Gertrude Anne Stubbs of Hose 1919 Will
Leicestershire, Leicester and Rutland Archives DE 462/62
This is the Last Will and Testament of me Gertrude Anne Stubbs the Wife of Walter Stubbs of Hose in the County of Leicester Farmer
I Appoint my husband the said Walter Stubbs my Brother William Adam Wagstaff of 233 Woodborough Road in the City of Nottingham Builder and my Brother in law Frederick Richard Gibbs of Castledene Dagmar Grove Alexandra Park in the said City of Nottingham Jeweller (hereinafter called “my Trustees”) Executors and Trustees of this my Will And I declare that the expression “my Trustees” shall include the said Walter Stubbs William Adam Wagstaff and Frederick Richard Gibbs and the survivors or the survivor of them or other the Trustee for the time being of this my Will Provided that in the event of my Trustees all predeceasing me the Public Trustee shall be the Executor and Trustee of this my Will And (subject as aforesaid) I hereby appoint the Public Trustee to be the Executor and Trustee hereof
I give devise and bequeath all my real estate of every nature and all my personal estate and effects whatsoever and wheresoever unto and to the use of my Trustees their heirs executors and administrators respectively according to the nature thereof Upon trust that my Trustees shall sell call in and convert into money the said real and personal estate and premises at such time or times and in such manner as they shall think fit (but as to reversion property not until it falls into possession unless it shall appear to my Trustees that an earlier sale would be beneficial) and so that they shall have the fullest power and discretion to postpone the sale calling in and conversion of the whole or any part or parts of the said premises (including leaseholds or other property of a terminable or wasting nature) during such period as they shall think proper and to retain the same or any part thereof in its present form of investment without being responsible for loss
And my Trustees shall out of the monies to arise from the sale calling in and conversion of or forming part of my said real and personal estate pay my funeral and testamentary expenses and debts and any legacy or legacies bequeathed by any Codicil hereto And shall at the discretion of my Trustees invest the residue of the said monies in the names or under the legal control of my Trustees in or upon any stocks funds or securities hereinafter authorised as investments and may at such discretion as aforesaid transpose such investments into others of any nature hereby authorised And shall stand possessed of the income of my residuary estate and the investments for the time being representing the same (hereinafter called “my residuary trust estate”)
Upon trust to pay the same to my husband the said Walter Stubbs during his life And upon the death of my said husband my Trustees shall hold my Residuary Trust Estate Upon Trust for all or any my children or child who being sons attain the age of twenty one years or being Daughters attain the age of twenty one years or marry under that age if more than one in equal shares
Provided always and I declare that if any child of mine shall have died in my lifetime or if being a Son shall survive me and shall die before attaining the age of twenty one years leaving issue such issue being male and attaining the age of twenty one years or being female and attaining that age or marrying shall take by substitution if more than one in equal shares the share of my residuary trust estate which such deceased child would have taken under the trusts in that behalf hereinbefore declared had he or she survived me and attained a vested interest
Provided also and I declare that the share of my residuary trust estate which is hereinbefore expressed to be given to each Daughter of mine shall not vest absolutely in such Daughter but shall be retained by my Trustees and held by them upon the trusts hereinafter declared concerning the same respectively (that is to say)
Upon trust to invest the same and to pay the income thereof to each such Daughter during her life and during her coverture for her separate use without power of anticipation And from and after her decease to hold such share of my residuary trust estate and the income thereof Upon trust for all the children or any the child of such Daughter who being male attain the age of twenty one years or being female shall attain that age or previously marry and if more than one in equal shares as tenants in common
But if such Daughter of mine shall have no issue who shall take a vested interest under the preceding trusts then after the death of such Daughter Upon Trust to hold her said share of my residuary trust estate In trust for such person or persons as she shall by will or codicil appoint And in default of such appointment In trust for her statutory next of kin as if she had died a Spinster and intestate and such share had formed part of her personal estate
And I Declare that my Trustees my apply the whole or such part as they in their discretion shall think fit of the income of the expectant or presumptive share of any child or grandchild of mine in my residuary trust estate under the trusts hereinbefore contained for or towards his or her maintenance education or benefit and may either themselves so apply the same or may pay the same to the parent or guardians or guardian of such child or grandchild for the purpose aforesaid without seeing to the application thereof
And I authorise my Trustees to invest any moneys forming part of my residuary trust estate under this my Will which may at any time require investment at their discretion in or upon any stocks funds or securities in or upon which trust funds or cash under the control or subject to the Order of the Court may for the time being be authorised by law to be invested or in or upon any stocks funds or securities of or guaranteed by the Government of the United Kingdom or the Debentures or Debenture Stock or guaranteed Preference Stock or Shares of any Railway or other Company in Great Britain or in India incorporated by Act of Parliament or Royal Charter and paying a dividend on its ordinary stock or shares or upon real or leasehold securities in England or Wales but not elsewhere
And I declare that all the net rents profits and income from my estate real or personal until the sale calling in or conversion thereof in whatsoever state or condition of investments the same may be and whether consisting of investments of an authorised character or not (including leaseholds or other property of a terminable or wasting nature) shall for all the purposes of this my Will and as between all persons entitled hereunder and as well during the first year after my death as afterward be applied as if the same were income arising from the proceeds of such sale calling in or conversion or the investment of such proceeds no part thereof being liable to be retained as capital but no reversion or other property not actually producing income shall be treated as producing income for the purposes of this my Will
And I Empower my Trustees to manage repair insure demise for any term of years or tenancy and at any rent and deal and arrange with tenants of any real or leasehold hereditaments hereinbefore given in trust for sale until the same shall be sold at their uncontrolled discretion as if my trustees were absolute beneficial owners thereof
And Lastly I Hereby revoke all former Wills Codicils and testamentary instruments made by me and declare this to be my last Will
In Witness whereof I have hereunto set my hand to this and the two preceding sheets of paper this fourteenth day of December One thousand nine hundred and eighteen
Gertrude Anne Stubbs
Signed by the Testatrix the said Gertrude Anne Stubbs as and for her last Will and Testament in the presence of us who at her request in her presence and in the presence of each other have hereunto set our names as witnesses
Jas. Saunders ) Clerks to Messrs J & A Bright
M De Stobbeleir ) Solicitors, Nottingham
On the tenth day of November 1919 Probate of this Will was granted at Leicester