Dearie:Russell Family History

John Mossop's Will

BE IT KNOWN that John Mossop of Lincoln Lodge Wealdstone in the County of Middlesex formerly of Strathdene 129 West End Lane Hampstead in the said County died on the 16th day of May 1907 at Lincoln Lodge aforesaid. AND BE IT FURTHER KNOWN that at the date hereunder written the last Will and Testament with three codicils of the said deceased was proved and registered in the Principal Probate Registry of His Majesty’s High Court of Justice, and that administration of all the estate which by law devolves to and vests in the personal representative of the said deceased was granted by the aforesaid Court to Henry Mossop of 11 Lincolns Inn Fields in the said County solicitor the son the executor named in the said will and Charles Mossop of 5 Peterborough Road Harrow in the said County bank clerk and Walter Mossop of 52 Queen Victoria Street in the City of London electrical engineer the sons also named in the executors first codicil. ? £ 7376. 15. 7 ? £ 8003. 15. ? and £ 8639. 15 6 Dated the ? day of ? 190? Gross value of Estate … £ 7290. 8. 7 Net value of Personal Estate £ 2570. 10. 0

JOHN MOSSOP of Strathdene 129 West End Lane Hampstead Middlesex Bank Manager revoke all testamentary dispositions by me heretofore made and declare this to be my last will I appoint my sons John Mossop and Henry Mossop to be the EXECUTORS and TRUSTEES of this my will I give to my wife Elizabeth Mossop all my household furniture musical instruments plate plated articles linen china glass wearing apparel clocks and watches with chains and appendages my pencil cases rings and seals jewellery books pictures prints wines consumable stores and other household effects of ornament or use not otherwise disposed of by this my will or any codicil hereto I give to my said wife a legacy of fifty pounds to be paid within one month after my death I give to my daughter Lily Louisa Mossop the sum of six hundred pounds I devise to my trustees all the estate and interest to which under the will of my late mother I am or may be entitled in reversion expectant on the death of my brother in law George Skelton in the cottages and farm and two pieces of land in the Sutton Bridge Road on Sutton Common Lincolnshire containing ten acres and three perches No 117 on the Award Map and a parcel of land in the Hundred Road also on Sutton Common aforesaid containing fifteen acres three roods and six perches forming the Southern part of No 199 on the said Map by the will of my said Mother devised upon trust for my sister Amelia Victoria Skelton for life upon trust that my trustees shall when the same shall fall into possession or at any time previously thereto if my trustees shall for any reason in their absolute discretion deem it expedient so to do sell the same and shall hold the net proceeds of such sale in trust for all or any my children or child living at my death and the children or child then living of any then deceased child of mine who being male shall have attained or shall attain the age of twenty-one years or being female shall have attained or shall attain that age or shall have married or shall marry and if more than one in equal shares but so that the children if more than one of any deceased child of mine shall take equally between them only the share which their parent would have taken had he or she survived me and attained a vested interest I devise and bequeath all my real and personal estate not otherwise disposed of by this my will or any codicil hereto (except copyhold hereditaments) unto and to the use of my trustees upon the trusts hereinafter declared concerning the same I devise all my copyhold hereditaments to the use of such person or persons and in such manner as my trustees shall by any deed or deeds for the purpose of carrying into effect any sale made under the trust hereinafter in that behalf declared appoint and in default of and until such appointment I give and devise the same unto and to the use of my trustees and I declare that my trustees shall sell call in collect or otherwise convert into money such parts of the said real and personal estate not hereinbefore otherwise disposed of (including copyhold hereditaments) hereinbefore devised and bequeathed as shall not consist of ready money and shall out of the moneys to arise from such sale calling in collection and conversion and the ready money of which I shall be possessed at my death pay my funeral and testamentary expenses and debts and the pecuniary legacies bequeathed by this my will or any codicil hereto and shall invest in their names the residue of the said monies and shall hold the said residuary monies and the investments for the time being representing the same (which residuary monies and investments are herinafter included in the expression “the said trust fund”) upon trust to pay the income of the said trust fund to my said wife for her life for her own maintenance and benefit and the maintenance and benefit of such of my daughters as shall not have been married and from and after the death of my said wife my trustees shall hold the said trust fund and the income thereof in trust for all or any my children or child living at the death of my said wife and the children or child then living of any then deceased child of mine who being male shall have attained or shall attain the age of twenty-one years or being female shall have attained or shall attain that age or shall have married or shall marry under that age and if more than one in equal shares but so that the children if more than one of any then deceased child of mine shall be entitled equally between them only to the share which their parent would have taken had such parent been living at the time of the death of my said wife and attained a vested interest and I declare that my trustees may postpone the sale calling in collection or conversion of all or any part of my real or personal estate for such time as they my trustees shall think fit and without liability for any depreciation which may result therefrom and may retain so long as they think fit and investments held by me at the time of my death but any unsold real estate shall from my death be considered as converted in equity and be transmissible as personal estate and I declare that my trustees may mange let or demise all or any part of my estate for the time being vested in them upon subsisting trusts for the purpose of occupation or building repairing or improving or otherwise for any term or terms of years in possession or reversion and either with or without taking any fine or premium and for such consideration and subject to such stipulations as my trustees shall think fit but so that all monies received by way of fine or premium shall be held and applied as if they had arisen from a sale and may make out of the income or capital of such estate any outlay they may consider proper for improvements repairs insurance calls on shares or otherwise for the benefit or in respect of such estate and that all income produced by any part of my real and personal estate whether consisting of authorised or unauthorised investments and whether of a permanent or wasting character shall as well during the first year after my death as at all times afterwards be applicable as income under the trusts of this my will but no property not actually producing income shall be treated as producing income or entitling any person to the receipt of income and in addition and without prejudice to the general powers hereinbefore given to my trustees I hereby declare that with regard to the partnership at present subsisting between the said George Skelton and myself and such part of my real or personal estate as at my death may be used for the purposes of or engaged in such business my trustees shall have full power to continue such business in partnership with the said George Skelton in the same manner as I could if living have continued the same and may without incurring any liability for any loss thereby incurred permit such part of my real and personal estate to be used for the purposes of or engaged in such business for such period as they may think fit and generally may act with respect to the said business and such part of my real and personal estate in the same manner in all respects as if they were absolute and not merely fiduciary owners thereof and may if they shall think fit enter into a new partnership arrangement with the said George Skelton for such period and upon such terms as they may in their absolute discretion think fit and all profits receivable by my trustees in respect of the said business shall be applicable as if the same were income of the said trust fund and if my trustees shall not desire to continue such business they may sell my shares and interest therein and all or any part of my estate used for the purposes thereof either to the said George Skelton or to any other person or persons upon such terms in all respects as they may think equitable and may permit all or any part of the purchase money payable in respect thereof to be paid by such instalments as they shall consider reasonable without taking any security for the payment thereof and I declare that in addition to any other mode of investment authorised by law (or by this my will) for the investment of the trust funds my trustees may invest all monies forming part of my estate and requiring investment upon the public stocks funds or securities of any Colony or Dependency of the United Kingdom or upon purchase of real estate whereon are secured ground rents not exceeding at the time of such purchase one fifth of the rack rental value of the premises or upon mortgage or leasehold hereditaments in England having a term of at least eighty five years unexpired to the extent of two thirds of the value thereof or in the Debentures or Debenture Stock or Preference stock or shares of any railway or water company or any gas or electric light company in England paying at the time of investment a dividend of at least two per cent upon its ordinary shares or stock and my trustees shall have power from time to time to vary all or any of the investments of my estate for the time being into or for others or another of the kind authorised by law or by this clause of my will and I declare that my trustees shall be trustees for the purposes of The Settled Land act 1882 of the Settlement created by this my will and that they may during the life of my said wife with her consent in writing and after her decease and during the minority of any person interested under the trusts aforesaid at the discretion of my trustees exercise in respect of all or any part or parts of my estate vested in them upon any trust or trusts all such powers as a tenant for life thereof might exercise under the same Act and all moneys which shall arise from the exercise of any such power and which if the same had been exercised by such tenant for life would be capital money within the meaning of the said Act shall be held and applied upon and for the same trusts and purposes and with and subject to the same powers and provisions as would under the same act be applicable to such capital money and that any executor or trustee of this my will being a solicitor shall be entitled to make and receive all such charges and emoluments for business whether of an ordinary professional or any other character ( including business which a trustee not being in such profession or business could have done personally) done by him in relation to the administration of my estate or the execution of the trusts of this my will or any codicil hereto as he would have been entitled to make and receive in respect of such business if he have not been an executor or trustee and I declare that the expression “my trustees” herein occurring shall include and that all powers and discretions hereby or by any codicil hereto or by law vested in my trustees shall be exerciseable by my said sons John and Henry Mossop and the survivor of them and the executors or administrators of such survivor or other the trustees or trustee for the time being of this my will IN WITNESS whereof I have hereunto set my hand this twenty second day of February one thousand eight hundred and ninety nine – J. MOSSOP – SIGNED by the testator in our joint presence and attested by us jointly in his presence – WILLIAM H MAYNE – JAMES SILCOX Clerks to Messrs. Corsellis Mossop and Berney Solicitors 1 Quality Court Chancery Lane W C –

THIS IS A CODICIL to the above written will of me JOHN MOSSOP whereas my above named son John Mossop has left England and gone to reside abroad now I hereby revoke the appointment of my said son John Mossop as one of the executors and trustees of my said will and in lieu thereof I appoint my sons Charles and Walter jointly with my above named son Henry to be the EXECUTORS and TRUSTEES of my will and in all other respects I confirm my said will IN WITNESS whereof I have hereunto set my hand this thirtieth day of April one thousand nine hundred – J. MOSSOP – SIGNED by the above named John Mossop the testator in our joint presence and attested by us jointly in his presence – WILLIAM H MAYNE – JAMES WILCOX Clerks to Messrs. Corsellis Mossop and Berney Solicitors 1 Quality Court Chancery Lane W C – I JOHN MOSSOP of Strathdene 129 West End Lane Hampstead in the County of Middlesex Bank Manager hereby declare this to be a second codicil to my will which bears date the twenty second day of February one thousand eight hundred and ninety nine whereas I am desirous of making certain alterations in my said will respecting the share or interest which my son Samuel Septimus will take thereunder if he shall survive me now I hereby declare and my will is that if my son Samuel Septimus shall survive me the trustees for the time being of my said will (hereinafter referred to as “my trustees”) shall retain his share of and in the property to which I am entitled under the will of my mother and which is specifically devised by my said will and his share of and in my residuary estate (referred to in my said will as “the said trust funds”) and shall hold the same upon the trusts following (that is to say) upon trust to invest the same at their discretion in any of the investments authorised by my said will with power from time to time to vary such investments at discretion and upon further trust that my trustees shall in their absolute discretion from time to time during the life of the said Samuel Septimus Mossop or during such shorter period or periods wither continuous or discontinuous as they shall think fit pay all or any part of the income arising from the same and the investments thereof of if they shall from time to time think fit any part of the capital thereof unto or apply the same for the maintenance and personal support or benefit of all or any one or more to the exclusion of the other or others of the following persons namely the said Samuel Septimus Mossop and his wife (if any) and his children or remoter issue for the time being in existence whether minors or adults in such proportions and manner as my trustees shall in their absolute and uncontrolled discretion from time to time think proper and so that they shall have full power at any time and from time to time entirely to withhold and cease the payment or application of the said income to or for the benefit of the said Samuel Septimus Mossop or his wife or his issue as aforesaid and subject to the discretionary trust or power lastly hereinbefore contained shall hold the said income or so much thereof as shall not be applied under such discretionary trust or power as part of my residuary estate and after the death of the said Samuel Septimus Mossop shall pay the said income or such part thereof as shall remain undisposed of to his widow (if any) during her life for her separate use and so that she shall not have power to charge or dispose of such life interest during the life of the said Samuel Septimus Mossop or afterwards by way of anticipation and after the death of such widow if any) upon trust for all or any the children or child of the said Samuel Septimus Mossop if more than one in equal shares and in the event of the failure or determination of the trusts hereinbefore declared I declare that the said share or shares of my son so retained as aforesaid shall sink into and form part of my residuary estate and I declare that my said will shall operate and take effect as if the alterations hereby made had originally been inserted therein and in all other respects I confirm my said will as hereinbefore and by the first codicil thereto altered IN WITNESS whereof I have hereunto set my hand this ninth day of November one thousand nine hundred and four – J. MOSSOP – SIGNED by the testator as a second codicil to his said will in our joint presence and attested by us jointly in his presence – T H GRIFFITHS Cashier London & South Western Bank St Johns Wood – H C ELPHICK Clerk London & South Western Bank St Johns Wood

2nd April 1907 CODICIL to my will I direct my executors to make no division or provision for any of my children until after the decease of my wife in all other respects I wish the will to stand – J MOSSOP –Witnesses to the signature of John Mossop who were both present and who signed in the presence of each other – ALICE YORKE (neice) 47, Linden Gardens Chiswick – FLORENCE HOWES Spinster Lincoln Lodge Wealdstone – Affidavit of due execution filed

ON the 4th day of July 1907 Probate of this will and three codicils was granted to Henry Mossop and Charles Mossop and Walter Mossop the executors.