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[ 77 ]

 

NORA MUCKLESTON

Will Proved : 13th October 1971

 

Index entry:-

1971

Muckleston Nora

Muckleston Nora of 24a Biggin Street Dover died 16th August 1971 Probate Brighton 13th October £3221

 

Transcript of the Will:-

This is the last Will and Testament of me Nora Muckleston of 24a Biggin Street Dover in the county of Kent wife of Frank Reginald Muckleston

1. i revoke all Wills and testamentary dispositions heretofore made by me

2. I appoint Dean Arthur Tapley and Raymond Albert Govier both Solicitors of Midland Bank Chambers 84 Pancester Road Dover aforesaid ( hereinafter called my "Trustees") to be the executors and trustees of this my Will and I declare that the expression "My Trustees" shall where the context permits mean and include the executors and trustees for the time being of this my Will whether original or substituted.

3. I give all my personal chattels within the meaning of section 55 (1) (x) of the Administration of Estates Act 1925 to my said husband Frank Reginald Muckleston

4. I give the following pecuniary legacies free of all duty arising on my death:-

(a) To my son Eric Frank Muckleston of 6 Dore Avenue Porchester Nr Fareham Hampshire the sum of one thousand pounds (£1000)

(b) To my daughter Jean Margaret Austen of 1 Butts Meadow Lower Hardes Nr Canterbury Kent the sum of one thousand pounds (£1000)

and I declare that the said legacies shall not lapse by reason of the death in my lifetime of my said son or daughter but shall in that event pass to his or her personal representatives as part of his or her estate

5. I give devise and bequeath the whole of my real and personal property whatsoever and wheresoever not otherwise disposed of by this my Will or any codicil hereto including any property over which I may have any power of appointment to my trustees upon trust to sell call in and convert into money the same or such part thereof as shall not consist of money with power to postpone such sale calling in and conversion for such time as my trustees shall in their absolute and uncontrolled discretion think fit without being liable for loss and with and out of the money to arise thereby and my ready money to pay my funeral and testamentary expenses including death duties and my just debts (and the legacies hereinbefore bequeathed) and to stand possessed of the residue (hereinafter called the residue) upon the following trusts:-

(a) My trustees shall stand possessed of the residue upon trust for my said husband Frank Reginald Muckleston absolutely if he shall survive me for the period of one calendar month

(b) If my said husband shall not so survive my Trustees shall stand possessed of the residue upon trust for such of my said son Eric Frank Muckleston and my said daughter Jean Margaret Austen as shall be living at my death and if more than one in equal shares and proportions absolutely Provided always that if either of my said children shall predecease me and shall leave any child or children him or her surviving who shall survive me and attain the age of twenty one years or being female marry under that age such child or children shall take and if more than one then in equal shares the share of the residue which his her or their deceased parent would have taken had he or she attained a vested interest in the residue aforesaid

6. I declare that in all case mentioned in this my Will where an infant takes or shall take an absolute or other interest in the residue on attaining a specified age or marrying under that age the vesting of such share or interest shall be subject to all statutory and other powers of advancement and maintenance and to every exercise thereof by my trustees and I further declare that in applying the provisions of Section 32 of the Trustee Act 1925 to the trust of this my Will my trustees shall not be bound by sub-claus 1 (a) of that section and the whole of the presumptive or vested share or interest of the beneficiary in the residue may if my Trustees in their absolute discretion shall think fit be paid or applied for the purposes set forth in Section 32 aforesaid

7. I declare that the powers of my trustees with regard to the investment of monies falling to be invested under this my Will shall not be limited to investments for the time being authorised by law but that my trustees may invest all such monies upon the security of such stocks funds shares securities or other investments of whatever nature and wheresoever (including the purchase of freehold and leasehold property) and whether involving liability or not as my trustees shall in their absolute discretion think fit to the intent that my trustees shall have full free and unrestricted powers of purchasing property and of investing and changing and transposing investments in all respects as if they were absolutely entitled to such monies and property and I declare that all investments made by my trustees by virtue of this clause and all property and investments held by me at my death shall be authorised investments for all purposes connected with this my Will

8. My trustees may exercise the power of appropriation conferred by the administration of Estate Act 1925 without obtaining any of the consents required by that Act

9. None of my Trustees shall be personally liable for any breach of trust whether by way of commission or omission done or suffered (either in connection with any question of construction including questions in connection with the administration of the trusts hereof or otherwise) or for the negligence or fraud of any agent employed by him or any other Executor or Trustee hereof although the employment of such agent was not strictly necessary or expedient unless it shall be proved that at the time of his doing or suffering such breach or his concurrence therein such act or default was done or suffered by him male fide And in particular but without any prejudice to the generality of the foregoing provisions he shall not be bound to take any proceedings against a Co Trustee or part trustee or his personal representatives for why breach or alleged breach of trust committed or suffered by such co -trustee

10. Any executor or trustee of this my Will being a Solicitor or Accountant or other person engaged in any profession or business may be so employed and act and shall be entitled to be charged and be paid free of all death duties and in priority to all other bequests and to devise heretofore made all professional and other charges for work done and business transacted by him or his firm including any share of fees or profit casts and any brokerage or commission for business done by him or his firm in connection with the administration of the trusts of this my Will including work which an executor or trustee not being in any such profession or business could have done personally

11. I desire that my body be cremated

In witness whereof I have set my hand to this my last Will and testament this twelfth day of december one thousand nine hundred and sixty nine

Signed by the testatrix as and for her last Will and Testament in the presence of us both present at the same time who at her request and in her presence and in the presence of each other have hereunto subscribed our names as witnesses

Michael S Kirk Solicitor Dover Lisa M Edmonston Clerk to Fieden Chall and Co Dover.

*****

Nora Muckleston

Born 30th March 1912

Married Frank Reginald Muckleston 1931 (Berkhampstead)

Died 16th August 1971 (Dover)

Maiden name Hartley.