The Will of Thomas Hope

I, Thomas Hope, of the City, County and State of New York, being of sound and disposing mind, memory and understanding, do make, publish and declare this my last Will and Testament in manner and form following, that is to say;

First:

It is my will and I hereby direct that all my just debts and funeral and testamentary expenses be paid by my executors hereinafter named as soon after my decease as may be practicable.

Second:

I give and bequeath to my sister Jane Hope of the City of New York and to her heirs and her assigns for ever the sum of thirty thousand dollars.

Third:

I give and bequeath to The Central Trust Company of the City of New York, the sum of thirty thousand dollars: to have and to hold the same to the said Company and its successors in trust upon and for the following uses, trusts and purposes to wit: As to one third part thereof in trust to invest, reinvest and keep invested such one third part and to collect and receive the interest in income therefrom and apply such interest and income, or so much thereof as may be necessary to the support, education and maintenance of John Hope, the son of my deceased brother Anthony S. Hope until such time as said John Hope shall attain to the age of 21 years, and then upon his attaining said age, to pay over said one third part thereof and all accumulations thereof, to the said John Hope to his own use for ever.

And as to one other third part thereof in trust to invest, reinvest and keep invested such one third part, and to collect and receive the interest in income therefrom and applies said interest and income or so much thereof as may be necessary to the support education and maintenance of Grace Hope a daughter of my deceased brother Anthony S. Hope until such time as she shall attain to the age of 21 years and then upon her attaining said age to pay over said one third part and all accumulations of the said Grace Hope, to her own uses for ever.

And as to the remaining one third part thereof in trust to invest reinvest and keep invested such one third part and collect and receive the interest in income therefrom and apply such interest and income or so much thereof as may be necessary to the support, education and maintenance of Isabella Hope another daughter of my said deceased brother Anthony S. Hope until such time as she shall attain the age of 21 years and then upon her attaining such age to pay over such one third part and all accumulations thereof, the said Isabella Hope to her own use for ever.

And in case of the death of either of said children before attaining to the said age of 21 years, then I give and bequeath the part or share of said trust fund to which such child would have been entitled had he or she survived to the remaining two children of my said brother to be equally divided between them and to be added to their respective shares and paid over to them respectively as they shall attain to the age of 21 years as herebefore provided.

And in case that only one of said children shall survive and attain to the age of 21 years then upon the further trust to pay to such surviving child the whole of said trust fund of $30,000 and the accumulations thereof, when he or she should have attained to the said age of 21 years.

And in case of the death of all said children before attaining the age of 21 years, then it is my will and I hereby declare that said trust fund should become and be a part of my residuary estates hereinafter bequeathed.

Fourth:

I give and bequeath to Thomas Hope Butts, the son of Mary Francis Butts of Augusta, Georgia and to his heirs and assigns for ever, the sum of $3000

Fifth:

I give and bequeath to Grace Hope Doure of the City of New York, and to her heirs and assigns for ever, the sum of $500

Sixth:

I give and bequeath to Thomas Hope Nicholson, son of Alfred Nicholson of the City of New York, and to his heirs and assigns for ever, the sum of $1000

Seventh:

I give, devise and bequeath to Mrs Ann Rebecca Taylor of Norston and, Connecticut, the sum of $1000 in trust, to invest, reinvest and keep invested and to apply the interest and income thereof to the support, education and maintenance of Grace Hope Walmsley of said Norston during her minority and upon the said Grace Hope Walmsley obtaining to the age of 21 years, then to pay over to her the said trust fund of $1000, with any and all accumulations thereof to her own use for ever. But in case the said Grace Hope Walmsley should die before attaining to the age of 21 years then I give and bequeath the said trust fund of $1000, with any and all accumulations thereof to the said Mrs Ann R. Taylor to her own use absolutely and for ever.

Eight:

I give and bequeath to said Mrs Ann Rebecca Taylor of Norston, Connecticut and to her heirs and assigns absolutely and for ever, the sum of $5,000

Nine:

It is my will and I hereby direct my executors hereinafter named, as soon after my decease as conveniently may be, to erect or cause to be erected around the lot belonging to my family in Greenwood Cemetery, a granite coping or fence similar to that erected around the lot of Mr Gordon W. Burnham and for that purpose I authorise my said executors to expend the sum of $30,000 or so much thereof, as may be necessary.

Tenth:

I give and bequeath to the Trustees of Greenwood Cemetery of the city of Brooklyn, the sum of $5,000 to have and to hold the same to them and their successors, in trust, to invest, reinvest and keep invested the same, and to apply the interest and income thereof to maintaining and keeping in proper order and repair for ever the lot belonging to my family hereinbefore mentioned in said cemetery.

Eleventh:

I give and bequeath to the Presbyterian hospital situated at No 41 East Seventieth Street, in the city of New York, the sum of $5,000 for the maintenance of a bed in said hospital.

Twelfth:

I give and bequeath to the American Sunday School Union the sum of $5,000

Thirteenth:

I give and bequeath to the American Bible Society the sum of $5,000

Fourteenth:

I give and bequeath to The St Andrew Society, of the city of New York, the sum of $5,000

Fifteenth:

I give and bequeath to the "Home for Incurables" situated at Fordham, New York, the sum of $5,000

Sixteenth:

I give and bequeath to be "New York Christian Home for Intemperate men" situated at No 1175 Madison Avenue, in the city of New York, the sum of $3000.

Seventeenth:

I give and bequeath to the "Samaritan Home for the Aged" situated at No 414 West Twenty Second Street in the city of New York, the sum of $2000.

Eighteenth:

I give and bequeath to the "Presbyterian Home for Aged Women" situated on 73rd St East of Madison Avenue in the city of New York, the sum of $5,000.

Nineteenth:

I give and bequeath to the "New York Orphan Asylum " situated on West 73rd St, corner of the 11th Ave in the city of New York, the sum of $3000.

Twentieth:

I give and bequeath to the "Wetmore Home for Friendless Girls" situated at No 49 Washington Square in the city of New York the sum of $2000.

Twenty First:

I give and bequeath to the "Eighth Ward Mission" situated at No 9 Ludlow Place, W. Houston St, in the city of New York, the sum of $500

Twenty Second:

I give and bequeath to the "Manhattan Eye and Ear Hospital" situated at 103 Park Ave, in the city of New York, the sum of $3000.

Twenty Third:

I give and bequeath to the "New York Skin and Cancer Hospital" situated at No 243 E. 34th St in the city of New York the sum of $3000.

Twenty Fourth:

I give and bequeath to the "S. R. Smith Infirmary" situated at Tomkinsville on Staten Island the sum of $3000.

Twenty Fifth:

I give and bequeath to William A. Brewer, junior, one of the executors to this my last will and testament, hereinafter nominated and appointed, if he shall act in the execution of this my will, the sum of $10,000, as compensation and in lieu of commissions as executor and trustee.

Twenty Sixth:

All the rest, residual and remainder of my estate whatsoever and wheresoever, I give, devise and bequeath to William A Brewer, junior, and Edward B. Crowell, the executors of this my last will and testament hereinafter nominated and appointed, and to the survivor of them, upon the following trusts, that is to say:

In trust for the founding and endowing of an Infirmary for the care and relief of sick and infirm persons, to be established and located at Langholm (my native place) in Dumfreysshire, Scotland in the Kingdom of Great Britain, and to be called "The Thomas Hope Infirmary" and I hereby authorise and direct my said Trustees, promptly to take all necessary and proper steps for procuring the incorporation and organisation of the said Infirmary.

And it is my will, that if within three years after my decease and during the lives of my said two above named Trustees, or if within three years after my decease and during the life of either of my said two above named Trustees, such an infirmary shall be incorporated and organised so as to be able to take the bequest, and shall as respects its organisation, purposes and plan of management be accepted as satisfactory by my said Trustees, or the survivor of them, shall forthwith, or as soon as practicable sell and convert into money all of the said property and estate remaining unsold, and pay over the whole of said trust fund, or estate to such Infirmary to have and to hold for ever for its uses and purposes.

But if an infirmary in accordance with the foregoing provisions shall not be incorporated and organised and be accepted as satisfactory by my said Trustees within three years after my decease and during the life of either of my said two above named Trustees, then and in such event it is my will, and I do hereby authorise and direct my said Trustees, or the survivor of them, and his or their successor or successors, to divide the whole of said trust fund and estate among and pay it over to such charitable institutions then established and existing at the said Langholm and competent to take the same as my said Trustees or Trustee shall decide and in such proportions as they or he may think proper.

Twenty Seventh:

It is my will that my executors hereinafter named, as soon as may be conveniently done after my death, shall sell and convert into money, all the real estate, of every name or nature and wheresoever situated, of which I shall die seized, possessed or entitled unto, and I hereby authorise and empower my said executors, and the survivor of them, to sell and dispose of said real estate at public or private sale at such time or times, and in such parcels, and upon such terms, and in such manner as to them shall seem meet.

Lastly:

I hereby nominate and appoint my friends William A Brewer, junior of South Orange in the County of Essex and state of New Jersey and Edward B Crowell of New Brighton, in the County of Richmond and state of New York to be the executors of this my last Will and Testament, and it is my will that no bond or security shall be required of either of my executors on account of his being a non-resident of the State of New York.

And it is further my will, and I do also direct that in case either of them the said above named executors shall die, or neglect or refuse to qualify, or be or become incapable or incompetent to act as executor at any time before my estate has been fully administered upon, then it shall be lawful to and for the survivor of them, by an instrument in writing under his hand and seal, to nominate and appoint any other person (legally competent) to be executor instead and in place of the one so dying, or neglecting, or refusing, or being, or becoming incapable or incompetent to act as aforesaid, and such new executor, when nominated and appointed as aforesaid, and he has qualified, shall act in conjunction with the other of my said executors with all the same power and authority, to all intents and purposes, as if he had been originally in and by this will appointed, as one of the executors thereof; and it is also my will that such new executor shall become and be one of the trustees under the trust created by the 26th clause or article of this my will.

And I hereby revoke and declare void any and all other and former wills by me at any time herebefore made.

In Witness Whereof, I, the said Thomas Hope, have hereunto set my hand and seal the 12th day of June in the year 1886

The foregoing instrument consisting of nine sheets of paper, was on the day of the date thereof signed, sealed, published and declared by Thomas Hope, the therein named testator as and for his last will and testament in the presence of us and of each of us, who thereupon at the request of said testator, in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses thereto.

Wm H Cox, 300 Livingstone St, Brooklyn,

John T Sherman, 555 Fifth Avenue, New York City

Codicil;

I, Thomas Hope, of the City, County and State of New York, do make, publish and declare this to be a codicil to my last Will and Testament, bearing date the 12th day of June in the year 1886, and to be taken as a part thereof, that is to say:-

First:

I give and bequeath to Edward B Crowell, who is nominated and appointed in and by my said last Will and Testament as one of the Executors thereof, if he shall act in the execution of my said will, the sum of $10,000 as compensation, and in lieu of commissions as Executor and Trustee.

Second:

With the reference to the 26th clause in my said last Will and Testament whereby the rest, residue and remainder of my property and estate is bequeathed to William A Brewer, junior and Edward B Crowell, the Executors therein named, in trust for the founding and endowing of an infirmary for the care and relief of sick and infirm persons, to be established and located at Langholm (my native place) in Dumfriesshire, Scotland, in the Kingdom of Great Britain and to be called "The Thomas Hope Infirmary", I do hereby direct and declare that in case my said Trustees shall meet with any difficulty or cause of delay in procuring the incorporation and organisation of the said Infirmary, or if they shall deem it more expedient so to do, my said Trustees shall have full power to dispense with incorporation, provided, however only that it be lawful for them so to do and effect can be given to the following provisions and then and in such case they are hereby directed, as soon after my decease as they can conveniently do so, to realise all the said rest, residue and remainder and to pay, assign and make over the whole proceeds thereof when and as realised, to and in favour of William Elphinstone Malcolm, Esquire, of Burnfoot, Westerkirk, near Langholm aforesaid, whom failing his successor for the time in the property of Burnfoot, descended of his body, George Maxwell, Esquire of Broomholm, near Langholm aforesaid, whom failing his successor for the time in the property of Broomholm, descended of his body; and Robert Smellie, Esquire residing in Langholm aforesaid, whom failing the heir male of his body, if any; and failing such successors or heir male, to such person and persons as the said William Elphinstone Malcolm, George Maxwell and Robert Smellie, or the acceptors or acceptor, the survivors or survivor of them or their foresaids may assume to act along with or after them, as Trustees and in trust, to the end that they may apply the same for funding, maintaining and supporting an hospital to be called "The Thomas Hope Infirmary" and in manner after mentioned.

And I do hereby declare that the said William Elphinstone Malcolm, George Maxwell and Robert Smellie and their respective foresaids, or the Trustees for the time shall be perpetual Governors of the said Hospital with full power to do all and whatever deeds, matters or things may be necessary for carrying out my will in reference thereto. And I appoint and authorise the said Governors to pay and apply the funds directed to be paid, assigned and made over to them as aforesaid to and for the following purposes, viz;

(First)

For the purchase of a suitable site in or near the said Town of Langholm, and the erecting and finishing thereon of a building or hospital according to a plan to be approved of by them and containing such accommodation as they shall judge to be sufficient for the purposes hereof, or in their discretion, but the purchase of any building in or near the said Town of Langholm that may be suitable or available and the altering and finishing thereof as they shall direct; and also for filling up and furnishing the said building so to be erected or purchased in a sufficient and comfortable manner suitable to the purpose for which it is destined, and from time to time to make such alterations and additions as they may deem to be advisable.

(Second)

I ordain the said Governors to apply the rents, interest, dividends and annual profits of the remaining funds and investments thereof in payment of the annual expenditure of and concerning the said hospital or infirmary, and in carrying out the purposes of these presents:

And I do also direct and appoint the said Governors, when and so often as they shall find it necessary, to select, nominate and appoint proper persons to be treasurer, agent, surgeons, nurses, servants and others to the said Infirmary to perform such duties, for such periods, and with such salaries, wages or emoluments as the Governors shall from time to time think fit to appoint.

And I recommend and appoint the preferences of admission to the said Infirmary to be as follows;viz: (first) sick and infirm persons, natives of and resident in the said Town of Langholm, or the Parish of Langholm, or such other parishes in the county of Dumfries as the said Governors may from time to time select and determine: (second) sick and infirm persons natives of or resident in the said Town or Parishes as aforesaid: and I declare that the said Governors shall be the sole judges as to the eligibility of the persons to be admitted to the said Infirmary and benefits thereof, or to participate in this endowment.

And I empower the said Governors at their discretion, and if the funds will admit thereof, to give and afford out of the said revenues such assistance as they may think suitable to such sick, infirm or aged persons in reduced circumstances, natives of, or resident in the said Town of Langholm or parishes as aforesaid as they may judge to be proper objects of this endowment, without the necessity of their being admitted to the said Infirmary.

And I authorise and empower the Governors for the time being to make and compose by-laws rules and statutes for the said Infirmary, and endowment, and from time to time to alter and improve the same as to them may seem necessary, they always keeping in view the original intention and object of the said institution and endowment;

And I appoint and authorise the said Governors as Trustees to lend out or invest the capital funds coming under their charge or any part thereof, in the purchase of land or house property, or on real, heritable or leasehold security in Great Britain; or in the purchase of

or in loans

or on such other securities or investments in Great Britain or abroad as to the Trustees for the time in their discretion shall seem proper, with power to vary and change the said loans and investments at pleasure, and to sell and realise by public sale or private bargain; also to compromise or submit all questions relating to the premises, releasing hereby and discharging the said Governors and Trustees from all personal liability incurred or to be incurred by or in consequence of the said investments or transactions connected with the trust.

And I hereby declare that the Trustees shall have Power to assume new Trustees to act along with or after them and all other powers necessary for executing the trust;

And further I declare that persons transacting with the said Trustees or Governors shall have no concern with the purposes hereof or the application of any monies paid by them to the said Trustees or Governors, and that the receipts, discharges or other writings to be granted by the said Trustees or Governors for the time to the Executors under my last Will and Testament, or others whomsoever shall operate a complete discharge and exoneration.

Lastly.

In all other respects, and except so far as the same is modified by the provisions herein contained I hereby ratify and confirm my said last Will and Testament of June 12 1886.

In Witness Whereof, I, the said Thomas Hope, have hereunto set my hand and seal the 24th day of November in the year 1886.

Thomas Hope

The foregoing instrument, consisting of six sheets of paper, was on the day of the day thereof signed, sealed, published and declared by the therein named testator Thomas Hope as and for a codicil to his last Will and Testament in the presence of us and each of us, who thereupon at the request of said testator and in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses thereto the words "and effect can be given to the following provisions" interlined on the second page, fifth line from bottom before execution.

William H. Cox, 300 Livingstone St, Brooklyn

S W Sharp, 36 Prospect Place, Brooklyn

Codicil;

I, Thomas Hope of the City County and State of New York, presently residing in Langholm in the County of Dumfries, Scotland, do make publish and declare this to be a codicil to my last Will and Testament bearing date the 12th day of June 1886, and to be taken as a part thereof, that is to say considering that by a codicil the said last Will and Testament made and executed by me of date the 24th day of November 1886, and by the second purpose thereof I made certain directions and provisions in regard to the founding and endowing of an infirmary or hospital for the care and relief of sick and infirm persons to be established and located at Langholm aforesaid; And whereas, it is my will and desire to make certain alterations and provisions in connection with said institution and endowment, therefore I do hereby revoke and recall the said codicil of date 24th November 1886 in so far as it relates in any way to the founding and endowing of such an institution, and with reference to the 26th clause in my said last Will and Testament whereby the rest, residue and remainder of my property and estate is bequeathed to William A Brewer, junior and Edward B Crowell, the executors therein named, in trust for the founding and endowing of an infirmary as therein specified, I do now hereby provide and declare, that instead of said institution being founded and endowed by my said Trustees in manner therein mentioned, I direct them as soon after my decease as they can conveniently do so to realise all the said rest, residue and remainder of my said property and estate so bequeathed to them, and to pay, assign and make over the whole proceeds thereof when and as realised to and in favour of William Elphinstone Malcolm Esq of Burnfoot, Westerkirk near Langholm aforesaid, whom failing his successor at the time in the property of Burnfoot descended of his body, George Maxwell Esq of Broomholm near Langholm aforesaid, whom failing his successor for the time being in the property of Broomholm descended of his body, and Robert Smellie Esq residing in Langholm aforesaid whom failing the heir male of his body, if any, and failing such successors or heir male to such person or persons as the said William Elphinstone Malcolm, George Maxwell and Robert Smellie or the acceptors or the acceptor survivors or survivor of them or their foresaids may assume to act along with or after them as trustees and in trust to the end that they may apply the same in founding, endowing and maintaining an institution for the care and relief of sick or infirm persons is to be established and located at Langholm (my native place) in Dumfriesshire Scotland in the Kingdom of Great Britain and to be called "The Thomas Hope Hospital", and in manner aftermentioned I do hereby declare that the said William Elphinstone Malcolm, George Maxwell and Robert Smellie and their respective foresaids or the trustees for the time shall be perpetual Governors of the said Hospital with full power to do all and whatever deeds, matters or things may be necessary for carrying out my will in reference thereto, and I appoint and authorise the said Governors and Trustees in Scotland to pay and apply the funds directed to be paid, assigned and made over to them as aforesaid to and for the following purposes, viz:

(First)

For the erection, fitting up and finishing of a building or hospital according to a plan to be approved of by them and containing such accommodation as they shall judge to be sufficient for the purposes hereof and that on a site in the town of Langholm which I have recently acquired and conveyed over to the said William Elphinstone Malcolm, George Maxwell and Robert Smellie and the survivors and survivor of them and to their or his assignees whomsoever to be held by them or him in trust for the purposes hereof, and the said building so to be erected shall be erected and completed within three years from the time when the whole of said residue shall have been paid and conveyed over by the said Trustees and under my last Will and testament to the said Governors and trustees in Scotland, and such building shall be fitted up and furnished in a sufficient and comfortable manner suitable for the purposes for which it is destined and from time to time the said Governors and Trustees, in Scotland, shall make such alterations and additions as they may deem to be advisable.

(Second)

I ordain the said Governors and Trustees in Scotland to apply the rents, interest, dividends and annual profits of the remaining funds and investments thereof in payment of the annual expenditure of and concerning the said hospital, and in carrying out the purposes of these presents. And I do also direct and appoint the said Governors and Trustees in Scotland when and so often as they shall find it necessary to select, nominate and appoint proper persons to be treasurer, agent, surgeon, nurses, servants and others to the said hospital to perform such duties for such periods and with such salaries, wages or emoluments as the said Governors and Trustees shall from time to time think fit to appoint, and with full power to them to dismiss any or all of such persons so appointed at such time and manner as the said Governors and Trustees shall think fit. And I recommend and appoint the preferences of admission to the said hospital to be as follows, viz:

And I authorise and empower the said Governors and Trustees in Scotland for the time being to make and compose by-laws, rules and statutes of the said hospital and endowment and from time to time to alter and improve the same as to them may seem necessary they always keeping in view the original intention and object of said institution and endowment And I appoint and authorise the said Governors and Trustees in Scotland to lend out or invest the capital funds coming under their charge or any part thereof in the purchase of land or house property or on real, heritable or leasehold security in Great Britain, or in the purchase of

or in loans

with power to vary and change the said loans and investment at pleasure and to sell and realise by a public sale or private bargain also to compromise or submit all questions relating to their premises releasing hereby and discharging the said Governors and Trustees from all personal liability incurred or to be incurred by or in consequence of the said investments or transactions connected with the trust And I hereby declare that the said Trustees in Scotland shall have Power to assume new Trustees or perpetual Trustees to act along with or after them and all other powers necessary for executing the Trust. And further I declare the persons transacting with the said Governors and Trustees in Scotland shall have no concern with the purposes hereof or the application of any monies paid by them to said Governors and Trustees in Scotland and that the receipts, discharges or other writings to be granted by the said Governors and Trustees in Scotland for the time to the executors under my last Will and Testament or others whomsoever shall operate a complete discharge and exoneration. Lastly, In all other respects and except so far as the same is modified by the provisions herein contained I hereby ratify and confirm my said last Will and Testament of June 12 1886 and my said codicil of November 24 1886 and I consent to the registration hereof for preservation.

In witness whereof I the said Thomas Hope have hereunto set my hand and seal at Langholm aforesaid the 24th day of October in the year 1888

Thomas Hope

The foregoing instrument consisting of four pages of paper was on the day of the date thereof signed, sealed, published and declared by the therein named testator Thomas Hope as and for a codicil to his last Will and Testament in the presence of us and of each of us who thereupon at the request of said Testator and in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses thereto.

R McGeorge, Solicitor, Langholm, Scotland, Witness

Jas Morrison, Law Clerk, Langholm, Scotland, Witness