The Will of Robert Cyril Thompson 1907 - 1967 Dated 14 March 1964
(Note: Some Punctuation, Highlighting, and space added for clarity.)
THIS IS THE LAST WILL
of me ROBERT CYRIL THOMPSON
of South Lodge, East Boldon, in the County of Durham, Shipbuilder.
- 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 wife Doreen Hermine, my son Robert Patrick Thompson, and Richard Henry Middleton of Sunderland, in the said county of Durham, Solicitor (hereinafter called "my Trustees") to be the Executors and Trustees hereof.
- I GIVE the following specific legacies, all free of duty:
To my said wife, my gold cigarette case.
To my daughter, Fiona Bridget Hermine Thompson, my gold evening pocket watch, match box and chain.
To my said son, my other cigarette cases, gold watches, guns, and fishing rods.
- I GIVE to my said wife if she shall be living at the expiration of three calendar months after my death, all articles and effects of personal use or adornment not hereby otherwise effectually disposed of (including motor cars, and spare parts and accessories relating thereto, gramophones, radiograms, wireless and television sets) belonging to me at the date of my death, free of duty.
- I GIVE all articles and effects of household or domestic use or ornament (excluding gramophones, radiograms, wireless and television sets hereinbefore separately dealt with) belonging to me at my death (except such thereof as from their trifling value or perishable nature my Trustees shall consider unsuitable to be settled, which excepted articles and effects I give to my said wife absolutely and free of duty) to my Trustees UPON TRUST to permit my said wife to have the use and enjoyment thereof during her life, she keeping the same properly insured against fire, and in good repair and preservation, reasonable wear and tear excepted, and after the death of my said wife, the same shall be held by my Trustees upon, with, and subject to the trusts powers and provisions hereinafter declared concerning my residuary estate, so far as the same are applicable thereto, And I further declare that it shall not be necessary to take an inventory of the said articles and effects so settled as aforesaid, and that my Trustees shall not be concerned to see to the insurance, repair or preservation thereof, or of any of them or be liable for any loss or damage thereto from any cause whatsoever And I also declare that my Trustees may at any time during the lifetime of my said wife, with her consent in writing, sell the whole or any part or parts of the said articles and effects so settled as aforesaid, and apply the net proceeds either in the purchase of other articles and effects of a like nature, or by investing the same in any mode of investment hereinafter authorised, and the articles and effects so purchased, or the investments so made and the income thereof, shall be held upon the same trusts as are hereby declared concerning the said articles and effects, as aforesaid, so far as the same are applicable thereto.
- I GIVE DEVISE BEQUEATH AND APPOINT all the real and personal property whatsoever and wheresoever 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, Except property otherwise disposed of by this my Will or any Codicil hereto unto my Trustees Upon Trust that my Trustees shall (but subject to the provisions of clause 13 hereof) sell, call in, collect and convert into money, the said real and personal property 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 the said real and personal property (other than and except income from any part thereof arising previously to such sale, calling in, collection, and conversion) 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 I declare it is my intention that all such payments shall be discharged out of the capital of the said real and personal property, without recourse to any income therefrom any rule of equity to the contrary not withstanding.
- MY TRUSTEES shall invest the residue of the said moneys (other than, and except as aforesaid) in their names, or under their control, in or upon such stocks, funds, shares, securities, or other investments of whatever nature, and wheresoever and whether involving liability or not, or upon such personal credit, with or without security, as my Trustees may, in their absolute and uncontrolled discretion and without being responsible for loss think fit, and with the like absolute power of varying and transposing such investments from time to time, for or into others of a nature hereby authorised, to the intent that my Trustees shall have the same full and unrestricted powers of investing, and varying, and 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 investments hereinbefore directed to be made or hereby authorised to be retained (including any part of the said real and personal property remaining unsold, not called in, or converted) and the investments for the time being representing the same (hereinafter called "the Trust Fund") and of the income thereof upon the trusts and with and subject to the powers and provisions hereinafter declared of and concerning the same.
- MY TRUSTEES shall pay the income of the Trust Fund to my said wife during her life, and from and
after her death, shall hold one equal third part of the Trust Fund and the income thereof Upon Trust for all or any of my grandchildren or grandchild who shall be living at the death of the survivor of myself and my said wife or born afterwards before any grandchild of mine attains a vested interest under this trust and who attains the age of twenty-one years and if more than one, in equal shares per capita,
and subject thereto my Trustees shall hold the Trust Fund and the income thereof Upon Trust for such of them my said son Robert Patrick Thompson, and my said daughter, Fiona Bridget Hermine Thompson as shall survive me, and if both of them shall survive me in equal shares
PROVIDED ALWAYS that if either or both of them, my said son and my said daughter, shall die in my lifetime and shall leave a child or children living at my death, such last mentioned child or children who attain the age of Twenty-one years shall take, and if more than one, equally between them, the share in the Trust Fund which his, her or their parent would have taken had such parent survived me.
- IF the trusts hereinbefore declared concerning the capital of the Trust Fund shall fail, or determine then, subject to the trusts, powers, and provisions hereinbefore declared and contained, and to the powers hereby, or by law vested in my Trustees concerning the same, and to every or any exercise of such powers, the Trust Fund shall be held upon the trusts following, that is to say -
- If my said wife shall be living at the time of such failure or determination then as to a moiety of the Trust Fund IN TRUST for my said wife absolutely, and as to the other moiety of the Trust Fund (but subject to my said wife's life interest therein) IN TRUST as to one half thereof for all or any the children or child of my sister Mary Joyce Burn who shall be living at my death, and attain the age of Twenty-fife years, if more than one, in equal shares AND as to the remaining half thereof IN TRUST for all or any the children or child of my brother-in-law Derek Scott Allan (my wife's brother) who shall be living at my death and attain the age of Twenty-five years, if more than one, in equal shares.
- If my said wife shall not be living at the time of such failure or determination then as to one half of the Trust Fund IN TRUST for all or any children or child of my sister, the said Mary Joyce Burn, who shall be living at my death, and attain the age of Twenty-fife years, if more than one, in equal shares, and as to the remaining half thereof IN TRUST for all or any the children or child of my brother-in-law the said Derek Scott Allan, who shall be living at my death and attain the age of Twenty-five years, if more than one, in equal shares.
- MY TRUSTEES may apply the whole or any part at their discretion of the income of any share of the Trust Fund to which any person being a minor would, if of the age of Twenty-one years, or as the case may be, Twenty-five Years be for the time being entitled in possession under the trusts hereinbefore contained for or towards his or her maintenance, education, or benefit, and may either themselves so apply the same, or may pay the same to any parent or guardian of such person for the purposes aforesaid without seeing to the application thereof, And shall during such minority accumulate the surplus (if any) of the same income at compound interest by investing the same and the resulting income thereof in any of the investments hereby authorised, for the benefit of the person or persons who shall eventually become entitled to the share of the a Trust Fund from which the same shall have proceeded and may apply the accumulations of any preceding year or years in or towards the maintenance, education or benefit of any such minor as aforesaid for the time being presumptively entitled thereto in the same manner as such accumulations might have been applied had they been income arising from the original share of the Trust Fund in the then current year.
- I EXPRESSLY authorise, empower, and direct my Trustees, in their absolute and uncontrolled discretion, to postpone the sale, calling in, collection, and conversion of the whole or any part or parts of my estate (including property of a terminable, hazardous, or wasting nature) during such period as they shall think fit, and to retain the whole or any part or parts of my estate in its actual form of investment for so long as they shall think fit, and so 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 any loss which may thereby accrue to my estate, AND I declare that my Trustees shall in no way be responsible for any loss pending such sale, calling in, collection and conversion.
- I DIRECT that the income of such of my estate as for the time being shall remain unsold, not called in, collected, or converted (including the income of property whereof the proceeds of sale, calling in, collection , or conversion are subsequently required or used for making the payments directed in clause 7 hereof) shall as well, during the first year after my death, as afterwards be applied for all the purposes of this my Will and as between all persons interested hereunder as if the same were income of the Trust Fund, but nevertheless that no reversionary or other property not actually producing income shall be treated as producing income for the purposes of this my Will AND I declare that any capital, profits, dividends, and other sums which are received by the Trustees but which are not assessable to income tax in their hands, and also gains which are assessable to income tax under Case VII of Schedule D of the Income Tax Act of 1952 shall not be, and shall not be treated, as income, but shall be, and shall be treated as capital of my estate.
- MY TRUSTEES may exercise the powers of appropriation conferred on personal representatives by Section 41 of the Administration of Estates Act 1925 without the necessity of obtaining any consent thereby made requisite.
- 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 result of exercising any such power or discretion but any of my Trustees may nevertheless abstain from acting except as merely formal party in any matter in which he may be so personally interested and may allow his co-trustees or co-trustee to act alone in the exercise of the powers and discretions aforesaid in relation to such matter and I declare that upon any sale or any part or parts of my estate no objection shall be raised to any Trustee (not being a sole Trustee) purchasing the same at a price determined by my Trustees other than such Trustee so purchasing, And I also declare that no Trustee hereof who may be a Director of, or interested in, any Company in which I am, or my estate is , interested shall thereby be prevented from exercising all or any of the powers, authorities, and discretions vested in a Trustee of my Will or be accountable to my estate for or in respect of any profit or advantage which he or she may derive from any such directorship or interest.
- 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 and other charges for all business done by him or his firm in connection with the administration of my estate or in relation to the trusts hereof whether in the ordinary course of his profession or business or not and including acts which an executor or trustee not being engaged in any profession or business could have done personally.
- THE power of appointing a new Trustee or new Trustees hereof shall be vested in my said wife during her life.
- 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.
whereof I have to this my Will contained in this and the preceding six sheets of paper, set my hand this Fourteenth day of March one thousand nine hundred and sixty-four.
R. C. Thompson
SIGNED AND DECLARED
by the Testator, the said ROBERT CYRIL 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:
H. W. Snowball, Solicitor, Sunderland
M. Lindsley, Solicitor, Sunderland
On the 31st day of August 1967, Probate of this will was granted at Durham to Doreen Hermine Thompson of South Lodge, East Boldon, County Durham, widow, relict of deceased, Robert Patrick Thompson, of Northfield House, East Boldon, Shipbuilder, son of deceased, and Richard Henry Middleton, of 52 John Street, Sunderland, County Durham, Solicitor, the executors named in the said will.
Robert Cyril Thompson C. B. E., of South Lodge, East Boldon, County Durham,
died there, on the 9th day of March 1967
£94,220 19s 0d