The Will of Robert Norman Thompson 1878 - 1951 Dated 15 September 1950
(Note: Some Punctuation, Highlighting, and space added for clarity.)
This is the last Will of me, Robert Norman Thompson, of Belford House, Sunderland, in the County of Durham, Knight.
- I REVOKE all Wills and Testamentary dispositions at any time heretofore made by me and declare this to be my last Will.
- I APPOINT my Sons Robert Cyril Thompson and John Victor Thompson and Richard Henry Middleton of 52 John Street, Sunderland, aforesaid Solicitor (hereinafter called "my Trustees") to be the Executors and Trustees of this my Will and Trustees for the purpose of the Settled Land Act 1925.
- I GIVE to my Wife Helena Victoria (free of all duties) the sum of Two thousand pounds if she shall be living at the expiration of three calendar months after my death, such sum to be paid to my said wife at the expiration of three months after my death and in priority to all other bequests hereby made.
- I GIVE my said Wife (free of all duties) if she shall be living at the expiration of three calendar months after my death, all my household furniture, clocks, watches, jewels, trinkets, personal ornaments, and wearing apparel, plate and plated articles, linen, china, glass, books, (except books of account) manuscripts, pictures, drawings, etchings, engravings, prints, photographs, statuary, musical instruments, music, pianolas, pianola records, articles of virtu, wines, liquors, and consumable stores and provisions, horses, carts, carriages, motor cars, carriage and motor accessories, cycles, harness, saddlery, coach house, stable, and garage furniture and utensils, plants, garden tools and implements, farming stock, both live and dead, and all other articles of personal, domestic, or household use, Except such chattels of any of the forgoing descriptions, as are included and dealt with in the settlement made on my marriage with my said Wife.
- I DEVISE my freehold residence known as Belford House, Sunderland, with the gardens, grounds, and lands occupied and enjoyed therewith (hereinafter referred to as "Belford House") unto my Trustees, free of all duties, UPON TRUST that my Trustees shall, with the consent in writing of my said Wife, during her life, and after her decease, at their absolute discretion, sell Belford House with full power to postpone any such sale AND shall stand possessed of the net proceeds of sale (after payment of all costs and expenses in connection with any such sale) and of the net rents and profits of Belford House until sale UPON the Trusts and with and subject to the powers and provisions hereinafter declared of and concerning the same, that is to say:
- My Trustees shall, subject to the provisions of sub clause (E) hereof, at their absolute discretion, invest the said net proceeds of sale in any investments hereinafter authorised for the investment of the proceeds of the sale, calling in, collection, and conversion of my residuary estate, with full power at their discretion to vary or transpose such investments foe or unto others of a like nature.
- My Trustees shall pay the income of the investments hereinbefore directed to be made of the net proceeds of sale of Belford House and the income of such part or parts of the net proceeds of sale of Belford House as shall for the time being remain uninvested and the net rents and profits of Belford House, until sale to my said Wife, during her life.
- FROM and after the death of my said Wife, my Trustees shall hold the investments hereinbefore directed to be made of the net proceeds of sale of Belford House, and such part or parts of the net proceeds of sale of Belford House, as shall for the time being remain uninvested, and the net rents and profits of Belford House until sale UPON the same trusts and with and subject to the same powers and provisions as are hereinafter declared and contained of and concerning the Trust Fund defined in clause 12 hereof or such of the same as shall be then subsisting and capable of taking effect and so that for the purposes of such trusts, powers and provisions, the net rents and profits of Belford House until sale shall be treated as income.
- MY Trustees shall have full power, without being in any way responsible or accountable for any loss which may accrue to my estate, to permit my said Wife to occupy Belford House rent free, as her residence for so long as she shall desire to do so and it is my earnest desire that my Trustees shall exercise this power.
- IN the event of Belford House being sold by my Trustees in the lifetime of my said Wife, then my Trustees may, with the consent in writing of my said Wife, lay out and apply the whole or any part of the net proceeds of sale of Belford House or the investments for the time being representing the same in the purchase of another messuage with suitable outbuildings, offices, and other appurtenances, and with or without gardens, pleasure grounds, and lands to be held therewith, as a residence for my said Wife, such messuage and premises to be situate in England or Wales, and to be either freehold or leasehold, held for a term of which not less than fifty years shall be unexpired at the time or purchase AND such messuage and premises shall be assured to my Trustees for the estate purchased by them UPON the same trusts and with and subject to the same powers s(including the power conferred by sub clause (D) hereof, and this present power) as are hereinbefore declared and contained concerning Belford House and the net proceeds of sale thereof and the net rents and profits thereof until sale.
- I GIVE AND BEQUEATH to my Trustees (free of all duties payable at my death, and at the death of my said Wife) the sum of Fifteen Thousand pounds, but so that if my said Wife shall survive me, such sum shall not be payable to my Trustees until the death of my said Wife and in the meantime shall form part of the Trust Fund hereinafter defined and as and when received by my Trustees, the said sum shall be held by them in the following manner:
- Upon trust to invest the same in the names of my Trustees in or upon any investments for the time being authorised by law for the investment of trust moneys with power to vary or transpose such investments for or into others of a like nature.
- My Trustees shall stand possessed of the said sum and the investments for the time being representing the same (hereinafter called "my daughter's share") and shall hold the income of my daughter's share upon protective trusts for the benefit of my Daughter Mary Joyce Burn, during her life.
- From and after the death of my said daughter, my Trustees shall hold the capital and future income of my Daughter's share IN TRUST for all or such one or more exclusively of the others or other of the children or remoter issue of my said Daughter at such age or time or respective ages or times if more than one in such shares and with such trusts for their respective benefit and such provisions for their respective advancement and maintenance and education at the discretion of my Trustees as my said daughter shall by Will or Codicil without transgressing the rule against perpetuities appoint and in default of and subject to any such appointment In Trust for all or any the children or child of my said Daughter who shall be living at my death or born afterwards and attain the age of twenty one years and if more than one in equal shares.
- If the trusts declared in the last preceding sub-clause hereof shall fail then subject to the trusts powers and provisions herein declared and contained and to the powers by law vested in my Trustees and to every or any exercise of such respective powers my daughter's share and the future income thereof shall fall into and form part of the Trust Fund hereinafter mentioned.
- I GIVE to Conrad Hahn, if he shall at my death be in the service of myself or Joseph L. Thompson & Sons Limited, and shall not then be under notice to leave whether given or received, the sum of three hundred pounds free of all duties.
- I GIVE DEVISE BEQUEATH AND APPOINT all the real and personal property whatsoever and wheresoever, and of what tenure, nature, or kind, so ever the same may be, of or to which, I shall be seised, possessed, or entitled, at my death, or over which I shall then have a general power of appointment, or disposition by Will, or of which I shall then be tenant in tail, in possession (except property otherwise disposed of by this my Will or any Codicil hereto), all of which is hereinafter called "my residuary estate" UNTO my Trustees UPON the trusts and with and subject to, the powers and provisions hereinafter declared, of and concerning the same , that is to say:
- UPON TRUST that my Trustees (subject to their discretion under the provisions of Clause 19 hereof) shall sell, call in, collect, and convert into money my residuary estate at such time or times and in such manner as they shall think fit (but as to reversionary property not until it falls into possession unless it shall appear to my Trustees that an earlier sale would be beneficial).
- MY TRUSTEES shall, out of the moneys to arise from the sale, calling in, collection and conversion of, or forming part of, my residuary estate, pay my funeral and testamentary expenses (including all estate duty leviable at my death, in respect of all property passing under this my Will or any Codicil hereto) and debts (including mortgage debts) and the legacies bequeathed by this my Will or any Codicil hereto, and all death duties and other moneys under which, or by virtue of, any direction or bequest free of duty contained in this my will or any Codicil hereto are payable out of my general personal estate.
- MY TRUSTEES shall at their discretion invest the residue of the said moneys in the names of my Trustees or under their control in or upon such stocks, funds, shares, securities, or other investments of whatsoever nature and wheresoever and whether involving liability or not or upon such personal credit with or without security as my Trustees shall in their absolute uncontrolled discretion think fit, and with the like absolute power of varying and transposing such investments from time to time for or unto others of a like nature to the intent that my Trustees shall have the same full and unrestricted power of investing or transposing the investment of the Trust premises in all respects as if they were absolutely entitled thereto beneficially.
- MY TRUSTEES shall stand possessed of the residue of the said moneys and the investments for the time being representing the same and of such part or parts of my residuary estate, as shall for the time being remain unsold, not called in, uncollected, and unconverted (all of which premises are hereinafter referred to as "the Trust Fund") UPON TRUST to pay the income of the Trust Fund to my said Wife during her life.
- FROM and after the death off my said Wife (or from and after my death, if my Wife shall predecease me) my Trustees shall hold the capital and future income of the Trust Fund IN TRUST for my said sons, Robert Cyril Thompson and John Victor Thompson, in equal shares if they shall both be living at the death of the survivor of myself and my said Wife, but if only one of them shall be then living, then subject to the provisions of the next succeeding clause hereof IN TRUST for that one absolutely.
- I DIRECT that if either or both of my said Sons shall have died before the death of the survivor of myself and my said Wife (whether or he or they shall have died during my lifetime) and shall leave a child or children, living at the death of such survivor, and who attains the age of twenty-one years, then such child or children shall take, and if more than one, in equal shares, the share in the Trust Fund which his, her, or their Father would have taken under the provisions of this my Will if such Father had been living at the death of such survivor PROVIDED that each of them, my said Sons (whether or not he shall leave a child or children living as aforesaid) may by Will or Codicil appoint to or for the benefit of his Widow (if any) during her life or any less period the income of the share in the Trust Fund or any part thereof to which such Son would have been entitled under the provisions of the last proceeding clause hereof if alive at the death of the survivor of myself and my said Wife and the trusts and provisions in this and the last preceding clause hereof declared and contained concerning the share in the Trust Fund of any such Son predeceasing the survivor of myself and my said Wife shall take effect subject to any such appointment as aforesaid and my Trustees shall retain the share in the Trust Fund (or so much thereof as may be necessary to give effect to any such appointment) the income of which is subject to any such appointment as aforesaid in their names or under their control (with power at the discretion of my Trustees from time to time to vary the investments thereof for or unto others of a nature hereby authorised) during such period as may be necessary to give effect to any such appointment as aforesaid.
- I DECLARE that all and every sum or sums of money or property which I have given or covenanted or agreed to give, or which I may hereafter give or covenant or agree to give, to or with any child of mine on his or her marriage or otherwise for his or her advancement or establishment in life, or inter vivos gifts of any kind whatsoever shall not be taken in or towards satisfaction of the share or interest of such child under the provisions of this my Will, unless a written Memorandum signed by me and declaring otherwise shall be found in existence at my death, PROVIDED ALWAYS and I expressly declare that nothing in this my Will contained shall effect the provisions of the Settlement on my marriage with my said Wife and the provisions herein made in favour of my children shall be in addition to, and not in satisfaction of those made or so covenanted to be made for them in such Settlement.
- I HEREBY DECLARE that notwithstanding that I have hereinbefore given to my Wife, a life interest only in the Trust Fund, my Trustees shall be at liberty, in their absolute controlled discretion, upon the request in writing of my Wife, at any time, and from time to time, to raise and release from the Trusts hereinbefore declared concerning the Trust Fund, and to pay out of the Trust Fund, either to my Wife for her own absolute use and benefit, or to any other person or persons, firm, bank, company, or corporation, for her account, and at her request, and subject to any such terms and conditions, as they in their absolute and uncontrolled discretion approve of, or see fit to impose, or wholly free from any such terms or conditions, any sums not exceeding in the whole, the sum of Twenty Thousand pounds.
- IN the exercise of the discretion hereinbefore in the last preceding Clause given to my Trustees, my Wife may concur therein notwithstanding that she has a direct interest in the result of such exercise, but my Wife may, if she thinks fit, abstain from acting in the matter, and may allow her co-Trustees to act without her concurrence in the exercise of such discretion.
- THE bequest contained in Clause 6 hereof shall take effect in priority to any exercise by my Trustees of the discretionary power hereinbefore given to them by Clause 16 hereof.
- I EXPRESSLY authorise, empower, and direct my Trustees, in their absolute and uncontrolled discretion to postpone the sale, calling in, and conversion of the whole or any part or parts of my residuary estate for such time or times as they shall think fit, and to retain the whole or any part or parts of my residuary estate for so long as they shall think fit, however doubtful, hazardous or wasting may be the nature or description of the property, and in particular may hold any shares in ships or companies owning ships or debentures or shares in any Shipbuilding Company, Colliery Company, Shipping Company, Industrial Company, or other company of any kind whatsoever which may be held by me at the time of my death for so long as my Trustees may, in their uncontrolled discretion think fit, and that they shall have the fullest powers and discretions of an absolute owner of dealing with my outstanding assets, and of giving time to and compounding with my debtors without being responsible for loss which may thereby accrue to my estate and I DECLARE that my Trustees shall be in no way responsible for any loss pending such conversion.
- I DIRECT that the income from my Residual Estate as for the time being shall remain unsold, not called in, uncollected, and unconverted, shall as well during the first year after my death as afterwards be applied as if the same were income arising from investments hereinbefore directed to be made of the proceeds of sale thereof, and that no reversionary or other property not actually producing income shall be treated as producing income for the purposes of this my Will or any Codicil hereto AND I DECLARE that my Trustees may in their discretion adjust in such manner as they think fit, having regard to the circumstances of the case the incidence as between capital and income of the payments made in due course of administration, without regard to the rule known as the rule, in Allhusen v. Whittell, AND I FURTHER DECLARE that as between the capital and income of my residuary estate, no apportionment of rents, profits, annual produce, dividends, interest, or income, shall take place for, or in respect of, the period current at my death, but that the same as also all such rents, profits, annual produce, dividends, interest, and income, whether payable in respect of a period wholly before my death or a period partly before and partly after my death and whether declared before my death or not but received after my death shall be regarded and treated as income of the Trust Fund and be paid and applied accordingly PROVIDED And I also declare that all shares distributed by way of bonus in any Company in respect of an investment forming part of the Trust Fund shall be treated as Capital and not as income.
- I AUTHORISE my Trustees to determine what articles pass under any specific bequest contained in this my Will or any Codicil hereto and subject to the provisions herein contained whether any moneys are to be considered as capital accumulations or income and whether any expenses, outgoings, or other payments, ought to be paid out of capital or income, and how valuations are to be made or values determined for any of the purposes of this my Will or any Codicil hereto and to apportion blended trust funds and to determine all questions and matters of doubt arising in the execution of the trusts of this my Will or any Codicil hereto AND I DECLARE that every such determination whether made upon a question actually raised or implied in the acts or proceedings of my Trustees shall be conclusive and binding on all person interested under this my Will or any Codicil hereto.
- MY TRUSTEES may in extension of the power of appropriation, conferred on personal representatives by Section 41 of the Administration of Estates Act 1925, at any time or times, at their discretion, appropriate any part of my Residuary Estate in it's then actual condition, or state of investment in or towards satisfaction of any legacy (including any settled legacy) or any share in the Trust Fund, without the necessity of obtaining the consent of any person or persons, whose consent is required to the exercise by personal representatives of the power of appropriation, conferred by that section.
- NOTWITHSTANDING anything hereinbefore contained, my Trustees may, in their absolute and uncontrolled discretion, effect any repairs, additions, extensions, or improvements, of whatever nature, to Belford House, or to any other messuage and premises purchased by them under the provisions of sub-clause (E) of Clause 5 hereof, and any insurance against fire of the said premises and may pay for the same out of the capital or income (as they shall think fit) of the Trust Fund AND ALSO may in their absolute and uncontrolled discretion, pay out of the capital or income (as they shall think fit) of the Trust Fund all or any rates, taxes, ground rents, perpetual yearly rent charges, or other outgoings payable in respect of Belford House, or any other messuage and premises purchased by my Trustees under the provisions of sub-clause (E) of Clause 5 hereof AND I DECLARE that all payments made by my Trustees pursuant to the provisions of this clause shall take effect in priority to the Trusts hereinbefore declared concerning the Trust Fund and the income thereof.
- EACH of my said sons, Robert Cyril Thompson and John Victor Thompson, notwithstanding his being a Trustee of this my Will, may purchase any part or parts of my residuary estate, at any sale or sales thereof, by public auction, or by private contract, provided in the latter case, that the sale shall be conducted by the Trustees or Trustee, for the time being of my Will, other than the Son so purchasing, or be made at a price fixed by a Valuer appointed by such other Trustees or Trustee, and subject as aforesaid, my Trustees may exercise or concur in exercising all powers and discretions hereby or by law given to them notwithstanding that they or any of them, may have a direct or other personal interest in the mode or results of exercising such power or discretion PROVIDED ALWAYS that in the event of both of my said Sons desiring to purchase at the same time any part or parts of my residuary estate, and such sales are made by private contract, the said sales shall be conducted by the Trustees or Trustee for the time being of my Will, other than my said Sons, or if such sales are made at a price fixed by a Valuer, such Valuer shall be appointed by the Trustees or Trustee for the time being of my Will, other than my said Sons PROVIDED ALSO that in the case of a purchase or purchases by either or both of my said Sons of shares, stock Debenture, or Debenture Stock of any Company, in respect of which there shall be no Stock Exchange quotation at the time of sale, the sale or sales, if made within six calendar months after my death, shall be made at a price equal to the value of such shares, stock Debentures or Debenture Stock, as agreed with the Commissioners of Inland Revenue, for purposes of estate duty at my death, and if made more than six calendar months, but not more than three years after my death, shall be made at a price equal to the said last mentioned value adjusted (a) in the case of any such Company whose latest Balance Sheet issued before the time of sale shows an increase in value of it's net liquid assets, as against the value thereof shown in the last Balance Sheet issued prior to my death, by an appropriate increase to cover the increased value of such net liquid assets and (B) in the case of any such Company whose latest Balance Sheet issued before the time of sale shows a decrease in value of it's net liquid assets, as against the value thereof shown in the last Balance Sheet issued prior to my death, by an appropriate decrease to cover the decreased value of such net liquid assets AND I DECLARE that the Trustees or Trustee for the time being of my Will, other than my said Sons shall have full power, in their or his absolute and uncontrolled discretion and without incurring any liability whatsoever in respect of the exercise of such power, to decide the amount of any increase or decrease which it may be necessary to make under the provisions of (a) and (b) above and the decision of such Trustees or Trustee shall be final and binding on all persons interested under this my Will.
- The said Richard Henry Middleton and any other Executor or Trustee for the time being hereof being a Solicitor or other person engaged in any profession or business shall be entitled to charge and be paid all usual professional or other charges for business done by him or his firm in relation to the Trusts hereof or of any Codicil hereto and also all his reasonable charges in addition to disbursements for all other work and business and all time spent by him or his firm in connection with matters arising in the premises including matters which might or should have been attended to in person by an Executor or Trustee not being a Solicitor or other professional person.
- IN this my Will where the context so requires or admits the expression "my Trustees" shall include the Trustees or Trustee for the time being hereof.
IN WITNESS whereof I have to this my Will contained in this and the preceding eleven sheets of paper set my hand this fifteenth day of September, one thousand nine hundred and fifty.
R. N. Thompson
Signed and declared by the testator the said Robert Norman Thompson, as and for his last Will, in the presence of us, both present at the same time, who in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as witnesses:
(unable to read)
(unable to read)
Robert Norman Thompson
Died on 21 October 1951.
£73,819 10s 3d