Henry Lancelot HOLLAND [23200]

  General Notes:

Henry Holland
Birth Date:28 Aug 1808
Baptism Date:3 Oct 1808
Parish:Dorking, St Martin
Father's name:Lancelot Holland
Mother's name:Charlotte Mary
Reference Number:DOM/1/7

Holland Henry Lancelot of Templeton Roehampton Surrey and of 22 Lawrence Lane London Esq died 24 January 1893 at Templeton. Probate London 29 April 1893 to Martha Elizabeth Holland widow and Edward Lancelot Holland and Charles Barkway Holland Esquires and the Rev Byron Holland clerk.
Effects L131,869 6s11d. Re-sworn February 1895 L118,431 18s 0d
National Probate Calendar.

  Other Records

1. Census: England, 7 Jun 1841, Langley Farm Beckenham KEN. Henry is recorded as aged 30 a merchant not born in Kent

2. Henry Lancelot Holland: Will, 4 Aug 1892, Pt 1.
This is the last will and testament made and dated the fourth day of August 1892 of me Henry Lancelot Holland of Templeton Roehampton in the County of Surrey and of No 22 Lawrence Lane in the City of London (and late of 48 Bread St in the City of London) Esq I hereby revoking all other testamentary dispositions made by me.
2. I confirm the settlement made in contemplation of my marriage with Martha Elizabeth my wife and declare that the provisions by this my will made for my wife and children shall be in addition and not in substitution for or satisfaction of those made by such settlement.
3. I bequeathed to my said wife the sum of £700 to be paid within one calendar month after my death.
4. I give to each of my sisters free of duty and to each of my children who shall be living at my decease the legacy of £100 and a like sum free of duty to the widow of my deceased son Henry.
5. I direct that my wife may have for the space of 12 calendar months next after my death the use and enjoyment of the messuage called Templeton situate in the parish of Roehampton aforesaid in which I now reside together with the gardens grounds lands outbuildings and offices and appurtenances thereto belonging and held herewith as the same are held and occupied by me the yearly rent and the covenants and conditions reserved and contained by and in the lease under which the same messuage and premises are held being paid performed and observed by and at the expense of my estate the rates and taxes and all other charges upon or in respect of the said messuage being also defrayed by my estate. And subject as aforesaid the said premises shall be deemed to be part of my residuary estate.
6. I bequeathed to my wife absolutely all wine beer liquors corn hay and other consumables stores and provisions belonging to me and all my horses cows and other livestock furniture plate and plated articles jewellery china glass books linen prints pictures watches clocks musical instruments clothes and other articles of domestic or household or personal use or ornament and all my carriages harness saddlery tools implements and utensils whatsoever which shall be in or about or appropriated to my residence at my death all the coach houses outbuildings gardens and lands there with occupied and held as aforesaid.
7. I give devise and bequeath all my estate whether real or heritable or personal and whether situate in England Scotland or elsewhere and including all my shares estate rights and interests in the property and business of Richards & Co at Aberdeen and elsewhere in Scotland and at Lawrence Lane aforesaid and including all my property over which I may have had my death a general power of appointment or disposition by will (by excluding what I may otherwise dispose of by this my will or any codicil hereto) unto and to the use of my said wife Martha Elizabeth and my sons Edward Lancelot Holland Charles Barclay Holland and Byron Holland (whom I hereby nominate trustees and executors of this my will) their heirs executors and administrators respectively according to the nature of the premises upon the trusts and with and subject to the power and provisions hereinafter declared that is to say.
8. Upon trust that they or other the trustees or trustee for the time being of this my will (hereinafter called my trustees) shall sell and call in and convert into money (according to the nature of the premises) all such parts of the same premises as shall not consist ready money.
9. My trustees shall out of the monies to arise from such sale calling in and conversion as aforesaid and out of the ready money on which I shall die possessed pay my funeral and testamentary expenses and debts (which nevertheless I direct shall be primarily payable out of my personal estate before resorting to my real estate or the proceeds thereof) and the legacies bequeathed by this my will or any codicil here to including duty on legacies are given duty free and subject thereto shall invest the same monies and all other monies arising from or forming part of my residuary estate (hereinafter called the said residuary monies) in the names or under the control of my trustees in any of the public stocks or funds or government securities of the United
Kingdom or India or any colony or dependency of the United Kingdom or upon freehold copyhold or leasehold or chattel real securities in England or Wales but not in Ireland but so that any leasehold hereditaments upon the security of which any trust monies shall be invested shall be held for a term of years where of at least 40 years shall be unexpired at the date of such investment or in or upon the stocks or shares of any Railway company in England which at the time of such investment shall be paying a dividend upon its ordinary shares or stocks or of any Railway company in India having the interest upon it stocks or shares guaranteed by the Government of or Secretary of State for India and may from time to time vary and transpose such stocks funds shares and securities or any of them into or for others of any nature hereby authorised.
10. My trustees shall stand possessed of the said residuary monies and the investments thereof and the income thereof respectively upon the trusts and with and subject to the powers provisions and declarations hereinafter declared and contained (that is to say)
11. Upon trust to pay to my said wife during her life the yearly sum of £2000 by equal quarterly payments the first of such payments to be made at the expiration of 3 calendar months from my death And I empower my trustees to appropriate and set apart in their names such part of the investments hereinbefore directed to be made as may at the date of such appropriation be producing interest dividends or income at the rate of £2000 a year and I declare that after such appropriation shall have been made all the rest of my residuary estate shall be absolutely discharged from the said annuity and the trust premises so appropriated shall be held upon trust out of the income or if the same shall at any time be deficient then out of the corpus thereof to raise in pay of such annuity And subject thereto shall be subject to the trusts hereinafter declared concerning the said residuary moneys.
12. And upon further trust out of the said residuary monies or the investments thereof (after providing in manner aforesaid for the said annuity which provision shall have priority over the dispositions hereinafter contained) to pay to and amongst all such of the 5 children of my deceased son Henry Holland who shall be living at my death and shall attain the age of 21 years or being daughters shall have married under that age the sum of £20,000 the share of each child to bear interest at the rate of £5 per cent per annum from my death although the same shall not have vested in the shares and my daughter to be for their separate use And I declare that from and after my death so long as any of the said 5 children shall be in existence and shall not have attained a vested in his or her said legacy my trustees shall apply the whole or such part as they or he shall in their or his discretion think fit of the interest on the expectant legacy of such child for or towards the maintenance and education or benefit of such child or of any other or others of the said child who for the time being shall not have attained a vested interest in their said respective legacies or for or towards the maintenance and education or benefit of such child or of any other or others of the said children who for the time being shall not have attained a vested interest in their said respective legacies or for or towards the common maintenance and education or benefit of any 2 or more of the said children not having for the time being attained vested interests as aforesaid. And my trustees may either themselves or himself so apply the same or may pay the same to the parent or guardian of such child or children for the purposes aforesaid without seeing to the application thereof and shall during the suspense of vesting of any such legacy accumulate the surplus if any of the interest thereof at compound interest by investing the same and the resulting income thereof in any of the investments hereby authorised as investments for the said residuary monies in augmentation and so as to follow the destination of the same legacy with power to apply any such accumulations in any subsequent year prior to the said legacies becoming vested for or towards such purposes of maintenance and education and advancement and in the same manner as such accumulations might have been applied had they been interest accruing on the same legacy in the then current year. And I authorise my trustees at any time or times during the suspense of vesting of any of the said legacies to raise the whole or any part or parts of the capital of such legacy and to pay or apply the same for the advancement or benefit of the child of my said son Henry presumptively entitled thereto as my trustees or trustee shall think fit.
13. Subject as aforesaid my trustees shall stand possessed of the said residuary monies and the income thereof In trust for such of my 6 children now living as shall be living at the time of my death and the children or child then living who being male attain the age of 21 years or being female attain that age or marry of any of my same 6 children who shall die in my lifetime and in equal shares but so that the children of anyone of my said children predecease thing me shall take equally between them (and as to the females for their respective separate use) only the share which would have been in trust for their parent had he or she survived me And so that the share or shares of any daughter or daughters of mine living at my death shall not be taken absolutely by such daughter or daughters but shall be held upon the trusts hereinafter declared concerning the same and so that there shall be brought into hotchpot in respect of the share of my daughter Charlotte Mary Norman or her children taking under this trust the sum of £5000 that is to say £3000 already advanced by me for her and £2000 which by her marriage settlement I covenanted to pay to the trustees thereof and also that the sums of £2000 which I have advanced or paid to all for the said Charles Barclay Holland and £5000 which I have advanced or paid to all for the said Edward Lancelot Holland shall be taken towards satisfaction of the share in mice residuary estate coming to each of the said Charlotte Mary Norman Charles Barclay Holland and Edward Lancelot Holland or her or his children under this my will and be brought into hotchpot accordingly. And provided also and I declare that all sums of money and property which I may hear after advanced or give or covenant or agree to give to all with any child of mine or his or her marriage or otherwise for his or her advancement or establishment in life shall in default of any direction to the contrary in writing under my hand be taken in or towards satisfaction of the share of such child in the said trust premises and shall be brought into hotchpot and accounting for accordingly.
14. I declare that my trustees shall hold the share in my said residuary estate of every and any of my said 6 children who being a daughter shall be living at my death Upon trust during the life of such daughter to pay the income of her said share to her for her separate use and so that during any coverture she shall not be able to anticipate the same and after the death of such daughter shall hold such share and the future income thereof upon trust for all or such one or more exclusively of the others or other of the children or remoter issue of such daughter and if more than one in such shares and in such manner in all respects as such daughter shall by any deed or deeds revocable or irrevocable or by will or codicil appoint. And in default of and subject to any such appointment in trust for all or any of the children or child of such daughter of mine who shall be living at my decease or born afterwards and who being a son or sons attain the age of 21 years or being a daughter or daughters attain that age or marry and if more than one in equal shares as tenants in common Provided always and I declare that no child of such daughter of mine who or whose issue shall take any part of the share of such daughter of mine under any appointment by virtue of the power hereinbefore contained shall in default of appointment to the contrary be entitled to any share of the and appointed part thereof without bringing the share or shares or interest appointed
to ....

3. Henry Lancelot Holland: Will, 4 Aug 1892, Pt 2.
...appointed
to him or her or his or her issue into hotchpot and accounting for the same accordingly Provided also and I declare that it shall be lawful for each of my daughters Elizabeth Holland and Cecilia Frances Holland at any time or times by any deed or deeds revocable or irrevocable or by will or codicil to appoint that out of the legacy share or portion by my will given in trust for her any sum or sums not exceeding altogether for each daughter £5000 shall be held in trust to pay and apply the same after the death of my wife to or for such person or persons for such purposes and in such manner as she my said daughter shall direct.
15. Provided always and I declare that it shall be lawful for every daughter of mine by deed executed prior to and in contemplation of marriage or by will or codicil to appoint unto or for the benefit of any husband who may survive her and interest for the term of his life or any less interest in the whole or any part of her share in my residuary estate and subject to any conditions or restrictions she may think fit and that in the event of any such appointment being made the interests of appointed unto or for the benefit of such surviving husband shall take effect in precedence of and priority over the trusts and provisions hereinbefore declared an contained concerning the share of such daughter to take effect after her death And I further empower any such daughter by deed executed before or after her marriage with the concurrence of her husband or intended husband to modify the power of appointment hereinbefore given to such daughter over her said share in favour of her children or remoter issue by making the same exerciseable as to all or any part of such share by such daughter and her husband jointly my deed revocably or irrevocable and in default of and subject to any such joint appointment by the survivor of such daughter and her husband in like manner all by will or codicil and the foregoing provision for hotchpot shall apply to interest taken under any appointment by virtue of such modified power
16. I declare that subject to the trusts powers and provisions hereinbefore he had an contained or by law vested in my trustees concerning the share of any such daughter of mine as aforesaid in my residuary estate and to every or any exercise of such powers my trustee shall hold such share and the income thereof in trust for such of the brothers and sisters or the issue of the brothers and sisters of such daughter or any of such objects in such manner in all respects as such daughter shall by will or codicil appoint And in default of such appointment and so far as no such appointment shall extend such share and any additional share or shares which may accrue or be added thereto by virtue of this present proviso and the income thereof respectively shall go and accrue by way of addition to the shares or share of the other persons or person taking shares in my said residuary estate and if more than one rateably according to the proportion of their respective original shares in the said estate under the trusts of this my will and so that the share which shall so accrue and be added to the share of any daughter of mine shall be held upon the trusts and with and subject to the powers and provisions hearing declared an contained concerning her original share or as near thereto as circumstances will admit
17. Provided always and I declare that my trustees shall have such powers of maintenance and accumulation with regard to the income of the expectant shares of any influence in my residuary estate or any part thereof as are provided by the 43^rd section of the Conveyancing and Law of Property Act 1881 And also that my trustees may pay or apply at their or his discretion any part not exceeding one half of the capital of the expectant or presumptive share of any such infant for the time being for or towards his or her advancement or benefit.
18. I direct my executors and trustees to wind up all concur in winding up or dispose of so soon as conveniently may after my death the business of Richards & Co., in which I am principal or sole partner or any business in which I may be engaged in my death or for that purpose if necessary to purchase out of my estate and acquire the shares of any other persons in the said business of Richards & Co., and with power to make or concur in making arrangements and compromises with debtors or creditors or persons under contracts relating to any such business and dispose of any such business or my share or interest therein by valuation or otherwise and generally on such terms as my trustees shall think fit And to settle or accept any accounts and accept pay or allow any agreed or estimated sum in satisfaction of all or any of my rights or liabilities and generally to make all such agreements in relation to any such business as my trustees may think desirable and in particular I declare that my trustees may leave to any agent partner or other persons or person the collection of any outstanding debts of any such concern and may give such time as my trustees may think proper for payment by any partner or partners or creditors or creditor of any sum or sums owing or which may become owing or which shall be agreed to be paid to my estate or to the said concern and that either with or without taking any security and generally may make all arrangements in anywise relating to the promises as fully and absolutely to all intents and purposes as they he or she could do if they he or she were acting on their his or her own account And I declare that all or any of the powers hereby given to my trustees in relation to any such business as aforesaid may in case and so far as circumstances may require be exercised by my executors or executor and all such powers may be exercised notwithstanding that any of my trustees or the executors exercising the same may be interested as partners or as a partner or otherwise in the same business or may be beneficially interested under this my will
19. Subject as hereinbefore directed I declare that it shall be lawful for my trustees to postpone the sale conversion and collection of the whole or any part or parts of my said real and personal estate respectively so long as such trustees shall in their uncontrolled discretion think proper but my real estate shall for the purpose of transmission be impressed with the quality of personality from the time of my death.
20. I empower my trustees during such interval or postponement and until the whole of my residuary estate shall have been actively divided and transferred to or among the persons beneficially entitled thereto to manage and to let upon lease or rack rent or at a premium for any term to take effect either in possession or reversion or from year to year on to cultivate my real and leasehold estates and make out of the income or capital of my real and personal estate any outlay which they or he may consider proper for improvements repairs insurance calls on shares premiums or policies or otherwise for the benefit or in respect of my real or personal estate.
21 it shall be lawful for my trustees at any time or times after my death (but during the life of my wife only with her consent in writing) specifically to appropriate and allot any part or parts of my real and residuary personal estate respectively in or towards satisfaction of the respective shares or share to which all or any of my residuary legatees may become entitled under or by virtue of the trusts powers and provisions hereinbefore contained and every or any such appropriation and allotment shall take effect from such period or periods and be made for or in respect of such sum and upon such estimate of value and in all other respects in such manner as my trustees exercising this power shall in their uncontrolled discretion think fit and all parties interested in the trust premises shall be absolutely bound by every or any such appropriation and allotment
22. My trustees shall have the fullest powers part of determining what articles pass under any specific request 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 difficulties or question may arise under or in relation to the execution of the trusts of this my will or any codicil hereto and I expressly declare that my wife and my said sons may act in the exercise and discretion of the power contained in this clause or of any other powers or trusts of this my will notwithstanding that she or they may be interested in the result And I declare that every determination of my trustees in relation to any of the matters aforesaid when the made upon a question formally or actually raised or to be implied from any acts or proceedings of my trustees in relation to the premises shall bind all parties interested under this my will and shall not be questioned or objected to upon any ground whatsoever.
23. I authorise my executors to complete or resind any contract for sale or purchase of hereditaments of any tenure in England and Scotland or elsewhere which I may have entered into and which may at my death be uncompleted And to make insist upon wave or submit to any requisitions or objections as to the title or evidence of title or otherwise whether tenable or not and either unconditionally or upon terms and to make any arrangements as to the giving or receiving compensation for error or misstatement in the particulars or otherwise and to accept any title not strictly marketable either with or without receiving an indemnity and to give an indemnity against defects in title by charge upon or otherwise out of any part of my estate and generally to act in all respects in relation to any such sale or purchase as if they were selling or purchasing as beneficial owners without being responsible for loss And I direct that all purchase money or compensation payable upon any such purchase and the costs of an incident upon the completion of any such sale or purchase shall be paid out of my residuary personal estate and that the hereditaments so purchased shall be included in the general devise of my real estate hereinbefore contained and be conveyed accordingly and the proceeds of any such sale shall be deemed part of my general personal estate.
24. I declare that my trustees shall have with regard to all properly whether in England or abroad and in conveying out of the trusts of this my will the same powers of giving receipts and discharges and rights to indemnity and reimbursement as arm by the Law of England given to trustees And that the provision as to the appointment of new trustee contained in the Conveyancing and Law of Property Act 1881 or otherwise by law applicable to trustees and trusts which are regulated by English Law shall apply to this my will and the trustees hereof for the time being to all intents and purposes.
25. I declare to be my desire and intention that wherever circumstances will permit no less than 3 trustees shall act in the execution of and perform all or any of the trusts and powers of this my will and for all purposes thereof And I direct that in addition to the ordinary indemnity and right to reimbursement by law given to trustees the trustees for the time being acting under the trusts of this my will shall be at liberty to dispense wholly or partially with the investigation or production of the lessors title on lending money on leasehold securities or otherwise to lend on any securities with less than a marketable title without being answerable for any loss occasioned thereby.
In witness whereof I have hereto set my hand
H.L. Holland
Signed by the testator in the presence of us present at the same time who in the presence of him and of each other subscribed our names as witnesses.
W.H. Withall
Ernest Balfour Trotter
Both of 19 Great George St, Westminster solicitors.

On the 29^th day of April 1893 Probate of this Will was granted to Martha Elizabeth Holland widow and Edward Lancelot Holland Esq Charles Barclay Holland Esq and the Rev Byron Holland Clerk the executors.

Henry married Martha Elizabeth CATOR [23204] [MRIN: 8334], daughter of Peter CATOR [23211] and Martha ADLER [23212]. (Martha Elizabeth CATOR [23204] was born on 29 Feb 1824 in Beckenham Kent and died on 9 Apr 1908 in Kensington LND.)