Will of Geraldine Mary Harmsworth
from Newfoundland will books volume 13
pages 401-407 probate year 1926
In re GERALDINE MARY HARMSWORTH. DECEASED.
This is the last Will and Testament of me Geraldine Mary Harmsworth of Poynters Hall Totteridge in the County of Herts Widow which I make
this third day of September one thousand nine hundred and twenty four
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I hereby revoke all former wills codicils and other testamentary
dispositions made by me.
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I appoint my sons Harold Sidney Viscount Rothermere and Sir
Robert Leicester Harmsworth of Moray Lodge Kensington Baronet to be
Executors and Trustees of my Will and I declare that the expression “my
trustees” hereinafter
used shall include not only the trustees hereinbefore named or such of
them as shall accept the trusts of this my will but also the survivor
of them and the executors and administrators of such survivor or other
the trustees or trustee for the time being of my will.
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I bequeath the portrait of my late husband by Seymour Lucas to the Treasurer and Benchers of the Middle Temple as a memorial
of my late husband in whose memory there has lately been established
in the name of the said Treasurer and Benchers a fund known
as “The Alfred
Harmsworth Benevolent Fund”
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I direct that a valuation shall be made by a valuer to be
selected by my trustees of my jewellery and that my trustees
shall give and divide the same to and between my daughters
living at my death and if more than one in equal shares as
nearly as may be provided always that if any daughter of mine
shall die in my lifetime leaving children or a child living
at my decease who shall attain the age of twenty one years
or being daughters or a daughter marry under that age then
such children or child of such deceased daughter of mine shall
take and if more than one in equal shares as nearly as may
be the share in the said jewellery which such deceased daughter
would have taken had she survived me and I declare that the
decision of my trustees as to the division of my jewellery
is to be binding and final it being my earnest wish and desire
that my children and grandchildren shall accept the provisions
of this my will and the decisions of my trustees without dispute
or discussion.
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I bequeath the following legacies that is to say -
(a) to
my sister Caroline Borntraeger or if she shall
predecease me then to her two daughters in equal shares if
they shall both survive me or if only one of them shall survive
me then to such daughter alone the sum of one thousand pounds
provided that at the time of my death the law of England permits
my said sister or her daughters or daughter (as the case may
be) to receive the same
(b) to each of my nieces the daughters
of my late sister Ellen Bell who shall be living at my death
the sum of one hundred pounds and to my said sisters son George
Finlayson Bell the sum of one hundred pounds
( c)
to my nephew Everard Hamilton the sum of one
hundred pounds
(d) to my niece Florence Hamilton the sum of
fifty pounds my reason for not giving her a larger legacy being
that my son Viscount Rothermere has promised
to look after her
(e) To my nephew Arthur Hendry the sum of
one hundred pounds
(f)
To Francis Hendry son of the said Arthur
Hendry the sum of
one hundred pounds
(g) To my granddaughter Enid Madeline Stokes the
sum of one hundred pounds
(h) To my Chauffeur William Critcher if
at the time of my death he is in my service and not under notice
to leave (either given or received) the sum of one hundred
pounds
(i) To my gardener Frank Upton if at the time of my
death he is in my service and not under notice to leave (either
given or received) the sum of one hundred pounds
(j) To my former Butler Edward Mansell the sum
of fifty pounds
(k) To David Ridley (who has been my Butler
and now renders some services to me) the sum of fifty pounds
(l) To my executors hereinbefore named the sum of two thousand
five hundred pounds which (without imposing any legal obligation
or trust upon them) I request them to apply in accordance with
such wishes as may be expressed in any signed letter or memorandum
referring to such legacy which may be left by me
(m) To every
servant and person who shall have been in my employment for
not less than one year and shall be in my regular employment
at the date of my death and not then under notice to leave
either given or received (but excluding persons employed on
occasional work and excluding every servant to whom a pecuniary
legacy or annuity is bequeathed by my will or any codicil thereto)
a sum equivalent to one years salary or wages (exclusive of
board wages in the case of each such person who has been in
my employment for five years or more and in the case of each
such person who has been in my employment for less than five
years but not less than one year a sum equivalent to three
months wages exclusive as aforesaid.
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I bequeath the following annuities that is to say -
(a)
If and so long as the law of England permits her to receive
the same To my sister Caroline Borntraeger an annuity
of one hundred and fifty pounds during her life and without power of
anticipation during coverture in addition to every other benefit which
she may receive under this my Will or any codicil hereto
(b) To my
housemaid Olive (sometimes called Edith) Street if
she is in my service at the time of my death and not under notice to
leave either given or received an annuity of one hundred pounds during
her life without power of anticipation during coverture And I declare
that each of the said annuities shall be payable quarterly the first
payment thereof to be made at the expiration of three calendar months
from my death
And I authorise my trustees to provide for the payment
of any annuity bequeathed by this my will or any codicil hereto either
by purchasing a Government annuity or an annuity from an Insurance
Office of by setting apart as an annuity fund investments the income
whereof shall in the opinion of my trustees be sufficient at the time
of setting apart to pay such annuity and any annuity so provided for
shall cease to be a charge on the residue of my estate and become solely
charged on the annuity purchased or on the income and capital (but
primarily on the income) of the investments so set apart And I declare
that upon the cesser of any annuity the annuity fund (if formed) or
so much (if any) thereof as my trustees do not think necessary to retain
to answer any remaining annuity shall fall into and form part of my
residuary estate and any surplus income of the annuity fund after payment
of the annuity or annuities for the time being charged thereon shall
be applied in the same manner as income of my residuary estate And
I further declare that until any annuity shall be provided for in manner
aforesaid the same shall be paid out of the income of my estate.
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I direct that all specific and pecuniary legacies and annuities
hereinbefore bequeathed or given are to be transferred or paid
free from all death duties payable at my death and that if
any duty becomes payable on my death in respect of a sum of
five thousand pounds which I gave to my granddaughter now Enid
Madeline Stokes on her marriage the same shall be paid out
of my personal estate
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I devise and bequeath to my trustees free of all duties
my freehold house known as Southdown Lodge Clayton Sussex with
all the furniture and contents thereof Upon trust that they
shall sell the same and shall invest the proceeds of such sale
in their names in or upon any of the investments hereby authorized
and shall hold the said investments and the income thereof
Upon trust to apply such income for the maintenance and benefit
of my son Charles in such manner as they shall think fit and
after his death upon the trusts hereinafter declared concerning
my residuary estate provided always that my trustees may postpone
the sale of the said house and contents or either of them for
so long as they shall think fit and until the sale thereof
may permit (and it is my wish although I impose no legal obligation
upon them that they shall permit) my said son to have the use
and enjoyment thereof during his life free of rent Provided
also that my trustees may pending the sale of the said house
exercise over or in relation thereto all such powers of leasing
and of accepting surrenders of leases and of entering into
varying and rescinding contracts in that behalf and all powers
incidental or subsidiary thereto respectively as are by the
Settled Land Acts 1882 to 1890 conferred on a tenant for life
in possession of land and may let with such house the said
contents thereof or any part thereof and so that in the event
of the said house and contents or either of them being let
the rent thereof shall be applied by my trustees in the manner
hereinbefore directed with regard to the income arising from
the investments of the proceeds of sale of the said house and
contents.
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no item 9
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I give devise and bequeath all my property not otherwise
disposed of by this my will (including property over which
I may at my death have a general power of appointment or disposition
by will) unto my trustees Upon trust to divide the same between
my children Geraldine Adelaide Hamilton King Violet
Grace Wild Christabel Rose Burton Vyvyan George Harmsworth and William
Albert St John Harmsworth in equal shares Provided always that
if either of my last mentioned children shall die in my lifetime
leaving a child or children who being male shall attain the
age of twenty one years or being female shall attain that age
or marry then such child or children shall take and if more
than one in equal shares as nearly as may be the share in my
residuary estate which his her or their parent would have taken
if he or she had survived me and if either of my said children
shall die before me without leaving any such child or children
then his or her share of my residuary estate shall be divided
between the others of my said children or their children in
the respective shares in which they shall be entitled to the
remainder of my residuary estate And I declare that every decision
of my trustees as to the division of my residuary estate or
any part thereof shall be final and binding on all persons
interested therein
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My trustees may invest any moneys which may at any time
require investment in or upon
(a) Any securities for the
time being authorized by law for the investment of trust funds
(b)
Any of the public stocks or funds or Government securities
of the United kingdom or India or any British colony or dependency
or Province of a British Colony or dependency or of any foreign
country or of any of the United States of America
( c) Any
Securities the interest on which is or shall be guaranteed by the
Imperial Parliament
(d) The stocks funds
debentures or securities of any Public Municipal or loc l
body or authority of the United kingdom or in the stocks
funds debentures or securities of any such body or authority
as aforesaid in India or any British Colony or dependency
or any foreign country
(e) The bonds debentures
or debenture stock of any corporation or company or public
body established in the United kingdom or India or any Dominion or
Colony or dependency of the United kingdom or in any foreign country
(f) The preferred or preference or guaranteed stock or shares
of any Corporation or Company or public body established
in the United kingdom or India or any Dominion or Colony
or Dependency of the United Kingdom which shall have paid
dividends upon its ordinary capital at the rate of at least
three per cent per annum for the last five years prior to
the time of investment of which fact a letter purporting
to be signed by the Secretary of the Company or by a Banker
or member of a firm of Bankers or by the Secretary or Manager
of a Joint Stock Bank or of any branch thereof or by a member
of the London Stock Exchange shall be sufficient evidence
And my trustees may from time to time vary any such investments
by changing the same into others of a nature hereby authorised
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I declare that my Executors or trustees shall not be bound
in any case to act personally but shall be at full liberty
to employ a Solicitor or any other agent to transact all or
any business of whatsoever 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 shall not be answerable for the default of
such solicitor or agent or for any loss occasioned by his employment
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I declare that it is my intention that every person who
shall take any benefit under my will or any codicil thereto
and also under any Settlement Deed of Appointment or other
disposition made by me in my lifetime is to receive the benefits
given to him or her by my will or any codicil in addition to
the benefits given to him or her by any such settlement deed
or appointment or disposition
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I declare that if any person shall dispute the validity
of or shall refuse to confirm my will or any codicil thereto
if required so to do by my trustees such person shall forfeit
all benefits by my will or any codicil given to him or her
and the same not being residuary or a share in my residuary
estate shall fall into my residuary estate or being a share
in my residuary estate shall (together with any addition
which may accrue thereto by virtue of this provision) go to the other
persons entitled to my residuary estate as if the person
incurring such forfeiture had not been included in the gift of my residuary
estate IN WITNESS whereof I have to this my will contained
in this and the five preceding sheets of paper set my hand
the day and year first above written
GERALDINE
M HARMSWORTH
Signed by the said Geraldine Mary Harmsworth the testatrix as and
for her last will and testament in the presence of us both 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
- clause 9 of the said will having first been struck out -
G E Shrimpton 28 Old Queen Street Westminster S W I. Solicitor
T W Taplay Clerk to Messrs Radcliffes & Hood Solrs 28 Old Queen Street
Westminster S W.
THIS IS A CODICIL to the will of me Geraldine
Mary Harmsworth of Poynters Hall Totteridge in the County of
Herts Widow which will is dated the third day of September 1924
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I bequeath to my Chauffeur William Critcher if at the time
of my death he is in my service and not under notice to leave
(either given or received) the sum of one thousand pounds free
of duties instead of the sum of one hundred pounds bequeathed
to him by my said will
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I reduce the annuity given by my said will to Olive Street of fifty two pounds free of duties as she is already provided
for by the will of my late son Viscount Northcliffe
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I revoke the legacy of fifty pounds given by my said will
to my former butler Edward Mansell and in lieu thereof I bequeath
to him an annuity of fifty two pounds free of duties during
his life
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I bequeath to Mrs Julia Margeson c/o Mrs Philpot of 20 Aboyne
Road Tooting an annuity of fifty two pounds free of duties
during her life
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I direct that the said annuities shall be paid quarterly
and that the first payments thereof shall be made at the
expiration of three months after my death
IN WITNESS WHEREOF I have hereto set my hand this twenty second
day of June 1925 - GERALDINE M HARMSWORTH - Signed by the above
named Geraldine Mary Harmsworth as a codicil
to her will 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 hereto subscribed our names as witnesses -
G
E Shrimpton 10 Little College Street Westminster S W
I. Solicitor. -
Emily Druce The Old House Totteridge Herts N.
20. Domestic Servant.
CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat August
11/26.
Horwood C. J.
Resealed
August 11/26
Estate sworn
at $4,294.00
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