Tollemache Estate Act 1908
| Jurisdiction | UK Non-devolved |
| Citation | 1908 c. 1 |
| Year | 1908 |
[8
EDW.
7.]
Tollemache Estate Act,
1908.
[Cu.
1.]
CHAPTER 1.
An Act for authorising and requiring the trustees of the.
A.D. 1908.
Will
and codicils of the Honourable Frederick James
----
Tollemache deceased to invest part of the trust funds
and property in their hands subject to the trusts of the
said will and codicils upon. a transfer of a mortgage for
two hundred and twenty-five thousand pounds created
by the Right Honourable Ada Maria Katharine Baroness
Sudeley the tenant for life under the said will and codicils
upon the security of her life interest under the said will
and codicils and certain policies of assurance upon her
own life -and for other purposes.
[1st August 1908.]
W
HEREAS by his will dated the eleventh day of August
one thousand eight hundred and seventy the Honour-
able Frederick James Tollemache (hereinafter called " the first
testator ") late of Ham House in the county of Surrey a
member of Parliament after giving divers specific and pecuniary
legacies and certain annuities devised and bequeathed all his
real and personal estate not thereinbefore otherwise disposed
of unto and to the use of his brother the Honourable Algernon
Gray Tollemache his son-in-law the Honourable Charles
Douglas Richard Hanbury Tracy (now the Right Honourable
Charles Douglas Richard Baron Sudeley and hereinafter called
" Lord Sudeley ") and his nephew Arthur Lionel Tollemache
their heirs executors administrators and assigns respectively
upon trust that the said Algernon Gray Tollemache Lord
Sudeley and the said Arthur Lionel Tollemache or the survivors
or survivor of them or the heirs executors or administrators
of such survivor should sell call in and convert into money
the same or such part thereof as should not consist of money
[Price 3s.
9d.]
A
1
[CH.
1.]
Tollemache Estate Act,
1908.
[8 EDW. 7.]
A.D. 1908.
and should with and out of the money to be produced by such
sale calling in and conversion and with and out of such part
of the first testator's personal estate as should consist of money
pay his funeral and testamentary expenses and debts and the
annuities and legacies bequeathed by his will or any codicil
thereto except such annuities and legacies as should be payable
in manner thereinafter directed out of the property derived
under the will of his late sister Lady Frances Emily Tollemache
And should at the discretion of the trustees or trustee for the
time being of his will invest the residue of the said sale moneys
and such part of his personal estate as should consist of money
in the names of the said trustees or trustee in or upon any
of the public stocks or funds or Government securities of the
United Kingdom or in or upon any stock or securities of the
Government of India or any colony or dependency of Great
Britain or in the stock of the Bank of England or upon real or
leasehold securities in England or Wales and not elsewhere
(such leasehold securities being held for a term whereof sixty
years at least should be unexpired at the date of such investment
and with liberty in the case of leasehold securities to waive the
production of the lessor's title) or in or upon the stocks shares
or securities of any railway or other company in Great Britain
or India incorporated -by Act of Parliament or Royal Charter
with power for the said trustees or trustee from time to time
at such discretion as aforesaid to vary the said investments
into or for others of the same or a like nature And should
stand possessed of the said stock funds shares and securities
(thereinafter called " the residuary trust fund ") upon the trusts
following that was to say In trust to pay the dividends and
annual income thereof to the first testator's daughter Ada Maria
Katharine the wife of Lord Sudeley (hereinafter called " Lady
Sudeley ") during her life for her sole and separate use indepen-
dent of the debts control or management of her then present or
any future husband And from and after her decease in trust
for such one or more exclusively of the others or other of the
children of Lady Sudeley (other than and except any son who
might succeed to the title of Baron Sudeley) at such age or time
or respective ages or times if more than one in such shares
and with such future and executory or other trusts for the
benefit of the said children or some of them with such pro-
visions for their maintenance education or advancement either
at the discretion of the trustees or trustee for the time being
of the said will or of any other person or persons and upon
2
[8 EDW.
7.]
Tollenzache Estate Act,
1908.
[CH.
1.]
such conditions with such restrictions and in such manner as
Lady Sudeley and Lord Sudeley should by deed or writing
sealed and delivered with or without power of revocation and
new appointment during their lives jointly appoint or as the
survivor of them should during her or his life in manner
aforesaid or by will or codicil from time to time or at any
time appoint And in default of and until such respective
appointments and so far as no such appointment should extend
in trust for all the children or any the child of Lady Sudeley
(other than as aforesaid) who being sons or a son should attain
the age of twenty-one years or being daughters or a daughter
should attain that age or marry under that age and if more
than one in equal shares Provided always that no child taking
any part of the said trust premises under any appointment in
pursuance of the power lastly thereinbefore contained should in
default of appointment to the contrary have or be entitled to
any share of that part of which no such appointment .should
have been made of the said trust premises without bringing his
or her appointed share into hotchpot and accounting for the
same accordingly Provided always and the first testator thereby
declared that it should be lawful for Lady Sudeley by any deed
or deeds with power of revocation and new appointment or by
her will or any codicil thereto to appoint that any part not
exceeding one equal third part of the income arising out of
the said residuary trust fund should be paid to Lord Sudeley
during his life And the first testator declared that if at the
decease of Lady Sudeley any child of hers entitled in expectancy
to a share under his will should be under the age of twenty-
one years then and in every such case it should be lawful for
the trustees or trustee for the time being of his will from time
to time to pay to Lord Sudeley if he should be then living any
sum or sums of money not exceeding in any one year one
equal third part of the dividends and income of the expectant
share of such child for or towards his or her maintenance or
education And if Lord Sudeley should be then dead the said
trustees or trustee might either themselves or himself apply
any sums or sum not exceeding in the whole in any one year
one equal half part of such dividends and income as aforesaid
for the like purpose or might pay the same to the guardian
or guardians of such child without being liable to see to the
application thereof And the first testator directed that his said
trustees or trustee should during such suspense of absolute
vesting as aforesaid accumulate all the residue (if any) of the
A 2
3
A.D.
1908.
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