The Will of
Sir Frederick Augustus Talbot
Clifford-Constable
of Burton Constable Halland North Ferriby, Baronet
who died 24th October 1894
The Will of
of Burton Constable Hall |
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This is the last will and testament of me
Sir Frederick Augustus Talbot Clifford Constable,
of Burton Constable and North Ferriby both in the East Riding of the County of Yorkshire, Baronet.
I Appoint my friend William Francis Wheble Esquire a retired colonel in Her Majesty's Regiment of Seventh Dragoon Guards and my Solicitor Bryan Boyes Jackson of Thearne Hall in the County of York and of the Borough of Kingston upon Hull the Trustees and Executors of this my will
And I Give the said William Francis Wheble the sum of One hundred pounds to recoup him a like amount he sometime since deposited with me I confirm a certain Indenture dated the Twenty Ninth Day of November One Thousand Eight Hundred and Eighty Eight between myself of the first part the said Bryan Boyes Jackson of the second part and Mary Jane Petfield commonly and hereinafter and hereinafter called Mary Jane Constable Spinster of the third part being a deed to raise and Declaration of Trust of Twenty thousand pounds and interest and in case for any reason such deed of my confirmation thereof hereby made may be ineffectual for raising and paying the said Mary Jane Constable the said sum of Twenty thousand pounds to be raised by the said Indenture then and in such case I give to the said Mary Jane Constable the sum of Twenty thousand pounds out of my personal estate
I Give to the said Mary Jane Constable who is now residing with me for her own benefit absolutely all my household furniture wearing apparel plate linen books manuscripts paintings engravings musical instruments and china also my wines liquors and other consumables and also my watches jewels and ornaments of the person of every description and also all my carriages ponies Horses and Dogs harness and saddlery and all my live and dead garden and farming stock and garden and agricultural implements and utensils and all growing or standing crops which shall be in or upon my messuages lands and hereditaments situate at North Ferriby aforesaid in my own occupation at the time of my decease.
And I Give Devise and Bequeath all my real and the residue of my personal whatsoever and wheresoever unto and for the use of the said William Francis Wheble and Bryan Boyes Jackson their executors administrators and assigns according to the respective natures and qualities thereof upon trust that they my said Trustees or the survivors of them or the executors or administrators of such survivors or other the Trustees or Trustee for the time being of this my Will (and all of whom are hereinafter referred to as 'My Trustees') do and shall when and as they my Trustees shall think fit sell and convert my said real and personal estate into money and do and shall stand possessed of the monies to arise from such sale and conversion Upon trust thereout to pay my just debts funeral and testamentary expenses and Upon trust to invest the residue thereof in the names of my Trustees in or upon Government Stocks or Real securities in England or the Mortgage Bonds or Debentures or Debenture or Preference Stock of any Railway or Dock Company in England incorporated by special Act of Parliament and at the time of investment paying dividends on the ordinary stock or shares therein with power to vary the investments from time to time for others of the kinds prescribed and upon trust to pay the income to arise from such investments to the said Mary Jane Constable during her life for her separate use without power of anticipation and from and after her decease Upon trust to pay the income to arise therefrom unto Alice Mary Clifford Constable Petfield commonly and hereinafter called Alice Mary Clifford Constable (the reputed and natural child of the said Mary Jane Constable) during her life and for her sole and separate use and benefit independently of any husband with whom she may intermarry and without power of anticipation And from and after her decease Upon trust as to the capital of the said Trust fund and the income thenceforth to arise therefrom for all the children of the said Alice Mary Clifford Constable in equal shares and proportions as tenants in common with benefit of survivorship between and amongst them in case any one or more of them shall die under the age of twenty one years but in case the said Alice Mary Clifford Constable shall die without having had any child or children or having such he or she or they shall all die under the age of twenty one years without having lawful issue him her or them surviving.
I Declare and Direct that from and after the deaths of the said Mary Jane Constable and the said Alice Mary Clifford Constable and the determination of the trusts in favor of the children of the said Alice Mary Clifford Constable hereinbefore contained the capital of the said trust fund and the investments thereof shall be held by my Trustees Upon the trusts hereinafter mentioned that is to say upon trust to pay the income thereof unto Francis Clifford (son of Sir Charles Clifford of Hatherton Hall in the County of Stafford) during his life and from and after his decease upon trust as to the capital of the said trust moneys and investments for all the children of the said Francis Clifford in equal shares and proportions with benefit of survivorship and accrue between and amongst them in case of the death of any of them under the age of twenty one years without leaving any child or children him her or them respectively surviving
I Declare that it shall be lawful for my Trustees after the cesser or determination of the Trusts in favor of the said Mary Jane Constable to pay or apply the income of the said trust estate or so much thereof as they shall think fit for the maintenance education or benefit of the said Mary Clifford Constable during her minority and to accumulate any surplus income with power to resort to such surplus or accumulations as if the same were current income.
I Empower my Trustees in their discretion to advance any part not exceeding one third of the capital of the said trust fund for the benefit of the said Alice Mary Clifford Constabl either during her minority or after she shall have attained the said age of twenty one years notwithstanding the trust of the said trust fund hereinbefore contained but so as that if such advance be made during the subsistence of the previous trust in favor of the said Mary Jane Constable the same shall be with her consent in writing Provided always and I hereby empower my Trustees to postpone for such period as they shall in their discretion think fit the sale of any part or parts of my real and personal estates and particularly
I Declare and Direct that my messuage and premises situate at North Ferriby aforesaid and called Ashton Hall shall not be sold so long as the said Mary Jane Constable chooses to occupy the same and which right of occupation I give to her notwithstanding the trust for sale hereinbefore contained And I declare that the net rents or income of any unsold real or personal estate producing rent or income shall in the meantime and until sale (and after payment of all expenses attending repairs or insurance or the like) go and be paid and applied in like manner as if the same were income derived from investments hereby authorised
And I hereby Declare that my Trustees may sell my real estate together or in parcels and either by public auction or private contract and with and subject to such conditions of sale either as to title evidence of title or otherwise as they shall think expedient with power to buy in at any auction and to rescind or vary any contract either on terms or gratuitously and to sell without being responsible for loss
And I Declare that the Trustees of this my will shall not be answerable for each others acts or receipts or for any involuntary losses happening without their respective default and shall be at liberty to retain and allow to each other out of my trust estate all costs and expenses incident to the execution of the trusts and powers of this my will And being my desire that the said Bryan Boyes Jackson who is my Solicitor and Attorney shall continue to act in all matters relating to my property and affairs I hereby declare that he shall not withstanding his acceptance of the office of a Trustee and Executor of this my will and his acting in the execution thereof be enabled to make the same professional charges and receive the same professional remuneration of all business done by him in relation to the Trusteeship and Executorship as if he not being himself a Trustee and Executor of my said Will were employed by the Trustees and Executors thereof In witness I have subscribed my name this Sixteenth Day of July One Thousand Eight Hundred and Eighty Nine.
F.A.T.C. Constable
Signed by the said Sir Frederick Augustus Talbot Clifford Constable as and for his last Will and Testament 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;
Harold R. Jackson
Isaac Newton; Clerks to Messrs Stamp Jackson and Birks Solicitors, Hull
This is a Codicil to the last Will and Testament of me Sir Frederick Augustus Talbot Clifford Constable of Burton Constable and North Ferriby both in the East Riding of the County of York Baronet Which Will bears date the Sixteenth Day of July One Thousand Eight Hundred and Eighty Nine
Whereas Bryan Boyes Jackson one of the Trustees and Executors named and appointed in and by my said Will has since died Now I do hereby appoint my friend Markham Spofforth of Number 15 St Georges Place Hyde Park Corner in the County of Middlesex Esquire and my Solicitor Henry Birks of the Borough of Kingston upon Hull to be Trustees and Executors of my said will along with William Francis Wheble Esquire by my said Will appointed a Trustee and Executor thereof.
And I Declare and Direct that my said WILL shall be read and construed as if the said William Francis Wheble, Markham Spofforth and Henry Birks had been thereby originally appointed the Trustees and Executors thereof and as if the devises bequests powers and authorities thereby made and given To the said William Francis Wheble and Brian Boyes Jackson had not been originally made and given to the said William Francis Wheble Markham Spofforth and Henry Birks shall notwithstanding his acceptance of the office of a Trustee and Executor of my Will and his acting the execution thereof be entitled to make the same professional remuneration for all business done by him in relation to the Trusteeship and Executorship as if he not being himself a Trustee and Executor of my said Will were employed by the Trustees and Executors of my said Will were employed by the Trustees and Executors thereof
And I Ratify and Confirm my said WILL in all respects in which the same is not hereby expressly altered In witness whereof I have hereunto subscribed my name this Second day of March One Thousand Eight hundred and Ninety Three.
F.A.T.C. Constable
Signed by the said Sir Frederick Augustus Talbot Clifford Constable and as for a Codicil to his last Will and Testament 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;
Harold R Jackson, Solicitor Hull.
William Williamson Butler, Aston Hall, North Ferriby.
CONSTABLE, Sir Frederick Augustus Talbot Clifford of |
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