This is the last Will of me, John Lynn Marr, of Cedar Grange, Sunderland, in the County of Durham, Engineer.
- I revoke all Wills and testamentary dispositions at any time heretofore made by me, and declare this to be my last Will.
- I appoint my wife Amelia Rachel Marr, and my nephew Allan Carse Marr of Sunderland aforesaid (herein after called my Trustees) to be the Executors and Trustees of this my Will, and I declare that the expression "my Trustees, shall include my said wife and the said Allan Carse Marr, and the survivor of them or other the trustees or trustee for the time being of this my Will, except where such construction is precluded by the context.
- I give to the said Allan Carse Marr, if he shall prove my Will and accept the trusteeship thereof the sum of One hundred pounds, free of duty.
- I devise and bequeath all the real and personal property whatsoever and wheresoever of or to which I shall be seised, possessed, or entitled at my death or over which I shall then have a general power of appointment or disposition, by Will or of which I shall then be tenant in tail in possession except property otherwise disposed of by any Codicil hereto unto my trustees upon the trust and with and subject to the powers and possessions hereinafter declared of and concerning the same, that is to say-
- Upon Trust that my trustees shall sell, call in, collect, and convert into money, the said real and personal property at such time or times and in such manner as they shall think 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) with power to postpone the sale, calling in, or conversion of the whole or any part or parts of the said property (including leaseholds or other property of a terminable, hazardous, or wasting nature) during such period as they shall think proper and to retain the same or any part thereof in its present form of investment without being responsible for loss, and I direct that the income of such of the same premises as for the time being shall remain unsold, shall as well during the first year after my death as afterwards, be applied as if the same were income arising from investments hereinafter directed to be made of the proceeds of sale thereof, and that no reversionary or other property not actually producing income shall be treated as producing income for the purposes of this my will, and I further direct that all rents, profits, annual produce, dividends, Interest and income received after my death whether in respect of a period wholly before my death or partly before and partly after my death, shall be treated and applied by my trustees as income.
- My Trustees, shall out of the moneys to arise from the sale, calling in, and conversion of, or forming part of, my said real and personal property, pay my funeral and testamentary expenses, including all Estate Duty, and debts, and the legacy given by this my will, and the legacies given by any Codicil hereto, and all death duties and other moneys which under, or by virtue of, any direction or bequest free of duty, contained in this my Will or any Codicil hereto, are payable out of my general personal Estate, and all duties on inter vivos gifts (if any), and make provision for the payment of any annuities by any Codicil hereto bequeathed by me.
- My Trustees shall, at their discretion, invest the residue of the said moneys in their names, or under their control in or upon any of the investments for the time being authorised by law for the investment of trust money, with power to vary or transpose such investments for or into others, of a like nature.
- My Trustees shall stand possessed of the investments hereinbefore directed to be made, or authorised to be retained (including any part of my residuary estate remaining unconverted) and the investments for the time being representing the same hereinafter called the Trust fund) and of the annual income thereof upon the trusts following, that is to say-
- My Trustees shall pay the income of the Trust Fund to my said wife during her life.
- After the death of my said wife, my Trustees shall stand possessed of the capital and future income of the Trust Fund, In Trust, for my son Leslie Lynn Marr, if and when he attains the age of twenty-one years.
- If my said son shall die, whether in my lifetime or after my death, under the age of twenty-one years, or shall die in my lifetime after attaining that age, but without leaving issue surviving me the after the death of my said wife subject to the power hereby or by law vested in my trustees and to every or any exercise of such respective powers my trustees shall hold the trust fund and the income thereof In Trust for the person who at the date of the death of my said wife shall be in the enjoyment of the Baronetry at present held by my father, Sir James Marr, Baronet.
- I hereby authorise and empower my wife (but without creating any trust) at any time, and from time to time after my said son shall have attained the age of Twenty-one years, as she shall in her own discretion think fit, to appoint and give to my said son, any part or parts not exceeding in all, one half of the capital of the Trust Fund, and I direct that my Trustees shall pay a transfer or cause to be paid, or transferred to my said son such part or parts, not exceeding in all, one half of the capital of the Trust Fund, as they shall from time to time be directed in writing, by my said wife so to do.
- Any Executor or Trustee, for the time being hereof, being a Solicitor, or other person engaged in any profession or business, shall be entitled to charge and be paid all usual professional or other charges for business done by him or his firm in relation to the trusts hereof and also his reasonable charges in addition to disbursements for all other work an business done and all time spent by him or his firm in connection with matters arising in the premises including matters which might, or should have been attended to in person by a Trustee, not being a solicitor or other professional person, but which Trustee might reasonably require to be done by a Solicitor or other professional person.
In witness whereof, I have, to this my Will, contained in this and the three preceding sheets of paper, set my hand, this Twenty-second day of July, one thousand nine hundred and Twenty-nine.
J. L. Marr
Signed and declared by the said John Lynn Marr, the Testator, as and for his last Will in the presence of us, both present at the same time, who in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses:
C. S. Middleton, Solicitor, Sunderland
William H. Wilson, Solicitor with Middleton & Co., Sunderland
On the 30th day of March 1932 Probate of this will was granted at Durham, save and except land vested in the deceased which was settled previously to his death and not by his will and remains settled land notwithstanding his death to Amelia Rachel Marr of Cedar Grange aforesaid widow, the relict, and Allan James Marr (in the appointment of Executors called "Allan Carse Marr") of Glenville, Roker, Sunderland aforesaid, Shipbuilder, the nephew of the said deceased, the executors named in the said Will.
John Lynn Marr, of Cedar Grange, Sunderland, in the County of Durham,
Died there on the second day of September 1931.
£30,809 15s 11d