Will of Richard Sherrington
What does haste make?
Solicitor Richard Sherrington signed each page of his will without correcting - perhaps not even noticing - numerous errors. Although the will appoints his wife to execute it, the will uses the male 'executor' instead of female 'executrix.' Later, however, the 'testator is referred to as the 'testatrix,' and the executrix is referred to as 'he.' Plural trustees are referred to in the singular, and at the very end, 'here' is also erroneous.
A more substantive error is the inclusion of a clause referring to minor (under-age) beneficiaries; Sherrington's second wife Yvonne was the sole beneficiary, and obviously not a minor.
The will was drafted by the testator's step-daughter, a plant ecologist and finalised and signed under rushed circumstances.
This will was declared invalid by the High Court but reinstated by the Court of Appeals. See the Sherrington entry under Famous Cases.
The will
THIS IS THE LAST WILL AND TESTAMENT of me RICHARD MICHAEL SHERRINGTON of PENTHOUSE 19, BICKENHALL MANSIONS, BICKENHALL STREET, LONDON W1U 6BP AND I HEREBY REVOKE all former Wills and testamentary dispositions made by me
1. I APPOINT my WIFE YVONNE ROSE SHERRINGTON to be the Executor and Trustee of this my Will PROVIDED THAT if he shall be unable or unwilling to act in either such capacity or if he shall predecease me I APPOINT my daughters DALIAH SHERRINGTON and DONNA KARINA SHERRINGTON to be the Executor and Trustee of this my Will
2. SUBJECT to the payment of my just debts funeral and testamentary and other expenses and any capital duties payable on or arising from my death I GIVE DEVISE AND BEQUEATH all my estate both real and personal whatsoever and wheresoever situate not otherwise disposed of UNTO YVONNE ROSE SHERRINGTON
3. SHOULD my said wife fail to survive me by seven days or (if having so survived me) she shall disclaim any part or parts thereof (for which purpose my estate shall be deemed divisible into as many parts as shall be required to give effect to this provision) then I GIVE my said net estate or such disclaimed parts as the case may be unto my said daughters and my son RAMON SHERRINGTON
4. MY TRUSTEES shall have the following powers:-
(a) My Trustees shall have the same full and unrestricted power of investing in all respects as if they were absolutely entitled thereto beneficially and subject to no restriction with regard to advice or otherwise in relation to investment and without prejudice to the generality thereof they shall have power to buy sell or retain any freehold or leasehold property whether as an investment or a residence for any beneficiary
(b) In addition to all other powers conferred by law my Trustees shall have power at any time and from time to time to raise capital and pay or apply the same to or for the benefit of any minor beneficiary hereunder whether or not they shall in so doing exhaust the Trust Fund
(c) My Trustees may insure to the full replacement value thereof against loss or damage by fire or any other usual risk any property comprised in my estate for the time being or in any Trust fund created hereby paying the premiums out of the income or capital of my residuary estate and any money received by my Trustees under any such policy shall be treated as though it were proceeds of sale of the property insured
5. UPON my death it is my wish that my body be BURIED TOGETHER WITH MY WIFE.
IN WITNESS whereof I the said Testatrix [sic] have hereunto set my hand this 7th day of September Two Thousand and One
SIGNED by the Testatrix in our presence and then by us in hers
