T240
I devise and bequeath all the residue of my real and personal estate whatsoever and wheresoever to which I shall be entitled at my death unto my Trustees UPON TRUST that my Trustees shall sell, call in and convert into money the same or such part thereof as shall not consist of money with power to postpone such sale calling in and conversion for such period as my Trustees shall judge expedient (with particular reference to the shares held by me in Cerebos Ltd) and out of the money so produced and out of my ready money shall pay my funeral and testamentary expenses and debts and the legacies, bequests by this my will or any codicil hereto and all invest the residue of the said moneys in any authorised trust, investments with power from time to time to vary such investments for others of a like nature and shall stand possessed of the residue of such moneys and the investments for/the time being representing the same (herein called “my Residuary Fund”) upon the following trusts:
- UPON TRUST to pay the income thereof to myself wife during her life.
- SUBJECT to the aforesaid life interest of my said wife upon trust to divide the same into five equal parts and to hold the same as to both capital and income thereof:-
- AS to two fifths parts thereof UPON TRUST for my said son Richard George de Fer Byrde absolutely PROVIDED that should my said son predecease me without leaving issue him surviving then I DIRECT that his share shall be held by my Trustees upon the trusts hereinafter set out with regard to the remainder of my Residuary Trust Fund.
- AS to the remaining three fifth parts thereof UPON TRUST for my three remaining children, namely Pamela Morrison Murray and Rachel Olivia Byrde and Christopher Granville Byrde on his attaining the age of twenty one year’s absolutely in equal shares.
- PROVIDED NEVERTHELESS that in case any child of mine has died or shall die in my lifetime leaving issue living at my death who being male attain the age of twenty one years or being female attain that age or previously marry such issue shall stand in the place of such deceased child and take per stirpes and equally between them if more than one the share of my residuary trust fund which such deceased child would have taken if he or she had survived me and had attained a vested interest.
- ANY trustee being a solicitor or other person engaged in any profession or business may be so employed or act and shall be entitled to charge and be paid all professional or other charges or any business or act done by him or by his firm in connection with the trusts hereof including acts which a Trustee could have done personally.
- I DESIRE that my body shall be cremated and my ashes deposited in the family grave of my father and mother in Goytrey Churchyard.
IN WITNESS whereof I have hereunto set my hand to this my WILL contained in this and the preceding sheet of paper this Twentieth day of November One Thousand Nine Hundred and Thirty Nine.
SIGNED by the said Owen Augustus Richard Byrde the testator as
And for his last will in the presence of us both present at the same Owen Richard
Time who at his request in his presence and in the presence of Augustus Byrde
each other have hereunto subscribed our names as witnesses.
C Evans SRC Thomas
The Old Bank House Patson
Abergavenny Park Avenue
Mon – Bank Manager Abergavenny – Bank Clerk