Document Request: Will of Henry James Walton Neville
Document Description: Will of Henry James Walton Neville, transcribed and annotated
Transcription URL: https://richardson.surnametree.com/library/vdocs/D_47#47
Document Transcription:The Will of Henry James Walton Neville
Henry James Walton Neville was a grandson of William Richardson of Gainford, William’s youngest daughter Harriet married James Neville, a Royal Navy Captain, and Henry was their youngest son. He had a successful career as a civil engineer specialising in seaports and breakwaters around the coast of England and Ireland.
The will is ridiculously long-winded, to the extent that the boring bits (dictated via Siri) have not been fully proofread.
The Will, upon close inspection, reveals a few tidbits. There appear to be two illegitimate children, Henry Neville Membury and Clara Neville Cooper, both incorporating his surname and both provided for. His own son, Henry Walton Neville, was born in 1868 and died in the same year, before the first Codicil, so he had no heirs, but at the age of 50 he still hoped to have a child and heir. He left nothing to his elder sister Jane.
On the 28th day of March 1874
the will with two codicils thereto of
Henry James Walton Neville formerly of No 2 Walton Place New Brompton Gillingham in the county of Kent
but late of No. 15 Middleton Park Queenstown in the county of Cork in Ireland, Civil Engineer
deceased who died on the 28th day of January 1874 at No. 15 Middleton Park aforesaid
was proved in the Principal Registry of Her Majesty’s Court of Probate by the Oaths of
Louisa Priscilla Neville of number nine Cromwell Street Plymouth in the County of Devon Widow the Relict, one of the executors named in the said Will and Benjamin James Pain of Haulbowline in the said county of Cork Accountant
the Executor named in the first codicil they having been first sworn duly to administer,
George Henry Salmon the other executor named in the said Will having renounced the Probate and execution of the said Will and codicils.
Effects under £5000
No Leaseholds
This is the last Will and Testament of me Henry James Walton Neville of Number 2 Walton Place, New Brompton in the parish of Gillingham in the county of Kent, Civil Engineer. I appoint my dear wife Louisa Priscilla Neville and my friends George Fisher of Number two Walton Place New Brompton aforesaid Gentleman and George Henry Salmon of Number 2 Montague Villas New Brompton aforesaid Gentleman Executrix and Executors and Trustees of this my Will I give and bequeath to each of them the said George Fisher and Henry Salmon the sum of five pounds as an acknowledgement for the trouble of executing my Will I give and bequeath to my said wife Louisa Priscilla Neville for her absolute use all my wines liquors fuel and other consumable household stores and provisions household furniture plate linen China books papers prints and other household effects belonging to me at my decease and also the legacy or sum of twenty five pounds for her immediate purposes.
I give and bequeath to Henry Neville Membury of number 2 West Place [Walworth] in the county of Surrey the legacy or sum of one hundred pounds sterling free of legacy duty I give and bequeath to my said trustees their executors administrators and assigns the sum of three hundred pounds upon trust to invest the same conformably to the provisions for investment hereinafter contained and to pay the dividends interest and annual produce thereof to Jane Mary Pallot of Number 2 Windsor Terrace Saint Helier Jersey during her life and after her death to stand preferred of the said sum or the stocks funds and securities were on the same may be invested and subject to the provisions for maintenance and advancement hereafter contained to accumulate the yearly income by investment comfortably to the said provision for investment until the daughter of the said Jane Mary Pallot now residing with her and commonly called Clara Cooper shall attain the age of 21 years or die under that age and if she shall attain that age thereupon to transfer to her both the original sums and the accumulations but if she shall die under that age then to transfer to the said JaneMary Pallott the same original funds and the accumulations for her own absolute use and benefit I give and bequeath to my said trustees all the residue of my personal estate and effects upon trust to convert and get in the same as to invest the net monies to arise there from after payment that out of my just debts funeral and testamentary expenses conformably to the provision for investment herein after contained and upon further trust to pay to or permit and empower my said wife to receive the annual income of the said net monies or the stocks funds at securities where on the same may be invested during her life as and when the same shall become but and not by way of anticipation and while revert free from the house debts and engagements of any husband with whom she may intermarry and for which income receipts alone shall be sufficient discharges to my trustees and after her death as to the same monies stocks funds and securities and the annual income the 4th to become but for the same in trust for my child if only out holy or for all my children if more than one in equal shares but if any of them being a son or sons shall be under the age of 21 years or being a daughter or daughters shall be under that age without having been married then in trust as to as well the share originally limited under the preceding trust as the share eventually limited under this executory trust to any and every child so dying for the others and other of my children and if more than one in equal shares but if there shall be no child of mine who being a son shall attain the age of 21 years or being a daughter shall attain that age or marry then as to the same trust monies and the annual income the 4th to arrange but in trust for such person or persons as my said wife was well over or so shall buy any deed or deeds with or without power of revocation and new appointments or by her last will and testament of points and in default of such appointments and subject to any partial appointments in trust for the person or persons who at the decease of my said wife shall be of my blood and of Phil to me and who under the statutes for the distribution of the personal estates of intestates would be entitled to my personal estate if I were to die immediately after the death of my said widow such persons if more than one to take in the proportions prescribed by the same statutes I give and devise all the real estate if any excepts estates vested in me as trustee or mortgagee which I shall be seized off or in titled at my decease to my said wife her as and assigns I direct that all investments of trust monies monies under the trusts or provisions of this my will shall be made by my said trustees in their names in or upon some out or more of the investment securities following that is to say the public stocks or funds or governmental securities of the United Kingdom or any of the stocks funds bonds or securities of any colonies or dependence is that two or upon the bonds the ventures or dementia stock of any railway canal or board company in England authorised by special act of parliament and at the time of the investment thereon respectively paying dividends or of any real or leasehold securities in England such leaseholds having a lot less than 60 years until expiry at the time of the investment their own respectively and I declare that my said trustees may from time to time very all transfers such stocks funds and securities into or for any other of the same or a life nature nevertheless I direct that where any person shall be entitled to receive as owner for life the root of the said trust monies when invested the investment shall not be made or varied without the previous consent in writing of such person I declare that my said trustees shall have power to apply the whole or any part of the annual interest to which each or any object being a minor of the respective trusts and provisions hearing before contained shall be in titled in profession in or towards the maintenance or come to newish and or otherwise for the benefit of such objects during minority and the unapplied income shall be accumulated and the accumulations thereof shall be liable to be applied in like manner and subject to such liability shall be deemed blank to the capital where the same income arose and also power to apply any parts not exceeding one half part of the capital to which such or any object of the same respective trusts and provisions shall be in titled in profession or a version in or towards the establishment or advancement in the world of such objects but so that if the object be entitled in reversion such application shall not be made without the consent in writing of the previous blank I declare that my said trustees shall have a discretionary power to postpone for such period as to them shall seem expedient the conversion or getting in of any part of my residuary personal estate which shall ask Mike to see is consist of shares in public companies or of stocks funds or securities of any description whatsoever but the outstanding personal estate shall be subject to the trusts hearing before contained blank the money and funds and securities aforesaid and the yearly proceeds thereof shall be blank annual income for the purposes of such trusts I devise to my trustees hearing before named all the real states if any which shall at my decease be invested in me as trustee or mortgagee subject to the trusts and equities affecting the same respectively I am per my said trustees to give receipts for all monies and effects to be paid or delivered to them by virtue of my will and declare that such receipts shall exaggerate the persons taking the same from all liability to see to the application disposition of the money or effects there in mention I declare that if my said trustees or either of them shall die in my lifetime or if they for either of them or any person or persons to be appointed under this clause shall after my death die or disclaim or be unwilling incompetent or unfit to execute the trusts of my will or desire to retire from the effort it shall be lawful for the competent trustees or trustee for the time being if any whether refusing or retiring from the affects of trustee or not or if notes for the proofing executors or executor for the time being or the administrators or administrator for the time being of the last surviving or continuing trustee my trust estates shall vest or by proper arts or sciences be invested and that the trustees or trustee for the time being of my will shall be competent to or no to exercise of the powers and discretion is given to the trustees here in named and I exempt every trustee of my will from liability for losses occurring without his own wilful default and authorise him to retain and allow to his co-trustee all expenses incremental to the trusteeship lastly I revoke all other wills in witness whereof I have here unto set my hand this four day of June 1867 – Henry James Walton Neville – signed by the said testate all Henry James Walton level as and for his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have here unto subscribed our names as witnesses Geo Winch Solicitor Chatham- Geo Moss his Clerk
This is the first codicil to the last Will and testament of me Henry James Walton Neville late of number 2 Walton Place New Brompton Gillingham in the county of Kent England and now of Number 15 Middleton Park Queenstown in the County of Cork Ireland Civil Engineer which Will bears the fourth day of June 1867 whereas by my said Will I have devised and bequest certain real and personal estate and given certain powers to my wife Louisa Priscilla Neville and my friends George Fisher of number 2 Walton Place New Brompton aforesaid gentleman and George Henry Simon of number 2 Montague Villers New Road Brompton aforesaid gentleman as trustees and appointed them executors of my will and bequeathed to each of them the said George Fisher and George Henry Simon a legacy of £5 as an acknowledgement for the trouble of executing my will. Now I revoke my said well so far as the said George Fisher is an object there of and substitute Benjamin James Pain of Haulbowline in the county of Cork aforesaid accountant in his place and declare that my Said Will shall take affect in the same manner as if the names of the said Louisa Priscilla Neville George Fisher and George Henry Simon but I confirm my said will in other respects in witness whereof I have here unto set my hand this 18th day of September 1872 – Henry James Walton Neville– signed by the said testator as and for a Codicil
to his last will and testament in the presence of past present at the same time who at his request in his presence and in the presence of each other have here unto subscribed our names as witnesses Donald McFarlane five grahams Terrace Queenstown Island George JBC year six Harringtons Garden Terrace Saint Lukes Cork Ireland.
This is the second codicil to the last Will and testament of me Henry James Walton Neville late of number 2Walton Place New Brompton Gillingham in the county of Kent England and no of number 15 Middleton Park Queenstown in the county of Cork Ireland civil engineer which will bears late the fourth day of June 1867 whereas by myself will after giving and bequeathing certain benefits and pecuniary legacies I have given and bequeath to my trustees there in names all the residue of my personal estate and effects upon trust for sale and conversion and investment of the net monies arising therefrom and upon further trust to pay to my wife Louisa Priscilla the income of the said net monies or the stocks funds and securities were on the same may be invested during her life as hearing mentioned and after her death as to the same monies stocks funds and securities and the annual income that henceforth to become part for the same in trust for my child if only at holy or for all my children if more than one in equal shares but if any of them being a son or sons shall die under the age of 21 years or being a daughter or daughters should die under that page without having been married then in trust as to as well the share originally Ltd under the preceding trust as the share eventually limited and that's executory trust to any and every child so dying for the others and other of my children and if more than one in equal shares but if there should be no child of mine who being a son should attend attain the age of 21 years or being a daughter should attain that age or Mary then as to the same trust monies and the annual income the 4th to accrue but for the same in trust for such person or persons as my said wife should in manner therein mentioned a point and in default of such appointment and subject to any partial appointment in trust for the person or persons who at the decease of my said wife should be of my blood and of kin to me and who under the statutes for the distribution of the personal estates of intestates would be entitled to my personal estate if I were to die immediately after the death of my widow such persons if more than one to take in the proportions prescribed by the same statutes and whereas I am desirous of revoking and I do hear by revoke the set power of appointment given to my said wife in the event of no child of mine attaining a vested interest in my residuary personal estate and I also revert revoke the trust to take effect in default of the exercise of such power of appointment by my said wife in favour of the person or persons who at the fees of my said wife should be of my blood and of kin to me as hereinbefore described or mentioned glue in lieu thereof I do hear by direct and bequeath that in case no child of mine who being a son shall attain the age of 21 years or being a daughter shall attain that age or marry the trustees or trustee for the time being of my will shall stand possessed of the net monies arising from the sale and conversion of my said residuary personal estate all the stocks funds and securities where on the same shall be invested and the annual income the 4th to accrue for the same in trust for such one or more of them my nephews and nieces namely Albert James Walton Neville , FrederickWilliam Neville Ralphe Neville, silver Harriet Elizabeth the wife of Henry Bate and Janet the wife of Lewis Bishop as shall be living at the death of my said wife and the failure of the trust in favour of my set child or children in equal shares and proportions for his her and the absolute use and benefits but in case either of them my set three nephews show die in the lifetime of my said wife or prior to the failure of the trust in favour of my said child or children leaving a widow living at the death of my said wife and senior of the trust in favour of myself child or children then the share of the said trust fund to which such nephew would if living at the period aforesaid have been entitled shall be able by my said trustees interest for such widow for her absolute use and benefit but in case either of my said nephews shall die a widower or leave a widow who shall not become entitled shall be told by my said trustees in trust for such weather for her absolute use and benefits but in case either of my said nephews shall die a widower or leave a widow who shall not become entitled to this share under the trust lastly there in before with maintained or in case close either of my said nieces either of my said nieces show under the trust lastly hearing before contained or in case either of my said niece is so die but in the lifetime of my said wife prior to the failure of the trust in favour of my set child or children and any child or children of such nephew or niece shall be living at the death of my said wife and the failure of the trust in favour of my said child or children then the share of the said trust fund to which the nephew or niece so dying would if living at the period aforesaid have been entitled shall be held by my said trustees in trust for the child if only one or all the children if more than one of such nephew or niece who shall attain the age of 21 years and if more than one in equal shares and in all other respects I confirm my said will and I confirm the first code is still there to in witness whereof I have here unto set my hand this 13th day of January 1873 Henry James Walton Neville signed by the said testate all as and for a second coat of seal to his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have here unto subscribed our names as witnesses Donald McFarlane 5 Graham’s Terrace Queenstown George Sayer 6 Harrington Terrace Saint Lukes, Cork.
Prov’d at London with two codicils 28th of March 1874 by the earths of Louisa Priscilla Neville widow the relict one of the executors named in the first codicil to whom admon was granted George Henry Salmon the other Executor named in the said Will having renounced the probate and execution of the said Will and codicils.
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