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 11 pages 584 to 597 probate year 1921
Will of William Newman |
In re: WILLIAM FREDERICK NEWMAN DECEASED.
This is the last Will of me the Reverend William Frederick Newman vicar of Hockworthy in the county of Devon
1. I revoke all former wills and testamentary dispositions by me made And I appoint my son William FrederickWyndham Newman (hereinafter called Wyndham Newman) my son Harold Wyndham Newman (hereinaftercalled Harold Newman) and Arthur Snow of the Close Exeter Solicitor Executors and trustees of this my willand also for the purposes of the settled land Acts 1882 to 1890 and for the purposes mentioned in section 42 ofthe Conveyancing and Law of Property Act 1881 and any acts amending the same respectively and they or thesurvivors or survivor of them or the executors or administrators of such survivor or other the trustees or trusteefor the time being hereof are hereinafter called my trustees.
2. I bequeath to my said executor Arthur Snow the sum of fifty pounds such legacy to be contingent on the saidArthur Snow acting in the execution of the trusts of this my will.
3. I bequeath to my dear wife Frances Emma Newman the sum of two hundred pounds to be paid within threemonths after my decease and also my carriages and carriage and other horses with the harness and otherappendages thereto respectively belonging and the implements utensils stock of hay and straw and othermoveables and effects which shall be in or used or employed in or about my coach house and stables at mydecease (but not my horses or stock or other property employed or used solely for the purposes of my farm at Hockworthy) Also I bequeath to my said wife all such wines liquors fuel and consumable stores as I may possess at the time of my death
4. I give my jewels and trinkets to my trustees in trust to permit my wife so long as she shall remain my widowand enjoy the use of the same and after the death or second marriage of my said wife whichever event shallfirst happen to hold the same (as to such of them as consist of my set of family pearls and my set of aquamarines set in gold) In trust for my daughter Kathleen Mary Wyndham Davies absolutely and as to theremainder of them (save and except those hereinafter otherwise bequeathed) In trust for such of my childrenin such manner as my said wife (in case she shall not marry again) shall by her will direct and in default of such direction then in trust to divide the same amongst my said sons Wyndham Newman and Harold Newman and my said daughter Kathleen Mary Wyndham Davies equally or as nearly equally as my trustees in their discretion are able to divide the same Provided and I declare that notwithstanding such trust my said wife shall have power at any time during her widowhood to distribute or give all or any of the said jewels and trinkets amongst or to such of my children as she may think fit.
5. I bequeath unto my said trustees all the furniture plate linen china glass books prints pictures and otherhousehold effects which at the time of my death shall be in and about my residence at Hockworthy aforesaidand in and about South Town House Dartmouth in the E.E. county of Devon (save and except articles in clauses 4 and 7 hereof otherwise bequeathed) Upon trust to permit my said wife to have the personal useand enjoyment thereof during her life or widowhood subject to my said wife repaying to my trustees anysums paid by them for insuring the same against fire in their names in the full value thereof as and whensuch sums may be paid and from and after her decease or second marriage In trust as to all such effects(save and except as aforesaid and save and except the chattels hereinafter bequeathed to go as heirlooms inthe South Town house aforesaid and save and except my blue supper set) for my son Wyndham and my son Harold and my daughter Kathleen Mary Wyndham Davies equally and so that the division shall be made insuch manner as my trustees shall think most effectual for a division as nearly as possible equally And as tomy blue supper set for my son Harold and my said last mentioned daughter equally and so that the divisionshall be made in such manner as last aforesaid And as to such of the silver and plated articles glass chinafrench Pastille pictures and household furniture in or about South Town house aforesaid and Hockworthy respectively as formerly belonged to my grand father William Newman And as to my presentation plate andmy gold watch and seals silver cake basket and the oil pictures of my father grand father and great grandfather and other family portraits to permit the same to devolve and be enjoyed as heirlooms with my South Town house aforesaid hereinafter settled but so that the same shall not vest absolutely in any person hereby made tenant in tail by purchase unless he shall attain the age of twenty one years but on his death under that age shall devolve as if the same had formed part of the said freehold house and premises. I direct my trustees to cause an inventory to be taken of the articles comprised in the foregoing bequest before thedelivery thereof to my said wife and two copies of such inventory to be signed by may said wife of which copies one shall be delivered to her and the other be kept by my trustees And I declare that there upon my trustees shall be freed from all liability in respect of the said articles whether in the custody or possession ofmy said wife or of the person or persons for the time being and from time to time entitled respectively to the use and enjoyment thereof under the trusts aforesaid And I declare that if my said wife should have occasionor (owing to my not having purchased the same during my lifetime) be obliged to leave permanently my residence at Hockworthy aforesaid except upon remarriage my trustees shall continue to hold such of thesaid articles in and about my residence at Hockworthy aforesaid upon such of the trusts herein before declared concering the same as would be applicable and take effect if my said wife were dead or had married again.
6 I give to my son Wyndham Newman all my farm horses and carts and agricultural implements and all myfarm stock of every kind and description at Hockworthy aforesaid.
7. I bequeath the silver and plated articles given to me by my father and mother on the occasion of my marriageto my son Harold Newman absolutely.
8. I direct that my said wife shall be at liberty to occupy my said house at Hockworthy (being the presentvicarage) and the garden and appurtances including the big meadow of the said Glebelands adjoining theMoormead (in the event of my purchasing such house and lands) during her life or so long as she shallremain my widow subject to my said wife during such occupancy repaying to my trustees any sums whichthey may expend in insuring and keeping the said house insured in their names and keeping the said house inrepair but paying no rent for the same And I devise to her during her life and so long as she shall remain mywidow my houses South Town house Dartmouth and St. Helens Dartmouth with the freehold and leasehold gardens and appurtances thereto belonging.
9. As to my stock shares and securities representing money invested in the Newfoundland Whaling CompanyLimited I bequeath one moiety thereof to my said wife and the other moiety to my son Harold Newman absolutely.
10. I bequeath all my debentures and preference shares in the Kent Collieries Limited Dover my one deferredshare in the Kent Coal Concessions Limited to my said wife absolutely.
11. I bequeath my ten ordinary shares in the East Kent Colliery Limited Tilmanstone to Amy Pauline Wyndhamthe half sister of my said wife.
12. I bequeath all my ordinary shares in the Kent Collieries Limited and the Kent Coal Concessions Limited andall my shares not hereby otherwise disposed of in any other Limited Companies having for an object theworking of coal in Kent to my said wife and my four children Wyndham Newman Harold Newman Kathleen Mary Wyndham Davies and Lilian Wyndham Bush in equal shares but subject as to the shares ofmy said two daughters to the provisions hereinafter contained concering the same respectively.
13. I bequeath to my son Harold Newman the sum of five thousand pounds and to my daughter Kathleen Mary Wyndham Davies (but as to my same daughter subject to the direction hereinafter contained) the sum of onethousand five hundred pounds such legacies not to be payable until after the death or second marriage of mysaid wife whichever shall first happen.
14. Whereas by an indenture of settlement made the seventh June one thousand eight hundred and ninety ninebetween William Davies of the first part Kathleen Mary Wyndham Newman of the second part and WilliamFrederick Wyndham Newman Harold Henry Wyndham Newman and Robert Walker Davies (thereinafter,and in this clause hereinafter referred to as the trustees) of the third part It was declared that the trusteesshould stand possessed of a sum of two thousand pounds therein mentioned and the investments for the time being representing the same (therein and in this clause hereinafter referred to as the husbands trust fund) and also of a sum of three thousand pounds therein mentioned and of the investments for the time beingrepresenting the same (thereinafter and in this clause hereinafter referred to as the wifes trust fund) and also of the annual income of the husbands and wifes respectively Upon trust as to the husbands trust fund to paythe annual income thereof to the said William Davies during his life and after his death as therein mentionedAnd as to the wifes trust fund Upon trust after the death of the said Kathleen Mary Wyndham Newman topay the annual income to the said William Davies during the residue of his life if he should survive her Andit was thereby agreed that in default of issue of the intended marriage attaining a vested interest under thetrust in default of appointment therein contained and subject to the trusts and powers therein beforementioned the husbands trust fund and the income and accumulations (if any) thereof after the death of thesaid Kathleen Mary Wyndham Newman and such failure of children as aforesaid be held in trust for the saidWilliam Davies absolutely and the said settlement contained & covenant by the said William Davies andKathleen Mary Wyndham Newman that if besides the trust fund therein before settled by the said Kathleen Mary Wyndham Newman she then was or if at any time during the intended covertures she or the saidWilliam Davies in her right should become entitled in any manner for any estate or interest to real orpersonal property of the value of two hundred pounds or upwards at one and the same time and from oneand the same source (except as therein mentioned) then the said William Davies and Kathleen MaryWyndham Newman and all other necessary parties would as therein mentioned convey such real or personalproperty to the trustees Upon trust for sale as and except as therein mentioned but with power to postponesuch sale and to retain investments transferred under such covenant and dispose of the income thereof astherein mentioned And it was thereby agreed that the trustees should stand possessed or the money to beraised from such sale or any part of the said property received in money Upon the trusts and subject to theprovisions therein before declared concerning the wifes trust fund And whereas by an indenture made thethirtieth day of May one thousand nine hundred and four between Thomas William Hayes the trustee inBankruptcy of the property of the said William Davies of the one part and myself of the other part Ipurchased from the said trustee in Bankruptcy all the interest of the said William Davies under the saidrecited indenture of settlement and also a policy of assurance for one thousand pounds affected by suchtrustee in Bankruptcy on the twelfth January one thousand nine hundred and four with the Standard LifeAssurance Company Limited on the life of the said William Davies And whereas the premium payable inrespect of the said policy is the sum of twenty six pounds ten shillings and the husbands trust fund is nowrepresented by the sum of two thousand two hundred pounds deferred stock of the Midland Railwaycompany Now I do hereby bequeath all my interest in the said sum of two thousand two hundred poundsMidland Railway stock and the investments for the time being representing the same and in the said policy of insurance and all other (if any) the interest purchased by me from the said trustee in bankruptcy asaforesaid to my trustees Upon trust as to any income of the said stock and investments or the said husbandstrust fund or wifes trust fund accrued due or current at the time of my decease (to be apportioned if necessary) for my grand children Sybil and Olga Davies in equal shares and as to the income of the said stock and investments and funds accruing as from the time of my decease (to be apportioned if necessary) to apply the same first in payment of the premium on the said life policy and secondly to pay the residue of thesaid income to my daughter Kathleen Mary Wyndham Davies during her life and in the event of her death during the lifetime of the said William Davies to apply the sums after her decease and during the residue ofthe lifetime of the said William Davies for the use and benefit of her children in such manner as they maythink fit and as to the said policy and the proceeds thereof or moneys thereby assured as and when the sameshall be received to pay the sum of one hundred and ninety pounds to the said Kathleen Mary Wyndham Davies if she shall be living but if she shall be dead then to pay or divide the same to or among her child orchildren as and in such shares as she shall by deed or will appoint and in default of such appointment to divide the same amongst her children equally and as to the residue of the proceeds of the said policy to paythe residue of such proceeds to my son Harold Newman.
15. I devise and bequeath to my son Wyndham Newman absolutely (but subject to the interests and right ofoccupation of my said wife where hereinbefore conferred) the advowson of the vicarage of Hockworthy inthe county of Devon and (if purchased by me) my said residence at Hockworthy and all other my real andchattel real estate whatsoever in the parish of Hockworthy aforesaid And also my freehold house at St.Helene aforesaid and the garden and appurtances thereto
16. Subject to the Life interest of my said wife as hereinbefore belonging was or held therewith to the use of myson Wyndham Newman during his life without impeachment of waste and after his death to the use of hisfirst and other sons successively according to seniority in tail with remainder to the use of my son Harold Newman during his life without impeachment of waste with remainder to the use of his first and other sons successively according to seniority in tail with remainder to the use of my daughter Kathleen Mary Wyndham Davies during her life without impeachment of waste with remainder to the use of her first andother sons successively according to seniority in tail with remainder to the use of her first and otherdaughters successively according to seniority in tail with remainder to my own right heirs And I declare thatevery person who shall under the limitations hereinbefore contained become entitled as tenant for life ortenant in tail by purchase to the possession or receipt of the rents and profits of south Town house aforesaidand hereditaments devised by this clause of my will (other than a person who shall then use the surname of Newman) shall within one year after he or she shall so become entitled or being an infant within one yearafter he or she shall attain the age of twenty one years assume the surname of Newman either with orwithout his or her own proper surname but so that if with his or her own proper surname the name of Newman be the last and principal surname unless such person shall be prevented from so doing by deathAnd I direct that in the case of a married woman her husband shall in manner aforesaid and unless asaforesaid assume the surname of Newman And if the person so entitled as aforesaid or the husband of anymarried woman so entitled as aforesaid shall refuse or neglect within such year to assume such surname orshall at any time afterwards cease to use such surname in manner aforesaid from any cause other thanbecoming a Peer or Peeress or becoming entitled to use and using by courtesy the title of a Peer or peeressthen and in every such case immediately after the expiration of such year or such disuse if the person so entitled as aforesaid shall be a tenant for Life he or she shall during the remainder of the life of the person soentitled hold the rents and profits of the said premises In trust for the person or persons who would for thetime being be entitled to the same if the person so entitled as aforesaid were dead and if the person so entitled as aforesaid shall be a tenant in tail by purchase then the estate in tail of such person shall absolutely determine and the said heridaments devised by this clause of my will shall immediately devolve on theperson or persons next in remainder as if the person so entitled were dead without having had issue inheritable under such limitation in tail
17. I give devise and bequeath all my real and chattel real estate whatsoever in the parish of Cornworthy in thecounty of Devon and the manor and all my manorial rights in the said parish subject to the charge thereon offive thousand pounds in his marriage settlement and also my freeholdhouse No 57 Red Lion Street in thecounty of London and also my coal stores and offices situate up the south Embankment Dartmouth and atpresent occupied by Messrs G. J. Collins & Co. and also my house situate in Dower Street Dartmouthaforesaid at present occupied by Ernest A. Mitchelmore to my son Wyndham Newman absolutely.
18. I give and devise the freehold house and appurtances know as ““Tremorvah”” and the cottage and appurtancesknown as ““Bath Cottage”” which house and cottage are situate in Dartmouth aforesaid to my son HaroldNewman absolutely.
19. I give and devise my house known as No 1 Camden Terrace East Finchley in the county of Middlesex andmy villa known as Cragoar in Conley Hatch lane unto my son Harold Newman absolutely.
20. I devise and bequeath all my lands hereditaments moneys and property real and personal moveable andimmoveable situate and being at St. John’’s and elsewhere in the Colony of Newfoundland to my trusteesUpon trust as to any rents of hereditaments or immoveable property there situate accrued due up to the timeof my decease and then remaining due to divide and pay the same equally between and to my said wife andmy said son Wyndham Newman and as to the residue of my said property in the said colony to receive theannual income thereof during the life and widowhood of my said wife and thereout to pay to her such anannual sum as together with her income arising from other sources under this my will and from our marriagesettlement and from the will of my late mother shall amount to the annual sum of one thousand poundscomputed from my decease and subject as aforesaid my trustees shall stand seized possessed and entitled ofand to my said property in the said colony in trust to pay the net annual income thereof to my said son Wyndham Newman during his life and after his decease in trust for such of his children in such manner ashe shall by deed or will appoint and in default of and subject to any such appointment in trust for all hischildren (if more than one) in equal shares and if there shall be only one such child the whole to be held intrust for that child Provided always that a child taking any share or portion of the said lands hereditaments moneys and property in the said colony under any such appointment as aforesaid shall not take any share orportion of the unappointed part thereof unless he or she shall bring the share or portion appointed to him orher or the value thereof (such value and the value of any unappointed share or portion to be ascertained in such manner as my trustees may think fit) into hotchpot and account for the same accordingly unless my sonWyndham Newman shall on making any such appointment direct the contrary And if there shall be no child of my said son Wyndham In trust for my said son Harold Newman absolutely Provided always and I declarethat it shall be lawful for my trustees to lay out and expend any money which at the time of my decease maybe on deposit account at any bank in Newfoundland in my name in the erection or improvement of anyhouse or houses or other buildings upon any of my land situate in Newfoundland.
21. I bequeath the following legacies (that is to say) to my son Wyndham Newman the sum of one thousand pounds To my wifes half sister Eleanor Mabel Wyndham one hundred pounds to my dear friend the Reverend John Dene of Horwood Devon fifty pounds to my godson Humphrey Dene twenty pounds to my god daughter Evelyn Wright the wife of Keith Wright resident in Fiji twenty pounds to my godson Major John Reginald Wyndham (2nd Wilts Regiment) ten pounds to John Treale my Bailiff if he shall be in my service at the time of my death one hundred pounds to my coachman William Hawkins if still in my employ the sum of ££25 (twenty five pounds) to such of my domestic servants as shall be and have been in my service for five consecutive years at the time ofmy death five pounds each all such legacies hereinbefore by this clause bequeathed to be free of duty to my said daughter Kathleen Mary Wyndham Davies four thousand pounds but subject to the direction hereinafter contained to my daughter Lilian Wyndham Bush the sum of fifty pounds to be payable immediately after my death andalso the sum of three thousand pounds but such legacy of three thousand pounds to be subject to thedirection hereinafter contained To my said son Harold Newman three thousand pounds To each of my granddaughters Sybil Eleanor Kathleen Davies and Olga Mary Wyndham Davies one hundredpounds To Eileen Lilian daughter of the said Lilian Wyndham Bush fifty pounds to my trustees five hundred pounds free of legacy duty In trust to apply the capital and income (if any) at suchtime or times and in such manner as my trustees may think fit for the education advancement in life orbenefit of the said William Gilbert Wyndham son of my said daughter Lilian Wyndham Bush Provided and Ideclare that in case I shall during my life pay any sum or sums of money too or for the educationadvancement in life or benefit of the said William Gilbert Wyndham the amount thereof shall be deductedfrom and taken in satisfaction so far as the same will extend of the legacy of five hundred pounds lastaforesaid.
22. I direct that the sum of one thousand five hundred pounds to which my daughter Kathleen Mary Wyndham Davies shall become entitled under clause 13 of this my will and the legacy of four thousand poundshereinbefore bequeathed to her shall not be paid over to her but shall be retained by my trustees and held bythem Upon the trusts hereinafter declared concerning the same And I direct that my executors and trusteesshall retain the shares by clause 12 of this my will bequeathed to my same daughter Upon trust at the discretion of my trustees or trustee either to retain the same or to sell and convert them into money And Ideclare that my trustees or trustee shall stand possessed of the said legacies of one thousand five hundredpounds and four thousand pounds respectively and the moneys to arise from the sale and conversion lastaforesaid Upon trust to invest the same respectively and to stand possessed of the said legacies and theinvestments representing the same and the said last mentioned shares and the moneys arising from the saleor conversion thereof or of any of them and the investments representing such money (all which legaciesshares moneys and investments are hereinafter in this clause included in the description of the said trust legacies) Upon Trust to pay the income thereof to my said daughter Kathleen Mary Wyndham Davies for herlife for her separate use independently of any husband and without power of anticipation And after her deaththe capital and income of the said trust legacies shall be held in trust for all or any one or more exclusivelyof the others or other of the issue of my said daughter Kathleen whether children or remoter descendants atsuch age or time in such manner and if more than one in such shares as she shall whether convert or sale bydeed revocable or irrevocable or by will or codicil appoint and in default of and until and subject to any suchappointment In trust for all or any of the children of my said daughter Kathleen who being sons or a son attains or attains the age of twenty one years or being daughters or a daughter attain or attains that age ormarry or marries and if more than one in equal shares And I declare that any child who or whose issue shalltake any part of the said trust legacies under any appointment by my said daughter Kathleen shall not indefault of any appointment to the contrary take any share in the unappointed part without bringing the shareappointed to him or her or his or her issue into hotchpot and accounting for the same And if there should notbe any child of my said daughter Kathleen who under the trust in default of appointment herein before contained attains a vested interest in the said trust legacies then I direct that subject to the trusts and powershereinbefore declared in favour of my said daughter Kathleen and her issue and to every exercise of suchpowers my trustees shall held the said trust legacies and the income thereof and all statutory accumulations or income or so much thereof respectively as shall not have been applied under any of the powers herein before contained or referred to In trust for my son Harold Newman absolutely
23. I direct that the legacy of three thousand pounds hereinbefore bequeathed to my said daughter LilianWyndham Bush shall not be paid over to her but shall be retained by my trustees and held by them Upon thetrusts hereinafter declared concerning the same And I direct that my executors and trustees shall retain theshares by clause 12 of this my will bequeathed to my same daughter Upon trust at the discretion of mytrustees or trustee either to retain the same or to sell and convert them into money And I declare that mytrustees or trustee shall stand possessed of the said legacy of three thousand pounds and the moneys to arisefrom the sale and conversion last aforesaid Upon trust to invest the same respectively and to stand possessedof the said legacy and the investments representing the same and the said last mentioned shares and themoneys arising from the sale or conversion thereof or any of them and the investments representing suchmoney (all which legacy shares money and investments are hereinafter included in the description the saidtrust legacies) Upon trust to pay the income thereof to my said daughter Lilian Wyndham Bush for her lifefor her separate use independently of any husband and without power of anticipation And after her death intrust (as to both capital and income for all or any one or more exclusively of the others or other of thefollowing persons namely my grand children the said William Gilbert Wyndham and Eileen Lilian and theirrespective issue and any issue of the present or any future marriage of the said Lilian Wyndham Bush at suchage or time in such manner and if more than one in such shares as she shall whether convert or sale by deedrevocable or irrevocable or by will or by codicil appoint and in default of and subject to any suchappointment In trust for all or any of them the said William Gilbert Wyndham Eileen Lilian and the childrenof the said Lilian Wyndham Bush by her present or any future marriage who being male attain or attains theage of twenty one years or being female attain or attains the age or marry or marries and if more than one inequal shares And I declare that any person who or whose issue shall take any part of the said trust legaciesunder any appointment by the said Lilian Wyndham Bush shall not in default of any appointment to thecontrary take any share in the unappointed part without bringing the share appointed to him or her or his orher issue into hotchpot and accounting for the same and if none of them the said William Gilbert WyndhamEileen Lilian or the child or children of the said Lilian Wyndham Bush and the issue of them respectivelyshall attain a vested interest in the said trust legacies then I direct that subject to the trusts hereinbeforedeclared in favour of my said daughter Lilian Wyndham Bush and to the powers of maintenance and anyother the powers by law vested in my trustees and to every exercise of such powers my trustees shall hold the said trust legacies and the income thereof and all statutory accumulation of income or so much thereof respectively as shall not have been applied under any such powers as aforesaid In trust for my said son Harold Newman and my said daughter Kathleen Mary Wyndham Davies in equal shares And I declare and direct that in case my said daughter Lilian Wyndham Bush or the said William Gilbert Wyndham or the saidEileen Lilian or any issue of the said Lilian Wyndham Bush shall be living at my decease then so long as anyof them shall be living and until the said sum or legacy of three thousand pounds hall set apart and invested as aforesaid interest at the rate of four per cent per annum from the time of my decease shall be paid and applied to the person or persons and in the manner to whom and in which the income of the investments representing the said legacy or sum of three thousand pounds would have been payable or applicable if suchsum or legacy had been set apart and vested immediately on my decease.
24. I declare that in case my said daughters or either of them shall die in my lifetime the said legacies bequeathed to them or her and settled respectively the last two preceding clauses hereof in manner aforesaidshall not lapse but shall be held upon and with and subject to such trusts powers and provisions as would beapplicable thereto respectively if my said daughters or daughter (as the case may be) had survived me anddied immediately after my decease.
25. I devise all the residue of my real and chattel real estate to my said trustees upon trust to permit my said wifeto receive the rents and profits thereof during her life if she shall so long remain my widow and from andafter her decease or her remarriage (whichever shall first happen) In trust for my said son Wyndham Newman absolutely.The residue of the personal estate of which I shall die possessed or of which I may have power to dispose I bequeathto my trustees upon trust that my trustees shall sell call in and convert into money so much of the same as shall notconsist of money and shall with and out of the proceeds of such sale calling in and conversion and my ready moneypay my funeral and testamentary expenses and debts and the pecuniary legacies bequeathed by this my will and theduty on such of the said legacies as are hereby bequeathed free of legacy duty and shall invest the residue of suchproceeds and money and shall stand possessed of such residue and the investments representing the same Upon trustto pay the annual income thereof to my said wife during her life so long as she shall remain my widow and from and after her decease or second marriage whichever shall first happen In trust for my said son Wyndham Newmanabsolutely Provided always and I declare that my trustees may postpone the sale calling and conversion of the wholeor any part or parts of my residuary personal estate for such period of time as my trustees shall think fit And Ideclare that all the income arising form my residuary personal estate (whether consisting of investments of anauthorised nature or not) until the sale calling in and conversion thereof shall for all the purposes of this my will andas between all persons interested hereunder and as well during the first year after my decease as afterwards bepayable and treated as if the same were income arising from the proceeds of such sale calling in and conversion orthe investment thereof Whereas on the occasion of the marriage of my son Wyndham Newman I covenanted to payto the trustees of his marriage settlement within six months after my death the sum of five thousand pounds and it is my intention that such sum of five thousand pounds shall be deducted from or charged upon the interest taken by my said son Wyndham Newman under this my will Now I hereby charge such sum of five thousand pounds and any interest which may become payable thereon upon such parts of my estate real and personal as are by this my will or shall be by any codicil hereto (otherwise than by way of specific will or shall be my any codicil hereto (otherwise than by way of specific bequest of personal chattels) devised or bequeathed to or in trust for my said son Wyndham in exoneration of all other my real and personal estate And I declare that in case my personal estate remaining after payment and satisfaction of my funeral and testamentary expenses and my debts (other than the said sum of five thousand pounds and any interest thereon) and the legacies (specific and pecuniary) by this my will or any codicil hereto bequeathed shall not be sufficient for the payment of the said sum of five thousand pounds and interest it shall be lawful for my trustees at any time within the lifetime of my said son Wyndham or twenty one years from his decease to appoint all or any of the real estate devised to or in trust for my said son Wyndham to such uses as my trustees may think fit for the purposes of raising by mortgage or charge the said sum of five thousand pounds and any interest thereon and the expenses so appointed be not greater than the estate or interest of my said son Wyndham in the real estate appointed and be subject to all estates and interests therein having priority to the estate or interest of my same son.
(There are no legal clause breaks numbered 26 or 27 in this will)
28. I direct that all moneys which ought to be invested under any of the aforesaid trusts hall be invested in thenames of my trustees in or upon any of the following securities (but not otherwise) that is to say in or uponany of the public stocks or funds or government securities of the United Kingdom or any British colony ordependency or in stock of the Bank of England or upon real or leasehold securities in England and Walesbut not elsewhere or upon the debentures or debenture stock or preference or guaranteed shares or stocks of any railway company in Great Britain incorporated by Act of Parliament and paying dividends on itsordinary shares or stock or in or upon the stocks shares paying dividends on its ordinary shares or stock orin or upon the stocks shares or securities of any railway company in India having a fixed rate of interest onits capital stock guaranteed or secured by the government of India or in or upon the stocks bonds debenturesor securities of any municipality county or district council public body or local authority in the UnitedKingdom but not in any securities to bearer or transferable by mere delivery or delivery and endorsementAnd I declare that my trustees shall have power from time to time to vary the said investments into or forothers of the same or a like nature.
29. I empower my trustees at their discretion to retain for such time as they shall think fit all or any part of myestate in or upon such investments or personal or other securities as shall be subsisting at my decease.
30. And I declare that the statutory power of appointing new trustees hereof shall be exercised by my said wifeduring her life or widowhood Provided always and it is my wish that the number of the trustees of this mywill shall at all times be kept up to not less than three and that in the event of the number becoming at anytime by death or otherwise reduced below that number the vacancy or vacancies shall as soon ascircumstances will conveniently admit be filled up so as to restore that number but nevertheless any acts orproceedings of the trustees or trustee for the time being in the interval before the filling up of such vacancyor vacancies shall not be invalidated by reason of the same not having been done.
31. And I direct that any executor or trustee of this my will being a solicitor or other person engaged in anyprofession or business may be engaged to transact any business or to do any act of whatever nature requiredto be done in the premises and shall be entitled to charge and be paid all professional or other charges forany business or act done by him or his firm in connection with the executorship and trust including actswhich an executor or trustee could have done personally
In Witness whereof I have to this my will contained in this and the fourteen preceding sheets of paper set mayhand this fifth day of November one thousand nine hundred and ten William Frederick NewmanSigned by the said William Frederick Newman the testator as and for his last will in the presence of us who inhis presence at his request and in the presence of each other all being present at the same time have hereuntosubscribed our names as witnesses Charles William Sclater –– The old vicarage Hockworthy Devon Gardener Jane Kerslake –– Hockworthy Vicarage Domestic Servant. I, the Reverend William Frederick Newman Vicar of Hockworthy in the county of Devon declare this to be aCodicil to my will which will bears date the fifth day of November one thousand nine hundred and ten Whereasby my said will I have (inter alia) devised and bequeathed all my lands hereditaments moneys and property realand personal moveable and immoveable situate and being at St. John’’s and elsewhere in the colony ofNewfoundland to my trustees Upon trust as to any rents of hereditaments or immoveable property there situateaccrued to up to the time of my decease and then remaining due to divide and pay the same as in my said willmore particularly mentioned and as to the residue of my said property in the said colony to receive the annualincome thereof during the life and widowhood of my said wife and thereout to pay to her such an annual sum astogether with her income arising from other sources under my said will and from our marriage settlement andfrom the will of my late mother shall amount to the annual sum of one thousand pounds computed from my decease
Now I hereby direct my trustees to pay to my said wife the annual sum of one thousand two hundredpounds in substitution for the annual sum of one thousand pounds above mentioned and not in addition theretoon the same terms and conditions as are by my said will expressed concerning the said annual sum of onethousand pounds I give and bequeath all my Newfoundland government debenture bonds to my son Haroldabsolutely (such bonds to be excepted from the above recited bequest of all my property in Newfoundland) inaddition to the other benefits given to him by my said will And in all other respects
I confirm my said will In Witness whereof I have hereunto set my hand to this Codicil to my said will this ninth day of November onethousand nine hundred and fourteen W. F. Newman Signed by the said William Frederick Newman as a Codicil to his last will in the presence of us both present atthe same time who at his request in his presence and in the presence of each other have hereunto subscribed ournames as witnesses Annette Field –– Hockworthy Vicarage Devon spinster Ernest Bramwell –– Barlescombe Devon Clerk in Holy Orders.
Correct.William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the margin next to this will the following)
Fiat Feb 10/21Kent J.Estate Swornat $96,550.23
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