I, FRANK WILLIAM HARDING of “Saddlewood” Leamington Spa in the County of Warwick Gentleman hereby revoke all former Wills and declare this only to be my last Will

1. I APPOINT my Wife ELIZA EVELYN HARDING, WILLIAM ARTHUR COLEMAN of Leamington Spa aforesaid Solicitor and The Midland Bank Executor and Trustee Company Limited (hereinafter called “my Trustees”) to be the EXECUTORS AND TRUSTEES of this my Will.

2. I BEQUEATH to my said wife all my jewellery wearing apparel silver plate glass linen china books pictures household furniture motor cars and all my chattels and effects whatsoever absolutely I also bequeath to her the sum of Two hundred and fifty pounds free of legacy duty to be paid to her within three calendar months of my decease AND I DECLARE that my said wife shall be entitled to reside in and have the use and occupation of my house known as “Saddlewood” 10 Warwick New Road Leamington Spa aforesaid for so long as she thinks fit on payment of a rent to my Trustees of Fifty pounds per annum by equal half yearly payments the first half yearly payment to be made at the expiration of six calendar months from my decease and my said wife keeping the said house in good and tenantable repair and insured against loss or damage by fire

3. I BEQUEATH to the said WILLIAM ARTHUR COLEMAN if he shall act as Executor and Trustee of this my will Two hundred pounds free of legacy duty

4. I DEVISE AND BEQUEATH all the residue of my estate both real and personal whatsoever and wheresoever Unto my Trustees Upon trust to sell and convert into money the same at such time or times and in such manner as they shall think fit and so that they shall have the fullest power and discretion to postpone the sale or conversion of the whole or any part or parts thereof (including property of a terminable or wasting or wearing out nature) during such period as they shall think proper without being responsible for loss And I especially request my Trustees to retain the unsold amounts of my holdings and capital in the Manchester Collieries Limited and Boddingtons Breweries Limited unless they shall at any time see special reason for exercising the trust for sale herein contained AND I DECLARE that the income of such part of my said residuary estate as for the time being shall remain unsold shall from the date of my death be applied as if the same were income arising from investments hereinafter directed to be made of the proceeds of sale thereof and that no reversionary or other property not actually producing income shall be treated as producing income.

5. I DIRECT my Trustees out of the moneys to arise from the sale and conversion of or forming part of my said residuary real and personal estate to pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my Will or any codicil hereto and the duty on any legacies bequeathed free of duty and to invest the residue of the said moneys in or upon any securities hereinafter authorised with power at their discretion to vary such investments into or for others of a like nature

6. I DIRECT my Trustees to stand possessed of the said residuary trust moneys and the investments for the time being representing the same (hereinafter called “the residuary trust fund”) Upon trust out of the income thereof first to pay to my said wife during her life for her separate use without power of anticipation such sum annually as with the income she will receive under the Settlement executed in contemplation of our marriage and dated the twenty fourth day of October One thousand nine hundred and eight will amount to the sum of Two thousand pounds per annum clear of all death duties and income tax but not sur-tax such annual sum to be paid to her by quarterly payments to be as nearly equal as possible the first of such payments to be made at the expiration of three calendar months after my decease and secondly to pay to my game-keeper HERBERT WATERSON of Chelmsley Wood Coleshill in the County of Warwick an annuity of One hundred pounds during his life And from and after his decease to pay to his present wife an annuity of Fifty pounds during her life so long as she shall remain the widow of the said HERBERT WATERSON and thirdly to pay to my cook ANNIE READ an annuity of fifty pounds during her life and I declare that the said annuities shall be conditional upon the said HERBERT WATERSON and ANNIE READ respectively being still in my employ at the time of my death and not then under notice to leave whether given or received and that the said annuities shall be clear of all death duties and shall be paid by equal Quarterly payments the first payment to be made at the expiration of three calendar months from my decease and in the case of the widow of the said HERBERT WATERSON to be made at the expiration of three calendar months from his death And subject to the payment of the said annual sum to my said wife and of the said annuities I DIRECT my Trustees to stand possessed of the residuary trust funds In trust for all my children if any who shall attain the age of twenty one years in equal shares if more than one And in case there shall be no such child I direct my Trustees to stand possessed of the residuary trust funds IN TRUST as to three eighth parts thereof (hereinafter called “the nephews fund”) to pay the income thereof to my nephew ROGER WILLIAM WALKER for his life And from and after his decease Upon trust (both as to capital and income thereof) for all his children who shall attain the age of twenty one years if more than one in equal shares And in case there shall be no such child then my Trustees shall hold the nephews fund upon the same trusts in favour of my niece PHYLIS MARJORY WALKER and her children as are hereinafter by reference declared in respect of the remaining five eighth parts of the residuary trust fund AND I DIRECT my Trustees to stand possessed of the remaining five eighth parts of the residuary trust funds (hereinafter called “the niece’s fund”) Upon the like trusts in favour of the said PHYLIS MARJORY WALKER and her children as are hereinbefore declared concerning the nephews fund in favour of the said ROGER WILLIAM WALKER and his children as if such trusts were herein repeated with the substitution of the name of the said PHYLIS MARJORY WALKER for the said ROGER WILLIAM WALKER save and except that the income of the niece’s fund shall be paid to the said PHYLIS MARJORY WALKER for her sole and separate use without power of anticipation And in case there shall be no child of the said ROGER WILLIAM WALKER or of the said PHYLIS MARJORY WALKER who shall attain the age of twenty one years I DIRECT my Trustees to stand possessed of the residuary trust funds IN TRUST for the Warneford Leamington and South Warwickshire General Hospital and the Royal Midland Counties Home for Incurables Leamington Spa in equal shares for the general purposes of such Hospital and Home respectively AND I DECLARE that the receipts of the respective Treasurers of the said Hospital and Home shall be good discharges to my Trustees

7. I DECLARE that if any person who may become entitled to the income or any part of the income of the residuary trust funds under the provisions of this my Will shall become a member of a Roman Catholic Church then such person shall forfeit all his or her share and interest hereunder and to the income of the residuary trust funds or any part thereof and the said income so forfeited shall thereupon cease to be paid and the provisions of this my Will shall have effect as if such person were then dead

8. I AUTHORISE my Trustees to invest any moneys forming part of my residuary estate in or upon the Government securities of any British Colony or Dependency or upon the Debentures debenture stock rent charge guaranteed or preference stock or shares of any Company in Great Britain incorporated by special Act of Parliament or by Royal Charter or under the Companies Act and paying a dividend on its ordinary stock or shares or upon the securities of any Municipal Corporation County Council or Public or Local Governing Body duly authorised to borrow money or in the purchase of freehold ground rents

9. I DECLARE that the Midland Bank Executor and Trustee Company Limited (hereinafter referred to as the Company) may in either its capacity of Executor or Trustee act by its proper officer or officers who may employ and pay a Solicitor broker or any other agent to transact all or any business required to be done (including the receipt and payment of money) And the Company shall also be entitled to remuneration free from duties in accordance with the scale of fees being in force at the date of this my Will or such other scale (if any) as may be arranged by written agreement between the Company and me And in any case in which a solicitor is employed under the power hereinbefore contained the firm of Wright Hassall & Co. of Leamington Spa shall if possible be employed without prejudice to the right of the company to consult any other solicitor in any case in which it shall think fit to do so And I further declare that if at the time of my death the business of the Company shall have been transferred to or incorporated with that of any other Company my Will shall be read and construed as if the name of such other Company were substituted for that of the Company throughout

10. I ALSO DECLARE that all moneys securities and documents and all documents of title relating to land subject to the trusts hereof shall be under the exclusive custody and control of the Company but so that the other Trustees or Trustee of this my Will shall have all reasonable facilities for periodically inspecting the same as well as any accounts reports and documents relating thereto And that in the case of registered stocks shares or securities the name of the Company shall be placed first in the register of owners of such stocks shares or securities and that all steps shall be taken for ensuring the payment to the Company exclusively or to its nominee for the time being of all dividends and interest thereon and for enabling the Company to exercise all voting and other rights arising therefrom

11. I FURTHER DECLARE that in the case of any difference of opinion between the Company and the other Trustees or Trustee hereof the opinion of the Company shall prevail and that every new appointment of a New Trustee hereof under the power herein contained or under any statutory power shall be subject to the consent in writing of the Company

12. I LASTLY DECLARE that the said WILLIAM ARTHUR COLEMAN or any other Executor and Trustee for the time being hereunder being a Solicitor or other person engaged in any profession or business shall be entitled to charge and be paid his usual professional or other charges for any business done by him or his firm in reference to the administration and winding up of my estate whether in the ordinary course of his profession or business or not

IN WITNESS whereof I have to this and the three preceding sheets of paper set my hand this first day of March One thousand nine hundred and thirty – F W HARDING – Signed by the said FRANK WILLIAM HARDING as and for his last Will in the presence of us both being 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 – RUTH TALBOT – H. MARRIOTT – Clerks to Wright Hassall & Co. Solrs Leamington Spa

 

I, FRANK WILLIAM HARDING of “Saddlewood” Leamington Spa in the County of Warwick Gentleman hereby declare this to be a Codicil to my Will which Will bears date the First day of March One thousand nine hundred and thirty WHEREAS by my said Will (Clause 6) I have directed my Trustees out of the income of the residuary trust funds therein referred to pay to my Gamekeeper HERBERT WATERSON an annuity of One hundred pounds during his life and after his decease to pay to his wife an annuity of Fifty pounds during her life so long as she shall remain his widow such annuities being conditional on the said HERBERT WATERSON being in my employ at the time of my death and not then under notice to leave NOW I HEREBY REVOKE such direction and bequest of such annuities and in lieu thereof I BEQUEATH to the said HERBERT WATERSON a legacy of One thousand pounds free of legacy duty whether he is in my employ or not IN all other respects I confirm my said Will

IN WITNESS whereof I have hereunto set my hand this twenty second day of August One thousand nine hundred and thirty six – F W HARDING – Signed by the said FRANK WILLIAM HARDING as and for a Codicil to his last Will in the presence of us both being 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 – RUTH TALBOT – ALFRED F. OSBORNE – Clerks to Wright Hassall & Co. Solicitors Leamington Spa On the 28 May 1938 Probate of this Will with one codicil thereto was granted at Birmingham