Will of Percy John Bellamy from Newfoundland will books volume 14 pages 198-201 probate year 1928

In re
      PERCY JOHN BELLAMY.       DECEASED.

      This is the last Will and Testament of me Percy John Bellamy of Cauleston in the Parish of Withycombe Raleigh (near Exmouth) in the County of Devon, a Major in His Majestys Border Regiment.

1. I revoke all wills heretofore made by me.
2. I appoint my Brother-in-law Darcy Hunter Little and Henry Lane Hitson of Beaminster Dorset (who are hereinafter called my "Trustees") to be the Executors of this my will and Trustees thereof for (amongst other purposes) the purposes of Section 42 of the Conveyancing and Law of Property Act 1881 and of the Settled Land Acts 1882 to 1890. And I declare that the expression "my Trustees" shall (where the context admits) include the survivor of them or other the Trustees or Trustee for the time being of this my will and that a sole Trustee for the time being of this my will shall be competent to act for all the purposes aforesaid including the receipt of capital money and of notices.
3. I give to each of them the said Darcy Hunter Little and Henry Lane Kitson the sum of twenty five pounds (free of duty) provided he shall prove my Will and accept the Trusteeship thereof.
4.       I appoint my dear wife Emmeline Hunter Bellamy and after her decease my Aunt Emily Goodridge and after her the decease of the survivor of them my late wife's Aunt Beatrice Leach to be the Guardian of my Daughter Winnifred Fanny Bellamy during her infancy. And I appoint my brother-in-law John Hunter Little to be the Guardian after the death of my present wife of my other Infant children.
5.       I give and devise my house and premises in the parish of Withycombe Raleigh aforesaid known as "Cauleston" with the land thereto adjoining and belonging. And also my freehold reversion or other estate and interest in the house and premises situate at Paignton Devon and known as "Elbury Lodge" To the use of my Aunt Emily Goodridge during her life without impeachment of waste. And after her decease to the use of my wife Emmeline Hunter Bellamy during her life without impeachment of waste, and after the decease of the survivor of them to the use of my son Hugh Norman Bellamy his heirs and assigns. But in case the said Hugh Norman Bellamy shall die in my lifetime without leaving issue who shall be living at my decease or if shall survive me and afterwards die under the age of twenty one years without leaving issue living at his decease then I devise the same premises to the use of such of my two daughters Winnifred Fanny Bellamy and Mary Doreen Emmeline Lumley Bellamy as shall attain the age of twenty one years or be previously married and if more than one as tenants in common in equal shares.
6.       I give to my said son Hugh Norman Bellamy my gold watch and chain war medals and dressing case and direct that should I die during his minority the articles so given to him shall be delivered to his guardian for the time being to be dealt with as such guardian shall think fit.
7.       I give to my said Daughter Winnifred if and when she shall attain the age of twenty one years or shall be previously married with the consent of her guardian for the time being the plate chest which belonged to her grandfather Thomas H. Leach and such of my plate and plated goods and other usual contents of the said chest as also belonged to him (which said plate with the exception of the tea service is marked with the Leach crest) also the silver mug and such of my jewellry paintings pictures and books as belonged to her mother and the Queen Anne tea service coffee pot tray and clock which were presented to her mother and myself on our marriage.
8.       I give and confirm to my wife (subject only to the provisions in favor of my Daughter Winnifred hereinbefore contained) all the jewels trinkets and personal ornaments worn or used by her in my lifetime. And I also give to her all my horses carriages harness stable appliances wines liquors and other consumable stores.
9.       Subject to the gifts and provisions hereinbefore contained I give to my Trustees all my plate pictures books linen china glass household furniture and other indoor and outdoor effects (not being money and securities for money) which shall be in and about my house and premises called Cauleston at the time of my decease. In trust to permit my Aunt Emily Goodridge to enjoy the same during her life and after her decease In trust to permit my wife to enjoy the same during her life and after the decease of the survivor of them In Trust for such of my children as shall be or become entitled to my said house called Cauleston under the devise thereof hereinbefore contained and on the like condition and in the like manner as hereinbefore expressed with regard to that house. And my Trustees shall not be bound to make any inventory of the said chattels nor to see to the preservation thereof nor shall they be answerable for any loss or injury which may happen thereto during the lives of my said aunt and wife respectively. And I empower my Trustees at any time or times during the life of my wife with her consent in writing and after her death and during the minority of any child presumptively entitled to the said chattels at the sole discretion of my Trustees to sell all or any of the said chattels and the moneys which shall arise from the sale thereof shall be held by my Trustees and be treated as capital money arising under the Settled Land Acts 1882 to 1900 as if the same had arisen from a sale of Cauleston aforesaid under those acts or may be paid to my said wife or may be invested in the purchase of other chattels of the same or any other nature which when purchased shall be held on the same trusts and shall devolve in the same manner as the chattels sold provided always that no more than twenty pounds shall in any one year from my death be paid to my said wife out of the moneys arising from the sale of the said chattels.
10.       I give to each of my said daughters Winnifred and Mary Doreen if and when she shall attain the age of twenty five years or be previously married with the consent of her Guardian for the time being the sum of one thousand pounds.
11.       I give to my said son Hugh Norman if and when he shall attain the age of twenty five years the sum of two thousand pounds.
12.       During the suspense of vesting of any pecuniary legacy hereby contingently bequeathed my Trustees shall set aside and invest the money so bequeathed and during the minority of the legatee my Trustees may apply the whole or any part of the income of his or her expectant legacy for or towards his or her maintenance and education with liberty to pay the same to the Guardian or Guardians of such minor for the purpose aforesaid without being liable to see to the applications thereof And shall accumulate the residue (if any) of the said income by investing the same and the resulting income thereof to the intent that such accumulations shall be added to the legacy and follow the destination thereof and every contingent legatee who has attained the age of twenty one years shall be entitled to receive the whole income of his or her expectant legacy until it shall become vested or he or she shall previously die.       And if any Daughter of mine shall marry while an infant with the consent of her guardian her legacy may be paid to her and her receipt shall be a sufficient discharge for the same also my Trustees may with the consent in writing of my wife during her life and after her death at their discretion raise any part or parts not exceeding together one half of the expectant or presumptive legacy of any child of mine and apply the same for his or her benefit as my Trustees shall think fit.
13.       All my property estate and effects not hereby otherwise disposed of I give devise and bequeath unto my said wife Emmeline Hunter Bellamy absolutely.
14.       The said Henry Lane Kitson and any other Executor or Trustee of this my will being a Solicitor shall be entitled to charge and be paid out of my estate all professional and other charges for any business or act done by him or his firm in connection with the Executorship or Trust for doing which a Solicitor would usually be employed and also for for business so done (including any act which an Executor or Trustee not being a Solicitor could have done personally) for doing which he and his Co-Trustee may think that he ought in fairness to be remunerated in addition to the legacy hereby bequeathed to him.
15.       The power of appointing new Trustees conferred by Statute shall for the purpose of this my will be vested in my wife during her life and the personal representatives or representative for the time being of a last surviving or continuing Trustee May act as the Trustees or Trustee of my will until the appointment of a new Trustee or new Trustees.       In witness whereof I have hereunto set my hand this twenty fourth day of September one thousand nine hundred and eight.

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

(Listed in the margin next to this will the following)
Fiat
Feb. 1^st/28
J M. Kent J.
Re-Sealed
2^nd day of
Feb. A.D. 1928
Estate Sworn at
$1145.00