Proved on 7 November 1870
 










I SIR FREDERICK POLLOCK Chief Baron of Her Majesty’s Court of Exchequer revoke all former wills and testamentary dispositions and declare this to be my last Will

I appoint my wife JANE SARAH ANNE AMORAH POLLOCK and my sons GEORGE FREDERICK POLLOCK and CHARLES EDWARD POLLOCK and my son in law JOSEPH WILLIAM CHITTY Executrix and Executors of this my Will and I give the sum of one hundred pounds sterling to each of my executors for his trouble in the execution of the trusts of this my will

I give to my said Wife the sum of seven hundred pounds and fifty pounds for her immediate use to be paid to her within ten days next after my decease And I also give to my said Wife for her absolute use all her jewels trinkets ornaments of her person and paraphernalia and all my horses and carriages with their trappings and all the live and dead stock and garden implements glass china and linen and culinary and other utensils for domestic purposes the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY or such of them as shall be acting in the trusteeship of this my will to be the sole judges or judge of the articles falling within the description of such utensils as aforesaid in and about my residence at Hatton in the County of Middlesex or any other house which shall be my residence at the time of my decease in case I shall cease to reside at Hatton and also any of my wines and spirits which my said wife shall select not exceeding in value in the judgment of my executors one hundred pounds sterling

I give all my household furniture not before disposed of plate paintings engravings and books which at my decease shall be upon or about or appropriated to my said residence at Hatton or any other house which shall be my usual residence at the time of my decease in case I shall cease to reside at Hatton unto the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY their executors administrators and assigns Upon trust that they and the survivors or survivor of them and the executors or administrators of such survivor herein after called the said trustees or trustee shall permit my said Wife to use and enjoy the said furniture and other articles during her widowhood and shall after her decease or second marriage whichever shall first happen be possessed thereof In trust to permit the same to go along with and be used and enjoyed as far as the rules of law and equity will permit by the person or persons who under this my will shall for the time being be in the actual possession of or entitled to the receipt of the rents and profits of the hereditaments hereinafter devised in strict settlement yet so that the same shall not vest absolutely in any person hereby made tenant in tail by purchase of the said hereditaments unless such person shall attain the age of twenty one years And I direct that an inventory shall be made of the said furniture plate paintings engravings and books as soon as may be after my decease and that two copies shall be made of the same that each of them shall be signed by the [ ] for the time being if of full age and by the said trustees or trustee And I direct that the said articles shall be adequately insured against loss by fire so far as the same are capable of being so insured and properly preserved by and at the expense of the [ ] for the time being but nevertheless the fashion and form of the said furniture and place may from time to time be altered the intrinsic value thereof being kept up But I expressly absolve the said trustees or trustee from any obligations to see that the said articles are insured as aforesaid And I exempt them and every of them from all responsibility in respect of any loss which may arise from the noninsurance or inadequate assurance thereof and from all other liability in respect of loss or damage in anyway occasioned to the said articles or any of them I give my mansion house at Hatton aforesaid with the lands gardens and appurtenances which at the time of my death shall be in my occupation in connection therewith and all my Cottages at Hatton aforesaid To the use of my said Wife and her assigns during her life or until she shall marry again she keeping the same several premises in good tenantable repair and also keeping all the buildings insured in three fourths at least of the full value thereof respectively from loss or damage by fire

I give unto my daughter MARY POLLOCK so long during her life as she shall remain a Spinster an annuity of two hundred pounds sterling clear of all deductions except the income tax And I direct that the said annuity of two hundred pounds shall be paid to the said MARY POLLOCK by equal half yearly payments the first half yearly payment to be made on the quarter day next after the expiration of six calendar months from my decease and that a proportionate part of the said annuity shall be payable for the fractional part if any of a half year which shall have elapsed immediately before the [ ] thereof And in case my said daughter shall die a Spinster I direct that the said trustees or trustee shall out of the funds hereinafter made liable to the payment of the legacies hereby bequeathed pay and apply and sum not exceeding two thousand pounds sterling to such person or persons or upon such trusts intents and purposes and in such manner as she shall by her will or any codicil thereto appoint In case my said daughter MARY POLLOCK shall marry I give to her the sum of four thousand pounds sterling to be paid on the day of her marriage Provided always that if I shall in my lifetime give or advance to my said daughter MARY any sum or sums of money exceeding one hundred pounds at any one time the aggregate amount of such advances shall be deducted from the said sums of two thousand pounds or four thousand pounds whichever of them shall in the events that may happen become payable and the said annuity of two hundred pounds shall be reduced by three pounds per centum per annum upon the aggregate amount of such advances except so far in all such cases as I shall by any memorandum or account book have intimated an intention to the contrary

I do not make any provision by this my will for any of the children of my first marriage other than the said MARY POLLOCK because I consider that they are already sufficiently provided for

I give to ARTHUR JULIUS POLLOCK the eldest son of my second marriage the sum of three thousand pounds sterling to be paid at the expiration of twelve calendar months next after my decease with interest thereon after the rate of four pounds per cent per annum from the day of my decease Provided always that if I shall in my lifetime give or advance to my said son ARTHUR JULIUS any sum or sums of money exceeding one hundred pounds at any one time the aggregate amount of such advances shall be deducted from the legacy of three thousand pounds bequeathed to him my said son ARTHUR JULIUS as aforesaid except so far as I shall in any Memorandum or Account Book have intimated an intention to the contrary

I give to each of the children of my second marriage other than my said son ARTHUR JULIUS and other than my daughter JESSE the wife of the said JOSEPH WILLIAM CHITTY whom I have already otherwise provided for who had attained or shall attain the age of twenty one years or marry under that age in my lifetime or shall attain that age or marry with the previous consent in writing of his or her guardians or guardian for the time being after my decease the sum of five thousand pounds sterling part of each such sum namely two thousand pounds with interest on such lastmentioned sum from the day of my decease at the rate of four pounds per cent per annum to be paid to the child entitled thereto subject however to the further provisoes hereinafter contained respecting my daughters portions at the expiration of twelve calendar months next after my decease if such child shall have attained the age of twenty one years or married in my lifetime but if not then at the expiration of twelve calendar months next after my decease whichever shall last happen on the day on which her or she shall attain the age of twenty one years or marry under that age with such consent aforesaid and the remaining part of each such sum namely three thousand pounds to be paid to the child entitled thereto but subject as aforesaid in regard to my daughters fortunes at the expiration of six calendar months next after my decease if I shall survive my said wife or next after the decease or second marriage of my said wife whichever shall first happen if I shall die in the lifetime of my said Wife if such child shall have then attained the age of twenty one years or married but if not then on the day on which he or she shall attain the age of twenty one years or marry under that age with such consent as aforesaid whichever shall first happen save and except that as regards an legacy hereby given to my said Son EDWARD he shall not be entitled to receive the principal thereof until he shall attain the age of twenty five years but on his death under that age without leaving any wife or child him surviving such legacy shall sink into and form part of my residuary personal estate and be disposed of accordingly but this provision shall be without prejudice to the right of my said son EDWARD to be paid such interest in respect of his legacy as he would have been entitled to if this provision had not been herein inserted And I expressly declare that notwithstanding anything hereinbefore contained the last mentioned part of the sum of five thousand pounds hereby given to each of my younger children by my second marriage other than my said son ARTHUR JULIUS and my said daughter JESSE but including my said son EDWARD namely the said sum of three thousand pounds or any part thereof shall be raiseable and payable during the life and widowhood of my said Wife if she on the occasion of or after the marriage of any such child being a daughter or as regards my said son EDWARD or any other occasion shall so direct by writing under her hand And I direct that the sums to which any of my children being daughters shall become entitled under the bequest last aforesaid shall be retained by the said trustees or trustee on the trusts hereinafter declared And I direct that during the minority and discoverture of any child of mine presumptively entitled to a legacy under the bequest lastaforesaid interest for the same after the rate of found pounds per cent per annum shall be paid to my said wife during her life and widowhood to be applied by her towards the maintenance and education of such child but without any liability on her part to account for the application thereof and after her decease or second marriage such interest or such part thereof as the said trustees or trustee shall think proper shall be applied by them or him in or towards the maintenance and education of such child and the unapplied residue of such interest shall be accumulated in the way of compound interest by investment on any of the stocks funds or securities hereinafter authorised for purposes of investment by way of augmentation of the principal legacy And I declare that the provisions hereby made for the children of my second marriage are intended to be in addition to the provisions made for them respectively by the settlement made on my marriage with their mother

I appoint devise and bequeath all my freehold houses in or near St Martins Lane in the parish of St Martin in the Fields in the County of Middlesex and all the personal estate of which I am competent either in respect of interest or by force of any power or otherwise to dispose of and which is not hereby otherwise disposed unto and to the use of the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY their heirs executors administrators and assigns respectively Upon trust to dispose thereof as hereinafter directed I direct that the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY or the survivors or survivor of them and the heirs or assigns of such survivor shall at such time or times after my decease as they or he shall judge expedient sell the said freehold messuages and premises hereinbefore devised and bequeathed by public or private sale and altogether or in lots and either subject or not to special conditions with power to buy in resell and vary the terms of contracts and hold the produce of such sale on the trusts hereinafter expressed And shall in the meantime let from year to year or for a term of years upon building repairing or improving or other leases or agreements the said hereditaments and manage generally the affairs thereof at their or his discretion And I direct that the said trustees or trustee shall convert and get in my residuary personal property not consisting of ready money at such time or times and in such manner as they or he shall think most expedient and shall hold and apply the monies produced thereby and the ready money of which I shall be possessed Upon the trusts hereinafter declared And I declare that the yearly produce of my said real and personal estate devised and bequeathed as aforesaid until the conversion thereof shall as from the day of my decease be considered as the income thereof for the purposes of the trusts and provisions hereinafter contained and be applied accordingly And I direct that the said trustees or trustee shall with and out of the money to arise from the sale and conversion respectively directed to be made as aforesaid and the ready money of which I shall die possessed pay and discharge all my just debts and funeral and testamentary expenses and the costs and expenses to be incurred in or about the execution of the trusts aforesaid or in relation thereto and such of the legacies bequeathed by this my will or any codicil hereto as shall be actually payable for the time being and do and shall invest the residue of the said monies in their or his names or name in or upon any of the parliamentary stocks or public funds of Great Britain or at interest upon Government or Real Securities in England Wales or Ireland or debenture stocks of the Great Northern and London and South Western Railway Companies or either of them with power from time to time at their or his discretion to vary the stocks funds or securities into or for others of any of the natures last aforesaid and do and shall be possessed of the said money to arise from the sales and conversions respectively directed as aforesaid and the ready money of which I shall die possessed and the stocks funds and securities which may from time to time represent the aforesaid several funds or any of them all hereinafter designated as the said residuary personal estate Upon trust that the said trustees or trustee do and shall receive the annual produce thereof from time to time as and when the same shall become payable and with and out of the same pay the said annuity of two hundred pounds hereinbefore bequeathed as aforesaid and the interest which shall from time to time be payable in respect of the legacies hereinbefore bequeathed as aforesaid until the said legacies respectively shall become payable and do and shall from time to time during the life and widowhood of my said wife pay all the surplus which after answering the trusts aforesaid shall remain of the annual produce of the said residuary personal estate unto or permit the same to be received by my said wife for her own use And do and shall from time to time when and as the legacies hereby bequeathed and which I shall bequeath by any Codicil hereto or any of them shall become payable by sale or other conversion into money of the said residuary personal estate or a sufficient part thereof levy and raise so much money as shall be sufficient to discharge the legacy or legacies respectively which shall have become payable and apply the same money in satisfaction of such legacy or legacies accordingly notwithstanding the direction hereinbefore contained for payment of the said annuity and interest and surplus annual produce respectively as aforesaid and so long after the decease or second marriage of my said wife as any of the legacies hereby bequeathed or which I shall bequeath by any Codicil hereto and which may not have lapsed shall remain unpaid do and shall accumulate in the way of compound interest by investments on any of the hereby authorised stocks funds or securities all such part if any of the annual produce of the said residuary personal estate as may remain after payment of the said annuity and interest monies under the aforesaid direction in that behalf and if after payment of all the aforesaid legacies which shall eventually become payable there shall be any residue of the said residuary personal estate and accumulations I direct that the same subject to the payment of the said annuity while the same shall continue payable shall after the decease or second marriage of my said wife go and be in trust for the person who at my decease shall become entitled to the first estate of freehold whether for life or in tail under the limitations of this my will of and in the hereditaments hereinafter devised in strict settlement for the absolute use and benefit of such person And I declare that the legacy or sum to which each or any daughter of my second marriage shall become entitled as aforesaid shall be held by the said trustees or trustee with such power of investment and variation of securities as aforesaid but so that such power shall not be exercised without the consent in writing of the person for the time being entitled to the annual produce of the fund whilst there shall be any such person living who shall be of the age of twenty one years or upwards In trust to pay the income thereof so long during her life as she shall be a Spinster and my said wife shall be living and a widow to my said wife to the intent that the same may be applied by her for or towards the maintenance of such daughter but without any obligation on the part of my said Wife to account for the application thereof and subject as aforesaid In trust to pay the income of the legacy or sum of each such daughter to her for her separate and inalienable use during her life and after her decease In trust for all or any one or more of her children at such times and in such manner in all respects as she shall at any time or times whether married or not by any deed revocable or irrevocable or by her will or any testamentary writing appoint and in default of appointment In trust for her children who shall be living at her decease and who being sons shall attain the age of twenty one years or being daughters shall attain that age or marry and if more than one in equal shares And in default of such children as to any part or share of such legacy or sum not exceeding two thousand pounds sterling in amount or value In trust for such persons as she whether married or not shall by will or codicil appoint and as to the entirety of the said legacy or sum subject to and for default of appointment under the power hereinbefore given to appoint a part thereof I direct that the same shall fall into and be considered part of my general residuary personal estate and be disposed of accordingly Provided that no child of any of my said daughters who shall become entitled under any appointment to be made as aforesaid shall take or be entitled to any share of the unappointed part of the fund without bringing his or her appointed share into hotchpot unless the appointor shall declare a contrary intention in writing Provided always and I hereby declare my will to be that notwithstanding any of the trusts hereinbefore declared it should it shall be lawful for such of my daughters when married notwithstanding their coverture by will or codicil to appoint that all or any part of the annual produce of her said fund shall from and after her decease be paid to her husband during his life or for any less period nevertheless not so as thereby to revoke or prejudice any appointment which she may have previously made by deed in favour of any child or children under the power aforesaid and which appointment by deed shall not have provided for the exercise of this testamentary power Provided always and I hereby direct that as to all or any part or share of any trust monies stocks funds or securities to which any minor shall for the time being be entitled in immediate expectancy on attaining the age of twenty one year or on attaining that age or marrying under or by virtue of the trusts last aforesaid or under or by virtue of any appointment to be made in exercise of any power hereby given but without prejudice to any such appointment the said trustees or trustee shall apply the whole or such part as they or he shall think fit of the annual produce thereof for or towards the maintenance or education of such minor until if a male he shall attain the age of twenty one years or if a female she shall attain that age or marry And that the said trustees or trustee either may themselves or himself so pay or apply the same or may pay the same to the Guardian or Guardians of such minor or any other person or persons for the purposes aforesaid without seeing to the application thereof or being bound to enquire whether the maintenance of such minor is or ought to be otherwise provided for And shall during such minority as lastly aforesaid accumulate all the residue if any of the same annual produce in the way of compound interest by investing the same and all the resulting income thereof from time to time in or upon any of the stocks funds or securities hereinbefore mentioned for purposes of investment with power to vary the securities at their or his discretion And I declare that each such accumulated fund shall be added to the principal fund or share from which the same respectively shall have proceeded and be considered part thereof yet so that the said trustees or trustee shall have power to resort to the accumulation of any preceding year or years and to apply the same for or towards the maintenance or education of the person or persons for the time being presumptively entitled to the same Provided also and I hereby further declare that it shall be lawful for the said trustees or trustee at any time or times after my decease to raise any part or parts not exceeding in the whole one half of the then expectant or presumptive or then vested portion or share of any person under or by virtue of any of the trusts powers or authorities herein contained with reference to the legacies of my daughters or to be contained in any appointment to be made in pursuance of any power herein contained but without prejudice to any specific direction to be contained in any such appointment and pay or apply the same for his or her advancement or benefit as the said trustees or trustee shall think fit Provided always that no such advancement shall be made of the capital of any trust monies stocks funds or securities whereof the income shall for the time being be payable to any person for life or for any less period under any of the trust powers or authorities aforesaid without the consent in writing of each such person

I give and devise and appoint my mansion house and estate at Hatton aforesaid subject to the estate hereinbefore devised to my said wife in part thereof during her widowhood and my estate in the parish of Hanworth in the County of Middlesex and also all my houses land and hereditaments in the parishes of Feltham Isleworth Twickenham East Bedfont Heston and Hammondsworth respectively except such part of the said estates respectively or any of them as are of copyhold or customary tenure and including in this devise the freehold hereditaments which I have purchased in the name of my said wife which I direct shall be conveyed to her in accordance with this devise at the expense of the devised estate and also all other my freehold estates not hereby otherwise disposed of To the uses hereinafter expressed that is to say To the use of the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY their executors administrators and assigns for the term of five hundred years to be computed from the day of my decease without impeachment of waste Nevertheless upon and for the trusts intents and purpose hereinafter expressed concerning the same And after the determination of the said term of five hundred years and in the meantime subject thereto and to the trusts thereof To the use of my eldest son WILLIAM FREDERICK POLLOCK and his assigns during his life without impeachment of waste And after his decease to the use of FREDERICK POLLOCK the eldest son of the said WILLIAM FREDERICK POLLOCK and his assigns during his life without impeachment of waste And after the decease of the said FREDERICK POLLOCK To the use of his first and other sons successively according to seniority in tail male And in default of such issue To the use of WALTER POLLOCK the Second son of the WILLIAM FREDERICK POLLOCK and his assigns during his life without impeachment of waste And after the decease of the said WALTER POLLOCK To the use of his first and other sons successively according to seniority in tail male And in default of such issue To the use of [ ] POLLOCK the third son of the said WILLIAM FREDERICK POLLOCK and his assigns during his life without impeachment of waste and after the decease of the said [ ] POLLOCK To the use of his first and other sons successively according to seniority in tail male and in default of such issue To the use of each son of the said WILLIAM FREDERICK POLLOCK hereafter to be born in my lifetime and his assigns during the life of such son without impeachment of waste with remainder To the use of his first and other sons successively in tail male so that the elder of such sons and his first and other sons and the heirs male of their respective bodies shall be preferred to the younger of such sons and his and their first and other sons and the heirs male of their respective bodies And in default of such issue To the use of the son and sons of the said WILLIAM FREDERICK POLLOCK to be born after my decease successively according to seniority in tail male and in default of such issue To the use of my own right heirs Provided always and I hereby declare my will to be that if any person who under or by virtue of this my will would if this proviso had not been herein inserted for the time being be entitled to the possession or receipt of the rents and profits of the said hereditaments and premises hereinbefore devised in settlement as tenant for life or as tenant in tail male by purchase shall under the age of twenty one years then and in such case and so often as the same shall happen the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY and the survivors or survivor of them and the executors or administrators of such survivor shall enter into the possession or receipt of the rents and profits of the same hereditaments and premises And shall during the minority of such tenant for life or tenant in tail male by purchase continue in such possession or receipt of rents and profits and manage or superintend the management of the same hereditaments and premises with full power to fell timber or rut underwood from time to time in the usual course for sale or for repairs or otherwise and erect pull down and repair houses and other buildings and erections and to drain or otherwise improve all or any of the said hereditaments and premises and to insure houses buildings or other property against loss or damage by fire and to make allowances to and arrangements with tenants and others to accept surrenders of leases and tenures and generally to deal with the premises as they or he might be if they or he were the absolute owners or owner thereof And shall from time to time during such minority by and out of the rents and profits of the said hereditaments and premises including the produce of the sale of timber and underwood pay and discharge the expenses incurred in or about such management or in the exercise of any of the powers aforesaid or otherwise in respect of the premises and all outgoings not payable by any tenant or other person and keep down any annual sum which may for the time being be charged upon the same premises or any part thereof and the interest of any principal sum which may be charged by way of mortgage or otherwise upon the same premises or any part thereof and apply any sum or sums which they or he shall think proper according to the age of such minor in or towards the maintenance or education of such minor and invest the residue of such rents and profits in their or his names or name in or upon any of the parliamentary stocks or public funds of Great Britain or at interest upon Government or real securities in England Wales or Ireland to be from time to time varied if to them or him shall seem meet or accumulate the annual produce of the said stocks funds and securities in the way of compound interest by from time to time similarly investing the same and all resulting income thereof And shall stand possessed of the said rents and profits of the said original and accumulated stocks funds and securities and the annual produce thereof Upon the trusts following that is to say If the tenant for life or tenant in tail male by purchase during whose minority the said rents and profits shall have been accumulated as aforesaid shall attain the age of twenty one years or shall die under that age leaving issue entitled or inheritable under the limitations hereinbefore contained then upon trust to pay transfer or assign the same to such tenant for life or tenant in tail his or her executors or administrators as personal estate But if such tenant for life or tenant in tail male shall die under the age of twenty one years without leaving issue entitled or inheritable under the limitations hereinbefore contained Upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations upon for with under and subject to which the monies to arise from a sale of the said hereditaments under the power hereinbefore contained ought to be held applied and disposed of in accordance with the provisions of the Act of Parliament made applicable thereto

And I hereby declare my will to be that the said hereditaments and premises are hereinbefore limited to the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY their executors administrators and assigns for the said term of five hundred years Upon trust that the said trustees or trustee shall by mortgaging selling or otherwise disposing of the said hereditaments and premises or any of them for the whole or any part of the said term of five hundred years or by with and out of the rents and profits of the said hereditaments and premises or any of them or by bringing Actions against the tenants or occupiers of the same premises or any of them for the rents then in arrear or by more than one or by all of the aforesaid ways and means or by any other reasonable ways and means levy and raise any sum or sums of money which the said trustees or trustee shall in their or his discretion think fit or expedient to levy and raise for the payment of my funeral and testamentary expenses and debts and the legacies annuity and sums of money which I give by this my will or any codicil or codicils hereto and the interest hereby made payable in respect of any legacies hereby bequeathed And I hereby declare my will to be that the said trustees or trustee shall pay and apply the monies to be levied and raised by the ways and means aforesaid or any of them in or towards the payment satisfaction and discharge of the said funeral and testamentary expenses debts and legacies and annuities and sums of money and interest accordingly And I do hereby declare that the purchaser mortgagee or other person or persons paying or advancing any money to the said trustees or trustee under the trust aforesaid shall not be in anywise bound or concerned to ascertain or enquire whether my personal estate or any part thereof shall have been previously applied towards the payment of the said funeral and testamentary expenses debts annuity and legacies and interest or whether the money proposed to be levied and raised is actually wanted for the purposes aforesaid or any of them Provided nevertheless and I hereby declare my will to be that although as between strangers and the said trustees or trustee and as between the said trustees or trustee and the persons claiming under this my will both or either of the said funds may be resorted to as the said trustees or trustee shall think fit yet as between the person or persons entitled to my residuary personal estate and the persons entitled to the real estate hereinbefore devised in settlement my residuary personal estate is to be considered as the primary funds and the said term of five hundred years as the secondary fund for the payment of the said funeral and testamentary expenses debts annuity and legacies and interest and therefore if the said real estate shall be first resorted to the said residuary personal estate shall so far as the same shall extend make good the money to be raised out of the said real estate and be applied in exoneration thereof And I declare that subject and without prejudice to the trusts aforesaid the said trustees or trustee shall during the life and widowhood of my said wife receive all the rents and profits of the said hereditaments comprised in the said term and after making or allowing thereout all such payments as under the trusts and provisions of this my will ought to be paid out of the income of the said hereditaments and all ordinary outgoings for repairs and taxes and otherwise which may not be payable by any tenant or tenants pay and apply the surplus of the said rents and profits as follows that is to say So long as the said surplus in any year shall not together with any income which my said wife shall in or for that year receive from my residuary personal estate under the trust hereinbefore declared for her benefit of the surplus annual produce of such estate exceed the sum of two thousand five hundred pounds to my said wife for her own absolute use And when and as often as the said surplus shall in any year together with such other income as aforesaid exceed the sum of two thousand five hundred pounds to my said wife for her own absolute use And as to the residue of such surplus to the person and in the manner to or in which the same would be payable or applicable if my said wife were then dead Provided always and I declare my will to be that notwithstanding any of the trusts or provisions hereinbefore contained with reference to the raising or payment of the legacies hereby bequeathed it shall be lawful for the said trustees or trustee so far as regards any principal sum for the time being raiseable for the benefit of any of my daughters if the said trustees or trustee shall think proper so to do to refrain from actually raising the same or any part thereof until some person or persons shall have become entitled to an absolute and indefeazible interest in the [ ] thereof and during the suspense of the raising thereof each such sum shall carry interest at the rate of four pounds per rent per annum Provided always and I hereby declare my will to be that when the trusts fully performed or satisfied or have become unnecessary or incapable of taking effect and the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY and each of them their and each of their executors and administrators shall have been fully reimbursed and satisfied all costs charges and expenses if any to be occasioned by or relating to the trusts hereby reposed in them as aforesaid and which they are hereby authorised and empowered to levy and raise by all or any of the way and means aforesaid or by any other reasonable ways or means and to retain accordingly the said term of five hundred years shall subject and without prejudice to any disposition which shall have been made of the premises comprised therein or any part thereof in pursuance of the trusts aforesaid absolutely cease and determine Provided always and I hereby declare that it shall be lawful for the said WILLIAM FREDERICK POLLOCK during his life and after his decease for all other persons hereby made tenants for life of the hereditaments hereby devised in settlement as and when by virtue of the limitations herein contained they respectively shall be for the time being in the actual possession of or entitled to the rents and profits of the said hereditaments hereby devised in settlement and for the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY and the survivors and survivor of them and the executors or administrators of such survivor at their or his discretion during the minority or respective minorities of any person hereby made tenant for life or in tail male by purchase who for the time being shall or if of full age would under the limitations herein contained be entitled to the actual possession or to the receipt of the rents and profits of the hereditaments hereby devised in settlement by any deed or deeds to demise or lease all or any part of the said hereditaments to any person or persons as hereinafter mentioned that is to say for any term of years not exceed ninety nine years for the purposes of building or repairing messuages or buildings or of making improvements for any term of years not exceeding sixty years for making sinking searching for or working mines mineral or quarries whether opened or unopened or for digging clay sand or gravel for the purpose of making bricks pots tiles or other products and for any term of years not exceeding twenty one years for the common purposes of occupation or husbandry all such demises or leases to take effect in possession and not in reversion and so as there be reserved on every such demise or lease the best yearly rent or duty or yearly rents or duties that can be reasonably had for the same without taking any premium fine or foregift for the same beyond the improvements under taken by the lessee or lessees save that on the granting of any lease for building purposes or purposes of improvement a peppercorn rent or any smaller rent than the rent ultimately to become payable may be reserved during all or any of the first five years of the term and so as in every such demise or lease there be contained a change in the nature of a condition of reentry for nonpayment within a reasonable time of the rent or rents duty or duties to be thereby reserved and on the breach or nonpayment on the part of the lessee or lessees of the covenants to be therein contained and as no clause be contained in such demises or leases giving power to any lessee or lessees to commit waste or exempting him or them from punishment for committing waste except such powers or liberties to be inserted in such demises or leases for the purposes of building repairing or mining as may be deemed necessary or expedient to be granted and so as the respective lessees do execute Counterparts of their respective demises or leases And on granting any building or improving leases or any leases of mines and minerals or preparatory thereto grounds may be laid out and appropriated for roads paths sewers approaches accesses and other communications and for pleasure or ornamental grounds with rights and liberties to the lessees their executors administrators and assigns of enjoying the easements and privileges of such roads paths sewers approaches accesses communications pleasure and ornamental grounds on such terms and in such manner as the lessor or lessors shall think fit to specify And further that for the purpose of enabling building or improving leases of any part of the said hereditaments and premises to be granted more advantageously it shall be lawful for the person or persons for the time being hereby empowered to grant leases if he or they shall think proper from time to time to enter into agreements for granting such building or improving leases as aforesaid on such terms as he or they shall think reasonable and as shall be usual in such cases and to accept surrenders of such agreements and to enter into new agreements respecting the same lands and hereditaments Provided also that it shall be lawful for the person or persons for the time being hereby empowered to grant leases as aforesaid and to accept surrenders of existing leases so that no consideration be taken for the acceptance thereof but no increased rent to be recovered in any lease to be granted on or after the acceptance of such surrender shall be deemed a consideration within the meaning of this proviso Provided that no lease shall be made under the aforesaid power during the widowhood of my said wife of the mansion house and premises hereinbefore devised to her during her widowhood as aforesaid or any part thereof without her consent in writing Provided always and I hereby declare my will to be that it shall be lawful for the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY and the survivors and survivor of them and the executors or administrators of such survivor during the life of any person hereby made tenant for life who subject to the trusts of the said term of five hundred years shall under this my will be for the time being entitled to the possession or to the receipt of the rents and profits of the said hereditaments and premises hereinbefore devised in strict settlement with his consent in writing if he shall be of full age and also during the minority of any person hereby made tenant for life or in tail male by purchase who shall or if of full age would for the time being be entitled to the possession or to the receipt of the rents and profits of the same premises at the discretion of the said trustees or trustee but this power is not to be exercised during the widowhood of my said wife in respect of the mansion house and premises hereinbefore devised to her during her widowhood as aforesaid or in respect of any part thereof except subject to her interest therein unless she shall consent thereto in writing to dispose of and convey either by way of absolute sale or in exchange for other manors lands or hereditaments of freehold leasehold or copyhold tenure to be situated somewhere in England or Wales all or any part of the said hereditaments hereinbefore devised in settlement and the inheritance thereof in fee simple but each sale or exchange to be made subject and without prejudice to any lease or leases which may have been granted under any of the powers of leasing hereinbefore contained and to any mortgage or mortgages or other dispositions which may have been made under the trusts of the said term of five hundred years And I declare that until the money arising by such sale or sales or to be received for equality of exchange as aforesaid shall be disposed of in the purchase of lands or other hereditaments it shall be lawful for the said trustees or trustee with the consent in writing of the person or persons for the time being entitled in equity to the actual possession or to the receipt of the rents and profits of the hereditaments to be purchased therewith in case such person or persons shall be of full age and if not then at the discretion of such trustees or trustee to place out such sum or sums of money at interest either in the parliamentary stocks or public funds of Great Britain or upon Government or Real Securities in England Wales or Ireland in the names or name of the said trustees or trustee and with such consent or at such discretion as aforesaid to vary the said stocks funds or securities as occasion shall require And I declare that the annual produce arising from such stocks funds and securities shall go and be paid to such person or persons and in such manner as the rents and profits of the manors lands or hereditaments to be purchased therewith would go and be payable or applicable in case such purchase or purchases as aforesaid were actually made

I give and devise all the copyhold and customary messuages lands tenements and hereditaments of or to which I am or at my death shall be seized or entitled at law or in equity or of which I have or at my death shall have power to dispose by will except what I otherwise dispose of by this my Will or any Codicil hereto including in this devise the copyhold hereditaments which I have purchased in the name of my said wife which I direct shall be surrendered by her in accordance with this devise at the expense of the devised estate Unto and to the use of the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY and their heirs according to the custom or customs of the manor or manors of which the same respectively are holden and under the rents fines [heriots] suits and services therefore respectively due and of right accustomed Upon and for such trusts intents and purposes and with under and subject to such powers provisoes and declarations as shall as nearly correspond with and be similar to the uses trusts intents and purposes powers provisoes and declarations hereinbefore limited and declared of and concerning the freehold hereditaments and premises hereinbefore devised in settlement as the different tenure and quality of the premises and the rules of law and equity will permit

I give devise and bequeath all the estates which at the time of my decease shall be vested in me upon any trusts or by way of mortgage and of which I have power to dispose by this my will with their rights members and appurtenances unto the said GEORGE FREDERICK POLLOCK CHARLES EDWARD POLLOCK and JOSEPH WILLIAM CHITTY their heirs executors administrators and assigns respectively according to the nature and quality thereof respectively upon the trusts and subject to the equity of redemption which at the time of my decease shall be subsisting or capable or taking effect therein respectively but the money secured on any such mortgages for my own benefit to be considered and taken as part of my personal estate

And I appoint my said Wife Guardian of my infant children during their respective minorities

In witness whereof I the said FREDERICK POLLOCK have hereunto set my hand this thirtieth day of January one thousand eight hundred and sixty four – FREDERICK POLLOCK – Signed by the said SIR FREDERICK POLLOCK the testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses – CHARLES N WILDE College Hill – CHARLES T E WILDE Clerke to Mssrs. Wilde 21 College Hill

 

I SIR FREDERICK POLLOCK of Hatton in the County of Middlesex Baronet late Chief Baron of Her Majesty’s Court of Exchequer declare this to be a Codicil to my will which bear date the thirtieth day of January one thousand eight hundred and sixty four I revoke the devise contained in my will of my freehold houses in or near St Martins Lane in the parish of St Martin in the Fields in the County of Middlesex so far as relates to my house in St Martins Lane aforesaid which is occupied by JAMES ADAMS a picture dealer and which house in numbered 69 in the said Lane and its appurtenances And I appoint and devise that house with its appurtenances to be use of my daughter MARY RIVERS POLLOCK in my said will called MARY POLLOCK and her assigns during her life without impeachment of waste And after her decease I appoint and devise the same house and premises to the uses and with and under the powers and provisions in and by my said will limited expressed and contained of and concerning my mansion house estate at Hatton and the other real estate devised therewith And I declare that as well during the life as after the decease of the said MARY RIVERS POLLOCK the powers of leasing and sale and exchange contained in my said will shall be applicable and capable of being exercised in respect of the said house and premises hereinbefore capable of being exercised in respect of the said house and premises hereinbefore devised but during the life of the said MARY RIVERS POLLOCK not without her consent in writing And I revoke the bequest contained in my said will of an annuity of two hundred pounds to my said daughter MARY RIVERS POLLOCK and the power thereby given to her of appointing by will any sum not exceeding two thousand pounds in case she shall die a Spinster and the legacy of four thousand pounds thereby given to her in case she shall marry I give to my son ARTHUR JULIUS POLLOCK in addition to the provisions made for him by my will an annuity of one hundred pounds sterling during his life or until his net professional income shall according to the uncontrolled judgment of the trustees or trustee for the time being of my will have amounted on the average of the three immediately preceding years whether happening in my lifetime or after my decease to the yearly sum of three hundred pounds or upwards And if the said annuity shall become payable I direct that the same shall be considered as accruing from day to day and shall be paid clear of all deductions except the income tax by equal half yearly payments the first of such payments to be made at the expiration of six calendar months next after my death if the said annuity shall then continue payable And I direct that the said annuity shall be paid out of the income of the fund by my said will provided for the payment of my debts and funeral expenses and legacies in the same manner in which the annuity of two hundred pounds thereby given would have been payable if the same had not been hereby revoked but not so as to make the said house and premises in St Martins Lane in anyway chargeable with the said annuity of one hundred pounds And in all other respects I confirm my said Will

In witness whereof I have hereunto set my hand this seventh day of September one thousand eight hundred and sixty nine – FREDERICK POLLOCK – Signed and declared by the said SIR FREDERICK POLLOCK the testator as and for a Codicil 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 hereunto subscribed our names as witnesses – R W STANFORD Hatton Secy. To Sir F. Pollock – EMMA GRACE RANDLE – Hatton Housekeeper to Sir F. Pollock

 

This is a Codicil to the Will of me SIR FREDERICK POLLOCK Baronet made this eighteenth day of April 1870 which is to be read and taken as part of the same Whereas I have already given to my daughter MARY RIVERS POLLOCK a life interest in one of my two houses in St Martins Lane Now I do by this Codicil give to my said daughter MARY the same interest in the other house that I have already given her in the one my intention being that she shall take the same interest in both houses And after her death I leave both the said houses as I have disposed of them by my will – FREDERICK POLLOCK – Signed by the said SIR FREDERICK POLLOCK in the presence of us JOHN WEBBER and RICHARD WILLIAM STANFORD who at his request in his presence and in the presence of each other do hereby witness his signature to this Codicil – JOHN WEBBERR W STANFORD

 

 

In Her Majesty’s Court of Probate – The Principal Registry

In the Goods of The Right Honorable Sir Frederick Pollock Baronet deceased

I JOHN WEBBER of Hatton in the County of Middlesex Butler make oath and say that I am one of the subscribing witnesses to the Codicil of the said SIR FREDERICK POLLOCK late of Hatton in the County of Middlesex Baronet deceased the said Codicil being now hereunto annexed bearing date the eighteenth day of April one thousand eight hundred and seventy and that the said testator executed the said Codicil on the day of the date thereof by signing his name at the foot or end thereof as the same now appears thereon in the presence of me and of RICHARD WILLIAM STANFORD the other subscribed witness thereto both of us being present at the same time and we thereupon attested and subscribed the said Codicil in the presence of the said testator – JOHN WEBBER – Sworn at No. 25 College Hill in the City of London the 28 th day of October 1870 Before me GEO. HENSHAW A London Commissioner to administer Oaths in Chancery

Proved at London with two Codicils 7th November 1870 by the Oaths of JANE SARAH ANNE AMORAH POLLOCK Widow the Relict GEORGE FREDERICK POLLOCK Esquire and CHARLES EDWARD POLLOCK Esquire the Sons and JOSEPH WILLIAM CHITTY Esquire the Executors named in the Will to whom Admon was granted