Will
The following transcript was found in the
*ABH research notes:
"
THIS IS THE LAST WILL AND TESTAMENT of me ETHEL BARTON formerly of "Craglands" Warton near Carnforth but now of Richmond 4 Boscombe Avenue Morecambe and Heysham, Spinster.
1. I REVOKE all Wills and testamentary dispositions heretofore made by me.
2. I APPOINT my Solicitor Allan Sewart of Lancaster, my friend Thomas Tuckniss Morris of The Elms, Twyfford, and Felix Cossey Reynolds of Lancaster, Solicitor, (hereinafter called "my Trustees") to be the Executors and Trustees of this my Will.
3. I GIVE to my Trustees the sum of Two hundred pounds free of legacy duty IN TRUST to invest the same and during the life and twenty-one years after the death of the youngest for the time being of any present living beneficiary under this my Will to apply the income thereof or as much of the income as necessary from time to time for the care and maintenance of the graves of my Father and Mother in Warton Parish Churchyard so that the same may be kept in good order and condition with liberty for my Trustees in their absolute discretion at any time if they so think fit to pay over the said sum of Two hundred pounds and any accumulations of the income thereof to the Vicar and Wardens for the time being of Warton Parish Church for the purposes aforesaid to be carried out by the Vicar and Warden instead of by my Trustees and if any Trustees so do the receipt of such Vicar and Wardens for the monies paid over shall be a sufficient discharge to my Trustees AND I DECLARE that it is my desire to secure that the said family graves shall at all times be kept in good order and condition.
4. I GIVE to my friend Edith Lilian Eliza Dunn Carruthers of Red Court, Carnforth, my residence called Richmond 4 Boscombe Avenue, Morecambe and Heysham, and all my plate, linen, china, glass, books, pictures and prints, furniture, and other household effects, and all my garden and other outside effects and ether articles and effects of domestic or general use which at my death shall be in or about my said residence, subject as to the said articles and effects to any memorandum or paper signed by me and deposited with this my Will or left among my papers at my death, but such memorandum or paper shall not be deemed to form part of my Will or to have any testamentary character and the expression of my wishes as to the disposal of the said articles and effects shall not create any Trust or legal obligation even if the same shall be communicated to any of my Trustees or anyone else in my lifetime.
5. I GIVE jewellery, trinkets, and other articles of personal use or adornment, to my Nieces Mary Hargreaves, Margaret Davis Morris, and Elizabeth Watson or such of them as shall survive me and, if more than one, to be fairly and equally distributed between them in such manner as they shall agree upon or, in case they are unable to agree, then as shall be settled by my Trustees whose decision shall be final.
6. I GIVE the following pecuniary legacies, all free of legacy duty:-
(a) the sum of Two hundred pounds each to the said Allan Sewart, Thomas Tuckniss Morris, and Felix Cossey Reynolds for their trouble in acting as my Trustees.
(b) the sum of Three thousand pounds to the Reverand Canon William Reginald Coombs, M.A., formerly Vicar of Warton aforesaid or, if he shall die in my lifetime, then to his wife Edith Coombs in addition to her other legacy.
(c) the sum of Three thousand pounds to the said Edith Coombs or, if she shall die in my lifetime, then to the said William Reginald Coombs, in addition to his other legacy.
(d) to my former Chauffeur Albert Lindsay the sum of Five hundred pounds, and
(e) to my present Housekeeper Elizabeth Ann Davis, if in my service at the time of my death and not under notice to leave either given or received, the sum of Five hundred pounds.
7. I GIVE the following annuities both free of legacy duty:-
(a) an annuity of Two hundred pounds to my Sister Maude Wingate during her life, and
(b) an annuity of twenty-six pounds to my former Housemaid Margaret Agnes Wearing of Albert Terrace, Warton, during her life.
8. I DIRECT that the said annuities shall commence from my death and be paid by equal quarterly payments, the first payment to be made at the expiration of three calendar months after my death, AND I FURTHER DIRECT my Trustees to appropriate and set apart and invest such a sum of money as will, when invested, produce by the income thereof an annual sum equal to the amount of the annuities or annuity for the time being payable under this my Will and to apply the income or (if necessary) the corpus of the funds so appropriated in payment of the said annuities or annuity and as an annuity ceases a corresponding part of the said appropriated funds shall fall into and form part of my residuary estate my Trustees retaining only such part of the said appropriated funds as at the time will be sufficient to produce by the income thereof an annual sum equal to any remaining annuity.
9. IN exercise of the power for this purpose conferred on me by the Will dated the 20th day of January One thousand nine hundred and twelve of my Father Edward Barton who died on the sixteenth day of October One thousand nine hundred and thirteen I HEREBY APPOINT that the Trustees or Trustee for the time being of the said Will shall stand possessed of my one fifth share of the residuary trust funds mentioned and referred to as such in the said Will and my share of the same residuary trust funds which has accrued or shall hereafter accrue to me under the said Will in default of appointment IN TRUST as to the capital, as well as income as to one third part thereof for the said Mary Hargreaves as to one other third part thereof for the said Margaret Davis Morris and as to the remaining one third part thereof for the said Elizabeth Watson (all of whom were living at the death of the said Edward Barton) to be held upon the trust hereinafter declared concerning the same.
10. I GIVE the one fifth share (both original and accruing) of the said residuary trust funds of the said Edward Barton, deceased, mentioned and referred to as such in his said Will, originally the share of my late sister Mabel Barton (who died on the Twenty fifth of July One thousand nine hundred and fifteen and which share was appointed by her to me absolutely by her Will proved on the Sixth day of September One thousand nine hundred and fifteen) so far as such share has not already been handed over to me by my Trustees IN TRUST as to capital as well as income as to one third part thereof for the said Mary Hargreaves as to one other third part thereof to the said Margaret Davis Morris and as to the remaining one third part thereof for the said Elizabeth Watson to be held upon the trust hereinafter declared concerning the same.
11. I GIVE all my property not hereby otherwise disposed of to my Trustees UPON TRUST that my Trustees shall sell, call in, and convert into money the same or, such part thereof that shall not consist of money, and shall with and out of the monies produced by such sale, calling in, and conversion and, with and out of my ready money, pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my Will or any Codicil hereto and the duty on legacy on legacies bequeathed free of duty and, (subject to the annuities bequeathed by this my Will or any Codicil hereto) shall stand possessed of the residue of the said monies and the investments for the time being representing the same IN TRUST as the one third part thereof for the said Mary Hargreaves, as to one other third part thereof for the said Margaret Davis Morris, and as to the remaining one third part thereof for the said Elizabeth Watson, to be held upon the trust hereinafter concerning the same.
12. PROVIDED ALWAYS AND I DECLARE that my Trustees shall retain the share of each of my said Nieces under each of the Clauses 9, 10 and 11 of this my Will upon the trust following, that is to say, UPON TRUST that my Trustees shall at their discretion invest the same with power for my Trustees from time to time at such discretion as aforesaid to vary the investments and shall pay the income thereof to my Niece for whom the shares shall have been retained during her life and, so that she shall not have power while under coverture to anticipate the same, but with power for her to appoint by deed or will that after her death the whole or any part of such income shall be paid to any Husband of her who may survive her during her life or any less period AND from and after her death and subject to any appointment which may be made to her husband as aforesaid IN TRUST for such child, children, or remoter issue of my same Niece, in such shares (if more than one) and in such manner as she shall by any deed or deeds or by her Will appoint, AND IN DEFAULT of such appointment and so far as any such appointments shall not extend IN TRUST for all the children of my same Niece who being sons attain the age of twenty one years or being daughters attain that age or marry, in equal shares and, if there shall be only one such child the whole to be in trust for that one child but so nevertheless that no child who or any of whose issue shall take a share under any such appointment as aforesaid shall take any share of the unappointed part of the trust funds without bringing the share appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly unless my Niece making such appointment shall thereby direct the contrary, AND IN CASE there shall be no child of my same Niece who, being a son, shall attain the age of twenty one years or, being a daughter, shall attain that age or marry, then IN TRUST for the others of my said Nieces in equal shares and so that the share or shares accruing to each or either of my said Nieces under this trust shall be subject to the trust hereby declared concerning the original share of the same Niece under this my Will, PROVIDED ALWAYS and I hereby declare that if any of my said Nieces shall die in my lifetime leaving a child or children who shall survive me and, being sons attain the age of twenty one years, or being daughters
attain that age or marry, then and in every such case such child or children shall take (and if more than one equally between them) the share to which his, her, or their parent would have been entitled under the said Clauses 9, 10, and 11 of this my Will if such Niece had survived me, including any share or shares which would have accrued to such Niece under the trusts and provisions in that behalf hereinbefore contained, AND I DECLARE that my Trustees shall have power to raise any part or parts not exceeding together one moiety of the vested or expectant share of any child or other issue of any of my said Nieces under the trust of this my Will and apply the same for his or her advancement, preferment, or benefit as my Trustees shall think fit, but so that no such money shall be raised and applied as aforesaid during the existence of any prior interest or interests therein under this my Will without the consent in writing of the person or persons having such prior interest or interests.
13. I DECLARE that my Trustees may postpone the sale and conversion of any part of my real and personal estate for so long as they shall think fit and that the rents, profits and income to accrue from and after my death of and from such part of my estate as shall for the time being remain unsold and uncoverted shall, after payment thereout of all incidental expenses and outgoings, be paid and applied to the person or persons and in the manner to whom and in which the income of the proceeds of such sale and conversion would for the time being be payable or applicable under this my Will if such sale and conversion had been actually made.
14. I DECLARE that all monies liable to be invested under this my Will may be invested in or upon any stocks, funds or securities for the time being authorized by law for the investment of trust funds or in or upon the bonds, debentures or debenture stock or the guaranteed, preference or ordinary stocks or shares of any Company in or out of the United Kingdom which shall have paid dividends upon its ordinary capital at the rate of at least Three pounds per centum per annum for at least five years prior to the time of investment or in or upon the stocks, bonds, debentures or securities of any Municipality, County or District Council, Public Body or Local Authority in or out of the United Kingdom.
15. I DECLARE that the number of Trustees of this my Will shall at all times be kept up to not less than three and in the event of the number becoming at any time by death or otherwise reduced below that number the vacancy or vacancies shall, as soon as circumstances will conveniently admit, be filled up but nevertheless any acts or proceedings of the Trustees or Trustee for the time being in the interval before the filling up of such vacancy or vacancies shall not be invalidated by reason of the same net having been done.
16. I DECLARE that the Trustees for the time being of this my Will may, instead of acting personally, employ and pay a Solicitor or other person to transact any business or to do any act of whatever nature required to be done in connection with the administration of my estate or the trust hereby declared including the receipt and payment of money and that my Executor or Trustee hereunder being a Solicitor or other person engaged in any profession or business may be so employed or may so act and shall be entitled to charge and be paid for all work done and time expended by him or his firm in relation to the executorship or trust including any act which an Executor or Trustee not being a Solicitor or other person engaged as aforesaid could have done personally.
17. I DECLARE that it is my earnest hope that there will be no question, dispute or difference under this my Will at the instance of any beneficiary and if any question be raised by any beneficiary under this my Will it shall be decided by my Trustees whose decision shall be final and if any beneficiary having been notified in writing of the decision of my Trustees on any question fail for three calendar months after so being notified by my Trustees to notify my Trustees in writing of the acceptance of such decision or if any beneficiary shall take any legal proceedings concerning any question, dispute or difference under this my Will such beneficiary shall forfeit all benefits or future benefits under this my Will and this my Will shall take effect from and after the failure aforesaid to notify my Trustees of the acceptance of the decision of my Trustees or the commencement of any such legal proceedings as if such beneficiary had thereupon died, it being my will and intention that every beneficiary under this my Will shall give full effect to all the provisions of this my Will or otherwise shall not benefit in any way under this my Will.
IN WITNESS whereof I hereunto set my hand this twenty second day of May One thousand nine hundred and forty seven
SIGNED by the said Ethel Barton as and for her last Will and Testament in the presence of us both present at the same time who at her request in her sight and presence and in the presence of each other have hereunto subscribed our names as attesting witnesses
Richard R. Woods
John R. Stalker Clerks to Hall Marshall and Sewart Solicitcrs Lancaster"