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

such power of varying the securities as aforesaid (but so that during the lives of the said George Frederick Campbell Bray and Charlotte Frances Pope and the life of the survivor of them each such investment and variation shall be made with their his or her consent in writing ) and shall stand possessed of such money and the stocks funds and securities in or upon which the same shall be invested upon trust to pay the annual produce thereof unto or permit the same to be received by the said George Frederick Campbell Bray or his assigns during his life and after his decease unto or by the said Charlotte Frances Pope or her assigns during her life and after the decease of the survivor of them the said George Frederick Campbell Bray and Charlotte Frances Pope do and shall be possessed of the same fund and the annual produce thereof upon and for the same or the like trusts intents and purposes and with under and subject to the same or the like powers provisoes agreements and declarations as are herein before expressed concerning the first herein before mentioned trust fund or such of the same trusts intents and purposes powers provisoes agreements and declarations as shall be subsisting undetermined or capable of taking effect (save and except that so far as relates to the trust property forming the subject of this present covenant the said George Frederick Campbell Bray alone shall have a power of appointment over the same in favour of the children of the said intended marriage or any of them and shall have such power as well during the joint lives of himself and the said Charlotte Frances Pope as after her decease and that the said Charlotte Frances Pope shall not have any any power of appointment over the same after the decease of the said George Frederick Campbell Bray and 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 be possessed of the said trust property forming the subject of this present covenant or such part thereof as shall not have been applied under the provision for advancement hereinbefore by reference made applicable thereto upon trust for the said George Frederick Campbell Bray his executors administrators and assigns subject nevertheless to any preceding life interest in the same under the trust aforesaid and as to such part or parts of the said trust property forming the subject of this covenant as shall not consist of money upon trust that the said Trustees or Trustee shall as to such part or parts of the same as shall be vested in the said George Frances Campbell 8.

Bray in possession with all convenient speed as to such part or parts thereof as shall be vested in the said George Frederick Campbell Bray in reversion or expectancy with all convenient speed after the same shall fall into possession sell and dispose of or convert into money the same respectively and stand possessed of the monies to arise thereby upon and for the trusts intents and purposes and with under and subject to the powers provisoes agreements and declarations hereinbefore declared or referred to concerning the money to which the said George Frederick Campbell Bray shall become entitled as aforesaid with full power for the said Trustees or Trustee to sell any such property as aforesaid either by public sale or private contract and with or under special conditions with power to buy in at Auctions and rescind contracts and resell the premises and to lease the property until sale and also with power to give effectual receipts and discharges to purchasers and others and to comprise and compound debts and claims and refer disputes to arbitration and all other powers and authorities necessary for effectuating the trusts and purposes aforesaid or usual in like cases Provided always and it is hereby agreed and declared that if in the execution of any of the trusts or powers of this present Indenture it shall become necessary to divide or apportion between or among two or more persons the several funds the trusts whereof are hereinbefore declared and the trust monies stocks funds or securities of which the said trust funds respectively or any part thereof respectively shall then consist shall be so blended together that it shall be doubtful which part or parts thereof shall have been produced by or substituted for each original fund or any part thereof respectively then and in every such case it shall be lawful for the said Trustees or Trustee to divide or apportion such trust monies stocks funds and securities between or among the said persons entitled thereto in such manner as the said Trustees or Trustee shall deem just and reasonable according to the respective rights and interests of the several persons entitled thereto and such division or apportionment shall be as binding and conclusive upon all persons then or thereafter to be interested in the premises as if the same had been duly made by a Court of competent jurisdiction Provided always and it is hereby agreed and declared that the receipts in writing of the Trustees or Trustee for the time being acting in the execution of the trusts hereby created for any sum or sums of money payable to them or him by virtue of these presents shall be effectual discharges for the same respectively and that the person or

9

Marginalia

ditto

Power to divide and apportion blended funds

Trustees receipt Clause

effectual discharges for the same respectively and that the person or 9.

persons to whom the same respectively shall be given his her or their heirs executors administrators or assigns shall not afterwards be accountable for any loss misapplication or nonapplication or be in anywise concerned to see to the application of the money therein respectively expressed to be received. Provided always and it is hereby agreed and declared that if any of the Trustees hereby appointed or to be appointed or constituted as hereinafter is mentioned shall die or be desirous of being discharged from or decline (either before or after having acted) or become incapable to act in the trusts hereby created then and in every such case it shall be lawful for the said George Frederick Campbell Bray and Charlotte Frances Pope during their joint lives and after the decease of either of them for the survivor of them during his or his life and after the decease of the survivor of them for the surviving or continuing Trustees or Trustee for the time being (if any) and if there shall be no surviving or continuing Trustee for the time being then for the retiring or declining Trustees or Trustee for the time being (if any) and if there shall be no surviving or continuing or retiring or declining Trustee then for the acting executors or administrators or executor or administrator of the last surviving or last acting Trustee for the time being by any deed duly executed to appoint one or more person or persons to be a Trustee or Trustees in the place of the Trustee or Trustees so dying desiring to be discharged or declining or becoming incapable to act as aforesaid and upon every such appointment all the trust estates monies and premises shall be forthwith conveyed assigned and transferred so and in such manner as that the same may become vested in the new Trustees or Trustee jointly with the surviving or continuing Trustee or Trustees or solely as the case shall require And every such new Trustee (as well before as after the trust estate shall have been so vested as aforesaid) and also every person who shall have been constituted a Trustee of these presents by any Court of competent jurisdiction shall have such and the same powers to all intents whatsoever as if he had originally been nominated a Trustee in these presents Provided also that the Trustees or Trustees for the time being of these presents shall be respectively chargeable only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them reposed notwithstanding his her or their signing any receipts for the sake of conformity and anyone or more of them shall not be answerable for the others or other of them or for the acts receipts neglects or defaults of the others or other of them and that they or any of them shall not be answerable 10.

Marginalia

Power to appoint new Trustees

Trustees to be liable in respect of their own Acts and defaults only.

for any loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto (except the same shall happen by or through their own wilful default respectively) and especially that the said Trustees or any of them their or any of their heirs executors administrators or assigns shall not be responsible for any loss which may be sustained by reason or in consequence of their neglecting or omitting to enforce the covenants hereinbefore contained with reference to the settlement of the property hereby covenanted by the said George Frederick Campbell Bray to be settled as aforesaid it being the intention of of these presents and of the parties hereto that by virtue or under the operation of the said covenant hereinbefore contained in that behalf all the property comprised within the terms of such covenant shall become subject in equity to the settlement hereby covenanted to be made thereof and that the said George Frederick Campbell Bray and his representatives shall be liable to be sued upon such covenant but that the said Trustees or any of them shall not be bound to take any steps or be active in enforcing the said covenants (except so far as they or he shall be required so to do by writing under the hand of any person interested in the property which may be subject to such covenant) nor shall the said Trustees or Trustee be obliged to enquire whether any property has actually become subject to such covenant or be affect by express notice that any property has become so subject And also that it shall be lawful for the said Trustees or Trustee for the time being and every of them their and every or any of their heirs executors administrators and assigns out of the monies which shall come to their or his respective hands by virtue of the trust aforesaid to reimburse themselves and himself and also to allow to their and his CoTrustree and CoTrustees all costs damages and expenses which they or any of them shall sustain or be put unto in the execution or supposed execution of the aforesaid trusts or in anywise relating thereto In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

George Frederick Campbell [L.S.] Bray Edward William [L.S.] Bray Charlotte Frances [L.S.] Bray Matthew [L.S.] Bell George Thomas [L.S.] Scovell

11.

Signed sealed and delivered by the within named George Frederick Campbell Bray in presence of John Smith Cannon. Captain 96 Reg Raglan Barracks Davenport. Signed sealed and delivered by the within named George Thomas Scovell in presence of Arthur Walker Lt. 79 Highlrs. Barracks Perth. qy as to this name) Signed sealed and delivered by the within named Charlotte Frances Pope in the presence of Henry Shrubb B.D. Brabon. Manor Near Guildford Surrey. Signed sealed and delivered by the within named Matthew Bell in the presence of Robert Evetts Butler to M. Bell Esqire Bourne Park. Signed sealed and delivered by the within named Edward William Bray in the presence of Richard Thomas Swany Capt 83rd Regt Chichester Barracks Sussex