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A Collection of Newfoundland Wills
(Y)
Joseph Weston Young

 

Will of Joseph Weston Young
from Newfoundland will books volume 9 pages 559-572 probate year 1912

In re
      Joseph Weston Young         deceased.

      This is the last will of me Joseph Weston Young formerly of Neath in the County of Glamorgan but now of Stone Dean Beaconsfield in the County of Bucks Esquire Justice of the Peace late Lieutenant Colonel Commanding 1st. Glamorgan Volunteer Artillery.

1. I revoke all former wills and testamentary dispositions heretofore made by me and declare this to be my last will and testament.

2. Whereas I have current and sometimes deposit accounts at the Beaconsfield and Neath Branches of the Capital and Counties Bank which for convenience respectively stand in the names of myself and my dear wife Anna Josephine Young now I hereby declare that all moneys standing to the credit of such accounts respectively are my own absolute property and that my said wife has no beneficial interest therein

3. I appoint my said dear wife my son George Bennett Weston Young and William Everard Tyldesly Jones of No 5 Stone Buildings Lincoln’s Inn in the county of London Barrister at law (hereinafter called my Trustees) to be executors and Trustees of this my will and I give and bequeath to the said William Everard Tyldesly Jones if he shall accept the office of executor and trustee the legacy of one hundred pounds free of duty.

4. I give and bequeath the following further pecuniary legacies all to be free of duty that is to say

  • To my said dear wife whether she proves my will or not two hundred pounds
  • To Mary Thomas formerly Mary Bowen a daughter of my old nurse Jane Bowen ten pounds
  • To Thomas Bowen a son of the said Jane Bowen ten pounds
  • To Mary Jane Jenkins a daughter of the said Mary Thomas ten pounds
  • To Diana Evans (formerly in my service) of 14 Backland Terrace Neath Abbey ten pounds
  • To Thomas Lever who is now in my service as gardener ten pounds
  • To Mary Griffith of “Pentyla” Aberavan in the county of Glamorgan the wife of The Reverend Mr Griffith twenty pounds
  • and to Mrs Ann White (formerly in my service) of 44 Walters Road Neath aforesaid twenty pounds.

5. I give and bequeath unto my trustees my four oil paintings of the following persons namely Captain William Weston, John Weston, William Weston Young and Mary Young at present in my dining room and the picture in chalk of my brother George Young also in my dining room also the following silver articles all of which formerly belonged to the said Captain William Weston and which are identified by having engraved or embossed thereon the Weston crest videlicet Coffee pot two teapots, one cream jug and numerous spoons also the silver cup which was given to me by my grandmother Martha Young and my silver tankard which formerly belonged to Sally Weston and which was given by her to my late grandfather Joseph Young also the large salver which was presented to me by the officers of the 1st. Glamorgan Volunteer Artillery, also my gold watch which formerly belonged to the said Captain William Weston, also the Indian Frontier Medal and the two swords formerly the property of my late son Reginald Weston Young also my Volunteer Decoration and two swords (the whole being hereinafter referred to and intended to be comprised in the expression “heirlooms) In trust to permit the same to be held and enjoyed by my said wife for her life or until she marries again and on her decease or second marriage by my son the said George Bennett Weston Young so far as the rules of Law and Equity permit for his life and after his decease by the eldest son of the said George Bennett Weston Young yet so that the said heirlooms shall not absolutely become the property of any such son until he shall attain the age of twenty one years but nevertheless such son shall during his minority be entitled to the use and benefit of the same and in case of the failure of the male issue of my said son then I bequeath the said heirlooms unto my daughter Violet Josephine or in case of her decease prior to such failure unto her children but in case of her decease without leaving children then to my daughter Daisy Annie or in case of her decease prior to such failure then to her children absolutely and I direct that an Inventory shall be made of the said heirlooms and that one copy of such inventory shall be signed by my trustees and delivered to and kept by the person for the time being entitled to the use of the said heirlooms and that one other copy thereof shall be signed by the person for the time being entitled as last aforesaid and retained by my trustees and I direct that the person or persons for the time being entitled to the use of the said heirlooms under this my will shall keep the same in a good state of preservation and adequately insured against loss or damage by fire but I expressly declare that my trustees shall not be bound or obliged to see that the said heirlooms are preserved or insured as aforesaid or be answerable for any loss or injury which may happen thereto unless in some specific case they or he shall be called on to interfere by some person or persons beneficially interested in the said heirlooms under this my will. I also direct that the power of selling the said heirlooms or any of them and of purchasing chattels with or otherwise investing the proceeds of such sale conferred by section 37 of the Settled Land Act 1882 may be exercised by any tenant for life in possession under this my will without it being necessary to obtain an order of the Court for that purpose provided that such sale or purchase shall be made with the consent of my trustee.

6. I give and bequeath to my said son George Bennett Weston absolutely the whole of my Port wine. I give and bequeath to my said daughter Violet Josephine absolutely such one of my horses as she shall without dictation from anyone select. I give and bequeath to my said daughter Daisy Annie my watch with my initials on the back which I usually wear together with the chain seal and watch key which I use and wear in conjunction therewith

7. I give and bequeath all my silver and plated articles pictures engravings and prints (other than the articles and things hereinbefore specifically bequeathed to my trustees as heirlooms) also my linen china glass books jewellery wines (save as aforesaid) liquors furniture and all other household effects and all my carriages and horses save as aforesaid unto my said wife absolutely Provided always that in the event of my said wife predeceasing me then I give the same in equal shares to and between my said three children or to such of them as shall be living at my decease.

8. I devise and bequeath all my real and personal estate wheresoever situate and not hereby otherwise disposed of including all real and personal estate over which I may have any power of appointment (and which I may not have executed previous to my decease) unto my trustees Upon Trust that my trustees shall sell call in and convert the same into money or such part thereof as shall not consist of money and shall with and out of the moneys to be 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 shall invest the residue of the said moneys in accordance with the investment clause hereinafter contained with power for my trustees from time to time to vary such investments And shall stand possessed of the said residuary trust moneys and the investments for the time being representing the same (hereinafter called the residuary trust funds) Upon Trust to pay out of the income thereof to my said wife each year during her life or widowhood such a sum as with the total income derived by her for that year from (a) the property comprised in the Settlement dated the fourteenth day of February one thousand eight hundred and seventy made upon my marriage with her (b) her own real and personal property including the property she inherited or succeeded to under the wills of her late uncle Charles Thomas Bennett of St. John’s Newfoundland her Aunt    Stephens of Shaftesbury England and her father Thomas Bennett respectively shall amount to the sum of one thousand two hundred pounds And subject thereto to pay out of the income of the said residuary trust funds until the death or remarriage of my said wife whichever event shall first happen the three following annual sums namely The sum of two hundred pounds to my said son George Bennett Weston (the same to be in addition to the annual sum of two hundred pounds with which I have charged my property estate and interest until the decease or second marriage of my said wife by articles of Agreement under Seal dated fourth December one thousand nine hundred and made between myself of the first part my said son of the second part and Beatrice Hilda Price spinster of the third part) The sum of two hundred pounds to my said daughter Violet Josephine and the sum of two hundred pounds to my said daughter Daisy Annie And subject to the payment of the said annual sums to my said wife son and daughters to pay out of the income of the said residuary trust funds if and so far as the same shall be sufficient the further annual sum of twenty five pounds to each and every brother and sister of mine who shall be living at my decease and to each and every widow of any brother or brothers of mine who shall have predeceased me provided she or they shall have been married to such brother or brothers previous to the date of this my will so long as they respectively live And I direct and declare that upon the death of each and every brother of mine subsequently to my decease the annual sum of twenty five pounds which he received during his lifetime shall be paid to his widow (if any) as from the date of his decease for the remainder of her life provided she shall have been married to such brother previous to the date of this my will
And I direct and declare that if the income of the said residuary trust funds shall be insufficient to pay the said annual sum to my said wife son and daughters respectively in full the annual sum so directed to be paid to my said wife as aforesaid shall be paid in priority to the annual sums directed to be paid to my said son and daughters which shall be rateably or proportionately reduced And I direct and declare that if the said income shall be insufficient to pay the said annual sums of twenty five pounds to my brothers sister and the widows of my said brothers in full the same shall be rateably or proportionately reduced And I direct and declare that if the income of the said residuary trust funds shall be more than sufficient to pay the whole of the annual sums hereinbefore directed to be paid thereout the surplus of such income shall until the death or remarriage of my said wife (whichever event shall first happen) be dealt with as follows that is to say one equal fourth part thereof shall be paid to my said wife until her death or remarriage whichever event shall first happen One other equal fourth part thereof shall be paid to my son George Bennett Weston one other equal fourth part thereof shall be paid to my said daughter Violet Josephine and the remaining one other equal fourth part thereof shall be paid to my said daughter Daisy Annie
And I direct and declare that from and after the decease or remarriage (whichever event shall first happen) of my said wife my trustees shall stand possessed of the said residuary trust funds (but subject to the payment of the said annual sums of twenty five pounds to each of my said brothers and sisters and to the widows of my said brothers as aforesaid who shall then be living during the remainder of their respective lives) as to one equal third part thereof for my said son George Bennett Weston and his issue as to one other equal third part thereof for my said daughter Violet Josephine and her issue and as to the remaining one other equal third part thereof for my said daughter Daisy Annie and her issue in manner next hereinafter mentioned And I declare that my trustees shall hold the share of the said residuary trust funds hereinbefore expressed to be given to each of my children and his or her issue Upon Trust to pay the income thereof to such child for life and so that in the case of a daughter the same shall be for her separate use without power of anticipation during any coverture and after the death of such child upon trust for all or such one or more exclusively of the others or other of his or her children or remoter issue if more than one in such shares and in such manner in all respects as my said child shall by deed or will appoint and in default of such appointment and so far as any such appointment shall not extend In trust for every the child or all the children of such child of mine who shall be living at the decease of me or my said wife or born afterwards and who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry and if more than one in equal shares and if there shall be no such child or children of such child of mine then his or her share of the said residuary trust funds whether original or accruing shall be held upon the trusts upon which the remainder of the said residuary trust funds shall then be held and in the same proportions And I further declare that if all my children shall die without a child or children who shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry then my trustees shall hold the said residuary trust funds In Trust for such of the issue of my brothers and sister other than my brother Edward in such shares and in such manner as the survivor of my said children shall by deed or will appoint and in default of such appointment and so far as any such appointment shall not extend In trust for all the children then living and the issue then living of any child or children then dead of my brothers and sister other than my said brother Edward such children and issue taking per stirpes and not per capita.

9. Whereas I am seized and entitled (inter alia) to a freehold mine known as the South Lode Mine situate at Tilt Cove in the Colony of Newfoundland now let on lease to the Tilt Cove Company Limited for the term of ninety-nine years (many of which are unexpired) in consideration of a fixed rent of one hundred and fifty pounds per annum and a certain royalties in addition the said fixed rent becoming merged in such royalties when they equal or exceed the amount of such fixed rent Now I hereby direct and declare that neither the said fixed rent of one hundred and fifty pounds or the royalties whether eqaling or exceeding such fixed rent shall be treated as income but shall be invested in the securities authorised by this my will and treated as capital and further that the income to be produced from such investments shall from time to time be treated as income for all the purposes of this my will but save as last aforesaid I declare that all rents dividends annual income and profits of every kind arising from my other properties and estates wherever situate shall be receivable by tenants for life or by the other persons for the time being entitled to the receipt of such rents dividends annual income and profits and that no part thereof shall be set aside as capital money.

10. Whereas I am entitled to one equal undivided eleventh part of and in certain messuages houses and hereditaments situate at St. John’s Newfoundland aforesaid and of certain moneys invested on mortgage or lands in Newfoundland and of certain Newfoundland four per cent debenture stock and the remaining ten undivided equal eleventh parts thereof being as to eight parts vested in the trustees of my marriage settlement and as to the two parts held in trust for two of my brothers Now I hereby authorize and empower my trustees if they in their uncontrolled discretion deem it necessary so to do for the purpose of protecting or maintaining or improving the value of my one undivided eleventh part as aforesaid to purchase if they have an opportunity of doing so the whole or any part of the two eleventh parts so held in trust for my two brothers as aforesaid the same if and when purchased to be conveyed to my trustees upon the trusts of this my will.

11. I declare that my trustees may postpone the sale and conversion of my real and personal estate or any part thereof for so long as they shall think fit notwithstanding that the property the sale and conversion whereof shall be so postponed may be of a leasehold tenure or may be otherwise of a perishable or wearing out nature And I also declare that my trustees may retain as long as they see fit any stock share or other investment or security of which I may die possessed notwithstanding the same is not a trustee security or comes within the investment clause hereinafter contained And I also declare that the rents profits and income to accrue from and after my decease of and from such part of my estate as shall for the time being remain unsold and unconverted shall after payment thereout of all incidental expenses and outgoings be paid and applied to the person or persons and in the manner to whom and in which the income of the moneys produced by such sale and conversion would for the time being be payable or applicable under my said will or any codicil thereto if such sale and conversion had been actually made.

12. I also declare that my trustees may let any hereditaments for the time being remaining unsold either from year to year or for any term of years at such rents and subject to such covenants as they shall think fit and may accept surrender of leases and tenancies fell timber and other trees standing on the said hereditaments whether for sale repairs or otherwise and generally may manage the same in such manner as they shall think fit and the proceeds of any timber sold by my trustees shall be considered as income and paid and applied accordingly.

13. I also declare that all moneys liable to be invested under this my will may be invested in or upon any stocks or securities of or guaranteed by the Government of the Untied Kingdom or any British Colony or dependency or any Foreign state or in stock of the Bank of England or the debentures or debenture stock or guaranteed or preference or in fully paid up shares of any Limited Liability Company in the United Kingdom or India or Canada or Newfoundland incorporated under or by virtue of any act of Parliament or Royal Charter and paying a dividend on its ordinary stock or shares or upon real or heritable or leasehold securities in England or Wales or Canada or Newfoundland such leasehold securities being held for a term whereof sixty years at least shall be unexpired at the time of such investment And in lending money on any mortgage security my trustees may accept whatever title or evidence of title shall appear to them sufficient and in particular may in the case of leasehold securities waive the production of the lessors title without being answerable for any loss arising thereby and my trustees may release any part of the property comprised in any mortgage security if satisfied that the remaining property is a sufficient security for the money owing thereon And I also declare that my trustee may if they think fit lend money on any such security as aforesaid in conjunction with money advanced by any person or persons by way of contributory loan and in such case the security may be taken in the joint names of the several contributories or any two or more of them or in the joint names of any two or more persons to be nominated by the several contributories or such other arrangement may be made in relation thereto as my trustees may think fit and in case any part of my estate shall at my decease consist of any of the before mentioned investments it shall and may be lawful for my said trustees or trustee to allow such investments or any or either of them to be and remain as investments of my residuary estate.

16. I hereby declare that my trustees for the time being may in their uncontrolled discretion instead of acting personally employ and pay a solicitor or any other person to transact any business or do any act of whatever nature required to be done in the premises including the receipt and payment of money and that any trustee hereunder being a solicitor or other person engaged in any profession or business may be so employed or act 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 trust including acts which a trustee could have done personally. In witness whereof I have to this my will set my hand this fifth day of May one thousand nine hundred and eight. - J. W. Young. - signed by the said Joseph Weston Young 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 -
H. W. Ryland 15 Bloomsbury Square London    W. C. Solicitor
F. W. Syhmonds, clerk to Woodcock Ryland & Parker 15 Bloomsbury Square London W.C. Solicitors

Certified correct,
D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
Dec. 21/12
C. J.
Re-sealed
Dec. 26/12

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

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

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