Description Will of Sir Geo. Elliot of London, England

(Typed)

In the Estate of Sir Geo. Elliot, decd

Certified Copy of Will

THIS IS THE LAST WILL AND TESTAMENT of me Sir George Elliot Baronet M.P. of No. 1 Park Street Park Lane London, 23 Great George Street Westminister and the Friars Newport Monmouthshire. I appoint my son George William Elliot Esq. M.P., John George Griffiths of No. 4 Lothbury London and Charles Edward Hunter of South Hill Durham Esq. (hereinafter called "My Trustees") to be the EXECUTORS and TRUSTEES of this my Will. I confirm the Settlement heretofore made by me of the Buthder Estate in the County of Monmouth and my Estate at Whitby in the County of York for the benefit of my son George William Elliot and his Children. I devise and bequeath to the said George William Elliot all my watches jewels personal ornaments and wearing apparel all my plate (except three pieces of the Silver memorial Plate presented to me by the Electors of North Durham which I desire should be given to my three Daughters) plated articles domestic and office furniture pictures prints books linen china glass and other articles of household use or ornament houses carriages harness live and dead stock tools implements wines liquors and household stores which at the time of my decease shall be in or about or apportioned for any of my places of residence or business except the Friars at Newport Monmouthshire for his absolute use. I also give to my said Son a legacy of Ten Thousand pounds. I give to my eldest grandchild Ethel Pyle a legacy of One thousand pounds. To each of my grandsons George Elliot, Elliot Hardy Parkinson and Charles Taylor a legacy of One thousand pounds to each and every other of my grandchildren living ay my decease (except the three Children of my son Ralph Elliot deceased) as and when being males they respectively attain

 the age of 21 years or being females attain the age of or be previously/married with the consent of their respective parents or surviving parent or guardian or guardians if any the sum of Five hundred pounds. I give Mrs. Margaret Lewin formerly the widow of my said Son Ralph Elliot a legacy of One thousand pounds. I give to each of the three Daughters of my said Son Ralph Elliot a legacy of One hundred (thousand is scratched out - initialed) guineas and as my said Son's Children are well provided for by the Settlement made upon me upon the marriage of their parents I deem it unnecessary to make any further provision for them. I give to my Niece Mary Ann Pemberton, wife of Alfred Clay the sum of One thousand pounds which I declare to be in addition to the One thousand pounds which I have already given to her pursuant to my engagement for that amount made o her marriage. I give to my Niece Margaret the wife of _______ Morton Five hundred pounds and to my Nephew John George Elliot Five hundred pounds. I give to my Nephew Thomas Elliot during his life an annuity of Fifty pounds payable half yearly, the first payment to be made six months after my decease. But I declare that if the said Thomas Elliot shall at the time of my death or at any time afterwards be or become Bankrupt or assign or charge or attempt to assign or charge his said annuity or do anything whereby if such annuity belonged to him absolutely he would be deprived of the personal enjoyment thereof then such annuity shall thenceforth during the remainder of his life cease to be payable and my trustees may at their absolute discretion apply all (inserted- initialed) or any part thereof to the maintenance of the said Thomas Elliot his wife or issue then living or any of them and any sum not so applied shall sink into my residuary estate. I give all the furniture chattels and effects which shall be in and about my

residence The Friars Newport to my daughter Margaret Walker Pyle. I give to my Secretary James Barton if he shall be in my emplyment at my decease a legacy of Two hundred and fifty pounds. I give to each of my said Executors John George Griffiths and Charles Edward Hunter Five hundred pounds free of legacy duty as an acknowledge for their trouble and kindness in accepting the execution of the trusts of this my Will. I also give to each of my said Executors a sum at the rate of Two hundred pounds a year so long as they are respectively actively engaged in the management of my Residuary Estate but not to extend beyond Five years after my decease. I direct my Trustees to pay any sum or sums not exceeding in the whole Ten thousand pounds to such person or persons and in such proportions as I may hereinafter by any writings or writings under my hand appoint but I shall appoint part only of the said sum or shall make no appointment thereof then the unappointed part or the whole as the case may be of the said sum of ten thousand pounds shall sink into and form part of the Residue of my Estate. In addition to all such sums as my daughters shall/respectively be entitled to under my Settlement already made by the Trusts hereinafter declared the sum of Twenty thousand pounds for my daughter Margaret Walker Pyle the wife of Dr. Thomas Thompson Pyle and her issue, and the like sum of Twenty thousand pounds for my daughter Alice Ann the wife of Joseph Charles Parkinson Esquire and her issue (less the sum of Three thousand four hundred and eighty pounds already advance and settled by me upon my said daughter and her issue) and the like sum of twenty thousand pounds for my daughter Henrietta the wife o Charles Taylor Esquire. And I declare that my Trustees shall stand possessed of the said

several sums of Twenty thousand pounds. Twenty thousand pounds (less three thousand four hundred and eight pounds) and Twenty thousand pounds hereinbefore directed to be appropriated for my said three daughters and their issue respectively UPON TRUST to invest the same under the direction hereinafter given for the investment of the trust moneys with liberty to vary the investments thereof from time to time and to stand possessed of the said several sums and the investments thereof UPON THE TRUSTS following that is to say IN TRUST during the life of each such daughter to pay the interest and annual produce of the sum appropriated for such daughter as by way of anticipation but with power for her to dispose thereof anything herein contained by Will or Codicil to appoint to or in favor of any husband who may survive her for his life or any less period and to take effect after her death the whole or part of the income and annual produce of the sum appropriated for her and her issue as aforesaid and of any accrual thereto under the provision of accruer hereinafter contained. And from and after her decease subject to any appointment to or in favor of her husband as aforesaid the sum appropriated for her and her issue with the investments thereof and any accrual thereto shall be held by my Trustees UPON TRUST for all or such or more exclusively of the other or others of the Children or remoter issue of such Daughter born or to be born during the life of such Daughter or within twenty one years after her death at such age or time or RESPECTIVE ages or times if more than one in such shares and proportions UON SUCH TRUSTS and in such manner in all respects as such Daughter shall notwithstanding coverture by Deed or Will appoint and in default of such appointment and so far as any

such appointment shall not extend UPON TRUST for all or any the Children or Child of such Daughter who being a male shall attain the age of twenty-one years or being a female shall attain that age or be previously married with the consent of her or their parents or surviving parent or guardians or guardian (if any) for the time being. And I further declare that if there shall be no issue of such daughter in hom the sum appropriated for her and her issue and the investment thereof and any accrual thereto shall become absolutely vested under the trusts aforesaid then and in such case and subject to the trusts aforesaid my Trustees shall stand possesses of the same IN TRUST for mo other Daughters or Daughter in equal shares if more than one and the share or shares which shall so accrue shall be held upon the Trusts and with and subject to the powers and provisions herein contained of and concerning the original sum appropriated to such Daughters or Daughter or as near thereof as circumstances will allow PROVIDED ALWAYS that no Child who has taken a share under any appointment as aforesaid shall be entitled to any share of the unappointed part of the sum appropriated as aforesaid or any accrual thereto without bringing his or her appointed share into hotchpots and accounting for the same accordingly PROVIDED ALSO that it is shall be lawful for my Trustees during the lives of several persons respectively entitled for life for the time being as aforesaid with his or her consent in writing and after the decease of such person at the discretion of the trustees to raise and apply all or any part of the expectant share/of any child which shall not then be vested or payable under the trusts aforesaid for or towards his or her preferment advancement or benefit. I give and bequeath unto my Trustees the sum of Fifty thousand pounds hereinafter called

the said Trust fund to be held by them upon the trusts following that is to say UPON TRUST to invest the same under the direction hereinafter given by me for the investment of the TRUST moneys and to pay the interest and annual produce of the said Trust fund unto my Son the said George William Elliot during his/life until he shall assign charge or otherwise dispose of the said interest and annual produce or any part thereof or become Bankrupt or do or suffer something whereby the same if absolutely belonging to him would become payable to or vested in some other person whichever of the said events shall first happen and if the trusts hereinbefore declared in his favor shall determine in the lifetime of the said George William Elliot then IN TRUST during the remainder of his life to pay an annuity of One thousand pounds to his then Wife during his life and after his death IN TRUST to lay an annuity of Five hundred pounds to his Widow for and during the term of her natural life and my Trustees shall thereout also pay to his Wife or Widow as the case may be a further or additional annual sum of Two hundred pounds for each and every Child of the said George William Elliot who shall reside with her or be under her care until such Child being a son shall attain the age of twenty-one years or being a daughter shall attain the age or previously marry with the consent of her parents or surviving parents or Guardians or Guardian if any as the case may be such sum of two hundred pounds to be applied for and towards the maintenance and education of such child but with power to my Trustees in the event of my said Son's Widow marrying again at their or his own discretion to pay the said annual sums of two hundred pounds for each Child either to such widow for the purposes aforesaid or otherwise to apply the same as may appear to them or him best for the welfare of such children

respectively. And from and after the death of the survivor of them my said Son and his Wife And in the meantime subject thereto the said trust fund shall be held in trust for all and every or such one or more exclusively of the others or other of the Children or Child or remoter issue of my said Son born or to be born during the life of my said Son or within twenty-one years after with such provisions for their respective maintenance education and advancement and in such manner if more than one and in such parts shares and proportions and subject to such charges conditions and limitations over for the benefit of one or more of such children or remoter issue as my said Son shall by any Deed or Deeds or by Will or Codicil direct or appoint. And in default of such last mentioned direction or appointment and so far as the same if incomplete shall not extend IN TRUST for all and every the Children and Child of my said Son who being male shall attain the age of twenty-one years or being female shall attain that age or previously marry with the consent of her parents or parent guardians or guardian of any as the case may be to be divided between or among the said children if more than one in equal shares as Tenants in common and if there shall be but one such child then the whole shall be in trust for such child But no child or remoter issue taking any share under any appointment as aforesaid shall be entitled to any share of the unappointed part of the said Trust fund without bringing his or her appointed share into hotchpot and accounting for the same accordingly. And I direct that all interest and annual produce of the said trust fund which shall not for the time being be required for any of the aforesaid annual payments shall from time to time be invested as aforesaid and added to and form part of the trust fund PROVIDED ALWAYS that it shall be

lawful for my Trustees during the life of my said Son with his consent in writing and after his decease at their discretion (after making due provision for the said Annuities or obtaining the consent in writing of the person entitled to receive the same) to raise and apply all or any part of the expectant share of any Child ot remote issue which shall not be vested or payable under the trusts aforesaid for or towards his or her preferment advancement or benefit And if there shall be no child or children ore remoter issue of my said Son who shall become entitled to the said trust fund under the trusts aforesaid then my Trustees shall stand possessed thereof IN TRUST for such person or persons and for such purposes as my said Son shall by Will or Codicil appoint and in default of appointment and so far as any appointment shall not extend then I direct that the same shall fall into and form part of my Residuary Estate. And as to all the residue and remainder of my estate and effects as well real as personal or over which I shall have any disposing power at the time of my decease I devise and bequeath the same unto my Trustees their heirs executors administrators and assigns according to the nature and quality thereof respectively upon the trusts and for the ends intents and purposes hereinafter expressed that is to say UPON TRUST thereout or out of the moneys to arise by sale or competent part thereof to pay debts funeral and testamentary expenses and legacies and the legacy duty on any legacies or annuities given free of duty and subject thereof upon trust to pay to my said Son George William Elliott/for and during his life (in addition to the other provisions hereinbefore made for his benefit) the whole of the net income and annual produce of such residuary estate and of the properties and securities for the time being re

presenting the same (after payment of all charges and expenses of and incidental to the management of and dealing with the residuary estate -- up to the sum of Six thousand pounds per annum commencing from the date of my decease and any excess of such net income above Six thousand pounds is during my said Son's life to be dealt with as follows that is to say a further Six thousand pounds a year to be divided between my said Son and his eldest Son for the time being in the proportions of 2/3 to my said Son and 1/3 to his eldest Son and after the expiration of three years from my decease my Trustees shall pay to my said Son one half of the then realized surplus (if any) of such income and annual produce over and above the said Twelve thousand pounds a year, and year by year after the expiration of the first three years shall pay to my said Son (over and above the said sum of Twelve thousand pounds) a sum equal to one half of such surplus income and annual produce reckoned upon the average of the preceeding three years And subject as hereinafter provided my Trustees shall set aside and accumulate during the life of my said Son the other or remaining half of the said surplus by investing from time to time and adding the same to the principal of the said residuary estate PROVIDED ALWAYS that if the said net income shall not amount in any year to Twelve thousand pounds the deficiency of the said Twelve thousand pounds in any year or years so often as there shall be a deficiency shall be made up out of the surplus or out of any accumulations of surplus which may have been invested under the directions hereinbefore contained And subject to the trusts aforesaid -- I direct that the corpus

of the said Residuary Estate and the rents interests and annual produce thereof with the said accumulations shall as to such parts thereof as are of the freehold tenure be conveyed to the uses and held upon the trusts and with and subject to the powers and provisions declared and expressed by the said Settlement of and concerning my Whitby Estates and as to all other parts thereof my Trustees shall hold the same UPON TRUST for the benefit of the person or persons who for the time being shall under the said Settlement be entitled to the possession or receipt of the rents and profits of my Whitby Estates or any undivided portion thereof and upon with under and subject to (word scratched out- initialed) such trusts powers and provisions as will correspond as nearly as the difference of tenure will permit with the uses trusts powers and provisions thereby declared of and concerning my Whitby Estates after the death of my said Son and as if the same were real estate and so that any parts thereof which do not by law admit of the creation of an estate in tail therein shall not vest absolutely in any person by the said Settlement made tenant in tail male by purchase of the said Whitby Estates unless he attains the age of twenty-one years but on the death of such person under the age of twenty-one years shall go and devolve as if the same were freehold hereditaments part of my Whitby Estates. And I direct that upon the request in writing of my said Son during his life and after his decease at the discretion of my Trustees the whole or any parts of the sais Residuary Estate and accumulations which shall consist of personally shall be invested in the purchase of real estate or land of copyhold or leasehold tenure situate in Great Britain which shall according to its tenure be conveyed and settled upon the

same or the like uses and trusts and subject to the same or like powers and provisions as are hereinbefore declared of and concerning my said Whitby Estates or as hear thereto as the deaths of parties rules of law and other circumstances will permit PROVIDED ALWAYS that in case such property shall be purchased in the lifetime of my said Son and he shall thereby acquire a life Estate in the same the amount payable to him in respect of the said annuity of Five thousand pounds and his share of the surplus income and annual produce of my Residuary Estate shall be reduced by the net annual amount which he shall receive of the rents and profits of the property so purchased and settled. I empower my Trustees at their sole and absolute discretion and without thereby incurring any personal responsibility either to carry on or join in carrying on all or any of the Collieries and trading concerns in which I may be interested or engaged at the time of my decease until they think it expedient to sell or dispose of the same under the power hereinafter contained and for such purposes to employ any part of my Residuary Estate they may think fit PROVIDED ALWAYS that is shall be lawful for my Trustees either to continue as long as they think fit my residuary estate and effects or any part or parts thereof on the state of investment in which they shall be at my decease or as and when they shall think fit with the consent during the life of my said Son George William Elliott to sell dispose of and convert into money all or any lart thereof by Public Auction or Private Contract and either for ready money or upon credit and upon such terms and conditions as my Trustees may think fit and for all or any of such purposes to make do and execute all such contracts (word scratched out - initialed) arrangements acts deeds and assurances as they may think proper And with the consent in writing of my said Son during his

life and afterwards at their discretion to sell convey and assure any part or parts of my said residuary estate to any Company now or hereafter formed with limited liability for such consideration in money or securities or shares of the said Company or partly in any of those forms and on such terms and conditions as the said Trustees shall think fit. And I authorize my Trustees with the consent in writing of my said Son during his life and afterwards at their discretion to appoint one or more of themselves or any other person or persons to manage or carry on or assist in managing or carrying on the whole or any part or parts of my Residuary Estate an businesses forming part thereof until the sale or realization thereof or to act as Representative of my Estate upon the Board of any Company or Companies in which my said Estate shall be interested and to pay or allow to such person or persons (notwithstanding he or they may be a TRUSTEE OR TRUSTEES of this my Will) such annual or other remuneration for his or their services as my Trustees in exercising any power or trust for sale herein contained by any writing under their hands to release and discharge any part of my real or personal estate from the payment of the legacies and annuities hereby given and such parts shall be released and discharged accordingly. I direct that any legacy annuity or other benefits given to any female under this Will shall be for her sole and separate use free from marital control and engagements and her receipts for any moneys payable to her shall alone be good and sufficient discharges. And I direct that all investments of trust moneys to be made under the trusts of this Will shall be made in the Public funds or on Government or real securities in Great Britain or in India Stock or

in the Public Government funds of France or (word scratched out- initialed) the United States of America or in the Stock of the Metropolitan Board of Works or London County Council or in Mortgages Bonds or Debentures or Debenture Stock of any County Council or Municipal Body in Great Britain or on Mortgage of Leasehold property in Great Britain with not less than sixty years unexpired term or in Mortgages Bonds or Debentures Debenture Stocks or Guaranteed or Preference Stocks or shares of any Railway or Dock Company in Great Britain or India or in the Mortgages or Bonds or Debentures or Debenture Stocks of any Public Company established by Act of Parliament in Great Britain or in Stocks or shares of any such Company which shall for three years meet preceding the Investment have paid a dividend on its ordinary Stock or shares with full power for my Trustees with the consent during his life of my said Son George William Elliott and afterwards at their discretion at vary investments in any of the aforesaid securities as they think fit. I declare that my Executors and Trustees may exercise all powers given to Executors and Trustees by the Conveyancing and Law of Property Act 1881 and that all provisions in the said Act applicable to this my Will or any matter therein shall be taken as incorporated herein except they are in any way inconsistent with anything hereinbefore contained. And lastly I revoke all former Wills and testamentary dispositions and declare this to be my last Will and Testament. IN WITNESS WHEREOF I have to this my Will contained in pages of paper set and subscribed my hand at London this sixth day of December One thousand eight hundred and eighty nine ----------George Elliott---------------SIGNED and Published ad Declared by the Testator Sir George Elliott

as and for his last Will and testament Witnesses. Sigd ---- Charles Burt " ----- Alfred J. Kent

 

THIS IS A CODICIL TO THE LAST WILL of me SIR GEORGE ELLIOTT Baronet M.P. which Will is dated the 6th. December 1889. In addition to what is given/to them by my said Will I give to each of the Daughters of my Daughter Henrietta the wife of Charles Taylor Esquire who shall live to attain the age of twenty-one years or be married under that age with the consent of their parents or surviving parent or guardian the sum of One thousand pounds. DAETD this 15th day of December 1889 --------George Elliott -------SIGNED by the said Sir George Elliott as a Codicil to his Will in the presence of us present together at the same time who at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses. -------William Parfitt Dock Master Alexandra Dock House, Newport Mon. ------- Frederick Thomas Berryman Servant 1 Park Street, Park Lane,

London THIS IS A CODICIL TO THE LAST WILL of me SIR GEORGE ELLIOTT Baronet M.P. which Will is dated the 6th. December 1889. I give to each of my Sons in law Joseph Parkinson and Charles Taylor the sum of Two Thousand pounds and a like sum of Two thousand pounds to my Son in law Thomas Thompson Pyle if he shall be at my death in the judgement of the Trustees of my Will in such health as to enable him to manage his affairs and if not then I give the same Two thousand pounds to my Daughter Margaret Pyle the wife of said Thomas Thompson Pyle for her sole and absolute use and benefit. I also give to my Great Grandson (whose name I do not remember) the eldest Son of my Grand Daughter Anna McClean

(Maiden name now married to Mr. John -----Young) who is the eldest Daughter of my eldest son Ralph Elliott deceased the sum of Three thousand pounds to be paid to him on his attaining the age of twenty-one years by my Trustees ------George Elliott ---------SIGNED by the said Sir George Elliott as a Codicil to his Will in the presence of us present together at the same time who at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses-----W. Parfitt Dock Master Newport. Mon. -----F.T. Berryman 1 Park Street Park Lane, London W. Servant ----- CAIRO 30th December 1889.

County of probate Halifax, NS Office of Registry

The foregoing is a true copy of the Will of Sir George Elliott, therein named deceased, as taken from the authenticated copy of said Will filed said Office of Registry under chapter 13 Acts of Nova Scotia for 1891. Douglas Howe

Deputy Registrar

Stamp - Province of Nova Scotia, Registrar of Deeds Office, County of Pictou, 25th March 1896 I certify that the within instrument was duly registered at 10 AM of the above day in Book 3, pages 36 to 45 on the certificate of Douglass Howe Dept. Reg Rgr. John Yorston Registrar.