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 9 pages 220-227 probate year 1911

Will of James S. Twysden
IN RE: JAMES STEVENSON TWYSDEN. DECEASED I, James Stevenson Twysden of Churston House Kingsbridge in the County of Devon a Captain on the Retired List of His Majesty's Navy and a Justice of the Peace for the County of Devon hereby revoke all former wills and Codicils made by me and declare this to be my last will. 1. I appoint my wife Aileen Frances Mary Twysden Marmaduke D' Arcy Wyvill of Constable Barton Yorkshire Esquire and Ashley Anthony Froude of Collspit House near Kingsbridge aforesaid esquire to be the Executors and Trustees of this my will. 2 I bequeath to my said wife absolutely all my jewels trinkets watches personal ornaments and wearing apparel and also all my wines liquors provisions and consumable stores. 3. I bequeath the following pecuniary legacies free of all duties To my wife the said Aileen Frances Mary Twysden the sum of three hundred and fifty pounds to be paid to her as soon after my decease as possible. To each of my Trustees other than my said wife who shall prove my will and act in the trusts thereof the sum of One hundred pounds. To my sister Isabella (Lady Fergusson) the sum of one hundred pounds wherewith to purchase some memento of me. To each of my Domestic outdoor and indoor servants Gardeners Coachmen Grooms and Keepers in my service at my decease who shall not be under notice to leave and who shall at my death have been in such service for twenty years and upwards four years wages. To each of such servants as aforesaid as shall at my decease have been in my service for fifteen years and upwards three years wages To each of such servants as aforesaid as shall at my decease have been in my service for ten years and upwards two years wages and To each of such servants as aforesaid as shall at my decease have been in my service for five years and upwards one years wages in addition to any moneys owing to such servants respectively by me at my decease. 4 I devise to my wife the said Aileen Frances Mary Twysden in fee simple all that my freehold messuage or tenement with the outbuildings and lands belonging thereto know as Churston House aforesaid now in my occupation together also with the lands adjoining thereto called Rider's and Davies Tenement now partly in my own occupation and partly in the occupation of John Cornish Langworthy as my tenant. 5 I devise and bequeath all my real estate of every tenure and all my personal estate and effects whatsoever and wheresoever not hereby otherwise disposed of and subject as aforesaid unto and to the use of my Trustees their heirs executors and administrators respectively according to the nature thereof upon the trusts and subject to the powers and provisions herein declared and contained concerning the same that is to say upon trust to permit my said wife to have the use and enjoyment of all my pictures books furniture plate silver china and other effects of domestic or household use or ornament and all my carriages horses harness and stable utensils during her life she keeping the same property insured against fire. And I declare that my Trustees shall not be concerned to see to the insurance thereof or be liable for any loss or damage which may happen thereto from any cause whatsoever and my said wife shall be under no obligation to replace any chattel article or thing as aforesaid which may be lost or become worn out unserviceable or useless. And subject to the trust hereinbefore declared by Trustees shall have power to sell call in collect and convert into money my said real and personal estate at such time or times and in such manner as they shall think fit with full power and discretion to postpone such sale calling in and conversion of the whole or any part or parts of the said premises including leaseholds or other property of a terminable or wasting nature during such period as they shall think proper and to retain the same or any part thereof in its present form of investment without being responsible for loss. 6. My Trustees shall out of the money to arise from the sale and conversion of my said real personal estate and out of my ready money pay my funeral and testamentary expenses and debts except mortgage debts (if any) on property specifically devised or bequeathed which debts are to be paid primarily out of the property charged therewith and shall also pay or provide for the legacies and annuities hereby or by any Codicil hereto bequeathed and the duties payable in respect of such legacies and annuities as are bequeathed free of duty. And shall invest the residue of the said moneys in manner herein mentioned and shall stand possessed of the investments hereby directed to be made or authorized to be retained (hereinafter called "the trust fund") and of the annual income thereof upon the trusts following. 7. My Trustees shall out of the income of the trust fund after providing for the payment of the cost of repairs insurance and other necessary expenses incurred by them in relation to the execution of the trusts declared by this my will pay to my said wife during her life for her separate use the sum of three thousand pounds per annum by equal quarterly payments And shall pay to my son Roger Thomas Twysden from the date of my death and until he shall attain the age of twenty five years such a yearly sum not exceeding the sum of Two hundred pounds as my said wife if living in her sole discretion shall deem advisable and my Trustees shall until such time as my said son Roger Thomas Twysden attains the age of twenty five years accumulate the surplus (if any) of the income of the trust fund by investing the same and the resulting income thereof at compound interest in any of the investments hereby authorized and shall on my said son Roger Thomas Twysden attaining the age of twenty five years pay or transfer to him absolutely the whole of such accumulations and thence forth pay the whole of the income of the trust fund after providing for repairs management and necessary expenses as specified in clause 7 aforesaid and after providing for the annuity of three thousand pounds hereinbefore given to my said wife during her life unto my said son Roger Thomas Twysden absolutely during the lifetime of my said wife. 8. From and after the death of my said wife my Trustees shall stand possessed of the trust fund and the capital and income thereof upon trust to pay to my younger son William Adam Duncan Twysden if and when he shall attain the age of twenty five years the sum of twelve thousand pounds and upon further trust to pay to each of my Daughters or any Daughter of mine who attains or shall have attained the age of twenty one years or marries the sum of eight thousand pounds for her sole and separate use and upon further trust as to the balance of the trust fund and the capital and income thereof to pay the same to my said son Roger Thomas Twysden if and when he attains the age of twenty five years. 9. And I hereby declare that (notwithstanding any thing hereinbefore contained to the contrary) in the event of my said son Roger Thomas Twysden dying before he shall have attained the age of twenty five years and without leaving issue male him surviving then any benefit given to him under clauses 7 and 8 of this my will shall on his death cease and determine and my will shall be read as if the name of my second son the said William Adam Duncan Twysden had been inserted in clauses 7 and 8 hereof instead of and in the place of the name of my son Roger Thomas Twysden and I further declare that in case this clause shall become operative the benefits to be received by my said son William Adam Duncan Twysden under this substitutionary clause shall be in lieu of any benefits given to my said son William Adam Duncan Twysden under clause 8 hereof and in such event each or any of my Daughters who is entitled to receive any part of the trust fund under the trusts declared in clause 8 hereof is to receive and to be paid out of the sum of twelve thousand pounds given to my said son William Adam Duncan Twysden by clause 8 hereof a further sum of one thousand pounds in addition to the sum of eight thousand pounds given to her by such last mentioned clause and further that in the event of my said son Roger Thomas Twysden dying under the age of twenty five years leaving him surviving a Daughter or Daughters only and no Son such Daughter or Daughters of my said son Roger Thomas Twysden shall take between them if more than one in equal shares the sum of nine thousand pounds which is also to be paid out of the sum of twelve thousand pounds given to my said son William Adam Duncan Twysden by clause 8 hereof. 10. I hereby further declare that in the event of both of my said sons dying before attaining the age of twenty-five years and without leaving issue male them or him surviving then from and after the death of my said wife my Trustees shall stand possessed of the trust fund and the capital and income thereof In trust for all or any my Daughters or Daughter who have attained or shall attain the age of twenty one years or have married or shall marry under that age and if more than one in equal shares. And I further declare that in the event of both of my said sons dying without attaining the age of twenty five years leaving a Daughter or Daughters him or them surviving but no Son such Daughters or Daughter shall if the trust fund comes to be divided between my own Daughters or Daughter under the previous provisions of this clause receive out of the trust fund a sum equal to the share of a Daughter of mine under the terms of this clause such female representatives of my said son or sons to take per stirpes and not per capita the amount which her or their parent would have taken if such parent had been a Daughter or Daughters of mine and entitled to share therein under the terms of this clause. 11. In case any child of mine being a son shall die under the age of twenty five years leaving lawful issue him surviving or in case any child of mine being a Daughter shall die under the age of twenty one years or having married under that age and leaving lawful issue her surviving then such issue who being male attain the age of Twenty one years or being female attain that age or marry and if more than one as tenants in common in equal shares shall take the share in the trust fund which his her or their parent would have taken had such parent survived me and attained a vested interest therein but this clause shall not be construed so as in any way to reduce or override the benefits hereinbefore given to my said son William Adam Duncan Twysden in the event of his Brother the said Roger Thomas Twysden dying before attaining the age of twenty five years and without leaving issue male him surviving 12. I declare that my Trustees may allow the trust fund or any part thereof to remain in the actual state of investment thereof at the time of my decease so long as they may think fit notwithstanding any direction as to investments herein contained and notwithstanding the fact that such securities may not be of a nature usually regarded as trust securities and without being answerable for any loss or depreciation occasioned thereby. 13. I direct that any monies liable to be invested by my Trustees may be invested in their names in any of the following forms of investment with liberty to vary and transpose the same from time to time namely in any of the investments for the time being allowed by law for the investment of trust funds or in the stocks or funds of any British Colony or Dependency or in the purchase or mortgage of freehold property 14 Lastly the Statutory Power of appointment of new Trustees of this my will shall be exercisable by my said wife during her life In witness whereof I have to this my will contained in this and the five preceding sheets of paper set my hand this seventeenth day of November one thousand nine hundred and eight. James Stevenson Twysden Signed by the Testator the said James Stevenson Twysden as his last will in the presence of us both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses William Davies Solicitor Kingsbridge Devon Thomas Adams, Greyston Kingsbridge J.P. for Devon. Certified correct, D. M. Browning Registrar (Listed in the margin next to this will the following) Fiat Resealed Mar 14/11 Johnson J.

Will of James S. Twysden

IN RE: JAMES STEVENSON TWYSDEN. DECEASED

I, James Stevenson Twysden of Churston House Kingsbridge in the County of Devon a Captain on the Retired List of His Majesty's Navy and a Justice of the Peace for the County of Devon hereby revoke all former wills and Codicils made by me and declare this to be my last will.

1. I appoint my wife Aileen Frances Mary Twysden Marmaduke D' Arcy Wyvill of Constable Barton Yorkshire Esquire and Ashley Anthony Froude of Collspit House near Kingsbridge aforesaid esquire to be the Executors and Trustees of this my will.

2 I bequeath to my said wife absolutely all my jewels trinkets watches personal ornaments and wearing apparel and also all my wines liquors provisions and consumable stores.

3. I bequeath the following pecuniary legacies free of all duties

To my wife the said Aileen Frances Mary Twysden the sum of three hundred and fifty pounds to be paid to her as soon after my decease as possible.
To each of my Trustees other than my said wife who shall prove my will and act in the trusts thereof the sum of One hundred pounds.
To my sister Isabella (Lady Fergusson) the sum of one hundred pounds wherewith to purchase some memento of me.
To each of my Domestic outdoor and indoor servants Gardeners Coachmen Grooms and Keepers in my service at my decease who shall not be under notice to leave and who shall at my death have been in such service for twenty years and upwards four years wages.
To each of such servants as aforesaid as shall at my decease have been in my service for fifteen years and upwards three years wages
To each of such servants as aforesaid as shall at my decease have been in my service for ten years and upwards two years wages
and To each of such servants as aforesaid as shall at my decease have been in my service for five years and upwards one years wages in addition to any moneys owing to such servants respectively by me at my decease.

4 I devise to my wife the said Aileen Frances Mary Twysden in fee simple all that my freehold messuage or tenement with the outbuildings and lands belonging thereto know as Churston House aforesaid now in my occupation together also with the lands adjoining thereto called Rider's and Davies Tenement now partly in my own occupation and partly in the occupation of John Cornish Langworthy as my tenant.

5 I devise and bequeath all my real estate of every tenure and all my personal estate and effects whatsoever and wheresoever not hereby otherwise disposed of and subject as aforesaid unto and to the use of my Trustees their heirs executors and administrators respectively according to the nature thereof upon the trusts and subject to the powers and provisions herein declared and contained concerning the same that is to say upon trust to permit my said wife to have the use and enjoyment of all my pictures books furniture plate silver china and other effects of domestic or household use or ornament and all my carriages horses harness and stable utensils during her life she keeping the same property insured against fire. And I declare that my Trustees shall not be concerned to see to the insurance thereof or be liable for any loss or damage which may happen thereto from any cause whatsoever and my said wife shall be under no obligation to replace any chattel article or thing as aforesaid which may be lost or become worn out unserviceable or useless. And subject to the trust hereinbefore declared by Trustees shall have power to sell call in collect and convert into money my said real and personal estate at such time or times and in such manner as they shall think fit with full power and discretion to postpone such sale calling in and conversion of the whole or any part or parts of the said premises including leaseholds or other property of a terminable or wasting nature during such period as they shall think proper and to retain the same or any part thereof in its present form of investment without being responsible for loss.

6. My Trustees shall out of the money to arise from the sale and conversion of my said real personal estate and out of my ready money pay my funeral and testamentary expenses and debts except mortgage debts (if any) on property specifically devised or bequeathed which debts are to be paid primarily out of the property charged therewith and shall also pay or provide for the legacies and annuities hereby or by any Codicil hereto bequeathed and the duties payable in respect of such legacies and annuities as are bequeathed free of duty. And shall invest the residue of the said moneys in manner herein mentioned and shall stand possessed of the investments hereby directed to be made or authorized to be retained (hereinafter called "the trust fund") and of the annual income thereof upon the trusts following.

7. My Trustees shall out of the income of the trust fund after providing for the payment of the cost of repairs insurance and other necessary expenses incurred by them in relation to the execution of the trusts declared by this my will pay to my said wife during her life for her separate use the sum of three thousand pounds per annum by equal quarterly payments And shall pay to my son Roger Thomas Twysden from the date of my death and until he shall attain the age of twenty five years such a yearly sum not exceeding the sum of Two hundred pounds as my said wife if living in her sole discretion shall deem advisable and my Trustees shall until such time as my said son Roger Thomas Twysden attains the age of twenty five years accumulate the surplus (if any) of the income of the trust fund by investing the same and the resulting income thereof at compound interest in any of the investments hereby authorized and shall on my said son Roger Thomas Twysden attaining the age of twenty five years pay or transfer to him absolutely the whole of such accumulations and thence forth pay the whole of the income of the trust fund after providing for repairs management and necessary expenses as specified in clause 7 aforesaid and after providing for the annuity of three thousand pounds hereinbefore given to my said wife during her life unto my said son Roger Thomas Twysden absolutely during the lifetime of my said wife.

8. From and after the death of my said wife my Trustees shall stand possessed of the trust fund and the capital and income thereof upon trust to pay to my younger son William Adam Duncan Twysden if and when he shall attain the age of twenty five years the sum of twelve thousand pounds and upon further trust to pay to each of my Daughters or any Daughter of mine who attains or shall have attained the age of twenty one years or marries the sum of eight thousand pounds for her sole and separate use and upon further trust as to the balance of the trust fund and the capital and income thereof to pay the same to my said son Roger Thomas Twysden if and when he attains the age of twenty five years.

9. And I hereby declare that (notwithstanding any thing hereinbefore contained to the contrary) in the event of my said son Roger Thomas Twysden dying before he shall have attained the age of twenty five years and without leaving issue male him surviving then any benefit given to him under clauses 7 and 8 of this my will shall on his death cease and determine and my will shall be read as if the name of my second son the said William Adam Duncan Twysden had been inserted in clauses 7 and 8 hereof instead of and in the place of the name of my son Roger Thomas Twysden and I further declare that in case this clause shall become operative the benefits to be received by my said son William Adam Duncan Twysden under this substitutionary clause shall be in lieu of any benefits given to my said son William Adam Duncan Twysden under clause 8 hereof and in such event each or any of my Daughters who is entitled to receive any part of the trust fund under the trusts declared in clause 8 hereof is to receive and to be paid out of the sum of twelve thousand pounds given to my said son William Adam Duncan Twysden by clause 8 hereof a further sum of one thousand pounds in addition to the sum of eight thousand pounds given to her by such last mentioned clause and further that in the event of my said son Roger Thomas Twysden dying under the age of twenty five years leaving him surviving a Daughter or Daughters only and no Son such Daughter or Daughters of my said son Roger Thomas Twysden shall take between them if more than one in equal shares the sum of nine thousand pounds which is also to be paid out of the sum of twelve thousand pounds given to my said son William Adam Duncan Twysden by clause 8 hereof.

10. I hereby further declare that in the event of both of my said sons dying before attaining the age of twenty-five years and without leaving issue male them or him surviving then from and after the death of my said wife my Trustees shall stand possessed of the trust fund and the capital and income thereof In trust for all or any my Daughters or Daughter who have attained or shall attain the age of twenty one years or have married or shall marry under that age and if more than one in equal shares. And I further declare that in the event of both of my said sons dying without attaining the age of twenty five years leaving a Daughter or Daughters him or them surviving but no Son such Daughters or Daughter shall if the trust fund comes to be divided between my own Daughters or Daughter under the previous provisions of this clause receive out of the trust fund a sum equal to the share of a Daughter of mine under the terms of this clause such female representatives of my said son or sons to take per stirpes and not per capita the amount which her or their parent would have taken if such parent had been a Daughter or Daughters of mine and entitled to share therein under the terms of this clause.

11. In case any child of mine being a son shall die under the age of twenty five years leaving lawful issue him surviving or in case any child of mine being a Daughter shall die under the age of twenty one years or having married under that age and leaving lawful issue her surviving then such issue who being male attain the age of Twenty one years or being female attain that age or marry and if more than one as tenants in common in equal shares shall take the share in the trust fund which his her or their parent would have taken had such parent survived me and attained a vested interest therein but this clause shall not be construed so as in any way to reduce or override the benefits hereinbefore given to my said son William Adam Duncan Twysden in the event of his Brother the said Roger Thomas Twysden dying before attaining the age of twenty five years and without leaving issue male him surviving

12. I declare that my Trustees may allow the trust fund or any part thereof to remain in the actual state of investment thereof at the time of my decease so long as they may think fit notwithstanding any direction as to investments herein contained and notwithstanding the fact that such securities may not be of a nature usually regarded as trust securities and without being answerable for any loss or depreciation occasioned thereby.

13. I direct that any monies liable to be invested by my Trustees may be invested in their names in any of the following forms of investment with liberty to vary and transpose the same from time to time namely in any of the investments for the time being allowed by law for the investment of trust funds or in the stocks or funds of any British Colony or Dependency or in the purchase or mortgage of freehold property

14 Lastly the Statutory Power of appointment of new Trustees of this my will shall be exercisable by my said wife during her life

In witness whereof I have to this my will contained in this and the five preceding sheets of paper set my hand this seventeenth day of November one thousand nine hundred and eight. James Stevenson Twysden Signed by the Testator the said James Stevenson Twysden as his last will in the presence of us both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses William Davies Solicitor Kingsbridge Devon Thomas Adams, Greyston Kingsbridge J.P. for Devon.

Certified correct,
D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat Resealed Mar 14/11 Johnson J.