Will of Alured Newman, from Newfoundland will books volume 15 pages 61 to 66, probate year 1929

IN RE.                     DECEASED

ALURED NEWMAN.

THIS IS THE LAST WILL AND TESTAMENT OF ALURED NEWMAN of La TourelleWadhurst in the County of Sussex England made this twenty sixth day of October one thousand nine hundred and one I appoint my wife Ida Leonora Adaline Beatrice Newman and my nephew Robert Lydston Newman son of my late brother Thomas Holdsworth Newman EXECUTORS and Trustees of this my will but in case the said Robert Lydston Newman shall die in my lifetime or shall refuse as set as Executor of trustees of this my will then I appoint my nephew Lionel Ernest Newman as EXECUTOR and Trustee in his place and I direct that the trust estate in such case shall be transferred so as to vest in the said Lionel Ernest Newman jointly with my said wife or other the trustees or trustee for the time being of my will and wherever hereafter in this my will the word "Trustees" is used I mean and intend thereby my said wife and my said nephew Robert Lydson Newman or my said Nephew Lionel Ernest Newman as the case may be and the survivor of them and may new trustees or trustee to be appointed to this my will I bequeath to my said wife all my furniture jewellery plate linen glass china wines stores and other household effects for her own use and benefit absolutely and I appoint her sole guardian of my son Edward Devon Newman during his minority I bequeath the following legacies that is to say To my said wife the sum of fifteen thousand pounds for her own use absolutely To the said Robert Lydston Newman if he shall prove my will and accept the trusts thereof the sum of one thousand five hundred pounds to be in addition to any other benefits that may be bequeathed or devised to him under this my will And if at the expiration of five years from the date of my death the said Robert Lydston Newman shall be still acting as a Trustee of my will I bequeath to him the further sum of one thousand pounds but if the said Robert Lydston Newman shall not act as executer and as trustee of this my will then I bequeath the sum of one thousand five hundred pounds to the said Lionel Ernest Newman if he shall act as Executer and trustee of this my will to be in addition to any other legacy or devise which may be made to him by this my will and If at the expiration of five years from the date of my death the said Lionel Ernest Newman shall be acting as Trustee under the appointment of as such trustee made by this my will then I bequeath to him the further sum of one thousand pounds  To my niece Marion the wife of Commander Courtney Hayes residing at Southsea the sum of one thousand pounds  To Sir Robert Lydston Newman Baronet of H??head Exeter in the county of Devon son of the late Sir Lydston Newman said to my nephews the said Lionel Ernest Newman and Robert Lydston Newman sons of my late brother Thomas Holdsworth Newman the sum of five hundred pounds each  And I hereby direct that the legacies and bequests hereinbefore made shall all be paid free of legacy duty which legacy duty I direct shall be paid out of the residue of my estate  I give devise and bequeath to my trustees All the real and personal estate of which I shall die possessed other than such portions as I have hereinbefore specifically bequeathed and I appoint to them any property which at the time of my death I shall have power to appoint Upon trust that they shall pay out of my personal estate All my just debts funeral and testamentary expenses and the legacies bequeathed by this my will and shall stand possessed of my said real estate and the residue of my said personal estate  Upon trust that they shall allow such parts thereof as shall be invested at the time of my death to continue in the same state of investment in which the same shall be in at the time of my death but subject to their power to sell certain portions of my real estate as hereinafter mentioned and shall invest any ready money forming part of my said personal estate in or upon some of the stocks funds or securities authorised by this my will and all which real estate and residuary personal estate and the stocks funds and securities and other investments on which the same may from time to time be invested are hereinafter included in the expression and referred to as "my settled property"  And that they shall if at the time of my death my son Edward Devon Newman shall be living and shall not have attained the age of twenty one years pay the rents dividends and annual income of my settled property to my said wife until my said son shall attain the age of twenty one years or die under that age the interest maintaining educating and bringing up my said son Edward Devon Newman but if my said wife shall not survive me or shall die before my said son shall attain the age of twenty one years then I direct that my trustees shall out of the rents dividends and annual income of my settled property pay and apply such annual sum as they shall in their absolute discretion think right for or towards the maintenance education and bringing up of my said son until he shall attain the age of twenty one years or die under that age And from said after the date when my said son Edward Devon Newman shall attain the age of twenty one years I direct that my trustees shall out of the rents dividends and annual income of my settled property until my said son shall attain the age of twenty four years or die under that age pay to my said wife an annual sum of six hundred pounds and shall also pay thereout a sum of seven hundred pounds a year and such further sum as my trustees in their absolute discretion shall from time to time think right to any said sum and subject to the payments aforesaid  I direct that my trustees shall until my said son shall attain the age of twenty four years or die under that age pay to my said wife if she shall be living such portions of the rents dividends and annual income of my settled property as shall not be paid or applied under the trusts herein before contained but if she shall not be living then my trustees shall accumulate such portions of the said rents dividends and annual income of my said settled property during such period and such accumulations shall be added to and form part of my settled property and be subject to the trusts and provisions herein contained respecting my settled property  And if and as soon as my said son shall attain the age of twenty four years or shall die under that age leaving issue living at his death I direct that my trustees shall set apart and invest in their names out of my settled property such a sum as will at the date of the investment thereof produce an annual income of six hundred pounds and which sum and the investments on which the same may from time to time be invested are hereinafter referred to as "my wife fund"  And shall pay the income of my wifes fund to my said wife during her life or until shall become entitled to the legacy of twenty thousand pounds hereinafter directed to be paid to her in certain events out of my settled property and subject thereto shall hold the capital of my wifes fund  Upon the trusts hereinafter declared concerning the residue of my settled property  And subject to the trusts aforesaid my trustees shall stand possessed of as well the capital of the income of my settled property  In trust if my said son shall live to attain the age of twenty four years to pay convey and transfer the same to him absolutely but if my said son shall die under the age of twenty four leave a child or children leaving him surviving them in Trust for the child or children of my said son shall attain the age of twenty one years or being female shall attain that age or marry if more than one an equal share  But if my said son shall die under the age of twenty four years without leaving any child or children him surviving or no child whom he may leave shall live to attain a vested interest in the capital of my settled property then I direct that my trustees shall stand possessed of as well the capital of the income of my settled property in trust to pay there out to my said wife a sum of twenty thousand pounds for her own use and benefits absolutely and upon further trust as is my farm situate in Otter Tail County State of Minnesota United States of America and described as follows tis- "All that Section 30 except Lot 5 in Township 132 of Range 42"  And also as is all my other lands tenements and hereditaments situate in the United States of America with the buildings thereon including my property at Fergus Falls in Trust for my said wife absolutely  And as to all my real estate situate at St John's Newfoundland British North America In trust for my said nephew Robert Lydston Newman absolutely  And as to all the residue of my settled property In trust if my said son shall have left any wife him surviving to set apart and invest such a sum out of the residue of my settled property as will at the date of such investment produce an annual income of three hundred pounds a year and to pay the income of such sum so to be set apart to such wife whom my said son shall leave him surviving until her death or marriage again whichever event shall first happen  And subject to such income to my sons wife (if any) shall stand possessed of the residue of my settled property including the sum so to be set apart to secure such income to such wife of my said son from and after the date when such income shall cease and determine  In trust for the said Sir Robert Lydston Newman Baronet absolutely  I direct that my trustees shall unless in their absolute discretion they see some valid reason in the contrary allow all such portions of my real and personal estate which shall at the time of my death be invested to remain in the same state of investment and in any event they shall not sell any portion of my real estate during the lifetime of my said wife except with her consent in writing  But I hereby declare that the net rents profits and income arising from my settled property in whatsoever condition or state of investment the same may be and whether consisting of investments of an authorised character or not shall be applied as if the same were income arising from my settled property  And I authorise my trustees to let from year to year or for any period not exceeding twenty one years for ordinary tenancies or for any term not exceeding ninety nine years for building purposes and as is my Newfoundland property in accordance with the law as now existing with England as new buildings now exist in that Colony all such leases to be in possession at the best rent and to manage at their her or his discretion my unsold real estate whether directed to be sold or not  And I also declare that my trustees or trustee for the time being may invest any monies by my will directed to be invested in their or his name or names under their or his legal control in or upon any stocks funds or securities of or guaranteed by the Government of the United Kingdom or of any British ^Colony or dependency or in the stock of the Bank of England or the Bonds or debentures or debenture stock leans shares or mortgages guaranteed or preference stock of any railway or other company or corporation Municipal or otherwise in Great Britain or India or any such other colony or dependency as aforesaid incorporated by act of Parliament or Royal Charter and paying a dividend on its ordinary stock or shares or upon real securities in England or Wales but not otherwise with power for them or him to vary the investments thereof from time to time at their or his discretion  I authorise my trustees at any time or times with the consent in writing of my said wife so long as she shall be living to sell the whole or any part of my real and leasehold estates and hereditaments  And I declare that my trustees shall stand possessed of the net proceeds of any such sale after payment of the expenses thereof upon the trusts and subject to the powers and provisions hereinbefore declared and contained of and concerning the real estate from the sale of which such proceeds shall arise  I hereby particularly direct that my trustees shall not sell or call in any investments or property which I may have in America at the time of my death without the consent in writing of my said wife first had and obtained I hereby further direct that so long as my nephew the said Robert Lydston Newman shall manage my Newfoundland properties as heretofore he shall be entitled to charge and be paid the same amount as he has heretofore received vis- Five pounds per cent upon all net income from such properties  And hereby revoking all prior wills and testamentary writing by me at any time made I declare this to be my last will and testament  IN WITNESS WHEREOF I have to this and the four preceding sheets of paper set my hand the day and year first before written - ALURED NEWMAN - Signed and declared by the said testator Alured Newman as and for his last will and testament in the presence of us both present at the same time and we at his request in his sight and presence and in the presence of each other have hereunto subscribed our names as witnesses- SIDNEY ALEX CHEALE Tunbrige Wells Kent Salr-Stewart W. FOREMAN Tunbrdige Wells His Clerk.

I BEQUEATH as a Codicil to my will held by Mr S.A. Cheale Solicitor Tunbridge Wells the following including the former amounts named therein to Sir Robert Lydston Newman £1000 to Lilian wife of Crichton Stuart £1000 To Marion wife of Courtenay Hayes £1000  to Mary sister of Sir Robert Lydston Newman £500- June 13, 1903 - Signed by a cross in the presence of the two witnesses & in the presence of each other- ALURED his X mark NEWMAN - Witnesses - Frede Neild M.D. Tunbridge Wells- F.A. Saunders valet La TourelleWadhurst.
THIS IS A CODICIL made the eighteenth day of July one thousand nine hundred and three to the last will and testament of me ALURED NEWMAN of La Tourelle Wadhurst in the County of Sussex England and which Will bears date the twenty ninth day of October one thousand nine hundred and one  Whereas by my said will I have directed that my trustees shall after my son Edward Devon Newman shall have attained the age of twenty one years pay to my wife an annual sum of six hundred pounds until my said son shall attain the age of twenty four years and shall after my said son shall have attained the age of twenty four years pay to my wife the income of a fund referred to in my will as "my wifes fund"  Now I hereby direct that the said annual income of six hundred pounds and the annual income of "my wifes fund" shall only be payable and paid to my said wife while she shall remain my widow but that the same shall cease to be payable to her if and as soon as she shall marry again after my death  I bequeath the following legacies to be in addition to any other benefit the respective legatees may take under my will that is to say To my nephew Sir Robert Lydston Newman Baronet the sum of five hundred pounds  To my niece and Godchild Mrs Lilian Crichton Stuart the sum of one thousand pounds to my groom James Ross if he shall be in my service at the time of my death and not under notice to leave the sum of one hundred pounds  And I direct that the several legacies given by this codicil to my will shall be free of legacy duty which legacy duty shall be paid out of the residue of my estate  IN WITNESS whereof I have hereunto set my hand the day and year first above written- ALURED NEWMAN - Signed and declared by the said testator Lured Newman  as and for a codicil to his last will and testament in the presence of me both present at the same time and we at his request in his sight and presence and in the presence of each other have hereto subscribed our names as witnesses - Wm JOHN NORRIS 9 York Road Tunbridge Wells Kent Solicitors Clerk - Francis ARTHUR SAUNDERS La TourrelleWadhurst Valet

CORRECT.
William A Newman (Signature)

Written in margin on page 61
Fiat
Dec 16/29
J M Kaset (Signature)
Judge
Resealed on
the 16^th day
of December
A.D. 1929
Value of Estate
$125,712.22