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Will of Sir Catchick Paul Chater |
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WILL in the Supreme Court of Hong Kong Probate Jurisdiction. IN THE GOODS OF Sir Paul Chater, deceased.
This is the last Will and Testament of me Catchick Paul Chater of Victoria in the Colony of Hongkong Knight, C.M.G. a member of the Executive Council of that Colony whereby I revoke all former Wills and Testamentary dispositions made by me and declare this to be my last Will.
1. I appoint my wife Maria Christine Chater, William Edward Leonard Shenton of Victoria aforesaid solicitor Reginald Frederick Mattingly of Victoria aforesaid solicitor and Arthur Howard Barlow of Victoria aforesaid the Chief Manager of the Hongkong and Shanghai Banking Corporation Executors and Trustees of this my Will (hereinafter called “My Trustees”) and I declare that all the powers authorities and discretions hereby expressed to be vested in or given to the Trustees of this my Will by that or any other description shall be vested in and exercisable by the said Trustees hereby appointed and the survivors or survivor of them or other the Trustees or Trustee for the time being of this my Will and that a sole Trustee for the time being shall be competent to act for all purposes provided always and it is my wish that the number of the Trustees of this my Will shall at all times be kept up to not less than two and that in the event of the number becoming at any time by death or otherwise reduced below that number the vacancy or vacancies shall as soon as circumstances will conveniently admit be filled up so as to restore at least that number but nevertheless any acts or proceedings of the Trustee for the time being in the interval before the filling up of such vacancy or vacancies shall not be invalidated by reason of the same not having been done and I express the desire that the senior active me member of the firm of Messrs. Deacons solicitors of this Colony shall always be one of my Trustees. 2. I desire that I may be buried in Hongkong next to my brother Joseph Theophilus Chater and that should I die outside Hongkong I may be brought there for burial. I further desire that on her death my wife be buried beside me. 3. I bequeath to my wife (free of all death duties) all my wearing apparel personal ornaments trinkets and jewels furniture plate plated goods linen glass china books manuscripts pictures prints statuary musical instruments porcelain and pottery and all other articles of personal use or ornament and all my wines liquors consumable stores and provisions and all my motor cars and garage furniture and all my plants and garden tools and implements and if she shall predecease me I declare that the same shall fall into my residuary estate provided always that my collection of porcelain and pottery and my collection of prints and pictures of Hongkong and the Far East (of which a book has recently been published by James Orange) shall not be deemed to be included in this bequest but shall form part of my residuary estate and I declare that my Trustees shall determine and be the sole Judges of the items which form part of the said collections. 4. I bequeath the following pecuniary legacies all free of all death duties: a. To my wife the sum of five thousand pounds sterling to be paid to her as soon as possible after my death and in priority to all other legacies hereby or by any Codicil hereto bequeathed. b. To my sister Sophia Matilda Gunn the wife of William Gunn the sum of two thousand five hundred pounds sterling to be paid to her as soon as possible after my death and in priority to all other legacies (save the legacy bequeathed by Chinese (a) hereof) hereby or by any Codicil hereto bequeathed. c. To the said William Edward Leonard Shenton the sum of five thousand Dollars Hongkong Currency to the said Reginald Frederick Mattingly the sum of five thousand Dollars Hongkong Currency and to the said Arthur Howard Barlow the sum of ten thousand Dollars Hongkong currency each legacy to be upon the condition that the Donee proves my will and accepts the Trusteeship thereof and should one only of the said William Edward Leonard Shenton and Reginald Frederick Mattingly prove my will and accept the Trusteeship thereof I bequeath to that one the sum of ten thousand Dollars Hongkong currency in lieu of the said bequest of five thousand Dollars Hongkong Currency. d. To the Hongkong Jockey Club or its successor the sum of fifty thousand Dollars Hongkong currency and I express the hope that it will out of the income thereof annually provide a cup to be called “The Chater Cup”. 5. I bequeath the following annuities all clear of all death duties and income tax payable to the respective persons thereinafter enumerated commencing from my death by equal quarterly payments the first payment in each case to be made at the expiration of three months from my death. a. To my wife during her life the annual sum of Ten thousand pounds sterling. b. To my said sister Sophia Matilda Gunn during her life the annual sum of two thousand five hundred pounds Sterling. c. To Mrs. Annie Macpherson the wife of Reverend Macpherson during her life the annual sum of five hundred pounds Sterling. d. To Helen Jordan the widow of my nephew the late Paul Jordan during her life the annual sum of Fifteen hundred pounds Sterling. e. To my grand-nephew Percy Manuk at present of Patna in the Empire of India Barrister-at-Law the sum of Rupees two hundred thousand (Indian currency). f. To each of my Trustees (other than my wife) who shall take an active share in the administration of the trusts of this my Will and any Codicil thereto the annual sum of two thousand Dollars Hongkong currency during such period as he shall take such active share in such administration as aforesaid provided always that if and during such period as the said William Edward Leonard Shenton and Reginald Frederick Mattingly shall both take an active share in such administration as aforesaid each shall be paid the annual sum of one thousand dollars Hongkong current and not the said annual sum of two thousand dollars Hongkong currency. 6. I give devise bequeath and appoint all my real estate of every tenure and all my personal estate and effects whatsoever and wheresoever not hereby or by any Codicil or Codicils hereto otherwise disposed of unto and to the use of my Trustees and I direct my Trustees subject as hereinafter stated to sell call in collect and convert into money all such parts of my residuary estate as shall not consist of investments of the nature hereinafter authorised at such time or times and in such manner as my Trustees shall thin fit (but as to reversionary property not until it falls into possession unless it shall appear to my Trustees that an earlier sale would be beneficial). 7. My trustees may postpone the sale calling in and conversion of any part of my real and personal estate for such period as they may in their absolute discretion think fit not-withstanding that it may be of a wasting speculative or reversionary nature and all the net rents profits and income arising from my estate real or personal until the sale calling in and conversation thereof in whatsoever condition or state of investment the same may be and whether consisting of investments of an authorised character or not (including leaseholds or other property of a terminable or wearing out nature) shall for all the purposes of this my Will and as between all persons interested hereunder and as well during the first year after my death as afterwards be applied as if the same were income arising from the proceeds of such sale calling in or conversion or the investments of such proceeds no part thereof being liable to be retained as capital and on the other hand on such sale calling in or conversion or on the falling in of any reversionary property no part of the proceeds of such sale calling in conversion or of any such property shall be paid or applied as past income. 8. subject to the payment of my funeral and testamentary expenses and debts and any legacies bequeathed by this my Will or by any codicil hereto and the duty (if any) upon legacies and annuities bequeathed by this my Will or by an codicil hereto my Trustees shall invest in manner hereinafter authorised the proceeds of the said sale calling in and conversion and stand possessed of such investments and of such parts of my residuary estate shall at my death consist of such investments as are hereinafter authorised (which said net proceeds and investments and any investments substituted therefore are herein collectively referred to as “my residuary estate”) upon the following trusts viz: a. upon trust to set apart and invest separately the sum of four hundred thousand dollars Hongkong currency free of all death duties and to pay the income thereof to my nephew Chater Paul Chater during his life and from and after his death to hold the capital and future income thereof in trust for all or such one or more exclusive of the others or other of the children of the said Chater Paul Chater at such age or time or respective ages or times if more than one in such shares and manner in all respects as the sale Chater Paul Chater shall be any deed or deeds revocable or irrevocable or by will appoint in default of and subject to any such appointment my Trustees shall stand possessed of the said capital and the future income thereof in trust for all or any the children or child of the said Chater Paul Chater who being a son or sons shall attain the age or marry (with the consent of her or their Guardian or Guardians) and if more than one in equal shares. b. upon trust to set apart and invest separately the sum of three hundred thousand dollars Hongkong currency free of all death duties and to pay the income thereof to my nephew John Theophilus Bagram during his life and from and after his death to hold the capital and future income thereof in trust for all or such one or more exclusive of the others or other of the children of the said John Theophilus Bagram at such age or time or respective ages or times if more than one in such shares and manner in all respects as the sale John Theophilus Bagram shall be any deed or deeds revocable or irrevocable or by will appoint in default of and subject to any such appointment my Trustees shall stand possessed of the said capital and the future income thereof in trust for all or any the children or child of the said John Theophilus Bagram 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 (with the consent of her or their Guardian or Guardians) and if more than one in equal shares. c. upon trust to set apart and invest separately the sum of two hundred thousand dollars Hongkong currency free of all death duties and to pay the income thereof to my nephew Jack Chater during his life and from and after his death to hold the capital and future income thereof in trust for all or such one or more exclusive of the others or other of the children of the said Jack Chater at such age or time or respective ages or times if more than one in such shares and manner in all respects as the sale Jack Chater shall be any deed or deeds revocable or irrevocable or by will appoint in default of and subject to any such appointment my Trustees shall stand possessed of the said capital and the future income thereof in trust for all or any the children or child of the said Jack Chater 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 (with the consent of her or their Guardian or Guardians) and if more than one in equal shares. Provided always that if my estate shall not be sufficient to provide in full for the bequests made by this my Will and any Codicil hereto the funds created in such clauses (a), (b) and (c) of this clause shall abate proportionately. d. Upon trust to pay the balance of my residuary estate (including therein any of the funds created by sub-clauses (a), (b) and (c), of this clause the purposes whereof shall have wholly or partially failed) to the Armenian Holy Church of Nazareth Calcutta in the Empire of India. 9. No child who shall take any part of the property hereby settled under an appointment by virtue of the powers hereinbefore contained shall in default of appointment to the contrary be entitled to any share of the unappointed part thereof without bringing the share or shares appointed to him or her into hotchpot and accounting for the same accordingly. 10. I declare that my Trustees may (after the determination or failure of every prior life or other interest or interests if any) apply the whole or any part at their discretion of the income of the expectant contingent prescriptive or vested share or legacy of any person who shall be under the age of twenty one years and being a female a spinster under any of the Trusts or dispositions contained in this my Will or any Codicil hereto for or towards his or her maintenance education or benefit and may either themselves so apply the same or may pay the same to the parent or guardians or guardian of such person for the purpose aforesaid without seeing to the application thereof and shall during the minority of any such person being a male and minority and spinsterhood of any such person being a female accumulate the surplus if any of such income at compound interest by investing the same and the resulting income thereof in any of the investments hereby authorised in augmentation and so as to follow the destination of the share or legacy from which the same shall have proceeded but with power to apply any such accumulations in any subsequent year for or towards the maintenance education or benefit of the child for the time being presumptively entitled as aforesaid in the same manner as such accumulations might have been applied had they been income arising from the said share or legacy in the then current year. 11. I authorise my Trustees after the determination or failure of every prior life or other interest or interests if any or previously thereto with the consent in writing of every person in existence for the time being entitled to any such prior interest or interests whether vested or contingent to raise any part or parts of the then expectant contingent presumptive or vested share portion or legacy of any person under any of the trusts or dispositions of this my Will or any Codicil hereto and to pay or apply the same for his or her advancement or benefit as my Trustees shall think fit. 12. I declare that notwithstanding the trust for sale hereinbefore contained my Trustees may appropriate any real or persona property forming part of my residuary estate to or towards any legacy bequeathed by this my Will or any Codicil hereto or to or towards any of the funds created by Clause 8 (a), (b), (c) or (d) of this my Will or which may hereafter be created by any codicil hereto and for the purposes aforesaid may fix the value of such real or personal property so appropriated or set apart as they shall think fit and every such appropriation setting apart and valuation shall be binding upon all persons interested under this my Will provided always that as regards any of the said funds the capital of which has been become distributable among the beneficiaries my Trustees may continue after such appropriation to exercise the powers of sale investment and varying investments and other powers hereby or by law given to them. 13. I declare that my Trustees shall be at liberty if they so think fit to appropriate and set apart out of my residuary estate investments representing such a capital fund as shall at the time of appropriation be sufficient to produce the annual sums directed to be paid by Clause 5 of this my will with such a liberal margin for contingencies as in the opinion of my Trustees shall be sufficient and I declare that when such appropriation has been made the same annual sums shall be wholly charged on the investments so appropriated in exoneration of the rest of my estate but that the capital of such appropriate investments may be resorted to in case at any time the income thereof is insufficient to pay any such annual sum or sums and I further declare that on the ????? of any of such annual sums such part of the appropriated investments as shall not in the opinion of my Trustees be required for the payment of the other annual sum or sums for the time being payable under the trusts of this my Will shall revert to and form part of my residuary estate and that any surplus income arising from the appropriated investment shall be applied as income of my residuary estate. 14. Any annuity hereby or by any codicil hereto given to a female shall be for her separate use without power of anticipation during any covertures. 15. If any of the said annuitants shall commit permit or suffer any act default or process whereby but for this present provision the said annuity hereinbefore bequeathed to such annuitant or any part thereof would become vested in or payable to any other person or persons then such annuity shall immediately thereupon absolutely cease and determine as if such annuitant were dead. 16. Notwithstanding any rule of law or equity to the contrary my funeral and testamentary expenses and debts inclusive of the interest on such debts which may have accrued dur from me at the date of my death shall be paid out of the corpus or capital of my estate to the exclusion of any rents profits or income accruing from or in respect of my estate from and after my death and no part of the rents profits or income of my estate accruing from and after my death shall be applied in payment of my funeral or testamentary expenses or debts or the interest thereof except any interest accruing due from my estate from and after my death nevertheless I empower my Trustees in case it should be deemed proper or expedient so to do whether for convenience in making out the accounts of my estate or otherwise to modity the rule lastly hereinbefore laid down by me to any extent and in any manner they may think fit. 17. My Trustees shall have the following powers without any restriction and without responsibility for loss. a. To let or agree to let for such rent and period and upon such terms and conditions as they may think fit or cultivate any real or leasehold property forming part of any residuary estate and to accept surrenders of leases or tenancies and generally manage the property according to their absolute discretion. b. To apply any part of my residuary estate or to raise money by the same or mortgage of my residuary estate or any part thereof and to apply the same in the payment of my funeral and testamentary expenses and debts and legacies or in the protection improvement development or enhancement of the value of my residuary estate or any part thereof or for any of the purposes of this my Will provided always that no mortgagee advancing money on a mortgage purporting to be made under this present power shall be concerned to see that such money is wanted or that no more than is wanted is raised and I declare that if my Trustees shall raise more moneys by any such mortgage than may be required for the purposes aforesaid they shall hold the surplus upon the same trusts as if the same had arisen from a sale or part of my residuary real or personal estate. c. To dispose of any part of my residuary estate for shares paid up or partly paid up or otherwise d. To refrain from taking proceedings to collect any debt due to me and to defer the calling in of any debts. e. To exchange or surrender any part of my residuary estate on such terms as they think fit. f. If after my death any call shall be made upon any shares for the time being forming part of my residuary estate shares of any new issue bonus or preferential right to take or subscribe for any new or other shares in any corporation shall be made given or offered to my Trustee in respect of any shares for the time being forming part of my residuary estate (which involves the making of a payment to the said corporation) to apply any part of my residuary estate in or towards the satisfaction of any such call or payment or to raise the monies required for satisfying such call or payment by mortgaging or charging any portion of my residuary estate including such new issue bonus or preferential right. 18. I declare that if any difference of opinion exists between my Trustees in relation to the doing or forhearing to do anything or otherwise howsoever in the execution of the trusts of this my Will or any Codicil hereto the opinion of the majority of such Trustees shall prevail notwithstanding that any one or more of my Trustees may be personally interested or concerned in the matter in dispute. 19. My Trustees may exercise or concur in exercising all powers and discretions hereby or by law given to them notwithstanding that they or any of them may have a direct or other personal interest in the mode or result of exercising any such power or discretion but any of my Trustees shall nevertheless be at liberty to abstain from acting except as a merely formal party in any matter in which he may be so personally interested and to allow his co-trustees or co-trustee to act alone in the exercise of the powers and discretion aforesaid in relation to such matter. 20. All monies liable to be invested by my Trustees may be invested in all or any of the investment following that is to say in or upon any of the Public stocks or Funds or Government Securities or the United Kingdom or India or of any British Colony or Dependency of the United Kingdom or in any Foreign country or in or upon the stocks or funds or securities of any Corporation municipal local or otherwise in the United Kingdom or in any Colony or Dependency of the United Kingdom or in any Foreign Country or in or upon the debentures debenture stock bonds mortgages preference shares preference stock ordinary stock of any Railway Tramway Canal Dock Harbour Gas Water Electric Lighting or any other Company incorporated in or carrying on business in the United Kingdom or in any British Colony or Dependency or in any Foreign Country with liberty for my trustees at their absolute discretion to vary and transpose all or any such investments from time to time. 21. In every case in which any legal or share of my residuary estate is by this my will or any codicil thereto bequeathed to any Club Church school or other association or body such legacy or share may be paid by me Trustees at their opinion in their absolute discretion to the Committee of management church body Finance Committee Treasurer or other appropriate officer of such club church school or other association or body whose receipts shall be a complete discharge for the same and exonerate my Trustees from all further concern or responsibility in relation thereto. 22. My wife shall be entitled to live rent free in my residence at Victoria aforesaid known as “Marble Hall” if she desires to do so and in such event the same residence and the furniture fixtures and household effects in about or belonging to the same other than my collection of China referred to in Clause 25 hereof shall not be disposed of by my Trustees until my wife shall cease to live in such residence and I further direct that if my wife shall elect to reside in such residence she shall do so upon the condition that she shall pay the Crown rent rates taxes and outgoings for the time being payment in respect of the said residence and keep the same property insured against fire and in good repair and duly observe and perform all the Lessee’s covenants and conditions contained in the Crown Lease under which the said residence is held and shall also keep the said furniture and other effects insured and in a proper state of preservation. 23. My trustees may in their absolute and uncontrolled discretion instead of acting personally employ and pay a solicitor or any other person to transact any business or do any act of whatever nature required to be done in connection with the administration of the trusts of my Will or anything arising thereunder including the receipt and payment of money and any Executor or Trustee of my Will who may be a solicitor or other person engaged in any profession or business may be so employed or act and shall be entitled to charge and be paid all usual professional charges for any business done by him or his firm in the ordinary course of his profession in relation to my estate or the trusts of my Will in the same manner as if he were not an executor or Trustee of my Will. 24. The China and Curios in my wife’s sitting room in my said house are her own property and do not belong to me. 25. I recommend my Executors and Trustees not to dispose of my collection of porcelain and pottery without fully satisfying themselves that they are not selling it beneath its real value for I believe it to be very valuable and overtures have been made to me for the purchase of it at a very large sum. 26. I declare that the place of my domicile is the Colony of Hongkong where it is my present intention to reside permanently. In Witness whereof I have to this sheet and the seven preceding sheets of paper containing this my Will set my hand this seventeenth day of April one thousand nine hundred and twenty five.
I, Sir Catchick Paul Chater, of Victoria in the Colony of Hongkong, Knight, C.M.G., a member of the Executive Council of that Colony declare this to be a First Codicil to my Will which bears date the seventeenth day of April one thousand nine hundred and twenty five (hereinafter referred to as “my said Will”).
In witness whereof I have hereunto set my hand this Twenty Fifth day of May one thousand nine hundred and twenty six.
This is a second Codicil to the last Will and Testament of me the Honourable Sir Catchick Paul Chater C.M.G. which Will bears date the seventeenth day of April 1925 (hereinafter referred to as my said Will).
In witness whereof I have hereunto set my hand this 25th day of May 1926. his mark X
Signed by the said Honourable Sir Catchick Paul Chater (by making his mark and being incapable through illness of writing his name after the nature of this Codicil had been fully explained to him and he appeared perfectly to understand the same) as a second Codicil to his will which bears date the 17th day of April 1925 in the presence of us both being 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. sd/. H.J. Armstrong, solicitor, Hong Kong sd/. C.A.P. Xavier, Cashier to Messrs Deacon, solicitors, Hong Kong
SCHEDULE of the property of Sir Catchick Paul Chater deceased in respect of which estate duty has been paid.
Shares in Public Companies
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