User:Laxfirth Leslie

Probate

The District Registry of Newcastle upon Tyne

In Her Majestys High Court of Justice Be it known that at the date hereunder written the last will and testament (a Copy whereof is hereunto annexed) of Andrew Leslie of Coxlodge Hall, Gosforth in the County of Northumberland Esquire deceased who died on the 27th day of January 1894 at Coxlodge Hall aforesaid and who at the time of his death had a fixed place of abode at Coxlodge  Hall aforesaid within the District of the County of Northumberland was proved and registered in the District Probate Registry of Her Majestys High Court of Justice at Newcastle upon Tyne and that Administrator of the

Aforesaid Court to Christina Stephen, Widow[1], the sister of the said deceased, John Jordan[2] and James Ritchie[3] the Executors named in the said Will, they having been first sworn well and faithfully to administer the same. And it is hereby certified that an Affidavit in reification of the Account of the said estate has been delivered duly stamped wherein it is shown that the gross value of the said estate in the United Kingdom amounts to £161,275  ̴2  ̴10 and no more and that a separate statement of the value of the estate as required by the Customs and Inland Revenue Act 1889[4] has been delivered with such Affidavit. Dated the 14th day of April 1894 (sgd) M. Coxley Edwards District Registar

This is the last Will of Mr Andrew Leslie of Coxlodge Hall Gosforth in the County of Northumberland and of Hebburn in the County of Durham Esquire.


 * 1) I revoke all of my former Testamentary Dispositions and I appoint my sister Christina Stephen[5] and my friends John Jordon of Leith, Merchant and James Ritchie of Newcastle upon Tyne Esquire Executor and Executors and also Trustees of the my Will and I give to each of them who shall prove the same and act Trustee of it a legacy of £200 free of duty.
 * 2) I desire to be laid to rest in the same grave at Edinburgh as my much beloved wife and to have a quiet and simple funeral, and I also wish to express my desire that my said sister shall on her death be buried in the same ground in the vacant space alongside my said wife, my brother[6] and myself.
 * 3) I give and desire all my freehold Estate at Seafield[7] near Lerwick in the Shetland Islands together with all buildings and appointmentenances thereto to Andrew Leslie[8] (son of my paternal cousin Jane Leslie[9]) during his life and after his death to the person who at his death shall be his heir at law but incase of the said Andrew Leslie dying leaving co. heiresses who would but for the direction next hereinafter given take as Co. parceness  I direct that the eldest only of such Co. Heiresses shall take under this desire. And I bequeath to the said Andrew Leslie absolutely all the furniture household effects dead and live stock and other moveable articles appertaining to my said freehold estate at Seafield aforesaid but if the said Andrew Leslie shall die in my lifetime the same furniture, stock and other articles shall go to the person who at his death will take the said freehold estate under the desire thereof hereinafter contained absolutely.
 * 4) I give and desire all my freehold estate at Laxfirth and Wadbister near Lerwick aforesaid with all buildings and appointenances thereto as to one moiety thereof  to George Leslie[10] (son of my late paternal cousin George Leslie[11] deceased) during his life and after his death to the person who shall at his death be his heir at law and as to the other moiety there of to George Leslie[12] (son of my paternal cousin John Leslie[13]) during his life and after his death to the person who shall at his death be his heir at law but in the event of either of the said George Leslies dying leaving co. heiresses who would but for the direction next hereafter given take as co. parceness  I direct that the eldest only of such co. heiresses shalltake under this desire . And I bequeath all the furniture and household effects dead and live stock and other movable articles appertaining to my said estates of Laxfirth and Wadbister to the said George Leslie and George Leslie in equal moieties absolutely but if the said George Leslie and George Leslie or either of them shall die in my lifetime their shares or the share of the one so dying of such furniture stock and other articles shall go to the persons or person who at their or his death or death will take their or his shares in the said Estates at Laxfirth and Wadbister  under the devise thereof hereinbefore contained absolutely.
 * 5) I declare that my trustees or trustee (hereinafter defined) shall be the trustees or trustee for the purposes of the settled Land Act and of the settlements created by the third and fourth paragraphs of this my Will.
 * 6) I bequeath to my sister Christina Stephen the sum of £1000 to be paid to my said sister as soon as conveniently may be after my death and I also give to my said sister an annuity of £600 during her life for her separate use without power of anticipation to be paid by equal half yearly payments of which the first shall be made at the expiration of six calendar months after my death and to be provided for as hereinafter mentioned. And I declare that my said sister Christina Stephen and Jemima Leslie[14] (a daughter of my said paternal cousin John Leslie) or either of them shall be allowed if they or either of them wish to do so to reside in my dwelling house known as Coxlodge Hall aforesaid for the period of twelve calendar months from the date of my death free of all rent rates taxes assessments or impositions whatsoever.
 * 7) I give the following legacies or sums with interest thereon respectively at the date of 3% per annum from the day of my death until the days of payment thereof respectively (that is to say) the sum of £5000 to my maternal cousin Lawrence Shewen[15] the younger (now residing in the Parish of Dunrossness in Shetland) and it is my wish that he shall out of such legacy assist his sisters[16] children so far as he shall in his own discretion think fit but not so as to create any trust or in any way interfere with his absolute right to receive the said sum and dispose of it as he may think fit . The sum of £1000 to my said paternal cousin John Leslie[17] (who now resides at Dunrossness aforesaid). The sum of £20,000 to my trustees or trustee (hereinafter defined) upon the trusts hereinafter directed concerning the same. The sum of £2000 free of duty to my trustees or trustee upon the trusts hereinafter directed concerning the same. The sum of £5000 to the said George Leslie[18] (son of my said paternal cousin John Leslie). The sum of £1000 to my said paternal cousin Jane Leslie[19] (who now resides at Dunrossness aforesaid). The sum of £5000 to the said Andrew Leslie[20] (son of my said paternal cousin Jane Leslie). The sum of £5000 to the said George Leslie[21] (son of my said paternal cousin George Leslie late of Dunrossness aforesaid deceased). The sum of £2000 to Catherine Leslie[22] daughter of my said paternal cousin George Leslie. The sum of £1000 to my maternal cousin William Allison[23] residing at Jarrow in the County of Durham. The sum of £5000 to my maternal cousin George Allison[24] residing at Lerwick aforesaid (brother of the said William Allison). The sum of £10,000 to Janet Mackintosh Coote[25] (niece of my late wife) now residing at the Minories[26], Newcastle upon Tyne. The sum of £10,000 to Annie Mackintosh Beattie[27] (niece of my late wife) now residing in Edinburgh. The sum of £2000 to Andrew Leslie Coote[28] (son of the said Janet Mackintosh Coote[29]). The sum of £1000 to each of the following other children of the said Janet Mackintosh Coote[30] namely Jessie Coote[31], Nelly Coote[32], Ada Coote[33], Arthur Coote[34], Cameron Coote[35]  and Jane Coote[36]. The sum of £5000 to Leslie Hay Beattie[37] (son of the said Annie Mackintosh Beattie[38]). The sum of £1000 to each of the other children of the said Annie Mackintosh Beattie[39] namely Ernest Beattie[40], Alfred Beattie[41], William Beattie[42], Ion Beattie[43] and Janet Beattie[44]. The further sum of £5000 to the said John Jordan[45] as a mark of my esteem. The further sum of £2000 to the said James Ritchie[46] as a mark of my esteem. The sum of £100 to Leslie Skinner[47] now residing at South Shields. The sum of £100 to Alice Leslie Hunter[48] (daughter of John Joseph Hunter[49] of Whickham Grange, Newcastle upon Tyne). The sum of £100 John Craven French[50] the younger now residing at Kirby Moonside Yorkshire. The sum of £100 to Ada Churchill[51] (daughter of the Reverend Cameron Churchill near London). The sum of £500 to Annie Stirling[52] (daughter of the late Mr George Stirling[53] who resided at Cults Aberdeen). The sum of £300 free of duty to Elizabeth Ann Hope[54] now residing at Newcastle upon Tyne (Wife of ?? Hope)  formly  Elizabeth Ann Skelly[55] and the faithful maid to my late wife. The sum of £300 free of duty to Thomas Todd[56] my coachman now living at Coxlodge Hall aforesaid. The sum of £50 free of duty to every female servant who shall at my death have been in my service for Five years or more and shall still be in such service without having received or been given notice to quit such service. The sum of £30 free of duty to every female servant who shall at my death have been in my service for three years or more but less than five years and shall still be in such service without having given or received notice to quit such service . The sum of £20 free of duty to every female servant who shall at my death have been in my service for two years or more but less than three years and shall still be in such service without having given or received notice to quit such service. And the sum of £100 free of duty to each of the following persons namely William Matheson[57] Foreman of Hebburn Shipyard, Barbara Matheson[58] (sister of the said Wialliam Matheson) Andrew Robertson[59] (Foreman Carpenter) David Sherit[60] (Foreman Engineer) Alexander Ryrie[61] (Foreman Painter) all of Hebburn aforesaid.
 * 8) I desire, bequeath and appoint all the residue of the real and personal estate of or to which I may be seized or possessed or entitled at my death or over which I may then have a general testamentary power unto my said Trustees hereinfore named upon trust that they or the survivors or survivor of them or other the trustees or trustee for the time being of this my Will ( hereinafter called my Trustees or trustee) shall at such time or times in such manner in every respect as they she or he shall in their absolute and uncontrolled discretion think fit (but as to any severionary interest or interests not until the same shall fall into possession) sell, get in and convert into money all such parts of my residuary real and personal Estate and Chattels[62] real as may not consist of money but with full power during any postponement of sale to let from year to year or for any term not exceeding (except in the case of a Building Lease) 21 years or (in the case of a Building Lease ) 99 years to take effect in possession or within three calendar months from the date of letting at the best rent and to manage any unsold residuary real or leasehold Estate but from my death the unsold residuary real and leasehold Estate shall be subject to the trusts hereinafter declared concerning the net monies to arise from my residuary real and personal Estate and the actual income thereof shall be deemed the annual income for the purposes of such trusts and such residuary real Estate shall from my death be considered as converted in equity and shall be transmissible as personal Estate
 * 9) I direct that my Trustees or Trustee shall out of the moneys to arise from such sale getting in and such parts of my personal Estate as shall consist of money pay the expenses incidental to the execution of the preceding trust and my funeral and testamentary expenses and provide for the said annuity as hereinafter mentioned and pay my legacies and the duty on such as are given free of duty shall be paid primarily out of my personal estate in exoneration (as far as may be) of the proceeds of the sale of Real Estate) and shall hold the residue of the said moneys to arise as aforesaid In trust for such of the following persons (namely) the said George Leslie (son of my said paternal cousin George Leslie) the said George Leslie ( son of my said paternal cousin John Leslie) Jemima Leslie (daughter of my said paternal cousin John Leslie) and the said Andrew Leslie (son of my said paternal cousin Jane Leslie) as shall be living at my death and if more than one in equal shares and I direct that the said Annuity to my said sister shall subject to the direction contained in the tenth clause of this my Will be provided for by my Trustees or trustee setting apart a sufficient sum out of the said moneys to arise as aforesaid as a fund for answering the same Annuity by investing the same in their or his names in or upon any of the Parliamentary Stocks or Public Funds or in Government Securities of the United Kingdom or India or upon freehold or copyhold – Securities in Great Britain not in Ireland or in the Capital Stock of the Bank of England, Stock of the Metropolitan Board of Works or the London County Council or in or upon the Debentures and Debenture Stock or the Preference  or Guaranteed Shares or Stock of any Railway, Canal and Dock Company in Great Britain which shall have paid a dividend on its Ordinary Shares or Stock for each of the three years last preceding the investment thereon or in or on the Stocks Shares and Securities of any undertaking in Great Britain or India the interest or dividend on which is guaranteed by the Government of Great Britain or India or in any annuity (whether permanent or terminable and whether now existing or hereinafter to be created) the payment of which is charged on the revenues of India or in or on the funds bonds or other securities (not payable to Bearer) of any British Colonial Government with full power at their discretion from time to time to vary all or any of the investments for the time being into any other or others of the descriptions hereinbefore authorised and my Trustees or trustee shall apply the income and if necessary the capital of the said annuity and (subject to the said annuity) the said Fund or so much thereof as shall remain after the death of the said annuitant shall form part of my residuary personal estate
 * 10) I hereby declare that so long as my Coxlodge and Hebburn Estates shall remain unsold my Trustees or Trustee shall pay the said annuity in the manner and at the times hereinbefore provided out of the net rents or income produced by such Estates so far as the same shall extend and after such sale and so far as such net rents and other income shall not be able to satisfy in the manner hereinbefore provided by Clause 9 of this my Will
 * 11) I direct that my Trustees or trustee shall invest the said sum of £20,000 in or upon any of the investments hereinbefore authorised for the said annuity Fund with full power from time to time to vary all or any of the investments for the time being into any other of the descriptions authorised and shall during the life of the said Jemima Leslie (daughter of my said paternal cousin John Leslie) apply the yearly income of the said sum of £20,000 or of the investments representing the same in manner following (that is to say) during any and every coverture of the said Jemima Leslie shall pay the same yearly income to her for her separate use without power of anticipation and during any and every discoverture of the said Jemima Leslie shall pay to her so much of such yearly income as would not if the same were payable to her be by her act or default or by operation of law disposed of so as to prevent her personal enjoyment thereof and shall apply so much of the same yearly income as would if the same were payable to her be disposed of as last aforesaid for the maintenance and personal support or benefit of all or any one or more to the exclusion of the others or other of the following persons namely the said Jemima Leslie and her children or other issue for the time being in existence (if any) whether minors or person or persons other than the said Jemima Leslie who may under the ninth paragraph of this my Will become entitled to the residue of the said moneys to arise as aforesaid in such proportions and manner as my Trustees or Trustee shall in their her or his absolute and uncontrolled discretion from time to time think proper and subject to their discretionary trust or power lastly hereinafter contained shall hold the said income which cannot be personally enjoyed by the said Jemima Leslie or so much thereof as shall not be applied under such discretionary power upon the trusts and purposes upon and for which such income would for the time being be held if the said Jemima Leslie were dead And after the death of the said Jemima Leslie shall hold the said sum of £20,000 or the investment representing the same and the income thereof in trust for such persons or persons and for such purposes as she shall by Will or Codicil appoint and in default of any and subject to every such appointment the same sums or investments and income shall fall into and form part of my residuary personal estate
 * 12) I declare that the direction contained in the last paragraph of the my Will respecting the said sum of £20,000 is given not because I have any reason to believe that the said Jemima Leslie is or is likely to become a person of improvident habits but because I wish to provide for her a substantial and as far as I legally can an inalienable income as long as she lives.

13.   I direct that my Trustees or trustee shall invest the said sum of £2000 given to them her or him as aforesaid in or upon any of the investments hereinbefore authorised for the said Annuity Fund with full power from time to time to vary all or any of the investments for the time being into any other or others of the descriptions authorised and shall hold the said sum of £2000 or the investment representing the same and the income thereof in trust for Margaret Leslie Hope (Daughter of the said Elizabeth Ann Hope) if and when she shall attain the age of 25 years and if at my death the said Margaret Leslie Hope shall be under the age of five years then I direct my Trustees or Trustee to accumulate the annual income until the said Margaret Leslie Hope shall have attained the age of Five years by investing the same and the resulting income as and when it falls due in any of the investments hereby authorised and after the said Margaret Leslie Hope shall have attained the age of Five years (whether before or after my death) I direct my Trustees or trustee to apply the income of the same sum of £2000 or of the investments representing the same and of the accumulations (if any) of such income or any part thereof half yearly to or for the benefit of the said Margaret Leslie Hope until she attains the age of 25 years or dies under that age and may pay the same to the said Elizabeth Ann Hope so long as the said Margaret Leslie Hope shall be under the age of 25 years to be applied without necessity for my Trustees or trustee to see to the application of it and after the said Margaret Leslie Hope shall attain the age of 25 years then the said sum of £2000 or the investments and accumulations (if any) shall be in trust for the said Maragret Leslie Hope absolutely, but if she die under the age of 25 years (whether before or after having attained the age of 5 years) then the said sum of £2000 or the investments and accumulations (if any) and the income thereof shall be in trust for the said Elaizabeth Ann Hope  absolutely. And I wish to place on record that I have made the above provision in favour of the said Margaret Leslie Hope with the express desire that she may be well maintained and educated so as to grow up bearing the character of a mild gentlewoman like my much loved deceased wife after whom she has been named. In Witness Whereof I have hereunto set my hand the 8th day of November 1893. And A Leslie Signed and declared by the said Andrew Leslie 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 name as witnesses. – Walter Williamson, 5 Bank Buildings, London E 6. William Todd, Coxlodge Hall, Newcastle upon Tyne, Groom to Mr Leslie                                                                                                     new page

14.  Edinburgh 12th May 1894 I James Geddes ?? Depute Commisionary Clerk of the County of Edinburgh hereby cerify that this Grant of Probate has been produced in the Sheriff Court of the said County and that a copy of thereof has been deposited with me  Seal/ Signed James Geddes

References

DT.SC national archives

Coote, Arthur of The Minories, Newcastle, shipbuilder 78/5-7

Page 650

Edinburgh 12th May 1894 I James Geddes (?? Depute) Commissary Clerk of the County of Edinburgh hereby certify that this Grant of Probate has been produced in the sheriff Court of the said County and that a copy thereof has been deposited with me (Seal/ Signed) James Geddes.

[1] Christina Stephen b.1824 d.1903 (Vol.10b Page 53) (nee Leslie) Andrew’s sister and buried next to Andrew at Leith Edinburgh. Census 1901. Age 75 Ellesmore Villa West, St.Andrew, Westgate, Northumberland

[2] John Jordan maybe Andrew Leslie’s wife’s brother?

[3] James Ritchie, Engineer b1833 Scotland

Census 1901 123 Elswick E Terrace, Elswick, Westgate, Northumberland.

Son John age 45 Born Lerwick

Daughter Margaret age 34

[4] Death Duty Registers Kew, London awaiting files from researcher 18/9/2011

[5] See note 1

[6] Andrew Leslie’s brother John Leslie b.1820 d.1860

[7] Andrew Blance sold Seafield in 1964 also note about Joan Sinclair?

[8] Andrew Leslie Seafield b.1864 d.1944

[9] Jane Leslie b.1826 d.1923  married Adam Leslie b.1827 d.1900

[10] George Leslie (snr) of Quendale? b. 1st may 1865 d.14th Feb 1922. Married Jane Amelia Brand b.1870 d.1950

[11] George Leslie b.1843 d.1892 married Margaret Shewan b.1836 d.1893 they also had a daughter Catherine Leslie b.1862 d.1942 Tolob

[12] George Leslie (jnr) b.1870 d.1950 Laxfirth

[13] John Leslie b.1837 d.1917 m.1870 Jemima Papla

[14] Jemima Leslie sister of George Leslie Jnr Laxfirth m. Henry Alyslop Aitchison

[15] Andrew Leslie’s father Robert m. Shewan

[16] Further research required, anyone help??

[17] See note13

[18] Laxfirth

[19] See note 9

[20] Seafield

[21] Quendale

[22] See note 11

[23] Andrew Leslie’s mother’s brother? Anyone help?

[24] Andrew Leslie’s mother’s brother? Anyone help?

[25] Janet Mackintosh was Margaret’s Leslie (nee Jordan) brother/sister children?

[26] Minories

[27] Annie Mackintosh (niece of my late wife) see note 25

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