Will of Horace Thompson, from Newfoundland will books volume 15 pages 343-345 probate year 1931

IN RE.                         DECEASED

Horace Thompson

This is the last will and testament of me Horace Thompson of Number 72 Westwood Road Southampton.

1. I appoint the Midland Bank Executor and Trustee Company Limited (hereinafter called "my trustees") to be the executor and trustee of this my will and I declare that my trustee may in either such capacity act by its proper officer or officers who may employ and pay a solicitor broker or any other agent to transact all or any business required to be done (including the receipt and payment of money) and my trustee shall be entitled to remuneration (free from duties) in accordance with the scale of fees being in force at the date of this my will or such other scale (if any) as may be arranged by written agreement between my trustees and me and in any case in which a Solicitor is employed under the power hereinbefore contained the firm of Parish Smith and Randall of Southampton shall if possible be employed without prejudice to the right of my trustee to consult any other solicitor in any case in which it shall think fit to do so AND I further declare if at the time of my death the business of the company named as my trustee shall have been transferred to or incorporated with that of any other company this my will shall be read and construed as if the name of such other company were substituted for that of the company hereinbefore named.

2. I devise and bequeath my dwelling house garden and premises Number 72 Westwood Road Southampton (but if I shall not be the owner and residing therein at the time of my death I devise and bequeath the dwelling house garden and premises in which I shall then be residing in substitution thereof) and I also give all my household furniture pictures plate linen china and other household and garden implements and effects including my motor car and its accessories unto my wife Dorothy Frances Thompson absolutely and I bequeath to her a legacy of One thousand pounds to be paid to her as soon as practical after my death.

3. I bequeath to each of my three children Dorothy May Bryson, Margaret Mary and Edith Joan if living at my death a legacy of One thousand pounds.

4. All the before mentioned devises and bequests to be paid or handed over to the devisee or legatee free of estate legacy or succession duties.

5. I direct any trustees to set apart a legacy of fifteen thousand pounds with power to appropriate and set apart any of my investments at the time of my decease in satisfaction of such legacy notwithstanding that the same may not be strictly trustee investments and to hold such legacy and the investments for the time being representing the same in trust to pay the best income thereof to my wife Dorothy Frances Thompson during her life and from and after her decease in a way to stand possessed of a sum of four thousand pounds part of the said settled legacy of fifteen thousand pounds Upon trust to pay the income thereof to my mother in law Jane Oldhamit she shall be living at the death of my wife during the life of my said mother in law and subject thereto the remainder of such settled legacy (or the whole as the case may be) shall form part of my residuary estate.

6. All death and succession duties payable in respect of the said settled legacy shall be discharged out of my ultimate residuary estate both on the death of myself and my said wife.

7. I devise and bequeath the residue of my real and personal estate property and effects of every description (after payment thereout of my just debts funeral and testamentary expenses and the death duties before directed to be paid out of my residuary estate) Unto my trustee in trust for such of my children who shall be living at my death and who being sons or a son have attained or shall attain the age of twenty one years or being daughters or a daughter have attained or shall attain that age or previously marry and if more than one in equal shares as tenants in common beneficially provided that in case any child of mine shall die in my lifetime leaving a child or children who shall survive me and shall attain the age of twenty one years or being a daughter shall previously marry such last mentioned child or children shall stand in the place of such deceased child and take per stirpes and equally between them if more than one the share of my residuary estate (but not any interest in the pecuniary legacies bequeathed by my will) which such deceased child would have taken if he or she had survived me and attained a vested interest.

8. Provided further that the share of my residuary estate of every child of mine who shall survive me shall not vest absolutely in such child but shall be retained and invested by my trustees and held upon the following trusts namely:- the income thereof to be paid to such child during his or her life and in the case of daughters during coverture for their separate use without power of anticipation and after the decease of such child such share and the income thereof shall be held upon trust for such one or more of the child or children of such child immediate or remote born before the expiration of twenty one years after the decease of such child as such child may by deed with or without power of revocation and new appointment or by will or codicil appoint and in default of any such appoint and so far as any such appointment may not extend such share and the income thereof shall be held upon trust for all the children or any the child of such child who being male attain the age of twenty one years or being female attain that age or previously marry and if more than one equally as tenants in common beneficially provided that in the case that no child or any such child of mine shall any part of his or her share in default of appointment under this present trust without bringing into hotchpot any part of the said share and the income therefore such child of mind which may have been appointed in favour of such child under the powers in that behalf hereinbefore contained unless my child making the appointment shall direct to the contrary and if the share of such child of mine or any part thereof shall not vest absolutely in some person or persons under the preceding trust then after the death of such child his or her share or the part thereof which shall not be vested shall subject to trusts powers and provisions hereby or by statute vested in my trustee in respect of the income or the capital thereof and to every exercise of the same by my trustee be held in trust for the others of my children or child who shall be living at the failure of the foregoing trusts and if more than one in equal shares as tenants in common beneficially and so that any share accruing under this clause shall be held by my trustee upon the same trusts as the original shares of my children.

9. I hereby authorise my trustee to retain any investments held by me at the time of my death although the same may be of a depreciating or wasting character and may not be represented by investments which a trustee is authorised to retain by law without being responsible for any loss or depreciation that may arise to my estate by reason of so doing and during the conversion of such investments the income arising from the same shall be treated as income for all the purposes of my will and my trustee shall be at liberty to appropriate any of such investments to answer any of the pecuniary legacies or the settled legacy bequeathed by my will without being answerable for loss which may arise after such appropriation and I direct that my debts funeral and testamentary expenses and the death duties directed to be paid out of my residuary estate shall be paid exclusively out of the capital and that any interest arising as from the date of my death shall be treated as income and paid to the person for the time being who shall be entitled to the income of my residuary estate or the before mentioned settled legacy as the case may be.

In witness whereof I have to this and two preceding sheets of paper hereto set my hand this thirteenth day of June one thousand nine hundred and twenty eight.

Horace Thompson.

Signed by the testator Horace Thompson as and for his last will 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 witnesses.
Fred Gordon, Managing clerk to Parish, Smith & Randall, Solicitors, Southampton
Frank B. Macuse Clerk to Parish, Smith & Randall, Solicitors, Southampton

Correct.

William F. Lloyd
Registrar of the Supreme Court of Newfoundland

Written in the top right-hand margin:
Fiat
W. J. Higgins
Judge
Jany 21/31
Resealed on the
21^st day of Jany
A.D. 1931
Value of Estate
$2,682.75