Will of Richard Tilden Smith, from Newfoundland will books volume 15 pages 298-316 probate year 1930

RICHARD TILDEN SMITH

I, RICHARD TILDEN SMITH of Adelaide House King William Street in the city of London Esquire hereby revoke all wills and testamentary dispositions made by me and declare this to be my last will.

1. I appoint my friends John Manger Falls of Union Court Old Broad Street in the city of London Consulting Accountant and Frank Charles Haley of Adelaide House aforesaid and my daughters Florrie Edridge (wife of Thomas Richard Edridge) and Maggie Scott Tilden Smith to be the EXECUTORS and TRUSTEES of this my will and I declare that in this my will the expression "my trustees" means the said John Manger Falls Frank Charles Haley Florrie Edridge and Maggie Scott Tilden and the survivors or survivor of them or other the trustees or trustee for the time being hereof.

2. I appoint Coutts and Company (hereinafter called "the bank") to be Custodian Trustee of this my will under and in accordance with the provisions of section 4 of the Public Trustee Act 1906 provided always and I declare as follows:-
   (i) The Bank as Custodian Trustee may act by any officer or officers or nominee or nominees but so that the bank shall in each case be and remain responsible for his or their acts and defaults
   (ii) The Bank as Custodian Trustee shall be entitled to be remunerated out of the trust property in accordance with the Banks scale of charges or fees for the time being in force but not exceeding those for the time being charge sole by law by the Public Trustees as Custodian Trustee and such remuneration shall free from all death duties and from all deductions and shall be in addition to any charges or expenses properly incurred by the Bank as Custodian Trustee.
   (iii) The Bank (notwithstanding the Bank's Custodian Trusteeship) my act as Banker and transact any banking business on behalf of my Trustees or in connection with the administration of my estate or the trusts of this my will or any codicil hereto without being liable to account for any profit thereby made
   (iv) My trustees not being less than two in number may at any time by deed remove the bank from being Custodian Trustee of this my will and thereupon the Banks Custodian Trusteeship hereof shall forthwith terminate accordingly.
   (v) All the legacies (whether specific or residuary) annuities gifts and benefits given by this my will or any special ??? are given and shall be free from all fees charges expenses and remuneration of the bank as Custodian Trustees and the same fees charges expenses and remuneration shall be borne and payable exclusively by and out of my residuary estate or the income thereof
   (vi) My trustees in their absolute discretion may retain vested in themselves any ??? vessels property or any chattels for the time being subject to the trusts of this my will or any codicil hereto and shall not be bound to transfer the same to the Bank as Custodian trustee.

3. I direct that all estate legacy succession and other death duties which shall be payable upon or by reason of my death in respect of my estate or of any legacy bequest annuity or benefit given bequeathed or provided for by this my will or any codicil hereto (including all duties so payable in respect of the fund of Two hundred thousand pounds hereinafter mentioned but excepting all other duties so payable in respect of any share or interest in my residuary trust estate as hereinafter defined which but for this direction would be payable out of such share or interest all which last mentioned duties are to be borne and paid by and out of the share of interest in respect of which the same are payable) shall be borne and paid by and out of my residuary trust estate (other than the said fund of two hundred thousand pounds) in complete remuneration of every such legacy bequest annuity or benefit.

4. I bequeath to my wife absolutely (or if she shall predecease me then to such of then my four daughters as shall survive me and if more than one in equal shares) all my wearing apparel watches jewels trinkets and articles of personal use or ornament and all my furniture plate plated articles linen games china books (except books of account) manuscripts pictures prints statuary musical instruments articles of verse and other articles of domestic or household use or ornament and all my wines liquors and consumable stores and all my motor cars and motor car accessories carriages horses harness saddlery and stabs and garage furniture and utensils and all my plants and garden tools implements and utensils.

5. I give to my wife absolutely the dwelling house and premises in which I shall reside at the time of my death for all my estate and interest therein but subject (in the case of a leasehold house) to the rents covenants and conditions reserved by and contained in the lease or leases under which the same may be held.

6. I authorise my trustees to pay to my wife from time to time during her life out of the income of my residuary estate such annual or other periodical sum or sums (if any) as they may from time to time think proper.

7. I invoke the following provisions for the remuneration of expenses of this my will that is to say:-
   (1) I bequeath (subject as hereinafter provided) to each of them the said John Manger Falls Frank Charles Haley Florrie Edridge and Maggie Scott Tilden Smith who shall accept the offices of an executor and a trustee of this my will an annuity of two hundred and fifty pounds for as long as he or she shall continue to be a trustee hereof every such annuity to commence from my death.
   (2) I authorise my trustees (subject as hereinafter provided) upon any appointment of any new trustee hereof (not being a corporation) to appoint to such new trustee for so long as he or she shall continue to be a trustee hereof an annuity of any amount not exceeding two hundred and fifty pounds to commence from the date of his or her appointment as a trustee hereof or (as the case may be) as to the whole or any part of such annuity from the date when having regard to the annuities bequeathed by sub-clause (1) of this clause and to any annuity or annuities previously appointed under this present sub-clause the same can be paid without infringing the provision contained in sub-clause (4) of this clause
   (3) All the aforesaid annuities shall be paid by equal quarterly payments on the usual quarter days in every year.
   (4) Provided always that the total amount to be paid in respect of such annuities as aforesaid (including the annuities hereinbefore bequeathed by sub-clause (1) of this clause) shall not exceed one thousand pounds in any one year but for the purpose of this provision the remuneration payable to the Bank as Custodian Trustee shall not be taken into account.
   (5) Provided also that after the expiration of three years from my death as well the annuities hereinbefore bequeathed as also any annuities theretofore or thereafter appointed under the power in that behalf hereinbefore contained shall continue for so long only as a majority of my trustees shall consider advisable in the interests of my estate.

8. I devise and bequeath all my real and the residue of my personal estate (including all property real or personal over which I may at my death have any general testamentary power of appointment to my trustees upon trust that my trustees shall (subject as hereinafter provided) sell call in and convert into money such parts thereof as is shall not consist of money as such time or times and in such manner as they shall think fit but as to any ??? property that until the same shall fall into possession unless my trustees shall for any reason consider an earlier sale thereby ???

9. Provided always and I declare that:-
   (1) My trustees may postpone for such period as they in their absolute discretion shall think fit the sale calling in and conversion of the whole or any part or parts of my said real and personal estate including property of a determinable wasting speculative or hasardous nature.
   (2) All the net rents profits and income (including all rents interest dividends and income which whether accrued before the date of my death or not shall not have become payable before the date of my death) arising from my estate real or personal until the sale calling in and conversion thereof in whatsoever condition or state of investment the same may be and whether consisting of investments of an authorised character or not and including leaseholds and other property of a terminable or wasting nature shall for all the purposes of this my will and as between all persons interested hereunder and as well during the first year after my death as afterwards be applied as if the same were income arising from the proceeds of such sale calling in or conversion or from the investments of such proceeds and be part of the said rents profits and income shall be liable to be retained as capital but no reversion or other property not actually producing income shall be treated as producing income for the purposes of this my will and on such sale calling in and conversion or on the falling in of any reversionary property no part of the proceeds of such sale calling in and conversion of the property so falling in shall be liable to be applied as past income
   (3) The whole of any rents dividends interest and income accrued or accruing at but not payable till after the death of any person for the time being beneficially entitled to or interested in the income of any share or part of my residuary trust estate under the trusts hereinafter declared shall as between the legal personal representatives of such person on the one hand and the person or persons beneficially entitled to or interested in such share or part after such death on the other hand be applicable as income of my residuary trust estate arising after such death and shall not be subject to any apportionment in favour of such legal personal representatives.
   4. Notwithstanding any rule of law or equity to the contrary my funeral and testamentary expenses and debts (including any interest on such debts which may have accrued at the date of my death) and all instalments on account of any principal money payable part of my estate shall be between the persons entitled in possession and reversion respectively to my residuary estate or the proceeds thereof or any part thereof under the ???? hereinafter declared be charged to and payable out of capital exclusively and all interest on such debts and all annuities and other periodical payments payable out of my estate (not being instalments of principal money) shall be charged to and payable out of the income exclusively.

10.  I direct that subject to and after payment of my debts funeral and testamentary expenses legacies and annuities and the duties hereinbefore directed to be paid out of my residuary trust estate and the duty on any legacy or annuity by any codicil hereto bequeathed free of duty my trustees (or the Bank as Custodian Trustee) shall stand possessed of the moneys to arise from the sale calling in and conversion of or forming part of my residuary real and personal estate and of the investments from time to time representing the same (all which moneys and investments are herein referred to as my residuary trust estate) and of the income thereof Upon trust to invest the said moneys in their names or under their control in manner herein after authorised with power for my trustees (subject to the provisions as to investments hereinafter contained) to transpose and vary such investments at their discretion and subject as aforesaid as to the capital and income respectively of my residuary trust estate upon the trusts and with and subject to the powers and provisions hereinafter declared and contained of and concerning the same respectively.

11.  I authorise my trustees during such period as any part of the capital of my residuary trust estate shall not have become absolutely vested in possession in any beneficiary at their absolute discretion to apply such part as they shall think fit (not exceeding one tenth part) of the income of so much of my residuary trust estate as shall from time to time and for the time being not have so become absolutely vested in possession in or towards the establishment endowment maintenance or support of or in making contributions or subscriptions to any charity or charities or charitable institution or institutions for the relief of poor children or cripples or the provision of nursing for the sick poor or the relief of destituted persons who are or have been engaged in the profession or calling of a trained nurse and in particular (but without limiting the generality of the foregoing power) in maintaining or supporting or subscribing or contributing to any charity of any of the kinds aforesaid which I may establish in my lifetime and so that my trustees shall have an absolute and uncontrolled discretion as to the manner of exercising this present ???? and in the retention of the particular charities or charitable institutions of any of the kinds aforesaid to benefit the reader(?).

12.  Subject as aforesaid my trustees shall:-
    (1) Out of my residuary trust estate and as a first charge thereon in the first place raise or appropriate and retain upon the trusts hereinafter declared a fund of Two hundred thousand pounds in investments or property of the value of Two hundred thousand pounds (hereinafter called the said fund of two hundred thousand pounds) and (2) Stand possessed of the said fund of Two hundred thousand pounds and also of two equal third parts of the balance of my residuary trust estate remaining after providing the said fund of two hundred thousand pounds upon trust (subject as hereinafter provided) for all or any my children or child living at my death and the issue then living of any child or children of mine who may have died or may hereafter die in my lifetime and if more than one in equal shares except that the share of my daughter the said Florrie Edridge (or her issue taking by substitution) shall be double in value the share of any other child of mine (or his or her issue taking by substitution) and (3) Stand possessed of the remaining one equal third part of the said balance of my residuary trust estate Upon trust for my Brothers and sisters living at my death and the issue then living of any then deceased Brother or sister of mine in equal shares subject as hereinafter provided.

13. Provided always and I declare that:-
    (1) The issue (if any) living at my death of any Brother or sister of mine who may die in my lifetime shall (subject as hereinafter provided) take and if more than one in equal shares per stirpes the share which such deceased Brother or sister would have taken under the foregoing trusts if he or she had survived me and such share had not been settled and
    (2) The issue (if any) living at my death of any child of mine who may have died or may hereafter die in my lifetime shall be subject as hereinafter provided take and if more than one in equal shares per stirpes the same share in my residuary trust estate (including the said fund of Two hundred thousand pounds) as such child would have taken if he or she had survived me and such share or shares had not been settled.

14. Provided always and I direct that the share or shares of each beneficiary under the foregoing trusts and provisions shall not vest absolutely in the beneficiary who would not for this present provision be entitled by my trustees and held upon and subject to the following trusts and provisions that is to say:-
    (1) My trustees shall (subject as hereinafter provided) pay the income of such share or shares (or of such part of the said share or shares as shall not have been raised under any power of advancing capital hereinafter contained) to such beneficiary (without power of anticipation if a female) during his or her life unless or until some act or event (other than the exercise of any power hereinafter conferred on my trustees of advancing capital) shall have happened or shall happen either before or after my death whereby the said income or some part thereof if belonging absolutely to him or her would be or become vested in or charged in favour of some person or persons or a corporation and (2) From and after the failure or determination during the lifetime of such beneficiary of the foregoing trust in his or her favour my trustees shall during the remainder of his or her life pay or apply the whole or such part or parts as they in their absolute discretion shall think proper of the said income to or for the maintenance and support or otherwise for the benefit of all or any one or more exclusively of the others or other of the following persons namely such beneficiary and his or her wife or husband and issue (if any) or (if such beneficiary shall for the time being be unmarried or a widower or widow without living issue) such beneficiary and the person or persons who under the trusts hereinafter contained would for the time being be entitled to such share or shares or the income thereof if such beneficiary were then dead and had died intestate and subject to the foregoing discretionary trust or power my trustees shall during such remainder of the life of such beneficiary hold the said income upon the trusts upon which the same would for the time being be held if such beneficiary were then dead and had died intestate.
    (3) Provided always that if such beneficiary shall in the opinion of my trustees be or at any time become intemperate in the use of drugs or alcohol or other stimulants or guilty of any misconduct then and in every such case so long as in the opinion of my trustees such intemperance or other misconduct shall continue and for such further period (if any) as they in their absolute discretion shall think proper my trustees shall hold the said income as to Five hundred pounds per annum part thereof upon the trusts and with and subject to the powers and provisions which would under the provisions of the foregoing sub clause of this clause be applicable so the whole of the said income if such intemperance or other misconduct had not occurred and so to the residue thereof upon the trusts and with and subject to the powers and provisions which under the provisions of the foregoing sub clause of this clause would be applicable so the whole of the said income if such act or event as is anticipated in one clause (1) of this clause had happened.
    (4) Provided always that my trustees shall not be liable for paying the said income to such beneficiary or permission him or her to receive the same after the failure or determination during his or her life (whether as regards the whole or part of the said income) of the trust for payment thereof to him or her hereinafter contained until they shall have express notice of some act or event or conduct avoiding or determining or in spending such trust.
    5. Subject as is provided in sub-clause (7) of this clause and in clause 15 hereof my trustees shall from and after the death of such beneficiary stand possessed of such share or shares as to both the capital and future income thereof Upon Trust for all or any one of more exclusively of the others or other of the objects (as hereinafter defined) of this present power at such age or time or respective ages or times if more than one in such shares and with such future and other trusts for their benefit and such provisions for their respective advancement either in the lifetime or after the death of such beneficiary and maintenance and education at the discretion of my trustees or any other person or persons and in such manner in all respects (subject to the law relating to perpetuities) as such beneficiary shall by will or codicil appoint and in default of and subject to any such appointment in trust for all the issue (whether children or remoter issue) of such beneficiary living at the death of such beneficiary and not being descendants or a descendant of any other then living issue of such beneficiary in equal shares per stirpes the issue of any deceased child of such beneficiary taking through all generations equally between them the share only which their parent would have taken if living provided always that no issue of such beneficiary shall in default of appointment to the contrary take any part of such share under the last preceding trust without bringing into hotchpot every part (if any) appointed to him or her or his or her issue pursuant to the power in that behalf hereinbefore in this sub-clause contained and I declare that the objects of the power of appointment hereinbefore in this clause contained shall in the case of an appointment by any child or remoter issue of mine be and include as well the issue of the appointer and also all other issue (whether children or remoter issue) of mine and shall in the case of an appointment by my brother or sister of mine or by any issue of my brother or sister of mine so and include as well the issue of the appointer as also all other issue of my brothers and sisters respectively.
    (6) In case each beneficiary shall not leave any issue him or her surviving then subject and without prejudice so the trusts and powers aforesaid such share or shares shall from and after the death of such beneficiary go and accrue as follows that is to say:- if such beneficiary is a child or issue of mine such share or shares shall go and accrue by way of addition to all or any (if any) the other shares or share of my residuary estate whereof any child or issue of mine shall have been the original tenant for life under the trusts aforesaid and whereof the original tenant or tenants for life shall be living at the death of such beneficiary or shall have left issue then living and if more than one rateably in the proportions which such last mentioned shares bear to one another and so that every share or part of a share accruing under either of the foregoing provisions of this sub-clause shall be held upon the same trusts and with and subject to the same powers and provisions as are hereinbefore declared and contained by and concerning the share to which it accrues and so as to form part of such share.
    (7) Provided always and I declare that it shall be lawful for such beneficiary by deed executed prior to and in consideration of his or her marriage or by will or codicil to appoint to or for the benefit of any wife husband who may survive him or her an interest during the life of such surviving wife or husband or of any less period in the whole or any part of such share or shares and subject to any restrictions or conditions such beneficiary may think fit and so that any interest so appointed shall thus effect in priority to the trusts and provisions hereinbefore declared and contained to take effect as regards such share or shares after the death of such beneficiary.
    (8) Provided always and I declare that the provisions of sub-clause (3) of clause 9 hereof shall apply as regards income arising from all investments and property from time to time and for the time being representing my residuary trust estate or the said fund of two hundred thousand pounds or any share thereof respectively.

15.  Provided always and I declare that notwithstanding and in derogation of the foregoing trusts it shall be lawful for any trustees in their absolute and uncontrolled discretion at any time or times at the request of any child of mine who shall for the time being be the tenant for life under the foregoing trusts of any of the hereinbefore settled shares in respect of which the trusts declared by sub-clause (1) of clause 14 hereof shall not have failed or determined and the trust declared by sub-clause (3) of that clause shall not have become operative to raise out of the capital of the share or shares to the income of which such child is entitled and pay or transfer to such child for his or her own absolute use any sum or sums part or parts of such capital not exceeding in the aggregate one moiety of such capital.

16. I authorise my trustees for such period as they in their absolute and uncontrolled discretion may think fit to continue and carry on or prosecute or concur with any other party or parties interested therein in carrying on or prosecuting any business or undertaking or adventure of any kind which I may be carrying on either alone or jointly with any other party or parties or in which I may be engaged concerned or interested at my death and to retain and employ or invest in or in connection with any such business or undertaking or adventure the whole or any part of any capital of my estate which shall be employed or invested therein at my death and any such further part or parts of such capital as they may think fit and to employ in or for the purposes of or in connection with any such business or undertaking or adventure such managers agents clerks and other persons as they may think proper and to realise or dispose of any such business undertaking or adventure or of any share or interest therein to which they may from time to time be entitled as trustees of this my will in any manner and upon any terms they may think expedient and in particular (if they think proper) by the sale or transfer thereof to any company formed for that object or to any previously existing company and to accept as the whole or part of the consideration for any such sale or transfer to any company shares debentures or other obligations or interests in such company or in any other company or concern or any real or personal property of any kind whether involving liability or not and to retain for so long as they shall think fit any shares debentures obligations interests and other property whether real or personal so acquired by them (whether of a kind hereinafter explained for the investment of trust moneys hereunder or not) and generally to act in relation to the carrying on management and conduct of every such business undertaking or adventure or the winding up realisation or disposal thereof as they in their absolute discretion shall think fit with all the like powers as if they were absolutely and beneficially entitled thereto or to by share or interest therein and without being answerable for any loss arising thereby and I further authorise my trustees to retain for so long as they shall think fit any shares or other interest of whatever nature to which at my death I may be entitled in any company concern or undertaking whatsoever in any part of the world and in particular and without prejudice to the generality of the foregoing provision I wish my trustees (unless they see good reason to the contrary) to retain my shares in London City Buildings Limited for at least seven years from my death and I authorise my trustees from time to time to acquire by purchase or otherwise such additional or further shares or other interests as they in their absolute discretion think fit in any such company concern or undertaking and also to form or promote or concur with any other party of parties in forming or promoting and subscribe for or acquire by purchase or otherwise shares debentures or other obligations of any class or kind in and advance money upon such terms as they may think proper and either with or without security to and finance or otherwise become interested in any companies or concerns formed for the purpose of purchasing acquiring or taking over or carrying on or for any purpose or purposes auxiliary to any business concern or adventure in which I may be interested at my death or in which any part of my estate may for the time being be invested or employed or any other companies or concerns the support of which shall in the opinion of my trustees be likely to benefit directly or indirectly any company concern business undertaking or adventure in which any part of my estate may for the time being be invested or employed and to enter into or concur in and give effect to any arrangements or compromises they may think fit upon or in connection with the winding up or reconstruction of or otherwise in relation to any company in which they may be interested as the trustees of this my will and for any of the purposes aforesaid or for any other purposes of this my will to borrow or raise money by the deposit of securities or documents of title or otherwise on the security of my estate or any part thereof and on such terms in all respects as my trustees shall think fit and generally to do or concur in doing in connection with or for the benefit direct or indirect of any company concern business undertaking or adventure in which any part of my estate may for the time being or invested or employed may act by acting which I myself would have done if living and I declare that my trustees shall not be liable for any losses debts charges expenses claims or demands incurred or arising in or in respect of any such company concern business undertaking or adventure as aforesaid or any interest therein which they may hold as trustees of this my will or by reason or in consequence of anything done or omitted by my trustees in exercise or pursuance of any power authority or discretion hereby conferred on them but shall be fully indemnified out of my estate against all such losses costs charges expenses claims and demands and I declare that the trust for sale contained in clause 8 hereof and the provisions contained in clause 9 hereof shall apply as regards all real or personal property of whatsoever kind which may from time to time be acquired or retained by my trustees pursuant to any of the foregoing powers in like manner as if such property had formed part of my estate at my death and I declare that the foregoing powers shall not restrict or be restricted by any other powers conferred by this my will but shall be in addition to or enlargement of such other powers.

17. I declare that my trustees may apply any moneys for the time being subject to the trusts of this my will for any of the purposes mentioned in the last preceding clause and that subject as aforesaid all moneys not required for any of those purposes and liable to be invested under the trusts hereof shall as to Fifty per centum thereof be invested in some or one of the modes of investment for the time being authorised by law for the investment of trust moneys and shall as to the balances thereof be invested in such one or more of the following forms of investment as my trustees may from time to time think proper that is to say in any investment for the time being authorised by law for the investment of trust moneys or in any stock of securities (whether payable to bearer or not) of any British Colony or dependency or any state or province of any such Colony or dependency or of any foreign government or state or of any municipal operation or Local or Harbour authority in Great Britain or in any British Colony or Dependency or in any foreign state or in or upon the stock  or share (whether ordinary or otherwise) bonds debentures debenture stock or other securities (whether payable to bearer or not) of any company incorporated in the United Kingdom or any British Colony or dependency or any state or Province of any such Colony or dependency or is any foreign state under any general act of law or under any special act of law or by charter or upon the security of any life interest in any real or personal property together with a policy of insurance on the life in question.

18. I declare that in addition to all other powers conferred on them by this my will my trustees shall have the following powers namely:- (1) All such powers as regards letting leasing cultivating managing developing improving and working any real or leasehold property for the time being subject to the trusts of this my will (and whether or not the same shall have been appropriated to any particular share or shares of my residuary trust estate) as they would have if they were the absolute beneficial owners of such property and including powers to cut timber and underwood for sale repairs or otherwise and to open and work mines minerals quarries and brickfields and to erect pull down and repair houses and other buildings and to drain and make roads and fences and otherwise improve the property and to insure against loss of damage by fire tempest or otherwise and against liability for injuries or accidents to employees or workmen and against loss of or damage or injury to live or dead stock and to make allowances and remissions or rent to and arrangements with tenants and others and condone and grant licences to commit breaches of covenant and to accept surrenders of leases and tenancies and to stock equip work and carry on farms and generally to deal with the property in any manner they in their absolute discretion may think expedient and without being liable for any loss or damage.
    (2) Power to make any outlay for any of the purposes aforesaid out of the capital or income of my residuary trust estate or of any share or shares thereof to which the property in respect of which such outlay is made has been appropriated and to raise any money required for any such purpose by mortgage of any property for the time being subject to the trusts of this my will or otherwise out of such capital.
    (3) Power at any time or times at their absolute discretion to appropriate in or towards satisfaction of any legacy or share in my estate any part of my estate or any investment or property whether real or personal for the time being subject to the trusts of this my will and which has not previously been so appropriated and for the purpose of any such appropriation to determine in such manner as they may think fit the value of any property whereof the value may require to be determined for this purpose and so that after and notwithstanding any such appropriation in or towards satisfaction of any settled fund or share or part of my estate the appropriated property shall remain subject to the provisions contained in sub-clause (3) of clause 9 and sub-clause (7) of clause 14 hereof and also to the trusts and powers of sale conversion and investment and varying investments and leasing and assignment and other powers herein declared and contained of and concerning my residuary estate or such of the same trusts and powers as are applicable thereto and are not inconsistent with the beneficial trusts hereinbefore declared concerning that share or part of my residuary trust estate to which the same shall have been appropriated and so that this present power shall be in substitution for the power of appropriation conferred by section 4 of the Land Transfer Act 1897 but as regards registered 1 and without prejudice to sub-section 3 or that section and so that every appropriation and valuation made under this power shall be conclusive and binding on all persons interested or to become interested under this my will
    (4) Power to determine in all cases whether money coming to their hands is capital or income and whether any expenses or outgoings are to be paid out of or borne by capital or income and to apportion and partition any blended funds and so that every such determination apportionment and partition whether made expressly or to be inferred from the acts or conduct of my trustees shall be final and binding on all persons interested under this my will.
    (5) Power instead of acting personally to employ and pay any other person or persons (whether a professional person or not) to transact any business or do any act of whatever nature in relation to the trusts hereof (including the receipt and payment of money).
    (6) Power to agree and settle accounts with all persons liable to account to my estate and to enter into any compromise or arrangement which they may think proper with any such person and in particular with any person persons or corporation concerned or interested jointly with me in any business undertaking or adventure with respect to the winding up of or otherwise in relation to such business undertaking or adventure or the realisation or ascertainment or value of my interest therein and for the purposes aforesaid to give and execute official receipts releases and discharges.
    (7) Power to raise any part or parts not exceeding in the aggregate one moiety of the contingent or vested share of capital of any person under the trusts of this my will and pay or apply the same to him or her or for his or her benefit or advantage but so that during the existence of contingency of any life or other interest or interests prior to the interest of the person proposed to be advanced in the share but of which an advance is proposed to be made such advance shall not be made without the consent of the person or persons entitled to such prior interest or interests.

19. No trustee of this my will or the Bank as Custodian Trustee shall be liable for any loss not attributable either to his her or its own dishonesty or to the wilful commission by him her or it or some not known by him her or it to be a breach of trust and no trustee hereof or the bank as Custodial Trustee shall be bound to take any proceedings or liable for not taking any proceedings against any Trustee for any breach of trust or alleged breach of trust on the part of any trustee.

20. I declare that in case of any difference of opinion among my Trustees in regard to the execution of any of the trusts and powers of this my will or the exercise of any discretion hereunder or in regard to any act matter or thing arising in or in relation to the execution of the said trust and powers or in case at any time by reason of illness infirmity or temporary absence or for any other reason the formal concurrence of any one of my Trustees in any such act matter or thing cannot for the time being be conveniently obtained then and in any such case the opinion and determination of the majority of my trustees shall prevail and have effect as if it were the opinion and determination of all my trustees and the concurrence of the majority of my trustees in any such act matter or thing shall be as effectual as if all my trustees had concurred therein and the acts and proceedings of such majority shall for all the purposes of this my will be as valid and effectual as if they were the acts and proceedings of all my trustees

21. I declare it to be my wish that the number of my trustees shall at all times be not less than three and that any vacancy occurring among them by death or otherwise shall as soon as circumstances will conveniently admit be filled up so as to keep up that number but so nevertheless that no acts or proceedings of my trustees during the continuance of any such vacancy be in any way prejudice or invalidated by the fact that any vacancy or vacancies have not been filled up.

22. Lastly I declare that the headings in the margin hereof shall not form part of this my will or in any manner effect the construction hereof

IN WITNESS whereof I have set my hand to this my will this Second day of December one thousand nine hundred and twenty five - R. TILDEN SMITH -

Signed by the above named testator Richard Tilden Smith in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses:-
T. Hugh Cobb 22 College Hill London E.C. Solicitor
R.A. Wooding 22 College Hill E.C. Solicitor

(Note: It says second codicil but this is the only codicil recorded with this will.)

THIS IS A SECOND CODICIL to the last will and testament of me Richard Tilden Smith of 13 Upper Brook Street in the County of London which will bears date the second day of December one thousand nine hundred and twenty five and the first codicil bears date the second day of December one thousand nine hundred and twenty five

1. I revoke the said codicil dated Second December one thousand nine hundred and twenty five.

2. I direct my trustees to pay to my Secretary George Thomas Hannaford or in the event of his death to his wife Dorothy Madeline Hannaford (free of duty and taxes) such sum or sums of money as shall from time to time be necessary to pay for the school and college bills and extras and for the clothes of his three children Basil Anthony Hannaford Joan Dorothy Hannaford and Mary Margaret Hannaford until they shall respectively attain the age of twenty six years the standard of education of the said three children shall be in the absolute discretion of the said George Thomas Hannaford and in the vent of his death in the absolute discretion of his said wife.

3. On the death of the said George Thomas Hannaford I direct my trustees to pay to his said wife during her life (free of all duties and taxes) such monthly sum as shall be equal to the monthly salary paid by me to the said George Thomas Hannaford at the date hereof

4. I authorise my trustees to provide for the payment of the annuities and periodical sums of money hereinbefore bequeathed by clauses 2 and 3 hereof by setting apart and appropriating in respect thereof such part or parts of my residuary personal estate as shall in their opinion be sufficient by the income thereof to pay such annuity or periodical sum of money and I declare that when such appropriation shall have been made the annuity or periodical sum of money in respect of which the appropriation shall be made shall be wholly charged on the investments so appropriated (Hereinafter referred to as the annuity fund) in exoneration of the rest of my estate but that the capital of the annuity fund may be resorted to in case at any time the income thereof is insufficient to pay such annuity or periodical sum of money and I further declare that on the cesser of any annuity or sum of money the annuity fund appropriated thereto shall revert to and form part of my residuary estate.

5. I give and bequeath to Mrs Madeleine Louise Constance Scott (free of duty) all the plate plated articles linen glass china books pictures prints furniture musical instruments articles of value and all articles of household or domestic use or ornament now in or about the premises Humber 7 Queens Gardens Hyde Park London or in or about any other premises in which the said Madeleine Louise Constance Scott shall be living at the time of my death for her own use and benefit absolutely.

6. I give and release unto the said Madeleine Louise Constance Scott (free of duty) all sums whatsoever whether for principal or interest which at my death may be owing by her to me in any security owing whatsoever and I direct my trustees to pay out of my estate all debts or sums of money whether for principal interest or otherwise which at the time of my death may be owing by the said Madeleine Louise Constance Scott to any Company or Firm in which I may then be interested and the duty (if any) which may be payable in respect of this direction and I declare that if the said Madeleine Louise Constance Scott shall predecease me her legal personal representatives shall be entitled to the benefit of these gifts as if she had died immediately after my death.

7. Whereas I have been making a voluntary allowance to the said Madeleine Louise Constance Scott now I direct my trustees to pay to the said Madeleine Louise Constance Scott during her life (free of all duty and all taxes) such weekly sum or sums of money as shall be equal to the amount of the allowance I am making her at the date hereof such allowance to commence from the date of my death and also to pay to her (free of duty and all taxes) during her life to commence from the date of my death and be payable quarterly such sum or sums of money not to exceed three hundred pounds per annum as shall be sufficient to pay the rent rates taxes and repairs and decorations of and the electric light and gas consumed on any premises in which the said Madeleine Louise Constance Scott shall for the time being reside.

8. I further direct my trustees to pay to the said Madeleine Louise Constance Scott (free of duty and all taxes) such sum or sums of money as shall from time to time be required by her for payment of the school and all college fees and bills and all fees premiums and other payments payable in respect of any profession for which they or either of them shall enter and also for the clothes of her two sons Michael Samson Montagu Scott and Dunstan Samson Montagu Scott until they shall respectively obtain the age of twenty six years and in the event of the death of the said Madeleine Louise Constance Scott I direct my trustees to apply such sum or sums of money for the purposes aforesaid The Standard of education of the said two boys shall be in the absolute discretion of the said Madeleine Louise Constance Scott during her life and in the event of her death in the absolute discretion of the head master of Stowe College for the time being.

9. In as much as the said Dunstan Samson Montagu Scott is suffering from a disability which will prevent him from earning the living he otherwise would I give and bequeath to him (free of duty and all taxation) in the event of his total earnings being less than three hundred pounds per annum an annuity of such a sum per annum during his life and shall bring his total income up to Three hundred pounds per annum such annuity to be payable quarterly and to commence three calendar months from my death or if he should then still be at College then three calendar months from the date of his leaving College.

10. I give and release until Baron Axel von Samson Himmelstjerna Baroness Jenny von Samson Himmelstjerna Mrs Jenny Cramer Mrs Ellen von Zur Muchlen Miss Gabrielle Samson Himmelstjerna Baroness Irene Osten Backen George Thomas Hannaford and Dorothy Madeline Hannaford (free of duty) all sums whatsoever whether for principal or interest which at my death may be owing by them respectively to me on any security whatever and I direct my trustees to pay out of my estate all debts or sums of money whether for principal interest or otherwise which at the time of my death may be owing by them or any of them to any Company or firm in which I may be then interested and the duty (if any) which may be payable in respect of this direction and I declare that if any of such persons shall predecease me then his her or their legal personal representatives shall be entitled to the benefit of these gifts as if he she or they had died immediately after my death.

11. I bequeath the following annuities (free of duty and all taxes) to commence from the date of my death and to be payable monthly the first payment whereof shall be made one calendar month after my death
    (a) To Baron Axel von Samson Himmelstjerna an annuity of one hundred pounds during his life.
    (b) To Baroness Jenny von Samson Himmelstjerna an annuity of one hundred pounds during her life.
    (c) To Mrs Jenny Cramer an annuity of one hundred pounds during her life provided her income from all sources does not exceed three hundred pounds per annum.
    (d) To Mrs Ellen von Zur Muchlen an annuity of one hundred pounds during her life provided her income from all sources does not exceed three hundred pounds per annum.
    (e) To Miss Gabrielle Samson Himmelstjerna an annuity of one hundred pounds during her life provided her income from all sources does not exceed three hundred pounds per annum.
    (f) To Baroness Irene Osten Backen an annuity of one hundred pounds during her life.

12. I declare that the sums of money and annuities given by and payable under clauses 7 8 9 and 11 hereof shall be payable out of the income of my residuary estate.

13. In all other respects I confirm my said will.

IN WITNESS  whereof I have hereunto set my hand to this my second codicil contained in this and the three preceding sheets of paper this eighteenth day of March one thousand nine hundred and twenty six.

R. TILDEN SMITH - Signed by the above named Testator as and for a Second Codicil to his last will and testament in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses the alteration and interlineations on page 3 lines 18 and 19 having first been made.
Francis D. Mettram Adelaide House H.C. 4. Private Secretary
Henry C. Bouttell Clerk to Piesse and sons Selrs 15 Old Jewry Chas E.C.2.

Correct.

William F. Lloyd
Registrar of the Supreme Court of Newfoundland

Written in the top right-hand margin:
Fiat
W. H. Horwood
C.J. Nov 21/30
Resealed on
the 21^st day of
November 1930
Value of Estate
$27,666.66