© Alex Watson 2017 All rights reserved.
I, RAYMOND SAVILLE CONNOLLY [sic] de MONTMORENCY LECKY BROWNE-LECKY of Ecclesville, Fintona in the County of Tyrone hereby revoke all Wills or other testamentary dispositions at any time heretofore made by me and declare this to be my last will. I appoint Northern Bank Limited (hereinafter called “the Bank”): Sydney H. Laughlin of 49 Donegall Place, Belfast, Chartered Accountant: Arthur R. Marshall of 10 Chichester Street, Rathescar, Dunleer in the County of Louth, Civil Engineer, Executors and Trustees of this my Will and I bequeath to the said Sydney H. Laughlin, Arthur R. Marshall and Alexander Henry or such of them as shall prove my will the sum of One hundred pounds each. AND I Declare that the Bank may as such Executor and Trustee and in exercise of all discretionary and other powers hereunder act by any officer or officers appointed by the Bank in that behalf and may employ Solicitors, Brokers or other Agents to transact all or any business required to be done in relation to my estate (including the receipt and payment of money) and may (without being liable to account for any profit thereby made) retain as bankers on current or deposit account or advance all monies necessary or convenient to be retained or advanced in connection with my estate and shall be entitled to be allowed and paid such charges expenses interest and commission as it charges its customers in the ordinary course of its business for monies advanced and the bank shall also be entitled to remuneration (free from duties) for its services as Executor and Trustee in accordance with its scale of fees now in force or such other remuneration as may have been agreed upon in writing between myself and the Bank and to retain for its own benefit any allowances of commission or brokerage, and I declare that the Bank’s remuneration shall be a first charge on my estate. AND It is hereby Agreed and Declared that all moneys securities and documents and all documents of title relating to land subject to the Trusts hereof shall be under the exclusive custody and control of the Bank but so that the other Trustees of these presents shall have all reasonable facilities for periodically inspecting the same as well as any accounts reports and documents relating thereto. AND that in the case of registered stocks, shares or securities the name of the Bank shall be placed first in the register of the owners of such stocks shares or securities and that all steps shall be taken for ensuring the payment to the Bank exclusively or its nominee for the time being of all dividends and interest thereon and for enabling the Bank to exercise all voting and other privileges arising therefrom. It is hereby further agreed and declared that in case of any difference of opinion between the Bank and the other Trustees hereof the opinion of the Bank shall prevail. I desire to be buried in the same grave as my Father and Mother in the old Churchyard at Fintona and that the Funeral arrangements shall be of a simple character. I devise and bequeath all my property of every nature and kind and wherever situate unto my Executors and Trustees Upon the Trusts and for the purposes hereinafter contained:-
1. To Hand over to the Dean and Chapter of Londonderry Cathedral all my family portraits (except the portrait of Mrs. McClintock which I hereby bequeath to her granddaughter who is my second cousin, Xeina Johnstone Wreeford), [sic] my watch in double case, my clock in dining room, the china box in drawing room which formerly belonged to Napoleon, my silver Irish potato Ring and my William and Mary Tankard, also my musical box and my gold headed stick. I direct that the decision as to what portraits are within the above description shall be at the absolute discretion of my Trustees and that the receipt of the Dean for the said articles shall be a good discharge to my Executors.
2. To sell and dispose of all my jewellery not herein specifically bequeathed and with the proceeds of such sale to purchase a Chalice and two Gold Pattens and to hand over the same to the Select Vestry of the Church of Ireland Parish Church, Fintona, together with the large Bible presented to my grandfather for the use in the said Church. I direct that should any moneys remain after such purchase the same are to be applied in setting up a screen and Reredos in the said Church, or, if for any reason, this be not practicable then for such Church purposes as my Trustees shall in their absolute discretion decide.
3. To sell and convert into money so much of my property as may be required to pay and discharge the following pecuniary legacies and to pay and discharge the same:-
(a) To the Rector or other person for the time being having the spiritual charge of the Parish of Fintona or any other Parish with which the same is amalgamated in connection with the Church of Ireland the sum of one hundred pounds free of duty and to be distributed by him amongst such of his poor parishioners as he shall think fit, the receipt of the Rector to be a good discharge to my Executors for the said legacy.
(b) To the incorporated Body known as the Church of Ireland Trustees the sum of One thousand five hundred pounds free of duty in Trust to expend the sum of Three hundred pounds at the least in providing a bell for the said Parish Church of Fintona and to apply the residue towards the erection of a tower or spire for the said Church the receipt of the Treasurer of the Church of Ireland Trustees to be a good discharge to my Executors for the said legacy.
(c) To the British Legion, 49 Pall Mall, London, the sum of Two thousand pounds for the purpose of discharging the debt or debts at the time of my death on the British Legion Hall, Ecclesville, Fintona, Co. Tyrone, and for such other purposes in connection with the maintenance of the said Hall as the local Trustees or Committee for the time being may from time to time think fit, the receipt of the Treasurer to be a good discharge to my Executors for the said legacy.
I direct that where in any instance it is not practicable or possible to achieve any object for which any particular bequest or benefit in this my will is given, or to comply with any condition attaching thereto, them my Trustees may in their absolute discretion agree to authorise and employ such alternative object and condition or conditions as they shall in their absolute discretion think fit.
4. To sell and convert into money such further portion of my properties as may be necessary to pay and discharge all my liabilities funeral expenses and the cost of erecting a proper and adequate memorial.
5. To Hand over to the Government of Northern Ireland or such other public body as the Government may desire my Mansion House and Lands known as Ecclesville upon the following conditions:-
(a) That my estate shall be indemnified or relieved from payment of any death duties on the said property and that the said property shall not be aggregated with the rest of my estate so as to increase the rate of duty on such estate.
(b) That they shall allow the annual event of the Horse Show to be held in the grounds as formerly for such period as may be desirable or practicable.
(c) To allow the lands now used as a Golf Links to continue to be used for such purpose at a nominal rent for so long as my Trustees consider they are used in a proper manner for such purpose.
6. I direct my Trustees to hold all the remainder of my estate Upon Trust as to one half thereof for the Trustees of the Charity in aid of members of the theatrical profession now located at Denville Hall, Northwood, Middlesex, to be applied by them for the purposes of said Charity, the receipt of the Treasurer or Honorary Secretary thereof for the time being to be a good discharge to my Trustees and as to the remaining one half of my said estate Upon Trust for the Musicians Benevolent Fund c/o St. Cecilia’s House, Carlos Place, London, W.1., the receipt of the Treasurer thereof for the time being to be a good discharge to my Trustees.
7. I give my Trustees the following powers and authorities:-
(a) To retain any property of mine in the same state of investment in which they shall find same for so long as they may determine.
(b) To sell or exchange all or any of my properties or investments and to re-invest the same in Trustee Investments or in the Mortgage of freehold or leasehold interest in land in Northern Ireland.
(c) To exercise general powers of management over my estate and to make fee Farm Grants, Leases and tenancies of all or any portion of my said estate on such terms as my Trustees shall think fit.
(d) Power to employ any Agent or Broker to transact all or any business required to be done in the premises and to be allowed and paid all charges and expenses so incurred without responsibility for the default of any such agent.
(e) I direct that each Trustee shall be paid his proper costs and expenses of attending any meeting of Trustees, making inspections of property or attending to any other matter in connection with the administration of the Trusts, and that ant Trustee being a solicitor, Accountant or Broker may be paid his proper professional fees and charges for all services rendered.
IN WITNESS whereof I have hereunto subscribed my name this 2nd day of November One thousand nine hundred and fifty six.
SIGNED by the Testator in the presence of us present at the same time who in his presence and in presence of each other subscribe our names as Witnesses.
Edward Baker Robert Sparkes
Ecclesville Northern Bank Ltd
Fintona Fintona, Co.Tyrone
(Secretary) Bank Manager
Reproduced with the permission of the Deputy Keeper of the Records, Public Record Office of Northern Ireland (PRONI).