Last Will and Testament of Charles Evelyn Forrest (2nd June 1916)

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Charles Evelyn Forrest Will 1.jpg

BE IT KNOWN that Charles Evelyn Forrest of The Bungalow Pegglesworth near Andoversford in the County of Gloucester D.S.O. a Major in the Oxfordshire and Buckinghamshire Light Infantry formerly of Cherry Orchards Westbury-on-Trym in the said County

who at the time of his death had a fixed place of abode at The Bungalow aforesaid within the District of The Gloucester Probate Registry died on the twenty second day of November 1915 at Ctesiphon Mesopotamia having killed in action domiciled in Eng court.

AND BE IT FURTHER KNOWN that at the date hereunder written the last will and Testament

of the deceased was proved and registered in the District Probate Registry of His Majesty’s High Court of Justice at Gloucester and that administration of all the estate which by law devolves to and vests in the personal representative of the said deceased was granted by the aforesaid court to Ruth Mary Forrest of the Bungalow aforesaid widow the relict of the said deceased and Reginald John Winterbotham of Essex Place, Cheltenham in the said County Solicitor the surviving Executors

named in the said Will

Dated the 2nd day of June 1916


Gross value of Estate £43983 . 4. 8. in the United Kingdom

Net value of Personal Estate £32416 . 14. 4

Extracted by Winterbotham Gurney & Co

Solr Cheltenahm

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This is the last Will and Testament of me Charles Evelyn Forrest of Cherry Orchards Westbury-on-Trym in the County of Gloucester Captain in His Majesty’s Army whereby I revoke all former Wills and Testamentary dispositions made by me 1. I confirm the settlement executed on my marriage and I declare that the provisions hereby made for my wife and children and other issue are intended to be in addition to and not in satisfaction of those made or covenanted to be made for them respectively in and by such settlement 2. I appoint my wife Ruth Mary and my friends Reginald john Winterbotham of Cheltenham in the said County of Gloucester Solicitor and Francis Hugh Beaufort of the Oxfordshire Light Infantry (Lieutenant) in His Majesty’s Army to be the Executors of this my Will and I bequeath to each of them the sum of one hundred and fifty pounds free of duty if they shall act as such Executors 3. I bequeath to each of my Brothers John Graham Forrest George Francis Forrest and Guy Archibald Forrest the sum of fifty pounds free of duty 4. I bequeath the use and enjoyment of all my personal effects furniture, plate, linen, glass, china, book pictures medals and all other articles of personal domestic or household use or ornament to my said wife Ruth Mary during her life she keeping the named property insured against fire and after her death I bequeath the said articles and effects hereinbefore mentioned to my Trustees hereinafter named upon trust to allow all my children (other than my eldest son then living) to choose and take away such of the said articles and effects as they severally shall desire to a value not exceeding the sum of fifty pounds each and as to the residue thereof upon trust for my said eldest son 5. I give devise and bequeath all the real residue and remainder of my real and personal estate and effects whatsoever and wheresoever situated not hereby otherwise disposed of to my friends the said Reginald John Winterbotham and Francis Hugh Beaufort and Rupert Edward Holmes a Court of the Shropshire Light Infantry a Captain in His Majesty’s Army (hereinafter called 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 in such manner and way and at such time or times as they shall deem advisable and after payment thereout of my first debts funeral and testamentary expenses and the legacies bequeathed by this my Will or any Codicil hereto together with all duties payable thereon shall invest the residue of the said monies at their discretion in or upon my stocks securities or funds hereinafter authorised with power at their discretion

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as aforesaid to vary or transpose such investments into or for others of any nature hereinafter authorised and shall stand possessed of the proceeds of such sale calling in and conversion of the investments for the time being representing the same (hereinafter called the Residuary trust fund) Upon trust to pay the income of the Residuary trust fund to my said wife Ruth Mary during her life and so that during coverture the same shall be for her separate use without power of anticipation and after her death Upon trust as to two equal third parts thereof for such of my children living at my decease who being a son or sons shall attain the age of twenty one years absolutely in equal share And as to the remaining one equal third part thereof upon trust for such of my children living at my decease who being a daughter or daughters shall attain the age of twenty one years or marry under that age absolutely in equal shares and if there shall be only one such child who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under that age the whole to being trust for that one child Provided always that if there shall be no such children then my Trustees shall stand possessed of the residuary trust fund In trust for my said Brothers John Graham Forrest George Francis Forrest and Guy Archibald Forrest absolutely in equal shares Provided always that if any child or children of mine or any of my said brothers shall die in my lifetime leaving a child or children who shall survive me then such last mentioned child or children shall take and if more than one equally between them the share which his her or their parent would have taken in the residuary trust fund under the trusts of this my Will if he or she had survived me and attained a vested interest under my Will 6. I direct that my Trustees shall have the power to save any part or parts not exceeding in the whole one half of the then expectant or presumptive or vested share of any of my children or remoter issue in the Residuary Trust Fund under the trusts hereinbefore declared and to pay or apply the same for his or her education or advancement or otherwise for his or her benefit in such manner as my Trustees shall think fit 7. I direct that my Trustees may postpone the sale or conversion of my property hereinafter directed to be sold or converted or any part or parts thereof for so long as they shall be in their uncontrolled discretion think fit and may retain the same on the condition or estate of investment in which it may happen to be at the time of my decease without being liable for any loss or depreciation price (if any) arising from such retention and that they shall have powers of sale letting and management overall real and personal property and all other rights powers discretions protection

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and indemnities now or hereafter to be by law given to Trustees 8. I declare that any money requiring investment under this my Will may be invested in any of the Public Stocks or Funds or Government Securities of the United Kingdom or India or any British Colony or Dependency or of any Foreign Government or State or in securities the interest on which is or shall be guaranteed by Parliament or upon real or leasehold securities in Great Britain but not in Ireland including first charges requested under the Land Transfer Acts 1875 and 1897 on freehold copyhold or leasehold hereditaments in England such leaseholds having not less than sixty years to run at the time of such investment being made or on the security of any interest for a life or lives or determinable on a life or lives or any other event in real or personal property in Great Britain but not in Ireland together with a Policy or Policies of Insurance on such life or lives or against such event and in the purchase of any ground rents or feu duties rising out of any freehold copyhold or leasehold hereditaments situate in Great Britain but not in Ireland or in Stock of the Bank of England or the Bank of Ireland or Metropolitan Stock or London Country Stock or in or upon the Bonds debentures debenture stock mortgages obligations or securities or the guaranteed ??? ??? or ordinary stock or shares but not the deferred stock or shares of any Company or Public Municipal or Local Body or Authority in the United Kingdom or India or any British Colony or Dependency or any Foreign Country but not in any stocks funds bonds shares or securities to bearer or transferable by mere delivery or delivery and undernamed through coming within the general description of investments hereinbefore authorised 9. I declare that the Executors of this my Will or my Trustees may comply and pay a Solicitor or any other agent to ??? all the business of the trust and that any such Executor or Trustee being a Solicitor or other person engaged in any profession or business shall be entitled to receive all the usual professional charges and emoluments and all reasonable charges for all other work and business done by him or his firm in connection with matters under this my Will or the administration of the trust thereof in testimony whereof I have hereunto subscribed my name this ninth day of February one thousand nine hundred and twelve 1912

Charles E. Forrest

Signed by the said Charles Evelyn Forrest 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.

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Our names as witnesses

J. D. Lloyd Clerks to Winterbotham Gurney & Co

F. A. Close Solictors Cheltenham

On the 2nd day of June 1916 Probate of this Will was granted at Gloucester to Ruth Mary Forrest and Reginald John Winterbotham the surviving Executors


Certified by me to be a correct copy