Will of George Davys Edward Wigley, auctioneer, 1903 (proved 1907)
Oxford Probate Registry
I George Davys Edward Wigley of Winslow in the County of Bucks Auctioneer Surveyor Land and Estate Agent hereby revoke all former Wills Codicils and Testamentary instruments made by me and declare this to be my last Will.
1. I appoint my Sons Sidney Prudden Wigley and Herbert Henry Wigley and my Son-in-law George Osborn Executors and Trustees of this my Will.
2. I bequeath all my provisions and consumable stores to my Wife Laura my Diamond Ring to my Son Sidney Prudden and the Watch and chain commonly worn by me to my Son Herbert Henry. I bequeath all my wines and liquors unto and equally between my said Sons Sidney Prudden and Herbert Henry.
3. I bequeath all my furniture plate and plated goods linen china glass books (except books of account) pictures prints musical instruments and all other articles of domestic or household use or ornament and all my plants and garden tools and implements to the said Sons Sidney Prudden Wigley \Herbert/ Henry and George Osborn on trust to permit my Wife Laura to have the use and enjoyment thereof during her widowhood she keeping the same properly insured against fire and in good repair and preservation reasonable wear and tear excepted and after her death or remarriage whichever shall first happen Upon trust to hold the same as part of my residuary estate and I direct that an inventory of the same effects and premises shall be made in duplicate as soon as may be after my death by my Trustees or Trustee at the expense of my estate and that one copy shall be signed by my Trustees or Trustee and kept by my Wife and one copy signed by my Wife shall be retained by my Trustees or Trustee Provided always and I declare that my Trustees or Trustee shall not be concerned during the lifetime of my said Wife to see to the insurance or preservation of the said effects and premises or any of them or be liable for any loss or damage that may happen thereto from any cause whatever Provided always and I declare that it shall be lawful for my Wife at anytime with the consent in writing of my Trustees or Trustee to sell any part of the said
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furniture and effects and I declare that the proceeds of any such sale shall at the option of my Wife either be applied in the purchase of other effects of a like nature to be held upon the same trusts or shall fall into and form part of my residuary estate.
4. I bequeath to my Wife Laura the sum of Fifty pounds to be paid to her within one calendar month after my decease for her immediate requirements To my Son Sidney Prudden the sum of Five hundred pounds To my Son Herbert Henry the sum of Five hundred pounds To my Daughter Jessie Laura the sum of Five hundred pounds To my Groom and Gardener Josiah White if in my service at the time of my death the sum of Twenty pounds and to my Farm Bailiff Newman Phillips if in my Service at the time of my death the sum of Ten pounds and I declare that the legacies to my said Servants Josiah White and Newman Phillips shall be free of legacy duty.
5. I bequeath to my said Sons Sidney Prudden and Herbert Henry as tenants in common in equal shares or if either of them shall have died in my lifetime to the survivor absolutely the goodwill of my business of Auctioneer Surveyor Land and Estate Agent and Stock in trade plant and effects employed therein or belonging thereto including my sale yard and farm yard at Winslow and my sale yard at Fenny Stratford and the benefit of all contracts subsisting in respect of the said business. Provided always and I declare that the person or persons who shall become entitled to my said business under the bequests hereinbefore contained shall pay to the Executors for the general purposes of this my Will Five hundred pounds in respect of my sale yard and farm yard at Winslow and Three hundred pounds in respect of my sale yard at Fenny Stratford when taken over. Provided also that if both my said Sons shall die in my lifetime my said business shall fall into and form part of my residuary estate.
6. I devise and bequeath all my real estate of every tenure and all of my personal estate and effects whatsoever and wheresoever and not hereby otherwise disposed of (including as well real as personal estate over which I may have any general power of appointment or disposition by Will) unto and to the use of the said Sidney Prudden
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Wigley, Herbert Henry Wigley and George Osborn their heirs executors and administrators respectively according to the nature thereof Upon trust that the said Sidney Prudden Wigley, Herbert Henry Wigley and George Osborn or the survivors or survivor of them or other the Trustees or Trustee for the time being of this my Will hereinafter called my Trustees shall sell call in collect and convert into money the said real and personal estate and premises at such times or time and in such manner as they shall think fit (but as to reversionary property not until it falls into possession unless it shall happen to my Trustees that an earlier sale would be beneficial) and so that they shall have the fullest power and discretion to postpone the sale calling in or conversion of the whole or any part or parts of the said premises including leaseholds or other property of a terminable or wearing out nature during such period as they shall think proper without being responsible for loss but I declare that notwithstanding the previous trust no portion of the said real estate shall be sold until the majority of my children shall have signified their consent to such sale in writing but no purchase of any portion of the said real estate shall be affected by this condition And upon further trust that my Trustees shall out of the moneys arising from the sale calling in and conversion of or forming part of my said real and personal estate pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my Will or any Codicil hereto and the duties on any legacies bequeathed free of duty and shall at the discretion of my Trustees invest the residue of the said moneys in the names of my Trustees in or upon any of the stock funds or securities hereinafter authorised and may at such discretion as aforesaid vary or transpose such investments into or for others of any nature hereby authorised.
7. I authorize my Trustees to invest any money forming part of the trust estate under this my Will which may at any time be in their hands and requiring investment in their names and at their discretion in or upon any stocks funds or securities of or guaranteed by the Government of the United Kingdom or of any British Colony or Dependency or in Stock of the Bank of England or the Debentures or Debenture Stock or Guaranteed or Preference Stock or Shares of any Railway or other Company in Great Britain or India
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incorporated by Act of Parliament or Royal Charter and paying a dividend on its Ordinary Stock or Shares or upon real Securities in England but not Ireland and in lending money on any mortgage security my Trustees may accept whatever title or evidence of title shall appear to them sufficient without being answerable for any loss arising thereby.
8. My Trustees shall pay the income of the trust premises representing my residuary estate to my Wife during her widowhood but subject to the obligation during her widowhood of maintaining thereout my Daughter Jessie Laura (if my said Daughter shall so desire) so long as she shall still be a Spinster but without liability to account so long as she shall maintain my said Daughter to the satisfaction of my Trustees. Nevertheless I direct that if during the widowhood of my said Wife my said Daughter Jessie Laura while she shall be a Spinster shall desire to live separate and apart from my said Wife my Trustees shall pay to my said Daughter the sum of One hundred pounds per annum out of the income of the residuary trust premises during the widowhood of my said Wife or for so long a time during such widowhood as my said Daughter shall live separate and apart from my said Wife and shall continue a Spinster and in the event of my Wife marrying again my Trustees shall pay to her during the remainder of her life an annuity of One hundred pounds for her separate use without power of anticipation to be payable by equal quarterly payments and the first thereof to be made at the expiration of three calendar months from her remarriage and subject to the interests of my Wife and Daughter in the said trust premises during the widowhood of my said Wife or to the said annuity in the event of her remarriage as aforesaid my Trustees shall stand possessed of the said trust premises on trust for all or any my children or child if more than one in equal shares.
9. Provided always and I declare that the share in the said trust premises hereinbefore expressed to be given to any Daughter of mine shall not vest absolutely in such Daughter but shall be retained by my Trustees on trust that my Trustees shall during the life of such Daughter pay the income of her said share to her and so that during coverture the same shall be for her separate use
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without power of anticipation and after the death of such Daughter shall hold such share and the future income thereof Upon trust for all or such one or more exclusively of the others or other of the children or remoter issue of such Daughter if more than one in such shares and in such manner in all respects as such Daughter shall by Deed revocable or irrevocable or by Will or Codicil appoint and in default of and subject to any such appointment In trust for all or any the children or child of such Daughter of mine who shall be living at my decease or born afterwards and who being a Son or Sons attain the age of Twenty one years or being a Daughter or Daughters attain that age or marry and if more than one in equal shares Provided always that no child of such Daughter of mine who or whose issue shall take any part of the share of such Daughter of mine under any appointment by virtue of the power hereinbefore contained shall in default of appointment to the contrary be entitled to any share of the unappointed part thereof without bringing the share or shares or interest appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly Provided always that in case the trusts hereinbefore declared concerning the share of such Daughter of mine as aforesaid shall fail then subject to the trusts powers and provisions herein declared and contained or by law vested in my Trustees concerning the same share and to every or any exercise of such powers my Trustees shall hold such share and the income thereof In trust for such person or persons for such purposes and in such manner in all respects as such Daughter shall by Will or Codicil appoint and in default of and subject to any such appointment I declare that such share and any additional share or shares which may accrue or be added by virtue of this present proviso and the income thereof respectively shall go and accrue by way of addition to the share or shares of my other children or child in the said trust premises if more than one in equal shares and proportions and so that the share which shall so accrue and be added to the share of any Daughter of mine shall be held Upon the trusts and subject to the powers and provisions herein declared and contained concerning her original share or as near thereto
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circumstances will admit
10. I declare that if any Daughter of mine shall die in my lifetime then the share or shares whether original or accruing in the said trust premises hereinbefore directed to be held upon trust for such Daughter and her issue or otherwise aforesaid and the income thereof shall be held upon the same trusts and subject to the same powers and provisions as far as capable of taking effect as if such Daughter had died immediately after me.
11. I declare that if any Son mine shall die in my lifetime then the share or shares whether original or accruing in the said trust premises hereinbefore bequeathed in trust for him in the event of him surviving me and the income shall be held in trust for all or any of his children or child who being a Son or Sons shall attain the age of Twenty one years or being a Daughter or Daughters shall attain that age of marry if more than one in equal shares and if there shall be no such child shall grow and accrue by way of addition to the share or shares of my other children or child in he said trust premises if more than one in equal shares and proportions and so that the share will shall so accrue will and be added o the share of any Daughter of mine shall be held upon the trusts and subject to the powers and provisions herein declared and contained concerning her original share or as near thereto as circumstances will admit.
12. I authorise my Trustees after the death or future marriage of my Wife or previously thereto with her consent in writing to raise any part or parts not exceeding in the whole a moiety of the then expectant presumptive or vested share of any child or grandchild of mine in the said trust premises under the trusts hereinbefore contained and to pay or apply the same for the advancement or benefit of such child or grandchild in such manner as my Trustees may think fit
13. I authorise my Trustees during the lifetime of my Wife to raise out of the said trust premises by mortgage deposit of deeds or otherwise the sum of Three thousand pounds and to lend on personal security such sum or any part thereof at interest at the rate of three and a half per cent per annum
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to such of my Sons as shall become entitled to my said business upon such terms and for such period as my said Sons may require and so that my Trustees shall not under any circumstances be liable for the loss of any money so advanced or the interest thereon and I declare that any loan or loans made in pursuance of this clause shall be brought into account at the final distribution of my estate
14. I declare that my said Sons Sidney Prudden and Herbert Henry shall have the option in succession according to seniority of purchasing my residence with its appurtenances other than the sale yard and farm yard situate at Winslow at the price of Two thousand pounds such option to be declared in writing by my Son Sidney Prudden within six calendar months after my death and Herbert Henry within one calendar month after the expiration of the period allowed to my Son Sidney Prudden but that my Trustees shall have power to extend the time so allowed to each or either of my said Sons in case they shall think it reasonable and I direct my Trustees on receipt of payment of the purchase money for the same to assure my said residence and premises to the Son purchasing the same or as he shall direct Provided always that after the said premises shall have been so assured no person claiming under such Son shall be in any manner affected by any irregularity or want of compliance with the provisions hereinbefore contained respecting such successive options as aforesaid.
15. Without prejudice to the option in regard to my residence hereinbefore contained I authorise my two Sons Sidney Prudden and Herbert Henry notwithstanding his being a Trustee of this my Will and also each of my Daughters to purchase any part or parts of my real and personal estate hereinbefore devised and bequeathed in trust as aforesaid at any sale or sales thereof by public auction or private contract provided in the latter case the sale shall be made at a price fixed by some disinterested valuer.
16. I declare that all the net rent profits and income arising from my estate real or personal until the sale calling in and conversion thereof in whatever condition or state the same may
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be and whether consisting of investments of an authorised character or not (including leaseholds or other property of a terminable or wearing out nature) shall for all the purposes of this my Will and as between all persons interested thereunder and as well during the first year after my death aforesaid \afterwards/ be applied as if the same were income arising from the proceeds of such sale calling in or conversion or the investments of such proceeds no part thereof being liable to be retained as capital but that no reversion or other property not actually producing income shall be treated as producing income for the purposes of this my Will
17. I empower my Trustees to manage and cultivate my real and leasehold hereditaments hereinbefore devised and bequeathed to them in trust for sale until the same shall be sold with all the powers in that behalf of absolute owners including power to cut timber and underwoods for sale repairs or otherwise and to repair and insure houses and buildings and to make allowances to and arrangements with tenants and others to accept surrenders of leases and tenancies.
18. I authorise my Trustees at any time or times at their discretion to appropriate any part of my estate whether real or personal hereinbefore devised and bequeathed to my Trustees in trust for conversion in its then actual condition or state of investment in or towards satisfaction of any legacy or share in the said trust premises with power for that purpose conclusively to determine the value of the said trust premises or any part or parts thereof in such manner as they shall think fit.
19. I authorise my Trustees to 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 and how valuations are to be made or value to be determined for the purpose of any case of allotment or appropriation or otherwise and to apportion blended trust funds and to determine all questions and matters of doubt arising in the execution of the trusts of this my Will or any Codicil hereto And I declare that every determination whether made upon a quantum
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actually raised or implied in the acts or proceedings of my Trustees shall be conclusive and binding on all persons interested under this my Will or any Codicil hereto.
20. I declare that my Executors or Executor Trustees or Trustee for the time being shall not be bound in any case to act personally but shall be at full liberty to employ a Solicitor or any other Agent to transact all or any business of whatsoever nature required to be done in the premises including the receipt and payment of money and shall be entitled to be allowed and paid all charges and expenses so incurred and shall not be responsible for the defaults of such Solicitor or Agent or any loss occasioned by his employment.
21. I declare that all the powers authorities and discretions hereby expressed to be vested in or given to the Trustees of this my Will by that or any other description shall be vested in and exercisable by the said Trustees hereby appointed and the survivors or survivor of them or other the Trustee or Trustees for the time being of this my Will and that a sole Trustee for the time being shall be competent to act for all purposes.
In witness whereof I the said George Davys Edward Wigley the Testator have hereunto set my hand this Twenty eighth day of March One thousand nine hundred and three
G.D.E. Wigley [signature]
Signed and declared by the said George Davys Edward Wigley the Testator as and for his last Will in 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 submitted our names as witnesses.
Thos Price Willis [signature] Solicitor, Winslow
Stanley. W. Midgley [signature] his Clerk
On the Fourth day of February 1907. Probate of this Will was granted at Oxford to Sidney Prudden Wigley and Herbert Henry Wigley the Sons and George Osborn the Executors
It is hereby certified the foregoing is a correct copy.
Dated the Fourteenth day of February 1907.
BE IT KNOWN that George Davys Edward Wigley of Winslow in the County of Buckingham, Auctioneer, Surveyor, Land and Estate Agent, who at the time of his death had a fixed place of abode at Winslow aforesaid, within the district of the Counties of Oxford, Berks and Buckingham, died on the 16th of May 1906 at Winslow aforesaid.
AND BE IT FURTHER KNOWN that at the date written hereunder the last will and Testament of the said deceased was proved and registered in the District Probate Registry of His Majesty’s High Court of Justice at Oxford and that 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 Sidney Prudden Wigley and Herbert Henry Wigley both of Winslow aforesaid, Auctioneers, the Sons of the deceased and George Osborn of “Baroco,” Cavendish Avenue in the City and County of Cambridge, Gentleman, the Executors named in he said Will.
Dated the 4th day of February 1907.
Gross value of Estate £13483 – 8 – 7
Debts exceed the value of
the personal estate
[later entry by different hand] Resworn £13,837 – 14 – 1
Extracted by Willis & Willis, Solicitors, Winslow.
Notes
G.D.E. Wigley was the son of the Winslow entrepreneur Henry Wigley. He was born in 1842 and married Laura Prudden in 1866. This was their full family:
- Helena Laura b. & d. 1867
- Jessie Laura b.1869, d.1917
- Winifred Rose b. & d. 1871
- Nellie Beatrice b.1874, m. George Osborn 1901
- Sidney Prudden b.1877; continued the family business as Geo. Wigley & Sons
- Herbert Henry b.1880; killed in World War 1
- Maud b. & d. 1883
He bought Sunny Lawn House (a name which he seems to have invented) in 1864, and was living there by 1867. It became the base of his very successful business, and the grounds were used for Congregational Church entertainments. His widow and unmarried children Jessie and Herbert Henry were living there in 1911. Laura died in 1924, apparently living with her daughter and son-in-law in Cambridge.
