For the descendents of Richard Dearie and his son John Russell

Henry Wells Smart's Will


Be it known that Henry Wells Smart of Hillside, Shepherds Hill Highgate in the County of Middlesex died on 29 day of July 1912 at Fitzroy House Fitzroy Square in the said County. And be it further known that at the date hereunder written the last will and testament of the said deceased was proved and registered in the Principal Probate Registry of her 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 at the aforesaid Court to Elizabeth Turner Smart of Hillside aforesaid widow of the Relict and Frances Augustus Smart of 11, Cranley Gardens Muswell Hill in the said County Bank Clerk a son The Executors named in the said Will. Dated 24th day of August 1912 Gross value of estate £18944.8.7 Net value of estate £14026 .16. 6. Resworn £ 19101-18-7.

I HENRY WELLS SMART of Hillside Shepherds Hill Highgate in the county of Middlesex hereby revoke all testamentary dispositions heretofore made by me and declare this to be my last will 1, I appoint my wife Elizabeth Turner Smart and my son Francis Augustus Smart to 
be the EXECUTORS and TRUSTEES of this my will and they or the survivor of them or
 other the trustees or trustee for the time being hereof are hereinafter called my 
trustees 2. I bequeath to my said wife absolutely all the plate linen china glass books -
pictures prints furniture and articles of household use or ornament wines liquors -
and consumable stores and other articles and effects of every kind which at my death
 shall be in or about my dwelling house except money or securities for money And I -also bequeath to her the sum of two hundred pounds free of legacy duty to be paid to her immediately after my death 3. I devise and bequeath all the real and personal estate not hereby or by any -
codicil otherwise specifically disposed of and which I can dispose of by will in any 
manner I think proper either as beneficially entitled thereto or under any general 
power unto my trustees Upon trust that my trustees shall either retain the same in 
their existing state of investment or shall sell call in and 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 period as my trustees 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 And I direct that my trustees shall out of the proceeds of
 such sale and conversion and out of my ready money pay my funeral and testamentary
 expenses and debts and shall also pay or provide for the legacies and annuities -
hereby or by any codicil hereto bequeathed but so that all Legacies and annuities -
shall be paid primarily out of my personal estate and shall invest the residue of the
 said money in their or his or her names in manner hereinafter authorised 4, And I declare that my trustees shall stand possessed of the investments herein
 before directed to be made or authorised to be retained (hereinafter called the -
trust fund) and of the annual income thereof upon trust to pay the said income to my
 said wife during her life and after her death then I direct that the capital and
 income of the trust funds shall be held in trust to pay the following pecuniary
 legacies free of duty videlicet My trustees shall retain the sum of three thousand
 three hundred pounds upon the trusts hereinafter declared and shall pay To each of 
my sons Francis Augustus David Arthur John Sidney and Eric Edward the sum of seven 
hundred pounds To my sisters in law Catherine Frances King and Ellen King wife of -
Edward King now residing at St Albans should they survive my said wife two hundred
 and fifty pounds each To the London Orphan Asylum at Watford The Infant Orphan Asylum
 at Wanstead To The Hospital for Sick Children Great Ormond Street and to "Doctor -
Barnardos Homes one hundred and fifty pounds each and I direct that the receipts of
 the treasurers of the respective societies hereinbefore named are to be sufficient
 discharges therefore 5. I direct my trustees to hold the said sum of three thousand three hundred -pounds upon the trusts following that is to say To invest the same in any of the -investments hereinafter authorised and upon trust to pay the income thereof to my daughter Nellie Fox the wife of Robert Frederick Fox during her life for her separate use without power of anticipation and after her death then as to capital and income Upon trust for the child or children of my said daughter Nellie Fox who being sons or a son attain the age of twenty one years or being daughters or a daughter attain that age or marry and if more than one in equal shares and if there be no child of my said daughter who attains a vested interest in the said sum and income thereof -then my trustees are to hold the said trust fund in trust for my other children - absolutely in equal shares And subject to the payment of the said sum of three thousand three hundred pounds and the said legacies I direct that my trustees shall stand possessed of the said trust fund In trust for the following persons equally -namely My six children Francis Augustus David Arthur John Sidney Eric Edward the said Nellie Fox and my granddaughters Gertrude Fox and Katherine Smart who being males -attain the age of twenty one or being females attain that age or marry but so that if any of such persons shall die in my lifetime leaving issue living at my death -such issue shall take through all degrees according to their stocks in equal shares the share or shares which their parent would have taken and so that no issue shall take whose parent is living at my death and capable of taking 6. I declare that the income of my personal estate however invested shall from my death be treated and applied as income and no part thereof is to be added to capital except accumulations of surplus income if any during a minority and that until a sale of the said real estate my trustees shall allow my said wife to occupy my leasehold house Hillside aforesaid with its appurtenances she paying the rent and performing the covenants in the lease during such occupation and shall not sell the same during her life without her consent in writing and may lease the same for any term not exceeding twenty one years at the best rent to be reasonably obtained without taking a fine And that the rents and profits of the said real estate or of so much thereof as for the time being remains unsold shall after payment thereout of all rates taxes costs of insurance repairs and other outgoings be paid or applied in like manner as the income of the produce thereof I declare that any moneys liable to be invested -under this my will may be invested in any investments which by or pursuant to any -public general act of Parliament for the time being in force are authorised as investments for trust money and with power with such consent or at such discretion as aforesaid to charge any such investments for others of a like nature • IN WITNESS whereof I have hereunto set my hand this eighth day of July one -thousand nine hundred and ten - H W SMART - Signed and declared by the -above named Henry Wells Smart the testator 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 HENRY A WHATELY 44 Lincolns Inn Fields Solr - JAMES V BRIGGS his clerk On the 24th day of August 1912 Probate of this will was granted to -Elizabeth Turner Smart and Francis Augustus Smart the Executors.