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Will
made 9th March 1857.
This
is the last will and testament of one James Haigh of Middleton in
the County of Lancaster, coal proprietor.
I
direct all my just debts and funeral and testamentary expenses to
be first paid out of my personal estate and charge my real estate
with the payment thereof and I empower the trustees and trustee
for the time being of this my will to raise by sale, on mortgage
of my real estate, or any part or parts thereof, any sum or sums
of money, for the payment of such.of the said debts and funeral
and testamentary expenses as my personal estate shall be insufficient
to satisfy.
I
devise and bequeath all estates vested in me as trustee or mortgagee,
unto John Wild of Dean Cottage near Rochdale in the said county,
cotton spinner, and John Collinge of Habergham Eaves in the said
county, coal proprietor, their heirs, executors, administrators
and assigns respectively upon the trusts and subject to the equities
affecting the ???? respectively.
I
bequeath to my brother Reuben Haigh, the portrait of my father
I
devise and bequeath and in exercise of every power of testamentary
appointment, I appoint all my lands, mills, collieries, partnership,
property and all other my real and personal estates and effects,
whatsoever and wheresoever, not hereinbefore devised or bequeathed
(and which are hereinafter referred to as my real estate), unto
and for the use of my wife Ann and the said John Wild and John Collinge,
their heirs, executors, administrators and assigns, according to
the nature and tenure thereof respectively.
Upon
the trusts hereinafter declared I empower the trustees and trustee
for the time being of this my will, in their and his own absolute
discretion to conduct, continue and carry on during the lives of
my said wife Ann and my daughter Jane Ann now residing with me,
and the life of the survivor of them all, the several trades and
businesses in which I shall be engaged at the time of my decease,
either alone or in partnership with any other person or persons,
or such the same trades and businesses as the said trustees and
trustee shall deem advantageous and from time to time to enter into
such ???? purchases, sales and engagements in the management and
conducting of the said trades and businesses as to the said trustees
and trustee shall seem fit and from time to time to accept and ????
in accepting any leases or renewed leases of any coal mines, lands
or other property, with power to defray, and of my trust estate,
the whole, or any part of the fines and expenses incident in obtaining
of any such leases or renewed leases, and from time to time to enter
into, do and perform all such contracts, engagements and deeds and
things as shall be necessary for carrying on the said trades and
business with advantage to my trust estate.
And
I empower the said trustees and trustee to employ and part of the
capital and income of my trust estate for any of the purposes of
the said trades and business and from time to time increase or reduce
the capital employed in each trade and business, as the said trustees
and trustee shall deem requisite and from time to time to carry
on the said trades and business either alone or in partnership with
any other person or persons, and from time to time to enter and
concur in entering into any arrangements consequent on the retirement
or death of any member or members of and the admission of any other
person or persons into the partnership.
And
from time to time to discontinue the carrying on of any such trade
and business and again to carry on the same if thought desirable.
And generally I give the said trustees and trustee the widest powers
and directions with respect to the said trades and business.
I
declare that the said trustees and trustee shall be seized and possessed
of and interested in my trust estate and the net yearly income thereof,
including in the same yearly income, the net yearly profits arising
from the said trades and business.
I
give the trusts following, that is to say upon trust during the
life of my said wife and so long as she shall continue my widow,
to pay to her the same yearly income when and as the same shall
be received by the said trustees and trustee, but if she shall marry
again then upon trust during her like, out of the same yearly income,
to pay to her clear annuity of forty pou8nds by equal quarterly
payments, with a proportional part in the event of her decease during
any current quarter, the first quarterly payment of the said annuity
to become payable at the end of three calendar months next after
her second marriage.
And
after the decease or second marriage of my wife, which shall first
happen.
Upon
trust during the life of my said daughter Jane Ann Haigh, until
she shall attain her age of thirty years, out of the same yearly
income, to pay to her, for her sole and separate use, exclusive
of any husband with whom she may marry, and without power of anticipation,
a clear annuity of one hundred and fifty pounds by equal quarterly
payments, but without any proportional part, in the event of her
decease during any current quarter. The first quarterly payment
to become payable at the end of three calendar months after the
decease or second marriage of my said wife, as the case may be.
And
upon further trust during the life of my said daughter, until she
(now of the age of fourteen years or thereabouts), shall attain
her age of thirty years, to accumulate by way of compound interest
?? of the same yearly income.
After
satisfying the said annuities, such accumulations and the investments
thereof, to be added to and form part of the capital of my trust
estate and be held accordingly by the said trustees and trustee.
Upon
the trusts and subject to the several powers and provisions of my
will respectively hereinbefore and hereinafter delivered and contained
of, and concerning my trust estate, and I declare that subject to
the trust aforesaid, the said trustees and trustee shall be seized
and possessed of and interested in my said trust estate, from and
after the decease or second marriage of my said wife and my said
daughter attaining her age of thirty years, if she shall so long
live, upon trust during the life of my said daughter to receive
the yearly income thereof and to pay the same when and as the same
shall be received unto the proper hands during her life for her
sole and separate use, preclusive of any husband with whom she may
marry, and without power of anticipation.
And
from and after the decease or second marriage of my said wife, and
the decease of my said daughter, then as to such parts of my trust
estate as shall at the time of my decease be freehold, upon trust
for the first son of my said daughter, who shall attain his age
of twenty one years, and his heirs and assigns for ever, and to
convey and assure the same accordingly.
And
as to all the other parts of my trust estate whether real or personal,
as shall not at the time of my decease be freehold, but if my said
daughter shall have no son, or son who shall live to attain his
age of twenty one years, then as to the whole of my trust estate,
whether real or personal, inclusive of the freehold parts, hereinbefore
devised upon trusts for the benefit of the first son of my said
daughter, upon trust to receive, call in, collect, sell and otherwise
convert into money, my trust estate and to make such sales either
together or in parcels and either by public auction or private contract,
and subject to any ordinary or special conditions of sale and generally
in such manner in all respects as the said trustees and trustee
shall think fit, with liberty, to buy in at auctions and to vary
or recind either on terms or gratuitously any contract for sale,
and to resell without liability for consequent loss and to do and
execute all such acts and assurances for carrying such receipt,
calling in, collection, sale and conversion into effect as the said
trustees and trustee shall think fit.
And
as to the monies to arise therefrom and all other my trust estate
and the proceeds thereof, upon trust for the child of my said daughter
if only one or if more than one, for all the children of my said
daughter in equal shares as tenants in common.
But
if any one or more of such children shall died under the age of
twenty one years, without leaving lawful issue at the time of his,
her or their respective decease, then as to the share or shares
whether original or accruing, of him, her or them so dying as aforesaid,
upon trust for the other. If
only one, or if more that one, for all the others of such children,
in equal shares as tenants in common.
But
if my said daughter shall have no child, or if all the children
of my said daughter shall die under the age of twenty one years,
without lawful issue aforesaid, then as to the whole of the said
trust monies, estate and proceeds, upon trust for such of my nephews
and nieces, the children of my brothers and sisters, except the
children of my said brother Reuben and except my niece Betty Pickup,
who shall be living at the period of distribution, and the child
and children then living of such nephews and nieces (except as aforesaid)
who shall be then dead. Such nephews, nieces and children to take
receipt as hereinafter provided in equal shares, as tenants in common.
Yet
so that the child or children of any deceased nephew or niece shall
take the share only which his, her or their parent, if living at
such period of distribution, would have taken under the trusts aforesaid,
and if more than one, in equal shares between themselves as tenants
in common.
And
so that the share to which my nieces, Hannah, the wife of Robert
Steeple and Betsy, the wife of Samuel Richardson, respectively and
their respective children, shall be entitled under the trusts aforesaid,
shall exceed by the sum of One Hundred pounds, the share of my other
nephews and nieces respectively objects of the trusts aforesaid
and their respective children.
I
empower the said trustees and trustee after the decease of my said
wife and while my said daughter shall be under the age of twenty
one years, and ???? to the maintenance, education and advancement
of my said daughter, the annuity of one hundred and fifty pounds
hereinbefore decided, to be paid to her.
I
empower my said trustees and trustee at any tome or times after
the decease of the survivor of my said wife and daughter, to apply
the whole or such part as the said trustees and trustee shall think
fit, of the yearly income of the share or shares to which any minor
shall for the time being be entitled under the trusts hereinbefore
declares for or towards his or her maintenance, education and advancement,
either directly or to his or her guardian or guardians, without
seeing to the application thereof or requiring any account of the
same, and the yearly income of any share or shares not so applied
as aforesaid, shall be added to the principal of the same share
or shares and accumulated at compound interest, yet so that the
savings and increase of preceding years may be applied as aforesaid
in successive years.
And
I empower the said trustees and trustee at any time or times with
the consent in writing of my said wife and daughter and the survivor
of them during their and her lives and life, and after the decease
of such survivor, in the discretion of the said trustees and trustee
to ?? any part or parts of the capital of the share or shares to
which any minor shall for the time being be entitled under the trusts
hereinbefore declared and exceeding in the whole for any such minor,
one half part of his or her their share or shares and to apply the
same for his or her advancement or benefit. Provided
always that in the event of the second marriage of my said wife,
her consent shall not thereafter be necessary for the exercise of
the preceding power.
Provided
also that until failure of the trusts hereinbefore declared in favour
of the children of my said daughter, no minor being a nephew or
niece, or the child of a nephew or niece shall be entitled to any
benefit under the preceding powers, or either of them for his or
her maintenance, education or advancement.
I
empower the said trustees and trustee from time to time to call
in and convert into money, any part or parts of my trust estate
and to permit any part or parts of my trust estate to remain so
long as they and he think fit in the state of investment in which
the same shall be at the time of my decease and whether or not the
investments be such as by this my will authorized.
And
I empower the said trustees and trustee in their and his own discretion
from time to time to invest any trust monies coming to their and
his hands by virtue of this my will, in their and his names and
name in any of the public stocks or funds of Great Britain, or at
interest upon any Government or Parliamentary securities, or in
or upon the security of any freehold, copyhold or leasehold estates,
or in or upon the mortgages, bonds or debentures of any Railway
Company in Great Britain, incorporated by act of parliament and
from time to time in the like discretion, for any such stocks, funds
and securities for others of a like nature.
And
from time to time in the like discretion to invest any such moneys
in the purchase of any freehold, copyhold or leasehold lands, tenements
and hereditaments, and to purchase the same respectively under any
ordinary or special conditions of sale, and stocks, funds, securities,
lands, tenements and hereditaments, to be holden by the said trustees
and trustee.
Upon
the trusts and subject to the powers and provisions of this my will
declared and contained of and concerning the part or parts of my
trust estate which or the produce whereof shall have been invested
in or upon the same.
I
empower the said trustees and trustee from time to time to make
and recover? in making leases for any purpose whatsoever of any
real estate for the time being subject to the trusts of this my
will, for any term of years and exceeding twenty one years, and
also from time to time to make and ??? in making leases for mining,
building, improving or repairing purposes of any lands, coal mines
or other real estate for the time being, subject to the trusts of
this my will for such terms, not exceeding for mining purposes,
sixty years, or for building improving or repairing purposes, nine
hundred and ninety years, and for such yearly considerations, by
way of royalties and rents or either of them, and upon such terms
and conditions as to the said trustees and trustee shall seem expedient,
nevertheless so as such leases respectively be made to take effect
in possession and without taking anything in the nature of a fine
or foregift, and to contain sufficient powers of distress and surety
for payment, performance and observance of the royalties, rents,
covenants and in possession and without taking anything in the nature
of a fine of foregift, and to contain sufficient powers of distress
and surety for securing payment performance and observance of the
royalties, rents, covenants and provisos, and so as counterparts
thereof respectively be executed by the losses.
I
empower the said trustees and trustee from time to time to make
partition of any real estate for the time being subject to the trusts
of this my will, and where any undivided share or shares of any
real estate if for the time being subject of this my will, to concur
with any other person or persons interested in the other undivided
share or shares thereof in making partition thereof and to accept
reasonable specific portion in lieu of such undivided share or shares
and to give or receive any moneys by way of .. of partition. And
also to exchange any real estate for the time being subject to the
trusts of this my will for any other real estate and to give or
receive any moneys by way of ... of exchange.
I
empower the said trustees and trustee in their absolute discretion
at any time or times as they think desirable, to win up the said
trades and businesses and to collect the accounts relating thereto
or to any other part of my trust estate and also upon such evidence
as they and he think sufficient to pay, recompense/, enforce, waver,
accept or give security for or give time without taking any security
for, or refer to arbitration any debts or demands whatsoever owing
to, or from, or made upon or against or on behalf of my trust estate
and whether or not relating to the said trades and businesses, or
any of them and whether such debts and demands be legally enforceable
or not.
I
declare that every receipt which shall be given by the acting trustees
and trustee for the time being of this my will, for any moneys and
effects to be paid or delivered to them or him, by virtue of this
my will, shall be legal and conclusive discharge for the person
and persons paying or delivering the same and effectually exonerate
him and them from seeing to the application or dispersion? of the
monies and effects therein mentioned and from all liability in respect
thereof.
Provided
always that in case my said wife and the said John Wild and John
Collinge, or any of them or any trustees or trustee to be appointed
under this provision, shall die, either in my lifetime or after
my decease, or be desirous to be discharged or decline, refuse or
become incapable to act in the trusts or powers of this my will,
then and in every such case, I empower the acting trustees and trustee
for the time being of this my will, or the last acting trustee or
his or her proving executors or executor, or his or her administrators
or administrator in their and his and her direction by deed, to
appoint some fit person or persons to supply the place of such deceased
or retiring trustees or trustee.
And
upon every such appointment the trust estate whatsoever vested in
such deceased or retiring trustees or trustee, shall be conveyed,
assigned and transferred so as to vest in such new trustees or trustee,
solely or jointly with the surviving or continuing trustees or trustee,
as the case may require and every such new trustee shall either
before or after the said trust estate shall have become so vested
, the same powers, authorities and discretions as if he had been
originally appointed a trustee by this my will.
Provided
also and I hereby direct that if my said wife shall marry again,
she shall therefrom become and be deemed to be, within the meaning
of the preceding power incapable to act in the trusts or powers
of this my will, and shall cease to act in the trusteeship and ...
thereof, accordingly and that as soon as conveniently may be after
such second marriage, the trust estate whatsoever vested in her,
as such trustee or executor shall be conveyed, assigned and transferred
so as to vest in a new trustee to be appointed in her place under
the preceding power either solely or jointly with the other continuing
trustees or trustee as the case may require.
Provided
also, and I hereby direct that if my said daughter shall live to
attain the age of twenty one years and shall within six calendar
months thereafter, notify in writing to the then trustees or trustee,
of this my will, her desire to be appointed a trustee, she shall
therefrom or within a reasonable time thereafter and whether or
not there be a vacancy, be appointed a trustee of this my will accordingly
and upon such appointment the trust estate shall be conveyed, assigned
and transferred in title .. as is hereinafter directed on the appointment
of a new trustee or trustees.
Provided
also that the trustees for the time being of this my will, respectively
and their respective heirs, executors, administrators and assigns
shall be charged only with such moneys as they respectively shall
actually receive notwithstanding their respectively joining in any
receipt or other act for conformity and that no one of them shall
be answerable for any other of them or for any Banker, Broker or
other person in whose hands any part of my trust estate shall be
placed, nor any one of them for any loss, damage or expenses which
may happen to my trust estate, in or in relation to the execution
or ... execution of any of the trust powers and provisions of this
my will, in any other manner whatsoever, unless and except only
so far as the same shall so happen, by or through his or her own
wilful and or default. And that the said trustees respectively may
out of any monies coming to their respective hands by virtue of
this my will, reimburse themselves respectively and allow to the
others of them respectively all the cash charges and expenses which
they respectively may pay and incur in or in relation to the execution
or attempted execution of any of the trusts powers and provisions
of this my will.
And
I appoint my said wife and daughter and the said John Wild and John
Collinge executors of this my Will.
And
lastly revoking all former wills, codicils and testamentary dispositions
whatsoever, I declare this to be and contain my last will and testament,
in witness whereof, I the said James Haigh have to this my last
will, contained on eight sheets of paper, set my hand this ninth
day of March, one thousand eight hundred and fifty seven.
Signed
by the testator James Haigh in the presence of us being both present
at the same time, who, in the presence of him and of each other,
have hereto inscribed our names as witnesses:
Robert
Jackson, Rochdale
Abel
Stott, Clerk to Woods & Jackson, Solicitors, Rochdale
Proved
at Manchester the twenty ninth day of January 1874 by the oaths
of Jane Ann Wood (in the will written Jane Ann Haigh) wife of Thomas
Broadbent Wood Esquire, (formerly Haigh, spinster of Middleton aforesaid),
John
Wild of Dean Cottage, near Rochdale in the county aforesaid, Cotton
Spinner and John Collinge, of Haberghan Eaves, in the same county,
Coal Proprietor, the surviving executors to whom administration
was granted.
The
testator, James Haigh, was late of Middleton in the County of Lancaster,
Coal Proprietor, and died on the fourteenth day of August 1873 at
Middleton aforesaid.
Under
£60,000 leasehold
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