NL GENWEB

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 volume 8 pages 139-143 probate year 1902

Will of Hugh M. Matheson

In re: HUGH MACKAY MATHESON. DECEASED.

This is The Last will of me Hugh Mackay Matheson of Hampstead in the County of Middlesex and of Lombard Street in the City of London Merchant

1. I revoke all my former testamentary dispositions and I appoint my dear wife Agnes Ann Matheson my brothers Donald Matheson of 120 Queen's Gate London and Thomas Matheson of Liverpool and John Matheson Macdonald of 3 Lombard Street as my Executors and Trustees.

2. I bequeath to my said wife a legacy of one thousand pounds for her immediate use I also bequeath to her all such of my books pictures plate linen china wines and household furniture and effects and of my carriages and horses with the harness as she may select.

3. I give all my real estate and the residue of my personal estate whatsoever and wheresoever which I am or may be enabled to dispose of to my said trustees their heirs executors administrators and assigns according to the nature and quality thereof In trust to realize and convert the same at such times and in such manner as they in their discretion shall think fit and to invest the proceeds in any of the securities hereinafter mentioned and to pay the income thereof to my said wife during her life and after her death I direct my said trustees to hold the capital in trust for my children Mary Annabella and Hugh Mackay to be divided between them equally.

4. I empower my trustees to postpone the sale and conversion of any part of my property as long as they in their absolute and uncontrolled discretion shall think fit and in the meantime to manage any unsold real estate as regards letting and otherwise as they shall think fit And I also empower them to settle accounts with any partnership in which I am or may be engaged And I declare that such settlement shall be final and conclusive on all persons interested in my estate and that the same shall not be questioned by any person interested therein and I empower my trustees to allow my capital and interest to remain in any such partnership so long as they may deem fit and to give time for payment thereof to receive the same by instalments and to invest all or any part of my estate in any of the Parliamentary stocks or public funds or in Government securities of the United Kingdom or India or upon freehold copyhold leasehold or chattel real securities in Great Britain but not in Ireland (but such leasehold or chattel real securities to be upon hereditaments held for a term of which not less than sixty years shall be unexpired at the date of investment) or in the capital stock of the Bank of England, stock of the Metropolitan Board of works or upon debentures or debenture stock or preference or guaranteed stock or shares or any Railway Canal or Dock Company in Great Britain which shall have paid a dividend on its ordinary capital stock for each of the three years last preceding the investment thereon or on the stocks shares or securities of any undertaking in Great Britain or India the dividend or interest on which is or may be guaranteed by the Government of Great Britain or India or in any annuity whether permanent or terminable and whether now existing or hereafter to be created the payment of which is or may be charged on the Revenues of India or in the funds bonds or other securities of any British Colonial Government with full power to vary the said investments from time to time at their discretion

In witness whereof I the said Hugh Mackay Matheson have hereunto set my hand this seventeenth day of November one thousand eight hundred and eighty two - H.M. Matheson - Signed and declared by the said Hugh Mackay Matheson the Testator as and for his last will and Testament in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

William D. Freshfield 5 Bank Buildings London Solr.
Robt M. Moir 3 Lombard St London Gentn.

This is a Codicil to the last will and Testament of me Hugh Mackay Matheson of Hampstead in the County of Middlesex and of No 3 Lombard Street in the City of London Merchant which will is dated the seventeenth day of November one thousand eight and eighty two whereas by my said will I have appointed my wife Agnes Ann Matheson and my brothers Donald Matheson and Thomas Matheson and my cousin John Matheson MacDonald Executors and Trustees of my said will I do now appoint my son Hugh Mackay Matheson Junior to be an executor and Trustee of my said will to act in addition to the above named Executors and Trustees and I declare that my will shall in all respects take effect as if the name of the said Hugh Mackay Matheson Junior had been inserted in my said will and whereas by my said will I have given to my said wife all my books pictures plate linen china wines and household furniture and effects and of my carriages and horses with the harness as she may select Now I direct that such selection shall be made from such articles and effects as may be at my house and premises named Heathlands at Hampstead aforesaid

And whereas by my will I gave all my real estate and the residue of my personal estate whatsoever and wheresoever of which I was or might be enabled to dispose of to my said trustees their heirs executors administrators and assigns according to the nature and quality thereof in trust to realize and convert the same at such time and in such manner as they in their discretion should think fit and to invest the proceeds in any of the securities in my said will mentioned and to pay the income thereof to my said wife during her life and after her death to hold the capital in trust for my children Mary Annabella and Hugh Mackay Matheson to be divided between them equally

Now I do revoke the said direction to my said trustees to hold the capital in trust as aforesaid and in lieu thereof I direct my said trustees to hold the capital immediately after my death in trust for my children Mary Annabella and Hugh Mackay Matheson to be divided between them in the following parts or proportions videlicet - two fourth parts thereof to my son Hugh Mackay Matheson one fourth part thereof to my daughter Mary Matheson and one fourth part thereof to my daughter Annabella the wife of Adam Roland Rainy In giving this provision to my children I direct that they accept it in lieu of any right of maintenance they may have during the life of my wife from the income of our Marriage Settlement

And whereas a portion of the residue of my estate will consist of the following property in Scotland namely a house and grounds called Elsick Cottage at Strathpeffer in the County of Ross together with certain furniture and effects therein and also a property or estate called Little Scatwell in the County of Ross aforesaid Now I hereby declare that my executors and trustees in making the division of my property between my children as aforesaid shall have the said properties at Elsick and Little Scatwell together with any furniture and effects therein valued by such competent values as they in their uncontrolled discretion think fit and shall in the division of the property between my son and daughters take the said properties of Elsick and Little Scatwell at the value which shall be put upon them by the said values as part of the share of my said son Hugh Mackay Matheson it being the intention of this my will that my said son shall accept these properties at the values put upon them by the said valuer as part of his share

I give out of such part of my property as may be applied to charitable purposes the sum of five hundred pounds to be paid to the Secretary or Treasurer for the Foreign Missions of the Presbyterian Church of England whose receipt shall be a good and sufficient discharge for the same and I desire that the said legacy shall be paid free of legacy duty

In other respects I confirm my said will in witness whereof I have hereunto set my hand this twenty-fourth day of January one thousand eight hundred and ninety eight. Hugh M. Matheson- Signed and declared by the said Hugh Mackay Matheson the Testator as and for a Codicil to his last will and testament in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
Allan Bathurst 5 Bank Buildings London E.C. Solicitor
William Le Marchant Articled clerk to Messrs Freshfields & Williams 5 Bank Buildings London E.C. Certified correct, D. M. Browning Registrar

(Listed in the margin next to this will the following)
Fiat March 20/02 Emerson J Re-sealed March 20/02

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