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A Collection of Newfoundland Wills
(P)
Charles George Preston

 

Will of Charles George Preston
from Newfoundland will books volume 9 pages 195-203 probate year 1911

In re
      Charles George Preston         deceased.

      This is the last will and Testament of me Charles George Preston of Upper Melbourne Street south Brisbane in the Colony of Queensland Consulting Engineer I revoke all wills codicils or Testamentary dispositions heretofore made by me and declare this to be my last will and Testament I appoint James Milue of Messieurs Smellis and Company of Brisbane in the said Colony Machinery Importers and the Queensland Trustees Limited of 177 Queen Street Brisbane aforesaid Executors and Trustees of this my will

I bequeath to my wife Annie Eliza Preston a legacy of three hundred pounds to be paid over to her as soon as conveniently may be after my decease and I bequeath to my son John Charles Preston the two oil paintings given to me by my aunt Elizabeth Congdon Skinner and I desire that the same shall be kept and regarded by him as heirlooms and that if he shall at any time wish to dispose of the same he shall place them under offer to all the members of the family in order of seniority before allowing the public to compete for them

I bequeath all other my pictures and my books and furniture nick nacks jewellery and ornaments unto the said James Milue and Queensland Trustees Limited and direct that they shall cause the same to be valued by an expert whose valuation shall be final and conclusive and that such of the members of my family as are interested under this my will shall be at liberty to take same pro rata at such values and instead of paying each thereof their respective interests under this my will shall be debited with the amount of such values Provided that if none of the members shall elect to take the said Pictures books furniture nicks nacks jewellery and ornaments then the same shall be subject to the power of conversion hereinafter contained

I devise unto the said James Milue and Queensland Trustees Limited (hereinafter called “my said Trustees”) all the real estate and I bequeath to them all the residue of the personal estate of or to which I shall be seized possessed or entitled at my decease upon the trusts and subject to the declarations following that is to say upon trust in- First sheet witnesses Frederic D. Hemming R. M. Rutledge Chas G. Preston- their discretion to sell or convert into money my said estates or such parts thereof as shall be of a saleable or convertible nature and to get in the other parts thereof with power to sell by public auction or private contract together or in parcels subject to such terms and conditions as to title or the evidence or commencement of title or the time or mode of payment of the purchase money or indemnity against or apportionment of encumbrances or as to any other matters relating to the sale as my said Trustees shall judge expedient and to fix reserve biddings and buy in property for sale and vacate or vary contracts for sale and to resell as aforesaid without liability to answer for any consequential loss and generally to effect the sale and conversion of my said estates in such terms and in such manner as my said Trustees shall deem most advantageous I empower my said Trustees to suspend for such a period as they shall judge expedient the sale conversion or getting in of my said estates or any part or parts thereof respectively and during the suspense of the sale conversion or getting in of my said estates to manage and order all the affairs thereof as regards letting occupation cultivation repairs insurance against fire receipt of rents indulgences and allowances to tenants and all other matters but so that no lease shall be granted otherwise than from year to year or for a term not exceeding twenty one years in possession at the most improved rent I also empower my said Trustees to mortgage (if it should be considered necessary so to do) all or any part of my said estates for the purpose of effecting necessary repairs improvements or additions thereon or thereto And I declare that for the purpose of enjoyment and transmission under the trusts hereinafter contained my said estates shall be considered as money from the time of my decease and the rents dividends interest and other yearly produce thereof respectively to accrue due after my decease and until the actual sale conversion and getting in thereof shall be declared the annual income thereof applicable as such for the purposes of the said trusts without regard to the amount of such income or to the nature of the property or investments yielding the same and as to the moneys to arise from the sale conversion or getting in of my said estate I direct my said Trustees there out to pay - second sheet Witnesses Frederic D. Hemming R. M. Rutledge Chas P. Preston - or retain all the expenses incident to the execution of the preceding trusts and powers and the legacy bequeathed by this my will and out of the ultimate surplus to set apart the sum of Five thousand pounds by investing the same in the names of my said Trustees in the stocks funds or securities of the Government of Queensland or of any of the Australasian Colonies or in or upon mortgage of unencumbered freehold property in Queensland or in any of the Australasian Colonies or at fixed deposit in any Banking Company with limited liability or in the fully paid up shares of any public Company (except mining Companies) or in any Building Society in Queensland or any of the Australasian Colonies or in the debentures of the Municipality of the city of Brisbane but not elsewhere and not in or upon any other kind of security with power for my said Trustees from time to time to vary the said investments into or for others of the same or a like nature and with further power to my said Trustees to continue any investments subsisting at the time of my decease and I further direct my said Trustees to stand possessed of the said Trust moneys or the stocks funds or securities whereon the same shall be invested as aforesaid which moneys stocks funds or securities are hereinafter referred to under the denomination of “The said Trust Fund No 1” Upon trust to pay the annual income thereof to my said wife during her life or so long as she shall remain my widow she thereout maintaining educating and bringing up in a manner suitable to their station in life such of my sons by her as shall for the time being be under the age of twenty one years and such of my daughters by her as shall be under that age and unmarried and from and immediately after the remarriage of my said wife then I direct my said Trustees to apply such income or so much thereof as shall in their opinion be necessary or requisite for the maintenance education support or otherwise for the advancement in life of all my same children by her and as to the surplus of the said income (if any) I direct that the same shall fall into and form part of the residue of the moneys arising from the sale and conversion hereinbefore authorised and shall be subject to the same trusts as are hereinafter declared in respect of such residue and I further direct that subject to the application of the income thereof in manner aforesaid the Capital of the said trust fund No 1 shall upon the- Third sheet witnesses - Frederic D Hemming R.M. - Rutledge Chas. G. Preston - decease or marriage again of my said wife fall into and form part of the said residue of the moneys arising from the said sale and conversion and be applied accordingly

And as to the residue of the moneys arising from the said sale and conversion (hereinafter called the said trust fund No. 2) I direct my said Trustees to invest the same upon the investments hereinbefore authorised and to stand possessed of the Capital and income of such investments upon trust for my child if only one or all my children if more than one by my former and present wife as and when such child or children being a son or sons shall attain the said age of twenty one years or being a daughter or daughters shall attain that age or marry and if more than one to take in equal shares as tenants in common I empower my said Trustees during the minority of any child of mine to apply such part as they shall think fit of the annual income of the fund or share to which such child shall be entitled or contingently entitled in possession in or towards the maintenance and education or otherwise for the benefit of the same child I empower my said Trustee in their discretion and notwithstanding any of the trusts hereinbefore declared to apply any part or parts not exceeding in the whole one moiety of the capital of the fund or share to which any child of mine shall be entitled or contingently entitled in or towards the advancement in life or otherwise for the benefit of the same child whether such child shall be a son or a daughter or shall be under the age of twenty one years or not married

I declare that any child of mine by my former wife who participates or benefits under a certain contract of marriage bearing date the twenty first day of May one thousand eight hundred and sixty three executed by me and my late wife Margaret Preston in contemplation of our then intended marriage or under a certain nomination of Trustees under the provisions of the Real Property Acts of 1861 and 1877 bearing date the twenty third day of January 1893 and registered Number 264499 shall bring his her or their share or shares thereunder into hotchpot and account for the same and if any or either of my same children shall refuse so to do they he or she so refusing shall be debarred from participating or taking any share or interest under this my will and the share or shares or interest or interests under this my will of any one or more of my same children so refusing shall be divided between my other children whether by my former or present wife.- Fourth Sheet witnesses Frederic D. Hemming R. M. Rutledge Chas G. Preston- in equal shares as tenants in common

I declare that if any of my said children by my former or present wife shall die in my lifetime or before attaining a vested interest under this my will leaving issue him or her surviving such issue shall take and if more than one equally between them the share to which such child or children would have been entitled if living at my decease. And I declare that the interest of any female under this my will shall be for her sole and separate use free from the debts control or engagements of any husband with whom she or they may intermarry     I devise all estates vested in me as a Trustee or Mortgagee unto my said Trustees subject to the trusts and equities affecting the same and so that the moneys secured by any such mortgages shall form part of my personal estate I direct that the said Queensland Trustees Limited shall be the managing Executors and Trustees of this my will and I declare it to be my desire that the firm Messieurs W. R. Wilson Hemming who are now my solicitors or their successors in business shall continue to act as such in all matters relating to my property and affairs and shall make the usual professional charges in respect thereof In witness whereof I have to this and the four preceding pages of this my will subscribed my name at Brisbane this twenty fifth day of March in the year of our Lord one thousand eight hundred and ninety five    Chas. G. Preston Signed and acknowledged by the said Testator Charles George Preston as and for his last will and Testament in the presence of us present at the same time who at his request in his sight and presence and in the sight and presence of each other have hereunto subscribed our names as witnesses
Frederic D. Hemming
H. M. Rutledge

clerks with Messrs W. H. Wilson & Hemming Solicitors Brisbane.

This is a Codicil to the last will and Testament of me Charles George Preston of Brisbane in the state of Queensland Consulting Engineer which will bears date the twenty fifth day of March one thousand eight hundred and ninety five whereas I am desirous of preventing any question arising as to the ownership of any property acquired by my present wife from or through me and during my lifetime Now I do hereby declare that as to any real or personal property acquired by my said wife from or through me or standing in her name at the date of my decease including also any Books in which her name is written and any jewellery given by me to her the same shall be considered as her absolute property and shall not be considered as forming any part of my estate and in all other respects I confirm my said will In witness whereof I have to this a codicil to my said will (and to be taken as part thereof) set my hand at Brisbane this seventh day of June in the year of our Lord one thousand nine hundred and one Chas. G. Preston     Signed and acknowledged by the said Testator as and for a Codicil to his last will and Testament (and to be taken as part thereof) in the presence of us both present at the same time who at his request in his sight and presence and in the sight and presence of each other have hereunto subscribed our names as attesting witnesses.
Frederic D. Hemming
E. E. Edwards
(LS)
Clerks with Messrs W. R. Wilson & Hemming Solicitors Brisbane

Certified correct,
D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
Jan 30/11
C. J.
adm c.t.a.
Feb. 3/11
to
Jas. J. McGrath
Sureties
Jas. F. Parker
Jas A. ???
Estate sworn
at $2600.00

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

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

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