NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 8 pages 358-363  probate year 1907

Will of Lewis Charles Sayles

In re     Lewis Charles Sayles     deceased.

    This is the last will and Testament of me Lewis Charles Sayles of Lincolnís Inn Barrister-at-Law I appoint my brother Francis Austin Sayles and Roderick Hamilton Purves of Great James Street Solicitor Executors hereof I bequeath the following pecuniary legacies free of duty

  • To the said Francis Austin Sayles the sum of Two thousand pounds (which legacy shall have priority over all other dispositions hereby made)
  • to the said Roderick Hamilton Purves the sum of one hundred pounds
  • to my brother-in-Law Charles George Skyrme the sum of Two hundred pounds as a token of the great esteem I have for him
  • to Miss Annette Byford the sum of Two hundred pounds -
  • to Miss Emily Gertrude Stainton the sum of Two hundred pounds -
  • to my cousin Mrs Mary Anna Cross the sum of one hundred pounds -
  • to my cousin Mrs Agnes Eleanor St. Julian the sum of two hundred pounds -
  • to my godson Curteis Fraser Maxwell Norwood Ryan the sum of Two hundred pounds -
  • to Miss Eva Neale the sum of Two hundred pounds
  • to Miss Alice Whiting the sum of Two hundred pounds
  • and to my late clerk George Alsford the sum of Fifty pounds.
I bequeath to Charles Johnston Edwards Esquire all my Law Reports and to Edward Francis Maxwell Ryan Esquire all my Law books other than Reports such legacies to be free of duty

I devise all property belonging to me at St. Johnís Newfoundland to the said Francis Austin Sayles for his own use absolutely

I devise and bequeath all the rest of my property real and personal to my Executors Upon Trust to sell and convert into money the same at such times and in such manner as they think fit with full power to postpone the conversion of any part thereof for any time they think fit and to retain any part thereof (whether of a nature authorised as an investment or not and whether wasting or otherwise) as a permanent investment and all income arising therefrom shall be deemed income for all purposes and with power to pay off mortgages out of any moneys and effect mortgages for any purpose purchase the reversions of leaseholds grant leases for any period and on any terms appropriate and lay out for building or other purposes in any manner and otherwise manage and realize every part of my property at their absolute discretion and so that the payment of any legacy or the appropriation of any part of my residue may be postponed for such period as my Executors shall think fit but all pecuniary legacies and bequests shall carry interest at the rate of four per centum per annum from the expiration of six calendar months after my death and I Direct my Executors out of the proceeds of the said sale and conversion to pay my debts funeral and testamentary expenses legacies and the duties thereon and out of the net residue I bequeath to the said Francis Austin Sayles, Roderick Hamilton Purves and Charles George Skyrme chemist St. Leonards-on-Sea the sum of one thousand pounds Upon Trust to invest the same in their names and to pay the income thereof to Mrs Frances Stainton during her life without power of anticipation and after her death if her daughter the said Emily Gertrude Stainton shall be living and shall not have done or suffered anything and no event shall have happened whereby the trust next hereinafter declared would if subsisting be determined to pay the income thereof to the said Emily Gertrude Stainton during her life or until she attempts to alien charge or anticipate the same or any part thereof or until she does or attempts to do or suffers any other act or thing or some event happens whereby if the same income were payable to her absolutely for her life she would be deprived of the right to receive the same or any part thereof for her own benefit in any of which cases as well as on her death the present trust for payment of the said income to the said Emily Gertrude Stainton shall determine And if the trust aforesaid shall fail or determine in the lifetime of the said Emily Gertrude Stainton then upon Trust during the residue of her life to apply the annual income of the said sum of one thousand pounds for the maintenance and support or otherwise for the benefit of all or any one or more exclusively of the other or others of her and her child or children if any as the Trustees of the same sum shall in their absolute discretion think fit or if there shall be no such child then for the maintenance support or otherwise for the benefit of all or any one or more exclusively of the other or others of her and any husband of her and the person or persons who would if she were actually dead be entitled to the said sum of one thousand pounds or the income thereof as the said Trustees in their absolute discretion and without being liable to account think fit and after the death of the said Emily Gertrude Stainton the capital and income of the same sum of one thousand pounds shall be held In trust for all or such one or more exclusively of the children of the said Emily Gertrude Stainton in such shares and with such provisions for maintenance advancement and education and generally in such manner as she shall by will appoint and in default of or subject to any such appointment In Trust for all her children who attain the age of twenty one years equally and in default of such children In Trust for my Cousin the said Agnes Eleanor St. Julian absolutely but if she shall then be dead upon Trust for her children then living in equal shares

And I bequeath to the said Francis Austin Sayles Roderick Hamilton Purves and Charles George Skyrme a further sum of Three thousand five hundred pounds Upon Trust to invest the same and to pay the annual income thereof upon the like trusts in favour of the said Emily Gertrude Stainton and the trusts following them as are hereinbefore contained with respect to the first mentioned sum of one thousand pounds
And I direct that my Trustees shall stand possessed of all the net residue of the proceeds of the sale and conversion of my estate after payment or appropriation of the said sums hereinbefore directed to be paid thereout In Trust for the said Francis Austin Sayles absolutely but if he shall die before me In Trust for the said Agnes Eleanor St. Julian absolutely but if she shall also die before me In trust for all her children living at my death in equal shares

I Declare that any money liable to be invested under this my will may be allowed to remain in the state of investment in which the same may be at my death or may be invested in any manner prescribed by law or in the securities of any Colonial or Foreign Government or leasehold mortgages or in the purchase of freehold or leasehold (having sixty years to run) properties with power to sell and vary all such property and investments but all investments shall stand and property be purchased in the names of the Trustees and I Declare that the said Roderick Hamilton Purves or any other Executor or Trustee who may be a Solicitor shall be entitled by himself or his firm to make professional charges for all work done in the same manner as if he had not been an Executor or a Trustee And that the said Roderick Hamilton Purves may accept the office of Executor without accepting all or any of the trusts of my will and that if he shall not accept the trusts of the said sum of Three thousand five hundred pounds an additional Trustee thereof shall be forthwith appointed in his place

In witness whereof I have hereunto set my hand this ninth day of February one thousand nine hundred and six L.C. Sayles Signed by the said Lewis Charles Sayles in the presence of us present at the same time who in his presence and in the presence of each other have hereto subscribed our names as witnesses
John Henderson M.D. 73 Talbot Road, Bayswater.
W. Hannah Chappell 11 Powis Gardens, Domestic Servant.

This is a Codicil To the last will and Testament of me Lewis Charles Sayles of 11 Powis Gardens Bayswater in the County of Middlesex Barrister-at-law which will bears date the ninth day of February One thousand nine hundred and six
I Do Hereby Direct that in case Alfred Bethune Baker shall at the time of my death be indebted to me in any sum of money that he or if he be then dead his Executors shall not be called upon to pay the same until such time or times as may be convenient to him or them and in all other respects I confirm my said will     In witness whereof I have hereunto set my hand this twenty sixth day of February One thousand nine hundred and six.     L. C. Sayles Signed by the said Lewis Charles Sayles the Testator as and for a Codicil to his last will and Testament in the presence of us both being 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
John Henderson M.D. 73 Talbot Road, Bayswater
W. Hannah Chappell 11 Powis Gardens Bayswater W. Domestic Servant

Certified correct,
D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Re-sealed
Dec. 24. 07
Horwood C.J.
Estate
sworn at
$2860.00

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