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A Collection of Newfoundland Wills
(K)
Beryl Fort Kelsey

 

Will of Beryl Fort Kelsey, from Newfoundland will books volume 15 pages 100 to 103 probate year 1930

IN RE.                    DECEASED

BERYL FORT KELSEY

THIS IS THE LAST WILL AND TESTAMENT of me BERYL FORT KELSEY of the Haven Aldwick Avenue Begner in the County of Sussex Widow  I revoke all former wills and testamentary writings heretofore made by me  I appoint my Brother Gerard Fort Buckle and my friend Charles Armstrong of Cambridge Gentlemen to be the EXECUTORS and TRUSTEES of this my will  I devise and bequeath to my mother Edith Buckle an immediate legacy of One thousand pounds and to my Brother the said Gerard Fort Buckle and immediate legacy of the same amount one thousand pounds both free of duty and both to be paid or retained out of the first moneys which shall come to the hands of my Executors also I give to my mother my Car and my furniture and effects including all articles of personal use and ornament and all plate silver and pictures belonging to me for her own use absolutely  I devise and bequeath all my real and personal estate not hereby otherwise disposed of unto my Trustees Upon Trust that my Trustees shall sell call in and convert into money the same or such part thereof as shall net easiest of money and shall out of the moneys produced by such sale calling in and conversion and out of my ready money pay my funeral and testamentary expenses and debts and the legacies bequeathed by my will or any codicil hereto and shall at their discretion invest the residue of the said moneys with power from time to time to vary the investments and shall stand possessed of the residue of the said moneys and the investments for the time being representing the same (hereinafter called the residuary trust fund)  Upon trust as the three fourth parts of the residuary trust fund to pay the income thereof to my mother the said Edith Buckle during her life and after the death of my said mother my Trustees shall stand possessed of the same Upon trust as to one neiety of the residuary trust fund for my nephew Edward Dobbin Grierson if and when he shall attain the age of twenty one years and if he shall in my lifetime or under the age of twenty one years my Trustees shall stand possessed of the same
neiety of the residuary trust fund in trust to pay the income thereof to my said Brother Gerard Fort Buckle during his life and after his death In trust for all the children of my said Brother who being sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry in equal shares and if there shall be only one such child the whole shall be in trust for that one child and as to one fourth of the residuary trust fund at my decease during the lifetime of my mother and at her decease as is the other or remaining moiety of the residuary trust fund my Trustees shall stand possessed of the same in trust to pay the income thereof to my said brother Gerard Fort Buckle during his life and after his death IN trust for all the children of my said brother who being sons shall attain the age of twenty one years or being a daughter shall attain that age or marry in equal shares and if there shall be only one such child the whole shall be in trust for that one child and if there shall be no child of my said Brother who being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry under that age my Trustees shall stand possessed of the said one fourth during my Mothers lifetime and at her decease the last mentioned moiety of the residuary trust fund In trust for my said nephew Edward Dobbin Grierson if he shall survive me and attain the age of twenty one years and as to the first mentioned moiety I empower my trustees with the consent in writing of my said mother during the minority of the said Edward Dobbin Grierson to raise and pay for the maintenance education and advancement in life of the said Edward Dobbin Grierson the whole or such part thereof as my Trustees shall think meet and as to the secondly mentioned moiety I empower my Trustees after the death of my mother with the consent in writing of my said brother during his life and during the minority of any child of his to raise and pay and apply for the maintenance education or advancement in life of that child in whole or such part thereof as my Trustees shall think fit of the share to which such child shall then be presumptively entitled in that moiety and I declare that of the said Edward Dobbin Grierson shall die in my lifetime or under the age of twenty one years and if my said brother shall die without leaving any child who being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry under that age the Trustees or Trustee for the time being of this my will shall raise out of the residuary trust a sum equal to five per cent of the value of the residuary trust fund and retain the same in equal shares if more than one for their or his own benefit as some acknowledgment of their or his trouble in executing the trusts of this my will and my Trustees or Trustee shall stand possessed of the remainder of the residuary trust fund as to any moiety thereof Upon trust for the following charitable institution or Institutions or objects having their immediate connection with Tonbridge Wells and the neighbourhood namely:- The General Hospital Grosverer (?) Road Tunbridge Wells the receipt of the Treasurer for the time being of that Institution being a sufficient discharge to my Executors or Trustees for the same And as to the other moiety or remainder of the residuary trust fund Upon trust for the following charitable Institution or Institutions or charitable objects in England namely to Dr Bernardes Hemes Tunbridge Wells Branch I give my Dogs & puppies and a legacy of Five hundred pounds to Clive Winston Nendarvis Trist who has taken care of my dogs for sometime past I declare that my trustees may postpone the sale and conversion of any part of my property (including leaseholds or other property of a terminating or wearing out nature) for so long as they shall think fit and that they shall not sell or convert into money reversionary property before it falls into possession unless in their opinion it shall be necessary to do so to prevent loss and I direct that the profits and income to accrue after my death from such part of my estate as shall for the time being remain unsold and unconverted shall after payment thereout of all incidental expenses and outgoings and howsoever instead shall be paid and applied to the person or persons and in the manner to whom and in which the income of the proceeds of such sale and conversion would for the time being be payable or applicable under my will if such sale and conversion had been actually made I declare that as regards any real or leasehold property remaining unsold my Trustees may let or demise the same either from year to year or for any term of years at such rent and subject to such covenants and conditions as they shall think first and may accept surrenders of leases and tenancies cut timbers expend money in repairs and improvements and generally manage the property according to their absolute discretion I declare that all moneys liable to be invested under my will shall be invested in any stocks funds or securities for the time being authorized by law for trust money or on mortgage or on any leasehold house or land in England or Wales held for any term having at least sixty years to run at the time of the investment (with liberty for my Trustees to dispense with the production of the Lessors titles) or on mortgage of a life interest on real or personal Property together with Policy of Insurance on the life on which such interest shall be holden I declare that my Executors and Trustees may instead of acting personally employ and pay an Accountant Solicitor or other person to transact any business or do any act required to be be done in connection with the administration of the estate or the trusts hereby declared including the receipt and payment of money and that any Executor or Trustee being a solicitor or other person engaged in any profession or business may be so employed and shall be entitled to charge and be paid all professional or other charges for any business or act done by him or his firm in connection with the trusts including any act which an executor or trustee not being a Solicitor or other person engaged as aforesaid could have done personally I declare that the statutory power of appointing new Trustees shall for the purposes of this my will be vested in my said Mother during her life and after her death is my said Brother during his life and that the personal representatives or representative for the time being of a last surviving or continuing Trustee may act as the Trustee or Trustees of my will until the appointment of a new Trustee or new Trustees IN WITNESS whereof I have to this my will contained in this and the preceding three sheets of paper set my hand this eight day of March one thousand nine hundred and twenty four.
BERYL FORT KELSEY - Signed by the testatrix as and for her last will and testament in the presence of us present at the same time who in her presence at her request and in the presence of each other have hereunto set our names as witnesses:-
G.B. Walter Clerk to Barclays Bank Bognor
H.V. Squires Solicitor Cambridge (Goodman Squires & Co.)
CODICIL to the will of BERYL FORT KELSEY of Manor Lodge Thames Dition Surrey
I leave my Nephew Edward Debbin Grierson half of any monies left me by my mother Edith Buckle which are or may accrue from The John Fort Trust Fund (less 200.0.0 (Two hundred pounds) which would have been his mothers (Ruby Fort Grierson) share of the John Fort Trust Fund had she lived in accordance with my mothers intentions when she left me 2/3 (two third) share of her share in the John Fort Trust Fund by Deed of Poll dated the 16th day of August 1921
Signed BERYL FORT KELSEY the 17th day of February 1926
Witness A.R. Findlay address Barclays Bank Ltd 89 George Street Richmond Surrey Bank Clerk
Witness A.C. Goldsmith address Barclays Bank Ltd 89 George Street Richmond Surrey Cashier

CORRECT.

William F. Lloyd (signature)
Registrar of the Supreme Court of Newfoundland

Written in the top right-hand margin of page 100:
Fiat
W. J. Higgins
Judge
Feby 24/30
Resealed on the
25th day of
February
A.D. 1930
Value of Estate
$2997.87

 

 

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

Page Revised by Ivy F. Benoit (Sunday July 02, 2017)

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