The Will of Paul Hubert Devas Dessain

I PAUL HUBERT DEVAS DESSAIN of Shaw House, Utkinton, Tarporley, Cheshire, HEREBY REVOKE all testamentary dispositions heretofore made by me AND DECLARE this to be my last Will

I APPOINT my wife Sybil Hester Dessain, Dominic Charles Christopher Thompson, and my son, Giles William Charles Dessain, to be the Executors and Trustees of this my Will.
I GIVE to my wife, free of duty, all my furniture, plate, linen, glass, china, pictures, books, and articles of household or personal use, or ornament, and all other effects and articles of every kind, except money and securities for money, or deeds, or documents of title, if she survives me, or if she dies before me, then I GIVE such articles to such of them my step-son DOMINIC, and my sons GILES, MARK, and SIMON, as survive me, and if more than one, in equal shares.
I DEVISE and BEQUEATH all my share or interest in Shaw House, Utkinton, or any other house in which I may be normally resident at the date of my death (subject to and charged with the proportion of tax attributable thereto) to my wife, if she survives me, or if she dies before me, than to such of my children GILES, MARK, and SIMON as survive me, and if more than one, in equal shares, Provided that if any of them die before me leaving children living at my death who attain the age of TWENTY ONE YEARS, such children shall take, and if more than one, in equal shares, the share which his, her, or their father would have taken under this clause, if he had survived me.
1. 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 my Will, in any manner I thinks proper, either as beneficially entitled thereto, or under any general power (including the statutory power to dispose of entailed property) unto my Trustees Upon Trust, that my Trustees shall sell the said real estate (including chattels Real) and call in, sell, convert into money, such part of my Personal Estate as does not consist of money, with power to postpone such sale, and conversion for such a period as my Trustees, without being liable to account, may think proper, and so that any reversionary interest be not sold until it falls into possession, unless my Trustees see special reason for sale.
2. The Income from my Personal Estate, however invested, shall from my death be treated and applied as income, and no part thereof shall be added to capital, except accumulation of surplus income (if any) during a minority or pending a contingency, Provided that income may be applied in effecting and maintaining a leasehold sinking fund policy or may be set aside and invested for providing a fund to answer liabilities, which in the opinion of my Trustees ought to be borne by income.
1. MY Trustees shall, out of the money to arise from the sale and conversion of my said Real and Personal Estate, and out of my ready money, pay my funeral and testamentary expenses and debts. and all duties payable on my death, in respect of my estate. and shall pay or provide for the legacies hereby, or any Codicil bequeathed.
2. My Trustees shall invest the residue of the said money in their names, or under their control, in or upon any of the investments hereby authorised, with power for my Trustees, at their discretion, to change such investments for others of a like nature.
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 "the Trust Fund")
1. MY TRUSTEES shall hold the Trust Fund upon trust to pay the income to my wife, during her life, and subject thereto upon trust for such of my Sons, Giles, Mark, and Simon, as survive me, and if more than one, in equal shares, Provided that if any of my Sons die before me leaving children living at my death, such children shall take, and if more than one, in equal shares, the share of my Estate which his, her, or their parent would have taken, if he had survived me.
2. Notwithstanding and in derogation of the Trusts aforesaid, my Trustees may from time to time, and at any time appoint the whole, or any part, or parts, of the capital of my Residuary Estate to my wife, free and discharged from the Trusts hereof, but this power shall not be exercisable if and for so long as my wife is the sole trustee of this my Will.
I DECLARE that in the application to the Trusts hereof of the stationary power of maintenance given to Trustees by Section 31 of the Trustee Act 1925, the proviso to sub-section (1) of that Section shall not apply and shall be deemed to be omitted, and that Clause (1) of sub-section (1) of the said section shall be read as if the words "be considered in their uncontrolled opinion by my Trustees to be reasonable" were substituted for the words "be reasonable".
ALL MONIES liable to be received or to be invested under this my Will, may at the discretion of my Trustees be invested in any investment or in the purchase of property of any kind (including the purchase of property intended for the use or occupation of any beneficiary or beneficiaries) irrespective of wheresoever in the world the same may be situate, and of whether or not that same would or would not be authorised by law as an investment for trust monies, and so that without prejudice to the generality of this power, that same shall be deemed expressly to include all or any of the following, namely
1. power to purchase chattels or other non-income producing property.
2. power to lend money to a beneficiary on such terms as the Trustees deem appropriate, irrespective of the fact that such an investment would not be a prudent investment for trust monies and
3. power to expand income or capital at the Trustees discretion in maintaining, repairing, altering, or improving any lands or buildings which or the net proceeds of sale whereof are for the time being, subject to the trusts hereof.
The statutory power of advancement shall be extended so that the Trustees may at any time or times pay or apply any capital monies subject to the trusts hereof, not only for the advancement or benefit, but also for the education, or generally in such manner as they may, in their absolute discretion, think fit for the benefit or advantage of any child or issue of mine, and as if proviso A to sub-section 1 of section 32 of the Trustee Act 1925 had been omitted therefrom.
I DECLARE that no income shall be apportioned on my death, but all income accruing before my death, but paid afterwards, shall belong to the person entitled after my death to the income of the property from which it arose.
MY Trustees may in the extension of the power of appropriation conferred on personal representatives by Section 41 of the Administration of Estates Act 1925, at any time at their discretion appropriate any part of my Residuary Estate in it's then actual condition or state of investments, in or towards satisfaction of any legacy or any share in my Residuary Estate, without the necessity of obtaining the consent of any person.
MY Trustees shall have the following further powers:
1. I DECLARE that any Trustee of this my Will, shall although he or she is such a Trustee, have power to purchase any portion of my Estate by Private Treaty, or Public Auction, and in the case of a sale to such a Trustee by Private Treaty, the price of the purchased property shall be such as may be agreed between the Purchasing Trustee, and my other Trustees, and in default of agreement, the price shall be determined by a valuation by two disinterested persons, one to be nominated by the Purchasing Trustee, and the other to be nominated by the remaining Trustee, or by an umpire, chosen by the two Valuers.
I EXPRESSLY DIRECT that no child, or issue of mine, taking any share or interest under the trusts aforesaid, shall be liable to bring into account, any sum of money, or the value of any property or interest, which I may have already paid or transferred to, or settled upon such child or issue or for his, her or their benefit, or covenanted so to do, or which I may hereafter pay or transfer to, or settle upon such child or issue or for his or her or their benefit or covenant so to do.

IN WITNESS whereof I have hereto set my hand this 28th day of January, One Thousand Nine Hundred and Eighty Two.

P. Dessain

SIGNED by the said PAUL HUBERT DEVAS DESSAIN, in our joint presence, and then by us in his presence:

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