PENDLEBURY, Richard (Will)

This is the last will and testament of me Richard Pendlebury of Number 2 Orchard View Badsey in the county of Worcester Gentleman I revoke all wills and testamentary dispositions by me at any time heretofore made and I appoint my son George Pendlebury and my natural daughter Maud Ellen commonly known and hereinafter referred to as Maud Ellen Pendlebury to be the executor and executrix and the trustees of this my will and they and the survivor of them and the executors and administrators of such survivor or other the trustees or trustee for the time being of this my will are hereinafter referred to as "my trustees".  I desire to be buried in my grave at Brooklands Cemetery near the City of Manchester.

• I bequeath to the said George Pendlebury in case he shall prove my will and accept the trusts thereof the legacy or sum of £20.
• I give devise and bequeath all my real estate and all the rest and residue of my personal estate and effects whatseoever and wheresoever unto my trustees upon trust that they shall sell my real estate and call in and convert into money such part of my personal estate as shall not consist of money and shall with and out of the moneys arising from such sale calling in and conversion and with and out of my ready money pay my funeral and testamentary expenses and debts
• And in the next place to pay Lavinia – [a dash appears in the will] the widow of my late son Henry Lingard Pendlebury the sum of £25 and to her son Richard Pendlebury the sum of £50 but if her said son shall not be living at my decease then I direct my trustees to pay the said sum of £50 to the said sum of £50 to the said Lavinia – [a dash appears in the will] (the mother) in addition to the said sum of £25 and as to the residue
• I direct my trustees to pay or transfer one third part thereof to my said natural daughter Maud Ellen Pendlebury
• As to one sixth part thereof I direct my trustees to pay thereout on account of my son John William Pendlebury being a debt owing by him to my niece Maria Ham Lidlow of Number 41 Whit Lane, Pendleton, Manchester, the clear sum of £146 6s 6d of legacy duty (if any) payable thereon, such duty to be also paid by my Trustees out of the said one sixth part and to pay or transfer the remainder of the said one sixth part to my said son John William Pendlebury
• I direct my Trustees to pay or transfer one other sixth part of the said residue to my son the said George Pendlebury
• One other sixth part thereof to my son James Edwin Pendlebury
• And the remaining one sixth part thereof to my daughter Florence Blackburn

Provided always and I hereby declare that if any of them the said residuary legatees shall die in my lifetime leaving a child or children who shall survive me and who being male shall attain the age of 21 years or being female shall attain that age or marry under that age then and in every such case the last mentioned child or children shall take and if more than one equally between them the share in the trust funds which his her or their parent would have taken had such parent survived me and attained a vested interest therein provided also and I hereby further declare that in the event of the failure or determination of the trusts hereinbefore declared and contained concerning any share in the trust premises such share and any additional share or shares which may accrue or be added thereto by virtue of this present provision and the income thereof respectively shall go and accrue by way of addition to the other share or shares in the said trust premises and in the same proportion so that every such accruing share shall be held upon the trusts and with under and subject to all the powers and provisions herein declared and contained concerning the original share or shares or as near thereto as the circumstances will permit provided also and I hereby further declare that the sum of £60 which I have advanced to my said son John William Pendlebury and the sum of £70 which I have advanced to my said son James Edwin Pendlebury with interest thereon respectively at the rate of £2 10s per centum per annum calculated from the 24th day of June 1905 shall in default of any direction to the contrary in writing under my hand be deemed to be debts due and owing to my estate in witness hereof I have to this my last will and testament contained on the sheets of paper set my hand this 20th day of April 1907

Signed by the said Richard Pendlebury and declared by him to be his last will and testament in the presence of us 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:  Geoffrey New, Solicitor, Evesham; Arthur W Odgers, Solicitor, Evesham.

CODICIL

This is a Codicil to the last will and testament of me Richard Pendlebury of Number 2 Orchard View, Badsey in the county of Worcester Gentleman which will bears date the 20th day of April 1907 I give and bequeath to my natural daughter Maud Ellen in my said will mentioned and in addition to the legacy or share of my estate in my said will given to her all my household furniture plate linen glass china household stores and other effects at my residence at Badsey aforesaid or elsewhere And in all other respects I confirm my said will.  In witness whereof I have to this codicil to my said will set my hand this 13th day of January 1908

Signed by the said Richard Pendlebury and declared by him to be a codicil to his will in the presence of us present at the same time who at his request in his present and in the presence of each other have hereunto subscribed our names as witnesses:  Charles Arthur Binyon, Market Gardener, Badsey; John Henry McDonald, Schoolmaster, Badsey.