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A Collection of Newfoundland Wills
(W)
William Henry Wilkinson

 

Will of William Henry Wilkinson from Newfoundland will books volume 15 pages 552 to 556 probate year 1932

IN RE                    DECEASED.
William Henry Wilkinson

THIS IS THE LAST WILL AND TESTAMENT of me William Henry Wilkinson of "Englemere" Brook Road Windemere in the County of Westmorland Gentleman

  1. I appoint Herbert Glendining of Calverley House Hudderefield in the County of York Bank Manager and William Frederick Burgess of Mirfield in the said County of York Bank Manager (hereinafter called "my Trustees") to be the Executors and Trustees of this my will and I give and bequeath to each of them the said Herbert Glendining and William Frederick Burgess the sum of fifty pounds (free of duty) as an acknowledgment for his trouble in acting under the trusts of this my will.
  2. I give and bequeath (free of duty) to my grandson Harold Armitage Wilkinson my gold watch and guard my diamond pin and diamond ring
  3. I give to my dear wife Alice Wilkinson (free of duty) such an annuity as after deduction of income tax will leave a clear remainder of Three hundred and sixty four pounds during her life if she shall so long remain my widow such annuity to be paid to her every four weeks the first of such payments to be made at the expiration of four weeks next after my decease and I declare that Form No. 5 of Part 1 of the Statutory Will Forms 1925 shall be incorporated in this my will.
  4. I give and bequeath all my plate plated articles linen china glass books pictures prints musical instruments articles of Virtu furniture and other articles effects and things of personal domestic or household use or ornament unto my trustees upon trust to permit my said wife to use and enjoy the same during her life if she shall so long remain my widow and from and after her decease or second marriage (which event shall first happen) I direct that the same furniture articles effects and things shall sink into and form part of my residuary estate and I declare that an inventory of the said furniture articles effects and things shall not be required and that my trustees shall not be obliged to see to the preservation thereof nor be answerable for any loss or injury thereof which may happen during the widowhood of my said wife.
  5. I devise and bequeath all my real and personal effects not hereby otherwise disposed of unto my trustees upon trust that my trustees shall sell call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the monies produced by such sale calling in and conversion and with and out of my ready money pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my will or any Codicil hereto and all legacy and other duties payable hereunder and subject to the annuity mentioned in Clause 2 hereof shall stand possessed of the residue of the said monies (hereinafter called "my residuary trust funds") In Trust for such of my grandchildren Eileen Mary the said Harold Armitage and Marjorie Hope (the children of my late son Sam William Wilkinson) in equal shares that shall attain the age of twenty one years or in the case of my granddaughters shall marry under that age Provided always and I declare that my trustees shall retain in their names or under their control the share of my said granddaughter Eileen Mary of and in my residuary trust funds upon trust to pay the income thereof to the said Eileen Mary during her life without power of anticipation during coverture and from and after her decease In Trust for all the children of my said granddaughter Eileen Mary who being male shall attain the age of twenty one years or being female shall attain that age or marry under that age in equal shares and if there shall be only one such child the whole is to be in trust for that one child Provided always and I declare that if there shall be no child of my said granddaughter Eileen Mary who being male shall attain the age of twenty one years or being female shall attain that age or marry under that age then and in such case I direct that my trustees shall stand possessed thereof In Trust for all the children of my brother Arthur Wilkinson deceased late of Smitlefield Avenue Saylesville Rhode Island U.S.A. who being male shall attain the age of twenty one years or being female shall attain that age or marry under that age in equal shares absolutely.
  6. I declare that my trustees may permit such part of my estate as at the time of my death shall be invested in any stocks funds shares or any other securities not authorised by law as investments for trust funds to continue in the same unconverted state of investment for so long as they shall think fit without being answerable for any loss occasioned thereby.
  7. Subject to Clause 5 hereof I direct that all monies liable to be invested under this my will shall be invested in stocks funds shares or securities authorised by law as investments for trusts funds.
  8. I declare that all statutory provisions relating to the indemnity and reimbursment of trustees to give valid receipts and the power of appointing new Trustees shall be read with and apply to this my will.
  9. I direct that my trustees shall for a period of ten years from and after my decease expend the sum of Two pounds per year in planting and keeping in order the graves of my late wife and my late father in law Sam Armitage which graves are close together in the Mirfield Church Burial Ground at the expiration of such ten years I direct that they shall then cover the said graves with white granite chippings.
  10. Lastly I revoke all former wills (if any) made by me.

In witness whereof I the said testator William Henry Wilkinson have to this my will contained on three sheets of paper set my hand this 25th day of April one thousand nine hundred and twenty eight.

W.H. Wilkinson

Signed acknowledged and declared by the said testator as and for his last Will and Testament 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.
W. Thompson Midland Bank Ltd Windemere Bank Manager
W.W. Holmes 8 Ellarthwaite Road Windermere Bank Clerk.

This is the first Codicil to the last will and testament of me William Henry Wilkinson of "Englemere" Brook Road Windemere in the County of Westmorland Gentleman which will is dated the Twenty Fifth of April one thousand nine hundred and twenty eight.

  1. I appoint my grandson Harold Armitage Wilkinson to be an executor and trustee of my said will in addition to the executors and trustees named in my said will and I declare that my said will shall be read and construed as if the name of the said Harold Armitage Wilkinson had been inserted therein as an Executor and Trustee.
  2. I give and bequeath the folllowing legacies ;-
    (a) To Mary Elisabeth Hargraves of Anglemere Brook Road Windemere aforesaid (free of duty) the sum of one hundred pounds
    (b) To my friend Albert Edward Ledgard of Mirfield in the county of York (free of duty) the sum of one hundred pounds
    (c) To Nellie Ellen Firth of 28 Mill Road Batley Carr Dewsbury in the said County of York Milliner (free of duty) an annuity of two pounds per week and I declare that Form Number 5 of part 1 of the Statutory Will Form 1925 shall be incorporated herein.

In all other respects I confirm my said will
In witness whereof I the said William Henry Wilkinson have to this my First Codicil to my said will set my hand this Twentieth day of March one thousand nine hundred and twenty nine.

W.H. Wilkinson

Signed acknowledged and declared by the said William Henry Wilkinson as and for a First Codicil to his last will and testament 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.
A.D. Ridgway Solicitor Dewsbury
M.E. Cresland His Clerk

This is the second codicil to the last will and testament of me William Henry Wilkinson of "Englemere" Brook Road Windemere in the County of Westmorland Gentleman which will is dated the twenty fifth day of April one thousand nine hundred and twenty eight.
Whereas under clause 5 of my said will I have (inter alia) declared that my trustees should retain in their names or under their control the share of my granddaughter Eileen Mary of and in my residuary trust fund Upon Trust to pay the income thereof to the said Eileen Mary during her life without power of anticipation during coverture and from and after her decease In Trust for all the children of my said granddaughter Eileen Mary who being male shall attain the age of twenty one years or being female shall attain that age or marry under that age in equal shares and if there shall be only one such child the whole is to be in trust for that one child Provided always and I declare that if there shall be no child of my said granddaughter Eileen Mary who being male shall attain the age of twenty one years or being female shall attain that age or marry under that age then and in such case I direct that my trustees shall stand possessed thereof In Trust for all the children of my brother Arthur Wilkinson deceased late of Smitlefield Avenue Saylesville Rhode Island U.S.A. who being male shall attain the age of twenty one years or being female shall attain that age or marry under that age in equal shares absolutely.
Now I hereby revoke the bequest in favour of the children of my said deceased brother Arthur Wilkinson and in lieu thereof I direct that my trustees shall stand possessed thereof in trust for my grandson Harold Armitage Wilkinson and my granddaughter Marjorie Hope Wilkinson in equal shares absolutely provided always and I declare that if either of them the said Harold Armitage Wilkinson and Marjorie Hope Wilkinson shall die in the lifetime of my said granddaughter Eileen Mary leaving a child or children who being male shall attain the age of twenty one years or being female shall attain that age or marry under that age then and in every such case I direct that such child or children shall take and if more than one equally between them the share which his her or their parent would have taken if he or she had survived my said granddaughter Eileen Mary Provided always and I further declare that if either of them the said Harold Armitage Wilkinson or Marjorie Hope Wilkinson shall die in the lifetime of my said granddaughter Eileen Mary without leaving a child or children who being male shall attain the age of twenty one years or being female shall attain that age or marry under that age then and in such case I direct that my trustees shall stand possessed of the share of the one so dying as aforesaid in trust for the survivor of them the said Harold Armitage Wilkinson and Marjorie Hope Wilkinson absolutely.
In all other respects I confirm my said will and first codicil.
In witness whereof I the Testator William Henry Wilkinson have to this my second codicil to my said will set my hand this twenty fifth day of September one thousand nine hundred and twenty nine.

W.H. Wilkinson

Signed acknowledged and declared by the said William Henry Wilkinson as and for a second codicil to his last Will and Testament 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.
A.D. Ridgway Solicitor Dewsbury
Violet N. Ridgway Brier Gant Mirfield. Married woman.

This is a third codicil to the last will and testament of me William Henry Wilkinson of "Englemere" Brook Road Windemere in the County of Westmorland Gentleman which will is dated the twenty fifth day of April one thousand nine hundred and twenty eight.
Whereas by my said will I have appointed Herbert Glendining of Calverley House Hudderefield in the County of York Bank Manager and William Frederick Burgess of Mirfield in the said County of York Bank Manager (thereinafter called "my Trustees") to be the Executors and Trustees of my said will and I have by my said will bequeathed to each of them the said Herbert Glendining and William Frederick Burgess the sum of fifty pounds (free of duty) as an acknowledgment for his trouble in acting under the trusts of my said will and whereas by a first codicil to my said will I have appointed my grandson Harold Armitage Wilkinson to be an executor and trustee of my said will in addition to the said Herbert Glendining and William Frederick Burgess Now I hereby revoke the appointment of the said William Frederick Burgess to be an Executor and Trustee of my said will and I hereby revoke the bequest of Fifty pounds bequeathed to him thereby and I appoint my friend Albert Edward Ledgard of Mirfield in the said County of York Assistant Overseer to be an executor and trustee of my said will in place of the said William Frederick Burgess and jointly with the said Herbert Glendining and Harold Armitage Wilkinson and I give and bequeath unto the said Albert Edward Ledgard the sum of Fifty pounds (free of duty) as an acknowledgment for his trouble in acting under the trusts of my said will.
In all other respects I confirm my said will and Codicils.
In witness whereof I the said Testator William Henry Wilkinson have to this my third Codicil to my said will set my hand this 26th day of July one thousand nine hundred and thirty.

W.H. Wilkinson

Signed acknowledged and declared by the said testator William Henry Wilkinson as and for a third codicil to his last will and testament 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.
W. Thompson
Bank Manager
W.W. Holmes
8 Ellerthwaite Rd.
Windermere Bank Clerk.

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

(Listed in the margin next to this will the following)
Fiat
W.J. Higgins
Judge Feby 11/32
Re-Sealed on
February 12th 1932
Value of Estate $5,194.47

(Also listed in the margin of this will, next to the struck out name)
W.W.J.
A.D.R.
M.E.C

 

 

Page Contributed by Judy Benson, & Sheila Tiberio

Page Revised by Ivy F. Benoit ( Sunday September 29, 2019 )

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