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A Collection of Newfoundland Wills
(E)
Elizabeth Ehlers

 

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

  1. I hereby revoke all former wills and testamentary dispositions heretofore made by me and declare this to be my last Will and Testament.

  2. 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

  3. 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

  4. 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.

  5. 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

  6. 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

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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