Scope and Content
i) Rev. Chas. Lowndes, Aylesbury, Bucks., clk. Harry Wilmot Buxton, 77, Chancery Lane, Middx., Esq., barrister Wm. Rutter, Kings Bench Walk, Middx, gent., solicitor Thos. Chapman, Brighton, Sussex, Esq. (plaintiffs) Robt. Wilkinson, Totteridge Park, Herts., Esq. ii) Louisa Cath. Lee, wid. Edw. Dyke Lee (defendants) Reciting: will of Jn. Lee formerly of Doctor' Commons, London, and of Hartwell House, Bucks., Esq., Doctor of Laws, made 25 April 1864 ..£100 to the Numismatic Society of London, the British Meteorological Society, the Syro Egyptian Society, the Chronological Institute and the Anglo Biblical Society .. furniture, pictures, books etc. in his house at Hartwell to Edw. Dyke Lee, his nephew, for life or until he should alienate the estate etc. settled by a private Act of Parliament (chap. 30) of II and III Wm. IV, or which might have been purchased by money derived from sale of the Colworth estate sold under authority of a private Act (chap. 6) of 12 and 13 Queen Vict. Then to testator's wife, Louisa Cath. Lee. If no alienation etc. then to Edw. Dyke Lee's sons, succesively etc. according to the provisions of the will of Wm. Lee Antonie, dec. Buxton, Rutter, Chapman, and Wilkinson made exors. and £100 given to each one who should prove his will. Also Wm. Hen. Smyth .. all estate and interest as heir at law of Wm. Lee Antonie etc. to use of nephew, Jn. Wm. Ede for life with remainder to Robt. Wilkinson and Thos. Chapman in trust to preserve contingent remainder After Jn.'s dec. then to his sons successively etc. .. to Smyth, Buxton, Rutter, Chapman and Wilkinson ... advowson of Edgeware, Middx. ... advowson of Wymington ... all other real estate not otherwise disposed of in trust for sale ... all personal estate also to exors. in trust for sale Money received to be invested in Govt. stocks and half interest received to be paid to w. and other half to Edw. Dyke Lee during their jt. lives and after dec. of either of them, whole amount to survivor. If Edw. leaves a son, then stocks to be held in trust for him until 21 Codicils: a) of 3 Feb. 1866 by wch. Rev. Chas. Lowndes app. exor. in place of Wm. Hen. Smyth. Bequest regarding furniture, books etc. at Hartwell as far as regarded unprinted books etc. revoked. Annuity of £20 to secretary Jas. Longville. To Sam. Horton of Calley Farm on the Hartwell estate, who had acted as his secretary and astronomer £100. To bro. Jos. Plummer Horton - £50. Revoked trusts as far as related to the net ultimate residue of his estate. Income now to be divided - 2/8 to w. for life, 1/8 to cousin Sar. Fiott, dau. of his dec. uncle Capt. Edw. Fiott, for her life, 1/8 each to exors, for life. After deaths of all of them then as disposed of in will b) of 24 Feb. 1866 by which provision made in case neph. Did not pay annuities in above codicil etc. Testator d. 25 Feb. 1866. Will proved 30 May 1866 in PCC Questions have risen 'as to whether the charitable legacies bequeathed by the said Will are not void under the statue of Mortmain..... and trusts cannot be safely carried into execution except under the direction of this Honorable Court'. The plaintiffs therefore pray- that the will may be established and that the trusts may be carried into execution, that all proper enquiries may be undertaken and the plaintiffs may have their costs