|Elsie Mary Pellier
Elsie Mary Pellier
- Born: 1872, St. Helier, Jersey
- Marriage: Charles Hugh Harris Pitts
- Died: 4 Sep 1956, South Hams Hospital, Kingsbridge at age 84
William was their one and only child - see the Will of Elsie Mary Pitts below.
Probate Document and Will of Elsie Mary Harris Pitts
In Her Majesty's High Court of Justice
The District Probate Registry at Exeter
Be it known that Elsie Mary Harris Pitts otherwise Elsie Mary Pitts of South Allington House Chivelstone Devon widow - who died on the 4th day of September 1958 at South Hams Hospital Kingsbridge Devon made and duly executed her last Will and Testament.
That Charles Hugh Harris Pitts the husband of the deceased and Arthur Jagger the Executors and residuary legatees and devisees in trust named in the said Will both died in the lifetime of the said deceased.
And be it further known that at the date hereunder written Letters of Administration with the Will ( a copy whereof is hereunto annexed) of all the Estate which by law devolves to and vests in the personal representative of the said deceased were granted y Her Majesty's High Court of Justice at the District Probate Registry thereof at Exeter to William Nicholas Charles Harris Pitts or South Allington House aforesaid of no occupation the only lawful child of the said deceased (she having had no other children) and as such having attained the age of 25 years the residuary legatee and devisee named in the said will.
And it is hereby certified that an Affidavit for Inland Revenue has been delivered wherein it is shewn that the gross value of the said estate in Great Britain (exclusive of what the said deceased may have been possessed of or entitled to as a trustee and not beneficially) amounts to £29908. 2. 6. and that the net value of the estate amounts ti £29453. 18. 2.
And it is further certified that it appears by a Receipt signed by an Inland Revenue Officer on the said Affidavit £6192. 15. 6. on account of Estate Duty and Interest on such duty has been paid.
Dated the 8th day of October 1958
I Elsie Mary Pitts the wife of Charles Hugh Harris Pitts of South Allington House Chivelstone in the County of Devon Esquire hereby revoke all former wills and testamentary dispositions made by me and declare this to be my last will and testament.
1. I appoint my husband the said Charles Hugh Harris Pitts and Arthur Jagger of Uplands Pashleigh Road Eastbourne (hereinafter called “my trustees”) to be the executors and trustees of this my will and I give to them the sum of one hundred pounds each for their trouble in acting as such executors and trustees.
2. I bequeath to my said husband all articles and effects of household domestic or personal use ornament occupation or diversion which shall belong to me at the time of my death.
3. I bequeath to my said husband the sum of one hundred pounds to be paid within three calendar months after my death.
4. I devise and bequeath all my real and personal estate whatsoever and wheresoever not hereby or by any codicil hereto otherwise specifically disposed of (including any real or personal property over which I may have any general power of appointment) unto and to the use of my Trustees their heirs executors or administrators according to the nature thereof respectively upon trust to sell call in and convert the same into money and after payment out of the money arising thereby or out of my ready money of my debts funeral and testamentary expenses and legacies to hold the residue of such monies upon trust for such of my children as attain the age of twenty five years or being female marry under that age if more than one in equal shares.
5. Provided always that if any child of mine dies in my lifetime or (being a son) dies under the age of twenty five years after my death and leaves a child or children living at his or her death the share of residue hereinbefore contingently bequeathed to such child of mine shall be held in trust for his or her child or children if more than one in equal shares and I expressly direct that the share of any grandchild of mine shall not in any case indefeasibly vest before such grandchild attains the age of twenty one years and in the case of any grandchild born more than four years prior to my death shall not indefeasibly vest until such grandchild attain the age of twenty five years.
6. In the event of no child or grandchild of mine attaining a vested interest under the trusts hereinbefore contained I direct that my residuary estates shall be held in trust for my said husband so long as he shall remain a widower and after his death or second marriage in trust for my brother Charles de Chanval Pellier my sister Amy Eliza Maples and my sister Ethel Edith Quarrie in equal shares.
7. I hereby declare that during the minority (by which expression I mean the period between the birth of any person and his or her attainment of the age of twenty five years) or minority and spinsterhood as the case may be of any child or grandchild of mine who if of the age of twenty five years would be entitled to a share of my residuary estate under the rusts of this my Will my Trustees shall pay the whole of the income of such contingent share of such minor (by which expression I mean a person who has not attained the age of twenty five years) to my said husband so long as he shall remain a widower for his own absolute use and benefit and after his death or second marriage my Trustees may apply the whole or any part of the income of such contingent share of such minor for or towards his or her maintenance and education with liberty to pay the same to the guardian or guardians of such minor for the purpose aforesaid without being liable to see to the application thereof and shall (subject as is hereinafter provided) accumulate the residue (if any) of the said income by investing the same and the resulting income thereof to the intent that such accumulation shall be added to the share from which the same shall have arisen and devolve therewith but with power for my Trustees at any time to apply such accumulations or any part thereof as if the income were income of the then current year.
8. I declare that my Trustees mat postpone the sale calling in and conversion of any part of my real or personal estate for such period as they may in their absolute discretion deem fit notwithstanding that it may be of a wasting speculative or reversionary nature and that pending such sale calling in and conversion the whole of the income of property actually producing income shall be applied as from my death as income and on the other hand on such sale calling in and conversion or in the calling in of any reversionary property no part of the proceeds of such sale calling in or conversion or of such property shall be paid or applied as past income.
9. My Trustees shall have the following further powers
a. To ???? any part or parts not exceeding one moiety of the contingent or vested share of capital of any person under this my last Will and apply the same for his or her benefit or advantage but during the existence or contingency of my prior life or other interest or interests only with the consent in writing of the person or persons entitled to such interest or interests.
b. So long as my real or leasehold property forming part of my residuary estate shall remain unsold to exercise in respect thereof the like powers and discretions as are conferred on trustees during the minority of a male infant unimpeachable for waste by Section 42 sub section (2) of the Conveyancing and Law of Property Act 1881 or in a person having the powers of a tenant for life by the Settled Land Acts 1882-1890 and to exercise all or any of such powers and discretions without any Order of the Court or consent of any person claiming under this my Will and further notwithstanding the trusts hereinbefore declared by this my Will of and concerning my residuary estate to raise out of the capital or income of my residuary estate any sums from time to time required and in their opinion properly raiseable thereof for the exercise of any such powers and discretions as aforesaid.
10. Lastly the statutory power of appointment of new trustees of this my Will shall be exercisable by my said husband during his life.
In witness whereof I have hereunto set my hand this twenty fifth day of March One Thousand Nine Hundred and Nineteen.
Signed by the abovenamed Elsie Mary Pitts as her last Will and Testament in the presence of us both being present at the same time who in her presence and in the presence of each other have hereunto subscribed our names as witnesses.
Elsie married Charles Hugh Harris Pitts, son of Thomas Harris Pitts and Mary Andrews. (Charles Hugh Harris Pitts was born on 4 Oct 1868 in Chivelstone and died on 5 Jul 1945.)