This is the last Will of me, Frank Maynard Constable Curtis of Westholme, Winston, in the County of Durham, Captain R. N. (Retired).
- I REVOKE all testamentary dispositions heretofore made by me.
- I APPOINT my wife Nora Curtis, my nephew Lieutenant Colonel John David Lumsden Boyle M.B.E., M.C., of Easter, Tullybanocher, Comrie, Perthshire, and John Iliff of 51 John Street, Sunderland, in the county of Durham, Solicitor (who, and the survivor, and survivors of them) and other the Executors and Trustees of this my Will, are hereinafter called "my Trustees".
- I GIVE to my wife all my personal chattels, as defined by Section 55 (1) (X) of the Administration of Estates Act of 1925.
- I GIVE to each of Mrs. Lena Harris and Albert Hunt if she or he shall be in my service at the date of my death, and not under notice, given or received, the sum of Five pounds for each completed year in such service.
- I GIVE devise and Bequeath all my real, and the residue of my personal estate unto my Trustees UPON TRUST that my Trustees shall sell, call in, and convert into money such parts thereof as shall not consist of money, and shall, out of my ready money, and the clear money to arise from such sale, calling in, and conversion, to pay my debts and funeral and testamentary expenses and shall invest the residue of such money (which money and the investments for the time being representing the (unreadable) are hereinafter called "my Residuary Estate") in any of the investments hereinafter authorised with power to vary or transpose such investments for or unto others of a nature hereby authorised and shall pay the annual income of my Residuary Estate to my wife during her life, and from and after her death, my Trustees shall hold my Residuary Estate IN TRUST for my daughter Ann Constable Curtis, if she shall be living at the date of death of the survivor of my wife and me.
- PROVIDED that if my said daughter shall not attain a vested interest under the foregoing clause of this my Will, but shall leave a child or children living at the date of death of the survivor of my wife and me, then such child or children shall take, and if more than one, equally between them, my Residuary Estate.
- NOTWITHSTANDING the Settlement of my Residuary Estate hereinbefore contained, my Trustees, may in there absolute discretion, if they think fit for any good reason, and if so requested by my wife in writing, withdraw out of such settlement any part or parts of my Residuary Estate and may pay or transfer the same to my wife free of duty and upon such payment or transfer, such part or parts of my Residuary Estate as aforesaid, shall belong to my wife absolutely and shall be freed and discharged from all the trusts hereinbefore declared concerning my Residuary Estate.
- FOR the purposes of the last preceding sub-clause, the absolute discretion hereinbefore vested in my Trustees shall be exercisable by my Trustees other than my wife and if anytime she shall be sole Trustee, the said discretion shall not again become exercisable until the appointment of a new Trustee or Trustees.
- MY TRUSTEES may postpone the sale, calling in, and conversion of any part of my Estate for such period as they, in their absolute and uncontrolled discretion think fit, notwithstanding that it may be of a wasting, hazardous, speculative, or reversionary nature, without being liable for any loss occasioned by such retention and postponement, AND pending such sale, calling in, and conversion as aforesaid, the whole of the income of property actually producing, shall be applied from my death as income, and on such sale, calling in, and conversion, or on the falling in of any reversionary property, no part of the proceeds of such sale, calling in, or conversion of such property shall be paid or applied as past income, AND I DECLARE that as between capital and income of my Residuary Estate, no income (whether the same be received in respect of a period wholly or only partly prior to my death) which shall be actually received after my death, shall be apportioned or treated as capital.
- THE statutory powers and provisions as to maintenance and advancement shall apply to all infant's interests hereunder.
- IN addition to the statutory powers of investment, my Trustees may invest all moneys requiring to be invested under this my Will, in any manner in which they may in their absolute discretion think fit, in all respects, as if they were the sole owners of such moneys, and I EXPRESSLY DECLARE that the purchase of a freehold or leasehold house as a residence for my wife is an authorised investment.
- ANY Trustee of this my Will being a person engaged in any profession or business may be so employed to act and shall be entitled to charge and be paid all professional or other charges for any business or act done by him or his firm in connection with the administration of my estate and the trusts hereof including acts which a trustee not being a person so engaged could have done personally.
IN WITNESS whereof I have hereunto set my hand this Tenth day of June one thousand nine hundred and Fifty Nine. -
F. Maynard C. Curtis
SIGNED by the said
Frank Maynard Constable Curtis, as and for his last Will, in the presence of us both present at the same time, who in his presence, and in the presence of each other at the same time, subscribed our names as witnesses:
G. H. Kirkup, Westholme, Winston, near Darlington, Housekeeper
E. J. Harland, Westholme, Winston, near Darlington, Farmer
This is a Codicil to my Will herein written.
I, FRANK MAYNARD CONSTABLE CURTIS of Westholme, Winston, in the County of Durham, Captain R. N. (Retired) declare this to be a Codicil to my WILL, which Will bears date the Tenth day of June, One thousand Nine Hundred and Fifty Nine.
- I GIVE to my nephew Lieutenant Colonel John David Lumsden Boyle M.B.E. M.C. the sum of Twenty Five pounds, if he shall prove my Will.
- I REVOKE Clause 3 of my said Will, and in lieu thereof,
I GIVE (free of duty) all my personal chattels as defined by Section 55 (1) (X) of the Administration of Estates Act 1925, to my Wife during her life, she keeping the same in good repair and comprehensively insured to the full value thereof at her own cost, in the names of my Trustees and after her decease, I DIRECT that the same shall fall into, and form part of my residuary estate, and I DECLARE that my wife shall not be bound to sign an inventory of such personal chattels, and that it shall not be obligatory on my Trustees to make an inventory, or to see to the repair or insurance of such personal chattels.
- I BEQUEATH free of duty a legacy of Five Thousand pounds to my wife.
- IN all respects, I confirm my said Will.
IN WITNESS whereof I have hereunto set my hand this 11th day of November One Thousand Nine Hundred and Fifty Nine.
-
F. Maynard C. Curtis
SIGNED by the said
FRANK MAYNARD CONSTABLE CURTIS, as and for a First Codicil to his last Will, which bears date the Tenth day of June, One thousand Nine Hundred and Fifty Nine, in the presence of us both present at the same time, who in his presence, and in the presence of each other have hereunto subscribed our names as witnesses:
(unreadable), Barclays Bank Ltd., Barnard Castle, (unreadable)
(unreadable), Barclays Bank Ltd., Barnard Castle, (unreadable)
On the 23rd day of February 1970 Probate of this will, with one Codicil, was granted at Newcastle upon Tyne, to Nora Curtis, of Westholme, aforesaid, Widow, the relict, and John David Lumsden Boyle, M.B.E., M.C., of The Ferryhouse, Erskine, Bishopton, Renfrewshire, Lieutenant Colonel H.M. Army (Retired), nephew of the said deceased, the surviving Executors named in the said Will.
FRANK MAYNARD CONSTABLE CURTIS, of Westholme, Winston, Darlington, County Durham,
Died there on the 15th day of September, 1969.
£13,551 0s 0d