Will of George Bynon Smith

This is the Last Will and Testament of me GEORGE BYNON SMITH of 30 High Road Chadwell Heath in the County of Essex Baker and Confectioner.

1. I hereby revoke all previous Wills and testamentary dispositions made by me.

2. I appoint my Sister in Law Laura Harris and Lewis George Peake of Romford in the said County of Essex Solicitor, hereinafter called my Trustees, to be the Executors and Trustees of this my Will.

3. I give devise and bequeath free of duty my freehold dwellinghouse situate and known as Number 26 Arthur Road Chadwell Heath aforesaid to my Sister Minnie Harvey in fee simple absolutely.

4. I give devise and bequeath free of duty my freehold dwellinghouse situate and known as Number 21 Lee Avenue Chadwell Heath aforesaid unto my Trustees upon trust to permit my Sister in Law the said Laura Harris to have the rents and profits thereof during her life, she paying all rates taxes and other outgoings payable in respect of the same and keeping the same in good repair and condition and insuring the same to the full value thereof against loss or damage by fire and such other risks as my Trustees shall from time to time direct. And upon her death I direct that my Trustees shall stand possessed of said property and the income thereof upon trust for her Daughter Kathleen Harris absolutely.

5. I give and bequeath free of duty to the persons next hereinafter named the pecuniary legacies set opposite their respective names that is to say :

To my Sister Nellie Smith the sum of Seven hundred and fifty pounds. To my Sister in Law Emily Rush the sum of Two hundred pounds.

To my employees George Littlechild and Bert Crabb the sum of One hundred pounds each provided that they are still in my service on the date of my death and shall not be under notice to leave either given or received such sum to be in addition to such monies as may be due to them for wages at my death.

6. I give and bequeath free of duty the following charitable legacies for which the receipts of the Treasurers of the respective charities hereinafter mentioned are to be a sufficient discharge that is to say: To the London Hospital Whitechapel Road London E. the sum of Two hundred pounds. To King Georges Hospital Ilford in the said County of Essex the sum of Two hundred pounds.

7. I give free of duty to each of my outdoor and indoor Employees who shall be in my employ at my death and shall have been in my employ for a continuous period of Five years next prior thereto and shall not be under notice to leave either given or received in addition to such monies as may be due to them for wages at my death the sum of Five pounds. And in addition I give to such of my employees who shall have been in my employ for a longer period than five years the sum of Five pounds for every complete year of service in excess of the first five years.

8. I bequeath free of duty to my sister in law the said Laura Harris an annuity of Five pounds per week for her life to commence from my death and to be considered as accruing from day to day but to be paid by equal monthly payments the first payment to be made at the end of one month after my death. From and after the death of the said Laura Harris I direct that the said annuity shall be paid to and received by her Daughter Kathleen Harris until such time as she shall marry in which case the said annuity shall cease.

9. Provided always and I declare that in the event of the said Laura Harris predeceasing me then I give and bequeath the said annuity to her daughter the said Kathleen Harris provided that she maintains and supports her Father in the same manner as her Mother would have done had she been living and in the event of her marriage or her ceasing to maintain and support her Father as aforesaid the said annuity shall cease.

10. I bequeath to my cousin Nellie Matthams of 43 Gordon Road Chadwell Heath aforesaid an annuity of One pound per week for her life to commence from my death and to be considered as accruing from day to day but to be paid by equal monthly payments the first payment to be made at the end of one month after my death.

11. I direct my Trustees to set apart as soon as conveniently may be and invest in their names in any of the investments authorised by law for the investment of trust moneys with power to vary such investments from time to time for others of a like nature such a sum of money as will when invested produce by the income thereof an annual sum equal to the amount of annuities for the time being payable under this my Will and apply the income or if necessary the capital of the fund so appropriated in payment of the said annuities and until such sum shall be so appropriated I charge my residuary personal estate with the said annuities but after appropriation my residuary estate shall thereby be discharged from the said annuities.

12. Subject to the payment of the said annuities the appropriated fund or so much thereof as shall not be resorted to to make up deficiency of income shall fall into and form part of my residuary estate and any surplus income of the appropriated fund shall be applied in the same manner as income of my residuary estate.

13. As each annuity ceases I authorise my Trustees to treat as part of my residuary estate a corresponding part of the appropriated fund retaining only such part thereof as may from time to time in their opinion be sufficient to produce by the income thereof an annual sum equal to the then subsisting annuity.

14. (a) With respect to the business of a Baker and Confectioner now carried on by me at 30 High Road Chadwell Heath aforesaid and branches therefrom or any other business in which I may be engaged at my death I direct my Trustees to dispose of the same as quickly as possible after my death but pending such disposal my Trustees may continue the same and employ therein the whole or any part of the capital which shall be employed therein at my death and also such further part (if any) of my estate as they shall think expedient and with power also to employ managers agents and servants in the conduct of the said business as they shall in their absolute discretion think fit without being answerable for any loss occasioned thereby. (b) During the continuance of such business by my Trustees the net profits arising therefrom shall be applied in like manner as income arising from investments arising from investments representing the proceeds of sale of such business if sold would be applicable.

15. I give devise and bequeath all that real and personal estate not hereby or by any Codicil hereto otherwise specifically disposed of and which I can dispose of by Will in any manner I think proper either as beneficially entitled thereto or under any general power unto my Trustees Upon trust that my Trustees shall sell the said real estate and call in sell and convert into money such part of my personal estate as does not consist of money with power to postpone such sale calling in and conversion for such a period as my Trustees without being liable to account may think proper and shall out of the money to arise from such sale calling in and conversion and out of my ready money pay my debts funeral and testamentary expenses death duties and the legacies hereinbefore bequeathed and the duties thereon and after payment thereof shall stand possessed of my residuary estate and of the investments for the time being representing the same Upon trust for such charitable Institution or Institutions or other charitable object or objects in England as my Trustees may in their absolute discretion select and to be paid to or for such Institutions or objects if more than one in such proportions as my Trustees shall think proper.

16. I direct that where more than one legacy or benefit is given to any person or persons under this my Will the same shall be in addition to any such other legacy or legacies or benefit or benefits as the case may be and not in substitution therefor.

17. I declare that the said Lewis George Peake shall be entitled to be paid free of duty all usual professional or proper charges for business transacted time expended and acts done by him or any partner of his in connection with the trusts hereof including acts which an Executor or Trustee not being in any profession or business could have done personally.

In Witness whereof I have hereunto set my hand to this my Will contained in this and three preceding sheets of paper this Tenth day of January One Thousand Nine Hundred And Thirty Six

G . B . Smith

Signed by the said George Bynon Smith as and for his last Will and Testament in the presence of us both present at the same time who at his request in his presence of each other have hereunto subscribed our names as witnesses

F . J . Gerrey Solicitor Romford

Cyril M . Coleman his Clerk


_____________________________________________________________________ I George Bynon Smith of 30 High Road Chadwell Heath in the County of Essex Baker and Confectioner declare this to be a First Codicil which I make this Twenty Eighth day of July One Thousand Nine Hundred and Thirty Six to my Will which bears date the Tenth day of January One Thousand Nine Hundred and Thirty Six .

1. Whereas by Clause 4 of my said Will I gave devised and bequeathed my freehold dwellinghouse No. 21 Lee Avenue Chadwell Heath aforesaid unto my Trustees upon trust to permit my sister in law Laura Harris to have the rents and profits thereof during her life and after her death to her daughter Kathleen Harris absolutely - And whereas by Clause 8 of my said Will I also bequeathed to the said Laura Harris an annuity of Five pounds per week for her life and after her death to her daughter the said Kathleen Harris until such time as she shall marry and by Clause 9 of my said Will I declared that if the said Laura Harris should predecease me I gave the said annuity to the said Kathleen Harris upon the conditions therein mentioned. Now I hereby revoke all the before mentioned bequests legacies and annuities to the said Laura Harris and her Daughter the said Kathleen Harris contained in Clauses 4 . 8 and 9 of my said Will.

2. Whereas by my said Will I appointed the said Laura Harris to be an Executor and Trustee thereof Now I hereby revoke the appointment of the said Laura Harris as an Executor and Trustee and in lieu thereof I appoint Frederick James Gerrey of 6 Western Road Romford in the said County of Essex Solicitor to be an Executor and Trustee of my Will to act jointly with the other Executor and Trustee named in my said Will.

3. I declare that the said Frederick James Gerrey shall (in addition to the other Executor named in my said Will) be entitled to charge and be paid free of duty all usual professional or proper charges for business transacted time expended and acts done by him or any partner of his in connection with the trusts hereof including acts which an Executor or Trustee not being in any profession or business could have done personally.

Subject as aforesaid I confirm my said Will.

In Witness whereof I have hereunto set my hand the day and year first before written

G . B . Smith

Signed by the said George Bynon Smith as a Codicil for his last Will and Testament in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

Thos. W . Sharpe P . G . Spencer

Clerks with Messrs Mullis & Peake Solicitors Chadwell Heath

Submitter:Bob Cuthill

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