Transcribed by Judy Benson
While I have endeavored to be as correct as humanly possible, there could be
some typographical errors
Newfoundland will books volume 3 pages 254 to 265 probate year 1873.
| Will of Henry Thomas |
In re HENRY PHILLIPS THOMAS: DECEASED. This is the last will and testament of me Henry Phillips Thomas formerly of St. John’s Newfoundland and afterwards of Redland in the County of Somerset but now residing temporarily at Lowestoft in the County of Suffolk Esquire I hereby revoke all former wills and codicils made by me and do declare this to be my last will I confirm the gift made by me previously to the execution of this my will of certain furniture articles and things to Miss Louisa Dixon my late wife’s sister I devise and bequeath all the real estate (except estates vested in me as mortgagee or Trustee) and all the personal estate and effects whatsoever and wheresoever which I shall at my decease have power to dispose of by will unto the Trustees hereinafter named their heirs executors administrators and assigns upon trust that the said Trustees or the survivor of them or the heirs executors or administrators of such survivor or other the Trustees or Trustee for the time being of this my will (hereinafter called my said Trustees or Trustee) shall with all convenient speed sell my said real estate subject to such conditions and in such manner in all respects as my said Trustees or Trustee shall think fit and shall sell call in and convert into money such part of my personal estate as shall not consist of ready money and shall stand possessed of the monies to arise from such sale calling in and conversion into money and of my ready money Upon trust that my said Trustees or Trustee shall out of the same pay my funeral and testamentary expenses and debts and the costs incurred in the execution of the trusts aforesaid and any legacies bequeathed by any codicil hereto and shall invest the residue of the said monies in the names or name of my said Trustees or Trustee in any of the public stocks or funds of Great Britain or at interest upon Government or real securities in England or Wales including copyhold hereditaments and including also leasehold hereditaments held for any term of years of which not less than sixty years shall be unexpired at the time of such investment and without it being necessary to require the production of the lessor’s title and with full power to make any such investments on real or leasehold securities as aforesaid upon such titles as they my said Trustees or Trustee shall or may in each instance under the circumstances think proper to accept and be satisfied with or in or upon the bonds mortgages or debentures or debenture stock or preference shares or stock of any railway or other Company in any part of Great Britain or Ireland incorporated by Act or Parliament or Charter and paying a dividend on the ordinary stock or shares of the Company or of any Railway Company in India the payment or a dividend or interest upon the stock or shares of which shall be guaranteed by the Council or Government of India for the time being or by the Secretary of State for India in Council or in or upon bank-Stock or any of the public stocks funds or securities of the East India Government or in or upon the debentures bonds or other securities of any Land ans Trust Company or Association for lending money in any British Colony or Dependency having a Board of Directors or Committee of Management in England or in or upon the bonds mortgages or securities of any British Colonial Government with power for my said Trustees or Trustee at their or his discretion at any time to vary or transpose such stocks funds shares or securities into or for others of the same or a like natureAnd I hereby declare that my said Trustees or Trustee shall stand possessed of the said trust monies stocks funds shares and securities (hereinafter referred to as the said trust premises) and the annual income thereof upon trust out of such annual income to pay an annuity of one hundred and fifty pounds sterling unto the said Louisa Dixon and her assigns during her life by equal half yearly payments on the first day of May and the first day of November in every year the first payment to be made on such of the said days as shall first happen after my decease and a proportionate part of the current half yearly payment to be paid down to the death of the said Louisa Dixon in case she shall die on any other day than on one of the said half yearly days of payment and subject as aforesaid shall stand possessed of the said trust premises upon the trusts following (that is to say) As to one moiety thereof upon trust that my said Trustees or Trustee shall pay the annual income thereof unto my daughter Frances Brooking Dacres the wife of Major-General Sir Richard James Dacres K.C.B. during her life for her separate use but without power of anticipation and from and after her decease shall pay the annual income of the said moiety of the said trust premises unto the said Sir Richard James Dacres and his assigns during his life and subject as aforesaid shall stand possessed of the said moiety of the said trust premises and the annual income thereof in trust for such one or more exclusively of the other or others of the children of my said daughter in such manner and form as she whether covert or sole shall by any deed or deeds with or without power of revocation and new appointment or by will or codicil appoint and in default of such appointment and so far as no such appointment shall extend in trust for all the children or any the child of my said daughter who being sons or a son shall attain the age of twenty-one years or being daughters or a daughter shall attain that age or marry if more than one in equal shares Provided always that no child of my said daughter taking any part of the said moiety of the said trust premises under any such appointment as aforesaid shall be entitled to any share of that part thereof of which no such appointment shall be made without bringing his or her appointed share into hotchpot And as to the other moiety of the said trust premises upon trust that my said Trustees or Trustee shall pay the annual income thereof unto my son William Piers Thomas until he shall make or attempt to make any sale assignment or charge of or upon or which may affect the same or any part thereof or become bankrupt or do or suffer anything whereby the same would or might if hereby given absolutely to or in trust for him be forfeited to or become vested in any other person or persons and from and after the happening of any such event then shall during the life of my said son pay and apply the same annual income or such part thereof as my said trustees or trustee in their or his uncontrolled discretion shall think proper unto or for the separate use of the wife of my said son or for the support and maintenance of my said son and of his wife and child or children for the time being or any of them or in discharge of their or any of their expenses in such proportions and in such manner in all respects as my said Trustees or Trustee shall approve and from and after the decease of my said son shall pay the annual income of the said last mentioned moiety of the said trust premises unto his wife Elizabeth Thomas (if she shall survive him) and her assigns during her life or so long as she shall continue his widow and subject as aforesaid shall stand possessed of the said last mentioned moiety of the said trust premises and the annual income thereof in trust for such one or more exclusively of the others or other of the children of my said son in such manner and form as he shall by any deed or deeds with or without power of revocation and new appointment or by will or codicil appoint and in default of such appointment and so far as no such appointment shall extend in trust for all the children or any the child of my said son who being sons or a son shall attain the age of twenty one years or being daughters or a daughter shall attain that age or marry if more than one in equal shares Provided always that no child of my said son taking any part of the said last mentioned moiety of the said trust premises under any such appointment as aforesaid shall be entitled to any share of the part thereof of which no such appointment shall be made without bringing his or her appointed share into hotchpot and I declare that in case there shall be no child of my said daughter who shall become entitled to a vested interest in the moiety of the said trust premises the trusts whereof are firstly hereinbefore declared then subject and without prejudice to the life interests therein hereinbefore given my said Trustees or Trustee shall hold the said first mentioned moiety or so much thereof as shall not have become vested or been applied under any of the trusts or powers herein contained upon the trusts and with and subject to the powers and provisions herein declared and contained concerning the said moiety of the said trust premises the trusts whereof are secondly hereinbefore declared or such of the same as shall be then subsisting and capable of taking effect and in case there shall be no child of my said son who shall become entitled to a vested interest in the moiety of the said trust premises the trusts whereof are secondly hereinbefore declared then subject and without prejudice to the life interests therein hereinbefore given my said Trustees or Trustee shall hold the said second mentioned moiety or so much thereof as shall not have become vested or been applied under any of the trusts or powers herein contained upon the trusts and with and subject to the powers and provisions herein declared and contained concerning the said moiety of the said trust premises the trusts whereof are firstly hereinbefore declared or such of the same as shall be then subsisting and capable of taking effect Provided always and I hereby declare that my said Trustees or Trustee may after the deaths of the respective parents of any child of my said daughter or son or previous thereto if the parents or parent of such child shall so direct in writing raise any part or parts not exceeding in the whole one half of the then expectant or presumptive or vested share of any child under the trusts hereinbefore declared and pay or apply the same for his or her preferment advancement or benefit as my said Trustees or Trustee shall think fit and without reference to any other fund similarly applicable And I hereby declare that my said Trustees or Trustee shall but subject and without prejudice to the life interests hereby given in priority to the shares or interests hereby given to the children or child of my said daughter and son respectively pay or apply the whole or such part as my said Trustees or Trustee shall think fit of the annual income of the share to which any child shall for the time being be entitled in expectancy under the trusts hereinbefore declared for or towards his or her maintenance or education And may either themselves or himself so pay or apply the same or pay the same to the Guardians or Guardian of such child for the purpose aforesaid without seeing to the application thereof and without reference to any other fund similarly applicable or to the liability or ability of any person to maintain or educate such child and shall during such suspense of absolute vesting as aforesaid accumulate all the residue (if any) thereof in the way of compound interest by investing the same and the resulting income thereof in or upon any such stocks funds shares or securities as are hereinbefore mentioned for the benefit of the person or persons who under the trusts herein contained shall become entitled to the principal fund from which the same respectively shall have proceeded with power for my said Trustees or Trustee to resort to the accumulations of any preceding year or years and to apply the same for or towards the maintenance or education of the child for the time being presumptively entitled to the same in the same manner as such accumulations might have been applied had they been annual income arising from the original trust fund in the year in which they shall be so applied Provided always and I hereby declare that my said Trustees or Trustee shall either forthwith sell and convert into money my said real and personal estate or any part thereof or defer such sale and conversion for such time as they or he shall at their or his absolute discretion think proper without being responsible for any loss to be occasioned thereby And I hereby direct that until a sale of my said real and personal estate my said Trustees or Trustee shall apply the annual income of the property so remaining unsold in the manner in which the interest of the money to be produced by a sale thereof would be applicable if the same were then sold Provided also and I hereby declare that it shall be lawful for my said Trustees or Trustee at any time after my death instead of selling any part of my property to appropriate such part in or towards satisfaction of either of the moieties of the said trust premises the trusts whereof are hereinbefore declared and also to devise or apportion the said trust premises between or among the several persons entitled thereto in such manner as my said Trustees or Trustee shall deem just according to the respective rights and interests of such persons and every such appropriation division or apportionment shall be as binding and conclusive upon all persons then or thereafter to be interested in the said property and trust premises or any part thereof respectively as if the same had been duly made by a court of competent jurisdiction Provided always and I hereby declare that it shall be lawful for my said Trustees or Trustee to make or join or concur in making partition of any hereditaments whereof an undivided share or shares interest or interests is or are hereby devised with liberty to give or accept any sum or sums of money for equality of partition or otherwise and also to purchase or foreclose the equity of redemption of all or any part of the property or share or shares of property in Newfoundland mortgaged to me by my late brother William Thomas deceased and also to renew or join or concur in renewing any lease or leases of any hereditaments which or any undivided share or shares interest or interests in which are hereby devised and also to purchase or join or concur in purchasing the reversion of such hereditaments or share of hereditaments and generally to let deal with and manage or join or concur in letting dealing with and managing the hereditaments which or any undivided share or shares interest or interests in which are hereby divided or any of them or any part thereof respectively in such manner in all respects as my said Trustees or Trustee shall think proper and as they or he might do if they or he were or was the absolute owners or owner thereof And for the purposes aforesaid or any of them to enter into execute and do in the names or name of my said Trustees or Trustee and to appoint Attorneys Agents and others in Newfoundland or elsewhere at such wages or salaries or with such allowances as my said Trustees or Trustee shall think reasonable to enter into execute and do in the names or name of my said Trustees or Trustee or otherwise all such agreements assurances and things as may be necessary or expedient or as my said Trustees or Trustee shall think necessary or expedient or proper I give devise and bequeath all the estates and undivided shares of estates which at my death shall be vested in me upon any trusts or by way of mortgage and of which I shall at my death have power to dispose by will unto the said Trustees hereinafter named their heirs executors and administrators respectively according to the nature thereof receptively Upon the trusts and subject to the equity of redemption which at my death shall be subsisting or capable of taking effect therein respectively but the money secured on such mortgages shall be taken as part of my personal estate And I hereby appoint the said Sir Richard James Dacres and Henry Tyler of Essex Street Strand in the County of Middlesex Solicitor Trustees and executors of this my will and I authorize and empower my personal representatives or representative for the time being acting in the execution of this my will to pay and satisfy any debts owing or claimed to be owing by or from me or my estate and any liabilities to which I or my estate may or may be alleged to be subject upon any evidence they or he shall think proper and to accept any composition or any security real or personal for any debt or debts owing to me or my estate and to allow such time for the payment of any such debt or composition for a debt (either with or without taking any security for the same) as to them or him shall seem reasonable and also to compromise or compound or submit to arbitration and settle all debts accounts suits transactions matters and things which shall be owing or claimed to be owing from or to me or my estate or be depending or arising between me or my said personal representatives or representative and any other person or persons and generally to act in relation to the premises in such manner as they or he shall think expedient without being liable for any loss which may be occasioned thereby and I declare that my said personal representatives or representative may employ such persons in collecting debts and otherwise in the administration of my property and in making out and keeping the accounts thereof as they or he shall think fit at such wages or salaries or with such allowances as they or he shall think reasonable And I hereby declare that the receipt of my said trustees or trustee for the purchase moneys of any property hereby directed or authorized to be sold and for any other moneys which may be paid and for any stocks funds shares or securities which may be transferred to them or him under or by virtue of this my will or in the execution of any of the trusts or powers hereof shall effectually discharge the person or persons paying or transferring the same therefrom and from being bound to see to the application or being answerable for the loss or misapplication thereof Provided always and I hereby declare my will to be that if the said Trustees hereby constituted or either of them shall die in my lifetime or if they or either of them or any Trustee or Trustees appointed as hereinafter provided shall after my death die or be abroad or desire to be discharged or refuse or become incapable to act then and in every such case it shall be lawful for the surviving or continuing Trustees or Trustee for the time being (and for this purpose every refusing or retiring Trustee shall if willing to act in the execution of this power be considered a continuing Trustee) or for the acting executors or executor administrators or administrator of the last surviving or continuing trustee to appoint a new Trustee or new Trustees in the place of the Trustee or Trustees so dying or being abroad or desiring to be discharged or refusing or becoming incapable to act as aforesaid and upon every or any such appointment as aforesaid the number of Trustees may be augmented or reduced And I expressly direct that my children grandchildren or any of them may be appointed Trustees or a Trustee under the aforesaid power although beneficially interested in possession or expectancy to the said trust premises or any part thereof and upon every such appointment all the estates moneys stocks funds shares and securities then vested in the trustees or trustee for the time being or in the heirs executors or administrators of the last surviving or continuing Trustee shall be so conveyed or assigned and transferred that the same may be vested in the surviving or continuing trustee or trustees jointly with such new Trustee or Trustees or in such new Trustees solely as the case may require and every trustee appointed as aforesaid may as well before as after the said trust premises shall have been so vested act or assist in the execution of the trusts and powers of this my will as fully and effectually to all intents and purposes as if I had hereby constituted him a Trustee Provided always and I hereby direct that whilst my said daughter and son or either of them shall be living and entitled to the annual income of the trust premises in respect of which a new Trustee or new Trustees is or are to be appointed as aforesaid every such appointment shall be made with their her or his consent in writing Provided also and I direct that the said Henry Tylee and any other Trustee for the time being of this my will who is or shall or may be of the profession of an Attorney at law or Solicitor shall be entitled to make the same professional charges and receive the same fees and allowances for business transacted for the said trust estate as such Trustee would be entitled to make and receive for the business so transacted if he did not fill the office of Trustee any rule of law or equity to the contrary notwithstanding In witness whereof I have hereunto set my hand this twenty seventh day of February in the year of our Lord one thousand eight hundred and sixty five - H. P. Thomas - Signed and declared by the said Henry Phillips Thomas the testator as and for his last will and testament in the presence of us 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 words “one moiety of” in page 2 and the words “one moiety of” and “the widow (if any) of my said son” in page 3 and the first eight lines and the first two words in the ninth line in page 5 having been first struck out and the words “his wife Elizabeth Thomas (if she shall survive him)” in page 3 having been first interlined between the thirteenth and fourteenth lines in page 3 - Francis Samuel Worthington Surgeon Lowestoft - Solomon King Fuller Lowestoft - Henry Tylee 14 Essex St. Strand. This is a codicil to the will of me Henry Phillips Thomas temporarily residing at Lowestoft in the County of Suffolk Esquire and which will bears even date herewith Whereas some years since I advanced to my son William Piers Thomas and his partner Mr. David Sclater the sum of five thousand pounds to enable them to commence business in Newfoundland and until lately interest thereon has been duly paid to me Now I declare that the said sum of five thousand pounds shall not be considered as an advancement to my son and be reckoned as part of or taken out of the moiety of my property by my will bequeathed in trust for my son and his widow & his children but the income of the said sum of five thousand pounds and the principal when received shall be considered as part of my estate and be appropriated accordingly and it is my will and desire that the said sum of five thousand pounds shall not be called in during the lifetime of my son unless he shall so desire and direct or unless my personal representatives or representative for the time being acting in the execution of my will shall in their absolute and uncontrolled discretion think it fit and expedient to call it in I bequeath to my son William Piers Thomas for his own absolute use and benefit such part of my household furniture & effects (but not including money or securities for money) as I have not given to my late wife’s sister Miss Louisa Dixon in case I shall not have given the same to him in my lifetime which it is my intention forthwith to do And I declare that if any question shall arise as to what furniture and effects are intended to be included in the last mentioned bequest the decision of my personal representatives or representative for the time being acting in the execution of my will thereon shall be binding and conclusive on all parties claiming under my will I bequeath to my daughter Frances Brooking Lady Dacres and to my son William Piers Thomas the sum of two hundred pounds each and to the said Louisa Dixon the sum of one hundred pounds for their immediate use And I direct that the aforesaid legacies and also the annuity of one hundred and fifty pounds which I have bequeathed to the said Louisa Dixon by my will shall be paid to them free of legacy duty and other expenses which I direct shall be paid out of my estate Dated this twenty seventh day of February 1865 - H. P. Thomas - Signed and declared by the said Phillips Thomas as and for a codicil to his last will and testament in the presence of us 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- Francis Samuel Worthington Surgeon Lowestoft - Solomon King Fuller Lowestoft - Henry Tylee 14 Essex St. Strand. This is a codicil to the will of me Henry Phillips Thomas now residing at Clayton Farm Foots Cray in the County of Kent Esquire which will bears date the twenty seventh day of February one thousand eight hundred and sixty five Whereas by my said will I have declared that the Trustees or Trustee thereof should stand possessed of the trust monies stocks funds shares and securities on which I have directed my residuary estate to be invested and the annual income thereof Upon trust out of such annual income to pay an annuity of one hundred and fifty pounds sterling unto Miss Louisa Dixon my late wife’s sister and her assigns during her life by equal half yearly payments on the first day of May and the first day of November in every year the first payment to be made on such of the said days as should first happen after my decease and a proportionate part of the current half yearly payment to be paid down to the death of the said Louisa Dixon in case she should die on any other day than on one of the said half yearly days of payment and subject as aforesaid should stand possessed of the said trust premises upon the trusts mentioned in my said will And whereas it is my wish to increase the aforesaid annuity to two hundred pounds sterling Now therefore I do hereby declare that the Trustees or Trustee for the time being of my said will shall stand possessed of the trust monies stocks funds shares and securities whereon I have directed that my residuary estate shall be invested and the annual income thereof upon trust out of such annual income to pay an annuity of two hundred pounds sterling unto the said Louisa Dixon and her assigns during her life (instead of the said annuity of one hundred and fifty pounds bequeathed to her by my said will as aforesaid) and I direct that the said annuity of two hundred pounds shall be paid to her by equal half yearly payments on the days mentioned in my said will for payment of the said annuity of one hundred and fifty pounds and that the first payment thereof shall be made on such of the said days as shall first happen after my decease and that a proportionate part of the current half yearly payment of the said annuity of two hundred pounds shall be paid down to the death of the said Louisa Dixon in case she shall die on any other day than on one of the said half yearly days of payment And I further direct that the said annuity of two hundred pounds shall be paid to her free of legacy duty and other expenses which I direct shall be paid out of my estate I bequeath to my dear daughter Frances Brooking Lady Dacres the sum of three hundred pounds to be applied by her at her sole discretion and without being accountable for the application thereof in completing the education of my grandson Henry Robert Dacres Thomas the eldest son of my son William piers Thomas and in starting him in life as an Officer in the Army or otherwise as my said daughter shall deem it to be most advantageous for him and also the sum of two hundred pounds to be applied by her in like manner to the completing the education of my grandson Charles William Thomas the second son of my son William Piers Thomas aforesaid and in starting him in life either as an Officer in the Army or otherwise as my said daughter shall deem to be most advantageous for him and in the event of the death of my said grandsons respectively before the respective sums hereinbefore bequeathed for their benefit respectively shall have been applied as aforesaid I direct that the same respectively or the unapplied part thereof respectively shall sink into and form part of my residuary estate And I confirm my said will and a codicil thereto dated the twenty seventh day of February one thousand eight hundred and sixty five except where the same are hereby altered As witness my hand this twenty first day of May in the year of our Lord one thousand eight hundred and sixty eight - H.P. Thomas - Signed and acknowledged by the said Henry Phillips Thomas as and for a codicil to 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 at his request subscribed our names as witnesses - Henry Tyler 14 Essex St. Strand - Mary Ann Pyle Lady’s Maid to Lady Dacres Clayton Eltham. Eliza Barber Servant to Miss Dixon of same place. This is a codicil to the will of me Henry Phillips Thomas now residing at Avalon House Eltham in the County of Kent and which will bears date the twenty seventh day of February one thousand eight hundred and sixty five Whereas by a codicil to my will dated the twenty first day of May one thousand eight hundred and sixty eight I bequeathed to my dear daughter Frances Brooking Lady Dacres the several sums of three hundred pounds and two hundred pounds to be respectively applied by her at her sole discretion in completing the respective educations of my grandsons Henry Robert Dacres Thomas and Charles William Thomas the two eldest sons of my son William Piers Thomas and in starting them in life respectively as Officers in the Army and Navy or otherwise as mentioned in my said codicil And whereas the education of my said grandsons has now been completed and they have now both started in life the one as an officer in the Army and the other as an officer in the Navy Now therefore I do hereby revoke the aforesaid bequests of the said several sums of three hundred pounds and two hundred pounds so bequeathed as aforesaid and in all other respects I confirm my said codicil and my said will and a previous codicil dated the twenty seventh day of February one thousand eight hundred and sixty five As witness my hand this ninth day of March one thousand eight hundred and seventy one - H. P. Thomas - Signed and declared by the said Henry Phillips Thomas (the testator) as and for a codicil to his will in the presence of us (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 witness - David King M.D. &c. Eltham Kent. - Eliza Barber (Spinster) Eltham Kent. Certified correct, D. M. Browning Registrar |