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This is the
Last Will and Testament
of me Quinton
Bone (sometimes known as Quintin Bone) of Bostock’s Creek Farmer.
I appoint my son James Bone
of Bostock’s Creek Farmer and George Boyle of Camperdown Storekeeper
to be executors and trustees of this my Will. I declare that the
expression my trustees used by me herein shall be construed as
comprising and referring to the trustees or trustee for the time
being of my Will and that all the trusts powers and discretions
which are hereby vested in the trustees herein named may be
exercised by the trustees or trustee for the time being of my Will.
I bequeath all my furniture and all other household effects
expressly excepting my piano unto my dear wife Sarah Jane Bone
absolutely. I also bequeath to my said wife for the immediate use
the legacy or sum of one hundred pounds to be paid to her as soon as
practicable after my decease. I bequeath my piano to my daughter
Sarah Isabelle Cook. I bequeath to my trustees the sum of forty
pounds to be used by them for the erection of a tombstone over the
graves of myself and my said wife. I bequeath to my said wife an
annuity of One pound ten shillings per week to be paid to her
quarterly and the first payment to be made three months from the
date of my death. I declare that my said wife shall have the use of
my Bostock’s Creek house during her life free of rent but expressly
not my farm lands at Bostock’s Creek or elsewhere (if any). I
direct my trustees to pay all legitimate expenses incurred by my
said wife in case of sickness to her such expenses to be paid in
addition to the annuity hereinbefore bequeathed to her. And in the
event of my said wife electing to reside elsewhere than at Bostock’s
Creek I direct my trustees at the cost of my estate to provide my
said wife with a cottage in whatever township she may choose free of
rent during her life subject as expressly as aforesaid I desire and
bequeath all the real estate and all the residue of the personal
estate to which I shall be entitled at my decease unto my trustees.
Upon trust after the death of my said wife to sell and convert into
money my said real and residuary personal estate when and as my
trustees shall in their discretion deem it most advantageous so to
do with power to sell or any credit and to make any special or other
conditions of sale as to htle or evidence of htle or otherwise and
to buy in the premises or to rescind or to vary either on terms or
gratuitously any Contract of sale and to resell without being liable
for any consequent loss and to execute and do all assurances and
acts which may be necessary for resting the property sold in the
purchases thereof respectively. Nevertheless empower my trustees to
postpone for any time which they may think proper the sale and
conversion of all or any part of my said real and residuary personal
estate and pending the sale and conversion thereof to let for any
period and upon any terms and conditions which my trustees may think
proper or to occupy use and manage my said real and residuary
personal estate and the affairs thereof generally at their
discretion. And I declare that in the meantime and until sale and
conversion thereof respectively such real and residuary personal
estate shall be subject to the trusts and provisions hereinafter
declared concerning the money to arise therefrom and that the income
from such real and residuary personal estate shall from the time of
my decease until such sale and conversion be applied in the like
manner as the income of such money would have been applicable if
such sale and conversion had been made and I direct that subject as
aforesaid my trustees shall stand possessed of the net moneys to
arise from the sale and conversion of my said real and residuary
personal estate and of the rents interest and income of such real
and residuary personal estate until sale and conversion (after
paying and retaining thereout my just debts and my funeral and
testamentary expenses and the expenses of and incidental to the
execution of the trusts of this my Will). Upon trust to pay to my
son James Bone the sum of two hundred pounds and to my son Archibald
Bone the sum of two hundred pounds and to my daughter Sarah Isabella
Cook the sum of one hundred and fifty pounds and to my son George
Bone the sum of one hundred and fifty pounds and to my son Robert
William Bone the sum of one hundred and fifty pounds and to my son
Colin Bone the sum of fifty pounds. And as to the balance of the
said net monies and the rest and residue of my estate I direct my
trustees to stand possessed of the same. Upon trust for the said
James Bones Archibald Bone Sarah Isabella Cook Ernest Bone and
Albert Bone in equal shares absolutely. I declare that if any child
of mine being a son and having attained the age of twenty one years
or being a daughter and having attained that age or been married
with my consent shall die in my lifetime leaving a child or children
living at my decease then the fund or share which under the
aforesaid trust in favour of my children would have belonged to
child of mine so dying if he or she had lived to become an object of
and acquire an absolutely vested interest under the same trust shall
be held by my trustees. Upon such trusts and subject to such
permissions as the same would have been held upon and subject to if
such child had died immediately after my death. I direct that all
duty deductions and expenses incident to this my Will and Estate
shall be paid out of my general estate. I direct that all moneys
hereinbefore directed or authorised to be invested and all money not
presently applicable to the purposes of my Will shall be invested by
my trustees in their names or under their legal control in or upon
first mortgages of real estate in any British Colony in Australasia
or in the Parliamentary stocks or funds of the Commonwealth or any
state in Australasia or in or upon Government or Municipal or
Metropolitan Board of Land and Works Debentures or Securities in any
such Colony as aforesaid or in or upon any of such securities at the
discretion of my trustees with liberty to change such investments at
their discretion for any other or others of the kinds prescribed. I
empower my trustees in their discretion at the risk of my estate to
carry on or concern in carrying on for such period from the time of
my decease as they may think expedient any business or venture or
undertaking in which I may be engaged at my death either alone or
jointly with any other person or persons and for that purpose to
retain and occupy and manage any real or personal property in which
I may be interested at my decease either alone or with any other
person or persons and to retain and employ in any such business or
undertaking the capital or my share of the capital which shall at my
decease be employed therein and such additional capital as my
trustees shall think fit to advance from time to time out of my
estate and with full power to employ such persons in and about the
management of such premises and to make all such sales and purchases
as my trustees shall think proper. And also to raise and concur in
raising any money in which they shall think expedient for any
purpose in relation to the execution of the trusts or powers of my
Will by mortgaging or changing with or without a power of sale my
real and residuary personal estate or any part or parts thereof in
such manner as they shall think expedient. I empower my trustees in
the exercise of the trust for sale hereinbefore continued to sell or
concur in selling all or any part or parts of my real and residuary
personal estate to any person or persons who may be a trustee or
trustees under my Will at the time of my decease any rule of equity
to the contrary notwithstanding I appoint Messieurs Buckland and
Nevertt of Camperdown Solicitors to this my Will and Estate. Lastly
I revoke all former Wills. In witness whereof I have hereinto set
my hand this Eleventh day of February One Thousand nine hundred and
fourteen.
Quinton Bone
Signed by the said Testator
Quinton Bone as his last Will and Testament in the presence of us
both present at the same time who at his request in his presence and
in the presence of each other have hereinto subscribed our names as
witnesses. |
