- died October 10, 1887 -
- Newport, Monmouth, Wales -
Transcribed by Andy Sims from the Principal Probate Court records
I, William Brinsmead, of No. 4 Clarence Place, Newport, in the County of Monmouth, Retired Sea Captain, do hereby revoke all former Wills and Testamentary Dispositions made by me and declare this to be my last Will and Testament. Whereas my daughter Susan Pennicchini the wife of Ralph Pennicchini is indebted to me for monies lent by me to her free of interest and amounting to all to one hundred pounds or thereabouts. Now I hereby forgive my said daughter (whether living at my death or not and so that in the latter alternative such forgiveness shall enure for the benefit of the estate of the said daughter) all the sum or sums of money for which she is indebted to me up to the date of this my will and I direct that any legacy duty which may be payable on the amount so forgiven shall be payable out of my estate so that no such duty shall be payable either my said daughter or out of her estate in consequence of such forgiveness.
I bequeath to Susan Brinsmead (my present wife) all of the monies due or which may become due from the "Master Mariners Benevolent Society" on account of any policy therein effected by me or due howsoever from the said Society to me or my Estate and in default of the said Susan Brinsmead living to be entitled thereto I direct that such monies shall fall into and form part of the residuary Trust Estate Funds hereinafter mentioned. And I bequeath all my plate linen china glass books pictures prints furniture and other household effects unto the said Susan Brinsmead.
Thomas Brinsmead (my son) now of Oxford Road, Gunnersbury, London, Clerk, and my son in law, Harry Williams of Newport aforesaid, Shoe Manufacturer, upon trust that they the said Susan Brinsmead, Thomas Brinsmead and Harry Williams or the survivors or survivor of them or the executor or administrators of such survivor (all of which several persons and other the trustees or trustee for the time being of this my will all hereinafter referred to as the said trustees or trustees) shall permit the said Susan Brinsmead to use and enjoy and have the full benefit of all the said plate linen china glass books pictures prints furniture and other household effects for and during her life and from and after her decease. Upon trust for such daughter or daughters of mine as shall at the time of my said wife's decease be living never having been married and if there shall be only one so unmarried then for that one absolutely. And I declare that in the term daughter or daughters I mean to include my adopted daughter and niece Elizabeth Brinsmead who shall be entitled to such an interest as aforesaid in the said furniture and other effects as if she were actually my own child. Provided she at the time of my wife's decease shall never have been married. And in default of any such daughters or daughter or adopted daughter as aforesaid living so unmarried at the time of my said wife's decease then upon and after the last mentioned event my said Trustees or Trustee shall sell or convert into money the said furniture and other effects as soon as conveniently may be and the monies produced by such sale or conversion shall fall into and form part of the Residuary Trust Funds and be subject to the trusts and directions declared concerning the same. And I declare that if any question or dispute shall arise between any of my said unmarried daughters or between any of them and my said adopted daughter as to the apportionment or division of the said furniture and other effects that my said Trustees or Trustee shall have power to make such apportionment or division their decision being final or if they my said Trustees or Trustee shall deem it expedient they shall sell the said furniture and other effects and after payment of all incidental expenses divide the proceeds amongst those who would have been entitled to participate in the division of the said furniture and effects had they been divided. But the said power of sale shall not be exercised in the event of any such disputes as aforesaid. And I further devise and bequeath all other my real and personal estate and hereby otherwise dispose of unto my said Trustees or Trustee Upon trust to sell call in and convert into money (save as hereinafter excepted) the same or such part thereof as shall not consist of money and shall with and out of the monies produced by such sale calling in and conversion and out of any ready money pay my funeral and testamentary expenses and debts and any legacies hereby or in any Codicil hereby given and invest the residue thereof in the names or name or under the legal control of the said Trustees or trustee in or upon any of the Public Stocks or Funds or Government securities of the United Kingdom or upon freehold copyhold leasehold or chattels real securities in England or Wales or Ireland or in or upon the shares stocks or securities of any Company or Corporation whether commercial municipal local or otherwise carrying on business or constituted for any purpose in the United Kingdom with power for my trustees or Trustee to vary such investments and to stand possessed of the Residuary Trust Funds and the investments representing the same and of any other investments to be continued in the form in which I shall leave them at the time of my decease as hereinafter provided for and the whole of which investments whether continued as aforesaid or made hereunder by my said Trustees or Trustee are hereinafter called the Residuary Trust Funds upon the Trusts following that is to say. Upon trust to pay the income thereof to my said wife during her life and from and after her decease to hold the said Residuary Trust funds or what thereof shall remain after the making of any payments to my said wife as hereinafter provided for upon trust for and to be divided among all my children (by which term I mean also my said adopted daughter and niece so that she shall share as if she were my own child) who being sons have attained or shall attain the age of twenty one years or being daughters have attained or shall attain that age or marry under that age in such proportions as will give to each of them in equal shares with the exception of my said eldest daughter Susan Pennicchini whose share shall be one hundred pounds less than that of any of the others and if there shall be only one child (whether my own child or my said adopted child) the whole to be in trust for that one child. Provided always that if any child of mine or if my said adopted child shall die in my lifetime leaving a child or children who shall survive me and being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under that age then and in every such case the last mentioned child or children shall take and if more than one equally between them the share which his her or their parent would have taken of and in any of the residuary Trust Funds if such parent had survived me and attained the age of twenty one years and I declare and direct that my said Trustees or Trustee shall at any time upon the written application of my said wife raise out of the said Residuary Trust Funds or some part thereof on sum or sums of money not exceeding together the sum of Two hundred pounds and shall pay the same to her for her own absolute use. And my Trustees may also in the lifetime of my said wife (if she shall signify her desire therefore in writing) and from and after her decease the remaining Trustees or Trustee at their or his own discretion raise any part or parts not exceeding one third of the expectant share of any child or grandchild or of my said adopted child or her child under this my will and apply the same for his or her advancement preferment or benefit as they my said Trustees or Trustee shall think fit. And I declare and direct that my Trustees or Trustee shall not call in or convert into money any investments I have made in or with the Tuncipality Permanent Investment Building Society of Cardiff the Monarch Investment Building Society London the Monmouthshire and South Wales Building Society Newport or any of the said societies whether upon loan or deposit or in shares or otherwise but shall continue such investments so long as my said wife shall live or until she shall signify in writing that she desires the money so invested to be realized towards the raising as aforesaid of the said sum of Two hundred pounds or any part thereof or that she is desirous of the money in such Societies or any of them being invested in any of the other forms herein authorized. And I further declare that my said Trustees or Trustee may also postpone the sale and conversion of any other part of my real or personal estate for so long as my said Trustees or Trustee shall think fit and that the rents and profits and income from and after my decease of and from any part of my estate as shall remain unsold and unconverted shall be applied in the same manner in all respects as if the same were income arising from investments hereinbefore authorized. Provided always and I declare that it is my particular wish that my estate shall not be administered in the High Court of Justice and in order to avoid (in so far as I can) the necessity of any application to the said Court I declare that (in addition to all powers conferred by law on all executors and trustees my Trustees or trustee shall have full power to settle all questions which may arise in the management and administration of my estate or any trust property held under this my will and also all questions as to the proper construction of this my will or any clause herein contained and all other questions whatsoever. Which may arise in relation to my estate or any trust property held under this my will in such manner as they or the survivors or survivor of them shall think fit in theirs his or her discretion whether under the advice of Counsel or otherwise. And I further declare that if any person beneficially interested under this my will shall either himself or herself or being an infant or feme covert or otherwise under disability shall by his or her next friend institute any suit or other proceeding in the said court for the administration of my estate or of any Trust fund held under this my will and shall not allege and prove to the satisfaction of the court that the trustees or trustee against whom such suit is instituted have or has been guilty of some willful default or breach of trust rendering such suit necessary to save my estate from loss then and in such case the costs of such suit or those costs which in the absence of this clause would be payable out of my estate generally or out of the said trust fund shall be paid conclusively out of the share or shares of the Plaintiff or Plaintiffs therein and if more than one ratably and in proportion to the amount of their respective shares. And I hereby declare that the power of appointing a new Trustee or Trustees of this my will shall be exercisable by my said wife during her widowhood and I appoint my said wife Susan Brinsmead the said Thomas Brinsmead and the said Harry Williams Executrix and Executors of this my will. In Witness whereof I have to this and the two preceding pages of paper set my hand this eighth day of September 1884.
This sheet and the two proceeding sheets were signed and acknowledged by the above named William Brinsmead as his will in the presence of us present at the same time who in his presence and in the presence of each other (the word two in the attestation clause hereof having first been rewritten over an erasure) subscribed our names as attesting witnesses.
H Lyndon Moore, Solicitor, Newport, Mon Jnr. Alf Law Billingham, Student, Gold Topo, Newport, Mon.
Proved at Llandaff on the 11th day of November 1887 by the oath of Thomas Brinsmead and Harry Williams two of the Executors to whom administration was granted. Power reserved of making the Grant to Susan Brinsmead, Widow the relict, the other Executor named in the will.
The Testator William Brinsmead was late of No 4 Clarence Place, Newport, in the County of Monmouth, Retired Sea Captain, and died on the Tenth day of October 1887
Under £1,100
Extracted by the Executors in Person