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THE
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[1] This is the last will and testament of me Thomas Henry Huxley of "Hodeslea" Staveley Road Eastbourne in the County of Sussex Esquire.
1. I appoint my Sons in Law Frederick William Waller and John Collier Executors and Trustees of this my Will and they and the survivor of them and the executors or administrators of such survivor or other the Trustees or Trustee for the time being of this my Will are all hereinafter included in the expression "my Trustees."
2. I bequeath my wearing apparel and articles of personal use or ornament and the household furniture books pictures plate linen china glass wines liquors and household and consumable stores of which I shall die possessed to my dear Wife Henrietta Huxley absolutely and I also bequeath to my said Wife the sum of Three hundred pounds for her immediate use to be paid as soon as possible after my decease.
3. I devise and bequeath the real estate and the residue of the personal estate of which I shall die possessed (hereinafter called my "Residuary Estate") unto my Trustees. Upon trust that my Trustees shall when and as they in their discretion shall think proper sell and realize the same (subject nevertheless as to my residence Hodeslea aforesaid or any other residence of mine to the provision hereinafter contained concerning the same) and shall invest the net proceeds of such sale and realization in manner hereinafter authorized and shall pay the income arising from such investments and from my residuary estate until sold or realized (and notwithstanding that any part thereof may be of a wasting or determinable nature) to my said Wife for her life for her separate use and so that she shall not have power to anticipate the same. And I declare that if at any time or times during the life of my said Wife the annual income arising from my residuary estate (other than and except any residence of mine so long as the [2] same shall be occupied by my said Wife under the provision in that behalf hereinafter contained) or the investments of the proceeds of the sale and realization thereof shall in any one year amount to less than the sum of five hundred pounds then it shall be lawful for but not obligatory upon my Trustees in their absolute and uncontrolled discretion by sale or realization of a sufficient part or parts of my residuary estate (other than as aforesaid) or of the investments representing the proceeds of the sale and realization thereof to raise such a sum of money as shall together with the income arising in any such year as aforesaid make up the sum of Five hundred pounds and to pay the same to my said Wife as if the same formed part of the income arising as aforesaid and by way of addition to such income. And for the purposes aforesaid 1 empower by Trustees at any time or times during the life of my said Wife if they shall in their absolute and uncontrolled discretion think it desirable or expedient so to do to purchase in their names from Government or some Public Company an Annuity or Annuities for the life of my said Wife of such an amount as shall in their Judgment be sufficient together with the annual income arising from such part of my residuary estate (other than as
aforesaid) as shall not have been sold in exercise of this discretionary power to make up the annual sum of Five hundred pounds and for such purpose from time to time to sell or realize a sufficient part or parts of my residuary estate (other than as aforesaid) or of the investments representing the proceeds of the sale and realization thereof. And I declare that such annuity or annuities when purchased shall be paid together with the whole of the annual income arising from such part of my residuary estate (other than as aforesaid) as shall not have been sold under the discretionary power lastly hereinbefore contained to my said Wife during her life in the same manner as if such annuity or annuities formed part of such annual income.
4. I declare that notwithstanding the trust for sale and conversion of my residuary estate hereinbefore declared my Trustees shall permit my said Wife to have the use and occupation of my residence "Hodeslea" aforesaid or of any other dwellinghouse belonging to me and in which I shall be resident at my decease as her residence during her life or for so long as she shall think fit to reside therein she keeping the same in tenantable repair and insured against fire and paying all rent rates taxes and other outgoing payable in respect of the same. And I declare that the trust for sale hereinbefore contained so far as regards the said residence shall be suspended until the decease of my said Wife or until she shall cease to reside therein. And I declare that as to any other portion or portions of my residuary estate it shall be lawful for my Trustees to postpone the sale and realization thereof for such time as they shall in their absolute discretion think proper and that in the meantime the income produced thereby shall be paid and applied to the person or persons and in manner to whom and in which the same would be paid and applied if it were income arising from the investments of the proceeds of the sale or realization of such portion or portions of my residuary estate and I [3] declare that it shall be lawful for but not obligatory upon my Trustees to treat all profits and moneys arising from my published works which may be paid to them as if the same were income arising from duly authorized investments without reference to the period when the copyright in such works shall determine and to pay and apply the same accordingly.
5. I declare that from and after the decease of my said Wife and subject to the trusts and provisions hereinbefore declared and contained my Trustees shall raise out of my residuary estate or the investments representing the proceeds of the sale and realization thereof the sum of Five hundred pounds and shall hold such sum in trust for my Granddaughter Joyce Collier if and when she shall attain the age of Twenty one years or shall marry and if the said Joyce Collier shall die in my lifetime leaving a child or children living at my death and who being male shall attain the age of Twenty one years or being female shall attain that age or marry the said sum of five hundred pounds shall be held in trust for such child or children and in equal shares if more than one and subject as aforesaid my Trustees shall stand possessed of my residuary estate and the investments representing the proceeds of the sale and realization thereof and the income thereof in trust for my six children Jessie Oriana Waller Leonard Huxley Rachel Ackersley Nettie Roller Henry Huxley and Ethel Gladys Collier in equal shares.
6. Provided always and I hereby declare that if any one or more of my said Six children shall die in my lifetime leaving issue in existence at my death the issue in existence at my death and who being male attain the age of Twenty one years or being female attain that age or marry under that age of each child of mine so dying shall take by substitution as tenants in common in equal shares per stirpes if more than one (and so that no issue remoter than a child of such deceased child of mine shall take except in case of the death in my lifetime of his her or their own parent and in the place of such parent) the share in the said residuary trust premises which such child of mine would have taken under the trust in that behalf hereinbefore declared if he or she had survived me.
7. I declare that the sum of One thousand pounds which was settled by me upon my said daughter Jessie Oriana Waller on her marriage and the sum of One thousand five hundred pounds which has been given by me to my said Son Henry Huxley and also any other sum of money or property exceeding One hundred pounds in amount or value at one time which may hereafter be settled or given by me upon or to any of my said six children shall (unless I shall hereafter in writing direct to the contrary) for the purpose of division of my residuary estate upon the decease of my said Wife be considered as forming part of the share of` the child upon or to whom the same shall have been settled or given as afore-said and shall be brought into hotshot by him or her or his or her issue and accounted for accordingly.
8. I empower my Trustees after the death of my said Wife or in her lifetime with her consent in writing to apply any part not exceeding a moiety of the capital of the vested [4] or contingent share of any person under any of the trusts aforesaid in or towards the advancement in life or for the benefit of such person. And I also empower my Trustees after the death of my said Wife to apply the whole or any part of the income of any legacy or share of residue to which any Infant person shall or may be expectantly or presumptively entitled under any of the trusts aforesaid in or towards the maintenance and education of such Infant person and may pay the same to the Guardians of such Infant person without seeing to the application thereof and subject thereto in manner hereinafter authorized to the intent that such income and the investment thereof as aforesaid shall be added to the capital from which the same shall have arisen and follow the destination thereof.
9. I declare that all my moneys requiring investment may be invested by my Trustees in their names or under their legal control in or upon any stocks funds or securities of or guaranteed by the Investment of the United Kingdom or of India or of any Colony or Dependency of the United Kingdom or in Stock of the Bank of England or in or upon the Bonds or Debentures or Debenture Stock or Guaranteed or Preference Stock or Shares of or in any Railway Company in Great Britain or India or any Colony or Dependency of the United Kingdom or of or in any Public Company incorporated by Royal Charter or by Special Act of Parliament of the United Kingdom or registered in England or Scotland under the Joint Stock Companies Acts or in or upon the Stocks Bonds Debentures or other securities of or issued by any County Council or other Municipal or Local Body or Authority in Great Britain or upon Real or Leasehold securities in England or Wales such Leasehold securities if for years being held for a term whereof Sixty years at least shall be unexpired at the time of investment with power to change such investments from time to time for others of a nature hereby authorized. And I also declare that my Trustees may pending the negotiation for and preparation of any security hereby authorized or during any other time while an investment of a nature hereby authorized is being sought for deposit any moneys subject to the trusts hereof at any Joint Stock or other Bank either at interest or otherwise as may be deemed expedient and also that my Trustees may deposit any securities (including securities to Bearer) with any Banker of Banking Company for safe custody and that they shall not be liable for any loss incurred in consequence of such deposit.
10. I declare that the determination of my Trustees as to the value of any portion of my residuary estate or of any investment or investments or other property which may be appropriated and taken as an account of the share of any person interested under this my Will or upon any other question which shall arise in the execution of the trusts of this my Will shall be binding on all persons interested and that in addition to all rights of indemnity and reimbursement by law given to Trustees or Trustee shall not be liable for any loss incurred or damage sustained by the Trust Estate through any act of
[5] omission or the exercise of any discretion in relation to the trusts hereby declared unless such loss or damage shall happen or be occasioned by or in consequence of the fraud or wilful default or breach of trust of any of my Trustees. And further that each Trustee shall be liable only for any loss incurred or occasioned through or by any fraud or wilful default which shall be committed or concurred in by him but not for any lose incurred or occasioned through or by any fraud or wilful default committed without his sanction or concurrence by his Co-Trustees or Co-Trustee or otherwise howsoever.
11 I hereby revoke all former wills and other Testamentary dispositions and declare this to be my last will In Witness whereof I have hereunto set my hand this nineteenth day of October One thousand eight hundred and ninety one - - - Thomas Henry Huxley - Signed by the Testator Thomas Henry Huxley as and for his last Will and Testament 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 - Emma Ann Olley Hodeslea Staveley Road Eastbourne Lady's Maid Elizabeth Emma Johnson Hodeslea Staveley Road Eastbourne Housemaid
On the 27th day of July 1895 Probate of this Will was granted to Frederick William Waller and The Honble John Collier the Executors.
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