BYRD, Thomas (Will)

This is the last will and testament of me Thomas Byrd generally known as Thomas Byrd the elder of Aldington in the parish of Badsey in the county of Worcester Justice of the Peace.  I revoke all wills and testamentary dispositions by me at any time heretofore made.

Executors:  I appoint my son Thomas Byrd the younger of Aldington aforesaid and my friend Geoffrey New of Evesham in the county of Worcester Solicitor and Edward Grantham Righton the Younger of the same place, Auctioneer (hereinafter called “my trustees”) to be executors and trustees of this my will and I declare that the expression my trustees hereinafter used shall include the survivor of them and his and their executors and his and their assigns I devise:

• All that my orchard situate at Badsey aforesaid and known as Hop Yard Orchard to my daughter Sylvia the wife of Albert William Barrett in fee simple.
• I devise and bequeath all the real and personal property whatsoever or wheresoever of or to which I shall be seized possessed or entitled at my death or over which I shall then have a general power of appointment or disposition by will except property otherwise disposed of by this my will or any codicil hereto unto and to the use of my trustees upon the trusts and with and subject to the powers and provisions hereinafter declared of and concerning the same that is to say upon trust to pay there out my funeral and testamentary expenses and debts and subject thereto to bet and manage the same and to receive the rents thereof and after paying and discharging there out the rates taxes repairs insurance and all other necessary charges and expenses connected with or payable in respect of the said properties and the management thereof and also the interest on the mortgage or mortgages on such properties or so much thereof as may be owing at my decease (if not paid by my said son Thomas Byrd) and all costs charges and expenses connected therewith to accumulate the net rent by paying the same from time to time in their names into a bank until they shall have received sufficient to pay off and discharge the principal owing on the said mortgage or mortgages and all interest due or accruing in respect thereof and as and when my trustees shall have paid and discharged all such principal and interest upon trust to pay the net rents profits interest divided and annual produce of the said real and personal estate and premises to my said son Thomas Byrd for his life provided always and I hereby declare that my said son Thomas Byrd shall not become entitled to any share or interest under this my will unless and until he shall have paid the sum of £200 to my Trustees to be used by them for paying and discharging the aforesaid mortgages or the interest thereon
• And from and after the decease of my said son Thomas Byrd I declare that my Trustees shall stand possessed of the said residue of my estate upon trust to pay the same to my two daughters the said Sylvia Barrett and Mary the wife of Philip Bomford in equal shares as tenants in common for and during their lives and from and after the decease of either of them as to the share of such deceased daughter upon trust for the child or children of such deceased daughter of mine and from and after the decease of the survivor of my said daughters upon trust to sell call in collect and convert into money the said residue of my estate at such time and in such manner as they shall think fit with power to postpone such sale calling in or conversion of the whole or any part or parts of my said estate and to hold the proceeds of such sale calling in or conversion upon trust to divide the same among the children of my said daughter Sylvia Barratt and Mary Bomford in equal shares and I declare that my executor may instead of acting personally employ and pay a solicitor or other person to transact any business or do any act required to be done in connection with the administration or the trusts of my estate including the receipt and payment of money and that any executor being a solicitor or other person engaged in any profession or business may be so employed and shall be entitle to charge and be paid (free of legacy duty) all professional or other charges or commission for any business or act done by him or his firm in connection with the said administration and trusts of my estate including any act which an executor not being a solicitor or other person engaged as aforesaid could have done personally.

In witness whereof I have to this my last will and testament set my hand this 12th day of December 1914.

Signed Thomas Byrd