The Will of Nora (Thompson) Curtis 1896-1974

This is the last Will of me, Nora Curtis of Westholme, Winston, in the County of Durham, wife of Frank Maynard Constable Curtis.

I REVOKE all former Wills.
I APPOINT my said husband and James Stanley Dickinson and John Norris to be Executors and Trustees of this my Will, and they and the survivors and survivor or other the Executors or Trustees of this my Will are hereinafter called "my Trustees".
I BEQUEATH (free of duty) all my jewelry and other articles of personal use and ornament to my daughter Ann.
I GIVE (free of duty) all the residue of my personal chattels as defined by Section 55 (1) (X) of the Administration of Estates Act 1925, to my Husband during her life, he keeping the same in good repair and comprehensively insured to the full value thereof at his own cost, in the names of my Trustees and after his decease, I DIRECT that the same shall fall into, and form part of my residuary estate, and I DECLARE that my husband 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 the following pecuniary legacies, free of duties:
Fifty pounds to my Godchild David Hoare
Fifty pounds to my Goddaughter Henrietta Davis
Fifty pounds to my Goddaughter Rosalind H. Hills
Fifty pounds to James Stanley Dickinson
Fifty pounds to John Norris
One Hundred pounds to the Distressed Gentlefolk's Aid Association
One Hundred pounds to the R.S.P.C.A.
IN exercise of the powers contained under the Marriage settlement dated the Seventh Day of July, One thousand Nine Hundred and Thirty Two, and made between

Mary Ann Thompson of the first part,
myself of the second part,
the said Frank Maynard Constable Curtis of the third part,
Stanley Dickinson, Alfred Harold Dickinson, and the said John Iliff of the fourth part,
and the said Mary Ann Thompson, Stanley Dickinson, and Alfred Harold Dickinson of the fifth part

I APPOINT that the TRUSTEES thereof shall stand possessed of the funds subject to the Trusts thereof (hereinafter called "my Marriage Settlement Funds")

(a) UPON trust to pay the whole of the income therefrom to my said husband during his life.

(b) SUBJECT as aforesaid Upon Trust for my said daughter absolutely
IN exercise of the power of appointment contained in the Will dated the Twenty-fourth day of June, One thousand Nine Hundred and Three, of my father, Joseph Lowes Thompson, I APPOINT that the funds remaining subject to the Trusts thereof (hereinafter called "The J. L. Thompson Trust Estate") shall be held by the Trustees thereof Upon Trust for my said daughter Ann absolutely.
I GIVE DEVISE AND BEQUEATH all my real and personal estate unto my Trustees UPON TRUST to sell, call in, and convert into money such parts thereof as shall not consist of money, and after payment of my debts and funeral and testamentary expenses to invest the residue of such moneys, and to hold the same and all other parts of my real and personal estate (hereinafter called "my Residuary Estate") UPON TRUST to pay the income thereof to my said husband during his life (free of all duties) and after his death UPON TRUST as to both capital and income for my said daughter absolutely.
I DECLARE as follows:
1. 1. That the income from my real leasehold and personal estate, howsoever constituted or invested, shall as from my death be treated as income, and that the net rents and profits of my real and leasehold estate, for the time being remaining unsold, after payment of all outgoings which my trustees shall consider payable out of the income, shall go and be applied as if the same were income of authorised investments of the proceeds of an actual sale thereof and
  2. That no part of any dividends, rents, interest, royalties, or money in the nature of income, which shall be actually paid after my death, shall be apportioned to, or treated, as capital of my estate, and the whole thereof (whether the same be paid in respect of a period wholly or only partly prior to my death) shall belong to the person entitled under my Will to the investment or property from which the same respectively arose, and if there shall be a tenant for life of such investment or property, such dividend, rent, interest, royalty, or money, shall be income payable to such tenant for life, my desire being that apportionment under the Apportionment Act 1870, shall be wholly excluded in the administration of my estate.
2. That the personal representatives of any person who under the trusts hereof is tenant for life of any property shall not be entitled to receive any part of any dividends, rents, interest, royalties, or money in the nature of income which shall be actually received in respect of such property after the death of such tenant for life notwithstanding that the same be paid in respect of a period wholly or partly prior to the death of such tenant for life but the same when received shall belong to the person or persons who, under the said trusts would have been entitled thereto if the same had been paid in respect of a period immediately subsequent to the death of such tenant for life.
MY trustees may retain in whatever condition the same may be at my death any part of my Residuary Estate, and may postpone the sale, calling in, and conversion thereof for such period as they may, 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.
MY Trustees may appropriate any property forming part of my residuary estate or otherwise coming under their control under the provision of this my Will, to or towards the share of any person hereunder and for that purpose may fix the value thereof as they shall think fit and every such appropriation and valuation shall be binding on all persons interested under the provisions of this my Will.
IN the investment of Trust moneys calling for investment hereunder my Trustees shall not be limited to investments authorised by law for Trustees, but may invest money in such manner, and upon such investments or securities, including the purchase of freehold or leasehold land as an investment, or as a residence, for my said husband or daughter, or either of them as my Trustees might do if they were absolute beneficial owners.
My Trustees may, instead of acting personally, employ and pay any person or persons to transact any business or do any act of whatever nature in relation to the trusts hereof (including the receipt and payment of money) without being liable for any loss incurred thereby AND any Trustee 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 could have done personally.

IN WITNESS whereof I have hereunto set my hand this seventeenth day of April one thousand nine hundred and Sixty Eight. - Nora Curtis

SIGNED by the said Nora Curtis, as and for her last Will, in our presence, who in her presence, and in the presence of each other, at the same time, subscribe our names as witnesses:
(Unable to read names)