[WILL]
This is the last Will and Testament of me Henry Payne of "The Hollies",
Sunny Hill in the parish of Normanton in the County of Derby, Gentleman
Whereby I appoint my sons Charles Hallam Payne and Frank Payne and
my Daughter Lucy Mary Payne (hereinafter called "my Trustees") to be the
Executors and Trustees of this my Will
I give to my dear wife Henrietta Christina Payne and to each of my
children hereinafter named the legacy or sum of Five pounds free of duty
to be paid to them respectively within one calendar month of my decease
And I direct my Trustees to purchase a suitable grave space for the
internment in a bricked grave of myself and my said Wife, and that a suitable
Tombstone be placed thereon
And I also direct that on the death of my said Wife the cost of her
funeral shall be paid out of my estate
I give and devise all that my freehold messuage and premises with double
lawn situate in the Parish of Normanton aforesaid together with the field
and garden occupied therewith situate in the Parish of Littleover collectively
known as "The Hollies" Sunny Hill in the County of Derby unto and to the
use of my said Daughter Lucy Mary Payne absolutely subject nevertheless
to any sum or sums which may be owing thereon in respect of any mortgage
or otherwise at the time of my decease
I give all my household goods and furniture plate linen china books
prints pictures and other household effects unto my Trustees In trust for
my said Wife during her life
And I declare that from and after the decease of my said Wife the said
furniture and household effects shall fall into and form part of my residuary
estate
And I also declare that my Trustees shall not be obliged to see to
the preservation of the said furniture and effects or any of them not be
answerable for any loss or injury thereof which may happen, during the
lifetime of my said Wife
I give devise and bequeath all my real and personal estate not hereby
otherwise disposed of (hereinafter called "my residuary estate") unto my
Trustees upon trust that my Trustees shall permit my said Wife during her
life to reside in and occupy (free from any rent rates taxes cost of repairs
and insurance and free from all other outgoings whatsoever) any one she
may select of the dwellinghouses (except "The Hollies" Sunny Hill) which
shall belong to me at the time of my decease
And upon further trust that my Trustees shall as soon as convenient
after my decease sell and convert into money either by public auction or
private contract the piece of freehold land belonging to me situate at
Rusthall Tunbridge Wells and that the proceeds of sale together with any
ready money shall be applied so far as they will extend in paying off any
mortgages existing at my decease on any of my real propert except numbers
54, 56, 58, 60 and 139 Saint James Road
And upon further trust that my Trustees shall receive the rent income
and profits of my residuary estate as and when the same shall become due
and payable and after payment thereout of all expenses of repairs the insurance
of buildings against loss or damage by fire and all other current expenses
stand possessed of the clear residue of such rents income and profits upon
trust to pay thereout the weekly sum of Two pounds and five shillings to
my said wife during her life and to pay also the cost of proper medical
and surgical attendance and nursing for her And after such payments
have been made to pay also during the lifetime of my said Wife to each
of my Daughters Lily Payne and Helen Payne the clear weekly sum of five
shillings
And I direct that my Trustees may in their absolute direction increase
either or both od the said weekly payments to my said Daughters Lily Payne
and Helen Payne up to but not exceeding the sum of Fifteen shillings per
week if it shall in their opinion be expedient to do so on account of the
ill health or circumstances of my said Daughters or either of them and
that the said weekly payments to my said Wife and Daughters shall commence
from the time of my decease
And to pay any surplus of the said rents income and profits (hereinafter
called "the surplus income") for the term of twenty years after my decease
(provided my said Wife shall so long live) into a Bank or Banks to accumulate
for the purpose of paying off and discharging at the discretion of my Trustees
my Mortgage or Mortgages on my freehold property exisiting at the time
of my decease (except my mortgage or mortgages which may affect my messuage
number 139 Saint James Road Derby or my four messuages numbers 54, 56,
58, and 60 Saint James Road aforesaid)
And I direct and declare that if my said Wife shall be living at the
end of such period of twenty years the surplus income shall be paid to
my said wife
I give devise and bequeath my residuary estate unto my Trustees
As to all that my said messuage number 139 Saint James Road aforesaid
with the gardens thereto In trust for my said daughter Helen Payne her
heirs and assigns absolutely subject nevertheless to any mortgage or incumbrance
affecting the same at the time of my decease
And to my said four messuages numbers 54, 56, 58, and 60 Saint James
Road aforesaid In trust for my said Daughter Lily Payne her heirs and assigns
absolutely subject nevertheless to any mortgage or incumbrance affecting
the same at the time of my decease
And as to the remainder of my residuary estate Upon trust that my Trustees
shall sell callin and convert into money the same or such part thereof
as shall not consist of money and after payment of the expenses of sale
and incident thereto, stand possessed of the clear proceeds of sale and
of my ready money (hereinafter called "the residuary trust fund")
As to one equal seventh part thereof In trust to pay thereout the sum
of One hundred pounds to my son Charles Vincent Payne And to stand possessed
of the remainder of such one seventh part In trust to pay the income thereof
to my said son Charles Vincent Payne during his life without power of anticipation
and after his decease In trust for all his children who shall attain the
age of twenty one years in equal shares and if there shall be only one
such child the whole to be in trust for that one child
And as to one other equal seventh part thereof in trust for my said
son Charles Hallam Payne absolutely
And as to one other equal seventh part thereof In trust for my said
son Frank Payne absolutely
And as to one other equal seventh part thereof In trust for my said
Daughter Lucy Mary Payne absolutely
And as to one other equal seventh part thereof In trust to pay thereout
the sum of One hundred pounds to my Son Fred Payne and to stand possessed
of the remainder of such one seventh part In Trust to pay the income thereof
to my said Son Fred Payne during his life without power of anticipation
and after his decease In trust for all his children who shall attain the
age of twenty one years in equal shares and if there shall be only one
such child the whole to be in trust for that one child
And as to one other equal seventh part thereof In trust for my said
Daughter Lily Payne absolutely
And as to the remaining one equal seventh part thereof In trust for
my said Daughter absolutely
Provided always that if either of my said two sons Charles Vincent
Payne and Fred Payne shall die without having a child or children who shall
attain the age of twenty one years then the one seventh part of the residuary
trust fund directed to be held in trust for him and his children shall
be held in trust for my other children and their issue per stirpes in equal
shares as tenants in common in the same way as the original shares
Provided also and I hereby direct that my said son Charles Vincent
Payne and Fred Payne shall bring into hotchpot and account for as part
of their respective shares the sums of Two hundred pounds and One hundred
pounds respectively before they or their children shall be entitled to
any benefit under this my Will but this bring into hotchpot shall not affect
the payment to them of the respective sums of One hundred pounds and One
hundred pounds payable to them on the decease of my said Wife
And I declare that my Trustees may postpone the sale and conversion
of any part of my real estate for a reasonable time after the death of
my said wife if they shall think fit and that the rents and income to accrue
from and after the decease of my said Wife of and from such part thereof
as shall remain unsold and unconverted shall after payment thereout of
all incidental expenses and outgoings be paid and applied to the persons
or person and in the manner to whom and in which the proceeds of sale would
be payable or applicable under this my Will if such sale and conversion
had actually have been made
And I also declare that as regards any real or leasehold property remaining
unsold my Trustees shall be at liberty to let or demise the same either
from year to year or for any term of years at such rent and subject to
such covenants and conditions as they shall think fit to accept surrenders
of leases and tenancies to expend money either capital or income in repairs
and improvements and generally to manage the property according to their
absolute discretion
And I also declare that during the lifetime of my said wife the rents
of my said real estate shall be collected regularly by my said daughter
Helen Payne who shall receive as remuneration the weekly sum of Five shillings
in addition to any benefit conferred on her by this my Will And if from
any cause my said Daughter be unable or unwilling to collect such rents
then the same shall be collected by some other member of the family at
the discretion of my said Trustees and at the beforementioned remuneration
And I also declare that it shall be lawful for my Trustees in their
absolute discretion to raise any part or parts not exceeding in the whole
one moiety of the vested or presumptive share of any minor under this my
Will and to apply the same for his or her advancement preferment or benefit
as they shall think fit
I hereby revoke all former Wills by me made In witness whereof I have
to this my last Will and Testament subscribed my name this seventh day
of February One thousand nine hundred and seven.
Henry Payne
Signed by the said Testator Henry Payne as his last Will and Testament
in the presence of us, both being resent at the same time who in his presence
and in the presence of each other have hereunto subscribed our names as
witnesses.
Chas. Kirk } Clerks with Messrs. J & WH Sale & Son
J.E. Moult } Solicitors, Derby
On the 31st day of May 1907 Probate of this Will was granted at Derby
to Charles Hallam Payne, Frank Payne and Lucy Mary Chadwick the Executors.
Be it known that Henry Payne of The Hollies, Sunny Hill, Normanton,
in the County of Derby, Gentleman, deceased, who at the time of his death
had a fixed place of abode at The Hollies aforesaid within the District
of the County of Derby died on the first day of April 1907 at The Hollies
aforesaid.
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
District Probate Registry of Her Majesty's High Court of Justice at Derby
and that the 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 Charles Hallam Payne, of 83 St. James Road, in
the County Borough of Derby, Builder, and Frank Payne, of 36 Carlton Street,
Burton on Trent, in the County of Stafford Vaccination Officer, Sons of
the deceased, and Lucy Mary Chadwick (Wife of Robert Nathan Chadwick) of
The Hollies aforesaid, formerly Payne, Spinster, Daughter of the deceased,
the Executors named in the said Will.
Dated the 31st day of May 1907
Gross Value of Estate £ 8,542.18.2
Net value of Personal Estate £ 240.3.5
Extracted by J. & W.H. Sale & Son, Solicitors, Derby