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The Will of
of Stoke, Nelson NZ
THIS IS THE LAST WILL AND TESTIMENT of me George MacMahon of Stoke in the provincial distict of NELSON in the Dominion of New Zealand, Farmer.
I HEARBY REVOKE all other WILLS and Testimentry writings at any time heretofor executed by me.
I Appoint my daughter Evelyn Mary Goodyer and Harold Leon Harley of the city of Nelson, Solicitor, (hereinafter called my Trustees) to be the Executors and Trustees of this my WILL.
And I Declare that all trusts powers and discretions hereinafter repose or vested in my Trustees shall be exercisable by the survivor of them or by the Executors of the survivors of them or other Trustees or Trustee for the time being of this my WILL.
I Give and Bequeath all my household furniture and household effects which shall be in and about my dwelling house, at the time of my decease, unto my wife Caroline Elizabeth MacMahon absolutely.
I give and Bequeath the sum of two hundred and fifty pounds to my said wife Caroline Elizabeth MacMahon absolutely, such sum to be paid to her within two months after my death. Subject to the payment thereout of all my just debts funeral and testmentary expenses and the death duties payable in respect of my estate and the succession duties payable of the value given to any of the beneficiaries under this MY WILL.
I Give Devise and Bequeath all my real estate whatsoever and wheresoever unto my Trustees upon trust whenever my Trustees shall think fit to sell dispose or to convert into money my said real and the residue of my personal estate either by public auction or private contract either together or in lots at such times in such manner and subject to such conditions and terms as my Trustees shall think fit, With power to buy in the premises at any public sale and to rescind and vary any contract for sale and to resell without being responsible for any consequent loss;
AND to invest the moneys arising from such sale and conversion and all other moneys belonging to me at my death upon real leasehold or Goverment Securities in the said Dominion of or on deposit of any bank in New Zealand pending investment, With power to transfer and vary such securities at their her or his discretion.
And I Empower my Trustees to suspend for such period as they shall seem expedient the sale conversion or getting in of my said real and personal estate or any part or parts thereof respectively and during the suspension of the sale conversion or getting in thereof to manage or order all the affairs thereof as regards letting, cultivation, repairs, insurance against fire, receipt of rents, indulgences and allowances to tenants and all other matters.
And I Specially authorise and empower them her on him in their her on his discretion to devise and lease all or any part of my said real or personal estate such valuations for any term of years not exceeding seven to take effect in possesion upon such terms and conditions as my trustees shall think fit proved that such lease be made by deed and that the best rent can reasonably be had be thereby be reserved.
And I Direct my said trustees as soon as possible after my death to have a valuation made of the residue of my personal estate and my said real estate such valuation of my personal estate be made by a an impartial Valuer and such valuation and of my real estate to be a government valuation and upon such valuations being made and the total amount of such valuations so ascertained by my trustees
I Direct my Trustees to set aside a sum equal to one sixth of the total of such valuations so ascertained as aforesaid and if there should not be sufficient money belonging to my estate to set aside such sum , then, I Empower my Trustees to Mortgage all or any part of my real estate for the purpose of raising such sum and invest such sum upon leasehold or freehold or government securities and to pay the income of thereof into or permit the same to be received by my daughter-in-law Victoria MacMahon during her life and upon the death of said Victoria MacMahon.
I Direct my trustees to assign pay and divide the said sum so set aside as aforesaid unto and amongst her children by my late son Russell Bernard MacMahon namely Doreen Kate MacMahon and Pamela MacMahon in equal share as tenants in common.
And I Declare that if either of them the said Doreen Kate MacMahon and Pamela MacMahon shall die in my lifetime without issue then that the survivor of them shall take as well as her own share the share or the portion of my estate which the one dying should have taken under this my will if such one dying had survived me;
AND subject to the raising and setting aside a sum equal to the value of one sixth of the valuation of my real estate and the residue of my personal estate as aforesaid;
I Direct my tustees to divide the residue of my estate into four equal parts or shares to each and to pay one of such equal parts or shares to each of my three daughters Evelyn Mary Goodyer, Eileen kate MacMahon and Hazel Doreen Dee but
Subject to and Charged with the payment by each of my said three daughters Evelyn Mary Goodyer, Eileen Kate MacMahon and Hazel Doreen Dee of the sum of sixty two pounds ten shillings per annum to my said wife Caroline Elizabeth MacMahon so long as she shall live such sums be paid to her by equal half yearly payments the first of such payments to become due and be made at the expiration of six calendar months after my death
AND as to the remaining one fourth part or share in the residue of my estate
I Direct my Trustees to hold the same upon trust and out of the income and profits arising therefrom to pay the sum of sixty two pounds ten shillings per annum to my said wife Caroline Elizabeth MacMahon so long as she shall live such sum to be paid to her by equal half yearly payments to become due and be made at the expiration of six calendar months after my death.
And I Direct my Trustees during the lifetime of my said wife Caroline Elizabeth MacMahon to pay the balance of the income and profits arising from the said remaining one fourth part or share in the residue of my estate unto my daughter Caroline Grace Goodall so long as she shall live.
AND after the death of my said wife Caroline Elizabeth MacMahon
I Direct my Trustees to pay the whole of the income and profits arising from the said remaining one fourth part or share in the residue of my estate unto my said daughter Caroline Grace Goodall so long as she shall live.
AND upon the death of the survivor of my said daughter Caroline Grace Goodall and my said wife Caroline Elizabeth MacMahon
I Direct my Trustees to transfer convey pay and divide the said remaining one fourth part or share in the residue of my estate unto between and amongst all the children of the said Caroline Grace Goodhall in equal shares as tenants in common.
And I Declare that it shall be lawfull for my Trustees to raise any money which shall in their opinion be necessary for the pupose of managing my Estate or for the pupose of carrying out any of the Trusts hereinbefore mentioned or for the purpose of paying any death or succession duties payable upon my Estate or to satisfy my debts funeral and Testimentry expences and the pecunniary legacy hereinbefore bequeathed by selling Mortgaging or Charging my real estate and the residue of my personal Estate or any part or parts thereof or by all or any of these means in such manner as my Trustees shall think expendient,
And that the costs of and incidental to the said sales and mortgages and of and to any transfers not only of the same Mortgages but of any other mortgages upon my Estate which in the opinion of my Trustees may from time to time be necessary shall be charged upon or paid out of the corpus of my Estate subject as herinbefore mentioned.
I declare and Direct that if any person who would have taken any part of my Estate under this my WILL had he or she survived me shall die in my lifetime leaving issue then that such issue shall take and if more than one in equall shares as tennants in common the share or part of my Estate which the parent of such issue would have taken under this my WILL had such parent survived me.
In Witness whereof I have hereunto subscribed my name this
Eighth day of August One thousand nine hundred and twenty two.Signed by the Testator the said George MacMahon as and for his last WILL and Testiment in the presence of of us both present at the same time, who at his request in his presence and sight and in the presence and sight of each other have hereunto subsribed our names as witnesses
G.Howard Gill, Law Clerk, Nelson
Arthur N.Bachelor, accountant, Nelson
This is the written document or Will now produced and shown to and refered to in the affidavit of
Evelyn Mary Goodyer and Harold Leon Harley Severally sworn this 24th day of July 1935.
A Solicitor of the supreme Court of New Zealand.
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