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A Collection of Newfoundland Wills
(T)
James Stevenson Twysden
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Will of James Stevenson Twysden
from Newfoundland will books volume 9 pages
220-227 probate year 1911
In re
James S. Twysden deceased.
I, James Stevenson Twysden of
Churston House Kingsbridge in the County of Devon a Captain on the Retired
List of His Majesty’s Navy and a Justice of the Peace for the County
of Devon hereby revoke all former wills and Codicils made by me and declare
this to be my last will.
1. I appoint my wife Aileen Frances
Mary Twysden Marmaduke D’ Arcy Wyvill of Constable Barton Yorkshire
Esquire and Ashley Anthony Froude of Collspit House
near Kingsbridge aforesaid esquire to be the Executors and Trustees of
this my will.
2 I bequeath to my said wife absolutely all my jewels trinkets
watches personal ornaments and wearing apparel and also all my wines
liquors provisions and consumable stores.
3. I bequeath the following
pecuniary legacies free of all duties
- To my wife
the said Aileen Frances Mary Twysden the sum of three hundred and fifty
pounds to be paid to her as soon after my decease as possible.
- To
each of my Trustees other than my said wife who shall prove my
will and act in the trusts thereof the sum of One hundred pounds.
- To
my sister Isabella (Lady Fergusson) the sum of one hundred
pounds wherewith to purchase some memento of me.
- To each of my Domestic
outdoor and indoor servants Gardeners Coachmen Grooms and Keepers
in my service at my decease who shall not be under notice to leave
and who shall at my death have been in such service for twenty years
and upwards four years wages.
- To each of such servants as aforesaid
as shall at my decease have been in my service for fifteen
years and upwards three years wages
- To each of such servants
as aforesaid as shall at my decease have been in my service
for ten years and upwards two years wages
- and To each of such
servants as aforesaid as shall at my decease have been in my
service for five years and upwards one years wages in addition to any
moneys owing to such servants respectively by me at my decease.
4
I devise to my wife the said Aileen Frances Mary Twysden in fee simple
all that my freehold messuage or tenement with the outbuildings and
lands belonging thereto know as Churston House aforesaid now in my occupation
together also with the lands adjoining thereto called Rider’s and
Davies Tenement now partly in my own occupation and partly in the occupation
of John Cornish Langworthy as my tenant.
5 I devise
and bequeath all my real estate of every tenure and all my personal
estate and effects whatsoever and wheresoever not hereby otherwise
disposed of and subject as aforesaid unto and to the use of my Trustees
their heirs executors and administrators respectively according to
the nature thereof upon the trusts and subject to the powers and
provisions herein declared and contained concerning the same that
is to say upon trust to permit my said wife to have the use and enjoyment
of all my pictures books furniture plate silver china and other effects
of domestic or household use or ornament and all my carriages horses
harness and stable utensils during her life she keeping the same
property insured against fire. And I declare that my Trustees shall
not be concerned to see to the insurance thereof or be liable for
any loss or damage which may happen thereto from any cause whatsoever
and my said wife shall be under no obligation to replace any chattel
article or thing as aforesaid which may be lost or become worn out
unserviceable or useless. And subject to the trust hereinbefore declared
by Trustees shall have power to sell call in collect and convert
into money my said real and personal estate at such time or times
and in such manner as they shall think fit with full power and discretion
to postpone such sale calling in and conversion of the whole or any
part or parts of the said premises including leaseholds or other
property of a terminable or wasting nature during such period as
they shall think proper and to retain the same or any part thereof
in its present form of investment without being responsible for loss.
6. My Trustees shall out of the money to arise from the sale and
conversion of my said real personal estate and out of my ready money
pay my funeral and testamentary expenses and debts except mortgage
debts (if any) on property specifically devised or bequeathed which
debts are to be paid primarily out of the property charged therewith
and shall also pay or provide for the legacies and annuities hereby
or by any Codicil hereto bequeathed and the duties payable in respect
of such legacies and annuities as are bequeathed free of duty. And
shall invest the residue of the said moneys in manner herein mentioned
and shall stand possessed of the investments hereby directed to be
made or authorized to be retained (hereinafter called “the
trust fund”) and of the annual income thereof upon the
trusts following.
7. My Trustees shall out of the income of the trust
fund after providing for the payment of the cost of repairs insurance
and other necessary expenses incurred by them in relation to the
execution of the trusts declared by this my will pay to my said wife
during her life for her separate use the sum of three thousand pounds
per annum by equal quarterly payments And shall pay to my son Roger
Thomas Twysden from the date of my death and until he shall attain
the age of twenty five years such a yearly sum not exceeding the
sum of Two hundred pounds as my said wife if living in her sole discretion
shall deem advisable and my Trustees shall until such time as my
said son Roger Thomas Twysden attains the age of twenty five years
accumulate the surplus (if any) of the income of the trust fund by
investing the same and the resulting income thereof at compound interest
in any of the investments hereby authorized and shall on my said
son Roger Thomas Twysden attaining the age of twenty five years pay
or transfer to him absolutely the whole of such accumulations and
thence forth pay the whole of the income of the trust fund after
providing for repairs management and necessary expenses as specified
in clause 7 aforesaid and after providing for the annuity of three
thousand pounds hereinbefore given to my said wife during her life
unto my said son Roger Thomas Twysden absolutely during the lifetime
of my said wife.
8.
From and after the death of my said wife my Trustees shall stand
possessed of the trust fund and the capital and income thereof upon
trust to pay to my younger son William Adam Duncan Twysden if and
when he shall attain the age of twenty five years the sum of twelve
thousand pounds and upon further trust to pay to each of my Daughters
or any Daughter of mine who attains or shall have attained the age
of twenty one years or marries the sum of eight thousand pounds for
her sole and separate use and upon further trust as to the balance
of the trust fund and the capital and income thereof to pay the same
to my said son Roger Thomas Twysden if and when
he attains the age of twenty five years.
9. And I
hereby declare that (notwithstanding any thing hereinbefore contained
to the contrary) in the event of my said son Roger Thomas
Twysden dying before he shall have attained the age of twenty five years
and without leaving issue male him surviving then any benefit given
to him under clauses 7 and 8 of this my will shall on his death cease
and determine and my will shall be read as if the name of my second
son the said William Adam Duncan Twysden had been inserted in clauses
7 and 8 hereof instead of and in the place of the name of my son
Roger Thomas Twysden and I further declare that in case this clause
shall become operative the benefits to be received by my said son
William Adam Duncan Twysden under this substitutionary clause shall
be in lieu of any benefits given to my said son William Adam
Duncan Twysden under clause 8 hereof and in such event each or any of my
Daughters who is entitled to receive any part of the trust fund under
the trusts declared in clause 8 hereof is to receive and to be paid
out of the sum of twelve thousand pounds given to my said son William
Adam Duncan Twysden by clause 8 hereof a further sum of one thousand
pounds in addition to the sum of eight thousand pounds given to her
by such last mentioned clause and further that in the event of my
said son Roger Thomas Twysden dying under the age of twenty five
years leaving him surviving a Daughter or Daughters only and no Son
such Daughter or Daughters of my said son Roger Thomas Twysden shall
take between them if more than one in equal shares the sum of nine
thousand pounds which is also to be paid out of the sum of twelve
thousand pounds given to my said son William Adam Duncan
Twysden by clause 8 hereof.
10.
I hereby further declare that in the event of both of my said sons
dying before attaining the age of twenty-five years and without leaving
issue male them or him surviving then from and after the death of
my said wife my Trustees shall stand possessed of the trust fund
and the capital and income thereof In trust for all or any my Daughters
or Daughter who have attained or shall attain the age of twenty one
years or have married or shall marry under that age and if more than
one in equal shares. And I further declare that in the event of both
of my said sons dying without attaining the age of twenty five years
leaving a Daughter or Daughters him or them surviving but no Son
such Daughters or Daughter shall if the trust fund comes to be divided
between my own Daughters or Daughter under the previous provisions
of this clause receive out of the trust fund a sum equal to the share
of a Daughter of mine under the terms of this clause such female
representatives of my said son or sons to take per stirpes and not
per capita the amount which her or their parent would have taken
if such parent had been a Daughter or Daughters of mine and entitled
to share therein under the terms of this clause.
11.
In case any child of mine being a son shall die under the age of
twenty five years leaving lawful issue him surviving or in case any
child of mine being a Daughter shall die under the age of twenty
one years or having married under that age and leaving lawful issue
her surviving then such issue who being male attain the age of Twenty
one years or being female attain that age or marry and if more than
one as tenants in common in equal shares shall take the share in
the trust fund which his her or their parent would have taken had
such parent survived me and attained a vested interest therein but
this clause shall not be construed so as in any way to reduce or
override the benefits hereinbefore given to my said son William
Adam Duncan Twysden in the event of his Brother the said Roger
Thomas Twysden dying before attaining the age of twenty
five years and without leaving issue male him surviving
12.
I declare that my Trustees may allow the trust fund or any part thereof
to remain in the actual state of investment thereof at the time of
my decease so long as they may think fit notwithstanding any direction
as to investments herein contained and notwithstanding the fact that
such securities may not be of a nature usually regarded as trust
securities and without being answerable for any loss or depreciation
occasioned thereby.
13. I direct that any monies liable to be invested
by my Trustees may be invested in their names in any of the following
forms of investment with liberty to vary and transpose the same from
time to time namely in any of the investments for the time being
allowed by law for the investment of trust funds or in the stocks
or funds of any British Colony or Dependency or in the purchase or
mortgage of freehold property
14 Lastly the Statutory Power of appointment
of new Trustees of this my will shall be exercisable by my said wife
during her life
In witness whereof I have to this my will contained
in this and the five preceding sheets of paper set my hand this seventeenth
day of November one thousand nine hundred and eight. James
Stevenson Twysden Signed by the Testator the said
James Stevenson Twysden as his last will in the presence of us both
being present at the same time who in his presence and in the presence
of each other have hereunto subscribed our names as witnesses William
Davies Solicitor Kingsbridge Devon Thomas
Adams,
Greyston Kingsbridge J.P. for Devon.
Certified correct,
D. M. Browning
Registrar
(Listed in the margin next to this will the following)
Fiat
Resealed
Mar 14/11
Johnson J.
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Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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