NL GENWEB

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

Newfoundland will books volume 8 page 483-485 probate year 1908

Will of Theodore Henry Tyndall

 In re     Theodore H. Tyndall     deceased.

    This is the last will and Testament of me Theodore Henry Tyndall (sometimes known and described as Theodore Tyndall) of Chagford in the County of Devon Gentleman - I direct my funeral and testamentary expenses and debts to be paid - I devise my freehold farm known as Easton and Whitesbury and also my share in the freehold property in Newfoundland (commonly known as the Keens Estate unto and to the use of my sister Clara Tyndall for and during her life without impeachment of waste and after the decease of my said sister I devise the same respectively unto and to the use of the child or children of the said Clara Tyndall and if there should be more than one child of the said Clara Tyndall then to be divided equally between them but for their his or her own absolute use     And in case if there should be no child of the said Clara Tyndall who being a son shall attain the age of twenty-one years or being a daughter shall attain that age or marry then I devise the before mentioned freehold properties unto and to the use of my Father Joseph Tyndall (now residing in New Zealand) for and during his life without impeachment of waste and after his decease I devise the same respectively to his children by his present wife (formerly Eleanor Shute) to be equally divided between them absolutely and I hereby declare that my said sister Clara Tyndall of Chagford aforesaid and Cecil Henry Lanfear of 110 Cannon Street in the City of London Solicitor (whom I hereby constitute Trustees of this my will) and the survivor of them and the executors or administrators of such survivor or other the Trustees or Trustee for the time being of this my will shall be the Trustees for the purposes of the Settled Land Act 1882 of the Settlement created by this my will.

And as to all the rest and residue of my estate and effects whatsoever and wheresoever both real and personal I give devise and bequeath the same unto my said sister Clara Tyndall for her absolute use and benefit And I appoint my said Sister Clara Tyndall and the said Cecil Henry Lanfear Executors of this my will. And I hereby declare that any Executors and Trustees or Trustee for the time being of this my will may in their her or his uncontrolled discretion employ and pay a Solicitor to transact any business or do any act of whatever nature required to be done in the premises and that any Executor or Trustee hereof being a Solicitor may be so employed or act and shall be entitled to charge and be paid all professional charges for any business or act done by him or his firm in connection with the trust including acts which an Executor or Trustee could have done personally
In witness whereof I have hereunto set my hand this sixth day of July one thousand eight hundred and ninety-six (sgd) Theodore H. Tyndall Signed by the said Theodore Henry Tyndall the Testator as and for his last will and Testament in the presence of us at his request in his presence and in the presence of each other all being present at the same time have hereunto subscribed our names as witnesses     Thomas Taylor Coniam, Waze, Chagford, Gentleman
John Hooper, Land Agent, Hillsboro Chagford

Certified correct,
D. M. Browning
Registrar
(Listed in the margin next to this will the following)
Fiat
Oct 22/08
Emerson J.
Re-sealed
Nov 2. 1908
$20.000.00

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