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 will books volume 3 pages 170 to 178 probate year 1875.

Will of Thomas Newman

In re THOMAS NEWMAN. DECEASED.

I Thomas Newman late of Mainhead in the County of Devon and now of Lyn Court Torquay in the same County Esquire hereby revoking all wills and testamentary dispositions by me at any time heretofore made do declare this to be my last will and testament I desire to be buried in my family vault at Mainhead and I direct that my funeral shall be conducted in the same plain manner as that of my late dear brother Sir Robert William Newman Baronet deceased I appoint nephew Sir Lydston Newman Baronet Thomas Holdsworth Newman Esquire and Thomas Newman Hunt Esquire executors and Trustees of this my will and I give to the said Thomas Newman Hunt the sum of five thousand pounds free of legacy duty as a small testimonial of my love and esteem

In the event of my niece Louisa Newman not having married in my lifetime I give to her absolutely all my plate and plated articles glass china household linen books prints pictures and other household furniture as well useful as ornamental my wines and other household stores of a consumable nature and my carriages and horses with their harness apparel furniture and provender free of legacy duty and in the same event I direct my executors if so required by my said niece Louisa Newman to keep up my housekeeping establishment inclusively of the maintenance and keep of my carriages and horses for her use and benefit free of legacy duty for any time not exceeding six calendar months from my death unto the same state and in the same mode as it has been usually maintained in my lifetime and to defray the housekeeping and stable expenses servants wages rent taxes and all other incidental outgoings out of the proceeds of the conversion of my residuary estate

I bequeath to my said nephew Sir Lydston Newman the debt or sum of twenty six thousand pounds due from him to me and secured to me by a mortgage of the Manor of Stokenham and other hereditaments and premises of the said Sir Lydston Newman partly freehold and partly leasehold situate in the Parishes of Stokenham and Slapton in the County of Devon and commonly known as the Stokeley Estate or such part of the same debt or sum as shall remain due and owing to me at my death and all interest which shall after my death accrue thereon and I devise and bequeath unto the said Sir Lydston Newman the said Manor hereditaments and premises and all my estate terms of years and interest therein as mortgagee thereof to hold the same unto the said Sir Lydston Newman his heirs executors administrators and assigns respectively discharged from the said debt or sum and the interest thereof from my death But I direct that the interest on the said debt or sum of twenty six thousand pounds up to and inclusively of the day of my death shall be paid to my executors to be applied and disposed of as part of my personal estate

I devise the advowson of the Rectory of the Parish Church of Caryton in the County of Devon and all the messuages farms lands tenements and other hereditaments situate or arising in the Parish of Coryton or in any other Parish or place adjoining or near thereto of or to which I now or at the time of my decease shall be seized or entitled or over which I now have or at the time of my death shall have any disposing power of whatsoever tenure the same may be with the appurtenances together with all arrears of rents due to me at my death in respect of the same or any part thereof and all my farming and other live and dead stock in or upon the same premises or any part thereof unto and to the use of my said nephew Thomas Holdsworth Newman his heirs executors administrators and assigns absolutely I also bequeath to my said nephew Thomas Holdsworth Newman absolutely all the shares to which I may be entitled at my death in the South Devon and Launceston Railway Company he paying in exoneration of my estate from liability thereto any calls to be made after my death in respect of the said shares and also any call or calls made during my lifetime and which may be unpaid at my death in respect of the same And in case any part of the said hereditaments and premises in or near the said Parish of Coryton shall be contracted to be sold by me to the said Railway Company or notice of any part thereof being required by the said Company shall be given to me during my life I give the part or parts so contracted to be sold or respecting which such notice shall be so given unto the said Thomas Holdsworth Newman his heirs executors administrators and assigns subject to such contract or notice and to all the consequences thereof And I also bequeath to him the purchase moneys and all other moneys which may be payable by way of compensation for severance or otherwise for or in respect of the same and which may remain unpaid at my death and all interest thereon if any I devise and bequeath all my messuages farms lands hereditaments and premises of whatsoever tenure the same may be situate in the Parish of Chivelstow in the County of Devon and their appurtenances together with all arrears of rent in respect thereof at my death unto and to the use of my nephew Alured Newman his heirs executors administrators and assigns absolutely

I devise and bequeath all my share and interest in certain hereditaments or other property situate at St. Johnís in the Island of Newfoundland and of and in any arrear of rent in respect thereof remaining unpaid at my death and also all my property estate and effects at Little St. Lawrence Placentia Bay in the same Island and all arrears of rent in respect thereof remaining unpaid at my death unto my said nephew Thomas Holdsworth Newman and Alured Newman their heirs executors administrators and assigns equally as tenants in common

I bequeath to my said Trustees free of legacy duty the sum of ten thousand pounds to bear interest at four pounds per cent per annum from my decease until paid or invested as hereinafter directed upon the trusts following that is to say upon trust to invest the same in the names of my said Trustees or in the names or name of the survivors or survivor of them in the public funds or other Government securities of the United Kingdom or at interest upon real securities in England or Wales or in or on the security of the debentures bonds mortgages or debenture stock of any railway or other Company but on no other kind of investments with power for my said Trustees at their discretion from time to time to alter or vary the same for or into other stocks funds or securities of the like nature And upon further trust during the life of my niece Marianne the wife of William Ewing Smith Clark Esquire to pay the annual income of the said sum of ten thousand pounds or the stocks funds or securities in or upon which the same shall be invested to the said Marianne Clark for her separate use free from the debts or control of her present and any future husband and her receipt alone to be a sufficient discharge for the same But so nevertheless that she the said Marianne Clark shall have no power to alien charge or otherwise anticipate the growing payments thereof and from and immediately after the decease of the said Marianne Clark then (as to as well the said sum of ten thousand pounds and the stocks funds and securities in or upon which the same shall be invested as the annual income thereof) upon trust for all and every or such one or more exclusively of the other or others of the children and more remote issue of the said Marianne Clark (such issue being born in the lifetime of the said Marianne Clark) in such shares if more than one to be vested and payable at such time or times with such provisions for maintenance and in such manner in all respects as the said Marianne Clark (notwithstanding her present or any future coverture and whether covert or sole) shall by deed or will direct or appoint and in default of or subject to any such direction or appointment in trust for such of the children of the said Marianne Clark as 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 under it with the consent of her or their guardian or guardians and if more than one such child equally between them as tenants in common Provided nevertheless and I do hereby declare that (subject and without prejudice to any such appointment as aforesaid to the contrary) no child of the said Marianne Clark in whose favor or in favor of any of whose issue any part of the said trust funds shall be appointed by virtue of the power of appointment hereinbefore contained shall be entitled to any share of the unappointed part of the same trust funds under the trusts lastly hereinbefore contained without bringing the part appointed to him or her or to his or her issue into hotchpot or distribution with the other child or children and making an allowance for the same And I do hereby further declare that if at the time of the decease of the said Marianne Clark any of her children shall not have attained an absolutely vested interest in the said trust funds or any part thereof under the trusts hereinbefore contained it shall be lawful for my said Trustees (but subject and without prejudice to any such appointment as aforesaid to the contrary) to apply the annual income of the presumptive portion for the time being of each such child or so much thereof as the said Trustees shall in their discretion think fit and without reference or enquiry as to and notwithstanding the ability of the father of such child to provide a suitable maintenance for him or her for or towards the maintenance or education of such child until his or her share shall shall become absolutely vested or her or she shall happen previously to die and I direct that the surplus if any of such annual income shall be invested by the said Trustees in some or one of the stocks funds and securities hereinbefore mentioned and be accumulated at compound interest and that such accumulations shall (subject to their application by way of increased maintenance in any succeeding year or years if thought necessary or advisable by the said Trustees) go in augmentation of and be held upon and under the same trusts and provisions as are hereby declared concerning the original share or shares from which such accumulations shall have arisen And I do hereby further declare that it shall be lawful for my said Trustees in the lifetime and with the consent in writing of the said Marianne Clark and after her decease then in the sole discretion of my said Trustees at any time and from time to time (subject nevertheless and without prejudice to any such appointment as aforesaid to the contrary) to apply any part of the capital of the portion for the time being whether vested on contingent of any child of the said Marianne Clark of and in the said trust funds or of the accumulations of any surplus income thereof (not exceeding in the whole for any child one half part of his or her presumptive share for the time being in or towards his or her advancement or preferment in the world or otherwise for his or her benefit and the money so advanced shall go in part of the portion of such child and be accounted for accordingly And in case there shall be no child of the said Marianne Clark who being a son shall live to attain the age of twenty one years or being a daughter shall live to attain that age or marry under it with such consent as aforesaid Then I declare that (subject and without prejudice to the trusts and provisions hereinbefore contained) the said trust funds and the accumulations of any surplus income thereof or such part thereof respectively as shall not have been disposed of under the powers hereinbefore contained) the said trust funds and the accumulations of any surplus income thereof or such part thereof respectively as shall not have been disposed of under the powers hereinbefore contained shall fall into and form part of my residuary personal estate

I bequeath unto each of my nieces Caroline Lady Churston Louisa Newman and Harriet the wife of Charles Langton Massingberd Esquire the sum of ten thousand pounds sterling free of legacy duty to bear interest after the rate of four pounds per cent per annum from my death until paid I also bequeath to my said niece Louisa Newman in case she shall not have married in my lifetime an annuity of five hundred pounds during her life in case she shall so long continue unmarried free of legacy duty such annuity to commence from my death to be considered as accruing due from day to day and to be paid half yearly on the several days on which the dividends on the three pounds per cent consolidated Bank Annuities or (if my said niece Louisa should prefer it) quarterly on the several days on which the dividends on the three pounds per cent Consolidated Bank annuities and three pounds per cent reduced Bank Annuities respectively accrue due and a due proportion of the first half yearly or quarterly instalment (as the case may be) of the said annuity to be paid on such one of the said days as shall happen next after my death and I direct that until funds shall be appropriated and invested to meet the said annuity of five hundred pounds as hereinafter directed the same shall be paid out of the proceeds of the conversion hereinafter directed of my residuary seal and personable estate or the income thereof

I bequeath unto my man servant John Goldsworthy if my service at my death in addition to any wages that may then be due to him an annuity of forty pounds free of legacy duty to commence from my death and to be paid during his life by equal half yearly payments the first payment thereof to be paid at the end of six calendar months next after my decease and I direct that a Government annuity of that amount shall be purchased for the said John Goldsworthy and that until purchased the said annuity shall be paid out of the proceeds of the conversion of my said residuary estate or the income thereof But I declare that the said John Goldsworthy or his personal representatives shall not be allowed to have the value of the said annuity in lieu thereof

I devise and bequeath all my real estates not hereinbefore disposed of (including my estate called Dunstone situate in the said Parish of Stokenham and my chattel real estate and all my personal estate not hereinbefore specifically bequeathed and their appurtenances unto and to the use of my said Trustees there heirs executors administrators and assigns respectively Upon the trusts following that is to say upon trust in the discretion and of the absolute authority of my said Trustee to sell and convert into money the said trust estates or such parts thereof as shall be of a saleable or convertible nature and to set in the other parts thereof with full discretionary power to sell by public auction or private contract and together or in parcels subject to such terms and conditions as to the title or the evidence of title or the time or mode of payment of the purchase money or indemnity against or apportionment of rents or incumbrance or as to any other matters relating to the sale as my said Trustees shall judge expedient also to fix reserved biddings and buy in property offered for sale and vacate or vary contracts for sale and to resell without liability to answer for any consequential loss and generally to effect the sale and conversion of the said trust estates on such terms and in such manner as they shall deem most advantageous Also full discretionary power to suspend for such time as my said Trustees may deem expedient the sale conversion or getting in of my said residuary real chattel real and personal estates or any part or parts thereof respectively without liability to answer for any loss occasioned thereby and in particular I declare that the said Thomas Holdsworth Newman and Thomas Newman Hunt (they being my partners in the firm of Newman Hunt & Co.) shall have any time they may require not exceeding eight years from my death for paying off my share in the capital of the said firm or any part thereof they paying interest at five pounds per cent per annum on such part of my said share of capital as may from time to time remain unpaid And I also give to my said Trustees full discretionary power during the suspense of the sale conversion or getting info the said trust estates or any part thereof to manage and order all the affairs thereof as regards letting surrenders or renewals of leases or tenancies occupation cultivation falling of timber repairs insurance against fire compounding of debts or demands receipts of rents and other monies indulgences and allowances to debtors tenants and others and all other matters Also full discretionary power to employ bailiffs accountants agents and others in or about the affairs of my said trust estates with such salaries or remunerations as my said Trustees shall think reasonable But I declare that for the purposes of this my will the said trust estate shall be considered as money from the time of my decease And as to the monies to arise from the sale conversion and getting in of the said trust estates and all other the money forming part of my residuary personal estate upon trust thereout in the first place to pay or retain all the expenses incident to the execution of the preceding trusts and powers and my funeral and testamentary expenses and just debts and upon further trust to pay thereout the several pecuniary legacies hereinbefore bequeathed to purchase the said annuity of forty pounds for the said John Goldsworthy and (as a means for satisfying the said annuity of five hundred pounds hereinbefore bequeathed to my said niece Louisa Newman in the event of her not having been married in my lifetime) to purchase in the names of my said Trustees the sum of sixteen thousand six hundred and sixty six pounds thirteen shillings and four pence three pounds per cent Consolidated Bank Annuities or (if my said niece Louisa should prefer it) a sum of eight thousand three hundred and thirty three pounds six shillings and eight pence three pounds per cent Consolidated Bank Annuities and a like sum of three pounds per cent Reduced Bank Annuities and to apply the dividends of the said sum or sums and (if required) due portions of the capital thereof in payment and satisfaction of the said annuity of five hundred pounds And upon further trust out of the monies aforesaid to pay the legacy duty on the said Annuities and on such of the legacies hereinbefore bequeathed as are expressly bequeathed free of legacy duty And subject to the several trusts hereinbefore declared the clear monies to arise from the sale conversion and getting in of my said residuary real chattel real and personal estates shall be held upon trust for my said three nephews Sir Lydston Newman Thomas Holdsworth Newman and Alured Newman their executors administrators and assigns in equal shares as tenants in common

I devise all real estates vested in me as a Trustee or Mortgagee (except the said mortgage estates hereinbefore devised to my said nephew Sir Lydston Newman) to my said Trustees their heirs and assigns subject to the trusts and equities affecting the same respectively at my death I declare that every receipt in writing which shall be given by my said Trustees for any monies stocks funds or securities to become payable or transferable to them or him under or by virtue of the trusts powers and provisions herein contained shall be an effectual and conclusive discharge for the same and shall absolutely exonerate the purchaser or other person or persons paying or transferring the same from all obligation of seeing to the application of such money stocks funds and securities and from liability by reason of any misapplication or nonapplication thereof or of any part thereof

And I do hereby further declare that in case the Trustees hereby constituted or any of them or any Trustee or Trustees to be appointed under this present provision or by the Court of Chancery or by any other competent authority shall die or desire to be discharged from or refuse decline or become incapable to act in the execution of the trusts or powers herein contained Then and so often as the same shall happen it shall be lawful for the surviving or continuing or other Trustees or Trustee for the time being under this my will (and for this purpose every refusing or retiring Trustee shall if willing to act in the execution of this power be considered a continuing Trustee) or for the executors or administrators of the last surviving or continuing Trustee by any deed or deeds to appoint any other person or persons to supply the place of the Trustee or Trustees respectively so dying desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and upon every or any such appointment the number of Trustees may be augmented or reduced And as soon as convenient after every such appointment as aforesaid the trust property shall (if and so far as the nature of the property and other circumstances shall require and admit) be transferred so that the same may be vested in the Trustees or Trustee for the time being and I direct that the trusts powers and discretions hereinbefore confided to my said Trustees hereby constituted shall and may be executed and exercised not only by them but by the survivors or survivor of them or the heirs executors or administrators of such survivor or by other the Trustees or Trustee for the time being of this my will however appointed and in regard to Trustees to be appointed as well before as after the vesting of the trust property in them

And I hereby authorize my executors and the survivors and survivor of them to pay and satisfy any debts owing or claimed to be owing by or from me or my estate and any liabilities to which I or my estate may be subject or may be alleged to be subject upon any evidence they or he shall think proper notwithstanding such evidence might not be admissible or if admissible might not be satisfactory or conclusive in a Court of law or Equity and to accept my composition or any security real or personal for any debt or debts owing to me or my estate and to allow such time for the payment of any such debt or composition for a debt either with or without taking security for the same as to my said executors or the survivors or survivor of them shall soon reasonable and also to compromise and compound or submit to arbitration and adjust and settle all debts accounts transactions matters and things which shall at the time of my death be owing or claimed to be owing from or to me or my estate or be depending or arise between me or my said executors and my partner or partners and notwithstanding such partner or in relation to the matters aforesaid

In witness whereof I the said Thomas Newman have to each sheet of this my will contained in nine sheets of paper set my hand this twenty fourth day of June in the year of our Lord one thousand eight hundred and sixty three.

Thomas Newman.

Signed by the testator Thomas Newman in our presence and witnessed and subscribed by us in his presence the several obliterations and interlineations against which the testator and we have set our initials having been previously made-

Richard Dawes, Angel Court Throgmorton St. London Solr.

Geo. Chavallier Dixon Clerk to Messrs. Dawes & Sons.

Certified correct,
D. M. Browning
Registrar

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