Will

Edward Little (c1862-1952)

  Dated 1951
Will of Mr. Edward Little
Cuthbert, Morrow, Must & Shaw, Solicitors, BALLARAT.

THIS IS THE LAST WILL AND TESTAMENT of me EDWARD LITTLE of Buninyong in the State of Victoria Farmer.

1. I APPOINT ROBERT WIGGINS of Scotsburn Farmer and ARTHUR CHARLES BOUSTEAD of Dean Farmer to be Executors of this my Will and Trustees of my estate AND I DECLARE that the expression "my Trustees" used by me herein shall be construed as comprising and referring to the said Robert Wiggins and Arthur Charles Boustead and the survivor of them and the Trustees or Trustee for the time being of my estate.
2. I GIVE AND BEQUEATH to each of them the said Robert Wiggins and Arthur Charles Boustead a legacy of Fifty Pounds (£50) provided they shall accept and act in the office of Trustee and Executor of this my Will.
3. I GIVE DEVISE AND BEQUEATH all my real and the rest and residue of my personal estate unto my Trustees Upon Trust to sell call in and collect and convert the same into money at such time and in such manner as they shall think fit with power to postpone the sale calling in or conversion of the whole or any part or parts of the said property 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 AND my Trustees shall out of the moneys to arise from the sale calling in or conversion of or forming part of my said real and personal property pay my debts funeral and testamentary expenses and Probate and estate duty on my estate and subject thereto hold the same upon the trusts following :-

(a) To pay the following legacies namely :-
To Miss Annie Ord Patterson of Los Angeles California the sum of Five hundred pounds (£500) which I Direct my Trustees to pay to her in California free of exchange.

To such of the children of the late Emma Boustead of Dean as shall be living at my death the sum of Two hundred pounds (£200) equally between them provided that if any of the said children shall predecease me leaving issue living at my death then such issue shall take and if more than one equally between them the share which their his or her parent would have taken in my estate had such parent survived me.

To Hannah Nellie Gurkin of Newcastle on Tyne England the sum of Two hundred pounds (£200) free of exchange.

To Holy Trinity Church of England at Buninyong the sum of One hundred pounds (£100) and I Declare that the receipt of the Treasurer for the time being of the said Church shall be a sufficient discharge to my Trustees for the payment thereof.

To the Trustees of the Buninyong Cemetery the sum of One hundred pounds (£100) for the upkeep in perpetuity of my grave in the said cemetery.

To ERIC SUTHERLAND of Buninyong the sum of One thousand pounds (£1000).

To ROBERT WIGGINS of Scotsburn Victyoria the sum of One hundred and fifty pounds (£150).

To GEORGE FRATER a son of the late Annie Frater formerly of Williamstown Victoria the sum of One hundred pounds (£100).

To LIL QUARRIERof 16 Stevedore Street North Williamstown the sum of One thousand two hundred and fifty (£1250).

To ANNIE STARK the wife of William Stark of Cranbourne Victoria the sum of Three hundred pounds (£300).

To my nieces JEAN ROBINSON and GWENDOLINE MAY ROBINSON the sum of One thousand pounds.(£1000) each.

To PERCY JAMES WALKER an Officer of the National Bank of Australasia Limited the sum of One hundred and fifty pounds (£150).

(b) To divide any balance of moneys remaining in my estate after payment of all my just debts funeral and testamentary expenses and the legacies hereinbefore provided between Annie Ord Patterson, the children of the late Emma Boustead, Hannah Nellie Gurkin, Eric Sutherland, Robert Wiggins, George Frater, Lil Quarrier, Annie Stark and Percy James Walker in proportion to the value of the respective legacies left to each of the said beneficiaries.

4. IN THE EVENT of any of the legatees named and described in my said Will predeceasing me leaving issue him or her surviving then I DIRECT that the amount of such legacy shall be paid to the children of the legatee so dying and if more than one in equal shares but in the event of any of the said legatees predeceasing me without leaving issue him or her surviving then I DIRECT that the amount of such legacy shall fall into and form part of my residuary estate and be divided in pursuance of clause e (b) of this my Will.

5. I HEREBY DECLARE that if any of the beneficiaries named in this my Will shall be paid any money by me during my lifetime their respective legacies under this my Will shall be reduced by the amount of money I shall have paid them during my lifetime.

6. I DIRECT my Trustees to retain Messieurs Cuthbert Morrow Must & Shaw of Lydiard Street Ballarat in the said State to be the Solicitors to my estate.

7. I REVOKE all former Wills. IN WITNESS WHEREOF I have hereunto set my hand this Ninth day of March One thousand nine hundred and fifty-one.

Edward Little.

SIGNED by the said EDWARD LITTLE the Testator as and for his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.

  

Last modified 12 Nov 2010