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A Collection of Newfoundland Wills
(E)
Elizabeth Ehlers
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Will of Elizabeth Ehlers
from Newfoundland will books volume 14 pages
42-45 probate year 1927
In re ELIZABETH EHLERS. DECEASED.
This is the last Will and Testament of me Elizabeth Ehlers of Layton
Redland in the City of Bristol Widow
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I hereby revoke all former wills and testamentary dispositions heretofore
made by me and declare this to be my last Will and Testament.
-
I appoint my son Robert Ehlers and my son in law Edwin
Leonard Lees of The Avenue Redland aforesaid M.D. (Hereinafter called by trustees)
to be the EXECUTORS and Trustees of this my will
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Whereas Louis Mary Breillat Lingford late of 37, Balls Road Oxton
in the County of Chester widow deceased who died on the seventeenth
day of February one thousand eight hundred and ninety one by her will
dated the thirteenth day of July one thousand eight hundred and eighty
nine appointed her son George Henry Lingford sole Executor thereof
And directed him to pay the sum of one thousand pounds out of her personal
estate to her friends the said Robert Ehlers and William
Cardin Walker both of Bristol to be held by them upon trust as therein mentioned
And whereas the said George Henry Lingford has not paid the said sum
of One thousand pounds to the said Robert Ehlers and William
Cardin Walker but has given or is about to give them a Promissory note for
payment thereof by certain installments together with interest thereon
and has also given or is about to give them certain security for such
payment And whereas the said Robert Ehlers and William
Cardin Walker have agreed to accept the aforesaid Promissory Note and security but
only on the condition that I should indemnify them against loss in
manner hereinafter appearing Now I hereby direct my trustees within
three months after my decease to pay to the said Robert Ehlers and
William Cardin Walker or the survivor of them or the executors or administrators
of such survivor their or his assigns the said sum of one thousand
pounds or so much thereof as shall not then have been paid by the said
George Henry Lingford together with interest thereon at the rate of
four pounds per centrum per annum computed from the date up to which
interest shall then have been paid And I declare that until payment
the aforesaid sum and interest shall be a charge upon the proceeds
of all my real and personal estate but as between the beneficiaries
under this my will the said sum and interest shall be payable primarily
and entirely out of the share thereof hereinafter directed to be held
by my trustees Upon trust to pay the income to my daughter Ida
Isabella Lingford wife of the said George Henry Lingford for her life and after
her death as hereinafter mentioned
-
I give devise and bequeath all my real and personal property whatsoever
and wheresoever unto my trustees Upon trust to sell call in and convert
into money the same or such part thereof as may not consist of money
and after payment of my funeral and testamentary expenses and debts
to stand possessed of the moneys arising from such sale calling in
and conversion and of my ready money In trust for my children Ernest
Hermann Ehlers the said Ida Isabella Lingford the said Robert
Ehlers Theola Cornford Charles Frederick Ehlers and Alma
Lees wife of the
said Edwin Leonard Lees as tenants in common in equal shares absolutely
Provided nevertheless that the share of the said Ida Isabella
Lingford shall not be paid to her but shall be retained by my trustees Upon
the trusts hereinafter declared of and concerning the same.
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My trustees shall retain the aforesaid share of my said daughter
Ida Isabella Lingford Upon trust in the absolute discretion of my trustees
to invest the same in or upon any stocks funds or securities of or
guaranteed by the Government of the United Kingdom or of any British
Colony or Dependency or in stock of the Bank of England or the debentures
or debenture stock or guaranteed or preference stock or shares of any
Railway or other Company or Corporation in Great Britain or India incorporated
by Act of Parliament or Royal Charter or registered under the Limited
Liability Acts and paying a dividend on its ordinary stock or shares
or upon real or leasehold securities in England or Wales but not elsewhere
such leasehold securities being held for a term whereof Sixty years
at least shall be unexpired at the time of such investment with power
from time to time at such discretion as aforesaid to vary such investments
and shall stand possessed of the said shares and the investments for
the time being representing the same Upon trust to pay the income thereof
to the said Ida Isabella Lingford during her life and so that if and
while she shall be under coverture the same shall be for her sole and
separate use and she shall not have power to dispose of the same in
the way of anticipation And from and after her decease In trust for
the children of the said Ida Isabella Lingford or any of them in such
shares (if more than one) and in such manner as she shall by any deed
or deeds or by her will (notwithstanding coverture) appoint And in
default of such appointment and so far as any such appointment shall
not extend In trust for all the children of the said Ida Isabella
Lingford who being male shall attain the age of twenty one years or being female
shall attain that age or marry in equal shares and if there be only
one such child the whole to be in trust for that one child But so nevertheless
that no child who shall take a share under any such appointment as
aforesaid shall take any part of the funds remaining unappointed without
bringing the share appointed to him or her into hotchpot and accounting
for the same accordingly unless the said Ida Isabella Lingford when
making such appointment as aforesaid shall thereby direct the contrary
And in case there shall be no child of the said Ida Isabella
lingford who being male shall attain the age of twenty one years or being female
shall attain that age or marry then Upon such trusts and in such manner
as the said Ida Isabella Lingford shall by deed or will when not under
coverture or by will while under coverture appoint And in default of
such appointment and so far as any such appointment shall not extend
In trust for my other children in equal shares absolutely
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I empower my trustees to postpone the sale and conversion of any
part of my property for so long as they may think fit
IN WITNESS whereof I have to this my last Will and Testament contained
in this and the two preceding sheets of paper subscribed my hand name
this seventh day of February one thousand eight hundred and ninety three
-
ELIZABETH EHLERS -
Signed by the said Elizabeth Ehlers the testatrix
as and for her last will and testament in the presence of us both being
present at the same time who at her request in her presence and in the
presence of each other have hereunto subscribed our names as witnesses
-
Charles Edw. Barry Solicitor Bristol - F. H.
Probert Clerk to Beckingham
Barry & Harris
Sols Bristol.
THIS IS A CODICIL to the last Will and Testament of me ELIZABETH
EHLERS of Layton Redland in the City of Bristol widow which will bears date
the seventh day of February one thousand eight hundred and ninety three
Whereas by my said Will I have given devised and bequeathed all my real
and personal property whatsoever and wheresoever unto my trustees therein
mentioned Upon trust to sell call in and convert into money the same
or such part thereof as may not consist of money and after payment of
my funeral and testamentary expenses and debts to stand possessed of
the moneys arising from such sale calling in and conversion and of my
ready money IN trust for my children Ernest Hermann Ehlers Ida
Isabella Lingford Robert Ehlers Theola Cornford Charles Frederick Ehlers and Alma
Lees as tenants in common in equal shares absolutely And whereas on the
Tenth day of November one thousand nine hundred I lent the sum of one
thousand pounds to my said son Charles Frederick Ehlers he paying interest
to me for the same after the rate of five per cent per annum Now I hereby
declare that the said sum of one thousand pounds so as aforesaid lent
to my said son Charles Frederick Ehlers or such part thereof as may be
owing at the date of my decease together with any interest upon the said
sum of one thousand pounds or such portion thereof unpaid at the date
of my decease shall be taken by him in part satisfaction of his share
under my said will and accordingly that the moneys to arise from the
sale of my said real and personal estate shall be divided between the
children among whom the same is directed to be divided by my said will
in such manner that the share of the said Charles Frederick Ehlers shall
be less in amount than the share of the other children by the sum of
one thousand pounds or such part thereof as may be unpaid at the date
of my decease together with any interest if any at the rate aforesaid
remaining unpaid up to the date of my decease And in all other respects
I confirm my said will IN WITNESS whereof I have hereunto set my hand
this Seventeenth day of November one thousand nine hundred - ELIZABETH
EHLERS - Signed by the said Elizabeth Ehlers as a Codicil to her last
will and testament in the presence of us both present at the same time
who at her request in her sight and presence and in the presence of each
other have hereunto subscribed our names as witnesses - Percy
Baldwin Solicitor Bristol
Maude Spiller Layton Cotham Grove Bristol House Maid.
CORRECT
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the margin next to this will the following)
Fiat May
30th 1927.
Warren J.
Re-sealed
May 31/27.
Estate sworn
at $3000.00
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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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