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A Collection of Newfoundland Wills
(M)
Hugh Mackay Matheson Senior
|
Will of Hugh Mackay Matheson Senior
from Newfoundland will books volume 8
pages 139-143 probate year 1902
In re
Hugh M. Matheson Senior
deceased.
This is The Last will of me Hugh
Mackay Matheson of Hampstead in the County of Middlesex and of Lombard
Street in the City of London Merchant
1. I revoke all my former
testamentary dispositions and I appoint my dear wife Agnes Ann
Matheson my brothers Donald Matheson of 120 Queen’s Gate London and Thomas
Matheson of Liverpool and John Matheson Macdonald of
3 Lombard Street as my Executors and Trustees.
2. I bequeath to my said
wife a legacy of one thousand pounds for her immediate use I also bequeath
to her all such of my books pictures plate linen china wines and household
furniture and effects and of my carriages and horses with the harness as
she may select.
3. I give all my real estate and the residue of my personal
estate whatsoever and wheresoever which I am or may be enabled to dispose
of to my said trustees their heirs executors administrators and assigns
according to the nature and quality thereof In trust to realize and convert
the same at such times and in such manner as they in their discretion shall
think fit and to invest the proceeds in any of the securities hereinafter
mentioned and to pay the income thereof to my said wife during her life
and after her death I direct my said trustees to hold the capital in trust
for my children Mary Annabella and Hugh Mackay to be divided between them
equally.
4. I empower my trustees to postpone the sale and conversion
of any part of my property as long as they in their absolute and uncontrolled
discretion shall think fit and in the meantime to manage any unsold real
estate as regards letting and otherwise as they shall think fit And I also
empower them to settle accounts with any partnership in which I am or may
be engaged And I declare that such settlement shall be final and conclusive
on all persons interested in my estate and that the same shall not be questioned
by any person interested therein and I empower my trustees to allow my
capital and interest to remain in any such partnership so long as they
may deem fit and to give time for payment thereof to receive the same by
instalments and to invest all or any part of my estate in any of the Parliamentary
stocks or public funds or in Government securities of the United Kingdom
or India or upon freehold copyhold leasehold or chattel real securities
in Great Britain but not in Ireland (but such leasehold or chattel real
securities to be upon hereditaments held for a term of which not less than
sixty years shall be unexpired at the date of investment) or in the capital
stock of the Bank of England, stock of the Metropolitan Board of works
or upon debentures or debenture stock or preference or guaranteed stock
or shares or any Railway Canal or Dock Company in Great Britain which shall
have paid a dividend on its ordinary capital stock for each of the three
years last preceding the investment thereon or on the stocks shares or
securities of any undertaking in Great Britain or India the dividend or
interest on which is or may be guaranteed by the Government of Great Britain
or India or in any annuity whether permanent or terminable and whether
now existing or hereafter to be created the payment of which is or may
be charged on the Revenues of India or in the funds bonds or other securities
of any British Colonial Government with full power to vary the said investments
from time to time at their discretion
In witness whereof I the
said Hugh Mackay Matheson have hereunto set my hand this seventeenth day
of November one thousand eight hundred and eighty two - H.M. Matheson -
Signed and declared by the said Hugh Mackay Matheson the Testator as and
for his last will and Testament in the presence of us both 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 –
William
D. Freshfield 5 Bank Buildings London Solr. –
Robt M. Moir 3 Lombard St London Gentn.
This is a Codicil to the
last will and Testament of me Hugh Mackay Matheson of Hampstead in the
County of Middlesex and of No 3 Lombard Street in the City of London
Merchant which will is dated the seventeenth day of November one thousand
eight and eighty two whereas by my said will I have appointed my wife Agnes
Ann Matheson and my brothers Donald Matheson and Thomas
Matheson and my
cousin John Matheson MacDonald Executors and Trustees of my said will I
do now appoint my son Hugh Mackay Matheson Junior to be an executor and
Trustee of my said will to act in addition to the above named Executors
and Trustees and I declare that my will shall in all respects take effect
as if the name of the said Hugh Mackay Matheson Junior had been inserted
in my said will and whereas by my said will I have given to my said wife
all my books pictures plate linen china wines and household furniture and
effects and of my carriages and horses with the harness as she may select
Now I direct that such selection shall be made from such articles and effects
as may be at my house and premises named Heathlands at Hampstead aforesaid
And
whereas by my will I gave all my real estate and the residue of my personal
estate whatsoever and wheresoever of which I was or might be enabled
to dispose of to my said trustees their heirs executors administrators
and assigns according to the nature and quality thereof in trust to realize
and convert the same at such time and in such manner as they in their
discretion should think fit and to invest the proceeds in any of the securities
in my said will mentioned and to pay the income thereof to my said wife
during her life and after her death to hold the capital in trust for my
children Mary Annabella and Hugh Mackay Matheson to be divided between
them equally Now I do revoke the said direction to my said trustees to
hold the capital in trust as aforesaid and in lieu thereof I direct my
said trustees to hold the capital immediately after my death in trust for
my children Mary Annabella and Hugh Mackay Matheson to be divided between
them in the following parts or proportions videlicet - two fourth parts
thereof to my son Hugh Mackay Matheson one fourth part thereof to my daughter
Mary Matheson and one fourth part thereof to my daughter Annabella the
wife of Adam Roland Rainy In giving this provision to
my children I direct that they accept it in lieu of any right of maintenance
they may have during the life of my wife from the income of our Marriage
Settlement
And
whereas a portion of the residue of my estate will consist of the following
property in Scotland namely a house and grounds called Elsick Cottage at Strathpeffer in the County of Ross together with certain furniture and
effects therein and also a property or estate called Little Scatwell in the County of Ross aforesaid Now I hereby declare that my executors
and trustees in making the division of my property between my children
as aforesaid shall have the said properties at Elsick and Little
Scatwell together with any furniture and effects therein valued by such competent
values as they in their uncontrolled discretion think fit and shall in
the division of the property between my son and daughters take the said
properties of Elsick and Little Scatwell at the value which shall be put
upon them by the said values as part of the share of my said son Hugh
Mackay Matheson it being the intention of this my will that my said son shall
accept these properties at the values put upon them by the said valuer
as part of his share
I
give out of such part of my property as may be applied to charitable
purposes the sum of five hundred pounds to be paid to the Secretary or
Treasurer for the Foreign Missions of the Presbyterian Church of England
whose receipt shall be a good and sufficient discharge for the same and
I desire that the said legacy shall be paid free of legacy duty
In other respects
I confirm my said will in witness whereof I have hereunto set my hand
this twenty-fourth day of January one thousand eight hundred and ninety
eight. Hugh M. Matheson- Signed and declared by the said Hugh
Mackay Matheson the Testator as and for a Codicil to 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 –
Allan Bathurst 5 Bank Buildings London
E.C. Solicitor –
William Le Marchant Articled clerk to
Messrs Freshfields & Williams 5 Bank Buildings London E.C.
Certified correct,
D. M. Browning
Registrar
(Listed in the margin next to this will the following)
Fiat
March 20/02
Emerson J
Re-sealed
March 20/02
| |
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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