Lys Frank George 1894 of Eaton Will

Frank George Lys of Eaton 1894 Will

Leicestershire, Leicester and Rutland Archives DE 462/37 page 51

I The Reverend Frank George Lys Vicar of Eaton in the County of Leicester Clerk in Holy Orders hereby revoke all former Wills and testamentary dispositions made by me and declare this to be my last Will and Testament

I appoint the Reverend Frederick Martin Burton LLD of Newport in the Isle of Wight Clerk in Holy Orders and Thomas Arthur Dyson of Gainsborough in the County of Lincoln Solicitor (hereinafter called “my trustees”) to be the executors and trustees of this my Will

I give all my Theological books to my Son Alleyne Fitz Herbert if at the time of my death he shall have been ordained priest or deacon in the Church of England

And I give all my masonic books to either of my two sons Frank Brian or the said Alleyne Fitz Herbert who at my death may be a Freemason and if both my said sons are Freemasons at the time of my death then to both of them in equal shares But in case neither of my said sons shall be a Freemason at the time of my death then I give such books to the masonic Lodge of which I may be a member at the time of my death and the receipt of the Treasurer or Secretary of the said Lodge shall be a sufficient discharge to my trustees for the same

I give all other my books and all my presentation silver to my said son Alleyne Fitz Herbert and my daughter Emily Adah Mary to be divided equally between them by alternate choice my said daughter Emily Adah Mary having the first choice

And I give all the plate which was bequeathed to me by the Will of my late Aunt Lady Sevestre to her God-daughter the said Emily Adah Mary Lys and I give all the remainder of my plate to my children the said Frank Bryan, Alleyne Fitz Herbert and Edith Kate in equal shares

And I give my gold watch my boating tankard and the sum of fifty pounds to my said son Frank Brian

And I give the gold chain which belonged to my late dear wife to my said daughter Emily Adah Mary

And I give the gold watch which belonged to my said wife to my said daughter Edith Kate

And I give either a bracelet necklace or brooch or such other article of Jewellery as my executors may select to each of my nieces Edith Hodgkinson Alice Kate Burton Edith Ellen Burton and Mary Charlotte Lewty

And I give devise and bequeath all my real estate and all the residue of my personal estate to my trustees Upon trust that my trustees shall sell call in and convert into money the same or any part thereof which shall not consist of money and shall with and out of the moneys produced by such sale calling in and conversion pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my Will or any Codicil thereto and shall invest the residue of the said moneys with power from time to time to vary such investments And shall stand possessed of the said residuary trust moneys and the investments for the time being representing the same Upon trust as to two third parts thereof to pay the income to my said daughter Emily Adah Mary during her life for her separate use and so that she shall not have power to anticipate or assign the same

And after her decease Upon trust for such person or persons as my said daughter Emily Adah Mary shall by Will appoint and in default of appointment and so far as any such appointment shall not extend Upon trust for all my children then living in equal shares

And as to the remaining one third part of the said residuary trust moneys In trust to pay the income thereof to my said daughter Edith Kate during her life for her separate use and so that she shall not have power to anticipate or assign the same

And after her decease upon trust for such person or persons as she shall by Will appoint and in default of appointment and so far as any such appointment shall not extend Upon trust for all my children then living in equal shares

And I declare that my trustees may at their discretion and approval and at the request in writing of either of my said daughters from time to time raise the whole or any part of the principal money so invested for the benefit of such daughter and pay the same to her absolutely or to the trustees of her marriage Settlement Provided that such power shall not be exercised until such child shall have attained the age of twenty years

And I direct my trustees as soon after my decease as may be to burn and totally destroy all my diaries Account Books sermons private letters and papers without allowing them to be read by anyone but I direct that they may retain my current account book bank pass book and receipts for money paid for so long as may be necessary for the proper winding up of my estate

And in case my trustees shall not carry out this my direction in its entirety then I revoke all the bequests hereinbefore contained And I give and bequeath all my personal estate whatsoever to the Society for the Propagation of the Gospel in Foreign parts And I direct that the receipt of the treasurer of such Society for the time being shall be a sufficient discharge to my trustees for the same

And I declare that any present or future trustee of this my Will who may be a Solicitor shall be entitled to charge my estate for all business done by him in relation to my estate or the trusts of this my Will in the same manner as he would have been entitled to charge my executors and trustees for the same if he had not been himself an executor or trustee but had been employed by my executors and trustees to do such business as their solicitor

In witness whereof I the said Frank George Lys the Testator have hereunto set my hand this twentieth day of June One thousand eight hundred and eighty nine

                                                                                                                Frank Geo Lys

Signed by the said Frank George Lys the testator as and for his last Will and testament in the presence of us 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 the words “the living” having been first interlined on the twentieth line of the second page

Fredk m Burton, Solr, Gainsborough

EA Briggs, Domestic Servant, Eaton Vicarage

I The Reverend Frank George Lys Vicar of Eaton in the County of Leicester Clerk in Holy Orders hereby declare this to be a Codicil to my last Will and Testament which Will bears date the twentieth day of June One thousand eight hundred and eighty nine

I revoke the bequest in my said Will contained to my Daughter Edith Kate of the gold watch which belonged to my late Wife And also the bequest to her of a share in my plate And I bequeath the said gold watch to my daughter Emily Adah Mary And I direct that the residue of my plate shall be divided as if the name of my said Daughter Edith Kate had been omitted from my said Will

And I direct that the income of the share whether originals or accruing of my said Daughter Edith Kate in my residuary estate shall be accumulated by my Trustees and invested by them from time to time during the joint lives of my said Daughter Edith Kate and her present husband but on the death of either of them then the direction to accumulate shall cease to take effect and my Trustees shall invest the said share and income then accumulated upon trust to pay the income of such investments to my said Daughter Edith Kate (in case she shall survive her said husband) during her life for her separate use and so that she shall not have power to anticipate or assign the same And after her decease Upon trust for such one or more of her children by her present or any future marriage and in such shares and proportions manner and form as she shall by her Will or any Codicil thereto direct or appoint And in default of any such direction or appointment and so far as any such direction or appointment if incomplete shall not extend then Upon trust for such of her said children as shall attain the age of twenty one years in equal shares And in case all her children shall die under the age of twenty one years then upon the same trusts as are declared in my said Will with reference to the original share of my said Daughter Emily Adah Mary in my residuary estate as if the share of my said daughter Edith Kate had been originally given to her

In Witness whereof I the said Frank George Lys the Testator have hereunto set my hand this fifteenth day of January One thousand eight hundred and ninety one

                                                                                                                Frank Geo Lys, Vicar of Eaton, Leicestershire

Signed by the said Frank George Lys the Testator as and for a Codicil to his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other all being present at the same time have hereunto subscribed our names as witnesses

Richard Cheshire, Farmer and Churchwarden of Eaton

AM Lewty, Daughter of the Revd FC Lewty Vicar of Rowston Lincolnshire

On the twelfth day of January 1894 Probate of this Will with a Codicil was granted at Leicester to The Reverend Martin Burton Clerk LLD and Thomas Arthur Dyson the Executors