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A Collection of Newfoundland Wills
(L)
John Herbert Bowes Lyon

 

Will of John Herbert Bowes Lyon, from Newfoundland will books volume 15 pages 327 to 329 probate year 1930

IN RE.                         DECEASED

John Herbert Bowes Lyon.

I, The Honourable John Herbert Bowes Lyon of No 36 Garson Street Mayfair London S.W. and of No 43 Bishopagate E.C. 2 declare this to be my will I appoint my wife Fenella my brother The Honourable David Bowes Lyon and the Royal Exchange Assurance of the Royal Exchange London E. C. 3 Executors and trustees hereof and also trustees for the purposes of the Settled Land Act 1925 and they or other the trustees or trustee for the time being of this my will are hereinafter called "my trustees" I devise all my real estate in the Parishes of St Pauls Walden Langley and Knebworth in the County of Hartford and any other farms lands or hereditaments held therewith as part of my St Pauls Walden Estate (hereinafter referred to as my St Pauls Walden Estate) to my trustees before named Upon trust to sell the same as and when they shall think fit with power to postpone such sale for such time as they think fit and until such sale my trustees may lease or manage the same with all the powers of absolute owners and my trustees shall hold my St Pauls Walden Estate or the proceeds of sale of the whole or any part thereof and the investments representing the same upon trust to pay the net rents or income thereof to my daughter Anne Ferelith Bowes Lyon during her life and after her death my trustees shall stand possessed of the said estate and the proceeds of sale thereof and any investments representing the same and the income thereof upon trust for such of her child children or remoter issue at such ages or times or age or time (not being earlier as to any object of this power than his or her age of twenty one years or day of marriage) and if more than one in such shares as my said daughter Anne Ferelith shall by any deed or deeds with or without power or revocation or by will or codicil appoint and in default of any such appointment and so far as any such appointment shall not extend in trust for all the children of my daughter Anne Ferelith who being sons shall attain the age of twenty one years or being daughters shall attain that age or marry under that age in equal shares and if there shall be but one such child then the whole to be in trust for that one child No child who or any of whose issue shall take any part of the estate under any such appointment by my daughter Anne Ferelith as aforesaid shall be entitled to any share of the unappointed part of the same without bringing the share or shares appointed to him or her or to his or her issue into hotchpotch and accounting for the same accordingly unless my daughter Anne Ferelith shall thereby direct to the contrary And after the death of my daughter Anne Ferelith and if no issue of hers shall have obtained or shall thereafter obtain a vested interest in the said estate or the proceeds of sale thereof then my trustees shall stand possessed of the same for my third daughter Diana Cinderella for life and after her death for her issue upon like trusts in all respects with those hereinbefore declared in favour of my daughter Anne Ferelith and her issue And after the death of my daughter Diana Cinderella and if no issue of hers shall have obtained or shall thereafter obtain a vested interest in the said estate or the proceeds of sale thereof then my trustees shall stand possessed of the same for my fourth daughter Catherine for life and after her death for her issue upon like trusts in all respects with those hereinbefore declared in favour of my daughters Anne Ferelith and Diana Cinderella and their respective issue I direct that my trustees shall pay off and discharge out of my residuary estate any mortgage or mortgages which at my death may be outstanding and charged upon the whole or any part of my St Pauls Walden Estate my intention being that the person who shall under the provisions hereof become entitled to the said estate either for life or absolutely shall be entitled thereto free of incumbrances I give devise and bequeath all the residue of my estate property and effects whatsoever and wheresoever not hereinbefore disposed of to my trustees Upon trust for my wife Fenella Bowes Lyon absolutely I declare that all monies liable to be invested under this my will or any codicil hereto may in addition to the ordinary modes of investment for the time being authorised by law for the investment of trust funds be invested in any of the following investments namely (1) Any stocks or securities of the Government of the United Kingdom or of India or of any British Dominion Colony or Dependency or of any foreign state (2) Any stocks or securities of any provincial or Local government or of any municipality or any public body whatsoever within the United Kingdom or India or any British Dominion Colony or Dependency or any foreign state (3) Any debenture stock or other securities and any stocks or shares whether ordinary or otherwise of any company having limited liability and incorporated either under the Companies Acts or otherwise and either in the United Kingdom or in India or in any British Dominion Colony or Dependency or in the United States of America and wherever it carries on business (4) Any mortgage on real heritable or leasehold property in the United Kingdom including registered charges under any acts related to Land Transfer (5) Any security upon a life interest in any real or personal property together with an insurance on the life (6) For temporary purposes on deposit account with any joint stock bank (7) In any other mode of investment for the time being authorised by law for the investment of such money and my trustees may from time to time vary investments And any such investments as aforesaid may be either wholly or partly paid up and may be payable to bearer My trustees may from time to time appropriate at their discretion any parts of my estate in or towards satisfaction of or for recurring any legacy or share of residue (whether the same is at the time of appropriation vested or contingent and whether given to an infant or not) or for securing any annuity bequeathed by me and may for that purpose determine as they shall think fit the value of any part of my estate And every such appropriation shall be binding on every beneficiary under my will And after any such appropriation the property so appropriated shall alone be liable to the payment of such annuity or legacy in exoneration of the rest of my estate The Royal Exchange assurance shall be entitled while so acting to remuneration for its services (free from death duties) according to its scale in force at the time of entry on its duties in addition to reimbursement of outlays and interest thereon at five per cent per annum and any expenses incurred in the employment of solicitors brokers and other agents and may also retain any allowances and returns of commission made by bankers brokers or other agents It may also transact in its own office any business which by its constitution it is authorised to undertake and which may be necessary for and in the interest of the trust estate and may retain for its own use and benefits accruing there from All death duties payable on my death in respect of my estate or any parts thereof including my St Pauls Walden Estate or in respect of any gifts made by me in my lifetime shall be borne by any residuary estate And I revoke all former wills AS WITNESS my hand this twenty eight day of March one thousand nine hundred and twenty seven
JOHN H B LYON - Signed by the said John Herbert Bowes Lyon as his will in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses
E Little 43 Bishopagate E. C. 2 Clerk to Rowe and Pitman
Francis P Miller 43 Bishopagate E.C. 2 Clerk to Rowe and Pitman.

Correct.

William F. Lloyd
Registrar of the Supreme Court of Newfoundland

Written in the top right-hand margin:
Fiat
W.J. Higgins
Judge
Dec 10/30
Resealed on the
10th December
A.D. 1930
Value of Estate
$2725.33

 

 

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

Page Revised by Ivy F. Benoit ( Sunday July 14, 2019 )

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