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A Collection of Newfoundland Wills
(C)
George Terry Luder Carwithen

 

Will of George Terry Luder Carwithen
from Newfoundland will books volume 12 pages 313 to 319 probate year 1923

In re GEORGE TERRY LUDER CARWITHEN.      DECEASED.

This is the last Will and Testament of me George Terry Luder Carwithen of Ashprington House Totnes Devon Colonel retired from His Majesty's Army I appoint my son The Reverend Reginald Master Carwithen and my son in law William Herbert Clydwyn Llewellyn Lieutenant 24th Regiment of Court Colman Bridgead South Wales Executors and Trustees of this my will for the purposes of the Settled Land Acts and for all other purposes And I bequeath to each of them who shall act a legacy of fifty pounds free of duty I direct my debts (other than mortgages debts effecting my real estate) and my funeral and testamentary expenses and all death duties payable in respect of my estate including Estate Duty and legacy and succession duty if any to be paid out of my personal estate and if the same shall be insufficient for that purpose I direct that any deficiency shall be raised by a charge on my residuary real estate I give and bequeath all my silver plate and ornamental china to my son Edward Terry Carwithen during his life and after his decease I give and bequeath the same to his son George Edward Terry Carwithen And I bequeath the rest and residue of the personal estate over which at the time of my decease I may have any disposing power except any moneys which may at the time of my decease be invested in my name in Newfoundland Government Securities and except the articles hereinafter bequeathed as heirlooms unto my Trustees Upon trust for my son the said Edward Terry Carwithen I give and bequeath all moneys which may at the time of my decease be invested in Newfoundland Government securities unto my trustees upon trust to pay the income arising therefrom to my daughter Kathleen May Carwithen in part satisfaction of the annuity hereinafter bequeathed to her and after her decease Upon trust for the person who shall at the date of such decease be entitled in possession to my real estate In England either as tenant for life or otherwise absolutely I devise all my real estate in Newfoundland unto and to the use of the said Reginald Master Carwithen and William Herbert Clysdwyn Llewellyn and their heirs (hereinafter called by trustees) Upon trust in the first place to make good out of the income thereof any deficiency in the income of my residuary real estate to provide for the annuity hereinafter bequeathed to my daughter Kathleen May Carwithen and subject thereto Upon trust to pay the income thereof to my son the said Edward Terry Carwithen during his life and after his decease to stand possessed of the said real estate Upon trust for such son of the said Edward Terry Carwithen as shall first attain the age of twenty one years and his heirs And in case there shall be no son of the said Edward Terry Carwithen who shall live to attain that age then Upon trust for my son the said Reginald Master Carwithen during his life and after his decease upon trust for such son of my son the said Reginald Master Carwithen as shall first attain the age of twenty one years and his heirs And in case there shall be no son of the said Reginald Master Carwithen who shall live to attain that age then Upon trust for my son Sydney Carwithen during his life and after his decease Upon trust for such son of my son the said Sydney Carwithen as shall first attain the age of twenty one years and his heirs And in case there shall be no son of the said Sydney Carwithen who shall live to attain that age then Upon trust for my daughter the said Kathleen May Carwithen during her life and after her decease Upon trust for such son of my daughter the said Kathleen may Carwithen as shall first attain the age of twenty one years and his heirs and in case there shall be no son of the said Kathleen may Carwithen who shall live to attain that age then Upon trust for such daughter of the said Edward Terry Carwithen as shall first attain the age of twenty one years and her heirs And in case there shall be no daughter of the said Edward Terry Carwithen who shall live to attain that age then Upon trust for such daughter of the said Reginald Master Carwithen as shall fist attain the age of twenty one years and her heirs And in case there shall be no daughter of the said Reginald Master Carwithen who shall live to attain that age then Upon trust for such daughter of the said Sydney Carwithen as shall first attain the age of twenty one years and her heirs And in case there shall be no daughter of the said Sydney Carwithen who shall live to attain that age then Upon trust for the said Edward Terry Carwithen his heirs and assigns for ever And I devise all the other real estate over which at the time of my decease I may have any disposing power including the advowson of the living of Ashprington subject to any annuities and/or mortgages now effecting the same and to the annuity to my daughter Kathleen May Carwithen and to the use of trustees and their heirs Upon trust out of the income thereof as from the day of my decease to pay the interest on any mortgages affecting the same and the interest on any sums raised by any charge for the payment of death duties and also to pay thereout any annuities to which at the time of my decease such real estate may be liable under the will of my father The Reverend George William Terry Carwithen so long as such annuities or any of them are subsisting and out of the residue of such income as far as the same will extend to pay to my daughter Kathleen May Carwithen as from the day of my decease such portion thereof as will together with the income produced from the moneys invested in Newfoundland Government securities as aforesaid provide her an annuity of three hundred pounds during her life and Spinsterhood and after her marriage an annuity of one hundred pounds during the rest of her life such annuity to be free from all death duties and to be payable by half yearly payments the first payment to be made at the expiration of six calendar months after my decease And subject as above mentioned my trustees shall stand possessed of my residuary real estate Upon trust to pay the income whereof to my son the said Edward Terry Carwithen during his life and after his decease to stand possessed of such residuary real estate Upon trust for the first and every other son of the said Edward Terry Carwithen successively and in remainder one after another according to their respective seniorities and the heirs male of their respective bodies with remainder Upon trust for my son the said Reginald Master Carwithen during his life without impeachment of waste with remainder upon trust for the first and every other son of the said Reginald Master Carwithen successively and in remainder one after another according to their respective seniorities and the heirs male of their respective bodies with remainder Upon trust for my son the said Sydney Carwithen during his life without impeachment of waste with remainder Upon trust for the first and every other son of the said Sydney Carwithen successively and in remainder one after another according to their respective seniorities and the heirs male of their respective bodies with remainder Upon trust for the first and every other daughter of the said Edward Terry Carwithen successively and in remainder one after another according to their respective seniorities and the heirs male of their respective bodies with remainder upon trust for the first and every other daughter of the said Reginald Master Carwithen successively and in remainder one after another according to their respective seniorities and the heirs male of their respective bodies with remainder Upon trust for the first and every other daughter of the said Sydney Carwithen successively and in remainder one after another according to their respective seniorities and the heirs male of their respective bodies with remainder Upon trust for the said Edward Terry Carwithen and his heirs for ever I bequeath unto my trustees the several articles and things specified in the schedule hereto Upon trust to permit the same to go and devolve with my residuary real estate so far as the rules of law and equity will permit and be enjoyed by the person who for the time being shall be entitled thereto or to possession by virtue of this my will but so that such articles and things shall not vest absolutely in any person hereby made tenant in tail by purchase of the said real estate unless such person shall attain the age of twenty one years But on the death of such tenant in tail by purchase such articles and things shall go and devolve and remain in the same manner as if they were freeholds of inheritance and had been hereby devised in settlement upon the trusts hereinbefore declared of and concerning my residuary real estate And I expressly declare that my trustees shall not be responsible for any loss or damage which may happen or occur to the said articles and things hereby bequeathed to them as heirlooms from whatever cause arising and shall not be bound to see or enquire as to the condition or safety thereof or as to the insurance thereof against fire bombardment or hostile aircraft And in case there shall be occasion to demise or let Ashprington House I hereby request my trustees to use their best endeavours in negotiating with intending tenants to provide for such of the said articles and things hereby bequeathed as heirlooms as may consist of furniture remaining in Ashprington House aforesaid But without prejudice to the generality of the preceding clause I expressly exempt my trustees from liability for any loss or damage which may arise by reason of their so doing my object being that the said articles and things may not be damages by constant removal And I expressly declare that the current income of my residuary real estate and of my real estate in Newfoundland shall alone be liable for the payment of the annuity to my daughter the said Kathleen May Carwithen and that she shall have no claim for any arrears or deficiency either against the corpus of such real estate or against the income of past or future years And for the purposes of this my will the income of such real estate and all payments thereout shall as from the day of my decease be deemed to accrue from day to day and be apportioned accordingly I empower my trustees at their sole absolute and uncontrolled discretion to lease or let for such terms of years for such considerations by way of premium or rent or both for such purposes and upon such conditions as they shall deem expedient any part of my residuary real estate And also to accept the surrender of or otherwise cancel determine or vary any existing or future lease tenancy agreement or verbal tenancy thereof And also to receive the rents and profits thereof and at the cost of the trust estate to repair drain improve insure from fire air raid or bombardment and manage the same And also to adjust and determine in what proportions the expense of draining or other improvements shall be borne by the capital and income of the trust estate And also to adjust compound and settle all accounts and claims respecting the same and make such allowances to tenants and others in relation thereto as they shall think just And I declare that my trustees may instead of acting personally employ and pay a Solicitor Surveyor Estate Agent Bailiff or any other Agent or person whom soever to transact all or any business or do any act of whatever nature required to be done in the premises including the receipt and payment of money and shall be entitled to be allowed and be paid all charges and expenses so incurred And that any present or future trustee of this my will who may be a Solicitor may be so employed and shall be entitled to charge and be paid all professional or other charges for any business or act done by him or his firm in connection with my estate or the trusts of this my will including acts which an executor or trustee could have done personally And I also declare that all moneys coming to the hands of my trustees requiring investment may be invested by them at their discretion in their names in or upon any of the public stocks funds inscribed or registered bonds or other securities of Great Britain or of the United Kingdom of Great Britain and Ireland but not of Ireland alone or of any foreign Indian or Colonial Government or upon any freehold copyhold or leasehold securities in England or in or upon the stocks shares inscribed or registered bonds debentures or debenture stock of any company or corporation or upon the loan of any municipal local county or other public body or authority in England or in the purchase of real or leasehold estate with power to vary and transpose any such investment from time to time for any other investment of the description aforesaid And I also declare that the statutory power of appointing new trustees of my will shall be vested in my daughter the said Kathleen May Carwithen during her life and Spinsterhood and after her death or marriage in the persons nominated by statue And further that the said Kathleen May Carwithen whilst competent to exercise the aforesaid power may from time to time appoint an additional trustee or trustees of my will although there may not be any vacancy in the trusteeship
Lastly I hereby revoke all other Wills
In witness whereof I have to each sheet of this my will contained in five sheets of paper set my hand this twenty second day of September one thousand nine hundred and seventeen

THE SCHEDULE referred to.
The portraits in oil of John Carwithen Elizabeth Carwithen William Carwithen Thomas Carwithen Charles Carwithen George Carwithen George Terry Carwithen and Nathaniel Terry The small painting of myself in military uniform The New Testament date 1633 which belonged to Elizabeth Carwithen temp Charles II and the lace bag containing the same This Testament has on the reverse The psalms of David in verse dated 1635 and a Fleur Delis worked in coloured silk worked on both covers of the book The oak settle with 3 carved panels on the back 5 feet 3½ inches in length The Old Dutch Oak Cabinet 5 feet 4½ inches in height The Florentine Bureau of inlaid oak 10½ inches in height with cupboard underneath The oak chest 3 feet 9¼ inches in length The mahogany corner Sheraton China cabinet inlaid with cabriole legs and claw feet 6 feet 9½ inches in height The Walnut inlaid oval table ormolu mounts cabriole legs 4 feet 5½ inches in length The oak table with 3 drawers Cabriole legs 3 feet 7½ inches in length The Stair Clock by Ellis. G T L CARWITHEN

Signed declared and acknowledged by the testator George Terry Luder Carwithen as and for his last will and testament in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses
John Burgoyne Ashprington Totnes Estate Bailiff
Wm. C. Brown Ashprington Totnes Schoolmaster

THIS IS A CODICIL to the last will and testament of me George Terry Luder Carwithen of Ashprington House Totnes Devon Colonel Retired from His Majesty's Army which will bears date twenty second September on thousand nine hundred and seventeen
I hereby revoke the bequest of my silver plate and ornamental china to my son Edward Terry Carwithen during his life and after his decease to his son George Edward Terry Carwithen which bequest occurs on line 11 12 and 13 of page 1 of my said will and in lieu thereof I make the following gifts and bequests namely To my son Reginald Master Carwithen all my silver and plate during his life and after his decease to my grand son the said George Edward Terry Carwithen but I empower my said son to give to his brother any articles of silver which he in his discretion may think fit And I also bequeath to the said Reginald Master Carwithen my horse my two 2 wheeled carts and all harness To my daughter Kathleen may Carwithen all my ornamental china (save that hereinafter bequeathed) and the pair of knife boxes with contents during her life and after her decease to the said George Edward Terry Carwithen To my daughter Dorothy Louisa Llewellyn my gold and green Breakfast Coffee and Tea set by Copeland To my son Sydney Carwithen my six tea cups and saucers gold with red band by Copeland And in all other respects I confirm my said will
IN WITNESS whereof I have hereunto set my hand this sixth day of June one thousand nine hundred and eighteen GEORGE T L Carwithen

Signed by the testator in the joint presence of us who thereupon signed our names in his and each others presence
ERNEST ALBERT PEARSE Ashprington Totnes Groom Gardener
SARAH CROSS Ashprington Totnes Cook

THIS IS A SECOND CODICIL to the last will and testament of me George Terry Luder Carwithen of Ashprington House Totnes Devon Colonel retired from His Majesty's Army which will bears date the twenty second September one thousand nine hundred and seventeen and has a codicil thereto bearing date the sixth June one thousand nine hundred and eighteen
I give and bequeath to my son Reginald Master Carwithen all my miniatures and silhouettes and in all other respects I confirm my said will and codicil
In Witness whereof I have hereunto set my hand this sixteenth day of May one thousand nine hundred and nineteen G T L CARWITHEN
Signed by the testator in the joint presence of us who thereupon signed our names in his and each other's presence
SARAH CROSS Ashprington House Cook
EDWARD WYATT Ashprington Gardener.

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

(Listed in the Margin next to this will the following)
Re Sealing
Feby 10/23
Fiat Feb 6/23
Horwood CJ
Estate sworn
at $29700.00

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.

This page contributed by Judy Benson and Ivy F. Benoit

REVISED BY: Ivy F. Benoit June 11, 2002

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