Will of Percy Francis Henry Heybourn from Newfoundland will books volume 14 pages 151-157 probate year 1927

In re
      PERCY FRANCIS HENRY HEYBOURN.       DECEASED.

I Percy Francis Henry Heybourn of Temple Croft Staines in the County of Middlesex a Member of the London Stock Exchange hereby revoke all wills Codicils and testamentary dispositions heretofore made by me and declare this to be my last and only will.

1. I appoint my wife Agnes Maria Heybourn and my friend Charles Fallows Jones to be the Executors and Trustees of this my will and they or other the Trustees or Trustee for the time being of this my will are herein after referred to as "my Trustees"
2. I bequeath to my said wife absolutely (a) the sum of five hundred pounds to be paid to her as soon as possible after my death for her immediate requirements and (b) all articles of personal or domestic or household or garage or stable or garden use or ornament belonging to me (including horses carriages and motor cars) which at the time of my death shall be in about or belonging to or appropriated or ordered for my house at Staines aforesaid or any other house at which I may reside at my decease or the outbuildings stables coachhouses garages or pleasure grounds thereof.
3. I bequeath the following pecuniary legacies namely:- To the said Charles Fallows Jones the sum of two hundred and fifty pounds for a memento of our friendship To my God daughter Audrey Croft the sum of fifty pounds as a memento and not as representing the measure of my affection for her To my Nephew and God son Colvin Percy Wells the sum of One thousand pounds and to my wifes nephew Jacques Adolph Eckhous the sum of Five hundred pounds and with regard to each of the said two last mentioned legacies my Trustees shall at any time or times during the minority of the legatee have power (in addition and without prejudice to their statutory powers of applying the income thereof for his maintenance education and benefit) to raise any part or parts not exceeding in the whole one half of the capital thereof and pay or apply the same for his advancement or otherwise for his benefit as my Trustees shall think fit To my brother Alfred Reginald Heybourn the sum of One thousand pounds to my brother Walter Samuel Heybourn the sum of One thousand pounds to my sister Daisy Caroline Wells for her separate use the sum of One thousand pounds and to my sister Maud Evelyn Watts for her separate use the sum of One thousand pounds and in the event of the net value of my estate exceeding the sum of Fifty thousand pounds I give to my said brothers and sisters the further legacy of One thousand pounds each
4. I bequeath to my former nurse Dorcas Mary Borrill of Hornsey in the County of London during her life for her separate use without power of anticipation an annuity of twenty five pounds commencing from my death to be payable by equal quarterly payments on the four usual quarter days the first of such equal payments thereof or any apportioned part thereof to be made on the quarter day next following my death and I empower my Trustees at any time at their absolute discretion to provide for the payment of such annuity either by purchasing such an annuity in the names of my Trustees from the Government or some Insurance or annuity Company of good repute or by appropriating and setting apart out of my estate any property the income whereof at the date of such appropriation shall in the opinion of my Trustees be not less than the amount of such annuity but I declare (a) that the property so to be appropriated as aforesaid shall remain subject to the powers of sale and investment and varying investment herein contained (b) that until the said annuity shall be provided for in manner aforesaid the same shall be paid out of the income of my residuary estate ( c) that such purchase or appropriation shall be a complete satisfaction of the trust to provide for such annuity (d) that if the income of the appropriated property shall at any time and from any cause whatever prove insufficient for payment of such annuity in full resort may be had to the capital thereof from time to time to make good such deficiency (e) that the surplus income (if any) of the appropriated property from time to time remaining after payment of such annuity shall be applicable as income of my residuary estate and (f) that upon the cesser of the said annuity the property (if any) appropriated in respect thereof or so much of the same property as shall not have been taken to make up deficiency of income shall sink into my residuary estate.
5. I declare that all the foregoing bequests shall be free of all death duties or deductions for death duties.
6. I devise and bequeath all my real and personal estate not hereby otherwise disposed of (including all property whether real or personal over which I may have any general power of appointment or disposition by Will) unto the Trustees hereinbefore named Upon trust that my Trustees shall sell call in and convert into money the same and shall out of the moneys arising thereby or otherwise forming part of my estate pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my will or any codicil hereto and make provision for the payment of any annuities so bequeathed and the duties on any legacies or annuities bequeathed free of duties and shall invest the residue of such moneys
7. My Trustees shall stand possessed of the said residuary moneys and of the investments from time to time representing the same (hereinafter called "the said trust premises) Upon trust as to one equal moiety of the said trust premises to pay the income thereof to my said wife during her life and so that during coverture the same shall be for her separate use without power of anticipation and Upon trust as to the other equal moiety of the said trust premises to pay the income whereof to my Father Henry Francis Heybourn during his life and after his death to my Mother Harriett Violet Heybourn (if surviving) during her life and so that during her present or any future coverture the same shall be for her separate use without power of anticipation
8. Subject as aforesaid my Trustees shall hold the said trust premises Upon trust for all or any my children or child who being male shall attain the age of twenty one years or being female shall attain that age or marry and if more than one in equal shares and subject as aforesaid my Trustees shall hold the said trust premises in trust for my four Brothers and Sisters hereinbefore named (whether they shall respectively survive me or not) in equal shares but so that the share of the said trust premises which is hereinbefore expressed to be given to any Brother or sister of mine shall not vest absolutely in him or her or in his or her representatives but shall subject as aforesaid be retained by my Trustees and held by them upon the trusts hereinafter declared concerning the same respectively (that is to say) (a) during the life of such Brother or sister my Trustees shall pay the income of such share to such Brother or sister and so that in the case of a sister the same shall be for her separate use without power of anticipation and (b) after the death of such Brother or sister my Trustees shall hold such share and the future income thereof in trust for all or any the children or child of such Brother or sister lawfully begotten who shall be living at my decease or born afterwards and who being male attain the age of twenty one years or being female attain that age or marry and if more than one in equal shares
9. In case the trusts hereinbefore declared concerning the same of any such Brother or sister of mine as aforesaid shall fail then subject to the trusts powers and provisions herein declared and contained or by law vested in my Trustees concerning the same share and to every or any exercise of any such powers I declare that such share and every additional share which may accrue or be added thereto by virtue of this present provision and the income thereof respectively shall go and accrue by way of addition to the share or shares of my other Brothers and sisters in the said trust premises if more than one in equal shares and proportions and so that the share which shall so accrue and be added to the share of any Brother or sister of mine shall be held upon the trusts and subject to the powers and provisions herein declared and contained concerning his or her original share and shall form one fund therewith as nearly as circumstances will admit
10. So long as my Trustees deem proper they may (without being responsible for loss) postpone the sale calling in and conversion of all or any part of my estate and retain as if the same were an authorized investment under this my will any property I may die possessed of notwithstanding that the same may be of a speculative or wasting nature and whether the same be in fact an authorized investment under this my will or not and they shall not sell any reversionary property unless they see special reason therefore and the net income of any property (howsoever invested and of whatsoever description) remaining unconverted shall as from my death be applicable as income and no reversionary or other property not actually producing income shall be treated as producing or entitling any one to receipt of income.
11. My Trustees may manage any hereditaments for the time being unsold with all the powers in that behalf of absolute owners and may make any outlay which they may consider proper for the benefit of in respect of any such hereditaments and may exercise over and in relation to any such hereditaments all such powers of leasing and other powers of every description as are by the Settled Land Acts 1882 to 1890 conferred on tenants for life of freehold hereditaments.
12. My Trustees shall at their discretion invest any moneys requiring investment hereunder in the names or under the legal control of my Trustees in any of the Public stocks or funds or Government securities of the United Kingdom or India or any Colony or Dependency of the United Kingdom or of any Province or State of any such Colony or Dependency or any foreign Country or State or upon freehold copyhold leasehold or chattel real securities in England or Wales or Ireland or upon heritable real or leasehold securities in Scotland or India or any Colony or Dependancy of the United Kingdom or any Foreign Country or in or upon the stocks funds shares debentures mortgages or securities of any Corporation Body or Company Municipal county local commercial or of any other description in the United Kingdom or India or any Colony of Dependency of the United Kingdom or any foreign Country or upon the security of any interest for a life or lives or determinable on a life or lives or any other event in real or personal immoveable or moveable property wheresoever situate or arising together with a Policy or Policies of Assurance on such life or lives or against such event and my Trustees may at their discretion vary or transpose any investments into others of any nature hereinbefore authorised
13. My Trustees may concur in winding up any business in which I may be a partner at my death and may for that purpose make or concur in making arrangements and compromises with creditors or debtors or persons under contract with the firm and may dispose of my share in any such business by valuation or otherwise and generally on such terms as they shall think fit with power (a) to postpone such winding up or disposition during such period as my Trustees shall think proper (b) to settle any accounts and accept any statements of account whether with or without the production of vouchers or other evidence and to accept pay or allow any agreed or estimated sum in satisfaction of all or any of my rights or liabilities ( c) to accept or concur in accepting payment for my share or for the whole of any such business as the case may be by such instalments upon such terms and in such manner as they shall think fit (d) to allow the whole or any part of my share in the capital of any such business to remain for a period not exceeding six months as a loan to the person or persons for the time being carrying on the same for such time under such conditions and upon such security as my Trustees may deem sufficient and (e) to take up or concur in taking up dispose of or otherwise deal with any option or contract in connection with any Stock Exchange or other financial transaction to or in which I or any firm in which I may be a partner may be entitled or interested at my death and for that or any like purpose to employ any moneys forming part of my estate so long as no part of my estate shall thereby be likely to be jeopardized.
14. My Trustees shall have power (a) to decide whether any moneys are to be considered as capital or income and out of what part of my estate and whether out of capital or income any expenses outgoings or other payments ought to be paid or borne and how valuations are to be made or value determined for any of the purposes of this my will and generally to determine all questions and matters of doubt arising in the execution of the trusts of this my will (and so that every decision whether made upon a question actually raised or implied in the acts or proceedings of my Trustees or not shall be conclusive and binding on all personas interested hereunder) (b) to pay out of capital any calls becoming due in respect of any shares or stock subject to the trusts hereof and to accept or refuse any new shares or stock allotted to my Trustees in respect of any investments for the time being subject to the trusts hereof and to sell the benefit of any allotment letter (and so that the proceeds of any such sale shall be treated as capital) and to make such arrangements on the reconstruction or winding up of any Company as they may think fit ( c) pending the making of an investment to deposit any money subject to the trusts of this my will at any joint stock or other Bank either at interest or otherwise as may be deemed expedient all which interest (if any) and all bonuses and other periodical payments in the nature of income accruing from or payable in respect of any part of my estate shall for the purpose hereof be deemed annual income and be applicable accordingly (d) in lending money on the security of any hereditaments to accept less than a marketable title and such valuation as they may think fit of the property offered as a security and (e) to deposit any deeds securities or instruments held by my Trustees as such for safe custody or receipt of dividends with any Banker of Banking Company or with any Company whose business it is to take charge of securities of that nature and to pay any sum charged for such deposit and custody
15. My Trustees shall not be liable for any loss occasioned by any compliance or non compliance with or any exercise or non exercise of any power conferred by any of the provisions herein before contained which provisions as well as this present provision shall operate in addition to all powers and all rights of indemnity by law given to Trustees.
16. My Trustees or Trustee for the time being or Executors or Executor shall not be bound in any case to act personally but shall be at full liberty to employ a Solicitor Stockbroker 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 paid all charges and expenses so incurred and shall not be responsible for the default of any such Solicitor or Agent or any loss occasioned by his employment and the said Charles Fallows Jones or any other Executor or Trustee for the time being hereunder being a Solicitor Stockbroker or other person engaged in any profession or business may be so employed or act and shall be entitled to charge and be paid all usual professional or other charges for business done by him or his firm in the premises whether in the ordinary course of his profession or business or not and although not of a nature requiring the employment of a Solicitor Stockbroker or other professional person.

IN WITNESS whereof I have hereunder set my hand this twenty seventh day of June One thousand nine hundred and nineteen - PERCY F HEYBOURN - Signed by the above named testator in our joint presence and attested by us jointly in his presence: -
H ST GEORGE SYMS 11 Lincolns Inn Fields Solr -
WILLIAM H MAYNES His Clerk -

I PERCY FRANCIS HENRY HEYBOURN of Temple Croft Staines in the County of Middlesex a Member of the London Stock Exchange hereby declare this to be a codicil to my will which bears date the twenty seventh day of June One thousand nine hundred and nineteen

1. I hereby revoke the legacy of One thousand pounds bequeathed by my said will to my Brother Alfred Reginald Heybourn and the further legacy of One thousand pounds bequeathed to him in certain events
2. I also revoke the trust and bequest to my said Brother Alfred Reginald Heybourn during his life of the income of a share in my residuary estate and premises bequeathed by my said will and I declare that the trusts declared in my said will of the share in my residuary estate of my said brother Alfred Reginald Heybourn and his children or child shall operate and take effect as if he had predeceased me

And in all other respects I confirm my said will

IN WITNESS whereof I have hereunto set my hand this Twelfth day of February One thousand nine hundred and twenty three -

PERCY HEYBOURN
Signed by the above named testator as a Codicil to his will in our joint presence and attested by us jointly in his presence:-
H ST GEORGE SYMS 11 Lincolns Inn Fields Solr -
H. B. HUGHES 11 Lincoln Inn Fields W C Solicitor -

THIS IS A SECOND CODICIL to the last will of me PERCY FRANCIS HENRY HEYBOURN of Temple Court Staines in the County of Middlesex which will is dated the twenty seventh day of June One thousand nine hundred and nineteen Whereas by my said will I have bequeathed to my wifes Nephew John Newman (formerly Jacques Adolph Eckhous) the sum of Five hundred pounds Now I hereby revoke the said legacy and declare that my said will shall be read and construed as if the said John Newman had predeceased me In all other respects I confirm my said will as altered by the Codicil thereto dated the Twelfth day of February One thousand nine hundred and twenty three -

AS WITNESS my hand this twenty first day of September One thousand nine hundred and twenty five - PERCY F HEYBOURN -

Signed by the above named Testator as a second Codicil to his will in our joint presence and attested by us jointly in his presence:-
CHAS F JONES 56 Moorgate Street London Stockbroker -
ANNIE GODDEN Temple Croft Staines -

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

(Listed in the margin next to this will the following)
Fiat Dec
8^th 1927.
Re-sealed
Dec 8/27.
Estate sworn
at $1305.00