THIS IS THE LAST WILL AND TESTAMENT of me JOHN HENRY PARRY
residing and domiciled in Sydney in the State of New South Wales Commonwealth of Australia Contractor.
I REVOKE all Wills and Testamentary dispositions by me at any time heretofore made.
I APPOINT THE PERPETUAL TRUSTEE COMPANY LIMITED whose registered office is in Spring Street Sydney aforesaid (hereinafter called " my Trustee ") Executor and Trustee of this my Will.
I GIVE AND DEVISE AND BEQUEATH all my household furniture plate glass linen china books (other than any album or book containing stamps) pictures musical Instruments and other household effects and all jewellery (other than my gold watch and chain) of which I shall die possessed to my Wife Maud Parry absolutely I GIVE AND BEQUEATH my gold watch and chain to my step son Reginald Freeman for his own absolute use
I GIVE AND DEVISE my house and land, situated in Rosehill Street Parramatta near Sydney aforesaid to my cousin Thomas Parry of Auburn aforesaid absolutely if he survive me or if he shall have predeceased me then to his Wife Alice Parry absolutely if she shall survive me. If both the said Thomas Parry and Alice Parry his Wife shall have predeceased me then I DIRECT that such house and land shall fall into and form part of my residuary estate
I GIVE AND DEVISE my cottage and land situated at the corner of Sydney Road and Kemp Street Granville aforesaid to my Trustee Upon Trust to allow Elizabeth Parry wife of my Uncle Thomas Edwards Parry during her life to have the free use and occupation thereof or to receive the rents and profits thereof during her life she paying all rates and taxes that may be assessed thereon or on her or my Trustee in respect thereof and keeping the same in good tenantable repair and insured against loss or damage by fire in the full insurable value thereof in the name of my Trustee in some public Insurance Office carrying on business in Sydney aforesaid approved of by my Trustee and from and immediately after the death of the aforesaid Elizabeth Parry Upon Trust for my cousin William Parry of Granville aforesaid son of the said Thomas Edwards Parry absolutely I GIVE DEVISE AND BEQUEATH the rest and residue of the Estate both real and personal and wheresoever situate of which I shall die possessed or which I now have or at the time of my death shall have power to appoint or dispose of by Will to my Trustee UPON TRUST that it shall sell call in collect and convert the same into money and shall receive and invest the nett proceeds of such calling in collection and conversion, and such part of my residuary estate as shall consist of money ( all of which are hereinafter referred to as " my residuary trust funds") and shall stand possessed of the corpus of my residuary trust funds and the Income arising therefrom upon the trusts following that is to say.:
1. Upon Trust to raise by mortgage or otherwise as it thinks fit on the whole or any part of the corpus of my residuary trust funds and upon such terms and conditions as my Trustee thinks fit (including the right to borrow from itself or from my Estate) such sum or sums of money as my Trustee shall require to pay and liquidate my just debts funeral and testamentary expenses including the commission payable to my Trustee upon the corpus of my estate and the Probate and Death dues payable in respect of my estate in the State of New South Wales or in the United Kingdom or elsewhere and also all costs charges and expenses of and incidental to the proving of my Will and the resealing of the Probate of my Will and every Codicil thereto in the State of New South Wales and in the United Kingdom and in any other place my Trustee shall deem it advisable or necessary to obtain such Probate or Reseal and to apply the amount so raised for the purpose aforesaid.
2. And as to the income to arise from my residuary trust funds or the investments or securities for the time being representing the same I direct that my Trustee shall
2A. In the first place pay there out the following annuities to the following persons during their respective lives free of all deductions whatsoever by equal quarterly payments the first whereof shall be made at the end of three calendar months after my death that is to say:
Name of Annuitant. | Particulars of Annuity |
My Wife Maud Parry. | Five hundred and twenty pounds
per annum. |
My Sister Maria Jane Kovolenko
of Soumy in Russia. |
One hundred. and fifty six
pounds per annum, |
Elizabeth Parry Wife of
my said Uncle Thomas Edwards Parry |
Fifty two pounds per annum. |
2B. And in the next place accumulate and from time to time apply the rest and residue of such income in or towards payment and liquidation of the amount so raised by my Trustee in accordance with the aforesaid direction together with interest accrued accruing or to accrue thereon and
2C. And after the amount so raised as aforesaid with such interest shall have been fully paid pay out of such income and in such order as my Trustee shall in its absolute uncontrollable discretion decide ( and I declare that the decision of my Trustee shall be final) the following bequests namely, :--
To William Bennett Johns of Lane Cove River near Sydney aforesaid the sum of Fifty pounds should he survive me or should he predecease me then the same sum to his Wife Ethel Johns if she shall survive me.
To Charles Carne of Mosman New South Wales should he survive me the sum of Fifty pounds or should he predecease me the same sum to his Wife Alice Carne if she shall survive me.
To Rebecca Ahrenfeldt of Rockdale Widow the sum of Fifty pounds if she survive me but should she predecease me such sum of Fifty pounds to her daughter now living if she shall survive me
2D. And in the next place pay out of such income the following annuities to the following persons during their respective lives free of all deductions whatsoever.
Name of Annuitant. | Particulars of Annuity. |
Catherine Crawford now a Spinster
daughter of G.F.Crawford. of Melbourne. |
Fifty two pounds per annum. |
Valentine Crawford now a Bachelor son of G.F.Crawford. of Melbourne, |
Fifty two pounds per annum. |
Mary or May Dance now of Melbourne
aforesaid the Widow of W.E.Dance. |
Fifty two pounds per annum. |
Annie Parry wife of my Brother Thomas O'Hara Parry of San Francisco, California, U.S.A. |
Two hundred and eight pounds per annum. |
Lucy Travell Wife of G.T. Travell
of Meadowbank, N.S.W. |
Forty pounds per annum. |
Lucy Johnston (born Clark) of Bradford England Married Woman. |
Forty pounds per annum. |
Annie Ireland (born Lewis) of Stanmore New South Wales
Married Woman. |
Forty pounds per annum. |
Annie Crawford (born Stodart) now of Beecroft New South Wales Widow of my Cousin Harry Crawford. |
Fifty two pounds per annum |
My Sister Margaret O'Hara Sheperdson
of St.Petersburg Russia. |
One hundred. and four pounds per annum. |
John Sheperdson now of
Johnstown Pennsylvannia U.S.A. son of M. O'H. Sheperdson. |
Fifty two pounds per annum. |
William Sheperdson now of NewYork, U.S.A. Bachelor the son of said. M. O'H. Sheperdson. |
Fifty two pounds per annum. |
Mary Watmough the Elder now of Catford, England, Widow of my late Uncle Henry Watmough. |
One hundred and four pounds per annum. |
Herbert Watmough of London England,
son of said Henry Watmough. |
Forty pounds per annum. |
Thomas Parry son of Thomas Edwards Parry
of Auburn, New South Wales. |
Forty pounds per annum. |
William Parry son of Thomas Edwards Parry of Granville New South Wales, |
Fifty two pounds per annum. |
Lydia Kirke of West Guildford West Australia
daughter of said Thomas Edwards Parry. |
Fifty two pounds per annum. |
William C. Johnston of Calverley Yorkshire England
son of the said Lucy Johnston. |
Sixty four pounds per annum |
Ellen Theodosia Marshall daughter
of the said G.F. Crawford of Melbourne. |
Forty pounds per annum. |
Jane Garland Wife of Henry Garland
of Beecroft New South Wales |
Forty pounds per annum. |
Elizabeth Dance of Melbourne now a Spinster
daughter of said W.E.Dance. |
Forty pounds per annum. |
Clara Rowntree of Quirlindi New South Wales
daughter of said W.E.Dance. |
Forty pounds per annum. |
Florence Dance now of Melbourne a Spinster daughter of the said W.E.Dance. |
Forty pounds per annum. |
Edith Evans daughter of Henry Snaith of Birkenhead. England |
Forty pounds per annum. |
Emilie Jean Ware now a Spinster of North Sydney New South Wales, |
Forty pounds per annum. |
Minnie Davies now a Spinster of Brierley Hill, Staffordshire, England. |
Forty pounds per annum. |
Ethel Linda Defries (born Lake) Married Woman of Redfern, New South Wales. |
Forty pounds per annum. |
Ada Violet Brooks late of Brockweir England now of Sydney. |
Forty pounds per annum. |
Esther Lineker now a Spinster of Toorak, Melbourne. |
Forty pounds per annum. |
Emily Bow now a Spinster, daughter of Robert Bow of Balmain New South Wales, |
Forty pounds per annum. |
Zoe M, Greenwood (born Rowland)
now of Hampstead, England, |
Forty pounds per annum. |
Laura Pascoe now a spinster of Lane Cove River, New South Wales, |
Forty pounds per annum. |
Emma Moffatt (born Forth) Married Woman of Oxley, Queensland. |
Forty pounds per annum. |
Jean Helen Clauson (born Moffatt) Married Woman of Indooroopilly, Queensland. |
Forty pounds per annum. |
2E. And in the next place I direct :
That after the death of the said Valentine Crawford or after my death whichsoever shall last happen an annuity of Fifty two pounds per annum shall be paid to the Widow (if any) of the said Valentine Crawford during her lifetime and widowhood if she so long remain a Widow and if she shall have been married to the said Valentine Crawford prior to my death such Annuity however to cease on her re-marriage.
That should the said Annie Crawford Widow of my Cousin Harry Crawford be married again during her lifetime or after my death the Annuity of Fifty Two pounds per annum hereinbefore bequeathed to her shall during the lifetime of any husband with whom she may intermarry be reduced to the sum of Forty pounds per annum but that the Annuity shall in the event of her again becoming a Widow be increased to the sum of Fifty Two pounds per annum so often and so long as she is a Widow.
That after the death of the said Annie Crawford or after my death whichsoever shall last happen an annuity of Fifty two pounds per annum shall be paid to Marjorie Crawford the daughter of the said Annie Crawford during the lifetime of the said Marjorie Crawford.
That after the death of my said sister Margaret O'Hara Sheperdson or after my death whichever shall last happen the annuities hereinbefore bequeathed to John Sheperdson and William Sheperdson respectively shall each be increased from the sum of Fifty two pounds per annum to the sum of One hundred and four pounds per annum.
That after the death of the said John Sheperdson or after my death whichever shall last happen an annuity of Fifty two pounds per annum shall be paid to Mollie Sheperdson Wife of the said John Sheperdson during her lifetime and after the death of the survivor of my said Sister Margaret O'Hara Sheperdson my nephew the said John Sheperdson and myself such annuity shall be increased from the sum of Fifty two pounds per annum to the sum of One hundred and Four pounds per annum, for so long as she shall continue the Widow of the said John Sheperdson but on her re-marriage the same shall be reduced to the sum of Fifty two pounds per annum.
That after the death of the said William Sheperdson or after my death whichever shall last happen an annuity of Fifty two pounds per annum shall be paid to the Widow (if any) of the said William Sheperdson during her lifetime if she shall have been married to the said William Sheperdson prior to my death and after the death of the survivor of my said sister Margaret O'Hara Sheperdson my nephew the said William Sheperdson and myself such annuity shall be increased from the sum of fifty two pounds per annum to the sum of One hundred and four pounds per annum for so long as she shall continue the widow of the said William Sheperdson but on her re-marriage the same shall be reduced to the sum of Fifty two pounds per annum.
That after the death of Mary Watmough the Elder or after my death whichever shall last happen an annuity of One hundred and four pounds per annum shall be paid in equal shares to her daughters Mary Watmough the Younger and Jane Watmough during their Joint lives and after the death of either the whole of such annuity shall be paid to the survivor of them during her life,
That after the death of the said Herbert Watmough or after my death whichever shall last happen an annuity of Forty pounds per annum shall be paid to the present wife of the said Herbert Watmough during her lifetime.
That after the death of the said Elizabeth Parry mentioned in Clause 2A hereof or after my death whichever shall last happen the annuity of Forty Pounds per annum hereinbefore directed to be paid to her son Thomas Parry shall be increased to Sixty five pounds per annum and the respective annuities of Fifty two pounds per annum each hereinbefore given to her son William Parry and her daughter Lydia Kirke shall be respectively increased from the sums of Fifty two pounds per annum each to the sum of Seventy five pounds per annum each.
That after the death of the said Thomas Parry or after my death whichever shall last happen an annuity of Fifty two pounds per annum shall be paid to Alice Parry the present wife of the said Thomas Parry during her lifetime and after the death of the survivor of the said Elizabeth Parry the said Thomas Parry and myself such annuity shall be increased from the sum of fifty two pounds per annum to the sum of Seventy five pounds per annum for so long as she shall continue the widow of the said Thomas Parry but on her re-marriage the same shall be reduced to the sum of Fifty two pounds per annum.
That after the death of the said William Parry or after my death whichever shall last happen an annuity of Fifty two pounds per annum shall be paid to the Widow (if any) of the said William Parry during her lifetime if she shall have been married to the said William Parry prior to my death and after the death of the survivor of the said Elizabeth Parry the said William Parry and myself such annuity shall be increased to the sum of Fifty two pounds per annum to the sum of Seventy five pounds per annum for so long as she shall continue the Widow of the said William Parry but on her re-marriage the same shall be reduced to the sum of Fifty two pounds per annum.
That after the death of the said Lydia Kirke or after my death whichever shall last happen an annuity of Fifty two pounds per annum shall be divided equally between her sons born prior to my death during their respective lifetimes.
That after the death of the said Lucy Johnston or after my death whichever shall last happen the annuity of Sixty four pounds per annum hereinbefore bequeathed to William C. Johnston shall be increased from the sum of Sixty four pounds per annum to the sum of One hundred and four pounds per annum during his lifetime,
That after the death of the said William C. Johnston or after my death whichever shall last happen the annuity which would be payable to the said William C, Johnston if he continued to live, shall be paid to his present wife during her lifetime.
That after the death of the said Ellen Theodosia Marshall or after my death whichever shall last happen an annuity of Forty pounds per annum shall be divided equally between her sons born prior to my death during their respective lifetimes,
That after the death of the said Jane Garland or after my death whichever shall last happen an annuity of Forty pounds per annum shall be divided equally between her daughters born prior to my death during their respective lifetimes,
That after the death of Edith Evans or after my death whichever shall last happen an annuity of forty pounds per annum shall be paid to her daughter Doris Evans during her lifetime.
That after the death of the said Annie Parry or after my death whichever shall last happen annuities of Fifty two pounds per annum each shall be paid to each child of the said Annie Parry born prior to my death during the respective lifetimes of such children.
2F. And in the next place I direct :
That in case my said Sister Margaret O'Hara Sheperdson shall either before or after my death become a Widow the Annuity of One hundred and four pounds per annum payable to her under this my Will shall so long and so often as she is a Widow be increased to the sum of One hundred and fifty six pounds per annum.
That in case any of the following married women namely:
Lucy Travell
Lucy Johnston
Annie Ireland
Lydia Kirke
Ethel Theodosia Marshall
Jane Garland
Clara Rowntree
Edith Evans
Ethel Linda Defries
Zoe. M. Greenwood
Emma Moffatt
Jean Helen Clauson
shall either before or after my death become a Widow the respective annuities payable to them respectively under this my Will shall be increased by the sum of Twenty five pounds per annum to such of them respectively as shall so become Widows so long and so often as they shall respectively be Widows,
That in case either or both the said Mary Watmough the Younger or the said Jane Watmough shall either before or after my death marry and become a Widow the annual amount hereinbefore made payable to them respectively after the death of the survivor of the said Mary Watmough the Elder and myself shall in such event and so long and so often as she or they shall respectively be a Widow or Widows be increased by the sum of Twenty five pounds per annum.
That in case any of
the said Catherine Crawford
the said Elizabeth Dance
the said Florence Dance
the said Emilie Jean Ware
the said Minnie Davies
the said Ada Violet Brooks
the said Emily Bow
the said Laura Pascoe
shall either before or after my death marry and become a Widow the annuity hereinbefore bequeathed to them respectively shall be increased by the sum of Twenty five pounds so long and so often as they shall respectively be Widows.
AND I DIRECT AND DECLARE that the whole of the Annuities or sums of money in clauses 2E and 2F hereof directed to be paid shall be paid out of the income of my residuary trust funds.
2G. And in the next place during the term of twenty one years to be calculated from my death to accumulate the surplus if any of such income and hold such surplus as part of the corpus of my residuary trust funds Provided nevertheless and I hereby declare that my Trustee may during such period of twenty one years apply the surplus income of any preceding year or years in or towards payment of the annuities hereinbefore directed to be paid in the year or years following the collection of such surplus income should the income collected in any such following year or years be insufficient to pay the whole of the annuities hereinbefore directed to be paid and immediately upon the expiration of the said period of twenty one years to be calculated from my death I direct that all such accumulations of income aforesaid shall absolutely fall into and form part of the corpus of my residuary trust funds and thereafter all surplus income arising from the corpus of my residuary trust funds after payment of all the aforesaid annuities shall until the death of the last surviving annuitant be divided equally between and among the following Institutions namely The Carrington Centennial Hospital at Camden in the State of New South Wales. The Home for Incurables at Ryde near Sydney aforesaid The Royal Hospital for Women at Paddington near Sydney aforesaid The St Vincents Hospital Sydney aforesaid The Queen Victoria Homes for Comsumptives at Thirlmere in the State of New South Wales and The Womens Hospital Crown Street Sydney aforesaid.
And I direct that the respective annuities hereinbefore directed to be paid other than those contained in clause 2A hereof shall except in cases where the annuity only arises after the death of some other person and such other person survives me commence only from the date when the moneys directed by clause 2B hereof and the legacies directed by Clause 2C hereof shall have all been fully paid and shall be payable during the first year half yearly and thereafter quarterly and in case where the annuity only arises after the death of some other person other than myself who survives me from the death of such person of the date when all such moneys and legacies in clauses 2B and 2C hereof referred to shall have been paid whichever shall last happen.
AND I DIRECT that if the income arising from my residuary trust funds in any year together with the surplus income of any preceding year or years shall not be sufficient to pay all the Annuities by this My Will directed to be paid then Firstly the additional annuities in clause 2F hereof directed to be paid shall abate altogether or proportionately as the case may require and next the annuities or increased annuities in clause 2E hereof directed to be paid shall abate altogether or proportionately as the case may require and next the annuities hereinbefore in clause 2D hereof directed to be paid shall abate altogether or proportionately as the case may require and next the annuities hereinbefore in clause 2A. hereof directed to be paid to Elizabeth Parry shall abate altogether or proportionately as the case may require and lastly that the annuities in clause 2A hereof directed to be paid to my Wife Maud Parry and my Sister Maria Jane Kovolenko shall abate proportionately.
PROVIDED ALWAYS AND I HEREBY DIRECT AND DECLARE that notwithstanding anything to the contrary hereinbefore contained if any of the respective persons to whom annuities are hereinbefore directed to be paid shall at the time of my death be or afterwards become bankrupt or shall without the previous consent in writing of my trustee ( which it shall be in its uncontrolled discretion to give or refuse) assign or charge or attempt to assign or charge his or her respective annuity or if any other event shall happen whereby if such annuity belonged to him or her absolutely he or she would be deprived of the personal enjoyment thereof then such annuity shall cease to be payable to him or her and shall thenceforth during the remainder of his or her life be payable to my trustee in trust that my Trustee shall thereafter during such period or periods either continuous or discontinuous as my Trustee shall in its absolute discretion think fit pay all or any part of such annuity or apply the same for the maintenance or personal support of benefit of the annuitant who shall have incurred such forfeiture and his wife or her husband if any and children or child for the time being in existence whether minors or adults or any of such persons to the exclusion of the others or other of them and so much of the said respective annuities as shall not be applied or disposed of by my Trustee under the discretionary trust or power lastly hereinbefore contained shall sink into and be applied as part of the income of my residuary trust funds AND I HEREBY FURTHER DIRECT AND DECLARE that during the minority of any person to whom an annuity is payable under this my Will such annuity may be paid by my Trustee to the parent or guardian or other the person under whose care or custody such minor is to be applied by him or her for the maintenance education or benefit of such minor without liability for my Trustee to see to the application or be responsible for the mis--application or non-application thereof and so that the receipt therefore of such persons shall be a good discharge to my Trustee AND I FURTHER DIRECT AND DECLARE that for the purpose of ascertaining who is the parent guardian or other the person under whose care of custody such minor may be the declaration of the person claiming to be and of one other person shall be sufficient evidence and shall relieve my Trustee from enquiring into or being responsible for the truth or otherwise of such declaration of such declaration.
AND AS TO THE CORPUS OF MY RESIDUARY TRUST FUNDS I DIRECT AND DECLARE that immediately after the death of the last surviving annuitant under this my Will my Trustee shall divide the corpus of my residuary trust funds and the investments and securities representing the same into eight equal shares and shall subject to the condition hereinbefore mentioned pay one of such shares to the Womens Hospital Crown Street Sydney aforesaid another such share to The Carrington Centennial Hospital Camden aforesaid another such share to The Royal Alexandra Hospital for Sick Children Camperdown near Sydney aforesaid another such share to The Home for Incurables Ryde aforesaid another such share to the Royal Hospital for Women Paddington aforesaid another such share to The St Vincents Hospital Sydney aforesaid another such share to the Queen Victoria Homes for Comsumptives Thirlmere aforesaid and the remaining share to such General or Cottage Hospital within the boundaries of the Municipality of Mosman near Sydney aforesaid as my Trustee in its absolute discretion consider to be the most worthy General or Cottage Hospital within the boundaries aforesaid but if there be at the time hereinbefore directed for the division of the corpus of my residuary trust funds no such General or Cottage Hospital within the said boundaries then I direct that such remaining eighth share is to be paid to The Royal North Shore Hospital near Sydney aforesaid.
The condition hereinbefore referred to is :
That each of such Hospital or Institution shall formally and in such manner as my Trustee shall require before receiving the proceeds of the corpus moneys to be paid to them under this my Will or any Codicil thereto undertake and agree with my Trustee that such Hospital or Institution will out of such proceeds immediately establish within its hospital or Institution one ward containing not less than ten beds for women or for children and also to name such ward " The Parry's Ward".
And I declare that should any of the said hospitals or Institutions refuse or neglect for the space of six months after being requested by my Trustee so to do. to give such undertaking and enter into such agreement then the Hospital or Institution so refusing or neglecting shall lose all benefit or share in the corpus of my residuary trust funds which such hospital or Institution would have taken had it complied with the said conditions and the same shall go to and be equally divided between the Hospitals or Institutions who shall have to the satisfaction of my Trustee agreed to comply with such condition, And I declare that the receipt of the treasurer for the time being of the said respective Institutions shall be a sufficient discharge to my Trustee for the payment of all sums whether of income or corpus hereinbefore directed to be paid to such Institutions respectively.
I declare that all annuities hereinbefore bequeathed to females shall be for their respective separate use independently of any husband and without power of anticipation and their respective receipts alone during coverture shall be sufficient discharges for the same.
And notwithstanding anything to the contrary herein contained I direct my Trustee when selling and disposing or my collection of stamps the value of which I estimate approximately at (o One thousand pounds) to employ Mr. Frederick Hagen of Pitt Street Sydney aforesaid stamp dealer to sell the same and to allow the said Frederick Hagen a commission or remuneration of Ten pounds per centum on the gross amount realised from the stamps sold by him or if the said Frederick Hagen be dead or unable to attend to business to employ such other reputable and capable person as my Trustee may decide upon and allow him such remuneration or commission not exceeding ten pounds per centum as it shall think fit.
I further empower my Trustee for the purpose of dividing the corpus of my residuary trust funds as hereinbefore directed to sell and convert into money such part or parts thereof as shall be unconverted, at the time appointed for such division of corpus,
I declare that all legacies bequests annuities and devises given by this my Will shall be free and clear of all Probate Death or Legacy Duties.
I DECLARE that notwithstanding anything to the contrary herein contained if any person or Institution shall without the consent in writing of my Trustee which it shall be in its own uncontrolled discretion to give or refuse dispute the validity of or refuse to confirm this my Will or any Codicil hereto such person or Institution shall forfeit all benefits hereby or by any Codicil hereto given to him her or it and the same being a specific bequest or devise shall fall into and form part of my residuary estate or being an annuity or payment in the way of annuity shall fall into and form part of the income of my residuary trust funds or being residuary estate or a share of residuary estate shall go to the other person persons or Institutions entitled to such residue as if the person or Institution incurring such forfeiture had not been included in the residuary gift and so that the portion or share of my residuary trust funds to which such person or Institution would have been entitled but for such dispute or refusal shall be added in equal proportion to the portions or shares of the other persons or Institutions included in such residuary gift.
I DIRECT my Trustee to employ Mr, Arthur Patrick Nixon Dalrymple of Sydney Solicitor as its Proctor and Solicitor to prove this my Will and every Codicil hereto and to act for and advise it in and about the execution of the trusts hereof or of any Codicil hereto so long as my Trustee shall be of opinion that he is worthy to be trusted and that the retention of his services shall not be injurious to the best interests of my estate.
I AUTHORISE AND EMPOWER my Trustee to determine what articles pass under any specific bequest in this my Will or any Codicil hereto and whether any moneys are to be considered as Capital or Income and to apportion blended trust funds and to determine all questions and matters of doubt arising to the execution of the trusts of this my Will or any Codicil hereto And I declare that every such determination whether made upon a question actually raised or implied in the acts or proceedings of my Trustee shall be conclusive and binding on all persons and Institutions interested.
I AUTHORISE AND EMPOWER my Trustee from time to time to delegate to such person or persons Corporation or Corporations as it shall think fit the execution of all or any the trusts and powers of this my Will as regards any property or effects situate out of the State of New South Wales and from time to time to revoke such delegation and for that purpose to execute such Powers of Attorney or other instruments as may be proper without being responsible for loss and I declare that no purchaser or person dealing with any person or Corporation to whom the execution of any such Trusts or Powers may have been delegated shall be bound to enquire whether any such delegation remains in force.
I DIRECT that any moneys liable to be invested by my Trustees may be invested in its name in any of the following forms of investment with liberty to vary and transpose the same from time to time namely :-
A. Any of the investments for the time being allowed by law for investment of trust funds.
B. The stocks or funds of the Commonwealth of Australia or any state thereof or of the Dominion or New Zealand.
C. The purchase of freehold or leasehold rent producing property in the State or New South Wales such leasehold not having less than 60. years to run at the date of such purchase.
D. The Debentures debentures stock shares stocks or other obligations or securities of every description of any public Company registered or whose registered office is situate in any part of Australasia or of Great Britain or India or any British Colony or Dependancy and whether there is a liability on the shares so purchased or not.
I DECLARE that my Trustee shall have and I hereby give it the fullest power to postpone so long as it thinks fit in its absolute discretion without any liability for loss occasioned thereby. the sale calling in and conversion of all or any part of my real or personal estate which is vested in it including any investment not hereby authorised even though of a wasting speculative or a reversionary nature.
AND I FURTHER DECLARE that the rents profits and income to accrue after my decease from such part of my estate as for the time being remains unsold not called in or unconverted shall be and be deemed to be income arising from my residuary trust funds and shall be applied accordingly.
I EMPOWER my Trustee until my real and leasehold property shall be sold to grant leases thereof for such time and upon such terms and conditions as it shall think best to accept surrenders of leases and tenancies to expend money in repairs and improvements and generally to manage the same in its absolute discretion. And I declare that any money required for repairs or improvements may be raised or paid either out of income or out of the capital of my estate as my Trustee under the circumstances thinks fair and equitable.
I ALSO FULLY EMPOWER my Trustee to retain for so long as it thinks fit all or any part of the corpus of my residuary trust funds in the same state of investment as it is in at the time of my death and this not-withstanding that such investments may not be within the scope of investments authorised by this my Will or any Codicil thereto.
IN WITNESS whereof I have to this and the ten preceding pages of this my Will set my hand this eighteenth day of September in the year of our Lord, one thousand nine hundred and twelve.
SIGNED by JOHN HENRY PARRY the testator as and for )
)
his last will and testament in the presence of us )
)
who at his request In his presence and In the ) (Sgd) J.H.Parry.
)
presence of each other all present at the same )
)
time have hereunto. subscribed our names as )
)
witnesses. )
(Sgd) Norman H.M. Blain, Solicitor, Sydney.
" Walter H, Pratt
Managing Clerk to Dalrymple & Blain,
Solrs., Sydney.
Home Page Back a page |
This document maintained in the UK by derek@99b.co.uk
Material Copyright � 2012 Derek C Johnstone |