Will of Montague Joseph Feilden
from Newfoundland will books volume 6 pages 511-516 probate year 1899

Last will and Testament of
Montague Joseph Feilden of Ashton upon Kibble, Lancashire
Lieutenant Colonel

      This is the last will and Testament of me Montague Joseph Feilden of the Chain Ashton upon Kibble in the County of Lancaster and the Reform Club London Esquire Lieutenant Colonel in Her Majestys 3^rd Royal Lancashire Militia. I appoint my Housekeeper Mrs Violet Wilson and William Hamilton Maynard of Preston aforesaid Solicitor Trustees and Executrix and Executor of this my will. I direct the payment of my just debts funeral and testamentary expenses as soon as conveniently may be after my death. I desire to be buried in the Thomme family grave in Guernsey if I die in Guernsey And in case I die in England then I desire to be buried in the Valentine Family vault at Salmesbury near Preston. I direct the sum of five pounds to be paid to the Reverend William Scholes the present Incumbent of Salmesbury within six months after my decease for arrears of pew rent in the church there. And I fervently hope that my son Montague Leyland Feilden will continue to pay to the said William Scholes during his Incumbency of the said living of Salmesbury the annual payment of at least Two pounds (if convenient to my said son) for rent of the said pew and the balance (if any) of such annual payment over and above the pew rent to be applied each year towards the schools and poor of the said Parish and in case my said son shall fail to carry out my wishes in this respect then I order and direct my said Trustees to make the said payments annually.

I give and bequeath unto my said son Montague Leyland Feilden my plate chest my large tool chest and my other large chest with their contents now in care of Mr. G. G. Reak (or Peck) of Delancy Guernsey with all my guns rifles and gun cases and their contents Also my large box marked (C) now in the outer store room at the Chain and my long militia box marked “Major F. 3^rd R.L.M.” also in the said outer store room at the Chain And I also bequeath to my said son Montague Leyland Feilden my pictures by a Van?? bequeathed to me by my mother The Dowager Lady Feilden hoping that he will never part with it.

I give and bequeath to my said housekeeper Mrs Violet Wilson my picture of my old nurse Mrs Baldwin also my six pieces of bronze sculpture now at the Chain and brought by me from Italy hoping that she will hand them down to my said son Montague Leyland Feilden or her son William Frederick Wilson as and in such manner and at such time as she shall think fit. I also give and bequeath to the said Mrs Violet Wilson my portrait of my first wife and the Thomme family Bible.

I bequeath to the said William Frederick Wilson my model ship and also my magic lantern and slides now in the outer store room at the Chain as also my German Flute and small manuscript Flute music Book

And I bequeath to my ward Charles Henry Hall my picture of his mother the late Mrs Hall and also my two oval Japanese paintings if and when he shall attain the age of twenty one years but on this express condition that he shall never dishonor my name as his two Brothers have done by taking the name of “Feilden” or changing his present name of Hall otherwise Hemming and in case he shall at any time forfeit his right to the said pictures then I give them to my said son Montague Leyland Feilden
I bequeath the crystal Goblet purchased by me at Mr Charles Fryers sale as a small token of regard to the said William Hamilton Maynard.

I give and bequeath the following pecuniary legacies namely: -

And subject as aforesaid I give devise and bequeath all and singular my real and personal estates and effects whatsoever and wheresoever unto and to the use of my said Trustees their heirs Executors and administrators respectively according to the nature and tenure thereof upon the trusts hereinafter contained I direct my said Trustees to give to my said Housekeeper Mrs Violet Wilson the option of continuing Tenant of my house and premises known as The Chain (but not the farm there) if and so long as she shall choose to reside therein at the nominal rent of Two pounds per annum she keeping the same in good tenantable order and repair And in case she shall decide to occupy the said house and premises I direct my said Trustees to permit her to have during such occupation the use and enjoyment of all the furniture I may happen to be possessed of there

I direct my said Trustees to pay the premiums on my life Insurance policies on the lives of Sir Robert Arthur Demy Baronet and Colonel Robert Raynesford Jackson respectively and all other life policies in which I am interested in case the person or persons liable to pay the premiums thereon neglect or fail to make such payments it being my express wish that the said policies shall be duly and regularly kept up until the moneys thereby respectively secured become payable through the deaths of the persons on whose lives such policies are respectively effected and that in the meantime the said policies shall not be sold surrendered or otherwise converted into money And subject as aforesaid I direct my said Trustees to call in sell and convert into money all such parts of my said personal estates and effects as shall not consist of money and to invest the moneys arising therefrom and any ready money of which I shall be possessed at my death in any one or more of the securities authorised by law. And I direct my said Trustees out of the income arising therefrom and from any said real estate to pay to my said Housekeeper Mrs Violet Wilson during her life the annuity or yearly sum of one hundred pounds (free of duty and all other deductions) by equal quarterly payments the first to be made at the expiration of three calendar months after my decease And after her death to pay the said annuity or yearly sum of one hundred pounds free of duty and all deductions to the said William Frederic Wilson during his life by equal quarterly payments And subject as aforesaid I direct my said Trustees to hold my said real and personal estates and effects and the investments thereof and all other my residuary property upon trust to pay the net annual income thereof to my said son Montague Leyland Feilden until he shall die or become bankrupt or assign charge or encumber or attempt to assign charge or encumber the same or any part thereof or do or suffer something whereby the same or some part thereof would by operation of law or otherwise if belonging absolutely to him become vested in or payable to some other person or persons. And after the failure or determination of the trust hereby declared in favor of my said son Montague Leyland Feilden my said Trustees shall during his life apply so much of the said income as to them my said Trustees shall seem proper for the maintenance or benefit of the said Montague Leyland Feilden and his children or any of them and shall accumulate the residue thereof in the way of compound interest and the resulting income thereof in or upon any of the securities authorised by law And I hereby declare that after the death of my said son Montague Reyland Feilden my said Trustees shall hold the said trust premises and the income thereof and the investments thereof in trust for such children or child of the said Montague Leyland Feilden as being sons or a son shall attain the age of twenty one years or being daughters or a daughter shall attain that age of marry and if more than one in equal shares. And in case my said son shall die without issue him surviving then I direct my said Trustees to hold my said trust estate and the investments thereof and the income thereof in trust for my nephews Major Houghton Montague Feilden of the Royal Artillery Henry Travis Whitaker at present living in Essen. The Reverend Frederic D’Anyers Willis of Wigen and Major Robert Montague Hornby now living in North West America share and share alike as tenants in common and in case my said nephew Robert Montague Hornby shall then be dead I direct that my nephew Colonel Leyland Hornby of the 70^th or East Surey Regiment shall take the share of and in my said residuary estate to which the said Robert Montague Hornby would have been entitled if living

And I hereby request the said Mrs Violet Wilson as soon as conveniently may be to appoint the said William Hamilton Maynard to be a Trustee in my place of the settlement in favour of my said ward Charles Henry Hall And I declare that it shall be lawful for my said Trustees to sell the whole or any part of my said real estate at such time or times and in such manner in all respects as they in their discretion shall think fit but it is my express wish that my said real estate shall be held by my said Trustees as long as possible and shall not be sold by them unless and until they consider a sale absolutely necessary. And I declare that on a sale of my said real estate or any part thereof the moneys to arise therefrom shall be held by my said Trustees and applied by them upon the same trusts and in the same manner as hereinbefore declared with regard to such real estate prior to a sale thereof
In witness whereof I the said Montague Joseph Feilden the Testator have to this my last will and Testament contained in this and the three preceding sheets of paper set my hand this sixteenth day of August one thousand eight hundred and ninety three (sgd) M. J. Feilden. Signed declared and acknowledged by the said Montague Joseph Feilden the Testator as and for his last will and Testament in 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 attesting the same
(sgd) Edwin Hill Dean Solicitor Preston
(sgd) John Wellesley his clerk.

      I certify the foregoing to be a correct copy of a duplicate of the last will and Testament of Montague Joseph Feilden deceased

D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
Jos I. Little
C. J.