NL GenWeb Wills


Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 13 pages 401-407 probate year 1926.

Will of Geraldine Mary Harmsworth

IN RE:   GERALDINE MARY HARMSWORTH.    DECEASED

This is the last Will and Testament of me Geraldine Mary Harmsworth of Poynters Hall Totteridge in the County of Herts Widow which I make this third day of September one thousand nine hundred and twenty four

1. I hereby revoke all former wills codicils and other testamentary dispositions made by me.

2. I appoint my sons Harold Sidney Viscount Rothermere and Sir Robert Leicester Harmsworth of Moray Lodge Kensington Baronet to be Executors and Trustees of my Will and I declare that the expression "my trustees" hereinafter used shall include not only the trustees hereinbefore named or such of them as shall accept the trusts of this my will but also the survivor of them and the executors and administrators of such survivor or other the trustees or trustee for the time being of my will.

3. I bequeath the portrait of my late husband by Seymour Lucas to the Treasurer and Benchers of the Middle Temple as a memorial of my late husband in whose memory there has lately been established in the name of the said Treasurer and Benchers a fund known as "The Alfred Harmsworth Benevolent Fund"

4. I direct that a valuation shall be made by a valuer to be selected by my trustees of my jewellery and that my trustees shall give and divide the same to and between my daughters living at my death and if more than one in equal shares as nearly as may be provided always that if any daughter of mine shall die in my lifetime leaving children or a child living at my decease who shall attain the age of twenty one years or being daughters or a daughter marry under that age then such children or child of such deceased daughter of mine shall take and if more than one in equal shares as nearly as may be the share in the said jewellery which such deceased daughter would have taken had she survived me and I declare that the decision of my trustees as to the division of my jewellery is to be binding and final it being my earnest wish and desire that my children and grandchildren shall accept the provisions of this my will and the decisions of my trustees without dispute or discussion.

5. I bequeath the following legacies that is to say -
(a) to my sister Caroline Borntraeger or if she shall predecease me then to her two daughters in equal shares if they shall both survive me or if only one of them shall survive me then to such daughter alone the sum of one thousand pounds provided that at the time of my death the law of England permits my said sister or her daughters or daughter (as the case may be) to receive the same
(b) to each of my nieces the daughters of my late sister Ellen Bell who shall be living at my death the sum of one hundred pounds and to my said sisters son George Finlayson Bell the sum of one hundred pounds
( c) to my nephew Everard Hamilton the sum of one hundred pounds
(d) to my niece Florence Hamilton the sum of fifty pounds my reason for not giving her a larger legacy being that my son Viscount Rothermere has promised to look after her
(e) To my nephew Arthur Hendry the sum of one hundred pounds
(f) To Francis Hendry son of the said Arthur Hendry the sum of one hundred pounds
(g) To my granddaughter Enid Madeline Stokes the sum of one hundred pounds
(h) To my Chauffeur William Critcher if at the time of my death he is in my service and not under notice to leave (either given or received) the sum of one hundred pounds
(i) To my gardener Frank Upton if at the time of my death he is in my service and not under notice to leave (either given or received) the sum of one hundred pounds
(j) To my former Butler Edward Mansell the sum of fifty pounds (k) To David Ridley (who has been my Butler and now renders some services to me) the sum of fifty pounds
(l) To my executors hereinbefore named the sum of two thousand five hundred pounds which (without imposing any legal obligation or trust upon them) I request them to apply in accordance with such wishes as may be expressed in any signed letter or memorandum referring to such legacy which may be left by me
(m) To every servant and person who shall have been in my employment for not less than one year and shall be in my regular employment at the date of my death and not then under notice to leave either given or received (but excluding persons employed on occasional work and excluding every servant to whom a pecuniary legacy or annuity is bequeathed by my will or any codicil thereto) a sum equivalent to one years salary or wages (exclusive of board wages in the case of each such person who has been in my employment for five years or more and in the case of each such person who has been in my employment for less than five years but not less than one year a sum equivalent to three months wages exclusive as aforesaid.

6. I bequeath the following annuities that is to say -
(a) If and so long as the law of England permits her to receive the same To my sister Caroline Borntraeger an annuity of one hundred and fifty pounds during her life and without power of anticipation during coverture in addition to every other benefit which she may receive under this my Will or any codicil hereto
(b) To my housemaid Olive (sometimes called Edith) Street if she is in my service at the time of my death and not under notice to leave either given or received an annuity of one hundred pounds during her life without power of anticipation during coverture And I declare that each of the said annuities shall be payable quarterly the first payment thereof to be made at the expiration of three calendar months from my death
And I authorise my trustees to provide for the payment of any annuity bequeathed by this my will or any codicil hereto either by purchasing a Government annuity or an annuity from an Insurance Office of by setting apart as an annuity fund investments the income whereof shall in the opinion of my trustees be sufficient at the time of setting apart to pay such annuity and any annuity so provided for shall cease to be a charge on the residue of my estate and become solely charged on the annuity purchased or on the income and capital (but primarily on the income) of the investments so set apart And I declare that upon the cesser of any annuity the annuity fund (if formed) or so much (if any) thereof as my trustees do not think necessary to retain to answer any remaining annuity shall fall into and form part of my residuary estate and any surplus income of the annuity fund after payment of the annuity or annuities for the time being charged thereon shall be applied in the same manner as income of my residuary estate And I further declare that until any annuity shall be provided for in manner aforesaid the same shall be paid out of the income of my estate.

7. I direct that all specific and pecuniary legacies and annuities hereinbefore bequeathed or given are to be transferred or paid free from all death duties payable at my death and that if any duty becomes payable on my death in respect of a sum of five thousand pounds which I gave to my granddaughter now Enid Madeline Stokes on her marriage the same shall be paid out of my personal estate

8. I devise and bequeath to my trustees free of all duties my freehold house known as Southdown Lodge Clayton Sussex with all the furniture and contents thereof Upon trust that they shall sell the same and shall invest the proceeds of such sale in their names in or upon any of the investments hereby authorized and shall hold the said investments and the income thereof Upon trust to apply such income for the maintenance and benefit of my son Charles in such manner as they shall think fit and after his death upon the trusts hereinafter declared concerning my residuary estate provided always that my trustees may postpone the sale of the said house and contents or either of them for so long as they shall think fit and until the sale thereof may permit (and it is my wish although I impose no legal obligation upon them that they shall permit) my said son to have the use and enjoyment thereof during his life free of rent Provided also that my trustees may pending the sale of the said house exercise over or in relation thereto all such powers of leasing and of accepting surrenders of leases and of entering into varying and rescinding contracts in that behalf and all powers incidental or subsidiary thereto respectively as are by the Settled Land Acts 1882 to 1890 conferred on a tenant for life in possession of land and may let with such house the said contents thereof or any part thereof and so that in the event of the said house and contents or either of them being let the rent thereof shall be applied by my trustees in the manner hereinbefore directed with regard to the income arising from the investments of the proceeds of sale of the said house and contents.

10. I give devise and bequeath all my property not otherwise disposed of by this my will (including property over which I may at my death have a general power of appointment or disposition by will) unto my trustees Upon trust to divide the same between my children Geraldine Adelaide Hamilton King Violet Grace Wild Christabel Rose Burton Vyvyan George Harmsworth and William Albert St John Harmsworth in equal shares Provided always that if either of my last mentioned children shall die in my lifetime leaving a child or children who being male shall attain the age of twenty one years or being female shall attain that age or marry then such child or children shall take and if more than one in equal shares as nearly as may be the share in my residuary estate which his her or their parent would have taken if he or she had survived me and if either of my said children shall die before me without leaving any such child or children then his or her share of my residuary estate shall be divided between the others of my said children or their children in the respective shares in which they shall be entitled to the remainder of my residuary estate And I declare that every decision of my trustees as to the division of my residuary estate or any part thereof shall be final and binding on all persons interested therein

11. My trustees may invest any moneys which may at any time require investment in or upon
(a) Any securities for the time being authorized by law for the investment of trust funds
(b) Any of the public stocks or funds or Government securities of the United kingdom or India or any British colony or dependency or Province of a British Colony or dependency or of any foreign country or of any of the United States of America
( c) Any Securities the interest on which is or shall be guaranteed by the Imperial Parliament
(d) The stocks funds debentures or securities of any Public Municipal or loc l body or authority of the United kingdom or in the stocks funds debentures or securities of any such body or authority as aforesaid in India or any British Colony or dependency or any foreign country
(e) The bonds debentures or debenture stock of any corporation or company or public body established in the United kingdom or India or any Dominion or Colony or dependency of the United kingdom or in any foreign country
(f) The preferred or preference or guaranteed stock or shares of any Corporation or Company or public body established in the United kingdom or India or any Dominion or Colony or Dependency of the United Kingdom which shall have paid dividends upon its ordinary capital at the rate of at least three per cent per annum for the last five years prior to the time of investment of which fact a letter purporting to be signed by the Secretary of the Company or by a Banker or member of a firm of Bankers or by the Secretary or Manager of a Joint Stock Bank or of any branch thereof or by a member of the London Stock Exchange shall be sufficient evidence And my trustees may from time to time vary any such investments by changing the same into others of a nature hereby authorised

12. I declare that my Executors or trustees shall not be bound in any case to act personally but shall be at full liberty to employ a Solicitor or any other agent to transact all or any business of whatsoever nature required to be done in the premises (including the receipt and payment of money) and shall be entitled to be allowed and be paid all charges and expenses so incurred and shall not be answerable for the default of such solicitor or agent or for any loss occasioned by his employment

13. I declare that it is my intention that every person who shall take any benefit under my will or any codicil thereto and also under any Settlement Deed of Appointment or other disposition made by me in my lifetime is to receive the benefits given to him or her by my will or any codicil in addition to the benefits given to him or her by any such settlement deed or appointment or disposition

14. I declare that if any person shall dispute the validity of or shall refuse to confirm my will or any codicil thereto if required so to do by my trustees such person shall forfeit all benefits by my will or any codicil given to him or her and the same not being residuary or a share in my residuary estate shall fall into my residuary estate or being a share in my residuary estate shall (together with any addition which may accrue thereto by virtue of this provision) go to the other persons entitled to my residuary estate as if the person incurring such forfeiture had not been included in the gift of my residuary estate IN WITNESS whereof I have to this my will contained in this and the five preceding sheets of paper set my hand the day and year first above written

GERALDINE M HARMSWORTH

Signed by the said Geraldine Mary Harmsworth the testatrix as and for her last will and testament in the presence of us both present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses - clause 9 of the said will having first been struck out -

G E Shrimpton 28 Old Queen Street Westminster S W I. Solicitor

T W Taplay Clerk to Messrs Radcliffes & Hood Solrs 28 Old Queen Street Westminster S W.

THIS IS A CODICIL to the will of me Geraldine Mary Harmsworth of Poynters Hall Totteridge in the County of Herts Widow which will is dated the third day of September 1924

1. I bequeath to my Chauffeur William Critcher if at the time of my death he is in my service and not under notice to leave (either given or received) the sum of one thousand pounds free of duties instead of the sum of one hundred pounds bequeathed to him by my said will

2. I reduce the annuity given by my said will to Olive Street of fifty two pounds free of duties as she is already provided for by the will of my late son Viscount Northcliffe

3. I revoke the legacy of fifty pounds given by my said will to my former butler Edward Mansell and in lieu thereof I bequeath to him an annuity of fifty two pounds free of duties during his life

4. I bequeath to Mrs Julia Margeson c/o Mrs Philpot of 20 Aboyne Road Tooting an annuity of fifty two pounds free of duties during her life

5. I direct that the said annuities shall be paid quarterly and that the first payments thereof shall be made at the expiration of three months after my death

IN WITNESS WHEREOF I have hereto set my hand this twenty second day of June 1925 - GERALDINE M HARMSWORTH - Signed by the above named Geraldine Mary Harmsworth as a codicil to her will in the presence of us both being present at the same time who at her request in her presence and in the presence of each other have hereto subscribed our names as witnesses -
G E Shrimpton 10 Little College Street Westminster S W I. Solicitor. -
Emily Druce The Old House Totteridge Herts N. 20. Domestic Servant.

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

(Listed in the margin next to this will the following)
Fiat August 11/26. Horwood C. J. Resealed August 11/26 Estate sworn at $4,294.00 at $3000.00.

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