NL GENWEB


Transcribed by Judy Benson
While I have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 3 pages 250 to 254 probate year 1873.

Will of John Fox

In re JOHN FOX.: DECEASED.

This is the last will and testament of me John Fox of 7 Mincing Lane in the City of London Merchant. I direct the payment of my just debts funeral and testamentary expenses I bequeath to my executors hereinafter named fifty pounds apiece I give and bequeath the legacies following free of legacy duty videlicet

To the Right Reverend Dr. Clifford of Clifton Bristol two hundred pounds

To the Reverend John Bononin of Clifton Bristol one hundred pounds

To my sister Mary Hearn one hundred pounds

To my sister Kate Henderson one hundred pounds

To Mrs. Bernard of the Sisters of Mercy of St. Johnís Newfoundland one hundred pounds

To my sister Joanna Fox the proceeds of my life policy for five hundred pounds in the Royal and also if she should be alive and in England at time of my decease one hundred pounds to pay her expenses to Newfoundland

I direct my executors to apply for the education and benefit of my niece Elizabeth Henderson in case she shall be under the age of seventeen years at my decease a sum at the rate of one hundred pounds per annum until she shall attain that age or die under that age and if she attain the age of seventeen years I direct my executors thereupon to apply the sum of one hundred pounds in returning her to Newfoundland and paying her passage money outfit and expenses

To my sons James and Charles Edmund and to my daughter Henrietta Mary I give and bequeath all my plate and plated articles to be equally divided between them and in case they shall not themselves agree upon the division within three months after my decease my said executors shall divide the same between my said sons and daughter as they my said executors shall think proper and their decision shall be final

I devise all my real estate to which I shall be entitled at my decease (except estates vested in me at Trustee or mortgagee) and I bequeath the residue of my the personal estate to which I shall then be entitled to Patrick Hayes of 2 Tavistock Crescent Westbourne Park Bayswater and William Keane of No. 47 Lime Street in the City of London Wine Merchant their heirs executors administrators and assigns upon trust to sell my real and leasehold estate together or in parcels by public auction or private contract with power to make any special conditions as to title or evidence of title or otherwise and with power to buy in the premises at any public sale or to rescind either on terms or gratuitously any contract and to resell without being answerable for any consequent loss and to convey and assign the premises respectively so sold to the purchaser or purchasers thereof and to convert and get in any other residuary personal estate and to invest the monies to arise from such real and leasehold estates and residuary personal estates in the names or name of the Trustees being answerable for any consequent loss and to convey and assign the premises respectively so sold to the purchaser or purchasers thereof and to convert and get in any other residuary personal estate and to invest the monies to arise from such real and leasehold estates and residuary personal estates in the names or name of the Trustees or Trustee for the time being of this my will in or upon the public funds or other Government securities of the United Kingdom or on real securities in England or Wales but not elsewhere or in or upon funds or bonds of any Foreign or British Colonial Government with liberty for my said Trustees or Trustee to vary and transpose the investment from time to time from any other investment of the description aforesaid and upon trust to pay out of the dividends interest and annual proceeds thereof to my wife an annuity of two hundred pounds per annum so long as my said wife shall remain unmarried (such annuity to be paid by four equal quarterly payments the first of such payments to be made three months after my death) and subject to the payment of the said annuity I direct that my said Trustees and Trustee shall stand possessed of my said estates and effects upon trust for my three children James Charles Edmund and Henrietta Mary their executors administrators and assigns absolutely Provided always and I hereby declare that if any child of mine shall die in my lifetime leaving a child or children who shall survive me and who being a son or sons shall attain the age of twenty one years or being a daughter shall attain that age or marry then and in every such case the last mentioned child or children shall take (and if more than one equally between them) the share (as well original as accruing) which his her or their parent would have taken under this my will if such parent had survived me and attained the age of twenty one years But if either or both of my said sons James and Charles Edmund shall die under the age of twenty one years and without leaving issue or if my said daughter Henrietta Mary shall die in my lifetime without leaving issue then the share or shares of him them or her so dying shall be held in trust for the survivors or survivor of my said children who shall attain the age of twenty one years share and share alike and if but one child shall survive then the whole shall be held in trust for that one child But if both my said sons shall die without leaving issue and if my said daughter shall die in my lifetime without leaving issue then my said residuary estate and effects shall be held in trust for such of the children of my brother and sisters James Fox Joanna Fox Kate Henderson and Mary Hearn as shall be living at my decease and who being males or a male shall attain the age of twenty one years or being females or a female shall attain that age or marry to take if more than one as tenants in common in a course of distribution according to the stocks and not to the number of the individuals

I devise all estates (if any) vested in me as Trustee and Mortgagee to the said Patrick Hayes and William Keane subject to the equities affecting the same respectively I empower my Trustees to apply all or any part of the income of any minors presumptive share in any part of my property for the maintenance and education of each such minor And I direct my Trustees to invest and accumulate the unapplied income in augmentation of the capital of such share and I authorize my Trustees to apply any part not exceeding one half of the presumptive or vested share of any person under this my will of his or her advancement in the world And I empower my Trustees for the purposes aforesaid to pay such income or the money so to be raised unto the parent or guardian for the time being of any such minor aforesaid without being answerable for the application thereof I declare that the receipts of my said trustees for such monies stocks shares funds or securities as shall be paid or transferred to them by virtue of this my will shall effectually discharge the persons paying or transferring the same from all liability to see to the application thereof I empower my Trustees to compound or allow time or accept security real or personal for the payment of debts owing to my estate and to adjust by arbitration or otherwise disputes in relation thereto or in relation to debts or demands against my estate And I declare my trustees shall be answerable for their own respective acts, receipts and balances only and shall be at liberty to retain and allow to each other out of monies coming to their hands by virtue of my will all expenses incurred in executing the trusts thereof I declare that in case of the death in my lifetime of my trustees or either of them or after my decease or the death refusal unfitness incapacity or retiring from the Trusteeship of my Trustees or either of them or of any Trustees or Trustee to be appointed under this clause or by a Court of competent jurisdiction or otherwise according to law it shall be lawful for the capable Trustees or Trustee (if any) for the time being of this my will whether refusing further to act or not and if none for the executors or administrators or any or either of them of the last deceased Trustee from time to time by deed to appoint a fit person or persons to supply the place of the deceased refusing unfit or incapacitated trustees or trustee I appoint the said Patrick Hayes and William Keane executors of this my will and I appoint the said Dr. Clifford Guardian of the persons and estate of my said sons James and Charles Edmund during their respective minorities I revoke all former wills by me made In witness whereof I the said John Fox the testator have to this my last will and testament contained in four sheets of paper to this and the three preceding sheets thereof set my hand this sixth day of April one thousand eight hundred and seventy-

John Fox. Signed by the said John Fox the testator as and for his last will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses,

Ed. C. Lescher, Wm. Chas. White, Clerks to Messrs Parker & Clarke, Solrs. St. Michaelís Alley, Cornhill, E.C.

Certified correct,
D. M. Browning
Registrar

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