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Darwin Correspondence Project

From W. M. Hacon   20 September 1881

18, Fenchurch Street, | London, | E. C.

20th September 1881

My dear Sir

I now send, for your approval, a draft of your intended new will.1 And I hope you will not have much trouble in seeing that it is such as will carry out your wishes. To each of your five sons 1274ths of your residuary estate are given; and to each of your two daughters 774ths.2 Your married daughters share is given to the trustees of her marriage-settlement: and it will practically be retained by the executors & trustees of the will;—as they are also the trustees of the settlement.3 The retention will be upon the trusts of the settlement as to after-acquired property, which differ slightly from the trusts of the £5000 debenture stock which you put into the settlement, in respect of your daughter having power by will to dispose of the after-acquired property in default of issue of the marriage.4 The trusts as to this property have this peculiarity that your daughter has an absolute disposal of £3000 only as if she were single—when i.e. after £10000 (inclusive of the £5000 debenture stock) shall have come into settlement.

Your other daughters5 share is given upon the same trusts as those contained in the old will.

If any of your children should die before you, the Will Act would make the gift of the will in his or her favour operate as if he or she had survived you.6 And as your children are now all of age I think that the provisions of the will act are preferable to those of your old will which made the gifts to your children operate in their childrens favour if your children should die in your lifetime leaving issue.

The reference of the present will to your own married settlement is taken verbatim from the old will. And I think I need not trouble you to give me information as to the power of appointment executed by the will. In effect the will appoints a sum of £10000 in the same shares amongst your children as your general estate is bequeathed.

I shall be glad to give any further explanations respecting the draft: and to make any alterations you may desire.

And I am | My dear Sir | Yours very truly | Wm. M Hacon

Charles R. Darwin Esq. | Down | Beckenham | Kent

Footnotes

CD had decided to make a new will after inheriting property from Erasmus Alvey Darwin (see letter to W. M. Hacon, 11 September 1881). The draft was returned to Hacon on 22 September (letter from W. M. Hacon, 23 September 1881).
William and George Darwin were CD’s executors and trustees for their sister Henrietta Litchfield.
CD had settled £5000 of debenture stock in the North Eastern Railway Company on Henrietta as part of her marriage settlement (CD’s Investment book (Down House MS), p. 134).
Elizabeth Darwin.
The Wills Act of 1837 stated: ‘where any Person being a Child or other Issue of the Testator to whom any Real or Personal Estate shall be devised or bequeathed for any Estate or Interest not determinable at or before the Death of such Person shall die in the Lifetime of the Testator leaving Issue, and any such Issue of such Person shall be living at the Time of the Death of the Testator, such Devise or Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will’.

Summary

Details of new will. 12/74ths to each son and 7/74ths to each daughter.

Letter details

Letter no.
DCP-LETT-13346
From
William Mackmurdo Hacon
To
Charles Robert Darwin
Sent from
London, Fenchurch St, 18
Source of text
DAR 166: 28
Physical description
ALS 3pp

Please cite as

Darwin Correspondence Project, “Letter no. 13346,” accessed on 24 April 2024, https://www.darwinproject.ac.uk/letter/?docId=letters/DCP-LETT-13346.xml

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