Share/Save/Bookmark

Presented by the
Newfoundland's Grand Banks Site
to assist you in researching your Family History

Click on the graphic below to return to the NGB Home Page
Newfoundland's Grand Banks

To contribute to this site, see above menu item "About".

These transcriptions may contain human errors.
As always, confirm these, as you would any other source material.

A Collection of Newfoundland Wills
(G)
Leopold Goldsmith

 

Will of Leopold Goldsmith, from Newfoundland will books volume 15 pages 212 to 217 probate year 1930

IN RE.          DECEASED

LEOPOLD GOLDSMITH

I Leopold Goldsmith of 54 Rodney Court Maida Vale a Member of the London Stock Exchange and carrying on a business as "Leopoldo Goldsmith and Co" at Drapers Gardens in the City of London hereby revoke all wills codicils and other testamentary dispositions heretofore made by me and declare this to be my last and only will.

  1. If I die in Paris I desire to be buried with my father and mother in Cinnetiere Montmartre Paris but if I die elsewhere I desire my body to be cremated and my ashes disposed of in the simplest manner I authorise my Trustees to expend any sum they may think fit upon my funeral and a grave and memorial stone or other receptacle (if any) for my remains.
  2. Subject as hereinafter provided I appoint Charles Wilmere of 11 Connaught Square London W and Robert Ephraim Norton of 82 Western Park Crouch End (both of whom are employed in my said business) to be the EXECUTORS AND TRUSTEES of this my will and in case the said Charles Wilmere shall die in my lifetime or refuse to be unable to act in the office of Executor or and Trustee then I appoint Ernest Wilmere of Craven Hill Hotel Bayswater to be Executor and trustee in his stead And I declare that the expression "my trustees" whenever hereinafter used means the trustees or trustee hereof for the time being whether original or substituted Provided always that if the said Charles Wilmere proves this my will I appoint him SOLE EXECUTOR of this my will as to my said business and all my interest therein And I direct that all duties and all expenses of taking out the limited Probate in respect thereof shall be paid out of my general estate and that this proviso shall cease to have effect on his death.
  3. I bequeath the following legacies free of all death duties namely (a) to my wife (1) all my personal chattels as defined by Form 2 of Part 1 of the Statutory Will Forms 1925 other than those used in or about or for the purposes of my said business (2) All moneys in the house and to our credit in every banking account in our joint names at the time of my death and (3) An annuity of eight hundred pounds during her life (b) to Emma Goldsmith of 54 rue Pennequin Paris the widow of my late brother free of all death duties such an annuity as after paying any British income tax properly chargeable thereon at the rait from time to time current shall leave a net annuity of one hundred and fifty pounds so long as she shall remain his widow and from and after her remarriage such an annuity as after paying any British income tax as aforesaid shall leave a net annuity of seventy five pounds during the remainder of her life The said annuities are to commence from my death and to be paid by equal quarterly payments on the four usual quarter days in every year the first of each quarterly payments (being for amounts proportionate to the period which shall have elapsed since my death) to be made on the first of such quarterly days occurring after my death (c) To such one of the said Charles Wilmore or Ernest Wilmere who shall prove this my will and accept  the trust thereof (free of all death duties) the sum of two hundred and fifty pounds (d) To the said Robert Ephraim Norton provided he shall prove this my will and accept the trusts thereof free of all duties the sum of two hundred pounds (e) To the said Charles Wilmere free of all death duties (1) A sum equal to one half of the total net profits of the firm of Leopold Goldsmith and Co to which I shall be entitled for the current business year during which I shall die and (2) One equal half part of the price for which the goodwill of my said business shall be sold after my death if it be in fact sold (f) to such of the said Robert Ephraim Norton and A.J. Tassel N.L. Berry and Harold Berry as shall at the date of my death be employed by me in my said business and not under notice to leave either given or received free of all death duties the sum of one thousand pounds or a sum equal to one equal half part of the total net profits of the firm of Leopold Goldsmith and Co. to which I shall be entitled for the current business year during which I shall die (whichever shall be the greater) the same to be divided between them in proportion to their respective salaries from my said business at the date of my death and if there shall be only one the same to be for that one (g) To Mr and Mrs Blonfield free of all death duties if they shall be in my service at the date of my death and not under notice to leave either given or received the sum of one hundred pounds to be equally divided between them and if only one of them shall answer the foregoing requirements the whole to be for that one And I direct that the foregoing bequests are in such case to be in addition to any money due or accruing by me to any of the said legatees
  4. I devise and bequeath all my real and personal estate not hereby otherwise disposed of (including all property whether real or personal over which I may have any general power of appointment or disposition by Will)  unto my trustees Upon trust that my trustees shall sell call in and convert into money the same and shall out of the moneys arising thereby or otherwise forming part of my 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 payment of any annuities as bequeathed and all duties free from which any legacies or annuities may be bequeathed and shall invest the residue of such moneys which residuary moneys and the investments from time to time representing the same are hereinafter together referred to as "my residuary estate"
  5. My trustees shall divide my residuary estate into eight equal shares to be appropriated as follows that is to say (a) as to two thereof for Rosane Ebstein of 97 Boulevard Magenta Paris my nice (b) As to two thereof for Maurice Ebstein of 37 Fasbourg Saint Jaureo Montpelliar France my nephew (c) as to two thereof for Robert Sigimund Kisfo of 22 Avenes Jules Janis Paris my nephew (d) as to one thereof for Renee Etavaseu of 31 Ras Gunderset Paris my niece and (e) as to one thereof for Edgar Goldsmith of 192 Boulevard Murat Paris my nephew and I declare that no benefit which before or after the date of this my will I shall have given to or provided for any person taking any interest in any of the said shares shall be brought into interest? or otherwise ??? for.
  6. Freyland? reuse? that all property in this my will ???? ???? or so ????? to any nephew or niece of mine (hereinafter in this clause referred to as "the beneficiary") and all property added thereto under the provisions of this my will shall (subject to the provisions hereinafter in this clause contained) be held upon the trusts following namely (1) In trust for the beneficiary absolutely but only if he or she survive me (2) Subject thereto in trust (a) As to equal one half part thereof and all the accretions on such equal one half part for the spouse of the beneficiary absolutely but only if such spouse survives me (b) as to the other equal one half part thereof and all the accretions on such equal one half part for all of any of the children or child of the beneficiary who shall be living at my decease and if more than one in equal shares (c) Subject as aforesaid each equal one half part and all accretions thereon shall be added to the other (3) Subject as hereinbefore declared the shares or share of the beneficiary shall be added to the remaining shares and shall for all purposes form part thereof Provided also that if both the said Susanne Ebstein and Maurice Ebstein shall die in my lifetime one equal half part of the annual income from the shares directed to be appropriated to them and all accretions thereon shall be paid to their father Gabriel Ebstein during his life and provided lastly that if the said Robert Sigismund Kiefe shall die in my lifetime and his parents or either of them shall survive me then the shares directed to be appropriated to the said Robert Sigismund Kiefe all accretions thereof shall be held in trust for such of the said parents as shall survive me absolutely and if both survived me for them in equal shares.
  7. So long as my trustees deem proper they may (without being responsible for less) postpone the sale calling in and conversion of all or any of the property heretofore given Upon trust for conversion and (by way of further postponement of but without further perjudices to the foregoing trust for conversion) retain as if the same were an authorised investment any property hereby disposed of whether the same be in fact an authorised investment under this my will or not and whether producing income or not and they shall not sell any reversionary property unless they see special reason therefor and the net income of any property (howsoever invested and of whatsoever description remaining unconverted shall as from my death be applicable as income and no reversionary or other property not actually producing income shall be treated as producing or entitling anyone to receipt of income.
  8. Forms 1 5 and 6 contained in part 1 of the Statutory Will Forms 1925 shall be incorporated in my will.
  9. Money liable to be invested under this my will or any codicil hereto may as long as the said Charles Wilmere or Ernest Wilmere shall be a Trustee thereof be invested in any money that the said Charles or Ernest Wilmere in the case may be shall approve whether the same be or be not for the time being authorised by law for the investment of trust mortgage? and after the ??? of each one of the said Charles or Ernest Wilmere to shall be (TRANSCRIBER NOTE: CANNOT READ THIS SENTENCE)
    investment of past moneys.
  10. My trustees shall have the following powers namely (a) Power to appoint to and carry into effect any others or arrangement for the release or variation of all or any rights privileges or liabilities attached to my stocks shares debentures or debenture stock or for the increase or reduction of the capital of any company or for the reconstruction of any company or for the amalgamation of any company with any other company and generally to make such arrangements on the reconstruction or winding up of any company as they may think fit (b) Power to subscribe for or accept or refuse the transfer or allotment to themselves and to hold on an authorised investment hereunder any shares stocks debentures or debenture stock or other investments of whatever nature for which a preferential right or option of subscription shall be exercisable by or which may at any time be transferable or allot able to my trustees and to sell the benefit of any allotment letter trusting the proceeds of any such sale of capital (c) Power to pay out of capital any calls or other moneys that may become payable in respect of any stocks shares debentures or debenture stock.
  11. The winding up of my interests in the said business of Leopold Goldsmith and Co. shall be left entirely to the said Charles Wilmere who as my business executor without any interference or control of any sort by the said Robert Ephraim Norton shall whilst my Business Executor and failing him my Executors or Executor for the time being shall have in respect of the said business the following powers namely (a) In this clause the express "my business executor" shall mean the said Charles Wilmere whilst an executor hereof and subject thereto shall mean my executors or executor for the time being (b) Power to sell or dispose of the whole or any part of such business or any interest therein to any person or persons or corporation for such price or sum as my Business Executor in his uncontrolled discretion may think fit (c) Power to wind up such business or to determine by interest therein or connected therewith and for that or any other purpose whatsoever to make arrangements and compromises with debtors or creditors or other contracting or liable parties and settle any accounts and accept any balance sheet or statement of account with or without the production of vouchers or other evidence and accept to pay or allow any agreed or estimated sum in satisfaction of any rights or liabilities and to leave to any agent partner or other person or persons the collection of any outstanding debts and to ascertain all or any part of the amount of any interest of mine or of my Business Executor or of any other person or persons either by valuation or according to the terms of any subsisting articles of partnership or on such other terms and in such manner generally as my Business Executor may think fit (d) Power to allow all or any moneys payable (by way of purchase money or under any articles of partnership or otherwise) by any persons or person or company to remain as loan for such time under such conditions upon such security (whether personal or otherwise) and at such rate of interest whether fixed or varying with the profits as my business executor may think fit and wholly or partially to renew or continue such loan or alter the terms thereof (e) Power generally to act in relation to my business or my interest therein with the same powers and discretions as if he were absolute trustee of such expenses? or interest without liability for any less accessioned by the addition of or the omission to exercise any power hereinto fore contained (f) Power to determine what allowances shall be made for depreciation and debts or otherwise and what moneys shall be considered as attributable to or payable out of income or capital and so that all profits (including interest on capital) and moneys attributable to income shall be dealt with as income of my residuary estate.
  12. In addition to the powers set forth in the last preceding clause the said Charles Wilmere shall as my Business Executor have power to allow my said business to be continued under the name of Leopold Goldsmith and Company and to transfer the goodwill thereof (including the use of the said name) without any payment being made therefor and notwithstanding that he may have a personal interest in so doing.
  13. The executors or executor or Trustees or Trustee hereof for the time being shall not be bound in any case to act personally but shall be at full liberty to employ a solicitor or any other agent to transact all or any business of whatsoever nature required to be done in the premised (including the receipt and payment of money) and shall be entitled to be allowed and paid all charges and expenses so incurred.
  14. My Trustees and each of them shall be respectively chargeable only for such moneys and securities as they shall respectively receive notwithstanding their respectively signing any receipt for the sake of conformity and shall respectively be answerable and responsible only for their own respective acts and receipts but not for the acts receipts omissions neglects and defaults of any other executor or trustee nor of any banker broker auctioneer or other person with whom or into whose hands any moneys or securities shall be deposited or come nor for any less occasioned by the employment of any such person nor for deficiency in value of any investments nor for any other lose nor for any bona fide mistake My trustees and agent of them may reimburse themselves or himself or pay and discharge out of the trust premises all expenses incurred in or about the execution of the said trusts or powers.
  15. Any Executor or Trustee for the time being hereunder being a solicitor or other person engaged in any profession or business shall be entitled to charge and be paid all usual professional or other charges for business done by him or his firm in the premises whether in the ordinary course of his profession or business or not and although not of a nature requiring the employment of a solicitor or other professional person

IN WITNESS WHEREOF I have hereunto set my hand this tenth day of December one thousand nine hundred and twenty six- LEOPOLD GOLDSMITH- SIGNED by the above named testator as and for 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 attesting witnesses - R. H. BEHREND 17 Surrey St W.C. 2 Solr - W.G. DARKIN Clerk to R.H. Behrend and Co of the same address-

NT THIS CODICIL to my will dated the tenth day of December one thousand nine hundred and twenty six I bequeath to Charles Wilmere such a sum as shall be equivalent to one equal half part of the next amount realized by my Executors from the sale of my stock Exchange Nomination This legacy is to be in addition to the other benefits conferred by my Will to the said Charles Wilmere IN all other respects I confirm my said will Dated this thirty first day of May one thousand nine hundred and twenty eight - LEOPOLD GOLDSMITH- SIGNED by Leopold Goldsmith as a codicil to his will 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- R.H. BEHREND 17 Surrey St W.C. 2 Solr- E. HINDS Clerk to R.H. Behrend and Co 17 Surrey Street W.C. 2 Solicitors-

Correct.

William F Lloyd

Registrar of the Supreme Court of Newfoundland

 

Written in the top right-hand margin on page 212:
Fiat
W. J. Higgins
Judge
July 25/30
Resealed
on the 25th
day of July
A.D. 1930
Value of Estate
$1143.67

 

 

Page Contributed by Judy Benson, Sheila Tiberio & Transcribed by Lenora Cooper

Page Revised by Ivy F. Benoit (Tuesday January 30, 2018)

Newfoundland's Grand Banks is a non-profit endeavor.
No part of this project may be reproduced in any form
for any purpose other than personal use.

JavaScript DHTML Menu Powered by Milonic

© Newfoundland's Grand Banks (1999-2023)

Hosted by
Chebucto Community Net

Your Community, Online!

Search through the whole site
[Recent] [Contacts] [Home]