James Gay LAYARD [27128]

  General Notes:

James was named after James Gay, C.C.S. 1808 - 1820.

He was the Govt Agent for Kandy Ceylon, retired to England on £100pa. 28 Feb 1851.

Layard James Gay of Haughton Haslemere SRY formally of the Ceylon Civil Service died 29 November 1894. Probate London 28 December 1894 to Barbara Caroline Street (wife of Henry William Sreet, Esquire) and the said Henry William Street. Effects £852 3s 8d
National Probate Calendar

  Other Records

1. James Gay Layard: Will, 28 Jul 1894 Proved 28 Dec 1894.
I JAMES GAY LAYARD now residing at Haughton Haslemere in the county of Surrey declare this to be my last will I appoint my daughter Barbara Caroline Street and my son in law Henry William Street of Haughton Haslemere aforesaid Esquire (who are hereinafter referred to as my trustees) to be the EXECUTORS and TRUSTEES of this my will And I bequeath to my said daughter or if she shall die in my lifetime then to my said son in law all my plate and plated articles I give devise and bequeath all my real estate and all my personal estate not hereby otherwise disposed of unto and to the use of my trustees Upon trust to sell call in collect or otherwise convert into money such parts of the premises as shall not consist of money (but as to property of a reversionary nature not until the same shall fall into possession unless my trustees shall see any special reason to the contrary) and shall out of the moneys to arise from such sale calling in collection and conversion and the ready money of which I shall be possessed at my death pay my funeral and testamentary expenses and debts and invest the residue of the said moneys in such manner as they shall in their absolute discretion think fit with power to vary such investments at their discretion and shall pay the income of the said residue of the said moneys and the investments for the time being representing the same (which are hereinafter referred to as the trust fund) unto my son Edward Fotheringham Layard until he shall die or become bankrupt or assign charge or incumber or attempt to assign charge or incumber the same or any part thereof or do or suffer something whereby the same or some part thereof would by operation of law or otherwise if belonging absolutely to him become vested in or payable to sorie other person or persons And after the failure or determination of the trust hereinbefore declared in favour of my said son shall during his life apply so much of the said income as to my trustees shall in their absolute and uncontrolled discretion seem proper for the maintenance or benefit of the said Edward Fotheringham Layard his wife and children or any of them And shall accumulate the residue thereof in the way of compound interest by investing the same and the resulting income in manner aforesaid And I hereby declare that after the death of my said son Edward Fotheringham Layard my trustees shall hold the trust fund and the accumulated investments (if any) and the income thereof or so much thereof respectively as shall not have become vested or been applied under any of the trusts herein contained or by statute implied In trust for Beatrice Louisa Layard the wife of the said Edward Fotheringham Layard if she shall srvive him during her life and from and after her decease or from and after the decease of the said Edward Fotheringham Layard which shall last happen In trust for all or any such one or more exclusively of the other or others of the children of the said Edward Fotheringahm Layard in such manner in every respect as he shall by will or codicil appoint And in default of any and subject to any such appointment In trust for such children or child of the said Edward Fotheringham Layard as 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 and if more than one in equal shares And if there shall be no child of the said Edward Fotheringahm Layard who being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry then I declare that my trustees shall stand possessed of the trust and the said accumulated investments or any or so much thereof as shall not have become vested or been applied as aforesaid In trust for the said Barbara Caroline Street absolutely Provided always and I hereby declare that my trustees may retain any part of my personal estate in such state of investment as the same shall be in at my death without incurring any liability by reason of their so doing and may postpone the sale conversion and collection of all or any part or parts of my said real and personal estate respectively so long as they shall deem proper but my real estate shall be considered as personalty from the time of my death and during such postponement my trustees may manage my real and leasehold estates and exercise over and in relation thereto all such powers of or with reference to leasing as a tenant for life thereof might exercise under ss 6 to 13 (both inclusive) of the Settled Land Act 1882 and the Settled Land Act 1889 and may make out of the income or capital of my real and personal estate any outlay which my trustees may consider proper for improvements repairs insurance calls on shares premiums on policiesuor,,vbherwise for the benefit or in respect of my real and personal estate And I declare that the net rents and profits or other income produced from every or any part of my real or personal estate previously to the conversion or collection thereof shall be applied in the same manner in all respects as if the same were income arising from investments made by my trustees as hereinbefore directed
IN WITNESS whereof I have hereunto set my hand this twenty eighth day of July One thousand eight hundred and ninety four
J G LAYARD
Signed and declared by the above named James Gay Layard as and for his last will in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
HERBERT M F WHITE 6 Whitehall Place Solicitor
EDWARD FEILD COLE Solr clerk to Messrs White Borrett & Co Solrs 6 Whitehall Place, London SW

ON the 28th day of December 1894 Probate of this will was granted to Barbara Caroline Street and Henry William Street the executors

James married Jane CAMPBELL [27201] [MRIN: 9767] on 8 Dec 1846 in Ayr SCT. (Jane CAMPBELL [27201] was born circa 1819 in Scotland and died on 24 May 1862 in Colombo Ceylon..)