Saturday, March 29, 2014
Eugene Zimmermann was very involved in his daughter Helena duchess of manchester and his son in Law the duke of manchester.
Will and Codicil of Consuelo, Dowager Duchess of 133
the trusts following (that is to say) upon trust that my American Trustees shall pay the annual income of such share to such younger child during his or her life the same in case of a daughter to be for her separate use without power of anticipation and after such younger child's death the said share shall be held upon such trusts with such powers and in such manner in all respects for the benefit of all and every or any one or more exclusively of the other or others of such younger child's children and remoter issue (such remoter issue to be born and take vested interests within twenty-one years after the death ofsuch younger child) as such younger child shall by deed revocable or irrevocable or by Will or Codicil appoint and in default of and until and subject to any such appointment upon trust for all or any the children or childof such younger child who being sons respectively attain the age of twenty-one years or being daughters respectively attain that age or marry under that age in equal shares if more than one Provided that no child of such younger child who or y^ whose issue shall take any part of such share under any such appointment shall be entitled to any portion of the unappointed part of the same share without bringing the part so appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly unless such younger child shall by deed revocable or irrevocable or by Will or Codicil direct the contrary and I declare that if there shall be no child of such younger child who being a son attains the age of twenty-one years or being a daughter attains that age or marries under that age then after the death of such younger child and such default or failure of his or her children as aforesaid which shall last
13H Will and Codicil of Consuelo, Don-ager Duchess of
happen my American Trustees shall stand possessed of the share so to be allotted in respect of such younger child and of the income thereof so far as not then already vested or applied in trust for such person or persons and for such purposes as such younger child shall if male by deed revocable or irrevocable or by Will or Codicil appoint and if female during coverture by Will or Codicil and when not under coverture by deed revocable or irrevocable or by will or codicil appoint and I declare that the English statutory power ofmaintenance and education and accumulation of surplus income shall apply to every share allotted in respect of a younger child not having attained twenty-one years of age and also being if a daughter unmarried in the same manner as if such younger child would have become entitled to the capital and intermediate income thereof on attaining twenty-one years but that any accumulations not applied under such power shall be added to the capital ofsuch share and in case any one or more of the said shares so to be allotted shall fail absolutely to vest under the foregoing trusts then subject as aforesaid each such share so failing to vest with any accretions thereto so far as not vested or applied under the foregoing trusts or the powers of advancement and maintenance shall go over and be held upon such trusts and for such purposes as would under this my Will have been for the time being subsisting concerning the same in case the younger child in respect of whom such share shall (whether originally or by way of accretion) have been allotted had been born during and had died in my lifetime without leaving a child or children living at my death.
23. Provided always and I hereby declare that
Will and Codicil of Consuclo, Dowager Duchess of 139 Manchester
in case Eugene Zimmermann the father of Helena Duchess of Manchester the wife of my said son the present Duke of Manchester shall either by gift or settlement in his lifetime or by Will or Codicil give settle or bequeath any money stocks funds or securities to or in trust for any of the younger childrenof my said son or to or in trust for the children or issue as a class of any ofsuch younger children or to or in trust for any of such younger children for his or her life with remainder to or in trust for 110 his or her child or children or issue as a class then and in every such case there shall he deducted from the capital of the part or share which under the direction hereinbefore contained is to be allotted in respect of each such younger child of my said son (whether dying in my lifetime leaving a child or children living at my death or living at my death or horn after my death) of the sum not exceeding £50,000 hereinbefore directed to be set apart out of my American residuary estate or the property for the time being representing the same a capital sum equal in amount or value to the 111 moneys stocks funds and securities so given or settled or bequeathed by the said Eugene Zimmermann to or in trust for such younger children or to or in trust for the children or issue of any such younger child as a class or to or in trust for any such younger child for his or her life with remainder to or in trust for his or her children or issue as a class To the intent that the capital sum or sums which under the direction last hereinbefore contained shall be deducted from the said parts or shares of the said sum not exceeding £50,000 shall not be raiseable out of my American Residuary Estate or the property for the time being representing the same and that the amount or amounts of the
142 Will and Codicil of Consuelo, Dowager Duchess of
capital sum or sums so to be deducted may form an addition to the residue ofmy American Residuary Estate And I further declare that for the purpose ofascertaining the amount of any deduction to be made under this clause from any part or share of the said sum not exceeding £50,000 the value of any stocks funds or securities given or settled or bequeathed by the said Eugene Zimmermann shall be taken by my American trustees at the medium market price thereof as on the day of my death.
24. I declare that my American trustees may but with the consent of any person having a previous life interest therein raise any part or parts not exceeding together one half of the expectant presumptive or vested share ofany such younger child not having a life interest only or of any child of any younger child under the trusts hereinbefore contained and apply the same for his or her advancement or benefit as such trustee shall think fit.
25. Provided always and I hereby declare that notwithstanding any of the trusts hereinbefore declared the annual income arising from the shares (subject to deduction as mentioned in clause 23 hereof) allotted in respect of each younger child of my said son (whether dying in my lifetime leaving issue or child or children living at my death or living at my death or born after my death) of the said sum not exceeding £50,000 shall during the life of my said son and until the younger child of my said son or other the person entitled under the trusts hereinbefore declared to the capital or income of such share shall being a male have attained or attain the age of twenty-one years or being a female have attained or attain the age of twentyone years or have married or marry under that age with the consent of my General Trustees be paid
Will and Codicil of Consuelo, Dovxiger Duchess of 145 Manchester
by my American Trustees to my General Trustees to be applied by them for the benefit of the same person and in the same manner as the annual income ofmy General Residuary Estate is hereinbefore directed to be applied.
26. I declare that by younger child of my said son herein is signified every daughter of my said son and also every son of my said son other than any and every son who before my death shall have succeeded to or at my death shall be heir apparent'
to the title of Duke of Manchester or shall after my 146 death but before attaining 21 years of age succeed to or be heir apparent to such title.
27. And I direct that if either my General Estate or my American Estate as the case may be shall be insufficient for the purposes herein directed specially to be provided thereout then any surplus of the other estate after serving the purposes herein directed specially to be provided thereout shall be applied in aid of the estate so being insufficient before being applied upon the residuary trusts hereby declared thereof.
28. I declare that in the execution of any of the I4Y aforesaid trusts or powers my General Trustees may determine what articles pass under any specific bequest contained in this my Will and my General Trustees and my American Trustees respectively may decide what money represents income
and what represents capital and may allot or apportion any moneys or investments the trusts whereof are hereby declared to or between the persons entitled thereto in such manner and may set apart such investments to answer any annual sum payable to any person as such Trustees respectively shall deem just and reasonable according to the respective rights and interests ofthose persons and notwithstanding that funds held on different trusts