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A Collection of Newfoundland Wills
(K)
William Keswick

 

Will of William Keswick
from Newfoundland will books volume 10 pages 415 to 426 probate year 1916

In re
      WILLIAM KESWICK       deceased.

      This is the last will and testament of me William Keswick of Eastwick Park in the County of Surrey Esquire Member of Parliament.    I appoint my son Henry Keswick and my brother James Johnstone Keswick and John Matheson MacDonald of Number 3 Lombard Street in the City of London Esquire and Norman Macdonald of Number 3 Lombard Street aforesaid Esquire to be the executors of this my will and I appoint the said James Johnstone Keswick and Norman Macdonald and William Paterson of Broomlands in the said County of Dumfries Esquire to be the trustees of my will and the said James Johnstone Keswick Norman Macdonald and William Paterson and the survivors and survivor of them and the executors or administrators of such survivor or other the trustees or trustee for the time being of my will are hereinafter called “my trustees or trustee” and I appoint my trustees or trustee to be the trustees or trustee of my will for the purposes of the Settled Land Acts 1882 to 1890 and of section 42 of the Conveyancing and Law of Property Act 1861.

      2. I declare that if my wife Alice Henrietta Keswick shall at any time during her life desire to sell my mansion house of Eastwick Park hereinafter devised and the park pleasure grounds and gardens held therewith or any part thereof then my said son Henry Keswick or if he is dead his legal personal representatives or representative shall have the option of buying all the hereditaments and premises hereinafter devised to the use of my trustees and which shall then remain unsold and also all the investments and moneys which may then represent any part of the said hereditaments and premises which may then have been sold and also (but subject to the power hereinafter given to my said wife) all the chattels and effects hereinafter included under the designation of “the chattels” at one aggregate price of fifty thousand pounds such option to be declared by him or them in writing addressed to my trustees or trustee within one calendar month after my said wife shall have given notice to my trustees or trustee of her intention to make such sale as aforesaid or within such extended period (if any) as my trustees or trustee may in their or his uncontrolled discretion think fit to allow And if he or they shall exercise such option of purchase then the said sum of fifty thousand pounds shall be paid within three calendar months after the date on which he or they shall have declared such option as aforesaid and upon payment thereof the said hereditaments premises investments moneys chattels and effects shall be assured by my trustees or trustee to my said son or his legal personal representatives or representative (as the case may require) but at his or their expense in all respects so as to vest the said premises in him or them in fee simple and absolutely free from all encumbrances or charges thereon whether existing at my death or created afterwards other than and except certain rent charges amounting in all to sixty pounds per annum or thereabouts now payable for certain charitable or other similar purposes out of my Eastwick Estate or some part thereof (which said rent charges are to remain and be charged thereon) And the said purchase money of fifty thousand pounds shall be held by my trustees or trustee upon the same trusts and with and subject to the same powers and provisions in all respects as though it were capital money arising from a sale made by my said wife of the Eastwick Park Estate or some portion thereof under her statutory powers as tenant for life thereof Provided always and I declare that the option hereinbefore given to my said son or his legal personal representatives or representative shall come into operation only if my said wife shall take any steps for the purpose of selling my said Mansion House with the park gardens and pleasure grounds belonging thereto or some part thereof and not in any other event And subject and without prejudice to such option I devise and bequeath all that my manor or Lordship of Great Bookham with all and every the rights royalties members and appurtenances thereof situate and being in the Parish of Great Bookham or elsewhere in the County of Surrey and all and singular my capital messuage or mansion house known as Eastwick Park with the offices park gardens and pleasure grounds belonging thereto and all other my houses cottages arms lands tenements and hereditaments situate arising and being in the Parishes of Great Bookham Little Bookham and Fetcham or some or one of them or elsewhere in the County of Surrey and whether known as the Eastwick Park Estate or by whatsoever name the same may be known or distinguished and whether the same be of freehold copyhold or leasehold tenure free and clear of from any mortgages or charges (other than as aforesaid) to which the same may be subject at my death all which mortgages or charges (if any) shall be paid out of my residuary estate as hereinafter directed unto and to the use or my trustees hereinbefore named their heirs executors administrators and assigns Upon trust for my said wife during her life without impeachment of waste and from and after her death Upon trust for my said son Henry Keswick his heirs executors and administrators.

      3. I bequeath free of duty to my said wife all my wines liquors and consumable stores and provisions and all my horses cows and live stock and all my garden plants tools and implements and also such of the chattels and things hereinafter bequeathed to my trustees as my trustees or trustee may in their or his uncontrolled discretion consider by reason of their perishable nature or trifling value or for any other similar reason unsuitable to be settled as to which a statement in writing signed by my trustees or trustee shall be conclusive.

      4. If my said wife shall sell my said Mansion House then I declare that it shall be lawful for her at any time before the actual completion of the sale to take and select for her own absolute benefit all or any part of my plate plated articles furniture linen glass china pictures prints music musical instruments books manuscripts articles of vertu and other articles of personal domestic or household use or ornament and all or any of my motor cars carriages saddlery harness and stable furniture and farming stock other than and besides such of the said premises as are hereinbefore given to my said wife (which said plate furniture and other chattels and things are hereinafter called “the chattels) and I bequeath to her accordingly free of duty the chattels and things (if any) selected by her And subject thereto and subject also to the option of purchase hereinbefore given to my said son or his legal personal representatives or representative I bequeath the chattels free of all duties to my trustees hereinbefore named Upon trust that my trustees or trustee shall allow my said wife to have the use and enjoyment thereof during her life she keeping the same in proper repair and condition and adequately insured and after her death Upon trust for my said son Henry Keswick absolutely provided always and I declare that my trustees or trustee shall as soon as may be after my death cause an inventory to be made of the chattels and to be signed by my said wife and that after such inventory shall have been made and signed my trustees or trustee shall not be liable to see to the custody preservation or insurance of the chattels or be liable for any loss or damage which may happen thereto from any cause whatever.

      5. I give to my trustees hereinbefore named the sum of One hundred thousand pounds free of all duties and I direct that my trustees or trustee shall invest the same in or upon some or one of the investments hereinafter authorised with power to vary the same at discretion and shall hold the said sum and the investments for the time being representing the same (hereinafter called “the Settled Fund”) and the income thereof Upon trust to pay the said income thereof to my said Wife during her life and from and after her death I declare that my trustees or trustee shall stand possessed of the settled fund Upon trust to raise thereout the clear sum of seventy-eight thousand pounds free of all duties and costs and to hold the same upon the trusts hereinafter declared in favour of my daughters Alice Ivy Henrietta Keswick and Helen Kathleen Keswick and their issue and otherwise and Upon further trust to hold the residue of the Settled Fund Upon the trusts hereinafter declared in favour of my daughters Amy Sophie Eastwood Margaret Johnstone Keswick and Mary Muriel Keswick and their issue and otherwise Provided always and I declare that my trustees or trustee shall have absolute and uncontrolled power to appropriate out of the trust fund in or towards satisfaction of the said sum of seventy-eight thousand pounds any investments which they or he may deem reasonable and any investments so appropriated shall be held upon the same trusts and with and subject to the same powers and provisions as if they were investments of the said sum of seventy-eight thousand pounds made under the trusts in that behalf hereinafter contained.

      6. I declare that my trustees or trustee shall invest the said sum of seventy-eight thousand pounds in or upon some or one of the investments hereinafter authorised with power to vary the same at discretion and shall hold the said sum and the investments for the time being representing the same (hereinafter called “the first portions fund”) Upon trust for my said daughters Alice Ivy Henrietta Keswick and Helen Kathleen Keswick in equal shares Provided always and I declare that the share of each of my said last mentioned daughters in the first portions fund shall not be paid to her but shall be retained by my trustees or trustee upon the trusts hereinafter declared and that if either of my said daughters shall die in my lifetime her share shall not lapse but shall be retained upon such of the said trusts as shall be subsisting at my death And I declare that the trusts upon which the said respective shares are to be retained are and shall be as follows namely

  • (1) The income of such shares shall belong and be paid to such daughter during her life and during any coverture for her separate use without power of anticipation Provided always that if either of my said daughters shall die under the age of twenty one years any accumulations of the income of her share which may have been made during her minority shall not belong to her personal representatives but shall be added to and go as part of the capital of her said share
  • (2) After the death of such daughter the capital and income of the share of such daughter or so much thereof respectively as shall not have been paid or applied under any trust or power affecting the same shall be held in trust for all or any one or more exclusively of the others or other of the issue of such daughter whether children or remoter descendants at such time or times and if more than one in such shares with such provision for maintenance education advancement and otherwise at the discretion of any person or persons and with such gifts over and generally in such manner for the benefit of such issue or some or one of them as such daughter shall whether convert or sole by deed revocable or irrevocable or by will or codicil appoint And in default of and until and subject to any such appointment In trust for all or any the children or child of such daughter Who being male attain the age of twenty one years or being female attain that age or marry under it and if more than one in equal shares Provided always that no child of such daughter who or whose issue shall take any part of such share under any appointment by such daughter shall in the absence of any direction by her to the contrary take any share in the appointed part without bringing the share or shares appointed to him or her or his or her issue into hotchpot and accounting for the same accordingly Provided also that my trustees or trustee may after the death of such daughter or previously thereto with her consent in writing raise any part or parts not exceeding together one half of the presumptive or vested share of any child or other issue of such daughter under the trusts hereinbefore declared and may pay or apply the same for the advancement or benefit of such child or issue as my trustees or trustee may think proper
  • (3) If no child of such daughter shall attain a vested interest in such share under the trust in default of appointment hereinbefore contained then subject and without prejudice to the trusts and powers hereinbefore declared or implied herein by Statute in favour of such daughter and her issue and to any and every exercise of such powers respectively such share and all accumulations (if any) of the income thereof or so much thereof respectively as shall not have become vested or been paid or applied under any trust or power affecting the same shall accrue to and be held by my trustees or trustee as part of the share of my other daughter in the first portions fund and shall form one fund therewith for all purposes and shall be subject to all the trusts powers and provisions herein declared and contained concerning the same or such of the same trusts powers and provisions as may be subsisting Provided lastly that if no child or either of my said daughters shall attain a vested interest in the first portions fund under the trust in default of appointment hereinbefore contained then (subject and without prejudice as last aforesaid) the first portions fund and the income and statutory accumulations (if any) of the income thereof or so much thereof respectively as shall not have become vested or been paid or applied under any trust or power affecting the same shall be held upon trust for the said Henry Keswick absolutely
  • (4) Each of my said daughters may notwithstanding any of the trusts or powers hereinbefore contained concerning such daughters share from time to time or at any time while not under coverture by deed revocable or irrevocable and whether covert or sole by Will or codicil appoint to or for the benefit of any husband who may survive her during the residue of his life or any less period (subject or not subject to such conditions and with such gifts over and such discretionary or other trusts for the benefit of her husband and issue or otherwise as such daughter may think fit) all or any part of the annual income of her share in or (as the case may be) the whole of the first portions fund or of so much thereof as shall not before her death have been paid or applied under any of the powers hereinbefore contained And upon any such appointment and trusts and powers herein limited to take effect after the Death of the daughter so appointing shall take effect only subject and without prejudice to the interest limited by any such appointment and in the event of any such appointment being made the power of raising and applying money for the advancement of children or other issue shall not be exercisable by my trustees or trustee without the consent in writing of such appointee unless my daughter making such appointment shall by such appointment otherwise direct.

      7. I declare that my trustees or trustee shall hold the residue of the settled fund subject to and after payment or satisfaction of the said sum of seventy eight thousand pounds and the duties and costs aforesaid (which residue is hereinafter referred to as “the second portions fund”) As to one equal third part thereof Upon trust to pay or transfer the same to the persons or person who shall at my decease be the trustees or trustee of the settlement made upon the marriage of the said Amy Sophie Eastwood to be held by them or him upon the trusts and with and subject to the powers and provisions by and in such settlement declared and contained concerning the trust premises thereby settled by or on behalf of the said Amy Sophie Eastwood or such of the same trusts powers and provisions as may be then subsisting and so as to form one fund therewith for all purposes
As to one other equal third part thereof Upon trust to pay the annual income thereof to the said Margaret Johnstone Keswick (hereinafter called “my daughter Margaret) during her life and during any coverture for her separate use without power of anticipation and after her death (as to both capital and income of her said one third share of the second portions fund) In trust for all or any one or more exclusively of the others or other of the issue of my daughter Margaret whether children or remoter descendants at such time or times and if more than one in such shares with such provisions for maintenance education advancement and otherwise at the discretion of any person or persons and with such gifts over and generally in such manner for the benefit of such issue or some or one of them as my daughter Margaret shall whether covert or sole by deed 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 my daughter Margaret who being male attain the age of twenty one years or being female attain that age or marry under it and if more than one in equal shares Provided always and I declare that no child of my daughter Margaret who or whose issue shall take any part of her said share under any appointment by her shall in the absence of any direction by her to the contrary take any share in the unappointed part without bringing the share or shares appointed to his or her or his or her issue into hotchpot and accounting for the same accordingly Provided also and I declare that my trustees or trustee may after the death of my daughter Margaret or previously thereto with her consent in writing raise any part or parts not exceeding together one half of the presumptive or vested share of any child or other issue of my daughter Margaret under the trusts hereinbefore declared and may pay or apply the same for the advancement or benefit of such child or issue as my trustees or trustee may think proper Provided also and I declare that if no child of my daughter Margaret shall attain a vested interest in her said share under the trust in default of appointment hereinbefore contained then subject and without prejudice to the trustee and powers hereinbefore declared and contained or implied herein by statute in favour of my daughter Margaret and her issue and to any and every exercise of such powers respectively her said one third share of the second portions fund and the income and statutory accumulations (if any) of the income thereof or so much thereof respectively as shall not have become vested or been applied under any trust or power affecting the same shall be held Upon Trust for the said Henry Keswick absolutely Provided lastly and I declare that notwithstanding any of the trusts or powers hereinbefore contained concerning the said one third share of my daughter Margaret in the second portions fund my daughter Margaret may from time to time or at any time while not under coverture by deed revocable or irrevocable and whether covert or sole by Will or codicil appoint to or for the benefit of any husband who may survive her during the residue of his life or any less period (subject or not subject to such conditions and with such gifts over and such discretionary or other trusts for the benefit of her husband and issue and otherwise as she may think fit) all or any part of the annual income of her said share or of so much thereof as shall not before her death have been paid or applied under any of the powers hereinbefore contained And I declare that upon any such appointment the trusts and powers herein limited to take effect after the death of my daughter Margaret shall take effect only subject and without prejudice to the interest limited by any such appointment and in the event of any such appointment being made the power of raising and applying money for the advancement of children or other issue shall not be exercisable by my trustees or trustee without the consent in writing of the appointee unless my daughter Margaret shall by such appointment otherwise direct
And as to the remaining one equal third part of the second portions fund and the income thereof upon the like trusts and with and subject to the like powers and provisions in favour of the said Mary Muriel Keswick (hereinafter called “my daughter Mary) and her children and issue and husband and otherwise and with the like ultimate trust in favour of the said Henry Keswick as are hereinbefore declared and contained in relation to the one third share of my daughter Margaret in the second portions fund and the income thereof in the same manner in all respects as if such trusts powers and provisions were herein repeated with the substitution of the name of my daughter Mary for the name of my daughter Margaret.

      8. I declare that pending the absolute vesting in possession of the said one third shares of the second portions fund hereby settled in favour of my daughter Margaret and my daughter Mary respectively and otherwise as hereinbefore set forth my trustees or trustee shall have the same powers of investment and varying investments as are hereinbefore given to them or him in relation to the said sum of one hundred thousand pounds and the investments representing the same during the life of my said wife.

      9. WHEREAS by an Indenture dated the twenty fifth day of January one thousand nine hundred and twelve and made between myself of the first part the said Henry Keswick of the second part the said Amy Sophie Eastwood of the third part my daughter Margaret of the fourth part and my daughter Mary of the fifth part in exercise of the power for that purpose given to me by my first marriage settlement I appointed certain trust premises forming part of the trust funds subject to the said settlement to the said Amy Sophie Eastwood free from all duties and costs and released my life interest in the said trust premises to her to the intent that they might be forthwith transferred to her and appointed the residue of the said settled trust funds to my daughter Margaret and my daughter Mary in equal shares and released my life interest therein to them to the intent that such residue might subject to the commutation and payment of all death duties payable or to become payable in respect of the whole of the said settled funds and to the payment of all costs of and incidental to the Indenture in recital and to the transfer to the said Amy Sophie Eastwood my daughter Margaret and my daughter Mary respectively of the said trust premises thereby appointed to them respectively be forthwith transferred to my daughter Margaret and my daughter Mary in equal shares NOW I hereby bequeath to each of them my daughter Margaret and my daughter Mary free of all death duties a sum equal to one half of the total amount of the said death duties and costs which may have been paid before my death or may thereafter be paid in respect of the whole of the said trust funds so appointed by the said Indenture as aforesaid.

      10. I devise and bequeath all the residue of my real and personal estate subject to the payment of my funeral and testamentary expenses and debts and of any legacies bequeathed by this my will or any codicil hereto and of the duties upon any bequests given free of duty and subject also to the payment of all mortgages and charges (if any) (other than the said charitable or other rent charges which may at the time of my death be charged upon my said mansion house hereditaments and premises in the said County of Surrey or any part thereof which said mortgages and charges (if any) shall be paid out of my residuary estate in exoneration of such mansion house hereditaments and premises Unto and to the use of my said son his heirs executors and administrators absolutely Provided always and I declare that all legacies (specific or pecuniary) and the duties payable in respect thereof shall be paid primarily out of my personal estate.

      11. I declare that any moneys liable to be invested under this my Will or any codicil hereto may be invested in any stocks funds shares securities debentures mortgages bonds or other investments whatsoever whether preferred deferred or of any other class and whether English Colonial Foreign or otherwise as my trustees or trustee may in their or his absolute discretion think advisable and so that any investment or investments may be made either at the par price thereof or at a price above or below par and so that any investments may be varied from time to time at the uncontrolled discretion of my executors or my trustees And so also that my trustees or trustee shall not under any circumstances whatever be liable for any insufficiency or depreciation in value of any investments made by them or him on the bona fide exercise of their or his discretion.

      12. I further declare that the said sum of one hundred thousand pounds or any part thereof or any other legacies bequeathed by this my will or any codicil hereto may at the discretion of my executors be satisfied by an appropriation of an adequate amount of any of the securities or investments held by me at the time of my death at the market price thereof on the day of appropriation.

      13. I empower my executors to adjust and settle all accounts and transactions relating to any partnership of which I may be a member at my death and to wind up the affairs and concerns thereof and ascertain the amount of my share and interest therein either according to the provisions of the articles of partnership under which the said business shall be carried on at my decease or upon such terms and in such other manner as may be agreed upon between my executors and any surviving partner or partners with power for my executors to refer to arbitration or otherwise to compromise or settle any question that may arise in or about the winding up of the said partnership or otherwise in relation to the premises in such manner as my executors may think fit and generally to do and execute all such sets and things in relation to the premises as may appear necessary or expedient without being answerable for any loss which may arise thereby and I empower my executors to allow any money which on settlement of any such accounts as aforesaid may be found due to my estate to remain outstanding for such time and on such terms as regards rate of interest and security and otherwise as my executors may think fit and I declare that my executors may leave any such moneys in the hands of my partner or partners or other the persons or person who may for the time being constitute the firm of which at my death I may be a partner on their or his personal security only by way of bond or covenant.

      14. I declare that my trustees or trustee shall have the fullest powers of determining what articles of property pass under any specific bequest contained in this my will or any codicil hereto and of apportioning blended trust funds and of determining whether any moneys are to be treated as capital or income and generally of determining all matters as to which any doubt difficulty or question may arise under or in relation to the execution of the trusts of this my will or any codicil hereto    And I declare that every determination of my trustees or trustee in relation to any of the matters aforesaid whether made upon a question formally or actually raised or implied in any of the acts or proceedings of my trustees or trustee in relation to the premises shall bind all parties interested under this my will and shall not be objected to or questioned upon any ground whatsoever and without prejudice to the foregoing provisions I expressly exonerate my trustees or trustee and my executors from all responsibility for any act or thing done or omitted to be done by them or him in relation to the construction of this my will or any codicil hereto or the execution of the trusts thereof under the advice or in accordance with the opinion previously obtained of any Counsel of not less than ten years’ standing whether such advice or opinion relate to a question of construction or a question of conduct.

      15. In addition to the statutory or other indemnities to my trustees or trustee I declare that my trustees or trustee shall not be liable for dispensing wholly or partially with the investigation or production of the lessors title in lending money upon leasehold securities or for otherwise lending money on any security with less than a marketable title.

      16. I declare that my said wife during her life shall have power to appoint new trustees or a new trustee of my will.    In witness whereof I have hereunto set my hand the fifth day of March one thousand nine hundred and twelve.     W. Keswick- Signed and declared by the above named William Keswick the testator as and for his last will and testament in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
Algernon J. Britten 31 Old Jewry London, E.C. Solicitor.
Harold B. Milne, 3 Lombard Street, E.C. Gentleman.

Correct,
Charles H. Emerson
Registrar of the Supreme Court of Newfoundland

(Listed in the margin of this will)
Fiat
July 25/16
C.J.
Sealed with
the Seal
of the
Supreme
Court of
Nfld this
25th day of
July 1916 in
accordance
with Sec. 183
of the Justicature Act 1904
and for the
purposes
therein named

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

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

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