Estate of Major General G.F.C. Bray - Correspondence and Records, 1883-1884

of the Parliamentary stocks or public funds of Great Britain or at interest upon Government or real or Leasehold securities in England or Wales (but not in Ireland) so that such Leasehold securities shall not have a less time to run than 60 years at the date of the investment or in or upon the Mortgages Bonds debentures or other securities of any Railway Company or other company in the United Kingdom incorporated by act of Parliament or charter or of the Commissioners or Trustees for any Public undertaking or undertakings who may be authorized by act of Parliament to borrow money with full power to make any such investments on real or leasehold securities as aforesaid upon such title or titles as the said Trustees or Trustee shall in each instance think proper under the circumstances to be satisfied with And do and shall with such consent or at such discretion as aforesaid vary such stocks funds or securities into or for other stocks funds or securities of a like nature and do and shall be possessed of the said sum of Bank annuities and all other the trust monies stock funds or securities which may arise from any such sale investment or variation as aforesaid (hereinafter called the said trust fund) and the annual produce thereof Upon trust that the said Trustees or Trustee do and shall pay the annual produce thereof during the joint lives of the said George Frederick Campbell Bray and Charlotte Frances Pope to the said Charlotte Frances Pope for her separate use independently and exclusively of the said George Frederick Campbell Bray and of his debts control interference and engagements and so that her receipts alone shall be discharges for the same and that she shall not have power to deprive herself of the benefit thereof by sale Mortgage charge or otherwise in the way of anticipation And after the decease of either of them the said George Frederick Campbell Bray and Charlotte Frances Pope do and shall pay the annual produce of the said trust fund to or permit the same to be received by the survivor of them during his or her life and after the decease of such survivor do and shall be possessed of the said trust fund and the annual produce thereof In trust for all and every or such one or more exclusively of the others or other of the children and child of the said intended Marriage at such age or time or respective ages or times and if more than one in such shares and with such annual sums of money and limitations over for the benefit of the said children or some or one of them with such provisions for the maintenance and education or advancement or preferment in World of any such child or children (either at the discretion of the said Trustees or Trustee or of any other person or persons to be named or appointed in that behalf or otherwise) 5

Marginalia

Trustees to stand possessed thereof

Upon trust to pay income during joint lives to C F Pope for sep use

& to survivor for life & after death of survivor In trust for children as they shall jointly appoint

and upon such conditions with such restrictions and in such manner as the said George Frederick Campbell Bray and Charlotte Frances Pope shall during their joint lives by any deed or deeds writing or writings with or without power of revocation and new appointment to be by them both sealed and delivered in the presence of and to be attested by two or more credible witnesses jointly appoint And in default of such joint appointment and so far as every or an any such appointment shall not extend then as the survivor of them the said George Frederick Campbell Bray and Charlotte Frances Pope (and as regards the said Charlotte Frances Pope whether she shall be covert or sole) shall at any time or times after the decease or the other of them by any deed or deeds or writing or writings with or without power of revocation and new appointment to be by him or her sealed and delivered in the presence of and to be attested by two or more credible witnesses or by his or her Will in writing or any Codicil or Codicils thereto to be by him or her duly executed from time to time appoint and in default of such appointment and so far as every or any such appointment shall not extend In trust for all and every the children and of the said intended Marriage who either before or after the determination of the preceding life Estates being Sons or a Son shall attain the age of 21 years or being daughters or a daughter shall attain that age or marry to be divided between or among such children if more than one in equal shares and if there shall be only one such child the whole to be in trust for that one child Provided that no appointee under the aforesaid powers or either of them shall take a vested interest otherwise than by way of advancement at any earlier age day or time than that at which such appointee would in default of appointment take a vested interest Provided always And it is hereby agreed and declared that no child who shall take any part of the said trust fund under any appointment to be made as aforesaid shall be entitled to any share in that part of the said trust fund of which no such appointment shall have been made without bringing his or her appointed share or shares into hotchpot and accounting for the same accordingly unless the persons or person making any such appointment shall declare a contrary intention in writing Provided always and it is hereby agreed and declared that it shall be lawful for the said Trustees or Trustee at any time or times after the death of the survivor of them the said George Frederick Campbell Bray and Charlotte Frances Pope or in the lifetime of them or of the survivor of them in case they he or she shall so direct by any writing or writings under their 4.

Marginalia

and in default of joint appointment

and in default In trust for children equally

Proviso as to vested interests

Hotchpot clause

Advancement Clause

his or her hands or hand to raise any part or parts of the then expectant or presumptive or then vested portion or portions of any child or children of the said intended Marriage under the trusts hereinbefore declared or under any such appointment as aforesaid but without prejudice to any such appointment (not exceeding in the whole for any one such child one equal half part of his or her then expectant or presumptive or then vested portion) and apply the money so to be raised for the benefit advancement ^or establishment in the World of such child or children respectively in such manner as the parents of them shall be living then as the said Trustees or Trustee shall in their or his discretion think fit. And it is hereby agreed and declared that the said Trustees or Trustee shall after the death of the survivor of them the said George Frederick Campbell Bray and Charlotte Frances Pope pay or apply the whole or such part as they or he shall think fit of the annual produce of the portion or respective portions to which any child or children of the said intended Marriage shall for the under the trusts hereinbefore declared or under any such appointment as aforesaid but without prejudice to any such appointment / not exceeding in the whole for any one such child one equal half part of his or her then expectant or presumptive or then vested portion) and apply the money so to be raised for the benefit advancement ^or establishment in the World of such child or children respectively in such manner as the parents or parent of such child or children if living shall direct of if neither of them shall be living then as the said Trustee or Trustee shall in their or his discretion think fit And it is hereby agreed and declared that the said Trustees or Trustee shall after the death of the survivor of them the said George Frederick Campbell Bray and Charlotte Frances Pope pay or apply the whole or such part as they or he shall think fit of the annual produce of the portion or respective portions to which any child or children of the said intende Marriage shall for the time being be entitled in expectancy under the trusts hereinbefore declared or under any such appointment as aforesaid (but without prejudice to any such appointment) towards the maintenance and education of such child or children respectively in the meantime and until his her or their portion or portions shall become vested Provided always and it is hereby agreed and declared that after the decease of the survivor of them the said George Frederick Campbell Bray and Charlotte Frances Pope and during the minority and respective minorities of any child or children of the said intended Marriage being a Son or Sons and the minority and discoverture or respective minorities and discovertures of any such Child or Children being a daughter or daughters the said Trustees or Trustee shall from time to time receive the annual produce of the portion or respective portions to which any such child or children may for the time being be entitled in expectancy under the trusts aforesaid or under any appointment to be made as aforesaid and accumulate such part of the same as shall not be applied for the maintenance and education of such child or children respectively under the direction hereinbefore contained or under any direction to be contained in any such appointment as aforesaid in the way of compound interest by investing the same and all the resulting income thereof in their or his names or name in or upon any such stocks funds or securities as hereinbefore are mentioned to be from time to time varied as the said Trustees or Trustee shall seem proper 5.

Marginalia

Maintenance

Accumulation of unapplied income

And it is hereby declared that the savings of the annual produce of each such expectant portion as aforesaid and the stocks funds and securities upon which the same shall invested and the accumulations thereof shall be held and applied upon the same trusts and for the same purposes as are in and by these presents declared of the fund from which the same shall have proceeded and be considered part thereof yet so nevertheless that it shall be lawful for the said Trustees or Trustee at their or his discretion to apply the whole or any part of any accumulated fund which shall have arisen from the portion or respective portions of any such child or children as aforesaid or of the annual produce in or towards the future maintenance and education of the child or children who shall for the time being be presumptively entitled to the fund from which the accumulation shall have proceeded And it is hereby agreed and declared between and by the said parties hereto that in case there shall be no child of the said intended marriage who being a son shall attain the age of 21 years or being a daughter shall attain that age or marry the said Trustees or Trustee shall from and after the decease of the survivor of them the said George Frederick Campbell Bray and Charlotte Frances Pope and such default or failure of Children of the said intended marriage as aforesaid be possessed of the said trust fund and the annual produce thereof or so much thereof as shall not have been applied under the provision for advancement herein contained upon the trusts following (that is to say) if the said Charlotte Frances Pope shall survive the said George Frederick Campbell Bray in trust for the said Charlotte Frances Pope her executors administrators and assigns absolutely but if the said Charlotte Frances Pope shall die in the lifetime of the said George Frederick Campbell Bray then in trust for Arthur Frederick Pope the brother of the said Charlotte Frances Pope his executors administrators and assigns Provided always and it is hereby further agreed and declared that notwithstanding the trust in these presents contained for the separate use of the said Charlotte Frances Pope it shall be lawful for the said Trustees or Trustee so long as they or he shall deem it expedient so to do to pay or remit the annual income of the trust estate hereby settled to her separate use to such established Banker or Bankers or other Agent or Agents as she the said Charlotte Frances Pope shall appoint or to authorize such Banker or Bankers or other Agent or Agents to receive the same for the purposes of remittance or payment 6.

Marginalia

Application of accumulations

Trusts In default or failure of [child?]

Trustees may pay income to C.F. Popes Bankers

as she the said Charlotte Frances Pope shall direct and every payment or remittance which shall be made by the said Trustees or Trustee to or through the agency of an established Banker or other Agent approved of by the said Charlotte Frances Pope shall until such approbation be withdrawn by her be a good discharge to the said Trustees or Trustee for the money which shall be so paid or remitted but this provision shall not restrict the said Trustees or Trustee from requiring from time to time as the said annual income shall arise a special direction from the said Charlotte Frances Pope respecting the application thereof or otherwise from paying the same into her proper hands if the said Trustees or Trustee shall deem it advisable so to do And the said George Frederick Campbell Bray doth for himself his heirs executors and administrators covenant with the said Edward William Bray Matthew Bell and George Scovell their executors and administrators that if the said intended marriage shall take effect he the said George Frederick Campbell Bray his heirs executors or administrators will at the charges of the trust property forming the subject of this present covenant from time to time as the case will admit by good and effectual conveyances assignments and assurances or other acts and deeds to the satisfaction of the said Trustees or Trustee or their or his counsel convey assign pay or transfer unto or otherwise cause to be well and effectually vested in the said Trustees or Trustee all the real and personal estate whatsoever if any to which the said George Frederick Campbell Bray shall at any time hereafter by or become absolutely entitled for any estate or interest whatsoever in possession reversion or expectancy by donation of or settlement by or as heir devisee legatee or next of kin of his Father who is now living (save and except out of this covenant any chattels for personal use and also any annuity or annuities to which the said George Frederick Bray may become entitled for his own life or for any period not extending beyond his life and also any sum or sums of money not exceeding in each case the amount of £200 to which he may become entitled as foresaid) nevertheless upon and for the trusts intents and purposes and with under and subject to the powers provisoes agreements and declarations hereinafter expressed or referred to concerning the same respectively (that is to say) as to such part or parts thereof as shall consist of money upon trust that the said Trustees or Trustee shall invest the same in their or his names or name in or upon any such stocks funds or securities as hereinbefore are mentioned with 7.