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A Collection of Newfoundland Wills
(R)
Lydia Mary Rogers

 

Will of Lydia Mary Rogers from Newfoundland will books volume 15 pages 569-570 probate year 1932

IN RE          DECEASED.
Lydia Mary Rogers

I Lydia Mary Rogers care of Westminister Bank Limited 14 Sloane Square London S.W. 1. wife of Charles Gilbert Rogers Esquire Hereby revoke all testamentary instruments heretofore made by me and declare this to be my last will
I appoint my husband the said Charles Gilbert Rogers, Davis Francis Moore and Robert Nesbitt Keller of Number 46 Kildare Street, Dublin (hereinafter called "my trustees" to be the executors and trustees of this my will and I declare that all Trusts Powers and Authorities hereinafter or by law vested in my trustees shall devolve upon and be exercisable by the survivors or survivor of them and the Executor or administrator of such survivor or other the trustees or trustee for the time being of this my will I appoint my trustees to be trustees of this my will for all the purposes of The Settled Land Acts 1882 to 1900 and also for all the purposes of Section 42 of The Conveyancing and Law of Property Act 1881
I bequeath to the said Robert Nesbitt Keller the sum of one hundred pounds in case he shall act as an executor of this my will
I bequeath to my said husband the sum of five hundred pounds and all my personal and household effects save money and securities for money.
I devise and bequeath all my real estate of every tenure and all my personal estate and effects whatsoever and wheresoever not hereby otherwise disposed of (including as well real as personal estate over which I may have any general power of appointment or disposition by will) unto and to the use of my trustees their heirs Executors and Administrators according to the nature and tenure thereof Upon trust that my trustees shall sell call in collect and convert into money my said real and personal estate and premises at such time or times and in such manner as they shall think fit and so that they shall have the fullest power and discretion to postpone the sale calling in collection or conversion of the whole or any part or parts of the said premises during such period as they shall think proper or to retain the same for any part thereof in the form of investment in which they may find it without being in any way responsible for loss. And I declare that my Trustees shall out of the monies to arise from the sale calling in collection or conversion of or forming part of my residuary real and personal estate pay my funeral and testamentary expenses debts and the legacies by this my will or any codicil hereto bequeathed and all Crown Duties and shall invest the residue in the names of my trustees in nay of the Securities hereinafter - authorized and may vary and transfer such investments at their discretion and shall hold such investments and the income thereof (hereinafter referred to as "my residuary estate" upon the following trusts namely;-
To pay the income of my residuary estate to my said husband during his life and after the death of my said husband to divide my residuary into six equal shares and dispose of same as follows;-
Firstly, to divide three sixths in equal shares between the sons of my brother, John Dennington Wallis living at my death.
Secondly, to pay my sister, Esther Chambers during her life the income of two of the remaining three sixths
Thirdly, On the Death of my said sister to hand over to my nephew John Desmond Chambers one third of my said residuary estate.
Fourthly. On the death of my said sister to pay to my niece Margaret Esther Higdon during her life the income of one sixth of my said residuary estate.
Fifthly. On the death of my said niece to divide the said one-sixth in equal shares between the children of my said niece living at her death or to pay such share to the child of my said niece if there shall be only one then living.
Sixthly. If my said niece shall leave no child her surviving then the one-sixth share so settled on her to go to my said nephew John Desmond Chambers.
Seventhly. To hand over to my niece Maud Marigold Tomlinson the remaining one-sixth of my said residuary estate.
I direct that all legacies bequeathed by this my will or by any codicil hereto shall be paid free from Crown Duties as far as the legatees are concerned. I declare that any monies liable to be invested under this my will may be invested in or upon any trust Securities or any of the Public funds of Government Securities of any Colony or Dependency of the United Kingdom, or the Irish Free State, or any foreign Country or State, or upon freehold leasehold or chattel real Securities in England or Ireland, or in or upon the Stocks funds shares Debentures Mortgages or securities of any Corporation Body or Company in Great Britain or Ireland or any Colony or Dependency of Great Britain or any Foreign Country.
And I declare that every Executor or Trustee acting in relation to my estate or the trust property in any professional or business capacity shall in respect of acts so done (and without regard to the question - whether they strictly belong to such profession or business or are such as a trustee could do personally) be entitled to charge and be remunerated out of the trust property as a mortgage as a stranger and may instead of acting personally employ at the expense of my estate or the Trust property any professional or business person or other agent to transact any business receive pay or deliver any monies or securities or so anything in relation to my estate or the trust property without being answerable for loss arising thereby.
I would like to mention that I have dealt with my property according to what I believe to be the necessities of my nephews and nieces and I hope those who names have been omitted will recognize that the omission is not in any way owing to my affection for them being smaller than for those who are to benefit.
In witness whereof I have to this my Will set my hand this twenty fifth day of September One thousand nine hundred and twenty eight.

Lydia M. Rogers

Signed and acknowledged by the testatrix Lydia Mary Rogers as and for her last will and testament in the presence of us who in her presence and in the presence of each other have hereunto subscribed our names as Witnesses.

Witnesses.
Edwin Doyle
46 Kildare St. Dublin
Solrs. Assistant
Mr. J. Walsh
46 Kildare St. Dublin,
Solrs assistant

Correct
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the margin next to this will the following)
Fiat
J.M. Kent
Judge March 4/32
Resealed on
the 4th day of
March 1932
Value of Estate
$1591.88

 

 

Page Contributed by Sheila Tiberio, Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Monday April 27, 2020)

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