Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be
some typographical errors
Newfoundland will books volume 9 pages 245-252 probate year 1911
Will of Sarah Eliza Keane |
IN RE: SARAH ELIZA KEANE. DECEASED
I, Sarah Eliza Keane of 16 Norland Place Holland Park Kensington in the County of Middlesex wife of William Keane of the same place hereby revoke all wills Codicils and testamentary depositions heretofore made by me and declare this to be my last will and Testament. I appoint my husband William Keane and my daughter Mary Kathleen Keane Executors and Trustees of this my will. Whereas I am possessed for my separate use of a share in real estate known as Wyatt's Plantation St. John's Newfoundland which at the present time produces a ground rent of one hundred and seventy pounds a year subject to an option which the tenant has to purchase the freehold reversion at the price of six thousand two hundred and fifty pounds of which my share would be four thousand three hundred pounds or thereabout. Now I give devise and bequeath such real estate unto the said William Keane and Mary Kathleen Keane upon the following trusts:-
To collect the rent as it becomes due and to pay thereout the following sums (that is to say) To pay to my husband the said William Keane during his life the sum of seventy pounds a year To pay to each of my daughters Mary Kathleen Keane. Ida Mary Keane, Maud Mary Geraldine and Beatrice Mary the sum of twenty five pounds a year during their respective lives but in the event of the death of any daughter without leaving issue the income payable to such daughter shall accrue to the survivors or survivor of them. And I hereby declare that in the event of the tenant of my real estate exercising the option to purchase the same at the sum of six thousand two hundred and fifty pounds or any other sum which may be agreed by my trustees during the life of my husband my trustees shall stand possessed of the net proceeds of such sale upon trust to invest the same in or upon any stocks funds or securities of or guaranteed by the Government of the United Kingdom, of India or of any other British Possession (including the stocks or securities of any Railway or other Company in India or elsewhere having a fixed rate of interest thereon guaranteed as aforesaid) or in stock of the Bank of England or the bonds or debentures stock or guaranteed or preference stock or debenture stock or guaranteed or preference stock or shares of any Railway or other Company in Great Britain incorporated by Act of Parliament or Royal Charter and paying a dividend on its ordinary stock or shares or upon real or leasehold securities in England or Wales but not elsewhere 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 or trustee may accept whatever title or evidence of title shall appear to them or him 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 or trustee may at any time release any part of the property comprised in any mortgage security upon being satisfied that the remaining property comprised therein is a sufficient security for the money owing thereon and to stand possessed of the net proceeds of the same in trust to pay the annual income thereof to my said husband and my said daughters during the life of my husband in the same proportions as the rent of the said property would have been divided had the said property not been sold and after the death of my husband I declare that my trustee shall stand possessed of the said trust funds as to one hundred and twenty one hundred and seventieths thereof In trust for my said daughters who shall attain the age of twenty one years or marry under that age to be divided between them in equal shares and if there shall only one such daughter the whole to be in trust for that one daughter and as to the remaining fifty one hundred and seventieths thereof In trust for such of my sons William Keane. Percy Francis Fitzgerald Keane and Gerald James Keane who shall attain the age of twenty one years to be divided between them in equal shares and if there shall be only one such son the whole to be In trust for that one son Provided always and I declare that my trustees shall retain the share of each of my children in the said trust funds upon the trusts following that is to say In trust to pay the income thereof to such child for life with power for such child to appoint by Deed or Will that after his or her death the whole or any part of such income shall be paid to any wife or husband of him or her who may survive him or her during his or her life or for any less period and from and after the decease of such child and subject as aforesaid In trust for the children of such child who being sons shall attain the age of twenty one years or being daughters shall attain that age or marry in equal shares and if there shall be only one such child the whole In trust for that one child. And in case there shall be no child of such child of mine who being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry then In trust in the case of a son for all my other sons who attain the age of twenty one years in equal shares and in the case of a daughter for all my other daughters who attain the age of twenty one years or marry in equal shares and so that the share or shares accruing to each or any child of mine under this trust shall be subject to the trusts hereby declared concerning the original share of the same child under this my will Provided always and I hereby declare that if any child of mine shall die in my lifetime 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 then the last mentioned child or children shall take and if more than one equally between them the share to which his her or their parents would have been entitled of and in the trust funds if such parent had survived me and attained the age of twenty-one years including any share which would have accrued to such parent to the trust and provision in that behalf hereinbefore contained
I give devise and bequeath all the rest and residue of my real and personal property (if any) to my trustees absolutely In witness whereof I have hereunto set my hand this twenty first day of June one thousand eight hundred and ninety-five - S. E. Keane - Signed by the Testatrix Sarah Eliza Keane as and for her last will and Testament in the presence of us both being present at the same time who at her request in her presence and in the presence of each other hereunto subscribe our names as witnesses the words "in trust" having been deleted in the thirty-fourth line of page 2 and the word "son" having been substituted for the word "child" in the ninth line of page 8. -
Douglas A. Howden Sol clerk to Messrs Parker Garrett & Parker, St. Michael Rectory E.C.
Margaret Daley. 16 Norland Place Holland Park W Spinster.
This is a Codicil to the will of me Sarah Eliza Keane of 178 Holland Park Avenue (formerly 16 Norland Place) Kensington in the County of Middlesex wife of William Keane of the same place which will is dated the twenty first day of June one thousand eight hundred and ninety-five Whereas by my said Will I have appointed my husband William Keane my my daughter Mary Kathleen Keane to be the Executors and Trustees of my said will now I hereby appoint my son Percy Francis - Fitzgerald Keane to be an additional Executor and Trustee of my said will and I declare that my said will shall be read and construed as if the name of the said William Keane, Mary Kathleen Keane and Percy Francis Fitzgerald Keane were inserted therein instead of the names of the said William Keane and Mary Kathleen Keane and that all the trusts and powers in and by my said will reposed in and made exercisable by the said William Keane and Mary Kathleen Keane shall be exercisable by the said William Keane Mary Kathleen Keane and Percy Francis Fitzgerald Keane
D. M. Browning
I revoke all gifts and dispositions made by my said will of my share in Wyatt's Plantation St. John's Newfoundland - expressed and intended to take effect after the death of my said husband and in lieu thereof I hereby direct and declare that after the death of my said husband my trustees shall stand possessed of the said share Upon trust to sell and convert into money the same (if the same shall not have previously been sold during the lifetime of my husband) and upon trust to invest the proceeds whether sold during my husband's lifetime or after his decease in the investments named in my said will and to stand possessed of the said proceeds and the investments for the time being representing the same hereinafter called "the trust funds" Upon trust as to thirty equal one hundred and seventieth parts thereof for my daughter Ida Mary and as to the remaining one hundred and forty equal one hundred and seventieth parts thereof upon trust for my daughters the said Mary Kathleen Maud Mary Geraldine and Beatrice Mary equally to be divided between them but subject as to all my said daughters share to trusts by way of settlement thereof similar to the trusts declared by my said will of the shares and interests thereby given to or for the benefit of my said daughters and their husbands and children including the clause of accruer and I declare that if none of my said daughters shall have issue who shall live to attain a vested interest in the trust funds then subject to the trusts aforesaid my trustees shall hold the trust funds trust for such person or persons as the last survivor of my said daughters shall by deed or will appoint and I also declare that my trustees may postpone the sale and conversion of my share in the said plantation for so long as they shall think fit and that the rent and income to accrue from and after the decease of my husband of and from the said share while 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 proceeds of such sale and conversion would for the time being be payable or applicable under this codicil if such sale and conversion had been actually made
And in all other respects I confirm my said will and I declare that I have excluded my sons from participation in the said property because they are now settled in life and are otherwise provided for.
In witness whereof I have hereunto set my hand to this and the preceding sheet of paper this 7 seventh day of November one thousand nine hundred and five S. E. Keane Signed by the said Sarah Eliza Keane the Testatrix as and for a Codicil to her last will in the presence of us who at her request in her presence and in the presence of each other all being present at the same time have hereunto subscribed our names as witnesses - -
Oswald F. Hollebone Solr. Clerk to Messrs Parker Garrett Holman & Howden St. Michael Rectory Cornhill E.C. -
B. E. Dongel 178 Holland Pk. Avenue W. Domestic Servant.
(Listed in the margin next to this will the following)
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