeath to my old family friends George Johnson of the Inner Temple aforesaid Gentleman and the said Frederic Weatherall the sum of one thousand pounds each.  And as to for and concerning all the rest RESIDUE and remainder of my personal property and estate of every description, I give and bequeath and appoint the same and every part thereof unto Shirley Arthur Stephenson son of the said Nash Stephenson for his own absolute use and benefit.  And whereas by the Will of my late brother Alexander Stephenson Fetherstonhaugh Esquire deceased dated the nineteenth day of February one thousand eight hundred and seventy two all the Manors   ? and messuages, lands, tenements and hereditament of the said testator in the said Will mentioned, thereby stand, limited and devised. To the use of me and my assigns for life without impeachment of  ? and remainder to the use of my first and every other son successor my in tail, with remainder to the use of my first and every other daughter successively in tail with remainder in default of such issue. To the use of such person or persons for such estates or estate ??, and if more than in such shares and with under, and subject to such limitations and remainder, over and charged and chargeable with such sum and sums of money either annual or in gross 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 I shall by Will or Codicil appoint now in default of issue by me and exercise of the said power so reserved? or given to me by the said Will of my said late brother the said Alexander Stephenson Fetherstonhaugh and of all other powers in ?   enabling me in this behalf. I hereby appoint all and singular the freehold and copyhold hereditaments, estates and promises settled by or for the time being subject to the trusts of the said Will or which may have been taken in exchanged for or purchased with the proceeds of any estates settled by the said Will with them and every of their appurtenances. And I also devise all my real Estate of every description to the use of Shirley Arthur Stephenson and his assigns for his life without impeachment of waste and from and after the decease of the said Shirley Arthur Stephenson. To the use of the first and every other son of the said Shirley Arthur Stephenson successively according to their respective seniorities intail and in default of such issue. To the use of the first and every other daughter of the said Arthur Shirley Stephenson successively to their respective seniorities in tail and in default of such issue.  To the use of their right heirs of the said Shirley Arthur Stephenson Provided  always, and I hereby declare that the said Shirley Arthur Stephenson and every person who under this my will shall  become entitled as tenant in tail to the actual possession or to the receipt of the rents and profits of the said premises herein before appointed and devised and who shall not then use and bear the surname and arms of Fetherstonhaugh shall as to the said Shirley Arthur Stephenson within one year after my death or (being then an infant) within one after he shall attain the age of twenty one years, and, as to any such other person as aforesaid within one year after he or she shall so become entitled or (being an infant) within one year after he or she shall attain the age of twenty one years ( unless  the said respective cases and if such person shall be prevented by death) take upon himself or herself and use all deeds and writings which he or she shall sign and upon all occasions the surname Fetherstonhaugh together with and after his or her own family surname and quarter the arms of Featherstonhaugh with his or her own family arms shall within the said one year (unless prevented by death) apply for and endeavour to obtain a proper license  from the Crown or take such other steps as may be required to authorise him or her so to take use and bear the said surname and arms of Fetherstonhaugh and further that in case the said Shirley Arthur Stephenson or any such persons as aforesaid shall refuse or neglect within the said one year to take use and bear such surname and arms or to 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 him being refuse neglect or discontinue as aforesaid shall be the said Shirley Arthur Stephenson the limitation to the use of him and his assigns during his life shall and absolutely determine and if the person who shall so for the time being refuse or discontinue as aforesaid shall be tenant in tail then the limitations under which such person shall be in tenant in tail shall absolutely determine and in their said respective cases the said premises herein before appointed and devised shall immediately go to the person or persons next in reminder under the limitations of this my Will in the same manner as if in the case of the said Shirley Arthur Stephenson he were dead or as if in the case of any person being tenant in tail such person were dead and there was a general failure of issue inheritable under the limitation in tail. Provided always and I hereby declare that the determination under the provision lastly hereinbefore contained of the estate herein before limited to the said Shirley Arthur Stephenson shall not prejudice or affect any of the contingent reminders herein before limited to his issue or any other person and that from and before after such determination as aforesaid the said premises hereinbefore or appointed and devised shall go and remain to the use of the said Nash Stephenson and Frederic Weatherall their heirs and assigns during the life of  the said Shirley Arthur Stephenson and the said Nash Stephenson and Frederic Weatherall their heirs and assigns shall thenceforth during such life pay the rents and profits of the said  premises to or permit the same to be received by the person or persons for their time being entitled under the limitations hereinbefore contained to the first vested estate in remainder expectant on the decease of the said Shirley Arthur Stephenson Provided always. And I hereby declare that if the said Shirley Arthur Stephenson or 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 appointed and devised  as tenants in tail shall ? be under the age of twenty one years the said Nash Stephenson and Frederic Weatherall and the survivor of them and the executors or administration of such survivor shall enter into the possession or the receipt of the rent and profits of the same premises and shall during the minority of the said Shirley Arthur Stephenson such tenant in tail continue in such possession or receipt and manage or superintend the management of the same 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 and 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 same 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 to the premises and all out goings which they or he shall think and 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 or advancement or benefits 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 meet and shall accumulate the dividends interest and income of the said same stocks, funds and securities in the way of compound interest by similarly investing the same and the resulting income from time to time 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 the estate for life of the said Shirley Arthur Stephenson and during a vacancy or contingency of issue of the said Shirley Arthur Stephenson and shall determine previously to such person attaining the age of twenty one years by such issue of the said Shirley Arthur Stephenson 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 and provisos and declarations hereinafter declared and contained of and concerning the monies to arise from sale in pursuance of the power of  sale hereinafter contained and the stock funds and securities in or upon which such monies are hereinafter authorised to be vested and the dividends interest and income thereof respectively. Provided nevertheless that it shall be lawful for the said Nash Stephenson and Frederic Weatherall and the survivor of them and the executors or administrators of such survivor at anytime or times during such minority as aforesaid to apply any part of the accumulations of such minority in such manner for permanent improvement of the property as they or he shall think. Provided always and I hereby declare that it shall be lawful for the said Shirley Arthur Stephenson by any deed or deeds with without power of revocation 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 freebench not exceeding in the whole the yearly sum of five hundred pounds to be charged upon all or of the said premises hereinbefore appointed and devised and to be paid at such time and in such manner as to the said Shirley Arthur Stephenson 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 perception 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 said Shirley Arthur Stephenson shall seem meet. And I hereby declare that the power of jointuring may be exercised as often as the said Shirley Arthur Stephenson shall marry. Provided always and I hereby declare that it shall be lawful for the said Shirley Arthur Stephenson by any Deed or Deeds with or without power of revocation and new appointment or by Will or Codicil to charge all or any of the said premises hereinbefore appointed and devised with the payment of any sum or sums not exceeding in the different events hereinafter specified the different sums hereinafter mentioned as part 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 a first or only son or daughter entitled under or by virtue of this 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 said Shirley Arthur Stephenson 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 said Shirley Arthur Stephenson shall in manner aforesaid direct and by the same or any other deed or deeds or by Will or Codicil to change the premises charged with such portion or portions respectively with the payment of any annual sum or sums 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 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 said Shirley Arthur Stephenson shall in manner aforesaid direct and by the same or any other deed or deeds or by Will or Codicil but subject and without prejudiced 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 trust 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 it shall be lawful for the said Shirley Arthur Stephenson he shall be entitled to the possession or the receipt of the rents and profits of the said premises hereuntofore appointed and devised and also for the said Nash Stephenson and Frederic Wetherall and the survivor of them and the executors or administrators of such survivors during the minority of any person who under this my Will shall of if of full age would be entitled to the possession or the receipt of the rents and profits of the same 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 one party only not exceeding twenty one years to take effect in possession or within six calendar months after the date of the appointment so as there be reserved the best year rent or rents that can be reasonably gotten without taking anything in the nature of a fine or premium. And so as there  contained in every such appointment a condition of  penalty?  for non payment 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 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 ?  is 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 calendar months after the date of the appointment so as there be reserved or 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 there be contained in every such appointment a condition of ?  re-entry 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 or as a last aforesaid. And also by deed to appoint by way of a lease all or any of the mines, minerals, coal, quarries, stones, clay, sand and substances in under or upon the same premises either with or without any messauges, 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 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 calendar months after the date of the appointment together with all such liberties, licences, 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 reservation by the acre, the 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 re-entry 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 due payment or delivery of the rents, tolls, duties, royalties or reservations thereby incurred. 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 mineral, coals, stones, clay, sand or substances gotten shall not be taken to be in the nature of a fine or premium though the effect of such  reservation may eventually be disadvantageous to the remainder man. Provided always that in case under any of the powers of leasing hereinbefore contained any lease shall be made or the surrender of a former lease or agreement for a lease 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 meaning of these presents. Provided always. And I hereby declare that it shall be lawful for the said Nash Stephenson and Frederic Weatherall and the survivor of them and the executors or administrators of such survivor during the life of the said Shirley Arthur Stephenson 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 said premises hereinbefore appointed and devised as tenants 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 or lands or hereditaments in England and or Wales all or any of the said premises hereinbefore appointed and devised and upon any such exchange to give and 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 make any stipulation as to title or evidence or commencement of title or otherwise in any conditions of sale or contract of 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 less occasioned thereby. And I hereby declare that for effectuating 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 power 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 the trusts of any term of years to be limited under the aforesaid power 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 substances in under or upon the same and with or without rights and powers of or incidental to the searching for working, getting, carrying away and disposing of the said mines, mineral, coals, quarries, stones, clay, sand and substances or otherwise in relation thereto as to the trustees or trustee for the time of this my Will may seem fit and all or any such mines, mineral, 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 without prejudice to any future exercise of the power with respect to the excepted mines, minerals or other premise aforesaid or as the case may be the undisposed of surface or other lands and any purchaser or purchasers or person or persons or taking under any such sale or exchange may be required to enter into any covenants or submit to any restrictions of any description which the said trustees or trustee may deem beneficial to the property retained or taken in exchange or any part 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, 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 or hereditaments in England or Wales for an Estate in fee simple convenient to be held with any hereditaments for the time being subject to the subsisting uses or trusts of this Will yet so that during the life of the said Shirley Arthur Stephenson every such purchase be made with his consent in writing if of full age. And I hereby declare that the said Nash Stephenson and Frederic Weatherall and the survivor of them and the heirs, executors or administrators of 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, provisos and declarations by and in this my Will limited, expressed, declared or under the power hereinbefore contained of jointuring or charging portions to be limited, expressed or declared of and concerning the said premises hereinbefore appointed and devised or as near thereto as the death 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 equality of exchange as aforesaid to pay any money which upon any exchange made in exercise of the aforesaid power in that behalf may be payable by the said trustees or trustee for equality of exchange and also to receive any money agreed to be paid to 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 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 or he shall think fit and no mortgagee 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 the said Shirley Arthur Stephenson if of full age or otherwise at their or his own discretion to apply any money to also by any such sale or exchange as aforesaid in towards paying off or discharging any mortgage or any other charge or incumbrance 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 ? by such sale or exchange as aforesaid shall be disposed of as hereinbefore  directed the said trustees or trustee for the time may with the consent of the said Shirley Arthur Stephenson if of full age or otherwise at their or his discretion invest the same or part thereof in their or his names or name in any of the Public stocks or funds or Government Securities of the United Kingdom or upon real securities in England or Wales or Ireland (but not in any other mode of investment) and may vary 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.  And I desire to express my wish that the Windey Hall Estate situate in the County of Northumberland and the Mines, minerals and common rights within under or belonging thereto shall not nor shall any part thereof be in any way sold, exchanged or otherwise dealt with or disposed of by the said trustees or trustee or by its owner for the time being claiming under this my Will whether in possession or reversion but that the same should be retained and preserved in possession.  And I hereby expressly except the said Windey Hall Estate and the said mines, minerals and common rights within, under or belonging to the same and every part thereof from the said power of sale and exchange hereinbefore given with respect to or over the said premises hereinbefore appointed and devised by me.  And I hereby charge the said hereditaments hereinbefore appointed and devised by me with the payment (but in aid of my personal estate only of the said annuity herein before bequeathed to my said wife in case the income arising from my personal estate not be sufficient to pay and discharge or keep down the same) in which event the said annuity is as far as necessary to be paid out of and keep down by the rents and profits of the real estate hereinbefore appointed and devised Provided always.  And I hereby declare that the receipt of the said Nash Stephenson 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 said under the power of the sale hereinbefore contained or otherwise on the purchase of any property hereby directed or authorised to be sold or by way of equality of exchange or for any money which may be advanced by any mortgage or mortgages purporting to be made under any power hereinbefore contained of raising money or any other money which may be paid to the said Nash Stephenson 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 if willing to act in the execution of this power be considered a continuing trustee) or for the acting executors or executor or administrators or administrator of the last surviving or continuing trustee with the consent of the said Shirley Arthur Stephenson during his life and if of full age or otherwise at the discretion of the persons or person for the time being exercising this power to appoint a new trustee or new trustees in the place of the trustee or trustees so dying 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 such trustees may be augmented but not 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 Will shall  be 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 act, receipts, neglects, and default respectively and not for those of each other nor for any Bank, Broker, Auctioneer or other person with whom or into whose hands any trust, 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 or exchange 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 invested in me for an estate of inheritance for any 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 by Will unto the said Nash Stephenson 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 secured on any such mortgage shall be taken as part of my personal Estate.  And I authorise and empower the acting Executors or Executor for the time being of this my Will 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 to allow such time for the payment of any debts or composition  (either with or with out taking security for the same) as to them or him, 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 to be depending or arise between me and my said executors or executor and any other persons or person and generally to act in relation to the premises in such manner as they or he shall think expedient without being liable for any loss occasioned thereby.  And I declare it to be my express wish that my said trustees and 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 Weatherall act for them or on their behalf in all matters connected with the administration of my estate and the execution of the trusts thereof and that notwithstanding that the said Frederic Weatherall is hereby appointed one of my executors and I expressly declare that the said George Johnson and Frederic Weatherall may by themselves or their firm act as Solicitors or Attorney for or in relation to my estate and in the execution of all 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 shall entitled to charge and shall be paid for all business done by them as such Solicitors or Attorneys in the same manner as if the said Frederic Weatherall had not been appointed an Executor and Trustee.  In witness thereof I have to this my last Will and testament contained in sixteen sheets of paper set my hand this eleventh day of May one thousand eight hundred and seventy five--------Joseph Fetherstonhaugh------signed and declare by Joseph Fetherstonhaugh the testator as and for his last Will and Testament in the presence of us persons at the same time who in his presence at his request and in the presence of each other have hereunto subscribed names as witnesses-------GH Siddens 75 Aldred Road Kennington Park Solicitors Clerk-------Edmund Sheppard 1 Marlborough Court Carnaby Street Golden Square Solicitors Clerk

This is a second Codicil to the last Will and Testament of me Joseph Fetherstonhaugh Esquire which Will bears date the eleventh of May one thousand eight hundred and seventy five.  Whereas my cousin The Reverend Nash Stephenson in my said Will and the first Codicil thereto, also dated the eleventh of May one thousand eight hundred and seventy five, named has died since the date and execution of the said Will and first Codicil.  Now I appoint John Swinton Isaac of Worcester Old Bank Esquire to be a Trustee and EXECUTOR of my Will and the said first Codicil thereto in the place of the said Nash Stephenson with all the estates, trusts and powers by my said Will

or the said first Codicil thereto vested or given in or to the said Nash Srephenson (jointly with my friend Frederic Weatherall therein named) or intended so to be the intent that my said Will and the said first Codicil thereto shall take effect as if in every devise and bequest upon trust in my said Will

and the said first Codicil thereto contained and generally throughout my said Will and the said first Codicil thereto the name of the John Swinton Isaac had been substituted for that of the said Nash Stephenson.  And I bequeath to the said John Swinton Isaac (if he shall prove my said Will and the Codicils thereto ) the sum of five hundred pounds. And whereas I am given to understand that my wife Anne Elizabeth Margaret Fetherstonhaugh that she would prefer to reside at No 14 Warwick Square in my said Will mentioned. And whereas it may so happen that No 14 Warwick Square may at the time of my death be in the occupation of my sister in law Emma Fetherstonhaugh.  Now I direct that if it shall so happen as last aforesaid my said wife shall be permitted to reside free of all rent and taxes, rates and outgoings at my Mansion called Hopton Court in my said Will mentioned, and to have the use of the same and gardens, pleasure grounds, land, stables and appurtenances thereunto belonging or used and occupied therewith as long as she pleases or until No 14 Warwick Square shall become vacant or she otherwise becomes by selection entitled to occupy the same free of all rent and taxes, rates and outgoings under the provisions in that behalf of my said Will.  And if it shall happen at my death that I am not entitled to the possession of No 14 Warwick Square or that I have not any furniture, articles, chattels or effects there, of the character next hereinafter mentioned which my said wife can select to use during her life then my said wife shall be entitled to have the use and enjoyment during her life or so long as she pleases (and for that purpose to remove the same or part thereof if  she wishes from Hopton Court to No14 Warwick Square of all my horse, carriages and harness, furniture, plate, plated articles, glass, china, earthenware, books, linen, pictures, prints, wine and other articles of personal or domestic use and ornament in or upon my said Mansion of Hopton Court or the gardens, pleasure grounds, land, stables and appurtenances thereunto belonging or used and occupied therewith.  But this direction is to be without prejudice to the right of selection of furniture, articles, chattels and effects of the nature aforesaid given by my said Will to my said wife in the event of both Hopton Court and No 14 Warwick Square being in possession as furnished residences at the time of my death.  And in all other respects. I hereby confirm my said Will as altered by the said first Codicil and this Codicil thereto.  In witness whereof I have hereunto set my hand this twenty sixth day of February one thousand eight hundred and seventy seven ------Joseph Fetherstonhaugh------signed and declared by the said Joseph 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 this ?  ?  at his request and in the presence of each other have hereunto subscribed our names as witnesses---Samuel Edward Wishaw Simmonds-----Samuel Johnson Clerks to Messrs Johnson & Weatherall Solicitors Temple London

Proved at London with 2 Codicils 27 April 1877 by the oaths of Frederic Weatherall the Executor named in the Will and John Swinton Isaac Esquire named in the second Codicil to whom Admon was granted