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

the interest dividends and annual proceeds of the said residuary stocks funds and securities unto my said Wife Augusta Pope and her assigns for and during the term of her nature life for her and their own absolute use and benefit and from and immediately after her decease I do hereby direct that my said trustees shall stand possessed of and interested in my said residuary stocks funds and securities Upon the trusts hereinafter declared concerning the same (that is to say) as to one moiety or equal half part thereof upon and for such or the like trusts intents and purposes and with under and subject to such or the like powers provisoes and declarations as are hereinbefore expressed and declared of and concerning the said first mentioned moiety or equal half part of and in the the said three pounds per centum consolidated bank annuities so bequeathed unto or in trust for my said daughter Marian Susan Pope and her children as hereinbefore mentioned And as to the remaining moriety or equal half part of my said residuary stocks funds and securities upon and for such or the like trusts and intents and purposes and with under and subject to such or the like powers provisoes declarations and agreements as are hereinbefore expressed and declared of and concerning the second mentioned moriety or equal half part of and in the said three pounds per centum consolidated bank annuities so bequeathed unto or in trust for my said daughter Charlotte Frances Pope and her children as hereinbefore mentioned and to for and upon no other trust intent or purpose whatsoever Provided always and I do hereby declare that it shall and may be lawful to and for my said Trustees and the survivors and survivor of them and the executors and administrators and assigns of such survivors in the meantime from and after my decease and until the trusts hereinbefore declared of and concerning the said trust monies stocks funds and premises shall be fully executed and performed with the consent of my said Wife Augusta Pope during her life to be testified in writing under her hand and from and after her decease then by and of the proper authority of them my said trustees or trustee for the time being to sell and dispose of all or any of the stocks funds or securities in or upon which all or any part of my personal estate shall be invested and also with such consent testified as aforesaid or by and of such proper authority as aforesaid as the case shall happen to lend and place out the monies to arise by or from such sale or disposition or any part thereof in or upon

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any other of the public or parliamentary stocks or funds or upon real or government securities at interest in Great Britain but subject to and so as not in any manner to affect or prejudice the trusts aforesaid or any of them and so from time to time to after change or call in all or any such last mentioned stocks funds or securities as often as often as they shall think fit with such consent testified as aforesaid or by and of such proper authority to be exercised in such event as aforesaid subject and without prejudice as aforesaid Provided always and I do herby declare that in case any of them the said Trustees hereby nominated and appointed or any new trustee or trustees to be appointed under this present power in their or any of their place shall depart this life or be desirous of being discharged of and from the aforesaid trusts or shall go to reside beyond seas (except as respects the said Augusta Pope whose residing beyond seas at any time during her life shall in nowise vacate or affect her trust or shall neglect or refuse or become incapable to act in the said trusts before the said trusts shall be fully executed and performed then and in that case and as often as the same shall happen it shall and may be lawful to or for the acting trustee or trustees for the time being or the last acting trustee or the executors or administrators of the last acting trustee to nominate and appoint any other person or persons to supply the place of the trustee or trustees so dying desirous to be discharged or going to reside beyond seas ( except in this latter event the said Augusta Pope) or refusing or neglecting or becoming incapable to act as aforesaid and that immediately after such appointment the trust monies stocks funds and securities which shall be then vested under and by virtue of this my Will in the trustee or trustees respectively so dying desirous to be discharged or going to reside beyond seas (except as aforesaid) or refusing neglecting or becoming incapable to act as aforesaid shall be assigned and transferred in such manner as that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or solely as the case may require and in their or his executors administrators or assigns upon the trusts hereinbefore expressed and declared of and concerning the same and that every such new trustee shall have and may exercise the same powers privileges and authorities whatsoever as if he had been appointed a trustee by this my Will and as if his name had been inserted in this my Will instead of the name of the 6.

Marginalia

Appointment of New Trustees

trustee hereby appointed in or to whose place such new trustee respectively shall come or succeed Provided also and my Will further is that the said appointed by virtue of the power lastly hereinbefore contained and each and every of them respectively shall be charged and chargeable only for such money as they respectively shall actually receive by virtue of the trusts hereby in them her and him resposed notwithstanding their or any of their giving or signing or join in giving or signing any receipt or receipts for the sake of conformity and that any one or more of them shall not be answerable or accountable for the others or other of them or any or either of them for the acts receipts neglects or defaults of the other or others of them nor for any involuntary loss whatsoever and that it shall and may be lawful to and for them respectively by and out of the monies which shall come to their her or his respective hands by virtue of the trusts aforesaid to deduct retain and reimburse to and for themselves herself and himself respectively and also to allow to their her and his co-trustee and co-trustees all costs charges and expenses which they she or he or any of them shall all costs charges and expenses which they she or he or any of them shall or may suffer sustain expend disburse or be put unto in or about the execution of the aforesaid trusts or in relation thereto and I declare that it shall be lawful for my said trustees or trustee for the time being in their her or his discretion to compound any debt or debts owing to my trust estate and to accept part thereof in full of the same respectively and to give time for the payment or to accept any securities real or personal for the same or any part thereof And I hereby nominate constitute and appoint my said Wife and the said Charles Richard Bigge and Frederick Richard Lee Executive and Executors of this my Will hereby revoking all former Wills and bodicils by me at any time heretofore made And I bequeath to each of them my said Executive and Executors the sum of fifty pounds as an acknowledgement for the trouble they will have in the execution of the trusts of this my Will And I hereby appoint my said Wife Augusta Pope from the Island of Jamaica after my decease it is my wish that Bartholomew Ibbot Williams Esquire of Kingston in Jamaica aforesaid should act in the arrangement of my affairs in the said Island In witness whereof

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Marginalia

Further not liable for each others Acts

nor involuntary losses

reimbursement

Compund debts

wife } C.R. Bigge } & } Exors F R Lee }

£50 Legacy to each Exor.

Guardians apptd.

I the said Testator Edward Pope have to this my last Will and Testament contained in eight sheets of paper set my hand and seal (that is to say) my hand to the first seven sheets hereof and my hand and seal to this eighth and last sheet thereof this thirteenth day of March one thousand eight hundred and forty three Edwd Pope L.S. signed sealed published and delivered by the above named Testator Edward Pope as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other have hereinto subscribed our names as Witnesses that Geo Bannister 13 John Street Bedford Row Thomas Nevinson of the same place Joseph Mary 47 Brompton Row.

This is a codicil to the last Will and Testament of me The Venerable Edward Pope Archdeacon of Jamaica which Will bears date the thirteenth day of March one thousand eight hundred and forty three I give to my two daughters Marian Susan Pope and Charlotte Frances Pope all the trinkets and also a silver sun dial which belonged to their late Mother equally to be divided between them and to my son Arthur Frederick Pope my Theodolite my silver mounted dressing case and my case of silver mathematical instruments I give all my trinkets and ornaments not before mentioned to my dear Wife Augusta Pope together with such parts of my linen glass books pictures and prints as she may desire to have for her own absolute use and in all other respects I hereby ratify and confirm my said Will In witness whereof I the said Testator Edward Pope have to this a codicil to my last Will and Testament set my hand and seal this thirteenth day of March one thousand eight hundred and forty three Edwd Pope L.S. Signed sealed published and declared by the above named Testator Edward Pope as and for a codicil to his last Will and Testament in the presence of us who in his presence and in the presence of each other have hereunto subsided our names as Witnesses Chas. Geo. Bannister Thos Nevinson both of No 13 John Sheet Bedford Row

Proved at London with a codicil 28th March 1853 before The Judge by the oaths of Augusta Pope Widow the Relict and Charles Richard Bigge Esqure two of the Executors to whom Administration was granted they having been first sworn to wit the said Augusta Pope by Commission and the said Charles Richard Bigge before The Worshipful George Edward Hughes Doctor 8.

of Laws and Surrogate duly to administer Frederick Richard Lee Esquire the other Executor and one of the Residuary Legatees in trust named in the said Will having first renounced the probate and execution of the said Will and Codicil and also the letter of Administration (with the said Will and Codicil annexed) of the goods of the said deceased (as by Acts of Court appears)

Office Copy Court of Probate J.S.