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A Collection of Newfoundland Wills
(J)
Charles Jeffryes

 

Will of Charles Jeffryes
from Newfoundland will books volume 14 pages 23-26 probate year 1927

In re
     CHARLES JEFFRYES.     DECEASED.

This is the last Will and Testament of me Charles Jeffryes of Treleaven Alderton Hill Loughton in the County of Essex Esquire I revoke all former wills and testamentary dispositions I appoint my dear wife Florence Eliza Jeffryes my son Russell Jeffryes and my brother Thomas Jeffryes of Langford House Buckhurst Hill in the said County of Essex Executors and Trustees of this my will
I bequeath to my wife absolutely free of all duty all my watches jewels trinkets personal ornaments and wearing apparel and all my furniture plate plated goods linen glass china books manuscripts pictures prints statuary musical instruments articles of vertu and all other articles of personal domestic or household use or ornament wines liquors and consumable stores and provisions and all my motor cars and motor accessories plants and garden tools and implements

I give devise and bequeath all the rest residue and remainder of my property estate and effects whatsoever and wheresoever both real and personal unto and to the use of my wife and the said Russell Jeffryes and Thomas Jeffryes their heirs executors and administrators according to the nature thereof respectively Upon trust that my wife and the said Russell Jeffryes and Thomas Jeffryes or the survivors or survivor of them or the executors or administrators of such survivor or other the trustees or trustee for the time being of this my will (hereinafter called "my trustees") shall sell call in and convert the same into money at such times and in such manner as they shall think fit (with power nevertheless to postpone such sale calling in and conversion so long as my trustees shall in their absolute discretion think fit) and shall out of the moneys to arise from such sale and conversion of or forming part of my said real and personal estate pay my funeral and testamentary expenses and debts and the legacies bequeathed by any codicil hereto and the duties on any legacies or bequests given free of duty and subject thereto shall invest the residue of the said monies in any stocks funds or securities authorized by law for the investment of trust monies with power from time to time to vary or transpose the same into or for others of a nature hereby authorised and my trustees shall stand possessed of the said monies and the investment for the time being representing the same (hereinafter called "my residuary estate") Upon trust out of the net income thereof to pay to my daughter Florence Hilda Jeffryes during the joint lives of herself and my wife the annual sum of fifty pounds free of duty and free of income tax by equal quarterly payments (the first of such quarterly payments to be payable three calendar months after my death) for her sole and separate use without power of anticipation and subject thereto Upon trust to pay the net income arising from my residuary estate to my wife during her life and from and after the death of my wife my trustees shall stand possessed of my residuary estate and the income thereof In trust for such of my children the said Russell Jeffryes and Florence Hilda Jeffryes as may be living at the death of the survivor of me and my wife and if more than one in equal shares except and provided that the share of the said Florence Hilda Jeffryes if she shall not have married at the time of the death of the survivor of me and my wife shall be double the share of the said Russell Jeffryes Provided nevertheless and I declare that if either of them the said Russell Jeffryes and Florence Hilda Jeffryes shall predecease me or my wife leaving a child or children living at the death of the survivor of me and my wife such child or children being male and attaining the age of twenty one years or being female and attaining that age or marrying shall take by substitution and if more than one in equal shares the share in my residuary estate which his her or their deceased parent would have taken had he or she survived me and my wife and in the case of the said Florence Hilda Jeffryes been married at the time of the death of the survivor of me and my wife Provided always and I declare that the share in my residuary estate hereinbefore given to my said daughter Florence Hilda Jeffryes shall not be paid or transferred to or vest absolutely in her but shall be retained by my trustees and held upon the trusts and subject to the powers and provisions hereinafter declared and contained concerning the same that is to say my trustees shall during the life of the said Florence Hilda Jeffryes pay the income of her said share to her and so that during coverture the same shall be for her separate use without power of anticipation and shall after the death of the said Florence Hilda Jeffryes hold such share and the future income thereof Upon trust for all or such one or more exclusively of the others or other of the children or remoter issue of the said Florence Hilda Jeffryes such remoter issue to be born and take vested interests within twenty one years after her death at such age or time or respective ages or times if more than one in such shares and generally in such manner in all respects as the said Florence Hilda Jeffryes shall by deed or deeds revocable or irrevocable or by will or codicil appoint and in default of and subject to any such appointment In trust for all or any the children or child of the said Florence Hilda Jeffryes living at the death of the survivor of me and wife or born afterwards he being a son or sons attain the age of twenty one years or being a daughter or daughters attain that age or marry if more than one in equal shares Provided always and I declare that no child of the said Florence Hilda Jeffryes who or whose issue shall take any part of the share of the said Florence Hilda Jeffryes under any appointment by her under the power hereinbefore contained shall in default of appointment to the contrary be entitled to any share of the unappointed part thereof without bringing the share or shares or interest appointed to him or her into hotchpot and accounting for the same accordingly Provided always and I declare that in case the trusts hereinbefore declared concerning the share of the said Florence Hilda Jeffryes 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 such powers my trustees shall hold the said share and the income thereof In trust for the person or persons who would have been entitled thereto if the said Florence Hilda Jeffryes had predeceased me or my wife I declare that the power of appointing a new trustee or new trustees of this my will shall be vested in my wife during her life

I declare that all the net rents profits and income arising from my real or personal estate until the sale calling in and conversion thereof in whatever condition or state of investment the same may be and whether consisting of investments of an authorized nature or not (including property of a terminable or wearing out nature) shall for all the purposes of this my will and as between all persons interested thereunder and as well during the first year after my death as afterwards be applied as if the same were income arising from the proceeds of sale calling in or conversion or the investments of such proceeds no part thereof being liable to be retained as capital but that no reversion or other property not actually producing income shall be treated as producing income for the purposes of this my will IN WITNESS whereof I have hereunto set my hand this thirty first day of May one thousand nine hundred and twenty.    CHARLES JEFFRYES

Signed and declared by the said testator as and for his last will and testament in the presence of us both 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 -
EDW. B. HOULSTON - 75, Coleman Street    E. C. 2. Solicitor.
ALBERT THOS. NORTH Clerk to Messrs Waller Neale & Houlston 76 Coleman Street    E. C. 2. Solicitors.

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

(Listed in the margin next to this will the following)
Fiat May 18th
1927.
Warren J.
Re-sealed
May 18/27.
Estate sworn
at $1584.00

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

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

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