Dearie:Russell Family History

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Be it known that at the date hereunder written the last Will and Testament of Charles James Fox late of Oakeley House No 317 City Road in the County of Middlesex Gentleman deceased who died on 11th day of September 1885 at Oakeley House aforesaid was proved and registered in the Principal Registry of the Probate Division of her Majesty’s High Court of Justice and that administration of the personal estate of the said deceased was granted by the aforesaid court to Charles Fox of Nos. 7,8,9 and 10 Eldon Street Finsbury in the said County upholsterer Thomas Fox of Nos. 7, 8,9 and 10 Eldon Street aforesaid Upholsterer the sons of the said deceased and Frederick Herzog of No 13 Northampton Park Canonbury in the said County Cotton Broker the Executors named in the said Will they having been sworn well and faithfully to administer the same. Dated 20th day of October 1885 Gross Value of Personal Estate £43694.17.10

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This is the last Will and Testament of me Charles James Fox of Oakley House 317 City Road in the county of Middlesex, Gentleman I hereby revoke all former Wills Codicils and Testamentary appointments and declare this to be my last Will and Testament I appoint my sons Charles Fox and Thomas Fox and my son in law Frederick Herzog Executors of my Will. I give to each of them the said Charles Fox, Thomas Fox and Frederick Herzog a legacy of fifty pounds. I give my wife Matilda a legacy of two hundred pounds to be paid immediately after my decease I give all my household furniture and effects plate linen china glass and all my wines and spirits and consumables articles and all other articles of domestic use to my said wife absolutely I give to my son James Fox a legacy of five hundred pounds I give Isaac Camegh my old and faithful foreman when I was in business the sum of fifty pounds in recognition of his past services I also give to George Tyrrell, now in the employ of my sons as salesman fifty pounds I also give to Lydia Herring (a Cook in my domestic service) the sum of twenty five pounds I bequeath to the Treasurer or other proper officer of the Infants Orphan Asylum at Wanstead in Essex the sum of fifty pounds to be paid out of such that my personal estate as may by law be bequeathed for charitable purposes and to be applicable for the charitable purposes of that institution I direct that all the legacies and annuities given by this my Will shall be paid free of duty I empower the said Charles Fox Thomas Fox and Frederick Herzog and the survivors or survivor of them and the executors and administrators of such survivor their and his/ assigns to let and permit my said wife if she shall think fit to reside in and occupy my residence Oakley House, 317 City Road aforesaid during her life or for as long as she may wish at the yearly rent of one hundred pounds. I devise all my real estate including chattels real of which I may be possessed or over which I may have any power of appointment at the time of my death into and to the use of the said Charles Fox Thomas Fox and Frederick Herzog their heirs and assigns upon trust that they the said Charles Fox,Thomas Fox and Frederick Herzog or the survivors or survivor of them or the heirs of such survivor their or his assigns shall either permit the same to remain in its present state of investment or in their or his discretion sell the same at such time or times and in such manner and subject to such conditions

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as to them or him shall seem proper and shall stand possessed of the monies to arise from such sale upon the trusts and with under and subject to the powers provisions and declarations herein after contained concerning the same I give and bequeath all the residue of the personal estate of which I may be possessed or over which I may have power of appointment at the time of my death unto the said Charles Fox, Thomas Fox and Frederick Herzog their executors administrators and assigns upon trust that they or he shall either permit the same or any part or parts thereof to remain in their present state of investment or in their or his discretion sell the same and stand possessed of the monies to arise form such calling in and conversion into money and of such money as I may be possessed of or entitled to at the time of my death upon the trusts and with under and subject to the powers provisions and declarations herein after contained concerning the same And I hereby declare that the said Charles Fox, Thomas Fox and Frederick Herzog and the survivors or survivor of them or the heirs executors or administrators of such survivor their or his assigns herein after called my said trustees or trustee shall stand possessed of the monies to arise from the sale and conversion my said real and personal estate upon trust that they or he shall in the first place pay and discharge all my funeral and testamentary expenses and debts and the expenses of the sales and conversion in money and the legacies bequeathed by this my Will or any Codicil thereto and shall invest the surplus or residue thereof in their or his names or name in or upon any of the public stocks or funds or government securities of the united Kingdom or India or any Colony or Dependency of the United Kingdom or upon freehold or copyhold securities or on leasehold securities whereof not less than fifty years are unexpired to be situated in England or Wales but not elsewhere And also with full power from time to time when they or he shall or may think fit to alter vary and transport the said stocks funds and securities into and upon other stocks funds or securities of the same or like nature I direct that my said trustees or trustee shall stand possessed of the proceeds of the sale of my real and personal estate and of the monies I may be possessed of after payment thereof of the expenses debt and legacies therein after mentioned and of the stocks funds and securities in or upon which the same may be invested and the annual income thereof herein after called my trust estate upon trust to pay the clear yearly sum or annuity of four hundred and fifty pounds to my said wife Matilda for her sole and separate use by equal half yearly payments the first of such half yearly payments to become due six calendar months after my decease and also to pay there out one other clear yearly sum of annuity of fifty pound to my sister Mary the widow of the late George Smith for her life by equal half yearly payments for her sole and separate use the first of such payments to become due and be made six calendar months after my decease and subject to the payment of the said two several yearly annuities I direct that my said trustees and trustee shall stand possessed of my trust estate and the annual income thereof upon the trusts and with under and subject to these powers provisoes and declarations herein after contained concerning the same that is to say As to one equal undivided seventh part thereof my said trustees or trustee shall pay the annual income thereof to my son Charles Fox during his life or until he shall be outlawed or become bankrupt or shall assign charge or incumber the said annual income or shall do or suffer some act or thing whereby the same or some part thereof would be through his act or default or by operation or process of law or otherwise if belonging absolutely to him become

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vested in or payable to some other person or persons And from and after the determination of the trust herein before declared in favour of my said son Charles Fox my said trustees or trustee shall pay the whole or any part or parts of the said annual income to any wife of my said son who may be living on the determination of the trust last herein before declared for her life or for such lesser period and subject to such stipulations restrictions and conditions as my said son shall by any deed or deeds to be respectively made and executed by him before the determination of the trust herein before declared in his favour or by his last Will and testament in writing to be executed by him in the presence of and attested by two credible witnesses appoint and in default of and subject to such appointment my said trustees or trustee shall stand possessed of the said one seventh part or share of my trust estate and the annual income thereof upon trust for all or such one or more exclusively of the others or other of the issue of my said son Charles Fox to be born during his life or within twenty one years after his death at such age or time or respective ages or times if more than one in such shares and with such future and executary or other trusts for the benefit of the said issue or some or one of them with such provisions for their respective maintenance education and advancement either at the discretion of my said trustees or trustee or any other person or persons and upon such conditions with such restrictions and in such manner in all respects as the said Charles Fox shall by deed with or without the power of revocation and new appointment or by Will or Codicil to be respectively made and executed by my said son before the determination of the trust herein before declared in his favour appoint and in default of such appointment and so far as any such appointment shall not extend upon trust for all the children or any the child of my said son Charles Fox who being sons or a son shall attain that age or of twenty one years or being daughters or a daughter shall attain that age or marry under that age and if more than one in equal shares Provided always that no child of the said Charles Fox who or whose issue shall take any part of the said trust estate under any appointment in pursuance of the power lastly herein before contained shall in default of appointment to the contrary have or be entitled to any share of the unappointed part of the said trust estate without bringing the share or shares appointed to him or her or his or her issue into hotchpot and accounting for the same accordingly. And I direct that my said trustees or trustee shall stand possessed of one other equal seventh part of my trust estate and of the annual income thereof upon such and the same trusts and with under and subject to such and the same restrictions powers provisoes declarations in favour of my son Thomas Fox and his wife children and issue as are herein before contained concerning the said equal undivided seventh part or share herein before bequeathed in favour of my son Charles Fox and his wife children and issue or as near thereto as circumstances will permit Provided always that no child of my said son Thomas Fox who or whose issue shall take any part of that trust estate under any appointment in pursuance of the power herein before contained shall in default of any appointment to the contrary have or be entitled to any share of the unappointed part of the said trust funds without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly. And I direct that my said trustees or trustee shall stand possessed of one other equal seventh part of my trust estate and of the annual income thereof upon such and the same trusts and with under and subject to such and the same restrictions powers provisoes and declarations in favour of my son George Fox and his wife children and issue as are herein before

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contained concerning the said equal undivided one seventh part or share herein before bequeathed in favour of my son Charles Fox and his wife and children and issue or as near thereto as circumstances will permit provided always that no child my said son George Fox who or whose issue shall take any part of my trust estate under any appointment in pursuance of the power herein before contained shall in default of any appointment to the contrary have or be entitled to any shares of the unappointed part of the said trust funds without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly And I direct that my said trustees or trustee shall stand possessed of one other equal seventh part of my trust estate and of the annual income thereof upon such and the same trusts and with under and subject to such and the same restrictions powers and provisos and declarations in favor of my son James Fox and his wife and children and issue as are herein before contained concerning the said equal undivided one seventh part or share thereof before bequeathed in favor of my son Charles Fox and his wife children and issue or as near thereto as circumstances will permit Provided always that no child of my said son James Fox who or whose issue shall take any part of my said trust estate under any appointment in pursuance of the power herein before contained shall in default of any appointment to the contrary have or be entitled to any share of the unappointed part of the said trust funds without bringing the share or shares appointed to him or her or to his or her issues into hotchpot and accounting for the same accordingly. And as to one other equal undivided seventh part or share of my trust estate my said trustees or trustee shall pay the annual income thereof to my daughter Matilda the wife of August Schiedel during her life for her sole and separate use independently of her present or any future husband and so that her receipts alone shall be good discharges for the same and so that she shall not have power to deprive herself thereof by anticipation and from and after her decease my said trustees or trustee shall pay the whole or any part or parts of the said annual income to any husband who may survive my said daughter for his life or for such lesser period and subject to such stipulations restrictions and conditions as my said daughter Matilda Shiedel shall by her last Will direct or appoint and in default of and subject thereto my said trustees or trustee shall stand possessed of the said equal undivided seventh part or share and the annual income thereof upon trust for all or such one or more exclusively of the others or other of the issue of my said daughter Matilda to be born during her life or within twenty one years after her death 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 issue or some or one of them with such provisions for their respective maintenance education or advancement either at the discretion of my said trustees or trustee or any other person or persons and upon such conditions with such restrictions and in such manner in all respects as the said Matilda shall whether covert or sole by deed with or without power of revocation and new appointment or by Will and Codicil appoint and in default of any such appointment and so far as any such appointment shall not extend upon trust for all the children or any the child of the said Matilda who being sons or a son shall attain the age of twenty one years or being daughters or daughter shall attain that age and marry under that age and if more than one in equal shares Provided always that no child of the said Matilda who or whose issue shall take any part of the said trust funds under any appointment in pursuance of their power lastly herein before contained shall in default of appointment

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to the contrary have or be entitled to any share of the unappointed part of the said trust funds without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly And as to one other equal undivided seventh part or share of my trust estate my said trustees or trustee shall stand possessed thereof and of the annual income thereof upon such and the same trusts and with under and subject to such and the same restrictions powers provisoes and declarations in favour of my daughter Maria the wife of the said Frederick Herzog and her husband children and issue as are herein before contained concerning the said one equal undivided seventh part or share herein before bequeathed in favor of my said daughter Matilda and her husband children and issue or as near thereto as circumstances will permit provided always that no child or the said Maria Herzog who or whose issue shall take any part of the said trust estate under any appointment in pursuance of the power lastly herein before contained shall in default of appointment to the contrary have or be entitled to any share of the unappointed part of the said trust fund without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly. And as to the remaining equal undivided seventh part of my trust fund estate my said trustees or trustee shall stand possessed thereof and of the annual income thereof upon such and the same trusts and with under and subject to such and the same restrictions powers provisos and declarations in favor of my daughter Louisa the wife of Richard Moore and her husband children and issue as are herein before contained concerning the said equal undivided seventh part or share herein before bequeathed in favor of my said daughter Matilda and her husband children and issue or as near thereto as circumstances will permit Provided always that no child or the said Louisa Moore who or whose issue shall take any part of my said trust estate under any appointment in pursuance of the power lastly herein contained shall in default of appointment to the contrary have or be entitled to any share of the unappointed part of the said trust funds without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly. And I hereby declare that if any or either of my said sons or daughters shall die without leaving any child or issue who under the trusts herein contained shall acquire a vested interest in the part or share so bequeathed in favor of such son or daughter his and her children and issue aforesaid then and in such case the part or share of my son or daughter so dying including every accrued part or share and the annual income there of or so much thereof as shall have been applied under any of the trusts and powers herein contained shall go and be added by way of accrue to and be held upon the same trusts as are herein before declared concerning the parts or shares given and in bequeathed in favor of my other children and their children and issue respectively And I declare that it shall be lawful for my said trustees or trustee to raise any part or parts not exceeding altogether one half of the then expectant presumptive or vested share of any person under the trusts herein before declared and to pay or apply the same for his or her advancement or benefit as my said trustees or trustee, and that my said trustees or trustee may apply the whole or such as they or he shall think fit of annual income of the share to which any child of my said sons or daughters shall for the time being be entitled in expectancy under the trusts therein before declared for or towards his or her maintenance or education and that my said trustees or trustee may either themselves or himself so pay or apply the same or may pay the same to the guardian or guardians of such child for the purpose aforesaid without seeing to the application thereof And shall during such suspense of absolute vesting as aforesaid accumulate the

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residue (if any) of the same annual income in the way of compound interest by investing the same and the resulting income thereof in or upon any such stocks funds or securities as are herein before mentioned for the benefit of the child or children person or persons who under the trusts herein contained shall become entitled to the principal fund from which the same respectively shall have proceeded and may resort to the accumulation of any proceeding year or years apply the same for or towards the maintenance or education of the child for the time being presumptively entitled thereto in the same manner as such accumulations might have been applied in case they had been annual income arising from the original trust fund in the year in which the same shall be so applied Provided always that I hereby declare that not withstanding the trust for sale calling in or conversion herein before contained it shall not in anyway be incumbent upon my said trustees or trustee forthwith to effect the same But it shall be lawful for them or him in their or his uncontrolled discretion to defer and postpone the sale conversion and collation of the whole or any part or in any parts of my said real and personal estate respectively for so long and in such manner in all respects as they or he shall think proper but my real estate shall for the purpose of transmission be impressed with the quality of personalty form the time of my death And I empower my said trustees or trustee during such interval or postponement to manage and let my real and leasehold estate and to make out of the income or capital of my real and personal estate any outlay which such trustees or trustee may consider proper for the improvements repairs calls on shares premiums or policies or otherwise for the benefit or in respect of my real or personal estate Provided also and I hereby further declare that not withstanding any of the trusts herein before contained it shall be lawful for my said trustees or trustee instead of selling or converting the same as aforesaid to appropriate and allot in same any part of my real and personal estate in or towards the satisfaction of the shares in my estate hereby bequeathed in favor of my children or their children or issue as aforesaid or any of such shares or any part thereof respectively And every or any such appropriation and allotment shall take effect from such period or periods and be made in such manner in all respects as may be deemed fit and proper by my said trustees or trustee and my said trustees or trustee shall exercise and do all such conveyances assignments and things as may be necessary for carrying the same into effect Provided always that the real or personal estate which may be appropriated and allotted in or towards satisfaction of the said shares as aforesaid shall be held by my said trustees or trustee and the income thereof applied by them or him upon the trusts and with under and subject to the powers provisos and declarations upon with under and subject to which the share in the proceeds of such sale and conversion are herein before directed to be held and applied respectively Provided nevertheless that instead of allotting or retaining the shares appropriated in favor of my said sons and daughters and their children as aforesaid my said trustees or trustee may in their or his discretion appoint two or more persons to be trustees of the said shares respectively and shall thereupon convey assign or transfer the same to such trustees respectively And I hereby declare that any conveyance assignment or transfer which shall be made or executed by my said trustees or trustee under the proviso last herein before contained shall be complete discharge to the said trustees or trustee for what shall be so conveyed assigned or transferred and the persons so appointed trustees as aforesaid respectively shall hold the real and personal estate which may be conveyed assigned and transferred to them as aforesaid upon the like trusts for sale and other trusts and with under and subject

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to the like powers provisions and declarations including powers to appoint new trustees as my said trustees or trustee would have held the same if no such appropriation conveyance assignment or transfer thereof had been made Provided always that the shares which shall be so appropriated as aforesaid shall be valued by two indifferent persons to be nominated by my said trustees or trustee or by an umpire to be named by them or him and the amount of such valuation respectively shall be taken and considered and accounted for as the shares or part of the shares respectively to or to the annual income of which my said sons or daughters or their children or issue would have been entitled as aforesaid Provided always that in the meantime and until the said real and personal estate shall be sold or converted into money or appropriated allotted or set apart and retained under the trusts herein before contained my said trustees or trustee shall apply the annual income thereof to the persons for their purposes and in the manner to whom and for and in which the annual income of the proceeds of such sale and conversion as aforesaid would be payable and applicable under the trusts herein contained in case such sale and conversion as aforesaid had been actually made provided always that it shall be lawful for my said trustees or trustee to enter into contracts for sale and to devise or lease all or any of the real or personal estate subject to the trusts of this my Will for any term of years at such rent and either with or without taking any fine or premium as my said trustees or trustee shall in their or his discretion think fit but that there shall be in every such lease or clause for re-entry on non-payment of the rent thereby reserved within a reasonable time fixed therein and so that the lessees or lessee do execute a counterpart thereof and be not made dispunishable for waste And I hereby declare that the power of appointing a new trustee or trustees of this my Will in the place of any trustee or trustees who shall die or desire to be discharged or refuse or become unfit or incapable to act shall be exercisable by the surviving or continuing trustees or trustee or by the last retiring trustee and upon every and any such appointment the number of trustees may be augmented or reduced In witness thereof I have to this and the seven proceeding sheets of paper set my hand this fifteenth day of October , one thousand eight hundred and seventy eight- C. J. Fox- Signed and declared by the said testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have here unto subscribed our names as witnesses- Rob. Stoneham Solr. 5 Philpot Lane London- Clem. Ward his Clerk. On the 20th day of Oct. 1885

Probate of this Will was granted to Charles Fox, Thomas Fox and Frederick Herzog the Executors.