I . JAMES CHARLES MABERLY of Hawkley Hurst West Liss in the county of Southampton a retired Lieutenant Colonel in Her Majesty's Army hereby revoke all Wills and Testamentary dispositions heretofore made by me and declare this to be my last Will and Testament. I appoint my wife Norah during her widowhood my brother Thomas Astley Maberly and my friends Augustus Sheppard Churchill and John Yalden Hay EXECUTORS and TRUSTEES of this my Will. And I declare that they and the survivors and survivor of them and the Executors and Administrators of such survivor or other the Trustees or Trustee for the time being are hereinafter called my Trustees. I bequeath the sum of five hundred pounds to my said wife by way of ready money to be paid to her immediately after my decease. I bequeath the sum of fifty pounds to my said brother Thomas Astley Maberly the sum of fifty pounds to the said Augustus Sheppard Churchill and the sum of fifty pounds to the said John Yalden Hay such legacies to be payable whether or not they shall act as such Executors and Trustees and to be paid free of legacy duty. I give all my wearing apparel and all my wines liquors and other consumable stores to my said wife absolutely. And I give all my plate plated articles jewellery watches ornaments and trinkets and all my linen china glass and other household furniture and effects and my carriages horses harnesses and other contents of my stable and all my garden affects except such as shall be otherwise disposed of by this my said Will and any Codicil thereto to my Trustees upon trust to permit my said wife to possess and enjoy the same during her life as long as she will remain my widow and after her death or remarriage whichever shall first happen upon trust as to two third parts thereof for my elder son Charles James Astley Maberly and as to the remaining third part thereof for my younger son Edward Astley Maberly the shares of each to vest on their attaining their respective ages of twenty one years. And I declare that if any difference shall arise as to the mode of division of the said chattels and effects between my said two sons the decision of my Trustees shall be final. I give devise and bequeath to my said son Charles James Astley Maberly his heirs executors administrators and assigns all real and leasehold estates in or near Hawkley aforesaid of which I may be the absolute owner at the time of my death. And I give devise and bequeath to my said son Edward Astley Maberly his heirs executors administrators and assigns all my real and leasehold estate at Cuckfield Sussex. And in case I shall hereafter sell all or any part of my said estate at Cuckfield then I bequeath to him such a sum of money as shall be equivalent to the net proceeds of any such sale or sales after making all proper deductions for the expenses of any such sale or sales. I give devise and bequeath to my Trustees all other my real and personal estate upon trust to sell collect get in and convert the same into money with power to postpone the same for such a period as my Trustees may think desirable and with power also to retain any investments thereof which may be in existence at the time of my death and to stand possessed of the moneys arising therefrom upon trust (after payment thereout of my just debts funeral and testamentary expenses and ___ the duty on such of the legacies as may have been bequeathed free of duty) to invest the same in manner hereinafter authorised and to pay the income thereof unto or permit and empower my said wife to receive the same so long as she shall remain my widow for her own use and from and after her death or remarriage whichever shall first happen ( which remarriage or the previous death of my wife or my death in case she shall die in my lifetime is hereinafter called the date of distribution) then as well as to the capital as to the future income of the trust moneys and investments (hereinafter called my residuary estate). In trust for all my children who being sons shall attain the age of twenty one years or being daughters shall attain that age or marry under that age in such terms and proportions as will make the share of each such son double the share given each daughter but if my residuary estate shall exceed in value at the date of distribution the sum of thirty two thousand pounds then I direct that the amount in exceeding such sum of thirty two thousand pounds shall be divided equally between __ sons share and share alike Provided always And I hereby declare that in and at the date of distribution any child of mine shall under the Will of my father ___ in possession to the "Mytten Estate" devised by the same Will then ___ ___ Mytten Estate shall be ascertained as at the date of distribution as between a willing Vendor and a willing Purchaser and two thirds of the amount of such value or if such two thirds shall exceed the value of the share of such child in my residuary estate then the full value of such share shall be brought in hotchpot by such child before such child shall take any share or so as to prevent such child taking any share (as the case may be ) in my residuary estate. And if at the date of distribution any child of mine shall under the said Will of my father be entitled contingently or otherwise in remainder to the Mytten Estate then the share of such child in my residuary estate shall be retained by my Trustees upon trust until such child dies or comes into possession of the Mytten Estate to pay the income of such share to such child and in such case upon such child coming into possession of the Mytten Estate the value of the Mytten Estate shall be ascertained as aforesaid as at the time of such coming into possession and two thirds of the amount of such value or if such two thirds shall exceed the value of the share of such child in my residuary estate then the full value of such share shall be brought into hotchpot by such child as at the date of such coming into possession before such child shall take any share or so as to prevent such child taking any share (as the case may be) in the capital or any further income of my residuary estate but if any such child shall die after the date of distribution and before coming into possession of the Mytten Estate then the share of such child in my residuary estate shall be held upon trust and subject to the powers herein declared concerning the other shares in my residuary estate. And I declare that the decision of my Trustees as to the amount or method of ascertaining the amount of any valuation herein directed or hereby rendered necessary shall be binding and conclusive upon all parties claiming under this my Will and all amounts hereby directed to be brought into hotchpot shall be held upon trusts herein declared concerning my residuary estate the amount being brought into hotchpot being deducted from (or cancelling as the case may be) the share of the child bringing the amount into hotchpot. Provided also that if any child of mine 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 twentyone years or being a daughter or daughters shall attain that age or marry then and in any such case the lastmentioned child or children shall take (and if more than one equally between them) the share original or accrued in my residuary estate and interest thereon which his her or their parent would have taken if such parent had survived me and attained the age of twentyone years. And I declare that my said Trustees may raise any part or parts not exceeding one moiety of the expectant share of any child or issue under this my Will and apply the same for his or her advancement preferment or benefit in any way my said Trustees shall think fit.And I declare that any moneys liable to be invested under this my Will may be invested in or upon any stocks funds or securities in which cash under the control of the High Court of Justice may be invested or in which Trust as may by law be authorised to invest trust funds and also in Corporation stocks in the United Kingdom and in the stocks or other public funds (not payable to ___) of any Colony or Dependency of the United Kingdom with full power from time to time to vary and transpose any such investments for others of a like nature. And I also declare that the power of appointing new Trustees conferred by Statute shall be vested in my said wife during her life or widowhood. And I declare that any Trustee or Executor in the conduct of the trust business may instead of acting personally may employ and pay an Agent whether being a Solicitor or any other person to transact all business and do all acts required to be done in the trust including the receipt and payment of money. And that any Trustee or Executor being a Solicitor shall be entitled to be paid all usual professional charges for business transacted and acts done by him or any partner of his in connection with the the trusts hereof including acts which a Trustee or Executor not being a Solicitor could have done personally. IN WITNESS whereof I have hereunto set my hand to this my Will contained in this and the the three preceding sheets of paper this thirtieth day of April one thousand nine hundred [J.Charles Maberly] - Signed and acknowledged by the said James Charles Maberly the Testator as and for his last Will and Testament the presence of us both being 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 - [John J Wells] John J. Wells Chemist Lancaster Villa Harrogate - [Elizabeth Wells] Elizabeth Wells Lancaster Villa Harrogate Lodging House Keeper
THIS IS A CODICIL to the last Will of me JAMES CHARLES MABERLY of Hawkley Hurst Liss in the county of Southampton a retired Lieutenant Colonel in Her Majesty's Army. Whereas under the Will of my late uncle Joseph James Maberly my elder son Charles James Astley Maberly will succeed to the Hawkley Hurst Estate And whereas in consequence thereof I am desirous of making some further provision for my younger son Edward Astley Maberly and whereas by my said Will I have directed that any child of mine coming under the Will of my father into possession of the Mytten Estate shall before taking any share of my residuary estate bring into a hotchpot a sum to be ascertained as therein mentioned. And I hereby direct that the sum by my said will directed to be brought into hotchpot shall instead of being brought into hotchpot be paid on the day of distribution to my said son Edward Astley Maberly and I bequeath the same to him accordingly. And in all other respects I confirm the provisions of my said Will. IN WITNESS whereof I have hereunto set my hand this fifth day of November one thousand nine hundred [J Charles Maberly] - Signed by the Testator as a Codicil to his last Will in the presence of us both 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 - [Leonora E. Maberly] Leonora E. Maberly Mytten Cuckfield spinster - [Sarah Carter] Sarah Carter Hawkley Hurst Liss spinster Domestic Servant
ON the 16th day of February 1901 Probate of this Will with a Codicil thereto was granted to Norah Maberly Thomas Astley Maberly Augustus Shepard Churchill and John Yalden May the Executors