Wills proved in the English Principal Probate Registry: Will of Rt Rev Maxwell Homfray Maxwell-Gumbleton


Date: 16 Apr 1952
Place: Bath (City), Somerset, England

This is the last will and testament of the Right Reverend Bishop Maxwell Homfray Maxwell-Gumbleton, DD, of 41 St James's Square, Bath in the County of Somerset.

1. I hereby revoke all wills and testamentary dispositions heretofore made by me.

2. I wish my funeral to be private and as simple as possible and that there shall be no flowers nor mourning.

3. I appoint Frank North of Number 7 Cork Street, London W1 and my son Maxwell Sidney Harold Maxwell-Gumbleton to be my Executors and Trustees of this my will and I declare that the expression "my Trustees" used herein shall be deemed to include the said Frank North and Maxwell Sidney Harold Maxwell-Gumbleton and the survivor of them and the executors or administrators of such survivor or other Trustees or Trustee for the time being of this my will.

4. I give the following legacies free of Legacy Duty:-

a) To Ella Maria Maxwell-Gumbleton the sum of Five Hundred Pounds to be paid to her as soon as possible after my death and my wines liquors and consumable stores.
b) To my brother-in-law Sidney Julian Gillum as a token of affection and graatitude for many kindnesses received from him and for the purpose of his purchasing a memento the sum of twenty-five pounds.

5. I bequeath all my personal chattels as defined by Section 55 (l) (x) of the Administration of Estates Act 1925 other than the articles bequeathed to my Wife absolutely by Clause 4 (a) hereof unto my Trustees upon trust that they shall permit my Wife to have the use and enjoyment thereof during her life and after her death I give and bequeath the same unto my son Richard Widgwood Maxwell-Gumbleton for his own use and benefit absolutely and in the event of my said Son predeceasing me or my wife then I give the same unto my said Son's Wife to be held by her In Trust for the child or children of my said son Richard Widgwood Maxwell-Gumbleton living at the death of the survivor of me and my said Wife who being male shall attain the age of Twenty-one years or being female shall attain that age or marry under that age and if more than one in equal shares according to value Provided that my Trustees shall not be bound to see to the preservation of the said personal chattels and shall not be responsible for any omission or neglect on the part of my Wife or the Wife of my said Son or for any loss occasioned by such omission or neglect.

6. I devise and bequeath all the rest of my real and personal estate of whatsoever nature and wheresoever situate to 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 monies produced by such sale calling in or conversion and out of my ready money pay my funeral and testamentary expenses and debts and the duties payable on my death and the legacies and any duties on legacies bequeathed free of duty and shall stand possessed of the residue thereof (hereinafter called "my Residuary Estate") Upon trust to invest the same in manner hereinafter authorised and to pay the annual income arising from such investments to my said wife during her life And from and after her death Upon Trust to divide the Residuary Estate and the income thereof into seven equal parts and (a) as to two of such equal seventh parts to pay and transfer the same to my said son Maxwell Sidney Harold Maxwell-Gumbleton absolutely (b) as to two more of such equal seventh part to pay and transfer the same and the income thereof to my son John Gillum Maxwell-Gumbleton absolutely (c) as to two more of such equal seventh parts to pay and transfer the same to my said son Richard Widgwood Maxwell-Gumbleton absolutely but should he predecease me leaving a wife him surviving such wife shall be entitled to receive the income from such share during her life or until she shall re-marry And from and after her death or re-marriage whichever shall first happen then my Trustees shall stand possessed of the capital and income of such share In trust for the child or children of my said son Richard Widgwood Maxwell-Gumbleton who being male shall attain the age of twenty-one years or being female shall attain that age or marry and if more than one equally between but should there be no such child or children then the capital and income of such share shall be divided between my other children herein named and added to their respective shares of my Residuary Estate in the same proportions and upon the same trusts as those in this Clause declared and contained (d) as to the remaining one of such equal parts to pay or transfer the same to my daughter Margaret Anne Julia Lester-Garland absolutely Provided always and I hereby declare that (i) The said last mentioned one-seventh part of my Residuary Estate and the income thereof to be paid or transferred to my daughter Margaret Anne Julia Lester-Garland shall be in satisfaction of the covenant entered into by me and contained in Clause 4 of a Settlement made on her marriage and dated the Twenty-sixth day of April one thousasnd nine hundred and twenty-six (ii) In arriving at their respective share of my said children of and in my Residuary Estate the said John Gillum Maxwell-Gumbleton, Richard Widgwood Maxwell-Gumbleton and Margaret Anne Julia Lester-Garland shall bring into hotchpot and account for each of the one-third shares of my Marriage Settlement funds appointed to them respectively under Deeds of Appointment dated the eleventh day of June one thousand nine hundred and seven, Twenty-fifth day of April one thousand nine hundred and and twenty-six and Seventh day of October One thousand nine hundred and thirty-seven and the said Maxwell Sidney Harold Maxwell-Gumbleton shall bring into hotchpot and account for an advance to him of a sum of One thousand pounds.

7. My Trustees may postpone the sale calling in and conversion of any part of my real and personal estate for as long as they may think fit and may for so long as they shall in their absolute discretion think fit retain the same or any part thereof in its then present state of investment without being responsible for loss although such investment or investments do not come within the limits of the clause authorising the investment of trust monies hereinafter contained And the rents profits and income to accrue from and after my decease of and from such part of my estate as shall for the time being remain unsold and unconverted shall after payment thereout of all incidental expenses and outgoings be paid and applied to the person or persons and in the manner to whom and in which the income of the proceeds of such sale and conversion would for the time being be applicable under this my Will if such sale and conversion had been actually made.

8. I declare that all monies liable to be or requiring to be invested under this my Will may be invested in any one or more of the following modes of investment:-
a) Any investments from time to time sanctioned by law for the investment of trust funds.
b) Freehold or leasehold securities the latter having not less than Sixty years unexpired at the date of such investment or upon the purchase of freehold or leasehold property in the United Kingdom.
c) In or upon the stock or securities of any Dominion Colony State or Dependency or any Province thereof or of any municipal corporation power gas electric light harbour or local authority in England Wales or in any British Dominion Colony State Province or Dependency other than Eire.
d) In or upon the bonds mortgages debentures or debenture stock or guaranteed preference or ordinary stock or shares of any Company public or private incorporated in the United Kingdom or any British Colony State Province or dependency other than Eire and whether trading or otherwise carrying on business in Great Britain India or in any other British Dominion Colony State Province Dependency or elsewhere.

9. Any Trustees of this my will being a solicitor or other person engaged in any profession or business shall be entitled to be allowed and be paid all usual professional or proper charges and expenses incurred for business transacted time expended and acts done by him or any partner of his in connection with the trusts hereof including acts which a Trustee not being in any profession or business could have done personally.

In witness whereof I have set my hand to the last page of this my Will and the two preceding pages hereof this Twenty-ninth day of September One thousand nine hundred and fifty.

M H Maxwell-Gumbleton Bp

Signed and acknowledged by the above-named Testator The Right Reverend Bishop Maxwell Homfray Maxwell-Gumbleton, DD, as and for his last will and testament in the presence of us both 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:-
F L Angell
Lloyd's Bank Ltd,
Bath
Bank Cashier

H G Clayton
Lloyd's Bank Ltd
, Bath
Bank cashier

Maxwell-Gumbleton papers
16 Apr 1952

Thanks to Lucinda Steege for this document

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