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A Collection of Newfoundland Wills
(A)
Helen Arbuthnot

 

Will of Helen Arbuthnot from Newfoundland will books volume 14 pages 570-574 probate year 1929

In re     DECEASED.
HELEN ARBUTHNOT.

I Helen Arbuthnot of 79 Ashley Gardens London spinster hereby revoke all other wills and testamentary documents heretofore made by me and declare this to be my last will which I make this thirteenth day of April one thousand nine hundred and twenty eight.

  1. I appoint Coutts & Company (hereinafter called the Bank) whose registered office is at 440 Strand London and Edward Luxmoore-Marshall of 1 Princes Court First Avenue Neve Sussex Esquire to be EXECUTORS AND TRUSTEES of this my will and they and after the death of the said Edward Luxmoore- Marshall the Bank are hereinafter referred to as my trustees.
  2. I declare that the bank shall be executor and trustee hereof subject to the conditions on which the Bank accepts the office of executor and trustee under wills published by the Bank at the date of this my will or such other conditions as may be arranged between the Bank and me And I declare that the Bank may act by its proper officer or officers and also that the Bank or its Officer of Officers need not act personally but may employ and pay a solicitor Broker or other Agent to transact all or any business required to be done with regard to my estate including the receipt and payment of money and shall be entitled to be paid all charges and expenses thereby incurred and the Bank may retain as Bankers on current account or deposit account or for safe custody all moneys securities and property forming part of or hold in connection with my estate and may made advances to or for the benefit of my estate upon such terms as to payment of interest and otherwise as the Bank makes with its other customers and this without being liable to account for any profits so made and the Bank shall be entitled in addition to remuneration for its services as Executor and Trustee in accordance with the scale of fees published by the Bank at the date of this my will or such other scale of fees (if any) as may be arranged in writing between the bank and me
  3. I declare that the Bank shall have exclusive custody of all moneys funds properties and securities certificates and documents of title to property relating to my estate but the said Edward Luxmoore-Marshall shall be at liberty at reasonable times to examine the said securities certificates and documents of title to property and all accounts reports and documents relating thereto And I declare that the name of the Bank shall be placed first on the Register of Proprietors of all registered stocks shares and securities and the Bank shall be exclusively entitled to receive all dividends and interest thereon and to exercise all voting and other rights in respect thereof and in the case of any differences of opinion between the Bank and the said Edward Luxmoore-Marshall the opinion of the Bank shall prevail.
  4. I give to the said Edward Luxmoore Marshall the sum of Six hundred pounds if he shall prove my will.
  5. I give to the Bank (who were my fathers bankers and are my bankers) eight hundred pounds Upon Trust to apportion and distribute this sum as they may in their uncontrolled discretion think fit among such past and present members of the staff of the Bank who have been or are those persons who have dealt with me and my business at the Bank and I make this bequest by way of recognition of their invaluable kindness courtesy and attention to me.
  6. I give to my trustees all my personal chattels as defined by section 55 (1) (x) of the Administration of Estates Act 1925 and I declare that it is my wish (but without creating any binding trust or legal obligation) that my cousin Constance Luxmoore-Marshall the wife of the said Edward Luxmoore Marshall shall distribute the gifts mentioned in a Memorandum signed by me and left with my papers in my writing table drawer in an envelope addressed to her which said envelope is to be given to her by my trustees immediately after my decease but such memorandum shall not be deemed to form part of my will or to have any testamentary character And I desire that the remainder of my said personal chattels shall be sold by my trustees and the proceeds of sale fall into the residue of my estate.
  7. I give the following charitable legacies that is to say
    • To the Westminister Hospital the sum of five hundred pounds
    • To Kings Edwards Hospital Fund for London the sum of five hundred pounds
    • To the Boy Scouts Association the sum of five hundred pounds
    • To the Girls Guides Association the sum of five hundred pounds
    • To the Church Army the sum of five hundred pounds
    • To the Missions to Seamen the sum of five hundred pounds
    • to the Rehearsal Club (Treasurer Mrs Mayne 101 Queens Gate S.W.) The sum of three hundred pounds
    • To the Working Ladies Guild of 251 Brampton Road S. W. The sum of three hundred pounds
    • To the Community of the Resurrection Mirfield the sum of five thousand pounds
    • To the Universities Mission to Central Africa the sum of three hundred pounds
    • To the Oxford Mission to Calcutta the sum of three hundred pounds
    • To the Royal Hospital for Consumption and Diseases of the Chest Ventner Isle of Wright the sum of three hundred pounds
    • To the Grosvenor Chapel General Fund (the Reverend Francis Underhill 24 South Andley Street) the sum of five hundred pounds
    • To the Vicar of St. Peters Ralon Square for parochial purposes the sum of five hundred pounds
    • To the Poor of Westminister to be distributed in such manner as my trustees think fit the sum of five hundred pounds And I declare that the receipt of the Treasurer or other proper officer for the time being of the same respective societies and institutions shall be a sufficient discharge for the same respective legacies.
  8. I give the following pecuniary legacies
    • To Mildred Spottiswood the widow of my nephew Cyril Andrew Spottiswood the sum of two thousand pounds
    • To Betty Strahan Crutchley the daughter of my late nephew Hugh Spottiswood the sum of five hundred pounds
    • To Ronald Andrew Spottiswood the son of the said Hugh Spottiswood the sum of one thousand pounds
    • To my cousin Edith Sara Taylor widow of Henry Scott Noble Taylor the sum of two thousand pounds
    • To my Cousin Evelyn Preen daughter of the late Admiral Charles Aburthnot the sum of one hundred pounds
    • To Lady Arbuthnotthe wife of Sir George of 87 Onslow Square the sum of two hundred pounds
    • To my cousin William Fitzgerald Arbuthnot son of the late Sir William Wedderburn Arbuthnot, the sum of two thousand pounds
    • To my cousin Captain Lenox Conyagham Arbuthnot son of the late George Arbuthnot of Elderslie Oakley Surrey the sum of two thousand pounds
    • To Helen Inglis and Alice Inglis the sum of two thousand pounds each
    • To Gertrude Inglis Georgina and Kathleen Inglis the daughters of my late Uncle Colonel Hugh Inglis the sum of five hundred pounds each
    • To Major Neville Taylor of the Sikh Regiment Indian army the sum of three thousand pounds
    • To my retired old servant Susan Wallis of the Rising Sun Pond Tail Road Hersham the sum of two hundred pounds
    • To Eva Girling who is at present my maid in recognition of her devoted service to my for many years the sum of three thousand pounds
    • To James Girling the husband of the said Eva Girling the sum of one thousand pounds
    • To Miss Betley of 242 Portland Road South Horwood S E who has been my temporary Ladys maid the sum of two hundred pounds
    • To my friend the Lord Harris formerly a Governor of Bombay the sum of two thousand pounds
    • To Peregrine Charles Francis formerly of 62 London Wall Solicitor the sum of three hundred pounds
    • To Mrs Reade of 91 Grosvenor Road S. W. The sum of two hundred pounds
    • To Miss Dorothea Reade the daughter of the said Mrs Reade the sum of one thousand pounds
    • To Nurse Gower of the Belgrave Nurses Co-operative Home at 50 Waymouth Street W 1 the sum of fifty pounds
    • To Maud Edwards (formerly Maid to Lady Pelly) care of the Honourable Mrs Parish Sloane Court the sum of two hundred pounds
    • To the Right Reverend Charles ??? late Bishop of Oxford the sum of five hundred pounds
    • To my late brothers greatest friend Adolphus ??? the sum of three hundred pounds
    • To Dr Walter Jagger of 77 Upper Berkeley Street W the sum of one hundred pounds
    • To Evelyn Rich Esquire care of Dr. Walter Jagger the sum of one hundred pounds
    • To my cousin Violet Taylor the sum of three hundred pounds
    • To my housemaid Ethel Webb if she shall be in my service at the time of my death and not under notice to leave whether given or received the sum of one hundred pounds
    • To Miller the porter at No 79Ashley Gardens aforesaid the sum of fifty pounds.
  9. I give to the Rector and Churchwardens for the time being of St. Mary's Parish Church Boxley five hundred pounds And I desire that the said sum of five hundred pounds shall be invested by them and the income thereof expended in keeping our Family Grave (in which I desire to be buried) at Boxley Cemetery in good order and condition And I declare that the receipt of the Rector for the time being of the said Parish Church shall be a sufficient discharge to my trustees for the said sum of five hundred pounds and they shall not be concerned to enquire into the expenditure of the same.
  10. I declare that all the legacies and bequests given hereby are to be free of duty.
  11. Subject to the payment of my funeral and testamentary expenses debts legacies and the duty on all legacies given free of duty I devise and bequeath all the residue of my estate whatsoever and wheresoever both real and personal and including any property over which I have a general power of appointment by will unto my said cousin Constance Luxmoore Marshall absolutely.

IN WITNESS WHEREOF I have to this my will contained in this and the four preceding sheets of paper set my hand the day and year first above written. HELEN ARBUTHNOT - Signed by the testatrix in our presence and attested by us in the presence of her and of each other. CHRISTINE MENZIES 93 St. Georges Road S W 1 Trained Nurse -
F L SARGEAUNT 66 Lincolns Inn Fields London Solicitor I Helen Arbuthnot of 79 Ashley Gardens London Spinster declare this to be a CODICIL which I make this     day of     one thousand nine hundred and twenty eight to my will which bears date the thirteenth day of April one thousand nine hundred and twenty eight -

  1. I give to my cousin Constance Luxmoore-Marshall the sum of five thousand pounds.
  2. I give the following further pecuniary legacies namely
    • To my cousin Edith Scott Taylor the sum of two thousand pounds
    • To my cousin Evelyn Preen the sum of nine hundred pounds
    • To my cousin Captain Lenon Cunynghan Arbuthnot the sum of one thousand pounds
    • To Helen Inglis and Allan Inglis the sum of one thousand pounds each
    • To Gertrude Inglis Georgina Inglis and Kathleen Inglis the sum of five hundred pounds each
    • To my maid Eva Girling the sum of three thousand pounds and I declare that the pecuniary legacies above given are in addition to the pecuniary legacies given by my will to the respective legatees.
  3. All the legacies given by this codicil are to be free of duty.
  4. In all other respects I confirm my said will

IN WITNESS WHEREOF I have hereunto set my hand the day and year first above written. June twenty two nineteen hundred and twenty eight - HELEN ARBUTHNOT:
Signed by the testatrix in our presence and attested by us in the presence of her and of each other. GERTRUDE SCUDAMORE (widow) 23 Grantville Park Blackheath S E Nursing Sister & CLARA MAY ARNOLD (widow) 3 St. Pauls View Broadlands Newport Isle of Wight Parlourmaid-

CORRECT
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the margin next to this will the following)
Fiat
Sept. 7/29.
J. M. Kent
Judge
Resealed on
the 9th day
of September
A.D. 1929.
Value of Estate
$2328.83

 

 

Page Contributed by Judy Benson, Ivy F. Benoit & Don Tate

Page Revised by Ivy F. Benoit (Thursday July 05, 2012)

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