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A Collection of Newfoundland Wills
(E)
Oscar Louis Eugster

 

Will of Oscar Louis Eugster, from Newfoundland will books volume 15 pages 241 to 243 probate year 1930

IN RE.          DECEASED

OSCAR LOUIS EUGSTER

THIS IS THE LAST WILL AND TESTAMENT of me OSCAR EUGSTER of Kempston Heo in the county of Bedford (usually known as "Oscar Louis Eugster") a director of the British Syphon Manufacturing Company Limited a Lieutenant Colonel of Royal Horse Artillery T.F. retired and a member of the Distinguished Service Order.

  1. I appoint my old friend Robert Henry Durler of Luton in the County of Bedford and Winifred Irene Thorn of Kempston Heo Bedford aforesaid Spinster to be the Executor and Executrix and trustees of this my will And I bequeath to each of them the sum of Fifty pounds free of duty as a memento in recognition of their kindness in acting as the trustees of my will And I bequeath to Ann Penberthy the sum of fifty pounds free of duty
  2. I give devise and bequeath all the rest residue and remainder of my real and personal estate unto my trustees Upon Trust that they shall collect sell or otherwise convert into money all such parts of my said estate as shall not consist of money and shall out of the proceeds of such realization pay my funeral and testamentary expenses and all my just debts and the legacies bequeathed by this my will or by any codicil hereto and the duties upon any such legacies and shall invest the residue of the said moneys (hereinafter called "my residuary trust fund") Upon trust to pay and apply the income thereof to and for the benefit of my three children Basil Oscar Paul Eugster Elisabeth Joan Mary Eugster and Michael John Eugster during the infancy of the said children respectively and subject as hereinafter mentioned and to pay and divide the said residuary fund equally between my said children upon their respectively attaining the age of twenty five years.
  3. I declare that if any child of mine shall die in my lifetime or before attaining the age of twenty five years leaving lawful issue him or her surviving such issue shall take and equally between them if more than one the share which is her or their parent would have been entitled to if he or she survived me and obtained a vested interest.
  4. I direct that during the minority of any child of mine who if of the age of twenty five years would for the time being be entitled in possession to a share of my residuary trust fund under the foregoing trusts my trustees may apply the whole or any part of the income of the expectant share of such minor for or towards his or her maintenance and education with liberty to pay the same to the guardian or guardians of such minor for the purpose aforesaid without being liable to see to the application thereof and shall accumulate the residue if any of the said income by investing the same and the resulting income thereof to the intent that such accumulations shall be added to the principal share from which the same shall have proceeded and follow the destination thereof but my trustees may at any time resort to the accumulations of any preceding year or years and apply the same for or towards the maintenance and education of any of my said children for the time being presumptively entitled thereto Provided always and I declare that every child of mine who has attained or may attain the age of twenty five years and who if he or she had attained the age of twenty five years would be entitled in possession to a share of my residuary trust fund shall be entitled to receive the whole income of his or her expectant share until the same shall become vested or he or she shall previously die.
  5. I declare that it shall be lawful for my trustees to raise any part or parts not exceeding together one moiety of the vested or presumptive share of any child of mine under this my will and apply the same for his or her advancement preferment or benefit as my trustees shall think fit.
  6. I declare that my trustees shall have the power to postpone for so long as they shall think fit the sale collection and conversion into money of any part of my real or personal estate and that the income arising from any such unrealised portion shall be treated as well during the first year of my death as afterwards as income of my said residuary estate and in particular I direct that my trustees shall be entitled to retain for so long as they shall think fit any investments of which I may be possessed at the time of my decease notwithstanding that the same may not be trust investments and that my trustees shall hold my share or other interests in the British Syphon Manufacturing Company Limited or in any other business in which I may be interested or concerned at the time of my decease with full power to concur in any reorganisation or reconstruction of the said company or of any business in which I may be so concerned and to receive and hold debentures or shares of any class in any such reconstructed company or any company with which the said company or any such business may be amalgamated or to which it may be sold without being answerable for any loss or diminution in value of my estate which may arise in consequence thereof.
  7. I direct that the trustees of my said will or the guardian or guardians of my infant children shall cause any such infant children to be educated as to my sons or son at some suitable Roman Catholic School and as to my daughter at a suitable Roman Catholic Convent School and the bequests of income for the benefit of my said children respectively are made upon the express condition that these directions shall be effectively carried out.
  8. I hereby appoint the said Winifred Irene Thorn to be the guardian of my infant children and I direct that in the event of her declining to act as such guardian or at any time ceasing to be such guardian the appointment of a guardian shall be in the hands of my friend Robert Henry Durler but that any appointment of guardian shall be such as to ensure that the directions contained in clause 7 of my will shall be effectively carried out.
  9. I declare that the power of appointing new trustees shall for the purposes of this my will be vested in my trustees or the surviving trustee and shall be so exercised that there shall at all times be two trustees of this my will
  10. I declare that any executor or trustee being engaged in any profession or business shall be entitled to charge and be paid all proper professional and other charges for any act done by him or his firm in connection with the trusts.
  11. I revoke all wills codicils and other testamentary disposition by me heretobefore made and declare this to be my last will

IN WITNESS whereof I have hereunto set my hand this thirteenth day of March one thousand nine hundred and twenty five - OSCAR EUGSTER - Signed by the above named testator 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
Fred W Beck Solicitor 21 Lime St London E.C.  Reginald A. Beck Solicitor 21 Lime Street London E.C. 3.

Correct.

William F Lloyd

Registrar of the Supreme Court of Newfoundland

 

Written in the top right-hand margin on page 241:
Fiat
Aug 22/30
J. M. Kent
Judge
Resealed on
the 22nd
day of August
A.D. 1930
Value of Estate
$7257.30

 

 

Page Contributed by Judy Benson, Sheila Tiberio & Transcribed by Lenora Cooper

Page Revised by Ivy F. Benoit (Tuesday January 30, 2018)

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