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 10 pages 235 to 245 probate year 1914
|Will of Henry Finch|
In re: HENRY FINCH . DECEASED.
1. I appoint my son Henry William Finch and Ernest Cormack Finch and my brother-in-law Montague Brown and Augustus Hawthorn Browne Executors and trustees of this my will.
2. I desire to be buried in my vault in Willesdon Church Cemetery unless my executors see good reason to the contrary and in an inexpensive manner and I declare my main arteries may be severed or some other course adopted to be approved of by my executors so as to prevent any possible revival after burial.
3. I give the following legacies all free of death duties namely:- To my wife Sarah Jane Finch absolutely three hundred pounds to be paid to her as soon as possible after my decease and also twenty dozen of my wines and liquors to be selected by my said wife within three months of my decease and all my provisions and consumable stores (excluding wines and liquors) and all my household linen glass and china (except such parts thereof as are used or kept as or for ornament or show and as are not in domestic use either usually or occasionally) And further the use and enjoyment during her life of the pearl and emerald rings now used by her and subject thereto I give the same rings to my two daughters Catherine Scott Finch and Mary Elizabeth Finch each taking one in the order named my daughter Janet Maud Finch having already had the diamond ring I intended for her given to her
4. I give all my furniture plate and plated goods and all my glass and china not hereinbefore absolutely bequeathed to my said wife and all my books manuscripts pictures prints statuary musical instruments articles of vertu and all other articles of personal domestic or household use or ornament not hereinbefore specifically bequeathed and my horses carriages saddlery and stable furniture not otherwise specifically bequeathed (hereinafter called “my residuary specific effects”) unto the said Henry William Finch Ernest Cormack Finch Montague Brown and Augustus Hawthorn Browne in trust to permit my wife to have the use and enjoyment during her life of so many of my residuary specific effects as she shall within three calendar months of my death select and shall from time to time actually use or enjoy she keeping the effects so selected properly insured against fire and in good preservation reasonable wear and tear excepted And subject thereto I give my residuary specific effects to such of my children as shall survive me to be divided amongst them in equal shares as tenants in common And I direct that an inventory of the effects selected by my said wife shall be made in duplicate as soon after such selection as possible by my trustees at the expense of my estate and that one copy shall be signed by my trustee and kept by my said wife and one copy shall be signed by my said wife and retained by my trustees. And I declare that my trustees shall not be concerned during the lifetime of my said wife to see to the insurance or preservation of the said selected effects or any of them or be liable for any loss or damage that may happen thereto from any cause whatsoever.
5. In the event of my surviving my present wife and the appointment purporting to be effected by a Deed Poll under my hand and seal dated the second day of August one thousand nine hundred and six in exercise of the power of appointment amongst children contained in the settlement made on my marriage with my said present wife dated the twenty first day of February one thousand eight hundred and eighty one failing to take effect by reason of the funds and property thereby dealt with falling into and forming part of my estate under the trusts contained in the said Settlement on my surviving my said present wife I give to my trustees hereinbefore named a sum equal in value to the funds and property which shall have so fallen into and formed part of my estate Upon trust to divide the same between all or any my children or child living at my death and the children or child then living of any then deceased child of mine who being male attain the age of twenty one years or being female attain that age or marry and if more than one as tenants in common in equal shares but so that the children of any deceased child of mine shall take equally between them as tenants in common only the share which their parent would have taken had he or she survived me and attained a vested interest.
6. I give all my share in the property at St. Johns Newfoundland known as the Rennie and Scott Estate to the said Henry William Finch Ernest Cormack Finch Montague Browne and Augustus Hawthorn Browne Upon trust that they or the survivors or survivor of them or other the trustees or trustee of this my will shall hold the same in trust for my sister-in-law Jannette Scott for her life and subject thereto for the said Henry William Finch absolutely if he shall be living at the death of the survivor of myself and the said Janette Scott but if not then for the said Ernest Cormack Finch absolutely.
7. I devise and bequeath all my real and personal estate whatsoever and wheresoever not hereinbefore otherwise disposed of (including as well real as personal estate over which I may have general power of appointment or disposition by will) to the said Henry William Finch Ernest Cormack Finch Montague Browne and Augustus Hawthorn Browne their heirs executors and administrators according to the nature thereof upon trust that they the said Henry William Finch Ernest Cormack Finch Montague Browne and Augustus Hawthorn Browne or the survivors or survivor of them or other the trustees or trustee for the time being of this my will (herein called my trustees) shall call in collect and convert into money the said real and personal estate and promises at such time or times and in such manner as they shall think fit (but as to reversionary property not until it falls into possession unless it shall appear to my trustees that an earlier sale would be beneficial) and so that they shall have the fullest power and discretion to postpone the sale calling in or conversion of the whole or any part or parts of the said promises including leaseholds or other property of a terminable or wasting nature during such period as they shall think proper and to retain the same or any part thereof in its present form of investment without being responsible for loss And shall out of the moneys to arise from the sale calling in and conversion of or forming part of my said real and personal estate pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my will or any codicil hereto and make provision for the duty on any legacies bequeathed free of duty and shall with the previous consent in writing of my wife invest one third of the residue of the said monies (which said moneys are hereafter called “my residuary estate”) in the names of my trustees with power from time to time to vary such investments with the consent of my said wife during her widowhood and shall pay the income thereof to my said wife so long during her life as she shall remain my widow And subject as aforesaid my trustees shall stand possessed of the said one third part of my residuary estate and also of the remaining two third parts thereof In trust for all or any my children or child if more than one as tenants in common in equal shares Provided always and I declare that if any child of mine shall die in my lifetime being a son leaving a widow or child of his living at my death or being a daughter leaving a child living at my death then the share or shares whether original or accruing in my residuary estate herein bequeathed in trust for him or her shall not lapse but shall be held as regards the shares or share of any such son of mine upon trust to pay the income thereof to any wife of his he may leave surviving so long as she shall remain his widow And from and after the death or marriage again of such widow the said share or shares shall be held in trust for all or any the children or child of such son who being male attain the age of twenty one years or being female attain that age or marry if more than one in equal shares as tenants in common and as regards the share or shares of any such daughter of mine In trust for all or any the children or child of such daughter who being male attain the age of twenty one years or being female attain that age or marry if more than one in equal shares as tenants in common and if there shall be no such child of any such son or daughter of mine the shares or share of such son or daughter as the same may be shall go and accrue by way of addition to the share or shares of my other children or child in my residuary estate if more than one in equal shares as tenants in common and so that the share which shall so accrue and be added to the share of any son or of any daughter of mine dying in my lifetime and leaving a child living at my death shall be held upon the trusts and subject to the powers and provisions herein declared and contained concerning his or her original share or as near thereto as circumstances will admit.
8. I declare that the share in my residuary estate which is hereinbefore expressed to be given to each daughter of mine shall not vest absolutely in such daughter but shall be retained by my trustees and held by them Upon trust that they shall during the life of such daughter pay the income thereof to her and as that during coverture the same shall be for her separate use without power of anticipation and after the death of such daughter shall hold such share and the future income thereof Upon trust for all or such one or more exclusively of the others or other of the children or remoter issue of such daughter (such remoter issue to be born and take vested interests within twenty one years after the death of such daughter) if more than one in such shares and in such manner in all respects as such daughter shall by deed or deeds revocable or irrevocable or by will or codicil appoint And in default of and subject to any such appointment In trust for all or any the children or child of such daughter who being sons or a son attain the age of twenty one years or being daughters or a daughter attain that age or marry if more than one as tenants in common in equal shares and if no child of such daughter of mine being a son shall attain the age of twenty one years or being a daughter attain that age or marry then In trust for such of my other children or their issue for such purposes and in such manner in all respects as such daughter shall by will or codicil appoint and in default of and subject to any such appointment In trust for such person or persons as would have been entitled thereto under the Statues for distribution of the personal estate of intestates at the death of such daughter had she died possessed thereof intestate domiciled in England and a spinster such persons if more than one to take as tenants in common in the shares in which they would have taken under the same Statutes Provided always and I declare that it shall be lawful for every daughter of mine by deed executed prior to and in contemplation of marriage or by will or codicil to appoint unto or for the benefit of any husband of hers who may survive her an interest for the term of his life or any less interest in the whole or any part of such share and subject to any conditions or restrictions she may think fit and that in the event of any such appointment being made the interest so appointed unto or for the benefit of such surviving husband shall take effect in priority over the trusts and provisions hereinbefore declared and contained concerning the share of such daughter to take effect after death.
9. I declare that any share appointed to the issue of any daughter of mine under the power hereinbefore contained shall in default of appointment to the contrary be brought into hotchpot by such issue in the division of the unappointed part of the said trust promises.
10. I authorize my trustees to raise any part or parts not exceeding in the whole a moiety of the capital of any share to which any minor shall or if of full age being a male or of full age or married being a female would for the time being be entitled whether in possession or in reversion or in expectancy under this my will or any codicil hereto and to pay or apply the same for his or her advancement education or benefit. Provided that no such advance shall be made during the existence of any prior life or other interest or interests whether vested or contingent without the consent in writing of the person or persons entitled thereto.
11. I declare that all the net rents profits and income arising from my estate real or personal until the sale calling in and conversion thereof in whatsoever condition or state of investment the same may be and whether consisting of investments of unauthorised character or not (including leaseholds or other property of a terminal or wearing out nature) shall for the purposes of this my will and as between all persons interested hereunder and as well during the first year after my death as afterwards be applied as if the same were income arising from the net proceeds of such sale calling in or conversion of the investments of such proceeds no part thereof being liable to be retained as capital but that no reversion or other property not actually producing income shall be treated as producing income for the purposes of this my will.
12. I declare that notwithstanding any rule of law or equity to the contrary my funeral and testamentary expenses and debts inelusive of the interest on such debts which may have accrued due from me at the date of my death shall be paid out of the capital of my estate to the exclusion of any rents profits or income accruing from or in respect of my estate from and after my decease and that no part of the rents profits or income of my estate accruing from and after my death shall be applied in payment of my funeral or testamentary expenses or debts or the interest thereof except any interest accruing due from my estate from and after my death nevertheless I empower my trustees in case it should be deemed proper or expedient so to do whether for convenience in making out the accounts of my estate or otherwise to modify the rule lastly hereinbefore laid down by me to any extent and in any manner they may think fit.
13. I authorize my trustees to invest any moneys forming part of the trust estate under this my will which may at any time be in their hands requiring investment in or upon any of the public stocks or funds or government securities of the United Kingdom or India or any British Colony or Dependency or any government or state or in or upon frehold copyhold leasehold or chattel real securities in Great Britain or Ireland or on the security of any interest for a life or lives or determinable or life or lives or any other event in real or personal property in the United Kingdom or abroad together with a policy or policies or assurance on such life or lives or against such event or on the security of any real or removeable property in India or in any British Colony or Dependency or in any foreign country or in or upon the bonds debentures debenture stock mortgages obligation or securities or the guaranteed preference or ordinary stock or shares of any company or public municipal or local body or authority in the United Kingdom or India or any British Colony or Dependency or any foreign country or in the purchase of freehold ground rents to be held upon like trusts for sale with power from time to time to vary such investments at their discretion unless herein otherwise provided.
14. I expressly empower my trustees to continue any investments held by me at the time of my decease whether the same are hereby authorized or not without being responsible for any loss arising thereby and also to allow money already lent by me on contributory mortgage to remain so invested or to lend any money in a similar way and in either case the security may be 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 in that behalf by the several contributories or such other arrangement may be made in relation thereto as my trustees may think fit and also to stipulate for or allow the continuance of any loan by way of m,ortgage or contributory mortgage as aforesaid for a term certain.
15. I authorize my trustees in substitution for the power conferred on personal representatives by the 4th Section of the Land Transfer Act 1897 but as regards registered land without prejudice to sub-section 3 of that Section at any time or times at their discretion to appropriate any part of my estate hereinbefore given my trustees in trust in its then actual condition or state of investment in or towards satisfaction of any legacy or share in the said trust promises with power for that purpose conclusively to determine the value of the said trust promises or any part or parts thereof in such manner as they shall think fit Provided that any property so appropriated in satisfaction of any legacy or share not absolutely vested in possession and immediately payable or transferable shall notwithstanding such appropriation remain subject to the trusts and powers of sale and conversation and investment and varying investments and leasing and management herein declared and contained concerning the said trust promises hereinbefore devised and bequeathed in trust as aforesaid or such of the same trusts and powers as may be applicable thereto in such manner as if no appropriation had been made.
16. I empower my trustees to manage and cultivate any real or leasehold hereditaments for the time being subject to the trusts of this my will with all the powers in that behalf of absolute owners including power to cut timber and underwood for sale repairs or otherwise and to repair and insure houses and buildings and to lay out hereditaments for building and to lease or contract to lease for any term of years or tenancy and at any rent and to make allowances to and arrangements with tenants and others and to accept surrenders of leases and tenancies with power out of income or capital to make any outlay for the purpose aforesaid and to grant leases to my said wife or to any child of mine.
17. I declare that my trustees shall be trustees for the purposes of the Settled land Acts.
18. I hereby declare that it shall be lawful for my trustees to appoint any persons not being less than two in number of whom any one or more of the general trustees of this my will and the daughter of whose share new trustees are being so appointed may be one or more to be trustees of the share hereby provided for any daughter of mine in the trust promises and upon every such appointment the share in respect of which such trustees shall be so appointed shall as soon as circumstances will admit be transferred so as to be vested in the trustees so appointed, upon such trusts and subject to such powers and provisions as are herein declared and contained concerning the same and so that all the trusts powers and provisions of this my will (including the trusts and powers for sale and conversion and postponing conversion and leasing and management until sale and investment and varying investments according to the nature of the property) shall so far as the same may be capable of applying be applicable to such trustees in relation to such share as aforesaid and the trust promises from time to time representing the same in the same manner as far as may be as if such trustees had been the sole trustees for the time being of this my will.
19. I empower my trustees to determine what articles pass under any specific bequest contained in this my will or any codicil hereto and whether moneys are to be considered as capital or income and whether any expenses outgoings or other payments ought to be paid out of capital or income and how valuations or the divisions of effects or property are to be made or value determined for the purpose of any case of hotchpot satisfaction division allotment or appropriation or otherwise and to apportion blended trust funds and to determine all questions and matters of doubt arising in the execution of the provisions or trusts of this my will or any codicil hereto And I declare that every such determination whether made upon a question actually raised or implied in the acts and proceeding of my trustees shall be conclusive and binding on all persons interested under this my will or any codicil hereto.
20. I declare that my trustees may exercise or concur in exercising all powers and discretions hereby or by law given to them notwithstanding that they or any of them may have a direct or other personal interest in the mode or result of exercising any such power or discretion.
21. I also declare that any executor or trustee being a solicitor or other person engaged in any profession or business 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 any act which an executor or trustee not being a solicitor or other person engaged as aforesaid could have done personally.
I Henry Finch of Middle Temple and of No. 38 Broadwater Down Tunbridge Wells in the County of Sussex formerly of Bergen House South Godstone Surrey Esquire hereby declare this to be a Codicil to my will which bears the date the third day of August one thousand nine hundred and six Whereas by my said will I have directed my trustees therein named to stand possessed of my residuary estate (subject to the interest by my said will given to my wife in the income of one equal third part thereof) In trust for all or any my children or child if more than one as tenants in common in equal shares with certain provisions to take effect in the event of any child of mine dying in my lifetime leaving a child (or being a son leaving a widow or a child) living at my death And whereas I am desirous of making provision hereinafter contained with regard to the share of my son Robert Geoffery Finch in my residuary estate (hereinafter called “my said son’s share”) Now I hereby declare that one moiety of my said son’s share shall not vest absolutely in him but shall be retained by my trustees and held by them upon trust to invest the same in any of the investments authorised by my said will with power to vary as therein mentioned and to pay the income thereof to the said Robert Geoffery Finch during his life until he shall become bankrupt or shall assign or charge or effect to assign or charge the said income or some part thereof or until some other act or event shall be done or happen other than a consent to any exercise of the power of advancement hereinafter contained whereby the said income or some part thereof if belonging absolutely to him would become vested in or charged in favour of some other person or persons or a corporation Provided nevertheless that the trustees shall not be liable or responsible for paying the said income to the said Robert Geoffery Finch or permitting him to receive the same after the failure or determination during his life of the trust hereinbefore declared in his favour unless and until the trustees shall have received express notice of the event which shall cause such failure or determination And in the event of the failure or determination during the life of the said Robert Geoffery Finch of the trust lastly hereinbefore declared in his favour Upon trust during the remainder of his life to pay or apply all or any part of the said income unto or for the personal support or benefit or all or any one or more exclusively of the following persons namely the said Robert Geoffery Finch and his wife and issue for the time being in existence and the persons or person for the time being interested in the same moiety of my said son’s share under the ulterior trusts hereinafter declared in such shares and manner as the trustees shall from time to time in their absolute discretion think proper and subject to such discretionary trust or power Upon trust to hold the said income upon the trusts upon which the same would for the time being be held if the said Robert Geoffery Finch were then dead and so that any moneys which may be paid under the foregoing trust to a married woman shall belong to her for her separate use without power of anticipation And after the death of the said Robert Geoffery Finch Upon trust to pay the income of the said moiety to his wife if surviving during her widowhood And after the death of the said Robert Geoffery Finch and the death or remarriage (which shall first happen) of his said wife shall stand possessed of the capital and future income of the said moiety Upon trust for all or any of the children child or remoter issue of the said Robert Geoffery Finch in such shares if more than one and in such manner in all respects as the said Robert Geoffery Finch should by any deed or deeds revocable or irrevocable or by will or codicil appoint And in default of and subject to any such appointment Upon trust for all or any the children or child of the said Robert Geoffery Finch who being male attain the age of twenty one years or being female attain that age or marry and if more than one in equal shares Provided always that no child of the said Robert Geoffery Finch who or whose issue shall take any part of the trust promises under an appointment to the contrary be entitled to any share of the unappointed part thereof without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly
Fiat June 19/14 Emerson J. Sealed with the Seal of the Supreme Court of Newfoundland this 20th day of June 1914 in accordance with Section 183 of the Judicature Act 1904, and for the persons therein named Estate sworn at $2015.63
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