| 2. |
I confirm the Settlement made in contemplation of my marriage with my Wife and declare that the benefits hereby conferred upon her shall be in addition to and not in satisfaction of the yearly sums thereby covenanted to be paid to her and of the other benefits (if any) intended to be conferred upon her by that Settlement [see notes] |
| 3. |
I give to my said Wife absolutely all my carriages horses harness and stable furniture and effects and all my farming live and dead stock (other than the implements and utensils referred to in clause 6 of this my Will) and all my jewellery wearing apparel and articles of personal use or ornament wines liquors and other consumable stores and also such of the articles of furniture plate or other articles of household use or ornament (except oil paintings) which at my death may be in or about my house called Abbeydale Park as she shall within six calendar months from my death select to a value not exceeding £500. |
| 3a. |
Whereas I now hold 3,276 shares of £6 - 10s each in the Company known as Martin, Hall and Company Limited having its registered office in the City of Sheffield and upon each of which shares £4-16s-8d has been paid up And whereas I was a member of the Board of Directors of the Company ever since its formation down to September 1904 I was also the Chairman thereof for several years down to November 1903 And whereas in the year 1896 the said Alfred Ernest Maxfield upon my request joined the said Board of Directors and has since continued to be a member thereof and at my request he also consented on my resignation to take my place as Chairman. Now in case the said Alfred Ernest Maxfield shall be a Director of the Company or any such new or other Company as is hereinafter referred to at my death and provided I am the holder at my death of shares in any such company of at least the nominal amount of £9,000 (whether fully paid or not) I hereby bequeath to the said Alfred Ernest Maxfield and annuity of £150 free of all death duties to commence from my death and to continue during the period hereinafter mentioned and to be considered as accruing from day to day but to be paid by equal half yearly payments the first of such payments to be made at the end of six calendar months from the period hereinbefore referred to during which such annuity shall be payable shall be payable shall be so long as the said Alfred Ernest Maxfield shall continue to be a Director (whether Chairman or an ordinary member of the Board) of the said Company or any Company which may be formed upon a reconstruction of the said Company or upon an Amalgamation with any other Company provided my Trustees or Trustee shall hold shares in any such Company of at least the nominal amount of £9,000 (whether fully paid or not). I also declare that without prejudice to the general powers and provisions contained in my Will that my Trustees or Trustee shall have the widest possible discretion as to the time and mode of the sale and conversion of the shares in the said Company which shall at my death be standing in my name and shall also have the widest possible powers to enter into any arrangement or to vote for or against any scheme either relating to the sale of the said Company's property or any part thereof to any other person or Company or to the Reconstruction of the said Company or to any Amalgamation with any other Company and generally to do all such acts and things in relation to the said Company or to my holding therein for the time being in the same manner in all respects as if my Trustees or Trustee were beneficially entitled thereto. And further that the said Alfred Ernest Maxfield may exercise or concur in exercising any power or discretion as a Trustee of my said Will with reference to the sale or conversion of my holding for the time being in the said Company or any such other Company aforesaid or to the postponement thereof or with reference to any such sale Reconstruction or Amalgamation as aforesaid notwithstanding that he may have a direct or other interest in the mode or results of exercising any such power or discretion and also that he shall be entitled to vote at all meetings of the Board and of any such Company and to do all such other acts and things in relation to the matters aforesaid in the same manner in all respects as if it were not to his interest that my Trustees or Trustee should continue to hold any particular number of shares in any such Company or that the said Company should continue to exist as at present constituted. And I also expressly declare that the said Annuity so bequeathed to the said Alfred Ernest Maxfield as aforesaid shall be in addition to all fees and other emoluments which he may be entitled to receive from the said Company as Director or Chairman of the Company and also in addition to all other benefits which I have given to him by my Will including the right of himself and his firm under Clause 17 of my Will to charge and be paid all professional and other charges and also the charges of any other professional Trustee I hereby expressly declare shall be paid free of all death duties. |
| 4. |
I give the following pecuniary legacies and annuities free from all death duties and until actual payment of such legacies I direct that the same shall carry interest after the rate of £4 per centum per annum from my death
| (1) | To my Brother Joseph Hall £3,000 |
| (2) | To my Brother Benjamin Hall £2,000 |
| (3) | To or for the benefit of the following children and other issue and daughters in law of my late Brother John Hall namely :-
| (a) | Agnes Spencer (Wife of Arthur Spencer) daughter of such Brother £300 |
| (b) | The said Samuel Clark Shaw Hall, Alfred Ernest Maxfield, Arnold Thomas Watson and my friend William Burnett Esam of the City of Sheffield aforesaid Solicitor to be held by them upon the trusts and with and subject to the powers and provisions hereinafter declared in favour of Ebenezer Hall the younger son of such Brother and his wife and issue the sum of £7,500 |
| (c) | Each of the three children of the late Elizabeth Burnett daughter of such Brother who shall attain the age of 21 years £100 |
| (d) | John Clement Hall Son of such Brother £200 |
| (e) | Joseph Hall Son of such Brother £500 |
| (f) | Mrs Mary Oxley the Wife of Mr Oxley and formerly the Widow of the late Herbert Hall Son of such Brother £200 |
| (g) | Samuel Hall Son of such Brother £200 |
|
| (4) | To the following Grandchildren and children of my late Brother Joshua Hall namely :-
| | Each of the three Sons of the late Ebenezer Albert Hall (Son of such Brother) namely :- |
| (a) | Ebenezer Hall £200 |
| (b) | Job Frank Hall £200 |
| (c) | Joshua John Hall £200 |
| (d) | Job Frank Hall (Son of such Brother) £250 |
| (e) | Lydia Elizabeth Wharam (Daughter of such Brother) £500 |
|
| (5) | To the following children of my deceased Brother Stephen Hall namely :-
| (a) | Gilbert Hall £400 |
| (b) | George William Hall £400 |
|
| (6) | To the following child of my deceased Brother Samuel Hall namely :- the said Samuel Clark Shaw Hall £7,500 |
| (7) | To the following child and grandchildren of my deceased Sister Ann Storer namely :-
| (a) | Sarah Handley £300 |
| (b) | Such one or more of the children of Alice Ellen Hague (daughter of such Sister) living at my decease who attain the age of 21 years and if more than one in equal shares £300 |
|
| (8) | To the following daughter in law and Daughter of my deceased Sister Sarah the Widow of John Brooks namely :-
| (a) | Charlotte Hall the Wife of Job Frank Hall formerly the Widow of Daniel Hall (a son of such Sister by her first husband) £250 |
| (b) | Louisa Housley £200 |
|
| (9) | To my cousin Joseph Buckley now at Shrewsbury Works Sheffield £200 |
| (10) | To my cousin William Buckley the Brother of the said Joseph Buckley £200 |
| (11) | To the Widow of my late cousin William Street of Devonshire Place, Everton, Liverpool, Dairyman £200 |
| (12) | To my cousin Hannah Street (Sister of the said William Street) £200 |
| (13) | To the following children and daughters in law of my late Uncle and Aunt John and Mary Doxey namely :-
| (a) | Grace Naylor £200 |
| (b) | Hannah Spencer £200 |
| (c) | The Widow of John Doxey (Son of such Uncle and Aunt) £100 |
| (d) | Joseph Doxey £50 |
| (e) | Isiah Doxey £50 |
| (f) | Abraham Doxey £50 |
|
| (14) | To the following relatives of my said Wife namely :-
| (a) | Her Brother the Reverend Henry Bliss Wilkinson and his present Wife in equal shares or the whole to the survivor if only one alive at my death £1,000 |
| (b) | Each of their children who either before or after my decease attains the age of 21 years £100 |
| (c) | My Wife's Sister Mrs Maria Jane Beck £250. Also an annuity of £52 to her during her life |
| (d) | My Wife's Sister Mrs Matilda Mary Beck £250. Also an annuity of £52 to her during her life.
| | | And I declare that if either of my Wife's said Sisters shall die (whether before or after my death) the survivor shall be entitled to both such annuities for the rest of her life free from further duties |
| (e) | My Wife's cousin Alice Dawson Wilkinson £200 |
| (f) | Each of the three daughters of my Wife's cousin the late Mrs Margaret Judson who either before or after my decease attains the age of 21 years £100 |
|
| (15) | To my Wife's second cousin Mrs Lucy Ada King (Widow of the late George King) £250 |
| (16) | To her Son George Norman King £100 |
| (17) | To Mrs Edith Adeline French (Sister of the said Lucy Ada King) if she shall have no husband living at my death an annuity of £52 during her widowhood |
| (18) | To her Daughter Mary Dorothea French £100 |
| (19) | To each of the two daughters of The Reverend John and Ann Wilkinson (my Wife's Cousin) namely :-
| (a) | Alice Annie Wilkinson and |
| (b) | Florence Wilkinson £100 |
|
| (20) | To Mrs Annie Wheatcroft the wife of Mr Wheatcroft and the daughter of the late Mrs Hannah Alsop (Wife of Isaac Alsop now or formerly of Shrewsbury Works Sheffield) £500 |
| (21) | To Miss Mary Anstice Hendry ( a niece of the late John Roberts of Abbeydale Park) £200 |
| (22) | To her Sister Miss Ada Hendry £100 |
| (23) | To such of the children of the late Mrs Ann Simpson (Daughter of the late William Shaw of Alfreton in the County of Derby, Schoolmaster) as shall be living at my death and if more than one in equal shares (if any child under 21 years of age his or her legacy to be paid to him or her at the discretion of my Trustees or Trustee and his or her receipt to be a good discharge notwithstanding minority) £100 [see notes] |
| (24) | To her Sister Fanny £100 |
| (25) | To my Goddaughter Winifred Spratt (if under 21 years of age to be paid at the discretion of my Trustees or Trustee and her receipt to be a good discharge notwithstanding minority) £150 |
| (26) | To Edwin James Roberts of Shrewsbury Works Sheffield £200 |
| (27) | To his Sister Bessie Mclean £50 |
| (28) | To his Brother Charles Roberts £50 |
| (29) | To his Brother Henry Roberts £50 |
| (30) | Left blank |
| (31) | To Miss Janet Harris Corson now or formerly of Fulwood Road, Ranmore, Sheffield £100
| | (32) | To Mrs Lucy Barker Daughter of the late Joseph Wilkinson, Watchmaker, Sheffield Moor £100 |
| (33) | To her Brother Joseph Wilkinson (at present Timekeeper at Shrewsbury Works, Sheffield) £100 |
| (34) | To Eliza Wragg Widow of the late Peter Wragg (formerly Managing Director of Martin, Hall and Company Limited) £100 |
| (35) | To Mrs Henstock the Widow of the late William Henstock formerly of at Shrewsbury Works, Sheffield £100 |
| (36) | To his Brother John Henstock of the same works £100 |
| (37) | To George Haywood late an Assistant Manager at the same works £100 |
| (38) | To Joseph Walker the younger an Assistant Manager at the same works £100 |
Provided always and I hereby declare that in case any of the male legatees named in this clause numbered 4 (other than and except any male legatee numbered therein 3(c), 14(a), 14(b) and 16) are now dead or shall die in my lifetime having a widow or any child or children who shall survive me then I bequeath his legacy to his widow and to his child or children who shall survive me and attain the age of 21 years or being daughters or a daughter shall marry under it and this class of legatees consisting of such widow and such child or children shall if more than one take such legacy in equal shares and this proviso shall take effect in favour of Amy Hall (the Widow of my deceased Brother Stephen Hall) who has gone through the ceremony of marriage with my said Brother Benjamin Hall as if she was the lawful Widow of the said Benjamin Hall. And I also declare that in case any female legatee named or referred to in this clause number 4 (other than and except any female legatee numbered therein 3(c), 8(a), 14(a), 14(b), 14(c), 14(d), 14(e), 14(f), 18, 19, 21, 22, 25 and 31) are now dead or shall die in my lifetime then I bequeath the legacy so bequeathed to such female (other than or except as aforesaid) to her child or children (if any) who shall be living at my death and shall attain the age of 21 years or being daughters or a daughter shall marry under it, and if more than one in equal shares. And I also declare that if both the said Henry Bliss Wilkinson and his present wife numbered 14(a) in this clause shall die in my lifetime then I bequeath their legacy of £1,000 to their child or children (if any) who shall be living at my death, and shall attain the age of 21 years or being daughters or a daughter shall marry under it and if more than one in equal shares. And I further declare that if any of the male or female legatees so excepted shall die in my lifetime his or her legacy shall lapse and sink into my residuary estate and also that the word "Legatee" as used in the proviso last hereinbefore contained and in the declarations subsequent to such proviso shall not include or be deemed to refer to any annuitant in her capacity of annuitant. Provided always and I also declare that if any act or event shall happen in my lifetime or after my death whereby the annuity hereinbefore bequeathed to any person or part thereof would if belonging to him or her absolutely become vested in or changed in favour of some other person or persons or a corporation than such annuity shall cease as if he or she were dead. And if hereby declare that the said Samuel Clark Shaw Hall, Alfred Ernest Maxfield, Arnold Thomas Watson and William Burnett Esam shall hold the said sum of £7,500 bequeathed to them upon trust as aforesaid and numbered 3(b) in this clause 4 mentioned upon trust to invest same at their discretion in some or one of the investments hereinafter authorised with power from time to time to vary such investments at discretion. And upon further trust that the same four last mentioned persons and the survivors and survivor of them and the executors and administrators of such survivor or other the trustees or trustee for the time being of this trust legacy (hereinafter referred to as 'my Nephew's Trustees') shall in their absolute discretion from time to time during the life of my said nephew Ebenezer Hall the younger or during such shorter period or periods either continuous or interrupted as they shall think fit pay all or any part of the income of the said sum of £7,500 and of the moneys or investments for the time being representing the same (hereinafter referred to as 'my Nephew's Trust Legacy') unto or apply the same for the maintenance and personal support or benefit of all or any one or more to the exclusion of the other or others of the following persons namely :- my said nephew Ebenezer Hall the younger and his wife (if any) and his child or children or remoter issue for the time being in existence (including a child, children or issue who have attained 21) and other persons or person for the time being entitled or interested whether absolutely, contingently or otherwise in this trust legacy or any part thereof under the trusts herein contained after the death of such nephew an such shares and proportions and in such manner as my Nephew's Trustees shall in their absolute and uncontrolled discretion from time to time think proper. And subject to the discretionary trust or power lastly hereinbefore contained shall hold the said income or so much thereof as shall not be applied under such discretionary trust or power upon the trusts and for the purposes upon and for which the said income would for the time being be held if my said Nephew were then dead. And after the death of my said Nephew Ebenezer Hall the younger shall stand possessed of the capital and income of my Nephew's Trust Legacy upon trust for his present wife (if she shall survive him) and his child or children by her who shall be living at his death and shall attain the age of 21 years or being daughters or a daughter shall marry under it and this class of beneficiaries consisting of such present wife and such child or children shall if more than one take such trust legacy in equal shares. Provided always, and I declare that in the event of the failure or determination of the trust or power lastly hereinbefore declared and contained concerning my Nephew's Trust Legacy such trust legacy and the income thereof or so much thereof respectively as shall not have been applied or disposed of under any of the trusts or powers hereinbefore contained or under any statutory power shall fall into and form part of my residuary estate. And I hereby declare that (in addition to the powers of maintenance, education and accumulation of surplus income given by Statue to Trustees) my Nephew's Trustees may at any time or from time to time (but during the life of my said Nephew only with his consent in writing) raise and part of parts not exceeding together one half of the presumptive or rested share of any child of my said Nephew under the trusts hereinbefore declared and may pay or apply the same for the advancement or benefit of such child as my Nephew's Trustees shall think proper. |
| 5. |
I give to my Trustees or Trustee ..... [pg. 12 - not transcribed] |
| 6. |
I give my Abbeydale Park Estate .... [pg. 13 - not transcribed] |
| 7. |
I declare that on the cesser of user and enjoyment of the said Abbeydale Park Estate and trust premises by my said wife no claim shall be made by or against her or her representatives in reference to any tenant right or what would be tenant right were the land occupied by a yearly or other tenant. |
| 8. |
I devise and bequeath all the real and personal estate not hereby or by any Codicil hereto otherwise specifically disposed of which I can dispose of by Will in any manner I think proper either as beneficially entitled thereto under any general power unto my Trustees hereinbefore named ...... [pg. 16 - not transcribed] |
| 9. |
And I declare that my Trustees or Trustee shall stand possessed of the investments by this my Will directed.....[pg. 17 - not transcribed] |
| 10. |
And upon the death or second marriage of my said wife (which shall first happen) I direct that my Trustees or Trustee shall (subject to the provision being made for the said annuity of £1,000 hereinbefore directed to be paid to my said Wife in case she shall marry again) out of my residuary trust fund raise and pay the following legacies together with the legacy duty thereon respectively. And I bequeath such legacies free of duty accordingly that is to say -
First
[To the Sheffield Royal Infirmary £300
To the Sheffield Royal Hospital £500
To the Sheffield Children's Hospital £250
To the Jessop Hospital at Sheffield for women £250
To the Sheffield Nurses Home and Training Institution £100
To the Sheffield Boys Charity Scholl £200
To the Sheffield Girls Charity Scholl £300
To the Totley Orphanage near Sheffield £350
To the Wirksworth Hospital £250]
And I declare that the receipt of the Treasurer or other proper officer for the time being of the same respective Institutions shall be a sufficient discharge for the same respective legacies.
Secondly
(a) To the Vicar and Churchwardens for the time being of the Church (of which the Reverend Edwin Cuthbert Howard is the present Vicar) of the Hamlet or Township of Middleton-by-Wirksworth in the Parish of Wirksworth in the County of Derby such a sum as at the date of payment thereof will purchase a sum of Government Stock of the United Kingdom sufficient to to produce the yearly sum of £25 upon trust to apply the same yearly sum for the benefit of the poor inhabitants of the said Hamlet or Township of Middleton-by-Wirksworth.
(b) To the Vicar and Churchwardens (if any) for the time being of the Church (if any) in the Hamlet or Township of Totley in the Parish of Dronfield aforesaid such a sum of cash as at the date of payment thereof will purchase a sum of Government Stock of the United Kingdom sufficient to to produce the yearly sum of £15 upon trust to apply the same yearly sum for the benefit of the poor inhabitants of the said Hamlet or Township of Totley. Provided always that if at the time when this trust takes effect there shall be no Church ) in the Hamlet or Township of Totley or if there shall be no separate Vicar and Churchwardens thereof the said sum of cash so bequeathed as last aforesaid shall be paid to the Vicar and Churchwardens for the time being of Christ Church in the Chapelry or Township of Dore next hereinafter mentioned to be held by them upon the same trusts as are hereinbefore declared of and concerning the same so that the said yearly sum of £15 may be applied by them for the benefit of the poor inhabitants of Totley aforesaid. Provided nevertheless that if any at any time after the proviso lastly hereinbefore contained shall have taken effect a Church shall be created in the said Hamlet or Township of Totley and a separate Vicar and Churchwardens shall be constituted or appointed for the same then I direct that such last mentioned Vicar and Churchwardens for the time being shall thereupon become the administrators of this charitable bequest.
(c) To the Vicar and Churchwardens for the time being of Christ Church in the Chapelry or Township of Dore in the Parish of Dronfield aforesaid such a sum of cash as at the date of payment thereof will purchase a sum of Government Stock of the United Kingdom sufficient to to produce the yearly sum of £20 upon trust to apply the same yearly sum for the benefit of the poor inhabitants of the said Chapelry or Township of Dore.
(d) To the To the Vicar and Churchwardens for the time being of the Church (of which the Reverend Charles Bradshaw is the present Vicar) of the Chapelry of Holmesfield in the Parish of Dronfield aforesaid such a sum of cash as at the date of payment thereof will purchase a sum of Government Stock of the United Kingdom sufficient to to produce the yearly sum of £12 upon trust to apply the same yearly sum for the benefit of the poor inhabitants of the said Chapelry of Holmesfield. And I direct the Vicar and Churchwardens for the time being of the said Churches respectively but in conjunction with my Trustees or Trustee at the expense of my estate to take all such proceedings (either by way of application to the Charity Commissioners or otherwise) and to execute and do all such documents and things as my Trustees or Trustee may consider necessary or desirable for the purpose of transferring or causing to be transferred such several sums of stock into the names of the Official Trustees of Charitable Funds but so that such Transfer shall not in any way preclude the Vicar and Churchwardens for the time being of the said Churches from applying such last mentioned yearly sums in such manner as they in their uncontrolled discretion may think fit for the purpose of giving effect to my intention as hereinbefore expressed and in case any question shall arise as to what particular Goverment Stock shall be purchased the same shall be decided by my Trustees or Trustee. Without imposing any obligation I express the desire that the distribution of the said yearly sums shall be made annually on every 24th of December.
Thirdly
(a) To the Vicar and Churchwardens for the time being of St. John the Evangelist at Abbeydale aforesaid of which the Revd John Arnold Kerfoot is now the Vicar the sum of £3000 to be applied by them for or towards the purpose of enlarging the said Church or otherwise increasing the accommodation for worshippers therein but so that no part of such sum shall be expended in the purchase of land
(b) [To the Vicar and Churchwardens for the time being of the Church of the Hamlet of Middleton-by-Wirksworth aforesaid (of which the Reverend Edwin Cuthbert Harwood is now the Vicar) the sum of £2500 to be applied by them in or towards the erection of a Chancel and also of a Tower or a Bell Tower to the said Church and also in or towards the fixing or placing of a stained glass window at the East end of such Chancel and an suitable Bell in the said Tower or Turret or in or towards any of such objects but so nevertheless that no part of such sum shall be expended on the purchase of land].
(c) To the Vicar and Churchwardens for the time being of St. John, The Park, Sheffield the sum of £300 to be applied by them for the purpose of improving the building of the School connected with such Church
and Whereas the three last mentioned legacies may not become payable for many years after my death And it may so happen or be considered desirable that the said objects hereinbefore specified in relation to such legacies have been or should be accomplished and carried out either wholly or in part prior to the date when such legacies will become payable Now I hereby declare (by way of addition to and without prejudice to all other powers given by this my Will) that that in case any of such objects shall have been accomplished or carried out but not paid for either wholly or in part prior to the date when the said legacies will become payable my Trustees or Trustee at their or his discretion upon the the said legacies becoming payable and instead of paying the same to the Vicar and Churchwardens to whom the said legacies respectively are so bequeathed may pay any sum (but not exceeding the amount of such legacies respectively) in satisfaction or part satisfaction (as the case may be) of any money then owing in in reference to any of the said objects respectively but without any interest for the same. And further that the Vicar and Churchwardens of the said several Churches may with the consent in writing of my Trustees or Trustee and of my Wife during her widowhood either by mortgage of such reversionary legacy or by effecting a policy or policies on any life or lives by both or either of the ways aforesaid or by any other reasonable ways or means (other than an absolute sale of such legacy) raise or assit in the raising of any such sums of money which they may think fit to raise provided that the money so raised is only applied for the purpose of accomplishing or carrying out the said objects respectively and in accordance with plans to be approved of by my Trustees or Trustee and my said wife if living (and then my widow) but so nevertheless that no mortgagee or other person or Company advancing any money in pursuance of this power shall be bound to see that it is so applied or be otherwise concerned as to its application and so that any interest which may be necessary to be paid to any such person or company or any premiums on such policy or policies (if any) shall not be raised or paid out of such legacy but shall be paid or provided for by some other persons or person or from some other source and further that if and when the said several legacies shall become payable and the objects for which the same were respectively bequeathed shall by any of the ways or means aforesaid or otherwise have been accomplished ao carried out my Trustees or Trustee (but subject to the exercise of the discretionary power of payment aforesaid and to the satisfaction and discharge of any charge or incumbrance which in exercise of the aforesaid power in this behalf the Vicar and Churchwardens of any such Churches may have created) may instead of paying the said three last mentioned legacies to the respective legatees hereinbefore named apply such legacies respectively or the balance thereof respectivevly in or towards the general improvement of the respective Churches referred to in such legacies respectively or of the Vicarage House or the Day or Sunday Schools (if any) which may for the time being belong or be attached to the said Churches respectively or as to the said Schools be managed by a Committee consisting or persons who are members of the Church of England and resident in or near to the parishes or District appropriated or allotted to any such Churches and any such improvement shall be deemed to include any additions to existing buildings or the repair or decoration thereof respectively but so that no part of such legacies shall be applied for the improvement of a Board School. And I hereby declare that that if no such improvement shall be in the opinion of my Trustees or Trustee ne necessary or desirable in any one or more of the said Churches, Vicarages or Shcools or such improvement shall not exhaust the whole of the said respective legacies then such legacies (but subject as hereinbefore mentioned) shall be paid to the Governors of the Bounty of Queen Anne for the augmentation and maintenance of the Poor Clergy to be by them applied and disposed of for the augmentation of the Vicarages or Incumbency of the said Churches respectively.
Fourthly
To the said Governors of the Bounty of Queen Anne for the augmentation and maintenance of the Poor Clergy the five following sums namely
(a) The sum of £3000 to be by them applied and disposed of for the augmentation of the Vicarage or Incumbency of Abbeydale aforesaid (of which the Reverend John Arnold Kerfoot is now now the Vicar).
(b) The sum of £1500 to be by them applied and disposed of for the augmentation of the Vicarage or Incumbency of the Hamlet or Township of Middleton-by-Wirksworth aforesaid (of which the Reverend Edwin Cuthbert Harward is the present Vicar)
(c) The sum of £1000 1500 to be by them applied and disposed of for the augmentation of the Vicarage or Dore aforesaid
(d) The sum of £1000 1500 to be by them applied and disposed of for the augmentation of the Vicarage of Holmesfield aforesaid (of which the Reverend Charles Bradshaw is now the Vicar) and
(e) The sum of £500 to be by them applied and disposed of for the augmentation of the Vicarage or Incumbency of St John's, The Park, Sheffield aforesaid.
And I declare that all the said legacies by this clause (numbered 10) bequeathed (except the legacies herein secondly specified) shall carry interest at the rate of two and a half per centum per annum from the time when the same shall become payable.
|
| 11. |
And I declare that after all the said legacies by the last preceding clause directed to be raised and paid have been so raised and paid together with the legacy duty thereon respectively my Trustees or Trustee shall stand possessed of my residuary trust fund. In trust for such persons and for such estates and interests and in such shares and generally in such manner as next hereinafter mentioned that is to say :-
| (a) | As to one moiety of one tenth of the balance of my residuary trust fund I direct my Trustees or Trustee to raise out of such moiety the sum of £3,000 (free of legacy duty) and to pay the same to my said Nephew the said Ebenezer Hall the younger absolutely. And I direct that the same shall carry interest at the rate of 4% per annum from the date of distribution of my Residuary Trust Fund and that the residue (if any) of such moiety after raising thereout the said last mentioned sum and duty and the income of such residue shall go and accrue to and be held in trust for the other and others of the persons or objects named or referred to in this clause (numbered 11) of my said Will and in the same shares and proportion as those in which the balance of my residuary trust fund is hereby made divisible and shall be added and accrue to and devolve with the original share or shares or as near thereto as circumstances will admit to the interest that the last proviso contained at the end of this clause shall operate and take effect with respect to such residue in the same manner in all respects as if the same had been a share in the balance of my residuary trust fund and trusts had been hereby declared concerning the same and as if such trusts had failed prior to my death. |
| (b) | As to the other moiety of the same one tenth share. In trust for my Nephew Joseph Hall (one of the sons of my late Brother John Hall) absolutely. |
| (c) | As to three tenths of one other tenth share of the balance of my residuary trust fund. In trust for Agnes Spencer (the Wife of Arthur Spencer and a daughter of my late brother John Hall) absolutely. |
| (d) | As to the other two tenths of the same one tenth share. In trust for all or any of the children or child of my late Niece Elizabeth Burnett (Wife of F.J. Burnett and another Daughter of the said John Hall) who shall be living at my death and shall attain the age of 21 years or being daughters or a daughter shall marry under it and if more than one in equal shares. |
| (e) | As to three other tenths of the same one tenth share. In trust for all or any of the children or child of my late Nephew Herbert Hall (another son of my late brother John Hall) who shall be living at my death and shall attain the age of 21 years or being daughters or a daughter shall marry under it and if more than one in equal shares. |
| (f) | As to the two remaining tenths of the same one tenth share. In trust for my Nephews John Clement Hall and Samuel Hall (two other sons of my late Brother John Hall) absolutely in equal shares as tenants in common. |
| (g) | As to one other tenth share of the balance of my residuary Trust Fund. In trust for all or any of my Nephews and Nieces (being children of my late Brother Joshua Hall) living at my decease and the child or children (including the said Ebenezer Albert Hall a Son of my late Nephew Ebenezer Albert Hall) then living of any such then deceased Nephew or Niece who either before or after my decease being male attain the age of 21 years or being female attain that age or marry in equal shares but so that the children of any such deceased Nephew or Niece if more than one shall equally between them only share which their parent would have taken had he or she survived me. |
| (h) | As to one other tenth share of the balance of my residuary trust fund. In trust for my Brother Joseph Hall absolutely. |
| (i) | As to one other tenth share of the balance of my residuary trust fund. In trust for all or any of my Nephews and Nieces (being children of my late Brother Stephen Hall) then living of any such then deceased Nephew or Niece who either before or after my decease being male attain the age of 21 years or being female attain that age or marry in equal shares but so that the children of any such deceased Nephew or Niece if more than one shall equally between them only share which their parent would have taken had he or she survived me. |
| (j) | As to one other tenth share of the balance of my residuary trust fund. In trust for my Brother Benjamin Hall absolutely. |
| (k) | As to one moiety of one other tenth share of the balance of my residuary trust fund. In trust for my said Nephew Samuel Clark Shaw Hall absolutely. And as to the other moiety of the same one tenth share. In trust for the other and others of the persons or objects named in this clause (number 11) of this my Will (except the person named in Subclause A) and in the same shares and proportions as those on which the balance of my residuary trust fund is by this clause (other than by Subclause A) made divisible and to be added and accrued and devolve with the original share or shares next thereto as circumstances will admit. To the intent that the last proviso contained at the end of this clause 11 shall operate and take effect with respect to such last mentioned moiety in the same manner in all respects as if trusts had by this Subclause K been declared concerning the same and as if such trusts had failed prior to my death. |
| (l) | As to four twentieths of one other tenth share of the balance of my residuary trust fund. In trust for the said Annie Wheatcroft absolutely. |
| (m) | As to four other twentieths of the same one tenth share. In trust for Sarah Handley (the wife of Joshua Handley and a daughter of my late Sister Ann Storer) absolutely. |
| (n) | As to four other twentieths of the same one tenth share. In trust for all or any of the children or child of my late Niece Alice Ellen Hague (another daughter of my late Sister Ann Storer) who shall be living at my death and who shall be living at my death and shall attain the age of 21 years or being daughters or a daughter shall marry under it and if more than one in equal shares. |
| (o) | As to three other one twentieths of the same one tenth share. In trust for Charlotte Hall (the Widow of my late Nephew Daniel Hall who was the son of my late Sister Sarah Brooks by her first husband) absolutely. |
| (p) | As to the five remaining one twentieths of the same one tenth share. In trust for Louisa Housley (the wife of John Housley and another daughter of my late sister the said Sarah Brooks by her first husband) absolutely. |
| (q) | As to one other tenth share of the balance of my residuary trust fund. In trust for my Wife's Brother the said Henry Bliss Wilkinson absolutely. |
| (r) | As to seven tenths of one moiety of the remaining one tenth share of the balance of my residuary trust fund. In trust for such of them the said Samuel Clark Shaw Hall, Alfred Ernest Maxfield and Arnold Thomas Watson as shall be living at my death and shall accept the office of Executor and Trustee of this my Will and if more than one in equal shares. |
| (s) | As to the three remaining tenths of the same moiety of the same one tenth share. In trust for the persons who at the date of distribution of my residuary trust fund under this clause (and whether or not the said annuity of £500 in favour of my said wife may then be payable) shall be the Trustees of this my Will in equal shares as tenants in common. |
| (t) | As to four tenths of the remaining moiety of the same one tenth share of my residuary trust fund. In trust to apply the same in or towards the erection, completion or enlargement of a Church in the Hamlet or Township of Totley aforesaid but so that no part of such four tenths shall be expended in the purchase of land. |
| (u) | As to two other tenths of the same moiety of the same one tenth share upon trust to offer the same either to the Governors of the Bounty of Queen Anne for the augmentation and maintenance of poor Clergy or ...... [pg. 29 - not transcribed] |
| (v) | As to three other tenths of the same moiety of the same one tenth share. In trust for Edwin James Roberts now of Shrewsbury Works in the City of Sheffield aforesaid absolutely. |
| (w) | And as to the remaining one tenth of the same moiety of the same one tenth share in trust for Joseph Walker the elder now the Assistant Manager at the Shrewsbury Works aforesaid. |
Provided always and I hereby declare that in case any of them my Nephew the said Joseph Hall, Agnes Spencer, John Clement Hall, Samuel Hall, Samuel Clark Shaw Hall, Annie Wheatcroft, Sarah Handley, Charlotte Hall, Louisa Housley, Henry Bliss Wilkinson, Edwin James Roberts and Joseph Walker the Elder are now dead or shall die in my lifetime leaving a child or children who shall survive them then I declare that his or her share in the balance of my residuary trust fund shall be held on trust for his or her child or children (if any) who shall survive me and attain the age of 21 years or being daughters or a daughter shall marry under it and if more than one in equal shares. Provided always and I further declare that in the event of the failure or determination of the trusts hereinbefore declared and contained concerning any share in the balance of my residuary trust fund (other than the shares the trusts whereof are declared by Subclause "J" and "U") such share as well as any sum of money or any share or shares accruing or added thereto by virtue of this provision or Subclause A hereof or the proviso annexed to Subclause "U" hereof and the income thereof or so much thereof respectively as shall not have been applied or disposed of under the trusts or powers herein contained or by law vested in my Trustees or Trustee shall go and accrue to or be held in trust for the other and others of the persons or objects named or referred to in this clause (numbered 11) of this my Will (except the person named in Subclause A but including the objects referred to in Subclauses J and K hereof) in the same shares and proportions as those on which the balance of my residuary trust fund is by this Clause (other than by the said Subclause A) made divisible and shall be added to and devolve with the original share or shares or as near thereto as circumstances will admit. |
| 12. |
And I hereby declare that the expression "the date of distribution of my residuary trust fund" contained in the last preceding clause of this my Will shall be construed to mean the death or future marriage of my said Wife (which shall first happen) but in case of the death of my said Wife in my lifetime then such expression shall mean my own death. |
| 13. |
And I hereby declare that the interest which by the 4th and 10th clauses of this my Will and by Subclause A of the 11th clause of this my Will I have directed to be paid on the pecuniary legacies and sums of £3,000 therein respectively referred to shall be payable out of the income of my estate but if such income shall at any time be insufficient to meet such interest after making all these payments hereby directed to be paid out of income all these payments shall be paid out of capital of my estate. |
| 14. |
I empower my Trustees or Trustee with respect to any legacy share or property (except as regards my Nephew's Trust Legacy under clause 4 of my Will and which is therein specifically provided for) to which any beneficiary under this my Will under the age of 21 years shall for the time being expectantly absolutely or contingently entitled under this my Will to raise all or any part or parts of such legacy share or property and apply the same for putting the beneficiary entitled as aforesaid to any profession, business or otherwise for his or her advancement, preferment or benefit in any way my Trustees or Trustee may think proper and any part or parts to be raised as aforesaid may be used for the maintenance and education of such beneficiary. Provided always that the powers given by this clause shall not be exercised so as to prejudice any annuity hereinbefore given or any tenant for life or other persons entitled to an interest prior to such beneficiary without the written consent of the annuitant, tenant for life or other person but a restrain or anticipation of income shall not disqualify any married woman from giving such consent. |
| 15. |
My Trustees or Trustee may from time to time invest any moneys liable to be invested......
[pg. 32 - here follows a long list of do's and don'ts for investment] |
| 16. |
I empower my Trustees or Trustee but so far as regards the Abbeydale Park Estate and the chattels and effects contained therein subject to the written consent of my said wife as long as she has any interest in such premises under or by virtue of this my Will to exercise with regard to all or any of the trust premises for the time being rested in or at law or in equity held by my Trustees or Trustee subject to all or any of the trusts of this my Will all or any of the powers following, that is to say
| (1) | To collect the proceeds and to make any allowances to and arrangements with tenants, lessees and occupiers |
| (2) | To accept surrender of any Leases or Tenancies |
| (3) | To repair or remove building and to erect additional or new ones |
| (4) | To insure buildings against damage by fire |
| (5) | To make roads, drains and other improvements |
| (6) | To make leases for any periods whether definite or indefinite and either in consideration of rents or premiums or both or for any other considerations (all premiums or other considerations not being rents or of the nature thereof to be regarded as capital) |
| (7) | To empower any Lessee or Assignee to purchase the reversion of any demised premises upon any terms definite or indefinite |
| (8) | To mortgage conferring on the mortgagee or mortgagees any powers especially of leasing or sale which may be thought proper |
| (9) | To exchange or make partition of or allot in security with power to give any money for equality of exchange or on partition or allotment and all such money being regarded as capital and to make any divisions or allotment of my trust estate or any part or parts thereof which may be thought necessary or convenient for the better carrying into effect the trusts and provisions of this my Will. |
| (10) | Upon any lease, sale, mortgage, exchange, partition, allotment in severalty or upon any other occasion to make any reservations especially with regard to any mines, minerals, clay, timber or easements which may be thought proper and to deal with such reservations or the subject matters thereof as if the same were integral hereditaments |
| (11) | To allow all or any of my estate to remain invested as at my decease it being my intention that no calling in of money or sale or conversion of property shall take place until such time or times as my Trustees or Trustee shall think proper and that this provision shall not be affected by the fact that at my decease any of my property is of a depreciating character or invested in a manner wholly different to that hereinbefore authorised and so that the income of property remaining invested as aforesaid shall devolve and be applied exactly as if it were income from investments made by my Trustees or Trustee |
| (12) | To pay any calls made upon any shares held by me at my decease or required afterwards by my Trustees or Trustee pursuant to this my Will or upon any new or additional shares in respect of shares so held or acquired and to give all consents and to do all acts with regard to any of the said shares which my Trustees or Trustee could have done if they or he were absolute beneficial owners |
|
| 17. |
The Trustees or Trustee, Executors or Executor of this my Will may in their or his uncontrolled discretion instead of acting personally employ and pay a Solicitor or firm of Solicitors or any other person to transact all business ......[pg. 35 - not transcribed] |
| 18. |
The statutory power appointing new Trustees or a new Trustee of this my Will shall be exercisable by the persons or person prescribed by statute in this behalf but during the widowhood of my said wife only with her consent in writing. |
| 19. |
When there is only a single Trustee of my Will one or more Trustees shall be appointed as early as conveniently may be and meanwhile the powers of the sole Trustee shall be confined to the doing what is needful to effect such appointment and the receipt and distribution of the income of the trust premises under his control and in particular I declare that when the ultimate distribution of my residuary trust fund is made under clause 11 hereof there shall be at least two Trustees in existence. |