-
I appoint Henry Preuss Arnholz of 3 and
4 Great Winchester Street in the City of London Solicitor
and George Augustus Sutton of the said Fleetway
House Farringdon Street aforesaid in the said City of London
to be the EXECUTORS and Trustees of this my will and they
and the survivors of them and the executors and administrators
of such survivor and other the trustees or trustee for the
time being of this my will are hereinafter referred to and
included in the expression “my trustees” and
I give to the said George Augustus Sutton all
the contents of my rooms at Carmelite House and Carmelite
Street and The Fleetway House aforesaid except money and
securities for money (if any)
-
I confirm the Settlement executed by me and dated the twenty
first day of October one thousand eight hundred and ninety
three of which the present trustees and Frederick
Nevill Jackson the Right Honourable Harold Sidney Baron Rothermere and Cecil
Bisshopp Harmsworth Member of Parliament I also
confirm the Conveyance in trust by way of Settlement executed
by me and dated the twenty third day of December one thousand
eight hundred and ninety three of which the present trustees
are the said Frederick Nevill Jackson the said Right
Honourable Harold Sydney Baron Rothermere and the
said Cecil Bisshopp Harmsworth I also confirm
the undermentioned Deeds of Settlements of which the Grantees
Covenantees and present trustees respectively are the said Henry
Preuss Arnholz and George Augustus Sutton that
is to say The indenture of Settlement or Declaration of Trust
dated the tenth day of September one thousand nine hundred
and eight and the Appointment dated the twelfth day of March
one thousand nine hundred and ten endorsed thereon the Indenture
dated the eighteenth day of August one thousand nine hundred
and ten the indenture dated twenty second day of March one
thousand nine hundred and eleven the conveyance on Trust
for sale dated the eighteenth day of November one thousand
nine hundred and eleven the Settlement of Proceeds of sale
of the hereditaments comprised in the said Conveyance on
Trust for sale (Marked No.2.) dated the eighteenth day of
November one thousand nine hundred and eleven the Assignment
on Trust of Contingent Reversionary Interest under the said
Indenture of Settlement dated twenty third December one thousand
eight hundred and ninety three (marked NO. 3.) dated the
eighteenth day of November one thousand nine hundred and
eleven the Settlement (Marked NO. 4.) dated the eighteenth
day of November one thousand nine hundred and eleven of the
property comprised in the said lastly hereinbefore mentioned
assignment the Declaration of Trust (Marked NO.5.) of certain
shares dated the eighteenth of November one thousand nine
hundred and eleven the Declaration of Trust of Furniture
dated the eighteenth day of November one thousand nine hundred
and eleven the Settlement or Declaration of Trust dated the
twenty first day of August one thousand nine hundred and
twelve and the Indenture of Settlement dated twenty eighth
April one thousand nine hundred and fourteen and the Indenture
of Settlement dated eighteenth June one thousand nine hundred
and fourteen I also confirm the Indenture dated the twenty
fourth day of January one thousand nine hundred and twelve
(indorsed on an Indenture dated the eighteenth day of November
one thousand nine hundred and eleven) the present trustees
of which are the said Henry Preuss Arnholz and George
Augustus Sutton And I declare that the provisions
hereby made (unless the contrary is expressly stated herein
in respect of any particular benefit) are intended to be
in addition to and not in satisfaction of those made or covenanted
to be made in and by the said Settlements Conveyances on
Trust Indentures and Declarations of Trust respectively.
-
Subject to clauses 1 and 13 of this my will I bequeath all
my watches jewels personal ornaments and wearing apparel
and all my plate plated articles furniture linen china glass
books pictures prints musical instruments wines liquors stores
and provisions and other articles of household use or ornament
horses carriages and motor cars saddlery harness stable and
motor house furniture and accessories live and dead stock
and garden or other tools implements and utensils to my dear
wife absolutely I also give to her the sum of ten thousand
pounds to be paid within one month after my death
-
I bequeath to my trustees my leasehold messuage with the
outbuildings belonging thereto situate and being Number 1
Carlton Gardens Pall Mall in the City of Westminster (subject
to put with the benefit of any sub demise or sub tenancy
thereof including the rent or payment for the use of any
furniture or other effects if the said leasehold messuage
shall be let furnished) together with the appurtenances and
all advantages appertaining thereto including any beneficial
agreement with any neighbour as to rights or easements or
similar matters In trust for my said wife during her widowhood
or until she shall give notice in writing to my trustees
of her desire no longer to use occupy or enjoy such messuage
and premises she my said wife paying the rent rates taxes
and other outgoings for the time being payable in respect
of the said messuage and premises and keeping the same properly
insured against fire and in good repair and duly observing
and performing all the lessee’s covenants and conditions
contained in the lease under which the said leasehold premises
are holden And I declare that it is my desire that my trustees
shall see to the insurance of the said messuage and premises
but without being in any way responsible for any omission
so to do or for any loss or damage happening thereto from
any cause whatsoever and from and after the death or second
marriage of my said wife or the giving by her of such notice
in writing as aforesaid I declare that the said leasehold
messuage and premises shall be held by my trustees as part
of my residuary estate and I declare that is I should at
any time acquire a renewed lease of the said messuage and
premises or the reversion expectant upon the existing or
any renewed lease the bequest hereinbefore contained of such
messuage and premises in favour of my said wife during her
widowhood or until she shall give such notice in writing
as aforesaid shall not be deemed but shall take effect out
of my estate and interest in such messuage and premises at
my death the conditions or provisions hereinbefore contained
in relation to insurance and repair and otherwise being applicable
as far as circumstances will permit to the altered nature
of my estate and interest in the said premises And I direct
that if at my death I shall no longer be the owner of the
said messuage and premises the bequest or devise hereinbefore
contained in favour of my said wife during her widowhood
or until she shall give such notice in writing as aforesaid
shall extend and take effect mutatis mutandis to and out
of my estate and interest in such house in town (if any)
as shall be in my occupation at my death whether the same
shall be of leasehold freehold or copyhold tenure
-
I bequeath to my brother St John Harmsworth my
freehold residence and surrounding freehold estate and being “Elmwood” in
the Parish of St Peter in Thanet in the County of kent Provided
that my said brother undertakes to reside at the said house
for not less than two calendar months in each year unless
in any year prevented by conditions of health from so doing
I desire him to lend the house from time to time to such
of my friends as have liked to occupy it at my invitation
from time to time in the past Further I would wish him to
bequeath the aforesaid freehold house and adjoining property
to some member of our family who may care to possess them
-
I devise and bequeath all my real and personal estate not
hereby otherwise disposed of unto my trustees Upon trust
that my trustees shall sell call in collect and convert into
money the said real and personal estate at such time or times
and in such manner as they shall in their absolute and uncontrolled
discretion think fit and so that they shall have the fullest
power to postpone the sale calling in collecting or conversion
of the whole or any part or parts of my said real and personal
estate including leasehold or other property of a terminable
or wearing out or property of a reversionary nature during
such period as they shall think proper without being responsible
for any loss or injury which may happen in consequence of
such postponement either to my estate or to any person or
persons beneficially interested therein under this my will
Provided always and I direct my trustees as soon as possible
after my death and before attempting to dispose of them otherwise
to offer to John Walter of Printing House
Square in the City of London by letter all the shares of
whatsoever description in the Times Publishing Company Limited
standing in my name or in the name or names of any nominee
or nominees for me at my death at the best price obtainable
And if the said John Walter shall not within
three calendar months after receipt of such offer accept
the same in writing and thereby agree to complete the purchase
of the shares within six calendar months from the date of
my trustees said letter and shall not actually complete the
purchase thereof within the said period of six calendar months
my trustees shall be at liberty to deal with such shares
as part of my estate as if such offer as aforesaid had not
been hereby directed to be made And I declare that my trustees
shall out of the moneys produced by such sale calling in
collecting and conversion and out of my ready money pay my
funeral and testamentary expenses (including the estate duty
in respect as well of my real as of my personal estate whether
specifically disposed of or not) and debts and the pecuniary
legacy hereinbefore given to my said wife and any duty thereon
and shall in manner hereafter authorised invest the residue
of the said moneys And shall stand possessed of such residuary
monies and the investments for the time being representing
the same (hereinafter called “the residuary trust
fund” upon the trusts following (that is to say)
Upon trust to pay the net income arising therefrom in each
year in the shares and manner following namely -
(1) As to twenty five equal one hundredth parts thereof to
my said wife during her life if she shall so long remain
my widow But if my said wife shall marry again then I declare
that from and after such marriage she shall be entitled during
the remainder of her life to ten equal one hundredth parts
of the said income and no more
(2) As to eight equal one hundredth parts of the said income
to my mother for her life
(3) As to two equal one hundredth parts of the
said income to my sister Geraldine Lady King the
wife of Sir Lucas White King for her life
(4) As to two equal one hundredth parts of the
said income to my sister Violet Wild the
wife of Lieutenant Wilfred Wild for her
life
(5) As to two equal one hundredth parts of the said income
to my sister Christabel Burton the wife
of Percy Burton for her life
(6) As to one equal one hundredth part of the said income
to my brother Vyvyan George Harmsworth for
his life
(7) As to three equal one hundredth parts of the
said income to my brother St John Harmsworth for
his life
(8) As to one moiety of one equal one hundredth part
that is to say one equal two hundredth part of
the said income I direct my trustees to pay or apply in their
absolute discretion during the life of my brother Charles
Harmsworth the whole or any part of the same unto
of for the maintenance and personal support or benefit of
my said brother and my trustees may either themselves so
apply the same or may pay the same for that purpose to any
other person or persons without seeing to the application
thereof And hold any surplus not so paid or applied of such
one moiety of one equal one hundredth part that
is to say one equal two hundredth part of the
said income upon the trusts which would be applicable thereto
for the time being if my said brother were then dead.
(9) As to one equal one hundredth part of the
said income to my wifes mother for her life
(10) As to one moiety of one equal one hundredth part
that is to say one equal two hundredth part of
the said income to my wifes sister Mrs E W O’Brian for
her life
(11) As to one moiety of one equal one hundredth part
that is to say one equal two hundredth part of
the said income to my wifes sister Mrs Edith M Potts for
her life
(12) As to two equal one hundredth parts of the
said income to Louise Owen of 36 Buckingham
Gate in the City of Westminster for her life
(13) As to one equal one hundredth part of the
said income to Gertrude Ivy Sanders of 10
Queens Mansions Brook Green Hammersmith in the County of
London for her life
(14) As to one moiety of one equal one hundredth part
that is to say one equal two hundredth part of
the said income to my friend Charles Whibley for
his life
(15) As to one moiety of one equal one hundredth part
that is to say one equal two hundredth part of
the said income to my friend Max Pemerton for
his life
(16) As to one moiety of one equal one hundredth part
that is to say one equal two hundredth part of
the said income to Henry Gilbert Price of
Printing House Square aforesaid for his life
(17) As to one moiety of one equal one hundredth part
that is to say one equal one two hundredth part
of the said income to Violet Amelia Price wife
of the said Henry Gilbert Price for her
life
(18) As to one moiety of one equal one hundredth part
that is to say one equal one two hundredth part
of the said income to Francis Herbert Mountjoy Nelson
Humphrey-Davy of Printing House Square aforesaid
for his life
(19) As to one moiety of one equal one hundredth part
that is to say one equal one two hundredth part
of the said income to Thomas Edward Mackenzie of
Printing House Square aforesaid for his life
(20) As to one quarter of one equal one hundredth part
that is to say one equal one four hundredth part
of the said income to Miss I Lyon Gordon of
9 Mande Ville Place St Marylebone in the County of London
for her life
(21) As to one quarter of one equal one hundredth part
that is to say one equal one four hundredth part
of the said income to Thomas Marlowe of
Carmelite House Carmelite Street aforesaid for his life
(22) As to one quarter of one equal one hundredth part
that is to say one equal one four hundredth part
of the said income to Charles Hands of Carmelite
House Carmelite Street aforesaid for his life
(23) As to three equal one hundredth parts of
the said income to the trustees of the said Settlement marked
(NO 2.) dated the eighteenth day of November one thousand
nine hundred and eleven of the proceeds of sale of the hereditaments
comprised in the Conveyance on Trust for sale also dated
the eighteenth day of November one thousand nine hundred
and eleven (both of which deeds are referred to in the Second
Clause of this my will) to be held and applied by them on
the trusts of the said Settlement of Proceeds of sale as
far as may be possible without infringing the Rule against
Perpetuities
(24) As to three equal one hundredth parts of
the said income to the trustees of the said Settlement or
Declaration of Trust dated the twenty first August one thousand
nine hundred and twelve which is referred to in the said
Second clause of this my will to be held and applied by them
on the trusts of the said Settlement or Declaration of Trust
as far as may be possible without infringing the Rule against
Perpetuities
(25) As to three equal one hundredth parts of
the said income to the trustees of the said indenture of
Settlement dated the twenty eighth April one thousand nine
hundred and fourteen which is referred to in the said Second
clause of this my will to be held and applied by them on
the trusts of the same Indenture so far as may be possible
without infringing the Rule against Perpetuities
(26) As to three equal one hundredth parts of
the said income to the said hundredth during his
life so long as he shall act as executor and trustee of this
my will by way of remuneration for so doing and in addition
to any professional charges which he may be entitled to make
in accordance with clause 23 of this my will
(27) As to seven equal one hundredth parts of
the said income to the said George Augustus Sutton during
his life so long as he shall act as executor and trustee
of this my will by way of remuneration for so doing and in
addition to the specific legacy given him under clause 1
of this my will
(28) I declare that on the failure (whether in my lifetime
or afterwards) of each of the trusts declared respectively
by the subclauses (1) to (27) of this clause of this my will
the shares or share of income which are or is the subject
of the trust which shall have failed (including all additions
thereto under this present provision) shall be added to the
income of such of the said trusts created by such sub clauses
(1) to (27) of clause 6 of this my will as shall not have
failed at that date and to the last one of such trusts when
all but one shall have failed and in every case except the
last such addition to each trust shall be in the proportion
which the income then subject to that trust (including income
accrued under this present provision) shall at that date
bear to the income then subject to the others or other of
the said trusts which shall have not failed (including income
accrued under this present provision
(29) As to the remaining twenty eight and one quarter equal
one hundredth parts of the said income not hereinbefore
disposed of and also as to the several parts hereinbefore
disposed of of the said income from and after the failure
or determination of the last of the trusts declared of the
same I declare that my trustees shall hold the same upon
the trusts following (that is to say) Upon trust to pay to
the said Henry Preuss Arnholz my solicitor
in the event of my death before the dates respectively at
which the respective amounts are to cease the respective
amounts as nearly as possible on the respective days and
for the respective periods during which I have directed my
Bankers Messrs Coutts & Co to make periodical
payments to the said Henry Preuss Arnholz and
also upon further trust if my trustees shall in their absolute
discretion think fit so to do (but not otherwise) to pay
to any other person or persons to whom I shall have been
(directly or through the hands of an Agent) making periodical
allowances during my lifetime similar periodical allowances
respectively equal in amount to and payable as nearly as
possible at the same time or respective times as the sums
which I shall have been paying directly or through the hands
of an Agent to them or any or either of them respectively
by way of allowance during the twelve calendar months previous
to my death or if by reason of ill health or other involuntary
cause I shall have been prevented from making payments by
way of allowance to them or any or either of them during
the twelve calendar months previous to my death then sums
equal in amount to the payments which I shall have made to
them or any or either of them during the twelve calendar
months before such cessation of payments shall have happened
And my trustees shall have full power to determine on such
evidence as they my trustees in their absolute discretion
think sufficient the persons to whom I have been in the habit
of making such payments or allowances either directly or
through the hands of an Agent as aforesaid And also upon
further trust in the event of the income receivable by the
trustees for the time being of the said Indenture of Settlement
or Declaration of Trust dated the tenth day of September
one thousand nine hundred and eight the present trustees
of which are the said Henry Preuss Arnholz and George
Augustus Sutton together with the income receivable
by them under the said Indenture dated the eighteenth day
of August one thousand nine hundred and ten and the twenty
second day of March one thousand nine hundred and eleven
not amounting to the sum of fourteen thousand pounds in any
year after my death then to pay to such trustees in every
year until the trusts as to income under the said Indenture
of Settlement or Declaration of Trust shall come to an end
such a sum as will make up the sum of fourteen thousand pounds
for such year And I declare that subject to the preceding
trusts my trustees aforesaid shall accumulate the income
of which such are hereinbefore declared by investing the
same and the resulting income thereof in manner hereafter
mentioned To the intent and so that such accumulated income
shall form a fund (hereinafter referred to as “the
legacy fund”) for the payment at such time or
times within ten years from my death and in such order and
manner in every respect as my trustees in their absolute
and uncontrolled discretion shall think fit the several legacies
hereinafter mentioned and any interest payable in respect
thereof (that is to say)
To each nephew and niece of my own and of my wifes a legacy
of five hundred pounds payable at the age of twenty one in
the case of nephews and nieces who at the date of my death
are minors but if at such date any nephews and nieces are
already of age they shall receive each the aforesaid legacy
at such time as my trustees shall think fit
To each godchild of my own and of my wifes a legacy of one
hundred pounds Provided that within a period of five years
from my death each such person shall satisfy my trustees
by such evidence as my trustees shall require that he or
she is a godchild or mine or of my wifes
To each of the following the sum of one thousand pounds (that
is to say)
- To my cousin Arthur George Lancelot Hendry
- to William Graham of 24 Coleman Street
in the City of London
- to Frederick neville Jackson aforesaid
To each of the following the sum of five hundred pounds (that
is to say)
- To Mrs Frederick Nevill Jackson wife of
the aforesaid Frederick Nevill jackson
- to Mrs Grace Douglas-Pennent wife of Algernon
Douglas-Pennant
- to Lieutenant-Colonel Sir campbell Stuart of
Printing House Square aforesaid
- to marine H Dubbs of St Louis in the State
of Missouri in the United States of America
- To Major Alfred Pemberton son of Max
Pemerton aforesaid
- to Major John Evelyn Leslie Wrench of
the Overseas Club general Buildings Aldwych in the County
of London
- to C I Beattie of Carmelite House Carmelite
Street aforesaid
- to Amy Jane Cottell of Printing House
Square aforesaid
- to Charles Benham of Carmelite House Carmelite
Street aforesaid
- to Nurse Sarah Mccalmont the faithful
attendant on my brother St John Harmsworth
To each of the following the sum of one hundred pounds (that
is to say)
- To W A Ackland of printing House Square
aforesaid
- to John P Bland Printer of “The
Times” of Printing House Square aforesaid
- to G Murray Brumwell of Printing House
Square aforesaid
- to Alfred Butes of “The Times” Book
Club 380 Oxford Street in the County of London
- to Lieutenant Commander George E Beer R N V R (retired)
of Printing House Square aforesaid
- to Claude E Burton of Carmelite House
Carmelite Street aforesaid
- to Sir Andrew Caird of Carmelite House
Carmelite Street aforesaid
- to J E Chamberlain of Carmelite House
Carmelite Street aforesaid
- to George C Curnock of Carmelite House
Carmelite Street aforesaid
- to E H Curtis of “The Daily
mail” Office at Deansgate manchester in the
County of Lancashire
- to George Albemarle B Dewar of 34 Cheyne
Court Cheyne Walk Chelsea in the County of London
- to J Dick of Carmelite House carmelite
Street aforesaid
- to Charles Duguid of Printing House Square
aforesaid
- to W. J. Evans of Carmelite House Carmelite
Street aforesaid.
- to Bernard B Faulk of Carmelite House
Carmelite Street aforesaid
- to W G Fish of Carmelite House carmelite
Street aforesaid
- to George S Freeman of Printing house
Square aforesaid
- to Hamilton Fyfe of Carmelite House carmelite
Street aforesaid
- to Joseph T Gleason of the Offices of
the Amalgamated Press Limited 154 Nassau Street in the City
and State of New York in the United States of America
- to Peter A Goudie of the Offices of the
Continental Edition of “The Daily Mail” at
36 Rue du Sentier in Paris France
- to James L Garvin of 9 Greville Place
at Johns Wood in the County of London
- to E G Heath Hosken of Carmelite House
Carmelite Street aforesaid
- to H S Imber of Carmelite House Carmelite
Street aforesaid
- to Mrs Jealous of “The Hampstead
and Highgate Express” Highgate in the County
of Middlesex
- to Claude Johnson of 14 Conduit Street
Regent Street in the County of London
- to Chris Shotter Kent of carmelite House
carmelite Street aforesaid
- to W Lints-Smith of Printing House Square
aforesaid
- to Leo Maxse of 33 Cromwell Road South
Kensington in the County of London
- to Isaac F Marcosson of The Players Club
16 Gramercy Park in the City and State of New York in the
United States of America
- to J H Newton of The Fleetway House Farringdon
Street aforesaid
- to C A Pfister of the Offices of the Continental
Edition of “The Daily mail” at 36 Rue
de Sentier Paris France
- to O J Pulvermacher of carmelite House
carmelite Street aforesaid
- Second Lieutenant Harold W Snoad H A C of “Goldhurst” Sydney
Road New Southgate in the County of Middlesex
- to henry Wickham Steed of Printing House
Square aforesaid
- to Valentine Smith of carmelite House
carmelite Street aforesaid
- to Wareham Smith of Carmelite House Carmelite
Street aforesaid
- to Tom Swinburne Sheldrake of Printing
House Square aforesaid
- to E A Sursham of The Fleetway House Farrington
Street aforesaid
- to Charles Tower of Carmelite House carmelite
Street aforesaid
- to Alfred Turner of Carmelite House carmelite
Street aforesaid
- to Sir Arthur Willert of 510 Wilkins Building
Washington District of Columbia in the United States of America
- to captain G valentine Williams M C Irish
Guards (Retired) of Carmelite House Carmelite Street aforesaid
- to James Waters of 15 Great Russell Mansions
Great Russell Street Bloomsbury in the County of London
- to George White of the Offices of “The
Evening News” Carmelite House carmelite Street
aforesaid
- to Herbert W Wilson of Carmelite House
carmelite Street aforesaid
To each of the fathers of the Chapels at each of the Printing
establishments or other departments of the various offices
at which any of the newspapers or other publications of which
I am principal Proprietor is or are printed the sum of fifty
pounds
I declare that certain of the beneficiaries whose names appear
in the aforementioned lists of legacies will also benefit from
the provisions which I make hereinafter in favour of employees
in the various companies with which I am connected by reason
of their being employed in various capacities by these companies
In such cases I declare the legacies to be in addition to and
not in substitution of other benefits conferred upon them under
this clause of this my will I further bequeath to the following
(that is to say)
To my friend and chauffeur Harry Egerton Pine of
27 Grosvenor Mews Davies Street in the City of Westminster
if in my employment at my death and not then under notice to
leave either given or received the sum of five pounds a week
for his life
To my Valet Paul Medeux if in my employment
at my death and not then under notice to leave either given
or received the sum of thirty months salary
To my Golf professional A Thomson of “Formy
House” 3 Dagmar Avenue Wembley Hill in the County
of Middlesex a legacy of one hundred pounds
to Mrs A Gordon my housekeeper at Elmwood
St peter in Thanet in the County of kent a legacy of one hundred
pounds
To my mothers attendant Mrs Cook at poynters
Hall Toterridge in the County of Hertford the sum of fifty
pounds a year for life
To every Director at my death (including in the term Director
every managing Director) of The Times Publishing Company Limited
and of every Company of which I shall be a Director at my death
the sum of one thousand pounds each but not so as to multiply
bequests to individuals who may happen to be directors of more
than one company and so that in any and every such case such
individuals shall respectively take one legacy only
To such of the Employees of all grades (exclusive of Directors
and Managing Directors) of the following companies namely The
Times Publishing Company Limited Associated Newspapers Limited
The Amalgamated Press Limited The Anglo-Newfoundland Development
Company Limited The Imperial Paper Mills Limited and The Empire
Printing Ink Company Limited and also to all such of my private
servants and employees as well as to all such of the private
servants and employees of my mother who are not included by
name (excepting newspaper employees mentioned by name in the
aforesaid lists of legacies) or as members of any class of
beneficiary in any gift or benefit given or conferred by this
my will or any codicil hereto as at the date of my death shall
have been either in the employment of one of other of the said
companies or in my personal employment or in the personal employment
of my mother for more than three years immediately preceding
my death and shall at my death be in such respective employment
and not under notice to leave whether given or received sums
equal to the salaries or wages and in cases where remuneration
is by way of commission only sums equal to the commission of
such servants and employees respectively earned by them during
the period of three calendar months immediately preceding my
death But this bequest is not to include writers of articles
stories or other literary or artistic matter paid for by the
piece but only such persons as are paid by salary or commission
And I declare that if any question shall arise as to whether
any servant or employee is entitled to benefit under this clause
or as to the amount of his or her salary wages of commission
during such period of three calendar months as aforesaid the
same shall be decided by my trustees whose determination shall
be final and conclusive
-
I declare that each of the said legacies payable out of
the legacy fund shall carry interest at the rate of four
per cent per annum from the expiration of one year from my
death until payment thereof respectively
-
I declare that when and so soon as the said legacies and
interest thereon as aforesaid shall have been fully paid
so much of the legacy fund as shall remain after such payment
and the income thereof and also the income which but for
such payment would thereafter have been accumulated as part
of the legacy fund under the provision in clause 6 sub clause
29 of this my will may in the absolute and uncontrolled discretion
of my trustees be applied in augmenting the amount of the
income for the time being payable under sub clauses 1 to
27 of clause 6 of this my will and either in proportion to
the amounts for the time being payable under those subclauses
respectively or in such other proportion or manner as my
trustees in such discretion as aforesaid may deem proper
having regard to the circumstances of the respective persons
and receipt of income under the same sub clauses or to any
other consideration and for the purposes of this clause my
trustees may if in their absolute and uncontrolled discretion
they shall think fit so to do accumulate any income applicable
as aforesaid for such period or periods continuous or otherwise
as they shall think proper
-
All gifts of income made by this my will in favour of a
woman shall be for her separate use without power of anticipation
And I declare that subject to any provision to the contrary
contained in this my will all payments under this my will
out of the income of the residuary trust fund may be made
at such time or times during the year in which the same shall
have been earned or otherwise and by such instalments and
generally in such manner as my trustees in their absolute
and uncontrolled discretion may think proper But I declare
that as far as possible my trustees in distributing the said
income will have regard to the convenience of the beneficiaries
-
Subject to the trusts hereinbefore declared and to the powers
and authorities contained in this my will my trustees shall
hold the residuary trust fund and the income thereof upon
the trusts following (that is to say)
(1) As to one equal Moiety of the residue of such fund and
the income thereof Upon trust to pay the same to all or such
one or more of the three following charities viz - The Newspaper
Press Fund The Newsvendors Provident Institution and The
Printers Almshouses and Orphan Asylum Corporation and in
such shares and proportions as my trustees or trustee for
the time being shall by deed executed not later than two
years after the death of the survivor of me and my wife appoint
and in default of and subject to any partial appointment
Upon trust to pay one equal third part of such moiety to
the said Newspaper Press Fund and another equal third part
of such moiety to the said Newsvendors Benevolent and Provident
Institution and the remaining equal third part to the said
Printers Almshouses and Orphan Asylum Corporation the receipt
of whose respective Treasurers or other proper Officers for
the time being shall be a sufficient discharge therefor
(2) As to the remaining equal moiety of the residue of such
fund Upon trust not later than two years after the death
of the survivor of me and my wife to pay or apply the same
in founding a charity or a set of independent Charities the
object of which or of each of which shall be the providing
of pensions for aged or infirm or incapacitated employees
(including in that expression all grades) of all or any one
or more to the exclusion of the others or other of the following
companies that is to say The Times Publishing Company Limited
and the various companies with which as largest shareholder
or Director or Managing Director or President I shall be
connected at my death as my trustees or trustee for the time
being shall select with full power in their or his absolute
and unfettered discretion to determine the proportions and
manner in which such last mentioned moiety shall be apportioned
amongst such charities (if more than one) and I give to my
trustees full power to decide and fix the terms and conditions
as to length of service and otherwise on which employees
of the said companies or any of them shall be entitled to
benefits from such charity or charities and generally to
decide all questions arising in relation thereto and make
all necessary arrangements and investments in connection
therewith and to settle or approve any scheme or schemes
for carrying out the purposes of this clause and to pay or
transfer the said last mentioned moiety or the investments
representing the same or any part or parts to any trustees
appointed under such scheme or schemes and generally to act
in the premises as if they were the absolute owners of the
moneys to be appropriated for the purposes of such pension
fund or funds as aforesaid provided always that if from any
cause my trustees or trustee for the time being shall fail
to found the aforesaid charity or charities within two years
after the death of the survivor of me and my wife then in
such case such charity or charities shall be found under
a scheme to be sanctioned by the Court or the Charity Commissioners
on the application of His Majestys Attorney General
-
I empower my trustees in their absolute discretion to raise
and pay to or provide for any person for the time being entitled
to a share of the income of the residuary trust fund (other
than my said wife and the said Henry Preuss Arnholz and George
Augustus Sutton and in lieu of such share or income
such a sum as shall be calculation made by an actuary employed
by my trustees be fixed as the then present capital value
of such share or income And this power may be exercised without
the consent of the beneficiary in any case in which the circumstances
may in the opinion of my trustees render such a course desirable
-
I make no provision for my brothers not named specifically
in this my will nor have I bequeathed real estate to my wife
in view of my recent gift to her of Buckthorn Hill and of
Broom farm both situate at Crowborough in the County of Sussex
-
I authorise each of my brothers to select out of my articles
and effects mentioned in clause 4 of this my will such one
article or effect as he may desire to keep as a souvenir
of me. I direct that my brother the said Right Honourable
Harold Sydney Baron Rothermere shall have the first
choice and that the others shall choose in order of seniority
And I also direct that in the cases of those of my said brothers
who are married their wives may after the completion of the
choice made by their husbands and by my other brothers also
make a selection out of my articles and other effects mentioned
in clause 4 of this my will as souvenirs of me But that in
the cases of my said sisters in law the order of selection
shall be by seniority not of age but of date of marriage
And I further declare that both as regards my brothers and
my sisters in law the choice shall in every case be subject
to such limitations in regard to intrinsic value as my wife
may prescribe by letter to be written by her to my trustees
or in default of such letter as my Trustees may in their
absolute discretion prescribe And any questions as to value
which may arise in giving effect to the provisions of this
clause shall be settled by my trustees whose decision shall
be final
-
In token of the interest that I take in the Sylvan Club
which meets at the Tavistock Hotel Covent garden in the County
of London which Club was founded by my Revered father I declare
my desire to promote its progress by authorising my trustees
to pay annually to the Committee of the said Club the sum
of one hundred pounds to be paid as yearly salary to the
Secretary of the Club and I desire that the first Secretary
appointed at the said salary be the aforesaid Francis
Herbert Mountjoy Nelson Humphrey Davy one of my
private secretaries and that he continue in the said office
for so long as he shall diligently discharge the duties thereof
-
I direct that every benefit given by this my will shall
be free of all death duties whatsoever
-
I direct that the rent profits and income to accrue after
my death from such part of my estate (with the exception
of Elmwood which I dispose of under clause 5 of this my will)
shall after payment of all incidental expenses and outgoings
and whatever may be the actual condition of such part of
my estate be paid and applied to the person or persons and
in the manner to whom and in which the interest of the proceeds
of such sale and conversion would for the time being be payable
or applicable under this my will if such sale and conversion
had been actually made and that all income produced from
my estate in its actual condition for the time being whether
consisting of property or investments of a Wasting or permanent
character shall as well during the first year from my death
as at all times afterwards be applicable as income under
the trusts of this my will no part thereof in any event liable
to be retained as capital but no property not actually producing
income which shall form part of my estate shall be treated
as producing income or as entitling any person to the receipt
of income
-
I declare that as regards any real property (apart from “Elmwood” which
as aforementioned I bequeath to my brother St John
Harmsworth under clause 5 of this my will) or as
regards any leasehold property for the time being remaining
unsold my trustees may let or demise the same either from
year to year or for any term of years at such rent and subject
to such covenants and conditions as they shall think fit
and may accept surrenders of leases and tenancies cut timber
expend money in repairs and improvements and generally manage
such property according to their absolute discretion And
I direct that the proceeds of any timber sold by my trustees
shall be considered either as capital or as income or partly
as capital and partly as income as my trustees may think
proper and that any money required for repairs or improvements
insurance calls or shares or other purposes in the judgment
of my trustees beneficial to my estate may be raised either
out of the income or out of the capital of my estate as my
trustees may under the circumstances think fair and equitable
-
I declare that all moneys liable to be invested under this
my will may be invested in any manner my trustees in their
absolute and uncontrolled discretion may think fit including
stocks shares bonds and securities the capital and interest
of which are payable to bearer and also including the purchase
of ordinary or preferred shares in joint stock or other companies
or concerns whether in the United Kingdom or abroad to which
liability may be attached or ordinary or preferred stock
in any such companies or upon loans upon security of personal
property or on no security whatever and the acquisition on
any terms which my trustees may in such discretion think
fit of any property whatsoever whether real or personal And
I further declare that my trustees may vary such investments
from time to time in such discretion as aforesaid and for
that purpose may make any sale or other disposition of property
forming part of my estate
-
Without prejudice to the generality of the powers conferred
on my trustees by this my will and by way of amplification
and not of limitation of such powers I authorize my trustees
if in the absolute and uncontrolled discretion they shall
think it proper and to the interest of my estate so to do
at any time or times to sell and convert into money any property
forming part of my estate at a price which may for the time
being be below the market value of such property and to apply
at any time or times any part of the income or capital of
my estate for any purpose whatsoever which my trustees in
such discretion as aforesaid may deem beneficial to my estate
in as ample a manner as I myself could have done if alive
including the provision of pensions for any persons employed
by them or by any of the companies or concerns in which either
I at my death or my trustees in that character may thereafter
be interested as owners shareholders partners or otherwise
or for any other persons known to me and generally I empower
my trustees to act or concur in acting in regard to all matters
relating to any of such companies or concerns as aforesaid
or any other matter in connection with my estate or the administration
thereof in as free and uncontrolled a manner as if they were
beneficially entitled to my estate it being my intention
that the said Henry Preuss Arnholz whom
I have known since I was ten years old and the said George
Augustus Sutton whom I have known since the year
one thousand eight hundred and ninety both of whom are well
acquainted with my wishes and intentions with regard to my
estate and in whose business capacity and fairness and integrity
I have the fullest confidence and other the trustees or trustee
for the time being of this my will shall have the fullest
freedom of action and the widest and most absolute and uncontrolled
discretion in all matters whatsoever relating to the administration
of my estate and the carrying out of the purposes of this
my will And I particularly declare that my trustees shall
be free from all responsibility and be fully indemnified
out of my estate in respect of any loss which may arise from
anything which they may do or cause to be done or omit or
neglect to do in relation to my estate or the administration
thereof
-
By way of further amplification of the powers of this my
will conferred on my trustees and in token of the loyal and
devoted service of the staffs of the various companies with
which I am connected and in addition to any other benefit
conferred on them by this my will and with a view of increasing
their interest in such companies respectively I authorise
and direct my trustees to offer to such members of the staffs
of all or any of such companies as my trustees and my said
brother the Right Honourable Harold Sydney Baron
Rothermere or upon the death of my said brother
my trustees may approve and at such price or prices whether
below the market value or not as my trustees and my said
brother during his life may in the like discretion think
fit And I declare that any such offer shall be made in such
manner as my trustees may think fit and if not accepted in
writing signed by the person to whom it shall be made within
thirty days from its being made shall be deemed to have been
refused and that is such offer shall be accepted the purchase
shall be completed within twelve calendar months from the
date of the offer And I further declare that any member of
any such staff as aforesaid who has once accepted or refused
any such offer as aforesaid shall not have any further offer
made to him or to her under this clause
-
I declare that my trustees shall have the fullest powers
of determining what property shall pass under any specific
bequest or devise contained in this my will or any codicil
hereto and of apportioning blended trust funds and of determining
whether any moneys are to be treated as or paid out of capital
or income and also the value of any property whereof for
any of the purposes of this my will it shall be necessary
or desirable to ascertain the value and generally of determining
all matters as to which any doubt difficulties or question
may arise under or in relation to the execution of the trust
and powers of this my will or any codicil hereto And I declare
that every determination of my trustees in relation to the
premises and although they or any one or more of them may
be personally interested in the result of such determination
shall bind all persons interested or whom may become interested
under this my will or any codicil hereto and shall not be
objected to or questioned upon any ground whatsoever And
I particularly declare that if any beneficiary under this
my will or any codicil thereto shall at any time raise any
question as to any act or proceeding of my trustees in the
administration of my estate or otherwise relating thereto
which my trustees shall consider to be frivolous or vexatious
or contrary to the spirit and intention of this my will or
likely to impede or hamper such administration or otherwise
undesirable to be raised and shall give their opinion to
that effect to such beneficiary in writing and shall by the
same writing require such beneficiary to proceed no further
in the matter whether by legal proceeding or by correspondence
or in any other matter and if after receiving such opinion
and requisition such beneficiary shall proceed further in
the matter such beneficiary shall forfeit all interest under
this my will or any codicil hereto I declare that together
with the said opinion and requisition my trustees shall furnish
to such beneficiary a copy of this clause and that such opinion
and requisition as aforesaid shall be signed by all the trustees
for the time being of this my will Provided always and I
further declare that my trustees shall be entitled to remit
any forfeiture under this clause at any time within twelve
calendar months after the same shall have taken effect and
to restore the beneficiary to his or her original rights
if my trustees shall be of opinion that such beneficiary
has acted in good faith or that for any other reason it is
desirable or proper to make such remission
-
In case of any difference arising between my trustees in
regard to any question act manner or thing touching this
my will or the administration of my estate the opinion of
the Senior trustee in respect of age if all the trustees
shall be of equal standing and otherwise the opinion of the
trustee who shall have been longest trustee of this my will
shall prevail
-
I declare that every executor or trustee of this my will
may instead of acting personally employ and pay a solicitor
or other person to transact any business or do any act required
to be done in connection with the administration of my estate
or the trust property including the receipt and payment of
money but not the exercise of any discretion and that any
executor or trustee being a solicitor or other person engaged
in any profession or business may be so employed and shall
be entitled to charge and be paid all usual professional
charges for any business or act done by him or his firm in
connection with my estate or the trust property including
any act which a trustee not being a solicitor or person engaged
as aforesaid could have done personally
-
In the event of the death of a last surviving or continuing
trustee of this my will I request his personal representatives
to exercise forthwith the power of appointing new trustees
conferred by Section 10 of the Trustee Act 1893
-
I direct that the number of my trustees as far as conveniently
may be shall always be kept up to the minimum of two
IN WITNESS whereof I have to this my will contained in the
nineteen preceding sheets of paper set my hand this twenty second
day of March one thousand nine hundred and nineteen - NORTHCLIFFE -
THIS IS A CODICIL to my last will dated the twenty second day
of March one thousand nine hundred and nineteen In view of a
surgical operation that I am about to undergo I desire carefully
to define my directions as to the disposal of the following companies
In regard to the Associated Newspapers Limited in which I hold
a controlling interest this company not only owns “The
Dail Mail” “The Evening News” “The Weekly
Despatch” and “The Oversees daily Mail” but
more than two million Ordinary shares in the Anglo-Newfoundland
Development Company Limited This last mentioned company prior
to the war was entering upon an obvious condition of great prosperity
and its development so rapidly at the conclusion of the War together
with my knowledge of its assets existing and prospective causes
me to consider that my deferred shares in the Associated Newspapers
Limited should realise not less than seven pounds per share and
I therefore direct my executors not to sell the same at a lower
price than seven pounds per share Judging by my experience at
the time when the “Times” Newspaper was
for sale and by the fact that I have declined one and a quarter
million pounds for the said shares of the Associated Newspapers
Limited there will be undoubtedly persons and syndicates who
will desire to obtain control of these Newspapers and the vast
Newfoundland concern which embraces an area exceeding three thousand
square miles to whom it might not be desirable for patriotic
reasons to sell the same I therefore direct my executors to let
the final choice of a purchaser of the said shares rest with
my brother Viscount Rothermere if living with
whom I have discussed the matter and who will not dispose of
these interests to any person who is not British born nor to
any company or Syndicate the members of which are not wholly
or at least preponderatingly of British birth and if unfortunately Viscount
Rothermere should die before the said shares are sold
I direct my executors to follow a like course But I suggest that
the sale take place as rapidly as possible having regard to all
the surrounding circumstances
In the event of the services of Mr Thomas Marlowe and Sir
Andrew Caird not being retained by the Directors of
the Associated Newspapers Limited after the sale of my shares
at an adequate remuneration I bequeath to each of them whose
services are not so retained a sum of twenty five thousand pounds
free of duty out of the purchase money of my said shares by way
of compensation and I empower my chief executor Sir George
Augustus Sutton Baronet to decide whether or not any
offer made to either of the said Thomas Marlowe and Sir
Andrew Caird is adequate having regard to the remuneration
received by them from the Associated Newspapers Limited at my
death But I desire to express my emphatic opinion that the editorial
judgment of the said Thomas Marlowe and the
commercial ability of the said Sir Andrew Caird are
very valuable assets to the Associated Newspapers Limited I desire
that so long as the said Sir George Augustus Sutton or
his immediate successor shall be chairman of the Directors of
the Amalgamated Press Limited my executors shall have absolute
and unfettered discretion to retain my shares in that company
or any of such shares unsold save as above I confirm my said
will IN WITNESS WHEREOF I the Right Honourable Alfred
Charles William Viscount Northcliffe have hereunto set
my hand the thirteenth day of June One thousand nine hundred
and nineteen - Northcliffe -
Signed by the said Right Honourable Alfred Charles William
Viscount Northcliffe as and for a codicil to his last
will 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 -
David Kimber 3 / 4 Great Winchester Street E
C 2 Managing Clerk to Russell & Arnholz of
the same place Solrs. -
Geo E Saunders 3 / 4 Great Winchester Street
E C 2 Costs Draughtsman to Russell & Arnholz of
the same place.
IN WITNESS whereof I have set my hand to this second codicil to
my said will this twenty third day of June one thousand nine hundred
and twenty - Northcliffe - Signed and declared
by the said testator as and for a second codicil to his last will
in the presence of us present at the same time who in his presence
and in the presence of each other have hereunto subscribed our
names as witnesses -
David Kimber 3 / 4 Great Winchester Street London
E C 2 Managing Clerk to Messrs Russell & Arnholz of
the same place Solicitors -
Geo E Saunders 3 / 4 Great Winchester Street London
E C 2 Costs Draughtsman to Messrs Russell & Arnholz of
the same place Solicitors.
CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
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