Will of Captain William Henry Lambton of Redfield, 1941 (proved 1943)

Principal Probate Registry

This is the Last Will and Testament of me William Henry Lambton of Redfield Winslow in the County of Buckingham a Captain (Retired) in His Majesty’s Army
1. I revoke all Wills and testamentary dispositions heretofore made by me
2. I appoint my Nephews Malcolm David Erskin [sic] and Thomas Theodore Barnard to be the Executors and Trustees of this my Will and they and the survivor of them and the executors in [sic] administrators of such survivor or other the trustees or trustee for the time being hereof are hereinafter referred to as ‘my Trustees’. And I declare that all benefits hereby given to either of them the said Malcolm David Erskine and Thomas Theodore Barnard are to be taken by him whether he shall prove my Will or not
3. Having been advised that by reason of the death of my brother Ralph Edward Lambton without male issue so much of the freehold estate at Redfield aforesaid which was settled by the Will of my late father Henry Ralph Lambton dated the twenty ninth day of July One thousand eight hundred and eighty seven (which was proved with one Codicil on the fourth day of March One thousand eight hundred and ninety six) as shall remain unsold at my death and the moneys investments and properties which at my death may represent the proceeds of sale of the parts of the said estate sold in my lifetime and such of the family pictures and miniatures which were made heirlooms by such Will as shall remain unsold at my death and the moneys and investments which at my death may represent the proceeds of sale of such of the sale of the said pictures and miniatures as may be sold in my lifetime will if I die without male issue from part of the property of which I can dispose by Will I declare that as I have never been married it is my intention by this Will to dispose of so much of the said estate and such part of the said pictures and miniatures as shall remain unsold at my death and all the said moneys investments and properties as well as all the unsettled property of which I have power to dispose by Will
4. I bequeath free of duty:
(1) To my niece Lavinia Mary Lambton if she shall attain the age of twenty one years or marry under that age the portrait of Lady Persiana Bard by Lely [This was sold by Christie's in 1946 for £105 and later identified as a portrait of Hon. Frances Bard, sold by Sotheby's in 2010; read more]
(2) To the said Thomas Theodore Barnard and his brother Geoffrey in equal shares or if either of them shall predecease me then to whichever of them shall survive me all my plate and plated articles
(3) To my sister-in-law Phyllis Lambton my six Morland prints in number 3 room

[p.2] in my house Redfield aforesaid and the screen in the smoking room at Redfield aforesaid
(4) To my Trustees the following chattels at Redfield aforesaid namely:- my two Plaques of miniatures in the drawing room my picture of Ralph Lambton’s hounds and feeder on the first floor landing my portrait of Lord Harcourt’s Cob with history and little portrait of Lord Harcourt in the Hall and my picture of the Lambton family in Italy Circa 1800 [painting by Augusto Nicodemo; click here for an image] in the big drawing room Upon trust for my nephew Thomas Theodore Barnard for life with remainder Upon trust for the first and every other son of the said Thomas Theodore Barnard successively in remainder one after the other according to their respective seniorities in tale male with remainder Upon trust for my nephew Geoffrey Barnard for life with remainder [the previous clause relating to Thomas Theodore Barnard is then repeated in favour of Geoffrey Barnard] And I direct that Form 3 contained in Part I of the Statutory Will Forms 1925 shall be incorporated in this my Will.
(5) To my Trustees my portraits of my father and mother and my portrait of Ralph John Lambton by Grant Upon trust to give them or any of them to any relative or relatives of mine who shall be willing to accept them or any of them.
(6) To my sister Dorothy the sum of Five hundred pounds and such articles of furniture and other effects of domestic or household use or ornament not hereby otherwise bequeathed as she shall within six calendar months of my death (or such extended period of time as my Trustees shall permit) select from Redfield aforesaid and as in the opinion of my Trustees shall be sufficient to enable her to furnish a small house. And I declare that my Trustees shall have an absolute discretion as to the amount and value of the furniture and effects which my said sister shall be permitted to choose under the provisions of this clause.
(7) To the said Thomas Theodore Barnard the sword presented to Amedée d'Harcourt by the Duke of York and such of my china porcelain and earthen ware as shall remain after the bequest of my sister Dorothy hereinbefore contained shall have been satisfied and as he shall select within six calendar months after my death or such extended period of time as my Trustees may permit.
5. I bequeath free of duty to my Bailiff Garrett Balkwill the sum of One hundred pounds and to my valet Belwood Dean the sum of Two hundred pounds

[p.3] if they respectively shall be in my service at the date of my death and shall not be under notice to leave either given or received. If my said valet shall be serving in the Army at the date of my death he shall be deemed nevertheless to be still in my service unless before my death his service with me shall have terminated otherwise than by his joining the Army
6. I give to my Trustees the sum of Fifteen thousand pounds free of duty upon the trusts hereinafter declared: concerning the same that is to say:-
(i) My Trustees shall invest the said sum of Fifteen thousand pounds in any of the investments hereinafter authorised with power to vary or transpose such investments into or for others of an authorised character
(ii) My Trustees shall pay the income of the said sum of Fifteen thousand pounds or the investments representing the same to the said Phyllis Lambton during her life so long as she shall remain a widow and from and after her death: or remarriage shall pay such income to the said Lavinia Mary Lambton during her life
(ii) From and after the death or remarriage of the said Phyllis Lambton and the death of the said Lavinia Mary Lambton my Trustees shall stand possessed of the capital and future income of the said sum of Fifteen thousand pounds in trust for the issue of the said Lavinia Mary Lambton in such shares and in such manner as she shall by deed or deeds revocable or irrevocable or by Will or Codicil appoint and in default of and subject to any such appointment In trust for such of her children as being male shall attain the age of twenty one years or being female shall attain that age or marry and if more than one in equal shares
7. [The Clause repeats Clause 6 in its entirety and is solely if favour of Lavinia Mary Lambton.]

[p.4] 8. No child of the said Lavinia Mary Lambton who or whose issue shall take any part of either of the said sums of Fifteen thousand pounds or the investments representing the same respectively under any appointment by virtue of either of the powers hereinbefore contained shall in default of appointment to the contrary be entitled to any share of the unappointed part of such sum or the investments representing the same without bringing the share or shares appointed to him or her or to his or her issue into hotchpot[*] and accounting for the same accordingly.

[* In civil and property law, hotchpot is the blending, combining or offsetting of property to ensure equality of a later division of property. The name hotch-pot is taken from a kind of pudding, and is derived from the French word hocher, or "shake." Wikipedia]

9. I devise to the said Malcolm David Erskine my freehold messuages lands and tenements situate and being in the County of Buckingham and known as Roddimore Farm Redhall Farm and Thrift Wood respectively but excluding any timber on the lands devised by this clause which shall have been sold by me in my lifetime and shall not at the time of my death been removed by the Purchaser thereof and the proceeds of sale of such timber and I bequeath to the said Malcolm David Erskine all live and dead farming stock belonging to me which at my death shall be on the lands devised by this clause And I direct that all the death duties which in the absence of this direction would be payable by the said Malcolm David Erskine in respect of the properties devised and bequeathed to him by this clause and also all duties payable by him by reason of this direction and the interest on all the said duties shall be paid as part of my testamentary expenses out of my general estate.
10. I give all the property not otherwise disposed of by this Will to my Trustees Upon trust to sell and call in the same with power to postpone such sale and calling in indefinitely without being responsible for loss.
11. My Trustee shall out of the proceeds of such sale and calling in and out of my ready money pay my funeral and testamentary expenses (including the duties hereinbefore directed to be paid out of my general estate and all estate duty leviable at my death in respect of my residuary estate) and debts and the legacies given by this my Will or any Codicil hereto and all death duties and other moneys which under or by virtue of any direction or bequest free of duty contained in this my Will or any Codicil hereto are payable out of my general estate and also all duties (if any) leviable on my death in respect of any money or other property given or settled by me during my lifetime and the interest on such duties.

[p.5] 12. My Trustees shall stand possessed of the residue of the said moneys (hereinafter called ‘my residuary estate’) In Trust for the said Malcolm David Erskine and the said Lavinia Mary Lambton in equal shares absolutely.
13. The share of my residuary estate hereinbefore given to the said Lavinia Mary Lambton shall not vest absolutely in her but shall be retained by my Trustees Upon trusts similar to and corresponding in all respects with those hereinbefore declared concerning the second sum of Fifteen thousand pounds hereinbefore bequeathed to my Trustees and so that the provisions of Clause 8 hereof shall (mutatis mutandis) apply to such share as they apply to the last mentioned sum of Fifteen thousand pounds.
14. If either of them the said Malcolm David Erskine and Lavinia Mary Lambton shall die in my lifetime (whether before or after the date of this my Will) leaving a child or children living at my death the share or shares whether original or accruing in my residuary estate which he or she would have taken if he or she had survived me shall be held in trust for such of his or her children as being male shall attain the age of twenty one years or being female attain that age or marry and if more than one in equal shares
15. If either of them the said Malcolm David Erskine and Lavinia Mary Lambton shall die in my lifetime without leaving a child who shall attain a vested interest in his or her share of my residuary estate under the trusts hereinbefore contained or if the said Lavinia Mary Lambton shall survive me and afterwards die without leaving any issue who shall attain a vested interest in her said share under the trusts hereinbefore contained then the share in my residuary estate hereinbefore given to him or directed to be held In trust for her and her issue shall as from the cesser of the trusts hereinbefore declared concerning such share go to and accrue to the share in my residuary estate of the other of them the said Malcolm David Erskine and Lavinia Mary Lambton
16. I declare that all benefits given by this my Will to the said Lavinia Mary Lambton are intended to be additional to any benefits which she may take under any settlement of property heretofore made or hereafter to be made by me unless such settlement shall contain any direction to the contrary.
17. My Trustees may invest money liable to be invested under the trusts hereof or any Codicil hereto as follows:
(i) In or on any investments for the time being authorised by law for the investment of trust moneys or
(ii) On real or leasehold securities in England or Wales or Northern Ireland

[p.6] but not in the Irish Free State whether by way of registered charge or otherwise or subject to encumbrances or not such leaseholds having not less than sixty years to run at the time of investment or
(iii) In or on the stocks or securities of India or any British Dominion Colony or Dependency (other than the Irish Free State) or any Province or State thereof having a separate local legislature and forming part thereof or any Foreign Government or State (except Russia) or of any municipal corporation or power gas electric light water dock harbour or public or local authority in England Scotland Wales or Northern Ireland or India or any British Dominion Colony or Dependency (other than the Irish Free State)
(iv) In or on the bonds mortgages debentures or debenture stock of any company public or private incorporated in the United Kingdom or India or any British Dominion Colony or Dependency (other than the Irish Free State) under the Companies Acts or under any Special Acts of the Imperial Parliament or of any General or Special Act of the Legislature of India or any such British Dominion Colony or Dependency or any Province or State thereof or by Royal Charter and whether trading or otherwise carrying on business in Great Britain India or any British Dominion Colony or Dependency or elsewhere or the preference stock or shares of any such company which shall have paid dividends at the rate of at least Three pounds per centum per annum on its Ordinary Stock or Shares for at least three years prior to the date of investment (of which fact a letter purporting to be signed by the Secretary of the Company or by a banker or member of a firm of bankers or by the Secretary or Manager of a joint stock bank or of any branch thereof or by a member of the London Stock Exchange shall be sufficient evidence for
(v) On the security of any life or contingent interest in any real or personal property together with an insurance on the life or other event
with power from time to time to vary or transpose any such investments into or for others of a nature hereby authorised.
18. My Trustees may determine what articles pass under any specific bequest contained in this my Will or any Codicil hereto and whether any moneys are to be considered as capital or income and whether any expenses outgoings or other payments ought to be paid out of capital or income and may apportion blended trust funds and determine all questions and matters of doubt arising in the  execution of the trusts of this my Will or any Codicil hereto and every such determination whether made upon a question actually raised or implied in the acts or proceedings of my Trustees shall be conclusive and binding on all persons claiming hereunder Provided

[p.7] always that neither of my Trustees shall decide or take part in deciding any question or matter of doubt if he shall have a direct or other personal interest in the result of such decision but shall in that case leave the decision to his co Trustee or co Trustees whose decision shall be binding on the Trustee having such interest and on all other persons claiming hereunder.
19. Without fettering in any way the powers of sale herebefore given to my Trustees I recommend them not to sell any Debentures or Common Stock or other securities of the Consolidated Eastern Corporation Limited which shall belong to me but so far as possible to distribute them in specie among the persons entitled to my residuary estate who I hope will also claim them as I anticipate they will increase considerably in value  
In Witness whereof I have to this my Will contained in this and the six preceding sheets of paper set my hand this nineteenth day of March one thousand nine hundred and forty one

William Henry Lambton [signature]

Signed by the said William Henry Lambton the Testator as and for his last Will and Testament in the presence of us bot present at the same time who at his request in his presence and the presence of each other have hereunto subscribed our names as witnesses

Charles Alfred Gannon [signature]
Redfield, Winslow, Bucks
Valet

Prudence Alathea Bagley [signature]
Redfield, Winslow, Bucks
Parlourmaid

---

Grant of probate

In His Majesty’s High Court of Justice.
The Principal Probate Registry. at Llandudno
BE IT KNOWN that William Henry Lambton of Redfield Winslow in the County of Buckingham
died there on the 7th day of May 1943
Domiciled in England

AND BE IT FURTHER KNOWN that at the date hereunder written the last Will and Testament (a copy whereof is hereunto annexed) of the said deceased was proved and registered at the District  Probate Registry of His Majesty’s High Court of Justice and that the Administration of all the Estate which by law devolves to  and vests in the personal representative of the said deceased was granted by the aforesaid Court to  Thomas Theodore Barnardof Furzebrook Wareham in the County of Dorset Lieutenant H.M. Army nephew of deceased one of the executors named in the said Will. Power reserved to the other executor.

And it is hereby certified that an Affidavit for Inland Revenue has been delivered wherein it is shewn that the gross value of the said Estate of Great Britain was (exclusive of what the said deceased may have been possessed of or entitled to as a Trustee and not beneficially) amounts to £96583 - 7 – 0 and the net value of personal estate £68197 - 12 – 3

And it is further certified that it appears by a Receipt signed by an Inland Revenue Officer on the said Affidavit that £17505 - 4 – 2 on account of Estate Duty and Interest on such duty has been paid.

Dated the 28th day of July 1943
H. Coates [signature] Deput. Registrar
Extracted by Radcliffes & Co        10 Little College Street, Westminster S.W.1

See also:

• Redfield