Rev Charles HOLLAND [1738]
- Born: 25 Aug 1816, Epsom SRY
- Baptised: 2 Dec 1816, St Margaret Westminster MDX
- Marriage (1): Emily TORLESSE [1673] on 1 Jan 1850 in Stoke By Nayland SFK
- Died: 26 Apr 1910, Lynchmere nr Haslemere aged 93
- Buried: St Peter's Lynchmere SSX
General Notes:
Charles was Vicar of St Stephens Ipswich, Shiply Horsham, and Petworth until he retired in 1896 to London. He then moved to "Watchers" Lynchmere, near Haslemere. Died aged 93 Alternative year of birth 1817.
University and Clerical Intelligence. The following appointments have taken place: The Rev Charles Holland, BA, of Catharine Hall, to the Rectory of St Stephen, in Ipswich, Suffolk. London Evening Standard 23 August 1845.
The Church. Rectories. The Rev Charles Holland, BA, St Catherine's College, Cambridge, to Petworth Rectory, Sussex. Value L856 with residence. Bucks Herald 23 April 1859.
Birth: Aug. 25, 1816 Epsom Epsom and Ewell Borough Surrey, England Death: Apr. 26, 1910 West Sussex, England.
District News. Ecclesiastical. On the 17th inst the Lord Bishop of Chichester instituted the Rev Charles Holland, MA, to the rectory of Petworth, vacant by the death Of the Rev T Sockett, on the presentation of Lord Leconfield. Hampshire Telegraph 28 May 1859
Petworth. On Sunday last, sermons were preached in the Parish Church on behalf of the distressed cotton spinners, in the morning and evening by the Rev Charles Holland, Rector, and in the afternoon by the Rev Walter Purton, Curate. The collections after the services amounted to L272 4s 2d. Arrangements are being made for weekly collections from house-to-house throughout the parish. Brighton Gazette 20 November 1862.
F'cap 8vo 16pp one penny. The Hand of the Lord Is upon Our Cattle. A Tract for general distribution. By the Rev Charles Holland, MA, Rector of Petworth Sussex. Suffolk Chronicle 3 March 1866. An outbreak of Rinderpest 1866/67.
Fashionable Intelligence. . . . . . The Rev Charles Holland and Mrs Holland have left Petworth Rectory for Tunbridge Wells, and will be away for some time. . . . . Kent and Sussex Courier 30 August 1886
The Rainfall in August. The Rev Charles Holland, of Petworth Rectory, writes to the Times: I have registered the rainfall in this part of the country for the last 40 years. In no year do I find record of such a wet August as in this year. We have had within a little of 8 inches, (7.86 inches) in 20 days. In 1879 the amount was 7.1 inches; this was followed by 5.45 in September. In 1881 I registered 5.94, followed by a little less than 3 in September. I may add the rainfall in India, my son writes from Simla: "The rain has at last come with a vengeance. We have had 13.5 inches in 32 hours last week out of which 6 inches fell in 7 hours." Dundee Evening Telegraph 2 September 1891.
Inscription: In Loving Memory of The Revnd. Charles Holland, M.A. Born Aug 25th 1816 Died April 26th 1910 Thou Will Keep Him in Perfect Peace Burial: Saint Peter's Churchyard Linchmere Chichester District West Sussex, England Created by: Don Knibbs Record added: Mar 06, 2015 Find A Grave Memorial# 143390443
Holland the Rev Charles of Watchers Linchmere SSX clerk died 26 Apr 1910 Probate London 12 May 1910 to Emily Holland Widow the Rev Ernest Augustus Eardley-Wilmot clerk Cecil Maurice Chapman police magistrate and George Lawrence Stewart solicitor. Effects. L71253 14s 10d The National Probate Calendar
Other Records
1. Census: England, 7 Jun 1841, Langley Farm Beckenham KEN. Charles is recorded as aged 24 a clergyman not born in Kent
2. Census: England, 30 Mar 1851, St Stephen Ipswich SFK. Charles is recorded as head of house married aged 34 Rector of St Stephen Ipswich born Epsom SRY
3. Census: England, 8 Apr 1861, Petworth SSX. Charles is recorded as head of house married aged 44 the Rector of Petworth born Epsom SRY
4. Census: England, 2 Apr 1871, The Rectory Petworth SSX. Charles is recorded as head of house married aged 54 Rector of Petworth born Epsom SRY. The 1871 census records a Governess in the house and a Nurse
5. Census: England, 5 Apr 1891, Hillside Leatherhead SRY. Charles is recorded as a father married aged 75 a clergyman of the Church of England Rector of Petworth SSX
6. Census: England, 31 Mar 1901, Linchmere SSX. Charles is recorded as head of house aged 84 retired clergyman Church of England born Epsom SRY
7. Rev Charles Holland: Will, 11 Nov 1904. 169 THIS IS THE LAST WILL AND TESTAMENT of me The Reverend Prebendary CHARLES HOLLAND of Watchers Linchmere in the county of Sussex Clerk in Holy Orders 1. I revoke all my former wills and codicils. 2. I appoint my wife Emily Holland my son-in-law The Reverend Prebendary Ernest Augustus Eardley-Wilmot of St Jude's Vicarage South Kensington Clerk in Holy Orders Cecil Maurice Chapman of 24 Buckingham Gate London Police Magistrate and George Lawrence Stewart of 44 Lincolns Inn Fields London Solicitor to be TRUSTEES and EXECUTORS of this my will (and they are hereinafter referred to as "my trustees") And I bequeath the sum of one hundred pounds free of all duty to each of them the said Ernest Augustus Eardley-Wilmot Cecil Maurice Chapman and George Lawrence Steuart who shall prove this my will and act as trustee thereof Page 2 3. I confirm the settlement made on the marriage of myself and my said wife and the gift to my said wife in my lifetime of my freehold property in North Street Petworth 4. And whereas I have had issue by my Marriage with my said wife four sons namely (1) Arthur Charles Holland (2) Walter Lancelot Holland (3) Frederick Catesby Holland and (4) Percy Holland and five daughters namely (1) Emily Dora Eardley-Wilmot now deceased formerly the wife of The Reverend Ernest Augustus Eardley-Wilmot (2) Katherine Louisa Durrant the wife of the Reverend Charles Aubrey Durrant (3) Edith Priscilla Gurdon the wife of Philip Gurdon Esquire (4) Ethel Mary Holland and (5) Violet Torlesse Holland and I have on the marriage of each of my said sons Arthur Charles Walter Lancelot Frederick Catesby and Percy and my said daughters Emily Dora deceased and Katherine Louisa paid to him or her the sum of one thousand pounds or settled the same on his or her behalf and I have already satisfied the covenant given by me on the marriage of my said daughter Edith Priscilla for the payment of a gross sum of two thousand pounds on my death by payment of the amount in my lifetime And I have also covenanted for payment within six months after my death of the sum of one thousand two hundred and fifty pounds to my said son Frederick Catesby And whereas I think that owing to the delicate health of my granddaughters Mary Dora Eardley-Wilmot and Irene Eardley-Wilmot daughters of my said daughter Emily Dora deceased some special provision should be made for them 5. I devise my freehold hereditaments and premises known as Watchers in the parish of Linchmere in the county of Sussex where I am now residing with the gardens and land thereto belonging or adjacent thereto or in the neighbourhood thereof unto and to the use of my said wife for her life she keeping the same premises in decorative repair and keeping up the said gardens and paying all rates and taxes premiums of insurance against fire and other outgoings in respect of the same hereditaments and premises but the said hereditaments and premises are to be otherwise repaired or improved as occasion may require or my trustees may think fit out of the income of my Cadogan Place property hereinafter devised upon trust for sale or out of the investments representing the moneys to arise from a sale thereof or of any part thereof or out of the income of my other (if any) residuary real estate Provided always and I hereby declare that my trustees may provide for any expenditure exceeding in any one year the sum of twenty five pounds on such repairs or improvements as aforesaid out of capital instead of income if they think fit so to do And from and after the decease of my said wife I devise the same hereditaments and premises unto and to the use of my trustees Upon trust that my trustees shall sell the same and shall stand possessed of the net proceeds of such sale Upon trust in the first place to raise thereout a capital sum of one thousand pounds for each of my said surviving daughters Katherine Louisa Edith Priscilla Ethel Mary and Violet Torlesse Page 3 and a like capital sum of one thousand pounds for my said granddaughters Mary Dora Eardley Wilmot and Irene Eardley Wilmot And as to the residue of the said net proceeds Upon trust for my said four sons Arthur Charles Walter Lancelot Frederick Catesby and Percy in equal shares as tenants in common Provided always and I declare that the share of such residue of each of them my said sons Arthur Charles and Frederick Catesby shall be retained and held by my trustees upon the like trusts and with and subject to the like powers and provisions as are hereinafter contained concerning the share hereinafter provided for him of the monies to arise from the sale of my said Cadogan Place property and the capital sum of one thousand pounds hereinbefore provided for each of them my said surviving daughters shall be retained and held by my trustees upon the like trusts and with and subject to the like powers and provisions as are hereinafter contained concerning the capital sum of five thousand pounds hereinafter provided for her (save and except no part of the capital sum of one thousand pounds hereinbefore provided for either of my said daughters Edith Priscilla Ethel Mary and Violet Torlesse shall be raised during the life of a said wife without her consent in writing) and the capital sum of one thousand pounds hereinbefore provided for my said granddaughters Mary Dora Eardley Wilmot and Irene Eardley Wilmot shall be held by my trustees Upon trust for such of my same granddaughters as shall survive me and shall attain the age of twenty one years or marry under that age and if more than one in equal shares as tenants in common And in case either of my said granddaughters shall be under twenty one and unmarried at the date of my death I direct that her share of the said capital sum of one thousand pounds shall be invested by my trustees in their names in any mode of investment hereinafter authorised with power to vary such investments at their discretion and that the whole or any part of the income thereof shall during her minority and spinsterhood be applied by my trustees at their discretion for or towards her maintenance education or benefit and either directly or by paying the same to her part or guardian without seeing to the application thereof and that any surplus income shall be accumulated by the investment thereof and of the resulting income thereof as an addition to the capital of her share but with power for my trustees to apply any such accumulations in any subsequent year for her maintenance education and benefit 6. I devise to my trustees my eight freehold houses numbers 17 18 20 21 23 24 2b and 26 Cadogan Place London with the stables in the rear of number 23 known as Number 2 Little Cadogan Place (all of which freehold houses and stables are hereinafter referred to as "my Cadogan Place Property") and all other my real estate not hereby or by any codicil hereto otherwise specifically disposed of To hold the same unto and to the use of my trustees in fee simple Upon trust that my trustees shall sell the same and invest in manner hereinafter directed the net monies to arise from such Page 4 sale and shall by and out of the annual income of the same moneys and investments pay to my said wife during her life the annual sum of nine hundred pounds to commence from my death and to be considered as accruing from day to day but to be payable half yearly and the first half yearly payment thereof to become due at the expiration of six calendar months next after my death And upon further trust that my trustees shall after the death of my said wife raise out of the capital of the said moneys and investments a capital sum of five thousand pounds for each of my said surviving daughters Katherine Louisa Edith Priscilla Ethel Mary and Violet Torlesse and a like capital sum of five thousand pounds for the family of my said daughter Emily Doradeceased and also shall during the lifetime of my said wife and out of the annual income of the said moneys and investments raise in respect of each such capital sum an annual sum equivalent to interest at three pounds per cent per annum on such capital sum each such annual sum to commence from my death and to be considered as accruing from day to day but to be payable half yearly the first half yearly payment thereof to be made at the expiration of six calendar months next after my death and my trustees shall also after the death of my said wife and in the meantime and until the respective capital sums aforesaid shall be actually raised pay cut of the annual income of the said moneys and investments interest at the rate of four pounds per cent per annum payable half yearly on the respective capital amounts so for the time being remaining unraised And I declare that the annual sum or interest (as the case may be) so raisable or payable in respect of each of the said capital sums of five thousand pounds as aforesaid shall be applied in such manner as the annual income of the same capital sum and the investments thereof would for the time being be applicable under the provisions hereinafter contained if such capital sum had fallen into possession and been actually raised and invested And I declare that subject to the trusts aforesaid my trustees shall stand possessed of the net moneys to arise from the sale lastly hereinbefore directed and the investments thereof and the annual income thereof respectively Upon trust for and equally between my said four sons Arthur Charles Waiter Lancelot Frederick Catesby and Percy but the provisions hereby made for my said surviving daughters the family of my said daughter Emily Dora deceased and my said sons Arthur Charles and Frederick Catesby respectively are to be subject to the further provisions hereinafter contained 7. I bequeath to my said wife for her own use all the watches jewels ornaments of the person trinkets wearing apparel plate and plated articles furniture linen glass china pictures prints books and other articles of household use or ornament horses carriages saddlery harness stable furniture live and dead stock tools implements utensils wines liquors household and other consumable stores and provisions of or to which respectively I shall be possessed or entitled at the time of my death Page 5 8. I bequeath the following pecuniary legacies that is to say To my said wife the sum of two hundred and seventy five pounds to answer her immediate occasions To each of my said surviving sons and daughters the sum of one hundred pounds To each of my said unmarried daughters Ethel Mary and Violet Torlesse the sum of one thousand pounds to be settled as hereinafter is provided To Amy Holland the wife of my said eldest son Arthur Charles the sum of one hundred pounds To Edith Augusta the wife of my said son Walter Lancelot the sum of fifty pounds To Rose the wife of said son Percy the sum of fifty pounds To each of my seven grandchildren Charles Revell Eardley Wilmot the said Mary Dora Eardley Wilmot Eardley Holland Aubrey Durrant Evelyn Holland Winifred Amy Holland and Enid Holland the sum of ten pounds To my servant Mary Lucas if in my service at my death the sum of twenty pounds or if she shall previously and at her own free will have left my service then the sum of ten pounds To Nurse Annie Boulding whether again in my service or not the sum of ten pounds To all other servants whether indoor or outdoor who shall be in my service at my death and shall have been in such service for two years immediately preceding and not given or received notice to leave the sum of five pounds each And I direct that with respect to any of the said legatees who may be an infant at my death any legacy not exceeding one hundred pounds hereby bequeathed to him or her shall be paid to his or her father guardians or guardian whose receipt shall be a discharge for the same and may be applied for his or her benefit as such father guardians or guardian may think fit 9. I bequeath to my trustees my moneys and investments of money and other personal estate not hereby or by any codicil hereto otherwise specifically disposed of and which I can dispose of by will in any manner I think proper Upon trust that my trustees shall call in sell and convert into money such part of my said personal estate as does not consist of ready money and shall out of the money to arise from the calling in sale and conversion aforesaid and my ready money pay my funeral and testamentary expenses and debts except the mortgage debt hereinafter mentioned on my Cadogan Place property and shall also pay the pecuniary legacies hereby or by any codicil hereto bequeathed and the legacy duty thereon and all estate settlement estate and succession duties and all other Government duties payable under this my will and all expenses connected with the payment clear of all duties or deductions of any kind whatsoever to my respective children or their trustees and my said grandchildren Mary Dora Eardley Wilmot and Irene Eardley Wilmot of the funds and property or shares thereof hereby provided for them respectively (all which payments are to be made primarily out of my pure personal estate or the proceeds thereof) and subject to the payments aforesaid shall out of the residue of the said monies pay and discharge any principal money and interest which at my death may be charged by Page 6 way of mortgage upon my Cadogan place property or any part thereof and shall stand possessed of the residue of the same moneys Upon trust for and equally between my said four sons Arthur Charles Walter Lancelot Frederick Catesby and Percy but subject as to the shares of my said sons Arthur Charles and Frederick Catesby respectively to the further provisions hereinafter contained Provided always and I hereby declare that if my personal estate shall be insufficient for the payments hereinbefore provided to be made thereout in priority to the said trust for my said four sons then my trustees shall notwithstanding the trusts hereinbefore declared concerning my Cadogan Place property and the capital monies to arise from the sale thereof raise any sums for the purposes of all or any of the said payments out of the capital monies to arise from the sale of my Cadogan Place property or any part or parts thereof as my trustees shall think fit and in priority to all other payments thereout 10. I declare that the shares hereinbefore provided for my said son Arthur Charles (hereinafter referred to as my said son Arthur) in the moneys to arise from the sale of my Cadogan Place property and other my real estate hereinbefore devised to my trustees Upon trust for sale as aforesaid and the investments of such moneys and in the moneys to arise from the sale calling in and conversion into money of my personal estate hereinbefore bequeathed to my trustees upon trust for sale calling in and conversion into money (and including my ready money aforesaid) shall be retained by my trustees upon the trusts following that is to say I declare that my trustees shall stand possessed of the same shares (hereinafter referred to as "my son Arthur's shares") Upon trust that my trustees shall either retain any investments forming part of my son Arthur's shares or shall with the consent of my said son Arthur and his present or any future wife during their joint lives or of the survivor of them during his or her life and after the death of the survivor at the discretion of my trustees sell call in and convert into money the same or any of them and shall with the like consent or at the like discretion invest in their names the money arising thereby and also any capital money retained in respect of my son Arthur's shares in any mode of investment hereinafter authorised with power to vary such investments with such consent or at such discretion as aforesaid And shall stand possessed of the investments so retained or made (which are hereinafter included in the expression "my son Arthur's shares") and of the annual income thereof respectively upon the trusts following that is to say If my said son Arthur should be then living and should not be an undischarged bankrupt and if no act should have been done or suffered and if no event should have happened whereby the trust next hereinafter declared if subsisting would be determined then my trustees shall pay the annual income of my son Arthur's shares to my said son Arthur during the residue of his life Page 7 or until he attempts to alien charge or anticipate the same or any part thereof or is adjudged a bankrupt or takes proceedings for liquidation in bankruptcy or make any arrangement or composition with his creditors having the effect of a charge upon or alienation of the said annual income or any part thereof or until he does or attempts to do so or suffers any other act or thing or until any other event happens whereby if the same income were payable to him absolutely for his life he would he deprived of the right to receive the same or any Part thereof in any of which cases as well as on the death of my said son Arthur which first happens the trust hereinbefore declared for payment to him of the said income is to determine And if the trust aforesaid should fail or determine in his lifetime then my trustees shall during the residue of his life apply the said annual income for the maintenance and support or otherwise for the benefit of all or any one or more exclusively of the other or others of my said son Arthur and his present or any future wife if living and his issue for the time being in existence as my trustees in their sole discretion without being liable to account for the exercise of such discretion think fit or if there should for the time being be no object in existence other than my said son Arthur of the same discretionary trust or power then for the maintenance and support or otherwise for the benefit of all or any one or more exclusively of the other or others of him and the person or persons who would if he were actually dead intestate be entitled to my son Arthur's shares or the income thereof as my trustees in their sole discretion without being liable to account as aforesaid think fit And after the death of my said son Arthur my trustees shall pay the said annual income to his present wife during her life And I declare that after the death of the survivor of my said son Arthur and his present wife the capital and income of my son Arthur's shares shall be held In trust for all or such one or more exclusively of the other or others of the issue of my said son Arthur (whether a child or children or a remoter descendant or remoter descendants) to be born during the life of my said son Arthur at such age or time or respective ages or times if more than one in such shares and with such future or executory or other trusts for the benefit of the said issue or some or one of them and with such provisions for their respective advancement either overreaching the interests prior to this power or not or maintenance or education at the discretion of my trustees or of any other persons or person and upon such conditions with such restrictions and in such manner as my said son Arthur shall by any deed or deeds or writing or writings sealed and delivered with or without power of revocation and new appointment or by will or codicil appoint And in default of any such appointment and so far as no such appointment shall extend In trust for all the children or any the child of my said son Arthur who being sons or a son shall attain the age of twenty one years or being daughters or a daughter shall attain that age or marry under that age and if more than one in equal shares as tenants in common Provided always that no Page 8 child who or whose issue shall take any part of my son Arthur's shares under any appointment in Pursuance of the power lastly hereinbefore contained shall in default of appointment to the contrary have or be entitled to any share of that part of which no such appointment shall have been made of my son Arthur's shares without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly Provided always and I declare that it shall be lawful for my trustees after the death of my said son Arthur or in his lifetime with his consent in writing to raise any part or parts not exceeding altogether one half of the then expectant or presumptive or vested share of any issue of his under the trusts hereinbefore declared and to pay or apply the same for the preferment or advancement or otherwise for the benefit of such issue as my trustees shall think fit Provided always and I declare that if there shall be no child of my said son Arthur who being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry under that age then (subject and without prejudice to the trusts hereinbefore declared) my trustees shall stand and be possessed of and interested in my son Arthur's shares and the annual income thereof or of and in so much thereof respectively as shall not have become vested or been applied under any of the trusts or powers herein contained Upon trust for such person or persons as my said son Arthur shall by will or codicil appoint And in default of and until and subject to any such appointment In trust for such person or persons as under the Statutes for the Distribution of the Effects of Intestates would have become entitled thereto at the decease of my said son Arthur had he died possessed thereof intestate and without having been married such persons if more than one to take as tenants in common in the shares in which they would have taken under the same statutes And I empower my said son Arthur notwithstanding any of the trusts hereinbefore contained from time to time or at any time by deed revocable or irrevocable or by will or codicil to appoint to or for the benefit of any wife whom he may hereafter marry and who may survive him during the residue of her life or any less period all or any part of the annual income of my son Arthur's shares or so much thereof as shall not before his death have been paid or applied under any of the powers hereinbefore contained And I declare that upon any such appointment the trusts and powers herein limited to take effect after the death of my said son Arthur shall take effect only after the determination of and in the meantime subject to the interest limited by any such appointment 11. I empower and direct my trustees at any time or times during the lifetime and at the request in writing of my said son Arthur by and out of the capital of my son Arthur's shares to levy and raise any sum or sums of money not exceeding in the whole the sum of two thousand five hundred pounds and invest the same in the purchase from Page 9 Government or any public company in the names of my trustees of an annuity or annuities for the lives or life of my said son Arthur and his present or any future wife and the survivor of them or for their joint lives only or for the life of my said son Arthur only or for the life of his said present or future wife only as he my said son. Arthur shall in writing direct And I declare that my trustees shall pay or apply every or any such annuity so purchased as last aforesaid to the person or persona or in the manner to whom or in which the annual income of the monies laid out in the purchase thereof would for the time being be payable or applicable if no such purchase had been made 12. I hereby declare that the like shares hereinbefore provided for my said son Frederick Catesby (hereinafter referred to as my said son Frederick) shall be retained by my trustees Upon such or the like trusts and with and subject to such or the like powers in favor or for the benefit (during the life of my said son Frederick) of him and any future wife of his and his issue and the person or persons who would if he were actually dead intestate be entitled to the said shares or the income thereof and (after the death of my said son Frederick) his issue children or child testamentary appointees or statutory next of kin as are in paragraph 10 hereof contained with respect to my son Arthur's shares in favor or for the benefit of my said son Arthur and any future wife of his and his issue children or child persons who would be entitled if he were actually dead intestate his testamentary appointees or statutory next of kin respectively and so that all powers by the said paragraph 10 hereof conferred on my said son Arthur in respect of my son Arthur's shares shall in respect of the said shares provided for my said son Frederick be exerciseable by him my said son Frederick and so that he my said son Frederick shall in respect of his said shares have the like power of appointing income to a future wife as is by the said paragraph 10 hereof conferred on my said son Arthur Provided always and I hereby empower and direct my trustees at any time or times during the lifetime and at the request in writing of my said son Frederick by and out of the capital of the shares so as aforesaid provided for him my said son Frederick and directed to be retained by my trustees upon trust as aforesaid or the funds for the time being representing such shares to levy and raise any sum or sums of money not exceeding in the whole the sum of one thousand two hundred and fifty pounds and pay the same sum or sums to him for his absolute use and benefit if required by my said son Frederick so to do (but only if he shall not at the time of making such request be an undischarged bankrupt) or at the option of my said son Frederick to invest the same in the purchase from Government or any public company in the names of my trustees of an annuity or annuities for the lives or life of my said son Frederick and any future wife of his and the survivor of them or for their joint lives only or for the life of my said son Page 10 Frederick only or for the life of any such future wife only as he my said son Frederick shall in writing direct And I declare that my trustees shall pay or apply every or any such annuity so purchased as last aforesaid to the person or persons or in the manner to whom or in which the annual income of the monies laid out in the purchase thereof would for the time being be payable or applicable if no such purchase had been made And I declare that notwithstanding anything hereinbefore contained my said son Frederick may at any time alienate charge or otherwise deal with the said sum of one thousand two hundred and fifty pounds or any part thereof before the same shall have been actually raised and paid to him 13. Whereas I have advanced to my said son Arthur a sum of two hundred pounds the repayment of which with interest thereon he has secured to me by a memorandum of charge under his hand dated the fourteenth day of October one thousand nine hundred and two Now I hereby declare that if my said son Arthur or any other child of mine shall at my death be indebted to me in any sum of money and shall not repay the same and all interest due in respect thereof to my estate within six calendar months after my death then unless I shall expressly declare otherwise in writing such sum together with all arrears of interest remaining due thereon shall be brought into account by such child as part of the share of my estate bequeathed to or in trust for such child and be deemed to be an advance to such child out of such share and such child shall pay to my estate interest thereon at the rate of five per cent per annum from the day of my death until such share shall be set apart and appropriated for such child but shall not at any time be required to repay the amount so brought into account nor to pay any interest in respect thereof after such setting apart and appropriation Provided always that it shall be lawful for such child at any time before such setting apart and appropriation to repay to my estate the whole or any part of such amount as aforesaid and thereupon the interest payable in respect of any sum so repaid shall cease to be payable 14. Whereas by a memorandum of agreement under his hand dated the fifth day of November one thousand nine hundred and two my said son Frederick agreed for the consideration therein mentioned to retransfer to me on the third day of February then next or at any time thereafter on demand certain shares therein mentioned or at his own cost to effect the purchase for me of similar shares of the same face value and further agreed that in case he should fail to perform the agreement on his part thereinbefore contained I should be at liberty at any time and from time to time to purchase at his cost such shares as aforesaid and that he would repay to me the amount of the total cost to me in connection with such purchase on demand with interest on such cost at the rate of five per cent per annum until payment Now I hereby declare that if my said son Frederick shall not during my lifetime have Page 11 retransferred the said shares to me or purchased for me similar shares of the same face value then my said son Frederick shall be deemed to be indebted to me at my death in one or other of the following sums (1) If I shall have under the provisions of the said memorandum of agreement actually purchased such shares and my said son Frederick shall not have repaid to me the total cost to me in connection with such purchase together with interest thereon at the rate of five per cent per annum then a sum equal to such total cost or to so much of such total cost as he shall not have repaid to me together with interest thereon at the rate aforesaid from the date of my incurring such cost down to the date of my death (2) If I shall not have actually purchased such shares and my said son Frederick shall not within two months after my death retransfer or repurchase such shares to or for my trustees then such a sum as my trustees shall require for the purchase of such shares at the market price on any day to be fixed by my trustees not later than six calendar months after my death And I hereby authorise my trustees to expend such sum in purchasing such shares 15. Whereas by a memorandum of agreement under his hand dated the second day of April one thousand nine hundred and three my said son Arthur entered into an agreement with me with respect to certain shares therein mentioned similar in all respects to the agreement contained in the memorandum of agreement under the hand of my said son Frederick dated the fifth day of November one thousand nine hundred and two mentioned in the last preceding paragraph hereof And whereas similar agreements with regard to shares possessed by me may hereafter be entered into with me by one or more of my sons Now I hereby declare that the provisions in the said last preceding paragraph hereof contained with reference to the shares comprised in the said memorandum of agreement of the fifth day of November one thousand nine hundred and two shall apply in all respects mutatis mutandis to the shares comprised in the said memorandum of agreement of the second day of April one thousand nine hundred and three and to any shares comprised in any similar agreement which may hereafter be entered into with me by any of my sons 16. I declare that if my trustees shall raise for the benefit of either of my said sons Arthur and Frederick any sum or sums of money under the provisions in paragraph 11 or paragraph 12 hereof contained such son shall as from the date of any such sum being advanced to him pay to my trustees interest on such sum at the following rate namely If such sum shall be raised by mortgage or charge of any Cadogan Place property or my residuary real estate or any part thereof respectively then at the same rate as the interest payable in respect of such mortgage or charge but if such sum shall be raised by sale or conversion of any part of my Cadogan Place property or my residuary real estate or my residuary personal estate then at the rate of four per cent per annum and the interest so paid by such son shall be deemed to be and be Page 12 treated in all respects as if it were income arising from the proceeds of Sale of the property so mortgages or charged or sold or converted Provided always that it shall be lawful for either of my said sons at any time or times to repay to my trustees on giving them two calendar months previous notice the whole or any part of any sum so advanced to him as aforesaid and thereupon the interest payable by him in respect of any sum so repaid shall cease to be payable 17. I hereby declare that any sum or sums of which I have covenanted or may hereafter covenant for payment after my death to any child of mine or to the trustees of any settlement made or the marriage of any such child and which sum or sums shall net have been paid by me in my lifetime shall when paid after my death be brought into account as part of the provision hereby made for such child 18. I declare that the capital sum of five thousand pounds hereinbefore provided for the family of my said daughter Emily Dora deceased shall be retained by my trustees Upon trust that my trustees shall invest the same capital sum in any mode of investment hereinafter authorised with power to vary such investments at their discretion And shall stand possessed of the same capital sum and the investments representing the same and the annual income thereof respectively Upon trust to pay the said annual income to the said Ernest Augustus Eardley Wilmot during his life and after his death as to the capital and income of the said trust premises Upon the like trusts and with and subject to the like powers and provisions in favour or for the benefit of the children of my said daughter Emily Dora deceased as are in paragraph 10 hereof contained with respect to my said Arthur's shares in favour or for the benefit of his children but so that the said Ernest Augustus Eardley Wilmot shall have no power of appointment among such children 19. I declare that the capital sum of five thousand pounds hereinbefore provided for each of my said surviving married daughters Katherine Louisa and Edith Priscilla shall be retained by my trustees Upon trust that my trustees shall (with the consent of such my daughter if living or if not living then in the discretion of my trustees) invest the said capital sum of five thousand pounds in their names in any mode of investment hereinafter authorised with power to vary such investments with the like consent or at the like discretion And shall stand possessed of the same capital sum and the investments representing the same and the annual income thereof Upon trust to pay such annual income to such my daughter if she shall then be living during her life for her separate use without power of anticipation And I declare that after the death of such my daughter the capital and income of the same capital sum of five thousand pounds and the investments thereof shall be held upon such or the like trusts and with and subject to such or the like powers of appointment (to be exerciseable by such my daughter) and other powers and provisions in favor or for Page 13 the benefit of her issue children or child testamentary appointees or statutory next of kin as are in paragraph 10 hereof contained with respect to my son Arthur's shares in favour or for the benefit of his issue children or child testamentary appointees or statutory next of kin Save and except that so far as regards my said daughter Edith Priscilla the powers of appointment in favour of issue given by the said paragraph 10 shall not be exerciseable by her 20. I declare that the capital sum of five thousand pounds and the legacy of one thousand pounds hereinbefore provided for and bequeathed to each of my said unmarried daughters Ethel Mary and Violet Torlesse shall in each case be retained by my trustees upon the trusts following that is to say Upon trust that my trustees shall with the consent of such my daughter if living and in any other case in the discretion of my trustees invest the same capital sums and legacy in their names in any mode of investment hereinafter authorised with power to vary such investments with the like consent or at the like discretion and if such my daughter shall be then living and if no act should have been done or suffered and if no event should have happened whereby the trust next hereinafter declared if existing would be determined then shall pay the annual income of the same capital sum and legacy and the investments representing the same respectively to such my daughter during the residue of her life or until she attempts to alien charge or anticipate the same or any part thereof or does or suffers any act having the effect of a charge upon or alienation of the said annual income or any part thereof or until she does or attempts to do or suffers any other act or thing or until any ether event happens whereby if the same income were payable to her absolutely for her life she would be deprived of the right to receive the same or any part thereof in any of which cases as well as on the death of such my daughter which first happens the trust hereinbefore declared for payment to her of the said income is to determine And if the trust aforesaid should fail or determine in her lifetime then my trustees shall during the residue of her life apply the said annual income for the maintenance and support or otherwise for the benefit of all or any one or more exclusively of the other or others of her and her husband and issue for the time being in existence (if any) as my trustees in their sole discretion without being liable to account for the exercise of such discretion think fit or if there should for the time being be no object in existence other than such my daughter of the present discretionary trust or power then for the maintenance support or otherwise for the benefit of all or any one or more exclusively of the other or others of her and the person or persons who would if she were actually dead intestate be entitled to the said trust premises or the income thereof as my trustees in their sole discretion without being liable to account as aforesaid think fit And I declare that after the death of such my daughter the capital and income of the said trust premises and the investments thereof shall be held upon such or the Page 14 like trusts and with and subject to such or the like powers of appointment (to be exerciseable by such my daughter) and other powers and provisions in favor or for the benefit of her issue children or child testamentary appointees or statutory next of kin as are in paragraph 10 hereof contained with respect to my son Arthurs' shares in favor or for the benefit of his issue children or child testamentary appointees or statutory next of kin Save and except that so far as regards the capital sum of five thousand pounds and the legacy of one thousand pounds hereinbefore provided for and bequeathed to my said daughter Ethel Mary (which sum and legacy are hereinafter in this paragraph referred to as "my daughter Ethel's fund") I declare that if there shall be no child of my said daughter Ethel Mary who being a son shall attain the age of 21 years or being a daughter shall attain that age or marry under that age then subject and without prejudice to the prior trusts hereinbefore by reference declared my trustees shall stand and be possessed of my daughter Ethel's fund and the annual income thereof or so much thereof as shall not have become vested or been applied under any of the trusts or powers herein contained Upon the trusts following that is to say As to the sum of one thousand pounds part of my daughter Ethel's fund Upon trust for such person or persons and purposes as my said daughter Ethel Mary shall whether covert or sole by will or codicil appoint And as to the residue of my daughter Ethel's fund Upon trust for all or such one or more exclusively of the other or others of the brothers and sisters of my said daughter Ethel Mary and their his or her issue to be born during the lifetime of my said daughter Ethel Mary or within twenty one years after her death at such time and if more than one in such shares and with such gifts over and such provisions for maintenance advancement and otherwise at the discretion of any person or persons and generally in such manner for the benefit of such brothers and sisters and issue or some or one of them as my said daughter Ethel Mary shall whether covert or sole by will or codicil appoint And I declare that in default of and until and subject to any such appointment as aforesaid of the said sum of one thousand pounds part of my daughter Ethel's fund and in default of and until and subject to any such appointment as aforesaid of the said residue of my daughter Ethel's fund my trustees Shall stand and be possessed of the said sum of one thousand pounds and of the said residue of my daughter Ethel's fund respectively Upon trust to appropriate the same respectively in equal fourth shares for and between my other three surviving daughters Katherine Louisa Edith Priscilla and Violet Torlesse and the family of my said daughter Emily Dora deceased Provided always and I declare that any sum or fund exceeding in amount or value the sum of five hundred pounds which on the marriage of any of my said other three surviving daughters has been or shall be paid to her or settled by me on such marriage shall be brought into account according to the amount or value thereof Page 15 the date of such marriage as part of the share to be appropriated for such daughter in my daughter Ethel's fund and that the sum of one thousand pounds on the marriage of my said daughter Emily Dora deceased paid to or settled on her by me as hereinbefore recited shall in like manner be brought into account as part of the share to be appropriated to her family Provided also that any share in my daughter Ethel's fund which may be appropriated for any of my said other three surviving daughters or for the family of my said daughter Emily Dora deceased under the trusts aforesaid shall be retained and held by my trustees upon the like trusts and with and subject to the like powers and provisions as are herein contained in relation to the capital sum of five thousand pounds hereinbefore provided for her and them respectively 21. Provided always and I declare that it shall be lawful for my trustees at any time or times after the death of either of my said daughters Edith Priscilla and Violet Torlesse in their discretion or in her lifetime with her consent in writing to raise any sum or sums of money not exceeding altogether the sum of one thousand pounds out of the capital of the capital sum of five thousand pounds hereinbefore provided for such daughter and to apply the same for the support and maintenance or in or towards any unusual expenditure or otherwise for the benefit of such daughter and her children or any one or more exclusively of the others or ether of such daughter and children and if more than one in such proportions and generally in such manner as my trustees shall in their absolute discretion without being liable to account for the exercise of such discretion think fit And no child of such daughter taking any benefit under this present clause shall be bound to bring the same into account under the doctrine of advancement or otherwise And I declare that the aforesaid power of applying capital shall be exerciseable either after the death of my said wife or in her lifetime Provided that in case the said power shall be exercised during the lifetime of my said wife the annual sum hereinbefore mentioned equivalent to interest at three pounds per cent per annum on such sum of five thousand pounds shall be payable only in respect of so much of the same sum of five thousand pounds as shall for the time being remain unraised 22. And with respect to the capital sum of five thousand pounds and the legacy of one thousand pounds hereinbefore provided for and bequeathed to my said unmarried daughter Ethel Mary I hereby authorise and empower my trustees during the life of my said daughter Ethel Mary notwithstanding anything hereinbefore contained if they shall in their absolute discretion think fit so to do to pay or apply whole or any part of the annual income of the same capital sum and legacy or if they should from time to time think fit any part of the capital thereof respectively unto and for the maintenance and personal support or benefit of my said daughter Ethel Mary and either themselves so to apply the same or to pay the same for that purpose to any other person or persons without seeing to the application thereof And also if my trustees Page 16 shall at any time or times think proper so to do by and out of the capital of the same capital sum and legacy or any part thereof respectively to purchase in their names from Government or any public company an annuity or annuities for the life of my said daughter Ethel Mary and such annuity or annuities shall be payable or applicable to or for the maintenance and personal support or benefit of my said daughter and her husband and issue and persons who would be entitled if she were actually dead intestate in like manner as the annual income of the premises laid out in purchasing the same would have been payable or applicable if no such purchase had been made And I declare that the aforesaid powers of applying capital shall as to the said sum of five thousand pounds be exerciseable either after the death of my said wife or in her lifetime provided that in case the said power shall be exercised during the lifetime of my said wife the annual sum hereinbefore mentioned equivalent to interest at three pounds per cent per annum on such sum of five thousand pounds shall be payable only in respect of so much of the same sum of five thousand pounds as shall for the time being remain unraised 23. I empower each of my said surviving daughters notwithstanding any of the trusts herein contained from time to time or at any time while not under coverture by deed revocable or irrevocable and whether covert or sole by will or codicil to appoint to or for the benefit of any husband who may survive her during the residue of his life or any less period absolute or determinable all or any part of the annual income of the capital sums and legacy hereinbefore provided for and bequeathed to her or so much thereof as shall not before her death have been paid or applied under any of the powers hereinbefore contained And I declare that upon any such appointment the trusts and powers herein limited to take effect after the death of the daughter so appointing shall take effect only after the determination of and in the meantime subject to the interest limited by any such appointment 24. Provided always and I declare that with respect to the capital sums legacies shares and premises hereby provided for or bequeathed to each of them my said sons Arthur and Frederick and my said surviving daughters Katherine Louisa Edith Priscilla Ethel Mary and Violet Torlesee and the family of any said daughter Emily Dora deceased my trustees shall (subject to any preceding life interest therein) so long as there shall be any child of such my son or daughter (including my said daughter Emily Dora deceased) who being male shall be an infant or being female shall be an infant and a spinster and whether male or female would if of full age or as to females if married be entitled in possession to any share in the capital trust premises hereby provided for or bequeathed to such my son or daughter or the family of me said daughter Emily Dora deceased pay or apply the income of the same capital trust premises for or towards the common maintenance education or benefit of all or any one Page 17 or more exclusively of the other or others of the children (whether infants or of full age) of such my son or daughter (including as aforesaid) for the time being absolutely or contingently entitled to the same capital trust premises and if more than one in such proportions as my said trustees think fit without regard to the shares in which such children are respectively so entitled and my trustees may either themselves so pay or apply the same or may pay the same to any other person or persons for the purposes aforesaid without seeing to the application thereof And I declare that for the purposes of this present clause or provision the payment of the capital and income of any share of the said trust premises which but for this present clause or provision would be payable to any child of such my son or daughter (including as aforesaid) shall be suspended but without prejudice to vesting of capital And I declare that the aforesaid provisions as to application of income are not in any case to cause any earlier vesting of capital And I expressly declare that if any child of mine shall die hereafter in my lifetime the provision (whether settled or unsettled) hereby made for such child or intended so to be shall take effect in such manner as would have been the case if such child had survived me and died immediately afterwards and so also as to give effect to the trusts of any such settled provision ulterior to the life interest of such child but not so as to increase or multiply government duties if and so far as I can preclude such effect 25. I empower each of my said sons Arthur and Frederick and my said surviving daughters Katherine Louisa Edith Priscilla Ethel Mary and Violet Torlesse (and so to my said daughters whether covert or sole) by deed with the consent of my trustees to appoint two or more separate trustees of the trust premises hereby provided for him or her and thereupon any part or parts of the same trust premises which may have been or may thereafter or appropriated to such son or daughter shall be paid or transferred as soon as may be to such separate trustees upon the trusts hereby declared concerning the same and thenceforth my trustees shall no longer be responsible in relation thereto And during the residue of the life of such son or daughter a new trustee or new trustees thereof may from time to time be appointed by him or her and I declare that the provision in paragraph 32 hereof hereinafter contained shall extend to any trustees or trustee appointed under this present power 26. I declare that notwithstanding the trust for sale of my Cadogan Place property and my residuary real estate hereinbefore contained my trustees may if they think proper from time to time or at any time raise any sum or sums of money by this my will or any codicil hereto directed or authorised to be raised out of the monies to arise from the sale of my Cadogan Place property and my said residuary real estate or out of the investments of such monies by mortgage of all or any part of my Cadogan Place property and my said residuary real estate upon such terms as my trustees shall think fit And may convey the hereditaments so to be mortgaged to any person or Page 18 persons either in fee or for any term of years with or without impeachment of waste or otherwise by way of mortgage for securing 'payment of the money raised and interest thereon and with such powers as may be thought expedient and may for such purposes as aforesaid execute and do all such assurances and things as my trustees shall think fit And no mortgagee shall be concerned to enquire whether any money is wanted for the purposes of this my will or any codicil hereto or whether more than is wanted is raised And I declare that the like provisions shall apply with reference to the raising of any sum or sums of money hereby or by any codicil hereto directed or authorised to be raised cut of the monies to arise from the sale of my said estate known as Watchers and the gardens and lands thereto belonging or adjacent thereto or in the neighbourhood thereof 27. I declare that all moneys hereinbefore directed to be invested by my trustees shall be invested in manner following and not otherwise that is to say In any of the Parliamentary stocks or public funds of Great Britain or on Government or freehold copyhold or leasehold securities in England or Wales or on the security of any life interest in any freehold copyhold leasehold or personal property together with an insurance on the life of the person for whose life such interest is holden or in the purchase of freehold ground rents or of improved rents in England or Wales or in the stock of the Bank of England or Metropolitan Board of Works or London County Council or in or on the stock or securities of the Government of India for the time being or the stock or securities not payable to bearer of the Government of any British Colony or Dependency or of any Foreign Government state or municipality or the stock or snares ordinary or otherwise or the bonds mortgages or debentures or the debenture stock of any railway canal dock or harbour gas or water company or other public company carrying on business in Great Britain or India or any British colony or dependency or the stock or other securities of any municipal corporation or local or harbour authority or other public body in Great Britain or in any British colony or dependency or of any incorporated company in Great Britain established for the purpose of investing money in the purchase or on mortgage of land in Great Britain or in any British colony or dependency but so always as that all such investments shall devolve as personal estate and shall if of the nature of realty be deemed to be subject to a trust for sale accordingly And with power to change such investments for others of a like nature and for that purpose to sell any such ground rents or improved rents and also that my trustees may at any time release any part of the property comprised in any mortgage security upon being satisfied that the remaining property comprised therein is a sufficient security for the money remaining due thereon And also that my trustees may if they shall think fit lend money On any such security as aforesaid in conjunction with money advanced by any other person or persons by way of contributory loan and that in any such case the security may be taken in the joint names of the Page 19 several contributories or of any two or more persons to be nominated in that behalf by the several contributories or that any such other arrangement may be made in relation thereto as my trustees may think fit And also that in lending money on any security my trustees may contract that the capital money so lent shall not be called in during any specified period And I hereby expressly declare that on lending money on the security of any freehold copyhold or leasehold property my trustees may leave to their solicitor the selection of the valuer or surveyor to be consulted as to the value of such property and they shall not be bound by any rule of law or practice or decision of the courts with respect to the proportion which the sum to be lent on the security of any such property ought to bear to the total value thereof but they shall be absolutely free to exercise their own discretion as to the sum proposed to be lent and shall incur no liability for any loss which may be thereby incurred 28. And I further empower my trustees at their discretion to continue for any -period after my decease any investments forming part of my personal estate although not of a nature hereby authorised and generally to postpone or delay for any period after my decease the sale or conversion into money of any part or parts of my real and personal estate hereinbefore directed to be sold and converted into money by my trustees And I direct particularly that no reversionary property shall be sold until it fall in possession unless it shall appear to my trustees that the capital of the trust estate will probably be injured by deferring the sale And I hereby further direct that in the meantime the income arising from the real or personal property so remaining unsold or unconverted into money after payment thereout of all rates taxes expenses of insurance and repairs and other outgoings which my trustees shall think fit to pay shall from the period of my decease and whether of a permanent or wasting nature go and be paid to such persons or person and be applied in such manner as the annual income of the moneys to be produced by such sale or conversion into money would go and be payable unto or be applicable in case such sale and conversion into money were then actually made but no reversionary or other property not actually producing income which shall for the time being form part of my estate shall under any doctrine of equity or otherwise be treated as producing income or as entitling any person to the receipt of income 29. And I empower my trustees during the suspense of the sale conversion and getting in of my real and personal estate hereinbefore devised and bequeathed to them Upon trust for sale to manage and order all the affairs thereof respectively as regards letting occupation repairs insurance against fire receipt of rents indulgences and allowances to tenants and all other matters as they may think fit and in the execution of this power of letting to grant building repairing improving or other leases for such term or terms of years in possession or reversion at such rent or rents and generally on such conditions as my trustees shall deem advantageous either taking or Page 20 not taking fines or premiums which if taken shall be considered as sale moneys for the purposes of the trusts herein contained and with full discretionary power to renew leases and to accept surrenders of leases and tenancies And I expressly authorise my trustees if they shall think fit to postpone for any period after my decease the payment out of the said residuary monies proceeding from my general personal estate and hereinbefore appointed for that purpose of all or any part of the principal mortgage debt on my Cadogan Place property hereinbefore directed to be paid or reduced thereout and if such residuary moneys should be sufficient to meet the said mortgage debt then to set aside and invest in manner hereinbefore authorised either the whole of such residuary moneys or as the case may require such a fund as in the opinion of my trustees shall be adequate in amount to meet the said principal mortgage debt and to distribute the rest if any of such residuary moneys or my part thereof and from time to time to apply the appropriated fund and the income thereof in or towards payment or reduction of the principal mortgage debt and the interest theron or if the said residuary moneys shall not be sufficient to meet the said mortgage debt then to set aside and invest in manner hereinbefore authorised such residuary moneys and accumulate the same if and so far as the same may lawfully be done in order to provide a fund to meet the said mortgage debt and the interest thereon and to apply such fund in or towards payment of the same mortgage debt and interest as and when my trustees think fit and generally to make such arrangements as they shall think fit in relation to the said principal mortgage debt and the interest thereon but without prejudice to any equities as between tenant for life and remaindermen of the trust premises hereby provided for my said sons Arthur and Frederick respectively in relation to keeping down a proportionate share of the interest of the said mortgage debt 30. I declare that my trustees shall have the fullest powers of determining what articles of property pass under any specific bequest contained in this my will or any codicil hereto and of apportioning blended trust funds and of determining whether any monies are to be treated as capital or income and generally of determining all matters as to which any doubt difficulty or question may arise under or in relation to the execution of the trusts of this my will or any codicil hereto And I declare that every determination of my trustees in relation to any of the matters aforesaid made upon a question whether formally or actually raised or implied in any of the acts or proceedings of my trustees in relation to the premises shall bind all parties interested under this my will or any codicil hereto and shall not be objected to or questioned on the ground of any of my trustees having a personal interest in the subject matter or upon any other ground whatever and I direct that my trustees shall not be answerable or accountable for involuntary losses and shall he entitled to be reimbursed out of the trust premises aforesaid Page 21 31. I declare that any trustee or executor hereunder may in his uncontrolled discretion instead of acting personally employ and pay a solicitor or any other person to transact any business or do any act of whatever nature required to be done in the premises including the receipt and payment of money and that the said George Lawrence Stewart or any other trustee or executor hereunder being a solicitor or other person engaged in any profession or business may be so employed or act and shall be entitled to charge and be paid all professional or other charges for any business or act done by him or his firm in connection with the premises including acts which a trustee or executor could or ought to have done personally 32. Lastly I hereby declare that all the trusts and powers hereby vested in or conferred on my trustees hereinbefore named shall devolve on and be exercisable by the survivors and survivor of them and the executors or administrators of such survivor and generally the trustees or trustee for the time being of this my will IN WITNESS whereof I have hereunto set my hand this eleventh day of November one thousand nine hundred and four CHAS HOLLAND Signed by the said testator Charles Holland as and for his last will and testament in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses: ROSINA HALL, wife of Albert Hall Coachman to Mr Holland Watchers MARY PIDWELL, Cook Watchers
THIS IS A CODICIL to the will dated the eleventh day of November one thousand nine hundred and four of me The Reverend Prebendary CHARLES HOLLAND of Watchers Linchmere in the county of Sussex Clerk in Holy Orders I declare that all sums paid by me during my life or which may be paid out of my estate after my death under any guarantee for the payment either of a capital sum or of interest given by me for the benefit of any child of mine or the issue of any such child shall be brought into account as part of the capital of the provision by my said will made for such child except sums by way of interest paid out of my estate after my death which last mentioned sums shall be a charge upon and be retained by my trustee for the benefit of my estate out of the annual income of such provision Subject as aforesaid I confirm my said will IN WITNESS whereof I have hereunto set my hand this seventeenth day of December one thousand nine hundred and five CHAS HOLLAND Signed and declared by the above named Charles Holland the testator as and for a codicil to his last will in the presence of us (present at the same time) who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses: GEORGE L STEWART 44 Lincolns Inn Fields London Sol CHARLES ROBERT PLANT COOPER Gonville & Caius College Cambridge
THIS IS A SECOND CODICIL to the will dated the eleventh day of November one thousand nine hundred and four of me The Reverend Page 22 Prebendary CHARLES HOLLAND of Watchers Linchmere in the county of Sussex Clerk in Holy Orders 1. Whereas at the request of my son Frederick Catesby Holland I have agreed to advance to his son Evelyn Catesby Holland the sum of five hundred pounds which sum I intend to raise by means of a loan Now I hereby declare that the said sum of five hundred pounds and all interest which shall be paid or payable by me in respect thereof up to the day of my death or so much thereof respectively as shall not have been repaid to me by my said son shall for all the purposes of clause 13 of my said will be deemed to be a debt due to me from my said son 2. Whereas by a deed poll dated the nineteenth day of October one thousand nine hundred and seven under the hands and seals of myself and my wife we have appointed (subject to our respective life interests therein) a sum of three thousand three hundred and ninety pounds secured on a mortgage of certain freehold hereditaments known as numbers 4 and 5 respectively Friar Street Blackfriars in the City of London (being part of the trust funds now subject to the trusts of our marriage settlement dated the twenty ninth day of December one thousand eight hundred and forty nine) to two of our sons namely Walter Lancelot Holland and Percy Holland in equal shares Now I hereby declare that the share which each of my said sons Walter Lancelot and Percy shall take of the said mortgage debt of three thousand three hundred and ninety pounds or the investments for the time being representing the same under the said deed poll shall be brought into account by him at the market value as on the day of my death as part of the provision by my said will made for him And I direct that my trustees shall out of the monies to arise from the calling in sale and conversion of my residuary personal estate directed by clause 9 of my said will and my ready money pay all duties which shall become payable at my death or the death of my said wife in respect of the said mortgage debt or the investments for the time being representing the same or any part thereof respectively and so that any such duty which may become payable at the death of my wife shall be commuted and paid as soon as conveniently may be after my death 3. I declare that if my said wife shall survive me then during the residue of her life my trustees shall notwithstanding anything in my said will contained retain each year out of the annual income of the shares of my said will provided for my sons Arthur Charles Holland and Frederick Catesby Holland respectively and in equal proportions a sum equal to interest at three pounds ten shillings per centum per annum on one moiety of the value at the market price as at the day of my death of the said mortgage debt of three thousand three hundred and ninety pounds or the investments then representing the same and shall pay every sum so retained to my said two sons Walter Lancelot and Percy in equal shares Provided always that if and so soon Page 23 as either of my said sons Walter Lancelot and Percy shall become by any means entitled in possession to any part of the capital of the said mortgage debt or the investments for the time being representing the same his share of the annual sum so to be retained by my trustees as aforesaid shall thenceforward abate proportionately and the amount so to be annually retained by my trustees shall be reduced accordingly 4. Whereas in the said marriage settlement there is contained a covenant for the settlement of after acquired property of my said wife And whereas by the said deed poll I and my said wife have appointed (subject to our respective life interests therein) a sum of six hundred and seventy one pounds eighteen shillings and eleven pence secured on mortgage of certain freehold hereditaments situate in North Street Petworth in the county of Sussex and also all property whatsoever (other than such if any as is now represented by any part of the said mortgage debt of three thousand three hundred and ninety pounds) which under or by virtue of the said covenant now is or may hereafter become subject (either in equity or otherwise) to the trusts of the said marriage settlement to our four surviving daughters Katherine Louisa Durrant Edith Priscilla Gurdon Ethel Mary Holland and Violet Torlesse Holland in equal shares And whereas certain property coming within the scope of the said covenant has not been or may not be brought into settlement in accordance with that covenant And whereas it is apprehended that the said freehold hereditaments situate in North Street Petworth aforesaid (which belong to my said wife) or some part thereof come within the scope of the covenant aforesaid and should have been brought into settlement accordingly and that consequently the said mortgage debt of six hundred and seventy one pounds eighteen shillings and eleven pence may not be sufficiently and effectually secured Now I hereby declare that all the gifts and provisions by my said will made to or for the benefit of my said four surviving daughters respectively are upon and subject to this express condition namely that my said daughters respectively and any trustees for them respectively who may have any claim in respect of any such property as aforesaid shall within three calendar months after being requested so to do by the trustees for the time being of the said marriage settlement or any of them execute such release as may be approved by such trustees of the past and then present trustees of the said marriage settlement and the estate or estates of any then decease trustee or trustees thereof and also my own estate and my said wife or her estate from all claims and demands whatsoever for or in respect of any property which may not have been duly brought into settlement in accordance with the covenant aforesaid or for or in respect of the said mortgage debt of six hundred and seventy one pounds eighteen shillings and eleven pence or any interest thereon And if any one or more of my said daughters or her or their trustees shall decline or in the opinion of the trustees for the time being of the said marriage settlement wilfully fail to execute such release as aforesaid then I revoke all gifts and bequests by my said will made to or Page 24 for the benefit of such daughter or daughters respectively and in lieu thereof I bequeath the share or shares of my estate which but for this condition would have belonged to or been held in trust for the benefit of her or them respectively to my trustees Upon trust that they shall hold the same upon trust to indemnify and keep indemnified the said past and then present trustees of the said marriage settlement and the estate or estates of any then deceased trustee or trustees thereof and also my own estate and my said wife or her estate from and against all such claims and demands as aforesaid and subject thereto In trust for the persons to or in trust for or for the benefit of whom the same are bequeathed by my said will in like manner as is by my said will provided 5. I declare that if at any time after the date of this codicil either of my said sons Arthur Charles and Frederick Catesby shall become a bankrupt then during such period as he shall remain an undischarged bankrupt the power of advancement for the benefit of his children contained in clauses 10 and 12 respectively of my said will shall be exerciseable by my trustees without his consent and at their discretion 6. I declare that if at any time after the date of this codicil my said son Frederick Catesby shall become a bankrupt my trustees may at any time or times thereafter at their absolute discretion raise in manner provided by clause 12 of my said will all or any part of the sum of one thousand two hundred and fifty pounds in the same clause mentioned (if and so far as the same sum shall not have already been raised) and pay the same to any child of my said son Frederick Catesby for his or her own absolute use and benefit 7. Subject as aforesaid I confirm my said will as altered by the first codicil thereto IN WITNESS whereof I have hereunto set my hand this twentieth day of October one thousand nine hundred and seven CHAS HOLLAND Signed and declared by the said Charles Holland the testator as and for a second codicil to his last will in the presence of us who at his request in his presence and in the presence of each ether have hereunto subscribed our names as witnesses: GEORGE L STEWART 44 Lincolns Inn Fields W C Sol MARY EAMES wife of Joseph Eames Gardener - Watchers
THIS IS A THIRD CODICIL to the will dated the eleventh day of November one thousand nine hundred and four of me The Reverend Prebendary CHARLES HOLLAND of Watchers Linchmere in the county of Sussex Clerk in Holy Orders 1. With reference to clauses 14 and 15 of my said will I hereby declare as follows: (a) If any shares comprised in any such agreement as mentioned in the said clause of my said will shall have become or shall become unobtainable by reason of Page 25 the company issuing the same (hereinafter referred to as "the issuing company") having transferred the whole of its property and undertaking to or become amalgamated with any other company or companies then my trustees may for the purposes of paragraph (2) of the said clause 14 accept or purchase such shares of the said other company or companies as they shall consider fairly represent the shares of the issuing company which ought under the provisions of that paragraph to be transferred to or purchased by them (b). If the issuing company shall go or shall have gone into liquidation otherwise than for the purposes of or as the result of any such transfer or amalgamation as mentioned in paragraph (a) hereof then the said paragraph (2) of the said clause 14 shall be read and construed as if the words "shall be equal to one half of the market value of such shares as at the date of the said memorandum of agreement" had been substituted therein for the words "my trustees shall require" and the sub-sequent words down to the end of the said clause 14 (c) If any question of doubt or difficulty shall arise between any son of mine and my trustees with reference to the provisions of the said clauses 14 and l5 of my said will and this clause of this codicil I authorise my trustees to make such arrangement by way of compromise with such son as they shall deem to be most in accordance with the provisions aforesaid 2. I revoke clause 6 of the second codicil dated the twentieth day of October one thousand nine hundred and seven to my said will and in lieu thereof I declare that if at any time after the date of this codicil my son Frederick Catesby Holland shall become a bankrupt or if he shall die leaving a widow him surviving the following provisions shall but without prejudice to the provisions of clause 12 of my said will take effect (a). So long as my said son Frederick Catesby shall be living and an undischarged bankrupt and also after his death my trustees shall at any time or times at the, request in writing of any wife or widow of his for the time being living raise in manner provided by clause 12 of my said will all or any part of the sum of one thousand two hundred and fifty pounds in the same clause mentioned (if and so far as the same shall not have already been raised) and pay the same to such wife or widow for her own absolute use and benefit (b). So long as my said son Frederick Catesby shall be living and an undischarged bankrupt and no wife of his shall be alive my trustees may at any time or times at their absolute discretion raise in manner aforesaid all or any part of the said sum of one thousand two hundred and fifty pounds (if and so far as the same shall not have already been raised) and pay or apply the same to or for the benefit of my said son Frederick Catesby or any child or other issue of his in such manner as my trustees shall in their uncontrolled discretion think fit Page 26 3. I declare that the provisions and powers expressly or by reference contained in clause 12 of my said will with reference to a future wife of my said son Frederick Catesby shall (except so far as revoked by the next succeeding clause hereof) apply to his present wife Alice Holland 4. I revoke the power of appointing income to a wife conferred upon my said son Frederick Catesby by the said clause 12 of my said will Subject as aforesaid I confirm my said will and the first two codicils thereto IN WITNESS whereof I the said Charles Holland have hereunto set my hand this tenth day of November one thousand nine hundred and seven CHAS HOLLAND Signed and declared by the said Charles Holland the testator as and for a third codicil to his last will in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses ELIZA MANN Watchers Cook GEORGE L STEWART 44 Lincolns Inn Fields Solr
THIS IS A FOURTH CODICIL to the will dated the eleventh day of November one thousand nine hundred and four of me The Reverend Prebendary Charles Holland of Watchers Linchmere in the county of Sussex Clerk in Holy Orders 1. With reference to clause 8 of my said will I declare that by Mary Lucas is intended my servant Mary Eames formerly Mary Lucas and I give to my coachman Albert Hall a legacy of five pounds free of duty because the attestation of my will by his wife will prevent his sharing in the legacy to servants therein contained 2. Subject as aforesaid I confirm my said will and three codicils thereto IN WITNESS whereof I have hereunto set my hand this fifteenth day of December one thousand nine hundred and seven CHAS HOLLAND Signed and declared by the said Charles Holland as a fourth codicil to his last will in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses: ETHEL M HOLLAND Watchers Spinster GEORGE L STEWART 44 Lincolns Inn Fields W C Solr
THIS IS A FIFTH CODICIL to the will dated the eleventh day of November one thousand nine hundred and four of me The Reverend Prebendary CHARLES HOLLAND of Watchers Tinchmere in the county of Sussex Clerk in Holy Orders 1. I revoke the general testamentary power of appointment by paragraph 20 of my said will (by reference to paragraph 10) given to my daughter Violet Torlesse in the event of her having no child who being a son attains the age of twenty one years or being a daughter attains that age or marries under it and also the trust in default of such appointment for her statutory next of kin in the same paragraph (by reference as aforesaid) contained And I declare that if there shall be no such child as aforesaid Page 27 of my said daughter Violet all capital sums or legacies settled on her by my said will or any codicil thereto and all accretions if any to the same or so much thereof respectively as shall not have become vested or been applied under any trust or power contained in my said will or any codicil thereto shall subject and without prejudice to any interest appointed by her to any husband of hers who may survive her under the power in that behalf contained in paragraph 23 of my said will be held by the trustees of my said will Upon trust in equal shares for all my sons and daughters now living (other than my said daughter Violet Torlesse) and the family of my deceased eldest daughter such family taking an equal share with each of such of my sons and daughters and I declare that the said respective equal shares in the said capital sums and legacies shall in the case of my said sons be deemed to be accretions to and be held on the same trusts and with and subject to the same powers and provisions in all respects as the shares of my residuary personal estate by my said will given to or settled on them respectively and in the case of my said daughters and the family of my said deceased eldest daughter be deemed to be accretions to and be held upon the same trusts and with and subject to the same powers and provisions in all respects as the capital sums of five thousand pounds by my said will provided for them respectively 2. I declare that notwithstanding the provisions of paragraph 9 of my said will -each of the capital sums or legacies of five thousand pounds and one thousand pounds by my said will given to or settled on my said daughters now living and the family of may said deceased eldest daughter and my granddaughters Mary Dora Eardley Wilmot and Irene Eardley Wilmot respectively shall bear such due proportion of the estate and settlement estate and legacy or other duties which shall be payable on my death or the death of my wife should she survive me as shall be properly attributable to such capital sum or legacy 3. In all other respects I confirm my said will and the codicils heretofore made by me thereto IN WITNESS whereof I have hereunto set my hand this thirteenth day of June one thousand nine hundred and nine CHAS HOLLAND Signed and declared by the said Charles Holland as and for a codicil to his will in the presence of us who in his presence and in the presence of each other all being present at the same time have at his request hereunto subscribed our names as witnesses ELIZA MANN Watchers Cook SARAH E PUGH Watchers Nurse
On the 12th day of May 1910 Probate of this will with five codicils was granted to Emily Holland the Reverend Ernest Augustus Eardley Wilmot clerk Cecil Maurice Chapman and George Lawrence Stewart the Executors named in the said will
Charles married Emily TORLESSE [1673] [MRIN: 568], daughter of Rev Charles Martin TORLESSE [1633] and Catherine Gurney WAKEFIELD [1636], on 1 Jan 1850 in Stoke By Nayland SFK. (Emily TORLESSE [1673] was born on 29 Sep 1829 in Stoke By Nayland SFK and died on 1 Mar 1917 in Stoke By Nayland SFK.)
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