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A Collection of Newfoundland Wills
(B)
Arthur Regent Braine
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Will of Arthur Regent Braine from Newfoundland will books volume 14 pages
310-312 probate year 1928
In re DECEASED.
ARTHUR REGENT BRAINE.
THIS IS THE LAST WILL AND TESTAMENT of me ARTHUR REGENT BRAINE of "The Azores"
Hutton in the county of Essex Ship Broker.
- I revoke all wills and testamentary dispositions heretofore made by me.
- I appoint Barclays Bank Limited my wife Jean Percy Braine and my son Henry
Edward Braine (hereinafter called "my trustees") to be the Executors
and Trustees of this my will.
- I appoint my wife Guardian of my infant children but after her death I
appoint my said son to be their guardian.
- I give to my wife free of duty the sum of fifty pounds to be paid to
her as soon as possible after my death and I give free of duty to my said
son Henry Edward Braine for his own use my chiming grandfather clock which
now stands in the Hall of my house and to my son Arthur Nimme Braine my gold
watch and chain.
- I bequeath to my wife free of duty all my other personal chattels as
defined by section 55 (1) (x) of the Administration of Estates act 1925.
- I devise my freehold premises known as "The Azores" to my Trustees
upon trust to sell the same if when and in such manner as they shall think
fit (but during my wifes lifetime only with her consent in writing) and to
invest the net proceeds thereof and pay the income thereof to my wife during
her life and until sale to permit my wife to have the occupation use and
enjoyment thereof she paying all outgoings in respect thereof and doing necessary
or proper repairs and insuring the same against fire to the satisfaction
of my trustees and on my wifes death I direct that the said premises or the
investments representing the proceeds of sale thereof shall fall into and
form part of my residuary estate.
- I give to my said son Henry Edward Braine all my ordinary shares in
Tatham Bromage and Company Limited for his own use.
- I devise and bequeath all the residue of my real and personal estate
unto and to the use of my trustees upon trust to sell call in collect and
convert the same into money at such time or times and in such manner as they
shall think fit (but as to reversionary property not until it falls into
possession unless it shall appear to my trustees that an earlier sale would
be beneficial) with power to postpone the sale calling in or conversion of
the whole or any part or parts of the said property (including leaseholds
or other property of a terminable hazardous or wasting nature) during such
period as they shall in their absolute discretion think proper and to retain
my investments existing at my death without being responsible for loss And
I direct that the income of such of the same premises as for the time being
shall remain unsold shall from my death be applied as if the same were income
arising from investments hereinafter directed to be made of the proceeds
of sale thereof and that no reversionary or other property not actually producing
income shall be treated as producing income for the purposes of this my will
and shall out of the moneys to arise from such sale calling in and conversion
and out of my ready money pay my funeral and testamentary expenses death
duties and debts and the legacy hereinbefore given and the duty thereon and
shall at their discretion invest the residue of the said moneys (which moneys
and the property for the time being representing the same and retained investments
are hereinafter called
"the trust fund") in my trustees names or under their legal control
in or upon any stocks funds or securities allowed by law for the investment
of trust funds with power to vary or transpose such investments for or into
others of a like nature.
- My Trustees shall pay the income from the trust fund to my wife during
her life and after her death shall hold the capital and income thereof in
trust for such of my children including my said son Henry Edward
Braine as
shall survive me and shall have attained or shall attain the age of twenty
one years and if more than one in equal shares provided that if any child
of mine shall die in my lifetime leaving issue who shall survive me and who
shall attain the age of twenty one years such issue shall take and if more
than one equally between them the share which their his or her parents would
have taken if such parent had attained a vested interest hereunder.
- Lastly I declare as follows
(a) Barclays Bank Limited (hereinafter
called The Bank) may act by its proper officer or officers and employ and
pay any agent or agents to transact any business required to be done hereunder
and shall be allowed and paid all charges and expenses incurred by it
(b)
The bank shall be entitled to remuneration (including the customary share
of brokerage) in accordance with the Banks seals or fees or remuneration
now in force such remuneration to be free from duties and deductions and
to be paid or retained out of the capital or income of my estate or the appropriate
part or parts thereof
( c) The bank may act as banker and transact any
banking or allied business on behalf of or in connection with my estate or
the trusts hereof upon the same terms as would for the time being be made
with an ordinary customer in the usual course of business without being liable
to account for any profit made thereby
(d) all capital moneys securities
title deeds and documents for the time being belonging or relating to any
trust hereby created shall be deposited with and retained by the Bank in
its exclusive custody (but subject to all reasonable facilities for inspection
or verification by the other trustees or trustee) and in the case of registered
stocks shares securities or property the name of the Bank shall always be
placed first in the register And no appointment of a new trustee or new Trustees
hereof shall be made without the consent in writing of the Bank if then remaining
a Trustee
In WITNESS whereof I have hereunto set my hand this sixteenth day of September
one thousand nine hundred and twenty six.
A.R. Braine.
Signed by the said Arthur Regent Braine the testator as and for his last will
and testament in the presence of us both being present at the same time who
in his presence at his request and in the presence of each other have hereunto
subscribed our names as witnesses.
W. T. LAWES (Clerk) 28 St Mary Ave EC. 3.
E. H. HECKS Clerk to Mr Arthur Bolden Solicitor 35 New Bread Street
EC. 2.
CORRECT
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the margin next to this will the following)
Fiat
Aug 18/28.
W. J. Higgins
J.
Resealed
18th day of
August A.D. 1928
Value of Estate
$5981.05
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Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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