Will of John Maxwell Poole Baird from Newfoundland will books volume 14 pages 353-355 probate year 1928

In re     DECEASED.
    JOHN MAXWELL POOLE BAIRD.

THIS IS THE LAST WILL AND TESTAMENT of me JOHN MAXWELL POOLE BAIRD of 30 Albert Court Kensington in the County of London Esquire I hereby revoke all former wills and codicils made by me I appoint the London City and Midland Executor and Trustee Company Limited (Hereinafter called "the company") to be the executor and Trustee of this my will And I declare that the Company may in either such capacity act by its proper officer or officers who may employ and pay a solicitor broker or any other agent to transact all or any business required to be done (including the receipt and payment of money) and the company shall also be entitled to remuneration (free from duties) in accordance with the scale of fees being in force at the date of this my will or such other scale (if any) as may be arranged by written agreement between the company and me And I further declare if at the time of my death the business of the company shall have been transferred to or incorporated with that of any other company this my will shall be read and construed as if the name of such other company were substituted for that of the company throughout I give all my household furniture plate plated articles linen china books pictures jewellery clothing and other articles of household domestic or personal use or ornament to my wife Margaret absolutely I bequeath to my said wife the sum of five hundred pounds to be paid to her as soon as conveniently may be after my death I devise to my said wife absolutely all real estate either in the United Kingdom or elsewhere belonging to me either in possession or reversion

I bequeath the following annuities free of all duties to commence from the date of my death
(a) to my said wife an annuity of six hundred pounds during her life to be paid free from all deductions whatsoever by equal quarterly payments the first whereof shall be made three calendar months after my death
(b) to Sybil Oldrini my mothers late companion an annuity of sixty pounds during her life free of all deductions whatsoever by equal quarterly payments the first whereof shall be made three calendar months after my death
And I direct my Trustee to appropriate out of my personal estate in their names investments of any nature hereinafter authorized of an amount sufficient at the date of such appropriation to answer the said annuities out of the income thereof and I declare that such income shall be the primary fund for answering the said annuities and the capital of the said investments shall form the secondary fund for answering the same in the event of the income proving insufficient and further that after such appropriation shall have been made my residuary estate or the income thereof shall no longer be liable to provide for such annuities or either of them but may be appropriated and distributed forthwith among the persons entitled thereto
And I further direct that in the event of my dying without children the said capital fund set aside to meet the annuity of my said wife shall be held in trust for such persons or person as my said wife shall by will appoint and in default of appointment then such capital sum shall fall into and form part of my residuary trust fund

I devise all my real estate (except as hereinbefore disposed of) and bequeath all the residue of my personal estate unto my Trustees upon trust to sell call in and convert into money all such parts of my real and personal estate as shall not consist of investments of the nature hereinafter authorised Subject to the payment of my debts funeral and testamentary expenses legacies and annuities and any duties payable on any legacy or annuity bequeathed free of duty I direct that my Trustees shall invest in manner hereinafter authorised the proceeds of the said sale calling in and conversion and stand possessed of such investments and of such parts of my estate as shall at my death consist of such investments as aforesaid (hereinafter called "my residuary trust fund") upon the following trusts
(a) Upon trust as to both capital and income for all and every my children or my child (if only one) who being sons or a son have attained or shall attain the age of twenty one years or being daughters or a daughter have attained or shall attain that age or previously marry and if more than one in equal shares as tenants in common
(b) Provided nevertheless that in case any child of mine has died or shall die in my lifetime leaving issue at my death such issue shall stand in the place of such deceased child and take per stirpes and equally between them if more than one the share of my residuary trust fund which such deceased child would have taken if he or she had survive me -
( c) Provided further that the share of my residuary trust fund of every daughter of mine who shall survive me shall be retained and invested by my trustees and held upon the following trusts namely
(1) The income thereof shall be paid to such daughter during her life and during coverture for her separate use without power of anticipation
(II) From and after her decease such share of the income thereof shall be held upon trust for such one or more of her issue immediate or remote born F. A. G. before the expiration of twenty one years after her decease as she may by deed with or without power of revocation and now appointment or by will or codicil appoint
III) In default of any such appointment and so far as any such appointment may not extend such share shall be held upon trust for all the children or any the child of such daughter who being male shall attain the age of twenty one years or being female shall attain that age or previously marry and if more than one equally as tenants in common
(IV) In the event of a total failure of the foregoing trusts then I direct that residuary estate shall be divided equally between the following institutions
(a) Malvern College for the purpose of being applied at the discretion of the Governing body of the college for the benefit of the college itself
(b) the Childrens Hospital Great Ormonde Street and I declare that the receipts of the respective treasurers or other competent authorities of the said institutions shall be sufficient discharge to my Trustees

And I further declare that my trustees may postpone the sale calling in and conversion of any part of my real and personal estate for such period as they may in their absolute discretion deem fit notwithstanding that it may be of a wasting speculative or reversionary nature and that pending such sale calling in and conversion the whole of the income of property actually producing income shall be applied as from my death as income and on the other hand on such sale calling in and conversion or on the falling in of any reversionary property no part of the proceeds of such sale calling in and conversion or of such property shall be paid or applied as past income I direct that any moneys liable to be invested by my trustees may be invested in their names in any of the investments for the time being allowed by law for the investment of trust funds

And lastly I declare that my trustees shall have power to raise any part or parts not exceeding one moiety of the contingent or vested share of capital of any person under this my will and apply the same for his or her benefit or advantage but during the existence or contingency of any prior life interest or interests only with the consent in writing of the person or persons entitled to such interest or interests
In witness whereof I have hereunto set my hand this eleventh day of May one thousand nine hundred and twenty five     J.M.P. BAIRD - Signed by the above named John Maxwell Poole Baird as his last will in the joint presence of himself and us who at this request and in such join presence have hereunto subscribed our names as witnesses.
W. W. Coleman - 59/60 Gracechurch Street London E.C. 3 Solicitor
R. Power Clerk to Burmie & Coleman Solrs 59/60 Gracechurch Street EC 3

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

(Listed in the margin next to this will the following)
Fiat
W. J. Higgins
J.
29/8/28.
Re-sealed
on the 8^th
day of November
A.D. 1928
Value of Estate
$118.64