Will of Edward Arthur Hoare, from Newfoundland will books volume 15 pages 485 to 489 probate year 1931

IN RE.                              DECEASED
Edward Arthur Hoare.

I EDWARD ARTHUR HOARE of 30 Bullingham Mansions Pitt Street Kensington, London, W.B. Revoke all wills codicils and other testamentary dispositions heretofore made by me and declare this to be my last will.

1. I appoint Lloyds Bank Limited (hereinafter called the Bank) to be the executor and trustee of this my will And I declare that the bank shall and may in the discharge of its duties as such Executor and Trustee and in the exercise of all discretionary and other powers as such Executor and trustee act by any officer or officers appointed by the Bank in that behalf and the bank or such officer or officers shall be at full liberty instead of acting personally to employ a Solicitor Broker or any other agent to transact all or any business required to be done in relation to my estate (including the receipt and payment of money) and the Bank may (without being liable to account for any profit thereby made in the ordinary course of its business in respect thereof) retain as Bankers on current account or deposit account or advance all moneys necessary or convenient to be retained or advanced as aforesaid in connection with my estate and shall be entitled to be allowed and paid all charges and expenses incurred by reason of such employment as aforesaid and all such advances as aforesaid and all other costs charges payments and expenses as may be properly be incurred or made in connection with my estate or in reaction to the premises together with such interest commission and other banking charges in respect of any such payments expenses costs and advances as aforesaid as the Bank by its custom charges its customers in the ordinary course of its business for moneys advanced and the Bank shall also be entitled to remuneration for its services as Executor and Trustee of this my will in accordance with the Banks scale of fees in force at the date of entering on the trust or such other remuneration as may have been agreed upon in writing between myself and the Bank previously thereto AND I declare that such moneys and remuneration payable to the bank as aforesaid shall be free from duties and from deductions for charges and expenses which may be properly incurred in connection with the promises as aforesaid and shall rank in priority to any legacy or annuity given by this my will or any Codicil hereto AND I declare that in any case in which a solicitor is employed under the power hereinbefore contained the firm of Messieurs Bischoff Coxe Bischoff and Thompson of 4 Great Winchester Street, London E.C. shall unless there are reasons to the contrary be employed without prejudice to the right of the Bank to consult its own Solicitor at the expense of my estate in any case in which it shall think fit to do so AND I hereby declare that the Bank shall be entitled in addition to the remuneration before mentioned to retain for its own use and without being liable to account therefor the customary share of Brokers commission on the sale or purchase of investments.
2. I give the following pecuniary legacies all free of duty:- (a) to each grandchild of mine who shall be living at my death the sum of Fifty pounds and I direct that if any such grandchild shall be an infant at the time of my death the receipt of his parent or guardian shall be a good discharge to the Bank.
   (b) To each of the servants in my employment at the time of my death who shall have been in such employment continuously for one year prior to my death and who shall not at the time of my death be under notice to leave whether given or received the amount of one years wages in addition to and wages or other moneys owing to them respectively from me at my death.
   (c) To my son Edward Geoffrey Hoare Five hundred pounds and it is my wish but without creating any trust to that effect that he will distribute the said sum of Five hundred pounds or such part thereof as he may think fit amongst servants past and present who have given me faithful service in accordance with written directions which I have left among my papers.
3. I give free of duty all my presentation plate cups and medals to my said son Edward Geoffrey and I desire my said son to preserve the said chattels in his family as heirlooms.
4. I give free of duty all the residue of my plate and plated goods to my sons Edward Geoffrey and John Edward to be divided between them as they shall mutually agree.
5. I give and devise free of duty to my said son Edward Geoffrey his heirs and assigns all the real estate of which I may die seised or possessed situate in England or in any part of the Dominion of Canada or elsewhere and also all the contents of any flat or house occupied by me at the time of my death (save and except as herein otherwise provided and except money or securities for money) and also any other furniture belonging to me at the time of my death.
6. I give and appoint all the residue of my estate whatsoever and wheresoever of or to which I shall be possessed or entitled at the time of my death or ever which I may have a general power of appointment or disposition by will (but not so as to exercise any special power of appointment conferred on me by any will or settlement or otherwise) and not hereinbefore specifically disposed of to the Bank upon trust that the Bank shall sell call in collect and convert into money my said estate at such time or times and in such manner as it shall think fit and so that it shall have the fullest powers and discretion to postpone the sale calling in and conversion of the whole or any part thereof during such period as it so shall think fit without being responsible for loss.
7. And out of my ready money and the proceeds of such sale calling in conversion as aforesaid the Bank shall pay all my funeral and testamentary expenses and debts and the legacies hereby or by any codicil hereto bequeathed (such legacies to be paid primarily out of my personal estate) and the duties on such of them as are given free of duty and all estate duty succession duty and other death duties or incurement value duty payable in respect of any real estate hereinbefore devised to my son Edward Geoffrey and shall stand possessed of the net residue of my estate as to one half thereof (hereinafter called John Edward's share) upon the trusts hereinafter declared in favour of my said son John Edward.
8. I declare that the Bank shall stand possessed of Edward Geoffrey share
   (A) Upon trust to invest the same in any manner which the bank may in its absolute discretion think fit whether such investments be investments authorised by Statute to behold by trustee or not with power to vary the same from time to time for others which the bank may similarly select.
   (B) And the Bank shall stand possessed of the investment or the investments for the time being representing Edward Geoffrey share.
   (C) Upon trust to pay the income thereof to my said son Edward Geoffrey during his life.
   (D) And after his death upon trust to pay the income thereof to any widow who may survive him during her life without power of anticipation during any coverture.
   (E) And after the death of my said son and the death or failure of interest of any widow who may survive him whichever shall last happen upon trust as to capital and income for such one or more exclusively of the others or other of the children or remoter issue of the said Edward Geoffrey by any marriage such remoter issue to be born and take vested interests within twenty one years after the death of my said son at such age or times and with such future or other trusts for their respective benefit or otherwise and generally in such manner as my said son shall from time to time by any deeds or deed revocable or irrevocable or by will or codicil appoint.
   (F) And in default of and subject to any such appointment as aforesaid then in trust for all or any of the children or child of my said son Edward Geoffrey by any wife who being sons shall attain the age of twenty one or being daughters shall attain that age or marry under that age and if more than one in equal shares.
   (G) Provided that any share appointed to a child or his or her issue under the power hereinbefore contained shall in default of appointment to the contrary be brought into hotchpot by such child or issue in the division of the unappointed part of the said trust promises.
   (H) I declare that in the event of the failure or determination of the trusts in the preceding sub-clause of this clause of my will declared and contained concerning the Fund therein called Edward Geoffrey share such share and the income thereof or so much thereof as shall not have been applied or disposed of under the trusts or powers herein contained shall be held in trust for my son Edward Geoffrey absolutely.
   (I) I declare that if my said son Edward Geoffrey should do or attempt to do or suffer any act or thing or in case any event shall happen either in my lifetime or after my death whereby my said son Edward Geoffrey would in the absence of this present provision be prevented from receiving all or any part of the annual income of Edward Geoffrey's share payable to him under this my will then the trusts hereinbefore contained for payment to him of such annual income shall not take effect or shall cease as the case may be and such annual income shall from time to time during the residue of his life be paid or applied by the Bank at its discretion in or towards the maintenance or support or otherwise for the benefit of all or any of the following persons namely, my said son Edward Geoffrey, any wife of my said son and any children or remoter issue of my said son or any one or more of them exclusively of the others or other in such way and in such porportions as the Bank shall in its unfettered discretion think fit.
9. I declare that the Bank shall hold John Edward's share upon trust to invest the same in like manner as is herein declared and directed concerning Edward Geoffrey's share and shall pay the annual interest dividends and income thereof to my said son John Edward during his life and after his death shall stand possessed of the capital and income of John Edwards share upon the trusts upon which under and by virtue of this my will and of any valid appointment made in pursuance of any power hereby given Edward Geoffrey's share is for the time being held Provided always and I declare that if my said son John Edward shall do or attempt to do or suffer any act or thing or in case any event shall happen either in my lifetime or after my death whereby my said son John Edward would in the absence of this provision be prevented from receiving all or any part of the annual income of John Edward's share payable to him hereunder then the trust hereinbefore contained for payment to him of such annual income shall not take effect or shall cease as the case may be and such annual income shall during the residue of his life be paid or applied by the Bank at its discretion in or towards the maintenance or support or otherwise for the benefit of all or any of the following persons namely my said son John Edward my said son Edward Geoffrey and any children or remoter issue of my said Edward Geoffrey or any one or more of them exclusively of the others or other in such way and in such porportions as the Bank shall in its unfettered discretion think fit.
10. I authorise the Bank at its discretion to appropriate any part of my estate in its then actual condition or state of investment in or towards satisfaction of Edward Geoffrey's share or John Edward's share with power for that purpose conclusively to determine the value of my said estate or any part or parts thereof in such manner as they shall think fit.
11. I direct that all income arising from my estate hereinbefore given upon trust for sale and conversion prior to sale or conversion thereof whether from property or investments of a wasting or hasardous nature or otherwise shall from my death be applied as income no part thereof being liable to be retained as capital and no property not actually producing income shall be treated as producing income.
12. I declare that the remuneration and charges hereinbefore directed to be paid to the Bank shall so far as they are calculated in relation to the capital of my estate be raised and paid out of my said residuary estate and so far as they are calculated in relation to the income of my estate be borne by such income.
13. I direct that all voluntary allowances which I may be making at the time of my death shall be apportioned and paid up to the date thereof.
14. In exercise of the power of appointment vested in me under my marriage settlement which is dated the Seventeenth of July one thousand eight hundred and seventy six I appoint declare and direct that the trustees of the said settlement for the time being shall from and after my death stand possessed of the moneys and property for the time being held under the trusts thereof (subject to the payment of any death duties properly payable in respect of the same) upon the trust following that is to say:
    (i) As to three equal fourth parts in value thereof upon trust for my said son Edward Geoffrey absolutely.
    (ii) As to the remaining one equal fourth part in value thereof upon trust for my said son John Edward absolutely.

IN WITNESS whereof I have hereunto set my hand this eighth day of July one thousand nine hundred and twenty seven.

R.A. HOARE

Signed by the above named Edward Arthur Hoare as his last will and testament in the presence of us who at his request and in his presence and in the presence of one another have subscribed our names as witnesses
William R. Strahan                   Charles Breneden
4 Crest Winchester Street            2 Elist Cottages
E.C.     SOLICITOR                    Blackheath Kent
                                                      Solicitor's Clerk

I Edward Arthur Hoare of 30 Bullingham Mansions Pitt Street Kensington, London, W.B. declare this to be codicil to my will which bears date the eighth day of July one thousand nine hundred and twenty seven.

1. I hereby revoke Clause 3 of my said will.
2. I hereby declare that clause 4 of my said will shall be read and construed and in all respects take effect as if the words "the residue of" in the first line thereof were deleted.
3. In all other respects I confirm my said will.

In witness whereof I the said Edward Arthur Hoare have hereunto set my hand this twenty ninth day of October one thousand nine hundred and twenty nine.

E.A. Hoare.

Signed by the above named Edward Arthur Hoare as and for a codicil to his will dated the 8^th day July 1927 in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.

Thomas H. Bischoff                             Frank H. Pitt
4 Gt. Winchester Street                          4 Gt. Winchester Street
London E.C.  2.   Solicitor                     London E.C. 2   Solicitor's Clerk

I Edward Arthur Hoare of 30 Bullingham Mansions Pitt Street Kensington, London, W.B. declare this to be a second Codicil to my will which bears date the Eighth day of July one thousand nine hundred and twenty seven and the former Codicil whereto bears date the twenty ninth day of October one thousand nine hundred and twenty nine.

1. I hereby revoke sub-clause "c" of clause 2 of my said will.
2. I bequeath to Mary Anne Clements a legacy of one hundred pounds free of duty.
3. I bequeath to the trustees of my said will the sum of One thousand pounds free of duty Upon trust to invest the same in or upon any investments which it in its sole and unfettered discretion shall from time to time think fit and to stand possessed of the investments for the time being representing the same upon trust to pay the income thereof by four quarterly instalments on the usual quarter days to Marian May Joice during her life in recognition of the help she afforded me for many years And upon the death of the said Marian May Joice I declare that the said sum of one thousand pounds or the investments for the time being representing the same shall fall into and form part of the residue of my estate and shall be held by my trustees upon and subject to the trusts declared in my said will of and concerning my said residue.
4. In all other respects I confirm my said will and the said former Codicil thereto.

In witness whereof I the said Edward Arthur Hoare have hereunto set my hand this twenty fourth day of July one thousand nine hundred and thirty.

R.A. Hoare

Signed by the above named Edward Arthur Hoare as a second codicil to his last will in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses.
William R. Strahan
4 Great Winchester Street
E.C.   Solicitor

Frank E. Pitt
4 Gt Winchester Street
London E.C.   Solicitors Clerk

Correct.

William F. Lloyd
Registrar of the Supreme Court of Newfoundland

Written in the top right-hand margin:
Fiat
W. H. Horwood
C.J.  Sept 10/31
Resealed on
the 10^th day of
September 1931
Value of Estate
$1579.81