Will of Timothy White 1908

Date: [unknown] [unknown]
Location: [unknown]
Surname/tag: White

Transcript of the Last Will and Testament of Timothy White. Paragraphs and emphasis added to aid legibility. Original spelling and capitalisation preserved.

Transcribed by Ros Haywood from a copy held by probatesearch.service.gov.uk; used under the terms of the Open Government Licence [You are free to transcribe, translate, index and quote from published or unpublished Crown copyright material among the records as extensively as you wish and you may publish the results in any format and any medium: in accordance with the terms of the Open Government Licence.]

THIS IS THE LAST WILL AND TESTAMENT of me TIMOTHY WHITE of Sall Park in the County of Norfolk Esquire.

1. I desire to be buried in the South East Corner of the Churchyard of the Parish Church of Sall aforesaid and I direct that the sum of ten pounds per annum shall be paid by the trustees for the time being of this my will to the churchwardens of the Parish Church of Sall aforesaid during the life of my youngest grandchild liv ing at the time of my decease and twenty one years after the death of such grandchild to be applied by them in keeping my grave and the enclosure thereof in good order and condition and in payment to the bellringers of the church for ringing a chime for one half hour before each of the morning and afternoon services on every Sunday in the year also for the purchase of a flagstaff and a Union Jack Flag to be erected on the tower of the said Parish Church such flag to be hoisted every Sunday morning and to be kept flying until the evening, weather permitting and also for keeping the said flagstaff and flag and the ropes in good repair and in or towards keeping in good condition that portion of the churchyard which I have had levelled and I direct that if the said sum of ten pounds per annum shall be more than sufficient for the purposes aforesaid the surplus thereof shall be paid to such person as the Rector for the time being of the said Parish Church shall appoint to atte nd to the flag and Flagstaff.

2. I bequeath the following legacies
a) To my son Albert Victor St John White the sum of two hundred and fifty pounds to be paid to him within one calendar month from my death and to be treated as part payment of the Annuity given to him by clause 3(a) hereof
b) To each of the following children of my brother Thomas White viz Charles White Louis White Mary White and Florence White one hundred pounds two pounds ten shillings per cent consolidated stock (hereinafter called "Consols")
c) To the said Louis White one hundred pounds consols to be used or expended by him in such way and manner as he in his absolute discretion shall think fit for the benefit of his sister Ernestine White
d) To each of the following children of my sister in law Frances Wood viz James Wood Ruth Wood and Violet Wood one hundred pounds consols
e) To each of them Harriet Curtis Emily Loveridge and Fanny Hewitt daughters of my sister in law Lydia Mister one hundred pounds consols
f) To each of the following children of my late son Timothy Joseph Francis White who shall be living at the date of my decease viz Elsie White Olive White Ellen White Timothy Pearce White and Felix Gabriel White the sum of five hundred pounds sterling and to Ruth White another child of my said son the sum of three hundred pounds
g) The sum of one thousand pounds to Dr Barnardos Homes Stepney the sum of one thousand pounds to the Salvation Army for the rescue work the sum of five hundred pounds to the Portsmouth and Gosport Hospital the sum of five hundred pounds to the Norwich Hospital the sum of one hundred pounds to Guys Hospital London and the sum of one hundred pounds to the London Hospital London And I direct that the receipts of the respective treasurers of the said institutions shall be good discharges for the said legacies
h) To each of my household servants at Sall Park a sum equal to three months of their respective wages and to each of the outdoor servants who are paid under the description of "Park wages" a sum equal to one month of their respective wages

3. I bequeath the following annuities or yearly sums that is to say
a) An annuity of five hundred pounds to my son the said Albert Victor St John White
b) An annuity of fifty pounds to Minnie White the daughter of my brother Benjamin White such annuity to be paid to her only so long as an equal amount per annum is paid to her by or through Seth Taylor of Putney Park Lane Surrey or his executors
c) An annuity of fifty pounds to Helen Saunders now or late residing at 17 Cardozo Road Holloway London
d) An annuity of fifty pounds to Augusta Marsh Widow of the Reverend Charles Earle Marsh (the late Rector of Sall aforesaid) to be payable during the period of four years next after my decease should the said Augusta Marsh so long live
e) A further annuity of twenty pounds to the said Augusta Marsh to commence at the expiration of four years after my decease provided that the said Augusta Marsh within four years after my decease transfers to the trustees of this my will all her interest in the four bonds or debentures of the British Central Africa Company Limited which I now hold for her

4. I direct that all the said annuities shall be payable by equal quarterly instalments and (except the annuity to the said Augusta Marsh given by clause 3 (d)) during the lives of the respective annuitants the first of such quarterly payments to be made at the expiration of three calendar months after my decease but I expressly direct that the said respective annuities shall respectively cease to be payable if the said respective annuitants entitled thereto shall become bankrupt or assign charge or encumber or attempt to assign charge or encumber the said respective annuities or any part thereof or do or suffer any act or thing whereby or by reason whereof the said respective annuities or any part thereof would or might become payable to or receivable by any other person or persons

5. I hereby charge all the said annuities upon my real estate situate in the Counties of Norfolk Derby and Oxford (generally known as the Sall estates) and my real estate in the County of Hants and all other my real estate not specifically bequeathed by this my will or any codicil thereto (hereinafter referred to as my residuary real estate

6. I direct that such annuities shall be deemed to be issuing and payable out of my residuary real estate as aforesaid by way of rent charge and shall be paid out of the rents thereof without any deduction for income tax and that with respect to such of the said annuitants as shall for the time being be adult they shall have and be entitled to exercise all the rights and remedies for recovering or enforcing payment of their said respective annuities which are conferred by the Conveyancing and Law of Property Act 1881 or any statutory modification thereof for the time being and that with respect to such of the annuitants as shall for the time being be under age my said trustees or any one of them shall have and be entitled to exercise such rights and remedies on their behalf

7. I hereby declare that if at any time there shall be placed in the names of the trustees of this my will any stocks funds or securities authorized by law as investments for trustees the income whereof shall be sufficient at the time of investment to answer any one or more of the annuities for the time being payable under this my will the person or persons entitled to such annuity or annuities shall have no further charge or claim upon my residuary real estate which shall be thenceforth freed and discharged from such annuity or annuities but the annuitant or annuitants shall be entitled to resport to the capital of such investments in case of the deficiency of the income thereof

8. I give and devise all such of my lands and messuages and hereditaments as are of copyhold tenure to the use of my granddaughter Marguerite White in trust for the trustees of this my will and to be enfranchised surrendered and disposed of as the said trustees shall direct

9. I devise my residuary real estate subject to the payment of the said annuities and principal sums charged thereon as hereinbefore mentioned unto my said trustees to the use of my son Woolmer Rudolph Donati White and his assigns during his life without impeachment of waste and after his death To the use of the eldest son born in my lifetime of the said Woolmer Rudolph Donati White and the assigns of such son during his life And immediately after his death to the use of the first and every other son successively of such eldest son in remainder one after another and the heirs male of the body of each such first and every other son according to seniority the elder and the heirs male of his body taking before the younger son and the heirs male of his body
And in default of or on failure of such issue To the use of the second and every other son born in my lifetime of the said Woolmer Rudolph Donati White for the life of each such son with remainder To the use of the first and every other son successively of such second or other son of the said Woolmer Rudolph Donati White in remainder one after another and the heirs male of the body of each such second and every other son according to seniority every elder of such second and other sons and the heirs male of his body taking before every younger son and the heirs male of his body and in default or on failure of such issue To the use of every other son of the said Woolmer Rudolph Donati White born after my death and the heirs male of the body of each such after born son successively according to seniority every elder of such after born sons and the heirs male of his body taking before every younger of such sons and the heirs male of his body
And in default or on failure of such issue To the use of my grandchild Timothy Pearce White the eldest son of my late son Timothy Joseph Francis White and the assigns of such grandson during his life without impeachment of waste and after his death To the use of the first and every other son successively of the said Timothy Pearch White in remainder one after another and the heirs male of the body of each son according to seniority the elder and the heirs male of his body taking before the younger and the heirs male of his body
And in default of or on failure of such issue To the use of my grandson Felix Gabriel White another son of my late son Timothy Joseph Francis White and the assigns of such grandson during his life without impeachment of waste and after his death To the use of the first and every other son successively of the said Felix Gabriel White in remainder one after another and the heirs male of the body of each son according to seniority and the elder and the heirs male of his body taking before the younger and the heirs male of his body And upon the failure of all the limitations hereinbefore contained of my residuary real estate I devise the same to the London Hospital London and Guy’s Hospital London in equal shares And I hereby declare that it is my special wish (but without creating any legal obligation) that if the said last name Hospitals shall become entitled to my residuary real estate under the said devise to them each of the hospitals shall immediately thereupon name one of its wards “Timothy White Ward” and thenceforth continue to call such ward by that name

10. I direct that if the said Woolmer Rudolph Donati White or any son of his becoming tenant for life of my residuary real estate under this my will shall eitherbefore or after becoming such tenant for life become bankrupt or do or permit any act or thin whereby the rents and profilts of the said hereditaments or any part thereof shall or may be aliened or encumbered or become payable to or receivable by any other person the limitation hereinbefore contained I his favour shall fail to take effect or thenceforth cease as the case may be and the said rents and profits shall during the remainder of his life or as from the time when he would otherwise have become entitled to the recept and enjoyment thereof as the case may be be received and enjoyed by the person for the time being next beneficially entitled in remainder or reversion expectant on his decease.

11. And whereas it is my desire that the entail created by this my will of my residuary real estate may be prevented from being barred or defeated as long as the rules of law will permit I hereby nominate and appoint the treasurer for the time being of the London Hospital London and the treasurer for the time being of Guys Hospital London to be protectors of the estates tail created by this my will during the continuance of the estate or respective estates for life for the time being prior or antecedent to such estates tail with all such discretionary powers authorities and privileges as are by statute annexed to the office of protector Provided always and I hereby declare that in case the said treasurers for the time being shall be desirous to relinquish the office of protector or any protector or protectors to be appointed as hereinafter mentioned shall die or be desirous to relinquish such office then and in every such case it shall be lawful for the said treasurers or for the surviving or continuing protectors or protector for the time being as the case may be or if there shall not be any such then for the protector or protectors so relinquishing office as aforesaid if they or he shall be willing to exercise this power or if none such then for the executor or executors administrator or administrators for the time being of the last deceased protector by any deed or deeds to be enrolled in the Chancery Division of the High Court of Justice to nominate and appoint one or more person or persons (not being tenant for life in possession for the time being of my residuary real estate) to be a protector or protectors in the room of the person or persons who shall so have died or relinquished the office as aforesaid and the person or persons so to be nominated and appointed as aforesaid shall have and may exercise either in conjunction with the surviving or continuing protectors or solely (as the case may be) the same powers authorities and privileges in every respect as he or they might have exercised or would have had or enjoyed if he or they had been hereby appointed a protector or protectors of the said estates tail.

12. I give devise and bequeath all the rest residue and remainder of the personal estate or or to which I shall at my death be possessed or entitled or over which I shall have at my death any general power of appointment or disposition by will unto my said son Woolmer Rudolph Donati White and Dr John Cox at present residing at Nottingham upon trust that they and the survivor of them and the executor or administrator of such survivor (hereinafter called my trustees) shall sell call in and convert the same into money and shall out of the proceeds of such sale calling in and conversion pay all my debts and funeral and testamentary expenses and the legacies and annuities bequeathed by this my will or by any codicil thereto and the duties payable in respect of the same and all the estate duty settlement estate duty and other duties payable in respect of my estate or of any legacy or annuity give by this my will And subject thereto my trustees shall stand possessed of the residuary trust moneys upon the trusts which would be applicable thereto if the same were capital money arising from the sale or part of my residuary real estte under the provisions of the Settled Land Acts

13. I hereby appoint my said son Woolmer Rudolph Donati White and the said John Cox to be EXECUTORS of this my will and give to the said John Cox if he shall accept the trusts thereof the legacy or sum of one hundred pounds

14. I declare that the statutory power of appointing new trustees of this my will shall be exercisable by the treasurer for the time being of the London Hospital London and the treasurer for the time being of Guys Hospital London and if either of the said treasurers shall be at any time unwilling to act in the exercise of such power the other of the said treasurers shall for that occasion be entitled to exercise such power alone.

15. I declare that the trustees for the time being of this my will however appointed shall be trustees for the purpose of the Settled Land Acts

16. I revoke all wills codicils and other testamentary dispositions at any time heretofore made by me
IN WITNESS whereof I have to this my will (contained in this and the six preceding sheets of paper) set my hand this twenty sixth day of May one thousand nine hundred and six
TIMOTHY WHITE
Signed by the testator Timothy white 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 alterations in clause 2 (h) against which we have placed our initials having been previously made
THOS J TEE Solicitor 7 Fredericks Place Old Jewry London
EDWARD V PERRY Surgeon Hackford next Reepham Norfolk

THIS IS A CODICIL to the last will and testament of me TIMOTHY WHITE of Sall Park Norfolk which will bears date the twenty sixth day of May 1906
1, I hereby revoke clause 1 of my said will and in lieu thereof
2. I desire that my body shall be cremated at the nearest crematorium to Sall aforesaid and that my ashes shall be buried in the grave with my late wife in the South East corner of the churchyard of the Parish Church of Sall aforesaid but I expressly desire that any religious servivce in connection therewith shall be conducted by the Rev Lindsey Young of Portsea or if he cannot attend then by some other clergyman to be named by the trustees of my said will other than the present Rector of the said Parish Church of Sall.
3. I give to the said Rev Lindsey Young if he shall attend and conduct my said funeral service a legacy of twenty pounds and direct that the sum of five pounds shall be paid to him for his expenses in so attending
4. I direct that the sum of five pounds per annum or so much thereof as the trustees for the time being of my said will may in their absolute discretion think fit shall be paid by my said trustees during the life of my youngest grandchild living at the time of my decease and twenty one years after the death of such grandchild to some person to be from time to time selected by them to be applied by such person in keeping my grave and the enclosure thereof in good order and condition
5. In all other respects I confirm my said will
IN WITNESS whereof I have hereunto set my hand this thirtieth day of July one thousand nine hundred and six
TIMOTHY WHITE
Signed by the said Timothy White in the presence of us present at the same time who in his presence at his requires and in the presence of each other have hereunto subscribed our names as witnesses
THOS J TEE Solicitor 7 Fredericks Place Old Jewry London
WILLIAM T BARBER Sall Park Norfolk

THIS IS A CODICIL to the last will and testament of me TIMOTHY WHITE of Sall Park Norfolk which will bears date the twenty sixth day of May 1906
1. I hereby revoke clause eleven of my said will
2. I hereby revoke clause fourteen of my said will
3. In all other respects I confirm my said will as altered by any codicil thereto executed by me prior to the date hereof
IN WITNESS whereof I have hereunto set my hand this third day of October one thousand nine hundred and six
TIMOTHY WHITE
Signed by the above named Timothy White 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 subscrived our names as witnesses
THOS J TEE Solicitor 7 Fredericks Place Old Jewry London
WILLIAM T BARBER Sall Park Cawston

THIS IS A FURTHER CODICIL to the last will and testament of me TIMOTHY WHITE of Sall Park Norfolk which will bears date the 26th day of May 1906
1. I give to my servant William Thomas Barber the legacy of one hundred pounds in recognition of his faithful services to me
2. I direct that the name of my grandson Lynton White shall be inserted in clause 8 of my said will in lieu of that of my granddaughter Marguerite White and that the said clause shall read as if the name of my said grandson Lynton White had been inserted therein instead of that of my said granddaughter Marguerite White
3. In all other respects I confirm my said will as altered by the codicils thereto heretofore executed by me.
IN WITNESS whereof I have hereunto set my hand this fifth day of May one thousand nine hundred and seven
TIMOTHY WHITE
Signed by the said Timothy White in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses
… SAUNDERS Sall Park
THOS J TEE Solicitor 7 Fredericks Place Old Jewry London

THIS IS A CODICIL to the last will and testament of me TIMOTHY WHITE of Sall Park in the County of Norfolk Esquire which will bears date the twenty sixth day of May one thousand nine hundred and six.
1. I direct that the trustees of my said will shall hold the leashold premises being sixteen houses in Maysoul Road and four houses in Beauchamp Road both at Clapham Junction in the County of London Upon trust to assign the same to my said son Albert Victor St John White for the residue of the term under which I hold the same he covenanting in such assignment to pay the rent reserved by and perform the lessees covenants contained in the lease or leases under which I may hold the same and to indemnify my estate and effects therefrom
2. In all other respects I confirm my said will as altered by any codicil thereto previously executed by me
IN WITNESS whereof I have hereunto set my hand this 1st day of February one thousand nine hundred and eight
TIMOTHY WHITE
Signed by the testator Timothy White as and for a codicil to 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
ERNEST SENDALL Reepham Norfolk
WILLIAM THOS BARBER Sall Park Cawston

On the 18th day of June 1908 Probate of this will with four codicils was granted to Woolmer Rudolph Donati White and John Henry Cox the Executors.