Will of John Horace Newton, from Newfoundland will books volume 15 pages 406 to 411 probate year 1931

IN RE.                              DECEASED

John Horace Newton.

I John Horace Newton of Trevose No 42 Church Road Wimbledon in the County of Surrey hereby revoke all testamentary dispositions heretofore made by me and declare this to be my last will.

1. I appoint Barclays Bank Limited (hereinafter called "the Bank") executor and trustee of this my will and I declare as follows:
   (a) The Bank may act by its proper officer or officers and employ and pay any agent or agents to transact any business required to be done hereunder and shall be allowed and paid all charges and expenses incurred by it.
   (b) The Bank shall be entitled to remuneration (including the customary share of brokerage) in accordance with the Banks scales of fees or remuneration now in force such remuneration to be free from duties and deductions and to be paid or retained out of the capital or income of my estate or the appropriate part or parts thereof.
   (c) The Bank may act as banker and transact any banking or allied business on behalf of or in connection with my estate or the trusts hereof upon the same terms as would for the time being be made with an ordinary customer in the usual course of business and without being liable to account for any profit made thereby
   (d) I approve of the employment of Messrs Dixone Ward Umney and Burdon of 3-7 Southampton Street Strand London as Solicitors in connection with my estate but without prejudice to the right of the Bank in its discretion to employ any other solicitors.
2. I bequeath to my wife Margery free of duty;
   (a) All my personal chattels which expression shall have the meaning assigned to it by form 2 of part 1 of the Statutory Will forms 1925.
   (b) The sum of one thousand pounds to be paid to her immediately after my death and in priority to all other legacies and annuities hereby or by any Codicil hereto bequeathed.
3. I bequeath free of duty the following legacies;
   (a) The sum of one hundred pounds to Charlotte Godfrey of 26 Belvedere Cottage Church Road Wimbledon in recognition of her always willing services.
   (b) The sum of two hundred pounds to my Chauffeur Harry Albert Wilson if he shall be in my service at the time of my death and shall not at that date be under notice to leave either given or received.
   (c) To each of my indoor servants whether in receipt of daily weekly monthly or yearly wages who shall be in my service at my death and shall not at that date be under notice to leave either given or received and who shall have been in my services for not less than two years one years wages at the rate at which they are respectively being paid at my death and in addition to any wages then due.
4. I bequeath free of duty the following annuities (namely);
   (a) To my son Horace Cecil Newton during his life the sum of Four hundred pounds per annum
   (b) To my sister Agnes Elizabeth Ash during her life and after her death to her husband Frederick Edward Ash during his life the sum of two hundred and fifty pounds per annum.
   (c) To my sister Evelyn Harriet Newton during her life such a sum as after deduction of income tax shall amount to Three hundred pounds per annum.
   (d) To my sister in law Elizabeth Mary Cole the wife of George William Newton Cole during her life such a sum as after deduction of income tax shall amount to one hundred and fifty pounds per annum.
   (2) I direct that each of the said annuities shall commence from my death and shall be considered as accruing from day to day but shall be paid by equal quarterly payments the first of such payments to be made at the end of three months after my death.
5. (1) I devise and bequeath all the real and personal estate not hereby or by any codicil hereto otherwise specifically disposed of and which I can dispose of by will in any manner I think proper either as beneficially entitled thereto or under any general power including the statutory power to dispose of entailed property unto the Bank upon trust that the Bank shall sell the said real estate (including chattels real) and call in sell and convert into money such part of my personal estate as does not consist of money with power to postpone such sale and conversion during such period as the Bank without being liable to account shall think proper and so that;
   (a) my residence "Trevose" Church Road Wimbledon or any other house in which I reside at my death and of which I die possessed be not sold during the lifetime of my wife without her written consent.
   (b) any reversionary interest be not sold until it falls into possession unless the Bank see special reason for sale.
   (2) The income of my personal estate however invested shall from my death be treated and applied as income and no part thereof shall be added to capital (except accumulations of surplus income if any) during a minority
   (3) The Bank in its discretion adjust in such manner as it thinks fit having regard to the circumstances of the case the incidence as between capital and income of the payments made in due course of administration.
6. (1) The Bank shall out of the money to arise from the sale and conversion of my said real and personal estate and out of my ready money pay my funeral and testamentary expenses death duties payable out of capital on my death and not charged on or primarily payable out of other property and my debts and shall also pay or provide for the legacies and annuities hereby or by any codicil hereto bequeathed but so that all legacies and annuities and the duty on all legatees and annuities bequeathed free of duty shall be paid primarily out of my personal estate.
   (2) The Bank shall invest the residue of the said money in its name or under its control in or upon any of the investments hereby authorised with power for the Bank at its discretion to change such investments for others of a like nature.
7. (1) The Bank shall stand possessed of the investments hereinbefore directed to be made or authorised to be retained (including any part of my residuary estate remaining unconverted) and the investments for the time being representing the same (hereinafter called "the trust fund") and the annual income thereof:
   Upon the trusts following that is to say:
   (2) Upon trust to pay the said income to my wife during her life without power of anticipation during any coverture And after her death upon trust to pay the said income to my said son Horace Cecil Newton during his life and after his death upon trust to pay the said income to any wife of my said son who shall survive him for her life without power of anticipation during any coverture.
8. (1) After the determination of the trusts hereinbefore declared and in the meantime subject thereto the capital and income of the trust fund shall be held in trust for all or any one or more exclusively of the others or other of the children or remoter issue of my said son born in his lifetime or after his death within the period of gestation at such time and if more than one in such shares with such provisions for maintenance education advancement and otherwise at the discretion of any persons and with such gifts ever and generally in such manner for the benefit of such issue or some or one of them as my said son shall be deed revocable or irrevocable or by will or codicil appoint And in default of and until and subject to any such appointment in trust for all or any the children or child of my said son living at the death of my said son (or who shall be born after his death within the period of gestation) who attain the age of twenty one years And for all or any the issue living at the death of my son who attain the age of twenty one years of any child of my said son who dies in the lifetime of my said son leaving issue living at the death of my said son such issue to take through all degrees according to their stocks in equal shares the share or shares which their parent would have taken if living at the death of my said son and having then attained a vested interest and so that no issue shall take whose parent is living at the death of my said son and capable of taking
   (2) The statutory advancement clause shall apply for the benefit of my said son's children and more remote issue.
9. So long as my said residence Trevose (or any other house in which I reside at my death and which is then my property) remains unsold the Bank shall permit my wife to occupy the same with the appurtenances she keeping such residence in repair and insuring the same from loss or damage by fire and also paying the taxes and outgoings affecting the same.
10. I declare that if at any time during the life of my wife the net income of the trust fund shall fall below two thousand six hundred pounds per annum then the annuities hereinbefore or by any codicil hereto bequeathed shall abate (proportionately inter so) to such extent as and during such a period as may be necessary to insure that the residuary income of the trust fund to which my wife is entitled hereunder during her life shall not fall below the sum of one thousand five hundred pounds in any one year exclusive of the value or estimated value of the residence in which she lives under the direction hereinbefore contained.
11. Moneys liable to be invested under the trusts of my will may be invested:
    (1) In or on any investments for the time being authorised as investments for trust money or
    (2) In or on any investments or securities in which my residuary estate or any part thereof is invested at my death.
    (3) In the purchase of any freehold or leasehold property as a residence for my wife in the event of my house "Trevose" or any other house in which I reside at my death being sold in her lifetime when she shall be allowed to occupy upon the same terms as are herein declared concerning my house "Trevose"
12. Notwithstanding the trusts hereinbefore declared I authorised the Bank during the life of my wife and with her written consent to raise any sum or sums not exceeding in the whole the sum of five thousand pounds out of the capital of the trust fund and to pay the same to my said son for his own use and benefit absolutely and after the death of my wife I authorise the Bank on the request in writing of my said son to raise further sum or sums as together with any sums which may have been raised hereunder during the life of my wife shall amount to ten thousand pounds and to pay the same to my said son for his own use and benefit absolutely.

IN WITNESS whereof I have to this and to the three preceding sheets of paper set my hand this twenty ninth day of August one thousand nine hundred and twenty nine.

J.H. Newton.

SIGNED by the said John Horace Newton 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. The addition of paragraph (3) in clause 11 on page 3 having been first inserted
W.E. Ward     Solr       3-7 Southampton St.     Strand U.C. 2
K.B. Allman Ward     Schoolmistress     51 Lambton D.     Wimbledon S.W.

I, John Horace Newton of Trevose Number 42 Church Road Wimbledon in the County of Surrey Declare this to be a first Codicil to my will which will bears date the twenty ninth day of August one thousand nine hundred and twenty nine

1. Whereas by my said will I have bequeathed various legacies and annuities and by reason of the present financial difficulties and depression and the consequent depreciation which has taken place in the value of investments I find it necessary to make some alterations in the said legacies and annuities so bequeathed by me Now therefore I made the following alterations in my said will
2. I bequeath to my wife Margery free of duty a sum of two thousand pounds in substitution for the sum of one thousand pounds left to her by Clause 2(b) of my said will and I declare that such clause in my said will shall be read as if the sum of two thousand pounds had been therein mentioned instead of the sum of one thousand pounds
3. I bequeath to Charlotte Godfrey mentioned in Clause 3(a) of my said will the sum of Fifty pounds free of duty in place of the sum of one hundred pounds named in such clause.
4. I bequeath to my Chauffeur Harry Albert Wilson mentioned in Clause 3(b) of my said will the sum of one hundred and fifty pounds free of duty in place of the sum of two hundred pounds named in such clause and upon the same terms and conditions as therein set forth.
5. In lieu of the provisions in clause 3(c) of my said will for payment to my indoor servants of a years wages which I now revoke I bequeath to each of my indoor servants who shall be in my service at my death and shall not at that date be under notice to leave either given or received and who shall have been in my service for not less than two years the sum of twenty five pounds free of duty in addition to any wages then due to them.
6. In lieu of the annuity of two hundred and fifty pounds bequeathed by paragraph 4(b) of my said will to my sister Agnes Elizabeth Ash and her husband Frederick Edward Ash which I hereby revoke I bequeath free of duty to my said sister Agnes Elizabeth Ash during her life and after her death to her husband Frederick Edward Ash during his life the sum of one hundred and fifty pounds per annum as long as my wife shall live and from and after the decease of my said wife the same shall be increased to the sum of two hundred pounds per annum.
7. In lieu of the annuity of three hundred pounds bequeathed by paragraph 4(c) of my said will to my sister Evelyn Harriet Newton which I hereby revoke I bequeath free of duty to my said sister Evelyn Harriet Newton during her life such a sum as after deduction of income tax shall amount to two hundred pounds per annum so long as my wife shall live and from and after the decease of my said wife the same shall be increased to the sum of Three hundred pounds per annum.
8. I revoke the bequest of the annuity of one hundred and fifty pounds per annum to my sister in law Elizabeth Mary Cole contained in Paragraph 4(d) of my said will.
9. I declare that owing to the alterations made by this codicil in the amounts of the annuities bequeathed by me which annuities during the lifetime of my wife will now amount in all to a total sum of seven hundred and fifty pounds per annum in place of a total sum of one thousand one hundred pounds as previously bequeathed by my will Clause 10 of my will shall be read as if the sum of Two thousand two hundred and fifty pounds had been substituted for the sum of two thousand six hundred pounds therein mentioned and such clause providing that the residuary income of the trust fund to which my wife is entitled thereunder during her life shall not fall below the sum of one thousand five hundred pounds in any one year exclusive of the value or estimated value of the residence in which she lives under the direction therein contained shall remain in full force and effect.
10. In all other respects I confirm the provisions contained in my said will.

In witness whereof I have hereunto set my hand this Eighteenth day of October one thousand nine hundred and thirty.

John Horace Newton

SIGNED by the said John Horace Newton as a first 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

W.E. Ward     Solr.     3-7 Southampton St.    Strand W.C. 2
J.M. Young    25 Cartwright Cust W.C.         Trained Nurse

Correct.

William F. Lloyd
Registrar of the Supreme Court of Newfoundland

Written in the top right-hand margin:
Fiat
May 14/31
J.M. Kent
Judge
Resealed
on the 14^th
day of May
A.D. 1931
Value of Estate
$3790.00