Transcript of Will of James Messenger

THIS is the last Will and Testament of me JAMES MESSENGER of 95 Drummond Street Carlton in the State of Victoria Gentleman.
I DECLARE that I am domiciled in Australia and I hereby revoke all former Wills and other testamentary dispositions by me made.
I APPOINT Basil John Parkinson of 31 Queen Street Melbourne in the said State Solicitor and the Union Trustee Company of Australia Limited whose registered office is situate at 333 Collins Street Melbourne in the said State joint executors and trustees of this my Will and I hereby declare that my said executors shall each receive commission at the rate of Two pounds ten shillings per centum on the capital and income of my estate for so acting AND WHEREAS under a Will dated the twelfth day of December One thousand eight hundred and seventy nine made by my father James Messenger late of Bonhams in the Parish of Neatham in the County of Southampton England Probate whereof was obtained by George Drewitt Charles Smither Chaundler and John Messenger the Executors of the said will at the Principal Probate Registry England on the seventeenth day of February one thousand eight hundred and eighty one I have a general power of appointment by Will of the sum of Two thousand pounds and the investments thereof NOW THEREFORE in exercise of the said power of appointment and of all other powers (if any) enabling me in this behalf I hereby direct and appoint the said capital sum of Two thousand pounds and the investments thereof to the said Basil John Parkinson AND subject as aforesaid I GIVE DEVISE AND BEQUEATH unto my Trustees all my real and personal estate whatsoever and wheresoever situate upon trust to give all my personal belongings furniture and effects to Mr. C. Lacey of 52 Pelham Street Carlton in the State of Victoria and UPON TRUST as to the residue of my estate to sell call in and convert into money the same or such part thereof as shall not consist of money with power in their absolute discretion to delay the sale and conversion of any part of my estate and to invest the proceeds in Australian Government securities or such other investments as are permitted to trustees with power from time to time to vary the same at their discretion and out of my trust estate to pay (free of duty) both State and Federal) the following legacies the sum of Ten pounds ten shillings to Mr. L. Malcolm of 93 Drummond Street aforesaid to purchase an easy chair, the sum of nineteen pounds nineteen shillings to each of the following:- Miss F. Bowers of 211 Victoria Terrace Sydney Road Royal Park Melbourne aforesaid, the said Mr. C. Lacey the said Basil John Parkinson and Mrs. Jason of 381 Latrobe Street aforesaid and the sum of Nineteen pounds nineteen shillings to Miss Melba Jason of 381 Latrobe Street aforesaid daughter of the said Mrs. Jason on her attaining the age of seventeen years to purchase a watch and chain and to pay the income of the residue of my trust estate half yearly to the Bellringers for the time being of Upper Froyle Parish Church in the County of Hampshire England to be applied by them in the following manner that is to say they shall keep in proper condition and repair the graves of my Father and Mother and shall on the twentysecond day of January in each year ring a muffled peel of bells in the said Parish Church after which ringing they may pay one eighth of the current half yearly income for the purpose of providing for themselves a supper or otherwise for division amongst themselves and shall apply the balance in and towards the maintenance in alternate half years of the oldest poor men and the oldest poor woman then residing at Froyle in the County of Hampshire aforesaid the choice of such persons being within the absolute discretion of the said Bellringers for the time being and the receipt of any representative from time to time appointed by such Bellringers to receive the same shall be a valid receipt and discharge to my Trustees for the payment of the said income and my trustees shall not be responsible for the application non-application or mis-application of the moneys so paid by them to such representative and my trustees shall have power at any time to vest my trust estate in any corporation or body or trustees in England that my trustees shall approve subject to the trusts aforesaid and theroupon my trustees shall be freed and discharged from all duties and liabilities whatsoever in respect of my trust estate and of the carrying out of the trusts hereinbefore contained IN WITNESS thereof I have hereunto set my hand this thirteenth day of December One thousand nine hundred and nineteen

SIGNED by the Testator as and for his
last will in the presence of us both
present at the same time who at his
request and in his sight and presence
and in the presence of each other
have hereunto subscribed our names
as witnesses.
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JAMES MESSENGER
   

Alex. L. Wettenhall,
Solicitor,
Melbourne,

 

Olive V. Fears,
Clerk toParkinson & Wettenhall,
Solrs. Melbourne.