Will of John Edward Arthur Willis Fleming, 1948
From The Muniment Room, a resource for social history, family history, and local history.
Transcription
I JOHN EDWARD ARTHUR WILLIS FLEMING of Gruinards Ardgay Rosshire and of Bourne Cottage Fishbourne Ryde in the Isle of Wight Esquire hereby revoke all testamentary dispositions heretofore made by me and declare this to be my last Will which I make this twenty sixth day of January One thousand nine hundred and forty eight
1. IT is my wish that on my death a Surgeon shall sever an artery to ensure that life is ended and I wish to be cremated that my ashes shall be buried in or near the family vault in North Stoneham Churchyard and that my funeral shall be as simple as possible without mourning or flowers and with only a farm cart to carry my remains
2. I APPOINT my son JOHN BROWNE PHILLIM0RE WILLIS FLEMING my Brother-in-Iaw CHARLES AUGUSTUS PHILLIMORE ALAN ARNOLD of The Cottage Stoneham in the County of Southampton Gentleman and JOHN MELIOR STEVENS of 42 Bedford Row in the County of London Solicitor (hereinafter called 'my Trustees") to be the Executors and Trustees of my Will
3. I BEQUEATH free of duty to each of them the said Charles Augustus Phillimore Alan Arnold and John Melior Stevens who accepts the office of Trustee and Executor the sum of One hundred pounds
4. THE following forms contained in Part 1 of the Statutory Will Forms 1925 shall be incorporated in my Will namely
Form 1 Confirmation of Settlements
Form 2 Meaning of personal chattels
Form 5 Directions respecting annuities
Form 6 Powers of appropriation BR>
5. I BEQUEATH free of duty the sum of Two thousand pounds to my Wife Violet Elizabeth Annie Willis Fleming to be paid to her within one month or as soon as may be after my death for her immediate requirements and in priority to all other bequests hereby made
6. I BEQUEATH free of duty to my son John Browne Phillimore Willis Fleming all my jewellery and personal trinkets including my gold crested watch and chain and my crested ring and all my wearing apparel and my provisions and consumable stores including wines and liquors
7. (a) I BEQUEATH free of duty all my personal chattels (except such as are included in the specific bequest contained in clause 6 hereof) unto my Trustees UPON TRUST that my Trustees shall permit my Wife to use and enjoy the same during her life and after her death shall hold the same IN TRUST for the person who would if I had died at the date of death of the survivor of my Wife and myself have been my heir at law according to the law in force before the year One thousand nine hundred and twenty six
(b) I DIRECT that no Inventory need be made of the articles included in the foregoing bequest nor shall my Trustees or my Wife be bound to see to the preservation of the said articles or as to their insurance nor be answerable for any loss or injury which may happen thereto during the life of my Wife
(c) I DESIRE to record that many articles which may otherwise be thought to come within the aforesaid bequest are the property of my Wife or of my Daughter Elizabeth Katherine Willis Fleming or of my Niece Barbara Louisa Agnes Phillimore and that nothing herein contained is to be considered as a purported gift of any such articles not in fact belonging to me or as raising any case of election
8. (a) I GIVE AND DEVISE my freehold house or cottage known as Bourne Cottage at Fishbourne Plantation in the Parish of Binstead in the Isle of Wight together with the outbuildings and land held therewith and together also with the remainder of Fishbourne Plantation amounting in all to 6.348 acres or thereabouts to my Wife for life and from and after her death the said house and premises shall fall into and form part of my residuary estate hereinafter constituted and shall be held on trust for sale
(b) I GIVE AND DEVISE my freehold house with the outbuildings and land held therewith at North Stoneham aforesaid and known as The Cottage North Stoneham Park numbered on the Ordnance Map (Second Edition 1910) 303, 304, 305, 306 and 307 (except the kitchen garden in front of the same numbered on the said map 291) to the said Alan Arnold for his life and from and after his death to my Daughter Elizabeth Katherine Willis Fleming in fee simple
(c) MY TRUSTEES shall out of my Residuary Estate discharge all death duties which are or shall become payable (whether at my death or at any later date including any duties which may be payable on the death of the said Alan Arnold) in respect of the properties hereinbefore specifically devised in exoneration thereof
9. I BEQUEATH free of duty to my Wife an annuity of One thousand two hundred and fifty pounds for her life to commence from my death and to be considered as accruing from day to day but to be paid by equal quarterly payments the first payment to be made at the end of three months after my death
10. I BEQUEATH free of duty the following pecuniary legacies namely:
(a) To my son John Browne Phillimore Willis Fleming the sum of One thousand pounds
(b) To my son Edward Charles Augustus Willis Fleming the sum of One thousand pounds
(c) To my daughter Ida Harriet Simmons the sum of Five Hundred Pounds
(d) To my daughter Elizabeth Katherine Willis Fleming the Sum of Five Hundred Pounds
(e) To each of my Grandchildren living at my death the sum of One Hundred Pounds
(f) To N– Pack (my old Gardener at Chilworth Manor) the sum of One Hundred Pounds
11. WHEREAS I have recently made a gift which I HEREBY CONFIRM to or for the benefit of my Niece Barbara Louisa Agnes Phillimore of the sum of Four thousand pounds I DECLARE that if the said gift shall be chargeable with death duties on my death as a gift inter vivos not bona fide made more than five years before my death or otherwise then all death duties payable in respect thereof and any interest thereon shall be paid by my Executors out of my Residuary Estate AND I FURTHER DECLARE that any legacy duty or any sums so paid shall also be paid out of my Residuary Estate
12. I DIRECT that my Executors shall if so requested by my Wife maintain and carry on at the expense of my estate and free of all duties my establishment at Gruinards aforesaid or at any other house there I may be living at the time of my death for a period not exceeding six months from my death
13. I AUTHORISE my Trustees if and whenever they are desirous of distributing my Residuary Estate before the death of the said Alan Arnold to provide for the duties payable out of my estate on his death by a single premium policy on his life or by setting aside a part of my Residuary Estate such policy or part set aside to be of such value as my Trustees shall consider adequate in all the circumstances then known to them and from and after such policy is effected or sum so set aside the policy moneys or sums set aside hall alone be liable to such duties and the rest of my Residuary Estate shall be free from all charge in respect thereof and any of the policy moneys or sums set aside shall revert to my Residuary Estate and my Trustees shall in no case be liable or responsible for any insufficiency of the policy moneys or sums so set aside to meet the said duties in full
14. I DEVISE AND BEQUEATH all the real and personal estate not hereby or by any Codicil hereto otherwise specifically disposed of and which I can dispose of by Will in any manner I think proper either as beneficially entitled thereto or under any general power including the statutory power to dispose of entailed property unto my Trustees upon the Administration Trusts expressed in Form 5 of the Statutory Will Forms 1925 and that Form shall be incorporated in my Will and shall apply without any variation
15. MY Trustees shall stand possessed of the investments hereinbefore directed to be made or authorised to be retained including any part of my Residuary Estate remaining unconverted and the investments for the time being representing the same (hereinafter called 'my Residuary Estate") UPON TRUST to divide the same into three equal shares and to pay or transfer two such shares to the Trustees for the time being (hereinafter referred to as "the Settlement Trustees") of a Settlement (hereinafter referred to as “the said Settlement") dated the seventeenth day of November One thousand nine hundred and forty seven and made between myself of the first part the said John Browne Phillimore Willis Fleming of the second part and the said John Browne Phillimore Willis Fleming the said Edward Charles Augustus Willis Fleming and Richard Hugh Willis Fleming of the third part to be held by the Settlement Trustees upon the trusts and with and subject to the powers and provisions in the said Settlement contained or declared concerning the shares in the Trust Fund therein referred to appropriated to the said John Browne Phillimore Willis Fleming (hereinafter referred to as "the elder son") and to pay or transfer the remaining one such share to the Settlement Trustees to be held upon the trusts and with and subject to the powers and provisions in the said Settlement contained or declared concerning the share in the Trust Fund therein referred to appropriated to the said Edward Charles Augustus Willis Fleming or such of the said trusts powers and provisions respectively as shall then be capable of taking effect
16. MY Trustees may in relation to the trusts hereof (subject to their right to refer any question to the Court) decide what represents income and what represents capital and may at their discretion without being liable to account for the exercise of such discretion exercise the powers conferred by section 15 of the Trustee Act 1925 and my Trustees shall have the fullest powers of determining what articles of property pass under any specific bequest contained in Will or any Codicil thereto and of apportioning blended trust funds and generally of determining all matters as to which any doubt difficulty or question may arise under or in relation to the execution of the trusts of my Will or any Codicil thereto And every determination of my Trustees in relation to any of the matters aforesaid whether made upon a question formally or actually raised or implied in any of the acts or proceedings of my Trustees in relation to the premises shall bind all the parties interested under this my Will or any Codicil thereto and shall not be objected to or questioned upon any ground whatsoever
ANY Executor or Trustee being a Solicitor or other person engaged in any profession or business shall be entitled to be paid all usual professional or proper charges for business transacted time expended and acts done by him or any partner of his in connection with the Trusts thereof including acts which an Executor or Trustee not being in any profession or business could have done personally
IN WITNESS whereof I have to this my Will contained in this and the three preceding sheets of paper set my hand the day and year first above written
SIGNED by the said John Edward Arthur Willis Fleming as and for his last Will in the presence of us who at his request in his presence and in the presence of each other all being present at the same time have hereunto subscribed our names as Witnesses
(signed) John Edward Arthur Willis Fleming
(signed) Mary Margaret Jephson
(signed) Alexander Wilson
