Thursday 17 November 2011

Military bands to return after bomber's £2m last request

The former elite bomber pilot, who flew a De Havilland Mosquito for a Pathfinder squadron, loved to hear performances at the Victorian bandstand in Mesnes Park, Wigan as a boy.

But his home-made will left such vague instructions that it took a lengthy High Court debate to clarify his exact wishes after he died childless aged 91 three years ago.

Yesterday, a High Court judge finally gave a ruling that met the dying wishes of the popular veteran and finalised an agreement between Mr Higham's family and the Wigan Leisure and Culture Trust.

It means the Trust will now use the interest from the £2 million gift to fund at least two performances by military bands each year.

Before his death, Mr Higham, who was known as Billy, signed the will dividing his £7 million fortune between relatives and the Trust.

The handsigned will read: "I leave to Wigan Leisure and Culture Trust the sum of Two Million Pounds less the amount already donated over the last few years [ ...] to be invested and the income of which is to be used for the playing of Military bands (Royal Air Force, Royal Marines, Army etc) in Mesnes Park Wigan.

"My trustees to ensure that my wishes in this matter are followed, and that they are fulfilled. Failure by the Wigan Leisure and Culture Trust to guarantee the provision of military bands in Mesnes Park Wigan would mean the return of these funds into my estate."

But the will was never formally completed by a solicitor and remained in its original handwritten form.

His nephew, John Higham, said his uncle's family home had been next to the park where he would hear the bands play every Sunday.

"He said it was traditional for them to have military bands in Wigan," Mr Higham told The Daily Telegraph.

"It was stopped for budgetary reasons but he always said there was no reason for there not to be military bands in Wigan park.

"He used to say, 'I'm going to leave some money for bands' but he said to me, 'it's got to be for military bands and/or brass bands.'"

Mr Higham flew Sunderland and Lancaster bombers for the RAF at the beginning of the war and later became a Mosquito pilot, joining the daring raids in Germany.

Mosquito planes, known as Mossies, were light aircrafts that were flown at low altitudes to attack specific targets in order to guide nightly raids.

They required great skill from the pilot to fly so low at very high speeds to drop flares and light up targets for larger bombers.

After leaving the air force, Mr Higham took over the family floristry business, which is still going strong today.

The veteran retired to Cornwall, where he died in 2008 with an estate that included paintings by his friend and artist James Lawrence Isherwood.

"He's done well for himself and at the end of his life, he wanted to return a bit for Wigan," his nephew added.

"There were six brothers altogether and they all served in the war. Billy said he didn't want it in memory of him, he wanted it in memory of the Higham brothers of Wigan.

"I hope we can arrange for a Lancaster bomber to come flying over, in memory of Billy."

Stuart Murray, chief executive of Wigan Leisure and Culture Trust, which manages the park on behalf of Wigan Council, said: "We're delighted with this generous bequest.

"April 2012 will mark the end of Phase One of a multi-million pound restoration scheme and the newly refurbished bandstand will serve as a perfect location for Military Bands performing in-line with Mr Higham's wishes.

"His legacy will ensure that many thousands of people will be able to enjoy live music in this wonderful park."

Rules of the Trust:

1. Wigan shall put on military bands at Mesnes Park on not less than two occasions each year unless due to circumstances of force majeure.

1.1 The exact number will be at the discretion of Wigan Leisure and Culture Trust.

1.2 Each event shall be open to the general public.

1.3 Each event shall be free

1.4 Marketing shall include a statement that the event is provided through the kind generosity and benevolence of William Higham deceased.

1.5 Wigan shall be entitled to put on military bands notwithstanding that they are not derived solely or exclusively from UK forces.

1.6 Wigan shall be entitled to put on military bands in pursuance of the purposes of the gift notwithstanding that part of the military band playing takes place outside the geographical limits of Mesnes Park.

2. Wigan shall file a report with the Executors by April 31 each year.

3. If the gift to Wigan falls to below £1 million, then the obligation on Wigan shall be to put on no less than one military band each year.

http://www.telegraph.co.uk/news/uknews/defence/8894620/Military-bands-to-return-after-bombers-2m-last-request.html

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What's the odds that the CORRUPT WMBC use this money to fund even more diversity and lgbt officers instead of following the instructions to the letter.

You only have to look at how many buildings, wills etc left to the PEOPLE of Wigan have been ignored and abused, I'm sure most people of us in Wigan can think of something that was left to the people of the town only to be ignored.

Carnegie Library in Pemberton for one.

yaz