Will of Charles Henry Watson from Newfoundland will books volume 14 pages 229-238 probate year 1928

In re
      CHARLES HENRY WATSON.       DECEASED.

I Charles Henry Watson now of New House Park St Albans in the county of Hertz Gentleman hereby revoke all former wills codicils and testamentary instruments made by me and declare this to be my last Will I bequeath to my wife Maria all my watches jewelery trinkets and personal ornaments wearing apparel wines liquors provisions and household consumables stores horses carriages harness saddlery and stable furniture I also bequeath to my said wife the use and enjoyment of all my furniture plate and other household effects during her life she keeping the same properly insured against fire and I declare that after her death the same shall fall into my residuary estate And I declare that it shall not be necessary to take an inventory thereof and that my executors and trustees shall not be concerned to see to the insurance thereof or be liable for any loss or damage that may happen thereto from any cause whatever Provided always and I declare that it shall be lawful for my said wife at any time with the consent in writing of my trustees to sell any part of the said furniture and effects and to apply the proceeds in the purchase of other effects of a like nature to be held upon the same trusts I bequeath to my said wife the sum of one thousand pounds to be paid to her as soon as may be after my decease for her immediate requirements

I bequeath the following legacies

• To my Father William Watson the sum of One thousand pounds
• To my Mother Emma Watson the sum of One thousand pounds
• To my brother Lewis Septimus Watson the sum of one thousand pounds
• To my brother Percy Octavius Watson the sum of One thousand pounds
• To my brother Albert Ernest Watson the sum of One thousand Pounds
• To my brother Edward Herbert Watson the sum of one thousand pounds
• and to my sister Mary Fanny Watson the sum of one thousand pounds

but in case any of them my said brothers or sister shall die in my lifetime then I direct that his or her legacy shall be paid to or retained by my trustees and invested by them if necessary in any of the modes in which my residuary Estate is hereinafter authorised to be invested with power from time to time to vary the investments into or for others of an authorised description and that such legacy or the investments for the time being representing the same and the income thereof shall be held by my trustees In Trust for all or any of the children or child of the brother or sister so dying who shall who shall be living at my decease and shall obtain the age of twenty one years or being daughters or a daughter shall marry and if more than one in equal shares

I bequeath to my said wife an annuity of Two thousand pounds during her life commencing from my death for her separate use without power of anticipation such annuity to be payable quarterly on the usual quarter days the first payment of an apportioned part thereof from my decease to be made on such of the said days as shall happen after my death I authorize my Trustees in case at any time they shall in their absolute discretion deem it convenient so to do to appropriate and retain a sufficient part of my estate for answering by the annual income thereof the annuity hereinbefore bequeathed but my Trustees shall not be bound to make any such appropriation and this provision shall be without prejudice to the powers of sale and investment and transposing investments hereinafter contained And I declare that in case the annual income of the appropriated fund shall at the time of appropriation be sufficient to satisfy the said annuity such appropriation shall be a complete satisfaction of the trust to provide for such annuity and in case the income of the appropriated fund shall at any time and from any cause whatever prove insufficient for payment of the said annuity in full resort may be had to the capital thereof from time to time to make good such deficiency and the surplus (if any) of the said fund from time to time remaining after payment of the said annuity shall be applicable as income of my residuary estate And I declare that as and when the said annuity shall cease the appropriated fund shall sink into my residuary estate And I authorize my Trustees in their uncontrolled discretion to continue to pay out of the income of my residuary estate any annuities or charitable or other allowances donations or subscriptions which I shall have paid in my lifetime or any part thereof during such time or times not exceeding ten years from my death as they shall think fit

I devise and bequeath all my real estate of every tenure and all my personal estate and effects whatsoever and wheresoever not otherwise disposed of by this my will or any Codicil hereto Unto and to the use of my brother William George Watson and my said wife Maria Watson their heirs executors and administrators respectively according to the nature thereof Upon trust that the said William George Watson and Maria Watson or other the Trustees or Trustee for the time being of this my will (herein called "my Trustees") shall sell call in collect and convert into money the said real and personal estate and premises at such time or times and in such manner as they shall think fit (but as to reversionary property not until it falls into possession unless it shall appear to my Trustees that an earlier sale would be beneficial) and so that they shall have the fullest power and discretion to retain for so long as they think fit any investments or securities existing at my death in their then existing state although not authorised by law or by the investment clause hereinafter contained or generally suitable for investment by Trustees and generally to postpone the 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 wearing out nature during such period as they shall think proper without being responsible for loss but not withstanding any such postponement of conversion of my real estate the same shall for the purpose of transmission be considered as converted from the time of my death And my Trustees shall out of the moneys to arise from the said sale calling in and conversion of or forming part of my said real and personal estate pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my will or any codicil hereto and make (if they shall in their uncontrolled discretion think fit to do so) provision for the payment of any annuities so bequeathed by setting apart a fund or funds to meet the same and shall pay the duty on any legacies or annuities bequeathed free of duty
And I declare that all the net rents profits and income arising from my estate real or personal hereinbefore directed to be sold called in and converted in whatsoever condition or state of investment the same may be and whether consisting of investments of an authorised character or not and whether of a permanent or terminable or wearing out nature shall until such sale calling in or conversion and as well during the first year after my death as afterwards be applied as if the same were income arising from the proceeds of the sale calling in and conversion thereof or the investment of such proceeds but that no reversion or other property not actually producing income shall be treated as producing income for the purpose of this my will
And I declare that my trustees shall hold the residue of the moneys to arise from such sale calling in and conversion Upon trust to invest the same in the names or under the legal control of my Trustees in or upon any of the public stocks or funds or Government securities of the United Kingdom or, India or any British colony or Dependency or in or upon the purchases or mortgage of freehold copyhold leasehold or chattel real securities (including freehold and leasehold first second or in or upon the bonds debentures debenture stock mortgages improved chief or ground rents) in Great Britain or obligations or securities or the guaranteed preference or ordinary stock or shares of any Railway Company or Public Municipal or Local Body or Authority in the United Kingdom or India or any British Colony or Dependency and may at the uncontrolled discretion of my Trustees vary or transpose such investments into or for others of any nature hereinbefore authorised

And I direct that my Trustees out of the income of my residuary estate and before any payment is made thereout to any of my other children shall during the respective lives of my son William John and my daughter Lillian Gladys at the absolute discretion of my Trustees pay or apply unto or for the maintenance and personal support or benefit of each of them my said last mentioned son and daughter (and whether they my said son and daughter shall respectively be under or over the age of twenty one years) any sum (not exceeding in the case of each such child ten pounds per week) which my Trustees may think fit and my Trustees may either themselves so apply the same or may pay the same for that purpose to any other persons or persons without seeing to the application thereof And subject thereto and to the payment of any annuities and charitable or other allowances donations or subscriptions which may for the time being be payable out of the income of my residuary Estate my Trustees shall stand possessed of my residuary estate and the investments for the time being representing the same and the income thereof In Trust for all or any my children or child (other than and except my said son William John and my said Daughter Lillian Gladys) living at my death and the children or child then living of any them deceased child of mine (other than and except as aforesaid) shall take equally between them only the share which their parent would have taken had he or she survived me and attained a vested interest under this Clause Provided always and I declare that the share of the said Trust premises which is hereinbefore expressed to be given to each child of mine sons as well as daughters (other than and except as aforesaid) shall not vest absolutely in such child but shall be retained by my Trustees and held by them upon the trusts hereinafter declared concerning the same that is to say my Trustees shall pay the income of each such (line ineligible) life and in the case of a daughter for her separate use without power of anticipation subject nevertheless to the following provision namely that so long with a period of twenty one years from my death as such child shall being a son be of or over the age of twenty one years and under the age of twenty five years or being a daughter be of or over the age of twenty one years and under the age of twenty five years and unmarried my trustees shall pay such portion as my Trustees shall in their uncontrolled discretion think fit not exceeding one half on the income of his or her share to him or her and shall retain and accumulate the remainder of such income by investing the same and the resulting income thereof in any of the modes of investment hereinbefore authorised and all such accumulations shall be added and form an accretion to the capital of such share but with liberty for my trustees if they shall think fit to pay or transfer such accumulations or the investments representing the same or any part thereof to such child on his or her attaining the age of twenty five years or being a daughter marrying and after the death of each such child my trustees shall hold his or her share and all accretions if any thereto and the future income thereof Upon trust for all or such one or more exclusively of the others or other of the children or remoter issue of such child such remoter issue to be born and take vested interests with twenty one years after his or her death at such age or time or respective ages or times if more than one in such shares and with such future or other trusts for their benefit and such provisions for their respective advancement either in the lifetime or after the death of such child of mine and maintenance and education and in such manner and in all respects as my said child shall from time to time by any deed or deeds revocable or irrevocable or by will or codicil appoint And in default of any subject to any such appointment under the power hereinbefore contained in trust for all or any of the children or child of such child of mine who being a son or sons attain the age of twenty one years or being a daughter or daughters attain that age or marry and if more than one in equal shares Provided always and I declare that no child of such child of mine who or whose issue shall take any part of the share of such child or mine by virtue of an appointment made under the power hereinbefore contained shall in default of appointment to the contrary be entitled to any share of the unappointed part thereof without bringing the share or shares or interest appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly and for the purpose of giving effect to the provisions as to hotchpot hereinbefore contained or any other provisions of these presents the property for the time being subject to the trusts of these presents whether real or personal or any part or parts thereof shall as far as may be necessary be valued in such manner and at such respective times as my Trustees shall consider just and proper and such valuation shall be conclusive

Provided always and I declare that in case the trusts hereinbefore declared concerning the share of any such child of mine as aforesaid shall fail then subject to the trusts powers and provisions herein declared and contained or by law vested in my Trustees concerning the same share and to every or any exercise of any such powers my Trustees shall hold such share and the income thereof in Trust for such person or persons for such purpose and in such manner in all respects as such child of mine shall by will or Codicil appoint and in default of and subject to any such appointment I declare that such share and any additional share or shares which may accrue or be added thereto by virtue of this present proviso and the income thereof respectively shall be held in trust for all or any my children or child (other than the child with regard to whose share the trusts shall fail as aforesaid and other than and except my said son William John and my said daughter Lillian Gladys) living at my death and the children or child then living of any then deceased child of mine (other than and except as aforesaid) who being male attain the age of twenty one years or being female attain that age or marry if more than one in equal shares but so that the children of any deceased child of mine (other than and except as aforesaid) shall take equally between them only the share which their parent would have taken had he or she survived me and attained a vested interest under this clause and so that the share which shall so accrue and be added to the share of any child of mine shall be held upon the trusts and subject to the powers and provisions herein declared and contained concerning his or her original share or as near thereto as circumstances will admit

I declare it to be my intention that my infant children (other than and except my said son William John and my said daughter Lillian Gladys) shall be maintained and educated out of one moiety of the income of their respective expectant or presumptive shares and accordingly my Trustees may pay or apply at their discretion any part not exceeding in the whole one half of the income of the share to which any such child or mine shall for the time being be entitled in expectancy under the trusts hereinbefore declare (and whether absolutely or subject to any provision for the settlement of his or her share) for or towards his or her maintenance education or benefit and shall invest the surplus income (if any) in any such investments as are hereby authorised in augmentation of the capital of such share I empower my Trustees to manage and cultivate my real and leasehold hereditaments hereinbefore devised and bequeathed to them in trust for sale until the same shall be sold with all the powers in that behalf of absolute owners including power to cut timber and underwood for sale repairs or otherwise and to repair and insure houses and buildings and to make allowances to and arrangements with tenants and others and to accept surrenders of leases and tenancies I declare that it shall be lawful for my Trustees to demise all or any of my real or leasehold hereditaments and premises hereinbefore devised and bequeathed in trust for sale and which shall for the time being remain unsold for any term of years either in possession or reversion and for any purpose with without taking a fine or premium and upon such terms and conditions in all respects as they shall think fit but so that any sum received as a fine or premium shall be applied as if the same were proceeds of a sale and so that in case any lease shall be granted on the surrender or determination of a then existing or prior lease or tenancy the value of the interest so surrender or the tenant right or claim to compensation for improvements or otherwise in respect of such tenancy may be taken into account in fixing the rent and terms of the new lease I authorize my Trustees to lay out for building any of the hereditaments hereinbefore devised or bequeathed in trust for sale and to erect build make and lay down on or under the same any houses buildings roads paths sewers drains gas or electric pipes water pipes and other conveniences at the expense of my residuary estate Provided always and it is my wish that the number of Trustees of this my will shall at all times be kept up to not less than two 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 reasonable practicable 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 I declare that my Executors or Trustees shall not be bound in any case to act personally but shall be at full liberty to employ any solicitor Agent Collector Clerk Accountant or Manager to transact all or any business of whatsoever nature required to be done in the premises including the receipt and payment of money or keeping up the accounts of my estate or otherwise in relation to the execution of the trusts of my Will at such remuneration either by way of poundage of salary or otherwise as my Trustees shall think fit and they shall be allowed and shall be paid all charges and expenses so incurred And I also declare that the Trustees or Trustee for the time being acting in the trusts of this my will shall be remunerated for their and his services at and after the rate of Two pounds ten shillings per centrum upon the net annual income of my residuary estate for the time being held on the trusts hereof excluding the amount of any annuity for the time being payable out of such income to my wife or to any one else but not exceeding a remuneration at the rate of one hundred pounds per annum to be divided between my trustees if more than one for the time being in such proportions as they may agree amongst themselves or in default of agreement equally such remuneration to be payable yearly and to be calculated as from the day of my death and I authorize my trustees to retain and deduct such remunerations accordingly I appoint the said William George Watson and Maria Watson EXECUTORS AND TRUSTEES of this my will and I appoint the Trustees or Trustee for the time being of this my will to be the Guardians or Guardian of my infant children during their respective minorities IN WITNESS WHEREOF I the said Charles Henry Watson have to each sheet of this my will contained in this and the seven preceding sheets of paper set my hand this twenty eight day of November one thousand eight hundred and ninety nine - CHARLES HENRY WATSON. Signed by the said Testator Charles Henry Watson as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses the several interlineations additions and alternations opposite to which his and our respective initials are placed having been first duly made -
GEO TRENAM - Solicitor 7 New Court Lincolns Inn London W.C. -
A.W FOULSHAM Clerk to Mr Geo Trenam 7. New Court Lincolns Inn London Solicitor -

I CHARLES HENRY WATSON formerly of New House Park St Albans in the County of Hertz but now of Ash Mount West Heath Road Hampstead in the county of ?? declare this to be a codicil to my will which bears date the 25^th day of November 1899 I bequeath to my wife Maria all my motors cars and motor carriages and accessories absolutely I direct that the annuity of £2,000 by my said will bequeathed to my said wife during her life shall be increased to £5,000 and that such increased annuity shall be payable at the like times and be subject in all respects to the like conditions and provisions as the said annuity of £2,000 I devise unto my said wife during her life my freehold dwelling house known as Ash Mount West Heath Road Hampstead aforesaid and the land and outbuildings belonging thereto she keeping the same in a proper state of repair and properly insured against damage by fire and also paying all rates taxes and outgoings in respect thereof but although it is my desire that my Trustees shall see to the insurance of the said premises they shall not be in any way responsible for any omission so to do or for any loss or damage that may happen thereto from any cause whatsoever And subject to the life estate and interest of my said wife I declare that the said premises shall form a part of my general residuary estate I revoke the legacies of £1,000 each bequeathed by my said will to my Brothers Lewis Septimus Watson Percy Octavius Watson and Albert Ernest Watson and I also revoke the provision against lapse of such legacies in case of any of my said brothers dying in my lifetime leaving issue and I desire to explain that my sole reason for such revocation is that I believe none of my said brothers or their issue will now be in want of any provision from me
I bequeath the sum of £5,000 unto or for such charitable institution or institutions or other charitable object or objects as my acting Executor or Executors may in their his or her absolute discretion select and to be paid to or for such institutions or objects if more than one in such proportions as my said Executors or Executor may think proper I declare that all legacies and annuities (including annuities authorised or directed to be purchased) bequeathed by my said will or this or any other Codicil thereto shall be free of duty which (whether presently or presumptively or prospectively payable) shall be paid primarily out of my personal estate and in all other respects I confirm my said will IN WITNESS WHEREOF I the said Charles Henry Watson have hereunto subscribed my name this twenty fourth day of January 1910 C. H. WATSON.       Signed by the said Charles Henry Watson as a Codicil to his last will in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses
GEO TRENAM Solicitor 12 Malwood Road Balham Hill S.W.
W. F. BRADBURY 54 Capel Rd Forest Gate Essex Merchants Manager-
Proved with 1 Codicil 18^th January 1928.
Fos. 50. Er.

CORRECT
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the margin next to this will the following)
Fiat
W. H. Horwood
C. J.
April 12/28
Resealed
12^th day
April
A.D. 1928
Value of Estate
$3407.00