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Will of Archibald White Maconchie from Newfoundland will books volume 14 page 335-343 probate year 1928
In re DECEASED.
I ARCHIBALD WHITE MACONCHIE of 8 Perchester Gate Hyde park in the County of
London Esquire hereby revoke all wills and Testamentary dispositions heretofore
made by me and declare this to be my last will and I declare that I have abandoned
my Scottish domicile of origin and that I look upon England as my permanent
Home and have no intention of returning to Scotland except for temporary purposes
of business or pleasure
I give to Gracie Wheeler child of my sister Mrs Wheeler Three thousand pounds and to Archibald Wheeler son of my said sister three thousand pounds for his life and at his death I direct that the last mentioned sum of Three thousand pounds shall fall into and form part of my residue estate
To Captain George Richardson Harding Elizabeth May Harding and Margaret Rebecca
Harding children of my sister Margaret Harding Three thousand pounds each
I give devise and bequeath all my real and personal estate except what I otherwise dispose of by this my will or any Codicil hereto unto the said Frederick John Perks of 5 and 6 Clements Inn W.C. Solicitor the said William Mackie and John Shirreffs their heirs executors and administrators respectively according to the nature and tenure thereof Upon Trust that the said Frederick John Perks William Mackie and John Shirreffs or the survivors or survivor of them or in the event of their death the Public Trustee (all which several persons and other the trustees or trustee for the time being of this my will including the Public Trusts when appointed are herein after referred to as the said Trustees or Trustee) shall sell call in collect or otherwise convert into money such parts of the said trust premises as shall not consist of ready money and shall out of the moneys to arise from such sale calling in collection and conversion and the ready money of which I shall be possessed at my death pay my funeral and testamentary expenses and debts and the legacies other than specific bequeathed by this my will or any Codicil hereto and the estate legacy and succession duties upon the several legacies and annuities thereby given and shall invest the residue of the said moneys in the names or under the legal control of the said Trustees in Trustee securities allowed by law (within the British Empire) and may vary the said stocks funds shares and Trustee securities and I authorize the said Trustees or Trustee to provide for the payment of any annuities given by this my will or any Codicil hereto by setting apart and appropriating for that purpose a sufficient part of my residuary estate and until the said annuities respectively shall be provided for I direct that the same shall be paid out of the income of my residuary estate and I hereby appoint my Trustees or Trustee Guardians of my infant children and declare that the said Trustees or Trustee shall pay or apply a sum not exceeding Five hundred pounds per annum for or towards the maintenance education benefit or advancement of each of my children Vera Elizabeth Jean Maconochie Margaret Jean Maconochie Archibald Benn Duntley Maconochie and Joan Constance Maconochie until they respectively attain the age of twenty one years either directly or by paying the same to some suitable person or persons employed for the purpose of protecting them and if in any year the whole of the said sum cannot in the opinion of my trustees be property expended for any or either of the said children either by reason of her his or their infancy or otherwise the surplus after providing so much as may be necessary shall be accumulated so as to form a fund for the purpose of paying collegiate or other necessary expenses which may be required for such of the said children as may be between the ages of sixteen and twenty one years
I devise my Cudham and Norsted estate to my Trustees to the use of my son Archibald Benn Duntley Maconochie during his life without impeachment of waste with remainder to the use of the first and other sons successively in tail make with remainder to the use of my daughter Vera Elizabeth Maconochie during her life with remainder to her first and other sons successively in tail make with remainder to the use of my daughter Margaret Joan Maconochie during her life with remainder to her first and other sons successively in tail male with remainder to the use of my daughter Joan Constance Maconochie during her life with remainder to her first and other sons successively in tail male and after the failure or determination of these uses and estates to the use of my nephew the said George Richardson Harding absolutely and if the said George Richardson Harding shall not succeed to the said estates within five years after my decease I direct my Trustees to raise and pay to him out of my residuary estate the sum of Five thousand pounds
Provided nevertheless that every person who under the uses aforesaid (including the divesting limitations in this clause contained) shall become entitled in possession to the said estates as tenant for life or in tail male or in tail by purchase and shall not then use the name of "Maconochie" shall within one year thereafter (or if an infant within one year after attaining majority) and every husband of any such female person shall within one year after such person shall become so entitled in possession or within one year after the marriage (Whichever event shall last happen) endeavour to procure the Royal License to take such name either alone or sufficed but not prefixed to his or her previous surname and if such application be successful shall thenceforth use such name for all purposes and in default of compliance with this condition or in the event of failure to obtain such license or in case of subsequent discontinuance of the use of such name by such person or in the case of a married woman by her husband (as the case may be) the uses hereinbefore limited in favour of such person shall determine and become void as if such person or his wife (as the case may be) were dead and if tenant in tail male or tenant in tail there was a general failure of his or her issue
Provided always that if such person be under such uses only tenant for life then during the rest of his or her life the said estates shall go to the use of my Trustees Upon trust to receive the rents and profits thereof for the benefit of the person or persons who under the uses following the said use to such tenant for life hereinbefore contained would for the time being be entitled to the possession of the said estates but for this present trust and I declare that to said Trustees shall hold the residue of the said trusts funds subject to the directions next herein contained Upon trust for my said children or such of them as shall attain the age of twenty one years and if more than one in equal shares but I direct that until the youngest attains the age of thirty years my Trustees shall hold their respective shares in trust for them and shall pay to or apply for their benefit respectively the sum of Five hundred pounds per annum each only and the payment of the respective shares of capital to my said children shall accordingly be delayed until the youngest of them attains the age of thirty years when each of them shall be entitled to receive his or her share of capital and (subject to the proviso hereinafter contained) in the event of either of my said children attaining the age of twenty one years and dying before attaining the age of thirty years leaving children I direct that the share of such child shall thereupon become payable to the legal personal representative of such child
Provided always and I declare it to be my desire that my sons shall be educated with the idea of providing for their future by their own industry and the gifts to them on their attaining the age of twenty one years are upon the condition that if they are physically and mentally capable of so doing they apply themselves diligently either to the business of Maconochie Brothers Limited or some other honourable calling and if either of my said sons shall fail to satisfy my said Trustees that he is doing his best to comply with this condition as from the date when my Trustees declare in writing under their hands that this condition has not been fulfilled by any or either of my sons I revoke the gifts herein contained to such son or sons and in lieu thereof I give such son or sons an annuity of Two hundred and fifty pounds per annum each during his or their respective life or lives and thereafter all funds held for the benefit of such son or sons hereunder (other than the last mentioned annuity) shall be held to or for the use of my said other children or any my child and if more than one in equal shares and if there shall be no such child of mine living then I direct that my said Trustees or Trustee shall pay the income of the residue of the said trust moneys and the investments for the time being representing the same to my sister Margaret Harding for her sole and separate use without power of anticipation and after her death shall hold the same trust premises for such of her children as 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
Provided always and I hereby declare that if any or either of my said children shall adopt the Roman Catholic Faith I hereby revoke all gifts made by my will to such one or more of them as shall adopt that faith and in lieu of all others provision I give to the said child or children adopting that Faith an annuity of one hundred pounds per annum each only and the residue of any gift as forfeited by such child or children I give to my said nephew George Richardson Harding and I declare that the said Trustees and my Executors or Executor may in their or his uncontrolled discretion instead of acting personally employ and pay a Solicitor or any other person to transact any business or do any act of whatever nature required to be done in the premises including the receipt and payment of money and that if in the exercise of the discretion they employ the said Frederick John Perks he shall be entitled to charge and be paid all proper professional or other charges for any business or act done by him or his firm in connection with the trust including acts which a Trustee or Executor could have done personally and I appoint the said Frederick John Perks William Mackie and John Shirreffs EXECUTORS of this my will.
IN WITNESS whereof I the said Archibald White Maconochie have to this my will
comprised in this and the five preceding pages set my hand this twentieth day
of July one thousand nine hundred and seventeen
(Listed in the margin next to this will the following)
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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