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I revoke all former wills and testamentary dispositions by me
made And I appoint my son William Frederick Wyndham Newman (hereinafter
called Wyndham Newman) my son Harold Wyndham Newman (hereinafter
called Harold Newman) and Arthur Snow of the Close
Exeter Solicitor Executors and trustees of this my will and also
for the purposes of the settled land Acts 1882 to 1890 and for
the purposes mentioned in section 42 of the Conveyancing and
Law of Property Act 1881 and any acts amending the same respectively
and they or the survivors or survivor of them or the executors
or administrators of such survivor or other the trustees or trustee
for the time being hereof are hereinafter called my trustees.
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I bequeath to my said executor Arthur Snow the sum of
fifty pounds such legacy to be contingent on the said Arthur
Snow acting in the execution of the trusts of this my will.
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I bequeath to my dear wife Frances Emma Newman the sum
of two hundred pounds to be paid within three months after my
decease and also my carriages and carriage and other horses with
the harness and other appendages thereto respectively belonging
and the implements utensils stock of hay and straw and other
moveables and effects which shall be in or used or employed in
or about my coach house and stables at my decease (but not my
horses or stock or other property employed or used solely for
the purposes of my farm at Hockworthy) Also I bequeath to my
said wife all such wines liquors fuel and consumable stores as
I may possess at the time of my death
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I give my jewels and trinkets to my trustees in trust to permit
my wife so long as she shall remain my widow and enjoy the use
of the same and after the death or second marriage of my said
wife whichever event shall first happen to hold the same (as
to such of them as consist of my set of family pearls and my
set of aqua marines set in gold) In trust for my daughter Kathleen
Mary Wyndham Davies absolutely and as to the remainder of
them (save and except those hereinafter otherwise bequeathed)
In trust for such of my children in such manner as my said wife
(in case she shall not marry again) shall by her will direct
and in default of such direction then in trust to divide the
same amongst my said sons Wyndham Newman and Harold
Newman and my said daughter Kathleen Mary Wyndham Davies equally
or as nearly equally as my trustees in their discretion are able
to divide the same Provided and I declare that notwithstanding
such trust my said wife shall have power at any time during her
widowhood to distribute or give all or any of the said jewels
and trinkets amongst or to such of my children as she may think
fit.
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I bequeath unto my said trustees all the furniture plate linen
china glass books prints pictures and other household effects
which at the time of my death shall be in and about my residence
at Hockworthy aforesaid and in and about South Town House Dartmouth
in the E.E. county of Devon (save and except articles in clauses
4 and 7 hereof otherwise bequeathed) Upon trust to permit my
said wife to have the personal use and enjoyment thereof during
her life or widowhood subject to my said wife repaying to my
trustees any sums paid by them for insuring the same against
fire in their names in the full value thereof as and when such
sums may be paid and from and after her decease or second marriage
In trust as to all such effects (save and except as aforesaid
and save and except the chattels hereinafter bequeathed to go
as heirlooms in the South Town house aforesaid and save and except
my blue supper set) for my son Wyndham and my son Harold and
my daughter Kathleen Mary Wyndham Davies equally and so
that the division shall be made in such manner as my trustees
shall think most effectual for a division as nearly as possible
equally And as to my blue supper set for my son Harold and
my said last mentioned daughter equally and so that the division
shall be made in such manner as last aforesaid And as to such
of the silver and plated articles glass china french Pastille
pictures and household furniture in or about South Town house
aforesaid and Hockworthy respectively as formerly belonged to
my grand father William Newman And as to my presentation
plate and my gold watch and seals silver cake basket and the
oil pictures of my father grand father and great grand father
and other family portraits to permit the same to devolve and
be enjoyed as heirlooms with my SouthTown house aforesaid hereinafter
settled but so that the same shall not vest absolutely in any
person hereby made tenant in tail by purchase unless he shall
attain the age of twenty one years but on his death under that
age shall devolve as if the same had formed part of the said
freehold house and premises. I direct my trustees to cause an
inventory to be taken of the articles comprised in the foregoing
bequest before the delivery thereof to my said wife and two copies
of such inventory to be signed by may said wife of which copies
one shall be delivered to her and the other be kept by my trustees
And I declare that thereupon my trustees shall be freed from
all liability in respect of the said articles whether in the
custody or possession of my said wife or of the person or persons
for the time being and from time to time entitled respectively
to the use and enjoyment thereof under the trusts aforesaid And
I declare that if my said wife should have occasion or (owing
to my not having purchased the same during my lifetime) be obliged
to leave permanently my residence at Hockworthy aforesaid except
upon remarriage my trustees shall continue to hold such of the
said articles in and about my residence at Hockworthy aforesaid
upon such of the trusts hereinbefore declared concering the same
as would be applicable and take effect if my said wife were dead
or had married again.
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I give to my son Wyndham Newman all my farm horses and
carts and agricultural implements and all my farm stock of every
kind and description at Hockworthy aforesaid.
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I bequeath the silver and plated articles given to me by my
father and mother on the occasion of my marriage to my son Harold
Newman absolutely.
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I direct that my said wife shall be at liberty to occupy my
said house at Hockworthy (being the present vicarage) and the
garden and appurtances including the big meadow of the said Glebelands
adjoining the Moormead (in the event of my purchasing such house
and lands) during her life or so long as she shall remain my
widow subject to my said wife during such occupancy repaying
to my trustees any sums which they may expend in insuring and
keeping the said house insured in their names and keeping the
said house in repair but paying no rent for the same And I devise
to her during her life and so long as she shall remain my widow
my houses South Town house Dartmouth and St. Helens Dartmouth
with the freehold and leasehold gardens and appurtances thereto
belonging.
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As to my stock shares and securities representing money invested
in the Newfoundland Whaling Company Limited I bequeath one moiety
thereof to my said wife and the other moiety to my son Harold
Newman absolutely.
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I bequeath all my debentures and preference shares in the Kent
Collieries Limited Dover my one deferred share in the Kent Coal
Concessions Limited to my said wife absolutely.
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I bequeath my ten ordinary shares in the East Kent Colliery
Limited Tilmanstone to Amy Pauline Wyndham the half sister
of my said wife.
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I bequeath all my ordinary shares in the Kent Collieries Limited
and the Kent Coal Concessions Limited and all my shares not hereby
otherwise disposed of in any other Limited Companies having for
an object the working of coal in Kent to my said wife and my
four children Wyndham Newman Harold Newman Kathleen Mary Wyndham
Davies and Lilian Wyndham Bush in equal shares but
subject as to the shares of my said two daughters to the provisions
hereinafter contained concering the same respectively.
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I bequeath to my son Harold Newman the sum of five thousand
pounds and to my daughter Kathleen Mary Wyndham Davies (but
as to my same daughter subject to the direction hereinafter contained)
the sum of one thousand five hundred pounds such legacies not
to be payable until after the death or second marriage of my
said wife whichever shall first happen.
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Whereas by an indenture of settlement made the seventh June
one thousand eight hundred and ninety nine between William
Davies of the first part Kathleen Mary Wyndham Newman of
the second part and William Frederick Wyndham Newman Harold
Henry Wyndham Newman and Robert Walker Davies (thereinafter,
and in this clause hereinafter referred to as the trustees) of
the third part It was declared that the trustees should stand
possessed of a sum of two thousand pounds therein mentioned and
the investments for the time being representing the same (therein
and in this clause hereinafter referred to as the husbands trust
fund) and also of a sum of three thousand pounds therein mentioned
and of the investments for the time being representing the same
(thereinafter and in this clause hereinafter referred to as the
wifes trust fund) and alsoof the annual income of the husbands
and wifes respectively Upon trust as to the husbands trust fund
to pay the annual income thereof to the said William Davies during
his life and after his death as therein mentioned And as to the
wifes trust fund Upon trust after the death of the said Kathleen
Mary Wyndham Newman to pay the annual income to the said William
Davies during the residue of his life if he should survive
her And it was thereby agreed that in default of issue of the
intended marriage attaining a vested interest under the trust
in default of appointment therein contained and subject to the
trusts and powers therein before mentioned the husbands trust
fund and the income and accumulations (if any) thereof after
the death of the said Kathleen Mary Wyndham Newman and
such failure of children as aforesaid be held in trust for the
said William Davies absolutely and the said settlement
contained & covenant by the said William Davies and Kathleen
Mary Wyndham Newman that if besides the trust fund therein
before settled by the said Kathleen Mary Wyndham Newman she
then was or if at any time during the intended covertures she
or the said William Davies in her right should become
entitled in any manner for any estate or interest to real or
personal property of the value of two hundred pounds or upwards
at one and the same time and from one and the same source (except
as therein mentioned) then the said William Davies and Kathleen
Mary Wyndham Newman and all other necessary parties would
as therein mentioned convey such real or personal property to
the trustees Upon trust for sale as and except as therein mentioned
but with power to postpone such sale and to retain investments
transferred under such covenant and dispose of the income thereof
as therein mentioned And it was thereby agreed that the trustees
should stand possessed or the money to be raised from such sale
or any part of the said property received in money Upon the trusts
and subject to the provisions therein before declared concerning
the wifes trust fund And whereas by an indenture made the thirtieth
day of May one thousand nine hundred and four between Thomas
William Hayes the trustee in Bankruptcy of the property of
the said William Davies of the one part and myself of
the other part I purchased from the said trustee in Bankruptcy
all the interest of the said William Davies under the
said recited indenture of settlement and also a policy of assurance
for one thousand pounds affected by such trustee in Bankruptcy
on the twelfth January one thousand nine hundred and four with
the Standard Life Assurance Company Limited on the life of the
said William Davies And whereas the premium payable in
respect of the said policy is the sum of twenty six pounds ten
shillings and the husbands trust fund is now represented by the
sum of two thousand two hundred pounds deferred stock of the
Midland Railway company Now I do hereby bequeath all my interest
in the said sum of two thousand two hundred pounds Midland Railway
stock and the investments for the time being representing the
same and in the said policy of insurance and all other (if any)
the interest purchased by me from the said trustee in bankruptcy
as aforesaid to my trustees Upon trust as to any income of the
said stock and investments or the said husbands trust fund or
wifes trust fund accrued due or current at the time of my decease
(to be apportioned if necessary) for my grand children Sybil and Olga
Davies in equal shares and as to the income of the said stock
and investments and funds accruing as from the time of my decease
(to be apportioned if necessary) to apply the same first in payment
of the premium on the said life policy and secondly to pay the
residue of the said income to my daughter Kathleen Mary Wyndham
Davies during her life and in the event of her death during
the lifetime of the said William Davies to apply the sums
after her decease and during the residue of the lifetime of the
said William Davies for the use and benefit of her children
in such manner as they may think fit and as to the said policy
and the proceeds thereof or moneys thereby assured as and when
the same shall be received to pay the sum of one hundred and
ninety pounds to the said Kathleen Mary Wyndham Davies if
she shall be living but if she shall be dead then to pay or divide
the same to or among her child or children as and in such shares
as she shall by deed or will appoint and in default of such appointment
to divide the same amongst her children equally and as to the
residue of the proceeds of the said policy to pay the residue
of such proceeds to my son Harold Newman.
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I devise and bequeath to my son Wyndham Newman absolutely
(but subject to the interests and right of occupation of my said
wife where hereinbefore conferred) the advowson of the vicarage
of Hockworthy in the county of Devon and (if purchased by me)
my said residence at Hockworthy and all other my real and chattel
real estate whatsoever in the parish of Hockworthy aforesaid
And also my freehold house at St. Helene aforesaid and the garden
and appurtances thereto
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Subject to the Life interest of my said wife as hereinbefore
belonging was or held therewith to the use of my son Wyndham
Newman during his life without impeachment of waste and after
his death to the use of his first and other sons successively
according to seniority in tail with remainder to the use of my
son Harold Newman during his life without impeachment
of waste with remainder to the use of his first and other sons
successively according to seniority in tail with remainder to
the use of my daughter Kathleen Mary Wyndham Davies during
her life without impeachment of waste with remainder to the use
of her first and other sons successively according to seniority
in tail with remainder to the use of her first and other daughters
successively according to seniority in tail with remainder to
my own right heirs And I declare that every person who shall
under the limitations hereinbefore contained become entitled
as tenant for life or tenant in tail by purchase to the possession
or receipt of the rents and profits of south Town house aforesaid
and hereditaments devised by this clause of my will (other than
a person who shall then use the surname of Newman) shall
within one year after he or she shall so become entitled or being
an infant within one year after he or she shall attain the age
of twenty one years assume the surname of Newman either
with or without his or her own proper surname but so that if
with his or her own proper surname the name of Newman be
the last and principal surname unless such person shall be prevented
from so doing by death And I direct that in the case of a married
woman her husband shall in manner aforesaid and unless as aforesaid
assume the surname of Newman And if the person so entitled
as aforesaid or the husband of any married woman so entitled
as aforesaid shall refuse or neglect within such year to assume
such surname or shall at any time afterwards cease to use such
surname in manner aforesaid from any cause other than becoming
a Peer or Peeress or becoming entitled to use and using by courtesy
the title of a Peer or peeress then and in every such case immediately
after the expiration of such year or such disuse if the person
so entitled as aforesaid shall be a tenant for Life he or she
shall during the remainder of the life of the person so entitled
hold the rents and profits of the said premises In trust for
the person or persons who would for the time being be entitled
to the same if the person so entitled as aforesaid were dead
and if the person so entitled as aforesaid shall be a tenant
in tail by purchase then the estate in tail of such person shall
absolutely determine and the said heridaments devised by this
clause of my will shall immediately devolve on the person or
persons next in remainder as if the person so entitled were dead
without having had issue inheritable under such limitation in
tail
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I give devise and bequeath all my real and chattel real estate
whatsoever in the parish of Cornworthy in the county of Devon
and the manor and all my manorial rights in the said parish subject
to the charge thereon of five thousand pounds in his marriage
settlement and also my freeholdhouse No 57 Red Lion Street in
the county of London and also my coal stores and offices situate
up the south Embankment Dartmouth and at present occupied by
Messrs G. J. Collins & Co. and also my house situate in Dower
Street Dartmouth aforesaid at present occupied by Ernest A. Mitchelmore
to my son Wyndham Newman absolutely.
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I give and devise the freehold house and appurtances know as "Tremorvah" and
the cottage and appurtances known as "Bath Cottage" which
house and cottage are situate in Dartmouth aforesaid to my son Harold
Newman absolutely.
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I give and devise my house known as No 1 Camden Terrace East
Finchley in the county of Middlesex and my villa known as Cragoar
in Conley Hatch lane unto my son Harold Newman absolutely.
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I devise and bequeath all my lands hereditaments moneys and
property real and personal moveable and immoveable situate and
being at St. John's and elsewhere in the Colony of Newfoundland
to my trustees Upon trust as to any rents of hereditaments or
immoveable property there situate accrued due up to the time
of my decease and then remaining due to divide and pay the same
equally between and to my said wife and my said son Wyndham
Newman and as to the residue of my said property in the said
colony to receive the annual income thereof during the life and
widowhood of my said wife and thereout to pay to her such an
annual sum as together with her income arising from other sources
under this my will and from our marriage settlement and from
the will of my late mother shall amount to the annual sum of
one thousand pounds computed from my decease and subject as aforesaid
my trustees shall stand seized possessed and entitled of and
to my said property in the said colony in trust to pay the net
annual income thereof to my said son Wyndham Newman during
his life and after his decease in trust for such of his children
in such manner ashe shall by deed or will appoint and in default
of and subject to any such appointment in trust for all his children
(if more than one) in equal shares and if there shall be only
one such child the whole to be held in trust for that child Provided
always that a child taking any share or portion of the said lands
hereditaments moneys and property in the said colony under any
such appointment as aforesaid shall not take any share or portion
of the unappointed part thereof unless he or she shall bring
the share or portion appointed to him or her or the value thereof
(such value and the value of any unappointed share or portion
to be ascertained in such manner as my trustees may think fit)
into hotchpot and account for the same accordingly unless my
son Wyndham Newman shall on making any such appointment
direct the contrary And if there shall be no child of my said
son Wyndham In trust for my said son Harold Newman absolutely
Provided always and I declare that it shall be lawful for my
trustees to lay out and expend any money which at the time of
my decease may be on deposit account at any bank in Newfoundland
in my name in the erection or improvement of any house or houses
or other buildings upon any of my land situate in Newfoundland.
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I bequeath the following legacies (that is to say)
- to my son Wyndham Newman the sum of one thousand
pounds
- To my wifes half sister Eleanor Mabel Wyndham one
hundred pounds
- to my dear friend the Reverend John Dene of
Horwood Devon fifty pounds
- to my godson Humphrey Dene twenty pounds
- to my god daughter Evelyn Wright the wife
of Keith Wright resident in Fiji twenty pounds
- to my godson Major John Reginald Wyndham (2nd Wilts
Regiment) ten pounds
- to John Treale my Bailiff if he shall be
in my service at the time of my death one hundred pounds
- to my coachman William Hawkins if still in
my employ the sum of £25 (twenty five pounds)
- to such of my domestic servants as shall be and
have been in my service for five consecutive years at the time
of my death five pounds each all such legacies hereinbefore
by this clause bequeathed to be free of duty
- to my said daughter Kathleen Mary Wyndham Davies four
thousand pounds but subject to the direction hereinafter contained
- to my daughter Lilian Wyndham Bush the sum
of fifty pounds to be payable immediately after my death and
also the sum of three thousand pounds but such legacy of three
thousand pounds to be subject to the direction hereinafter
contained
- To my said son Harold Newman three thousand
pounds
- To each of my granddaughters Sybil Eleanor Kathleen
Davies and Olga Mary Wyndham Davies one hundred
pounds
- To Eileen Lilian daughter of the said Lilian
Wyndham Bush fifty pounds
- to my trustees five hundred pounds free of legacy
duty In trust to apply the capital and income (if any) at such
time or times and in such manner as my trustees may think fit
for the education advancement in life or benefit of the said William
Gilbert Wyndham son of my said daughter Lilian Wyndham
Bush Provided and I declare that in case I shall during
my life pay any sum or sums of money too or for the education
advancement in life or benefit of the said William Gilbert
Wyndham the amount thereof shall be deducted from and taken
in satisfaction so far as the same will extend of the legacy
of five hundred pounds last aforesaid.
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I direct that the sum of one thousand five hundred pounds to
which my daughter Kathleen Mary Wyndham Davies shall become
entitled under clause 13 of this my will and the legacy of four
thousand pounds hereinbefore bequeathed to her shall not be paid
over to her but shall be retained by my trustees and held by
them Upon the trusts hereinafter declared concerning the same
And I direct that my executors and trustees shall retain the
shares by clause 12 of this my will bequeathed to my same daughter
Upon trust at the discretion of my trustees or trustee either
to retain the same or to sell and convert them into money And
I declare that my trustees or trustee shall stand possessed of
the said legacies of one thousand five hundred pounds and four
thousand pounds respectively and the moneys to arise from the
sale and conversion last aforesaid Upon trust to invest the same
respectively and to stand possessed of the said legacies and
the investments representing the same and the said last mentioned
shares and the moneys arising from the saleor conversion thereof
or of any of them and the investments representing such money
(all which legacies shares moneys and investments are hereinafter
in this clause included in the description of the said trust
legacies) Upon Trust to pay the income thereof to my said daughter Kathleen
Mary Wyndham Davies for her life for her separate use independently
of any husband and without power of anticipation And after her
death the capital and income of the said trust legacies shall
be held in trust for all or any one or more exclusively of the
others or other of the issue of my said daughter Kathleen whether
children or remoter descendants at such age or time in such manner
and if more than one in such shares as she shall whether convert
or sale 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 of the children of my said daughter Kathleen who
being sons or a son attains or attains the age of twenty one
years or being daughters or a daughter attain or attains that
age or marry or marries and if more than one in equal shares
And I declare that any child who or whose issue shall take any
part of the said trust legacies under any appointment by my said
daughter Kathleen shall not in default of any appointment
to the contrary take any share in the unappointed part without
bringing the share appointed to him or her or his or her issue
into hotchpot and accounting for the same And if there should
not be any child of my said daughter Kathleen who under
the trust in default of appointment hereinbefore contained attains
a vested interest in the said trust legacies then I direct that
subject to the trusts and powers hereinbefore declared in favour
of my said daughter Kathleen and her issue and to every
exercise of such powers my trustees shall held the said trust
legacies and the income thereof and all statutory accumulations
or income or so much thereof respectively as shall not have been
applied under any of the powers hereinbefore contained or referred
to Intrust for my son Harold Newman absolutely
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I direct that the legacy of three thousand pounds hereinbefore
bequeathed to my said daughter Lilian Wyndham Bush shall
not be paid over to her but shall be retained by my trustees
and held by them Upon the trusts hereinafter declared concerning
the same And I direct that my executors and trustees shall retain
the shares by clause 12 of this my will bequeathed to my same
daughter Upon trust at the discretion of my trustees or trustee
either to retain the same or to sell and convert them into money
And I declare that my trustees or trustee shall stand possessed
of the said legacy of three thousand pounds and the moneys to
arise from the sale and conversion last aforesaid Upon trust
to invest the same respectively and to stand possessed of the
said legacy and the investments representing the same and the
said last mentioned shares and the moneys arising from the sale
or conversion thereof or any of them and the investments representing
such money (all which legacy shares money and investments are
hereinafter included in the description the said trust legacies)
Upon trust to pay the income thereof to my said daughter Lilian
Wyndham Bush for her life for her separate use independently
of any husband and without power of anticipation And after her
death in trust (as to both capital and income for all or any
one or more exclusively of the others or other of the following
persons namely my grand children the said William Gilbert
Wyndham and Eileen Lilian and their respective issue
and any issue of the present or any future marriage of the said Lilian
Wyndham Bush at such age or time in such manner and if more
than one in such shares as she shall whether convert or sale
by deed revocable or irrevocable or by will or by codicil appoint
and in default of and subject to any such appointment In trust
for all or any of them the said William Gilbert Wyndham Eileen
Lilian and the children of the said Lilian Wyndham Bush by
her present or any future marriage who being male attain or attains
the age of twenty one years or being female attain or attains
the age or marry or marries and if more than one in equal shares
And I declare that any person who or whose issue shall take any
part of the said trust legacies under any appointment by the
said Lilian Wyndham Bush shall not in default of any appointment
to the contrary take any share in the unappointed part without
bringing the share appointed to him or her or his or her issue
into hotchpot and accounting for the same and if none of them
the said William Gilbert Wyndham Eileen Lilian or the
child or children of the said Lilian Wyndham Bush and
the issue of them respectively shall attain a vested interest
in the said trust legacies then I direct that subject to the
trusts hereinbefore declared in favour of my said daughter Lilian
Wyndham Bush and to the powers of maintenance and any other
the powers by law vested in my trustees and to every exercise
of such powers my trustees shall hold the said trust legacies
and the income thereof and all statutory accumulation of income
or so much thereof respectively as shall not have been applied
under any such powers as aforesaid In trust for my said son Harold
Newman and my said daughter Kathleen Mary Wyndham Davies in
equal shares And I declare and direct that in case my said daughter Lilian
Wyndham Bush or the said William Gilbert Wyndham or
the said Eileen Lilian or any issue of the said Lilian
Wyndham Bush shall be living at my decease then so long as
any of them shall be living and until the said sum or legacy
of three thousand pounds hall set apart and invested as aforesaid
interest at the rate of four per cent per annum from the time
of my decease shall be paid and applied to the person or persons
and in the manner to whom and in which the income of the investments
representing the said legacy or sum of three thousand pounds
would have been payable or applicable if such sum or legacy had
been set apart and vested immediately on my decease.
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I declare that in case my said daughters or either of them shall
die in my lifetime the said legacies bequeathed to them or her
and settled respectively the last two preceding clauses hereof
in manner aforesaid shall not lapse but shall be held upon and
with and subject to such trusts powers and provisions as would
be applicable thereto respectively if my said daughters or daughter
(as the case may be) had survived me and died immediately after
my decease.
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I devise all the residue of my real and chattel real estate
to my said trustees upon trust to permit my said wife to receive
the rents and profits thereof during her life if she shall so
long remain my widow and from and after her decease or her remarriage
(whichever shall first happen) In trust for my said son Wyndham
Newman absolutely. The residue of the personal estate of
which I shall die possessed or of which I may have power to dispose
I bequeath to my trustees upon trust that my trustees shall sell
call in and convert into money so much of the same as shall not
consist of money and shall with and out of the proceeds of such
sale calling in and conversion and my ready money pay my funeral
and testamentary expenses and debts and the pecuniary legacies
bequeathed by this my will and the duty on such of the said legacies
as are hereby bequeathed free of legacy duty and shall invest
the residue of such proceeds and money and shall stand possessed
of such residue and the investments representing the same Upon
trust to pay the annual income thereof to my said wife during
her life so long as she shall remain my widow and from and after
her decease or second marriage whichever shall first happen In
trust for my said son Wyndham Newman absolutely Provided
always and I declare that my trustees may postpone the sale calling
and conversion of the whole or any part or parts of my residuary
personal estate for such period of time as my trustees shall
think fit And I declare that all the income arising from my residuary
personal estate (whether consisting of investments of an authorised
nature or not) until the sale calling in and conversion thereof
shall for all the purposes of this my will and as between all
persons interested hereunder and as well during the first year
after my decease as afterwards be payable and treated as if the
same were income arising from the proceeds of such sale calling
in and conversion or the investment thereof Whereas on the occasion
of the marriage of my son Wyndham Newman I covenanted
to pay to the trustees of his marriage settlement within six
months after my death the sum of five thousand pounds and it
is my intention that such sum of five thousand pounds shall be
deducted from or charged upon the interest taken by my said son Wyndham
Newman under this my will Now I hereby charge such sum of
five thousand pounds and any interest which may become payable
thereon upon such parts of my estate real and personal as are
by this my will or shall be by any codicil hereto (otherwise
than by way of specific will or shall be my any codicil hereto
(otherwise than by way of specific bequest of personal chattels)
devised or bequeathed to or in trust for my said son Wyndham in
exoneration of all other my real and personal estate And I declare
that in case my personal estate remaining after payment and satisfaction
of my funeral and testamentary expenses and my debts (other than
the said sum of five thousand pounds and any interest thereon)
and the legacies (specific and pecuniary) by this my will or
any codicil hereto bequeathed shall not be sufficient for the
payment of the said sum of five thousand pounds and interest
it shall be lawful for my trustees at any time within the lifetime
of my said son Wyndham or twenty one years from his decease
to appoint all or any of the real estate devised to or in trust
for my said son Wyndham to such uses as my trustees may
think fit for the purposes of raising by mortgage or charge the
said sum of five thousand pounds and any interest thereon and
the expenses so appointed be not greater than the estate or interest
of my said son Wyndham in the real estate appointed and
be subject to all estates and interests therein having priority
to the estate or interest of my same son.
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(There is no legal clause break numbered 26 in this will)
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(There is no legal clause break numbered 27 in this will)
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I direct that all moneys which ought to be invested under any
of the aforesaid trusts hall be invested in the names of my trustees
in or upon any of the following securities (but not otherwise)
that is to say in or uponany of the public stocks or funds or
government securities of the United Kingdom or any British colony
or dependency or in stock of the Bank of England or upon real
or leasehold securities in England and Wales but not elsewhere
or upon the debentures or debenture stock or preference or guaranteed
shares or stocks of any railway company in Great Britain incorporated
by Act of Parliament and paying dividends on its ordinary shares
or stock or in or upon the stocks shares paying dividends on
its ordinary shares or stock or in or upon the stocks shares
or securities of any railway company in India having a fixed
rate of interest on its capital stock guaranteed or secured by
the government of India or in or upon the stocks bonds debentures
or securities of any municipality county or district council
public body or local authority in the United Kingdom but not
in any securities to bearer or transferable by mere delivery
or delivery and endorsement And I declare that my trustees shall
have power from time to time to vary the said investments into
or for others of the same or a like nature.
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I empower my trustees at their discretion to retain for such
time as they shall think fit all or any part of my estate in
or upon such investments or personal or other securities as shall
be subsisting at my decease.
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And I declare that the statutory power of appointing new trustees
hereof shall be exercised by my said wife during her life or
widowhood Provided always and it is my wish that the number of
the trustees of this my will shall at all times be kept up to
not less than three and that in the event of the number becoming
at any time by death or otherwise reduced below that number the
vacancy or vacancies shall as soon as circumstances will conveniently
admit be filled up so as to restore that number but nevertheless
any acts or proceedings of the trustees or trustee for the time
being in the interval before the filling up of such vacancy or
vacancies shall not be invalidated by reason of the same not
having been done.
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And I direct that any executor or trustee of this my will being
a solicitor or other person engaged in any profession or business
may be engaged to transact any business or to do any act of whatever
nature required to be done in the premises 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
executorship and trust including acts which an executor or trustee
could have done personally
Correct.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland