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Will of Rosa Eliza Tessier Bennett
THIS IS THE LAST WILL AND TESTAMENT of me ROSA ELIZA TESSIER BENNETT of Tudoe House Camberley in the county of Surrey I hereby revoke all former wills codicils and testamentary instruments made by me and declare this to be my last will I appoint my nephew Robert Enlers now or late of Mount Dorset Hurle Crescent Clifton and Katherine Scott of Tudor House aforesaid (hereinafter called my trustees) EXECUTOR AND EXECUTRIX and Trustees of this my will and I declare that the expressions “my trustees” shall include the said Robert Enlers and Katerine Scott and the survivor of them or other the trustees or trustee for the time being of this my will
I bequeath to Doctor Horace lake Lowis of “Underhill” Camberley aforesaid the sum of fifty pounds free of duty
I devise and bequeath all my real estate and all my personal estate and effects situate and being in the Colony of Newfoundland unto and to the use of my trustees their heirs executors and administrators respectively according to the nature thereof Upon trust that my trustees shall out of the rents profits and royalties received therefrom pay all my testamentary and funeral expenses and all duties (including all legacy duties and estate duty) payable in respect of my estate at my death And I declare that the said payments shall be made exclusively out of the said monies as far as the same shall extend and shall after making such provision as aforesaid sell call in collect and convert into money the property so devised and bequeathed to them And I direct my trustees to hold the said moneys (hereinafter called “the Trust Fund”) and invest the same in stocks funds or securities authorised by law for trust funds and to pay one moiety of the income derived therefrom to the said Robert Enlers during his lifetime and to pay the remaining moiety of the said income to my niece Ida Lingford during her lifetime for her separate use without power of anticipation And from and after the death of the said Robert Enlers my trustees shall hold one moiety of the said trust fund (hereinafter called “the Enlers moiety”) Upon trust absolutely for the child or children of the said Robert Enlers and if more than one child in equal shares And from and after the death of the said Ida Lingford my trustees shall hold one moiety of the said trust fund (hereinafter called “the Lingford moiety”) Upon trust absolutely for the child or children of the said Ida Lingford and if more than one child in equal shares but no child of the said Robert Enlers or of the said Ida Lingford shall obtain a vested interest in the said respective moieties until being a male he shall attain the age of twenty one years or being a female she attains that age or marries But if the said Robert Enlers shall die without having had a child or children or if no child or children of the said Robert Enlers shall obtain a vested interest in the said Enlers moiety the said Enlers moiety shall be held upon trust for the person or persons entitled to the Lingford moiety and upon the trusts relating thereto
And I declare that my trustees may at discretion apply all or any part of the income of the share to which any minor shall be entitled in expectancy and would if of full age be entitled in possession under the trusts hereinbefore contained for his or her maintenance education or benefit in such manner as may be thought fit and shall invest the surplus income if any thereof in any investments hereby authorised in augmentation of the capital of such share And I declare that my trustees may postpone the sale and conversion of the said real and personal estate in Newfoundland or any part thereof and the rents profits royalties and income to accrue after my death (after the duties before mentioned have been paid and satisfied) from such part of the said estate as shall for the time being remain unsold and unconverted shall after payment thereout of all such expenses and outgoings as my trustees consider ought to be paid out of income be paid and applied to the persons and in the manner to whom and in which the income of the moneys produced by such sale and conversion would for the time being be payable or applicable under my will if such sale and conversion had actually been made and I declare my trustees shall have full powers to let or demise or join with others in letting or demising any real or leasehold property for the time being remaining unsold for any term or terms of years at such rent or royalty and upon such terms and conditions as they shall think fit and to expend money in improvements and generally to manage the property in such manner as they shall think fit and also to borrow money for any purpose which may seem desirable and to join with others in carrying into effect any arrangements whatsoever or dealing of any nature whatsoever affecting the trust property
And I declare that in the execution of the trusts and powers hereof the trustees or trustee shall not be liable or responsible for loss to the Trust Fund occurring through any bona fide mistake or omission of the trustees or trustee or through any other matter or thing except wilful and individual fraud or wrong doing on the part of trustee who is sought to be made liable or responsible
I devise and bequeath all the residue of my real estate of every tenure and wheresoever situate and all the residue of my personal estate unto and to the use of the said Katherine Scott her heirs executors administrators and assigns respectively for her and their absolute benefit and I declare that the disposition herein contained as to my residuary estate shall include or shall be deemed to include all property over which I have any power of appointment and to be in exercise of such power whether special or general conferred on me by any will deed or other trust instrument
I declare that my trustees shall not be bound in any case to
act personally but shall be at full liberty to employ a Solicitor or
any other Agent to transact all or any business of whatsoever nature
required to be done in the premises (including the receipt and payment
of money but not including the exercise of any discretion) and shall
be entitled to be allowed and be paid all charges and expenses so incurred
and shall not be answerable for the default of such Solicitor or Agent
or any loss occasioned by his employment
(Listed in the margin next to this will the following)
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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