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[ 26 ]

 

JOSEPH ROWLAND MUCKLESTON

Will Proved 10th December 1924

 

Index entry:-

1924

Muckleston Joseph Rowland

Muckleston Joseph Rowland of 2 Woodland Rise Muswell Hill Middlesex died 24th October 1924 at 2 Queens Avenue Muswell Hill Probate London 10th December to Frederick Rowland Muckleston Collar Manufacturer and George Frederick Ohlson Jeweller. Effects £15583 9s 9d

 

Transcript of the Will:-

This is the last Will and testament of me Joseph Rowland Muckleston of Number 2 Woodland Rise Muswell Hill in the county of Middlesex Linen Collar Manufacturer I revoke all Wills and testamentary dispositions heretofore made by me I appoint my son Frederick Rowland Muckleston and my son in law George Ohlson to be the Executors and Trustees of this my Will and I give to each of them who shall prove my will and act in the trusts thereof the sum of fifty pounds I give to my wife Elizabeth Gertrude Muckleston for her own use and benefit absolutely all my household furniture plate plated articles linen china wearing apparel and all household and personal effects I also give to my said wife the sum of one hundred pounds to be paid to her as soon as possible after my decease and I direct that all the foregoing gifts and legacies be paid and made free of duty I give the following legacies also free of duty to Miss Ellen Muckleston of No 4 Victoria Road Finsbury Park in the County of London two hundred pounds to Miss Emily Stoddart of the same address twenty five pounds to Mrs Emily Speight of No 42 Lancaster Road Finsbury Park aforesaid fifty pounds to my brother Walter Brookes Muckleston of No 24 Lidfield Road Finsbury Park aforesaid twenty five pounds to my son Bertram Brookes Muckleston of No 2 Woodland Rise aforesaid the sum of two hundred and fifty pounds I give and bequeath to my son the said Frederick Rowland Muckleston and my son Henry Paul Muckleston in equal shares (or if either of my said sons shall predecease me then to such one of my said sons as shall survive me) all my share and interest in the business of Linen Collar Manufacturers (hereinafter referred to as the business) at present carried on at No 26 Paper Street in the city of London and I declare that the gift shall include my share in the goodwill of the business and my share in all trademarks and Letters Patent and all goods manufactured and unmanufactured and in all stock in trade machinery plant capital and effects belonging to or used for the purpose of the business and in the benefit of all contracts subsisting in relation thereto at my death and also my share in all book debts which shall then be owing in connection with the business and in any cash or money at the Bank to the credit of the business account and my said sons shall take over and discharge all liabilities in connection with the business existing at my death and shall indemnify my estate against the same I give my leasehold dwelling house known as No 2 Woodland Rise Muswell Hill aforesaid and the appurtenances belonging thereto unto my trustees in trust to allow my said wife to occupy the said house during her life she keeping the said dwelling house in tenantable repair and paying all rates taxes insurances and outgoings payable in respect of the same I devise and bequeath all my real and personal estate not hereby otherwise disposed of (including my said leasehold house after the death of my said wife or after she shall have ceased to occupy the same ) unto my trustees upon trust that my trustees shall sell call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the money produced by such sale and conversion and with and out of my ready money pay my funeral and testamentary expenses and debts and the legacies bequeathed by this Will or any Codicil hereto and shall at their discretion invest the residue of the said monies with power for my trustees from time to time at their discretion to vary the investments and shall stand possessed of the residue trust monies and the investments for the time being representing the same (hereinafter called the residuary trust funds) upon trust to pay the income thereof to my said wife during her life or such shorter period as is hereinafter provided and thereafter upon trust as to both capital and income for all and every one or more of my children in equal shares as tenants in common but my trustees shall retain the share of each of my daughters Elizabeth Ohlson and Florence Rapson in the residuary trust funds upon the trusts following (that is to say) upon trust to pay the income thereof to such daughter during her life and so that she shall not have power during coverture to anticipate the same and with power for her to appoint by Will that after her decease the whole or any part of such income shall be paid to any husband of hers who may survive her during his life or any less period and from and after the decease of such daughter and subject to any appointment which may be made to her husband as aforesaid in trust for the children of such daughter in such shares (if more than one ) and in such manner as she shall by any deed or deeds or by her Will appoint and in default of such appointment and as far as any such appointment shall not extend upon trust for the children of such daughter who being male shall attain the age of twenty one years or being female shall attain that age or marry under that age in equal shares and if there shall be only one such child the whole to be in trust for that one child but so nevertheless that no child who shall take any share under any such appointment as aforesaid shall take any part of the residuary trust funds remaining unappointed without bringing the share appointed to him or her into hotchpot and accounting for the same accordingly unless such daughter making such appointment shall thereby direct the contrary and in case there shall be no child of such daughter who shall attain a vested interest in her share of the residuary trust funds then upon such trusts and in such manner as such daughter shall by deed or Will appoint and in default of such appointment and as far as any such appointment shall not extend in trust for the next of kin of such daughter living at her death provided always and I declare that if any child of mine shall die in my lifetime leaving a child or children who being male shall attain the age of twenty one years or being female shall attain that age or marry under that age then and in every such case the last mentioned child or children shall take the shares of my residuary trust funds to which he she or they would respectively been entitled if his her or their parent had survived me and died without having made any such appointment as aforesaid including any share or shares which would have accrued to him her or them under the trust and provisions in that behalf hereinbefore contained provided always that if my said wife shall attempt to assign charge or otherwise dispose of the said income or any part thereof or do or suffer something whereby the said income if belonging absolutely to her or some part thereof would become payable to or vested in some other person then the trust in favour of my said wife hereinbefore contained shall cease and determine and the said income shall be held by trustees during the residue of the life of my said wife upon trust to pay and apply the same or any part thereof to or for the benefit maintenance and support of all or any one or more to the exclusion of the others or other of the following persons namely my said wife or children their respective husbands or wives child or children and the person or persons for the time being entitled in remainder expectant on the death of my said wife in such shares and manner as my trustees shall in their absolute discretion think proper and subject to the discretionary trust hereinbefore contained my trustees shall during the residue of the life of my said wife stand possessed of the said income upon trusts as would be applicable thereto if my said wife were dead I direct that any monies requiring investment under this my Will may be invested in any of the following investments with liberty to vary and transpose the same from time to time viz - Any of the investments for the time being allowed by law for the investment of trust funds and mortgages of land in England or Wales (including leases held for any term whereof not less than sixty years shall be unexpired at the time of investment the guaranteed or preference stocks or shares or the mortgages or debentures or debenture stock of any company or corporate body formed for or having the charge of the making or maintenance or any railway harbour dock canal or other public work in Great Britain or India or any British Colony or dependency incorporated by Act of Parliament Royal Charter or Act of the Local Legislature which has paid a dividend of at least four percentum per annum on its Ordinary stock for three years previous to the date of investment and I declare that my trustees shall postpone the sale calling in and conversion of any part of my estate for such period that they in their absolute discretion think fit and pending such sale calling in and conversion the whole of the income of my property actually producing income shall be applied as from my death as income I empower my trustees at any time or times to raise any part or parts not exceeding in the whole one half part of the then presumptive or vested share of any person in my residuary trust funds under the trusts of this my Will and to apply the same in their discretion for the advancement or benefit of such person but the consent of the person entitled to the income of the fund so raised to any such advance shall first be had and obtained in writing During her life my said wife is to have Statutory power of appointing new trustees of this my Will. In witness whereof I have to this my Will contained in this and the three preceding sheets of paper set my hand this twenty fourth day of February one thousand nine hundred and nineteen - JOSEPH ROWLAND MUCKLESTON - Signed and acknowledged by the above named Joseph Rowland Muckleston (the testator) as and for his last Will and testament 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 R C Swaine 4 Brick court Temple London Solicitor F Childe Warren 4 Brick Court Temple London Solicitor

July 18th 1924 I hereby revoke the bequest of £250 made to my son Bertram Brookes Muckleston as I consider he is now in a better position than when I made the bequest Signed and acknowledged by the above named Joseph Rowland Muckleston in the presence of us both and both being present at the same time who at his request in his presence and in the presence of each other have herewith subscribed our names as witnesses July 18th 1924 - JOSEPH ROWLAND MUCKLESTON - Witness J Edmund Yeates Fairmead Avenue Westcliffe on Sea Accountant Witness F C Dolling 89 Brocklehurst Road London S E Foreman.

Affidavit of due execution filed

On the 10th day of December 1924 Probate of this Will and codicil was granted to Frederick Rowland Muckleston and George Frederick Ohlson the executors.

*****

Joseph Rowland Muckleston

Born 1845 (Holborn)

Married Elizabeth Gertrude 1869 (Islington)

Died 24th October 1924 (Edmonton)