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LAST WILL & TESTAMENT of Amelia Mary Coleman - 1908

Journal by ngairedith

the following is an attachment to the journal:
George Hildebrand ALINGTON + Eliza Ann WEBB
transcribed by me with permission from David Haywood (see original Will at link)

LAST WILL & TESTAMENT of Amelia Mary Coleman dated 24th JULY 1908
... [written along the side of the paper is]:
This is the written document marked "A" referred to in the Affidavit of FREDERICK WILLIAM JOHNSTON sworn before me this 28th day of February 1912.
??? - A Solicitor of the Supreme Court of New Zealand

THIS IS THE LAST WILL AND TESTAMENT of me, Amelia Mary Coleman of Christchurch in the Provincial District of Canterbury in the Dominion of New Zealand, Widow. I give and bequeath to ELIZABETH SHEARMAN of New Brighton in the said Provincial District and Dominion, Widow the legacy of Three hundred pounds free from duty and I declare that in the event of the said Elizabeth Shearman predeceasing me then and in such case I give and bequeath the said legacy of Three hundred pounds free from duty to EMMA ELIZABETH HYNDMAN daughter of the said Elizabeth Shearman. I appoint FREDERICK WILLIAM JOHNSTON of Christchurch, Solicitor and my legally adopted daughter EILEEN WINTER COLEMAN on her attaining the age of twenty one years (hereinafter called my Trustees) to be the Executors and Trustee of this my Will. I give all my estate and effects whether real or personal not hereby otherwise disposed of unto my Trustees in trust to pay my funeral and testamentary expenses and debts and to stand possessed of the residue thereof in trust for my said adopted daughter EILEEN WINTER COLEMAN absolutely on her attaining the age of twenty one years or on her marrying under that age and I declare that if the said EILEEN WINTER COLEMAN shall predecease me and shall leave a child or children who shall survive me and attain the age of twenty one years then each child or children shall take and if more than one equally between them the share which the said Eileen Winter Coleman would have taken under this my Will had she survived me and attained the age of twenty one years or married and if my said daughter shall predecease me and leave no such child or children then I direct my Trustees to permit my brother MORRIS THOMAS KNEVITT to receive the rents income and profits of my residuary real and personal estate during his life and from and after his death to convert my said residuary real and personal estate into money by sale or otherwise and to stand possessed of the proceeds thereof in trust for all his children (excluding adopted and step-children) who shall be living at his death and who being male shall attain the age of twenty one ...
end of page 1 and signed - A. M. COLEMAN
... years or being female shall attain that age or marry in equal shares absolutely I empower my Trustees during the minority of any infant presumptively entitled to a share under this my Will to invest the share of such infant in or upon real securities only in the said Dominion and with power to vary any investments from time to time as my Trustees shall think fit. And I empower my Trustees to apply the income of the expectant share to which any infant may be presumptively entitled under this my Will for or towards the maintenance and education of such infant or accumulate such income if and so far as the same shall not be required for the purpose aforesaid by investing the same and the resulting income thereof to the intent that such accumulations may be added to the principal of the said share and follow the destination thereof and I empower my Trustees to postpone the conversion of any part of my estate for so long as they shall think fit and in the meantime the rents and income of my estate remaining unconverted shall from and after my death go and be applied in like manner as is hereinbefore directed concerning the income of the proceeds of my estate when converted I hereby appoint the said FREDERICK WILLIAM JOHNSTON and MARGARET McIVER of Christchuch, spinster guardians of my said daughter during her minority And I hereby declare that it is my wish to be interred in the same vault with my late husband at the Linwood Cemetery and I declare that my said Trustee FREDERICK WILLIAM JOHNSTON shall be entitled to charge my estate for all business done by him in relation to my estate on the trusts of this my Will in the same manner as he would have been entitled to charge my Executors for the same if he had not been himself an Executor or Trustee but had been employed by my Executor or Trustee to do such business as their Solicitor In Witness whereof I have hereto set my hand to this my last Will and Testament contained on this and the preceding sheet of paper this 24th day of July One thousand nine hundred and eight. (signed A. M. COLEMAN)
[footnote reads]:
SIGNED by the said AMELIA MARY COLEMAN the Testatrix as and for her last Will and Testament in the presence of us both present at the same time who at her request in her sight and presence and in the sight and presence of each other have hereunder subscribed our names as attesting witnesses -
L. M. HARE, Spinster, Christchurch
M. McIVER, Spinster, Christchurch

~~~~~~~~~

... [written along the side of the paper is]:
This is the written document marked "A" referred to in the Affidavit of FREDERICK WILLIAM JOHNSTON [of JOHNSTON, MILLS and JOYCE, 213 Hereford Street, Christchurch, which Frederick established in 1895 after becoming a Solicitor in 1892] sworn before me this 28th day of February 1912.
??? - A Solicitor of the Supreme Court of New Zealand

THIS IS THE LAST WILL AND TESTAMENT of me, AMELIA MARY COLEMAN [nee Knevitt (1844-1912), married Captain George Coleman (1832-1903) in Victoria, Australia in 1864] of Christchurch in the Provincial District of Canterbury in the Dominion of New Zealand, Widow. I give and bequeath to ELIZABETH SHEARMAN [Elizabeth nee PATTMAN (1847-1927), born Poplar, London died Christchurch, married Robert William Shearman (1844-1885), born Poplar, London died Ashburton in 1869. They had the Somerset Hotel in Ashburton] of New Brighton in the said Provincial District and Dominion, Widow, the legacy of Three hundred pounds [July 2013 equivalent of $47,320] free from duty and I declare that in the event of the said Elizabeth Shearman predeceasing me then and in such case I give and bequeath the said legacy of Three hundred pounds free from duty to EMMA ELIZABETH HYNDMAN daughter of the said Elizabeth Shearman [Emma Elizabeth Shearman (1877-1946) married Peter Henry Hyndman (1877-1930) in Ashburton 1904. A son, Parich Peter Hyndman was killed in action in Italy 1943 in WWII]. I appoint FREDERICK WILLIAM JOHNSTON of Christchurch, Solicitor and my legally adopted daughter EILEEN WINTER COLEMAN [born Hilda Annie Webb (1891-1963), father was George Hildebrand Alington - go to top link] on her attaining the age of twenty one years (hereinafter called my Trustees) to be the Executors and Trustee of this my Will. I give all my estate and effects whether real or personal not hereby otherwise disposed of unto my Trustees in trust to pay my funeral and testamentary expenses and debts and to stand possessed of the residue thereof in trust for my said adopted daughter EILEEN WINTER COLEMAN absolutely on her attaining the age of twenty one years or on her marrying under that age [married in 1931 to Frederick McCREANOR (1895-1939)] and I declare that if the said EILEEN WINTER COLEMAN shall predecease me and shall leave a child or children who shall survive me and attain the age of twenty one years then each child or children shall take and if more than one equally between them the share which the said Eileen Winter Coleman would have taken under this my Will had she survived me and attained the age of twenty one years or married and if my said daughter shall predecease me and leave no such child or children then I direct my Trustees to permit my brother MORRIS THOMAS KNEVITT [(1842-1931), lived in Fitzroy, Victoria] to receive the rents income and profits of my residuary real and personal estate during his life and from and after his death to convert my said residuary real and personal estate into money by sale or otherwise and to stand possessed of the proceeds thereof in trust for all his children (excluding adopted and step-children) who shall be living at his death and who being male shall attain the age of twenty one ...
... end of page 1 and signed - A. M. COLEMAN
... years or being female shall attain that age or marry in equal shares absolutely I empower my Trustees during the minority of any infant presumptively entitled to a share under this my Will to invest the share of such infant in or upon real securities only in the said Dominion and with power to vary any investments from time to time as my Trustees shall think fit. And I empower my Trustees to apply the income of the expectant share to which any infant may be presumptively entitled under this my Will for or towards the maintenance and education of such infant or accumulate such income if and so far as the same shall not be required for the purpose aforesaid by investing the same and the resulting income thereof to the intent that such accumulations may be added to the principal of the said share and follow the destination thereof and I empower my Trustees to postpone the conversion of any part of my estate for so long as they shall think fit and in the meantime the rents and income of my estate remaining unconverted shall from and after my death go and be applied in like manner as is hereinbefore directed concerning the income of the proceeds of my estate when converted I hereby appoint the said FREDERICK WILLIAM JOHNSTON and MARGARET McIVER of Christchuch, spinster guardians of my said daughter during her minority And I hereby declare that it is my wish to be interred in the same vault with my late husband at the Linwood Cemetery [Plot 5, Block 14] and I declare that my said Trustee FREDERICK WILLIAM JOHNSTON shall be entitled to charge my estate for all business done by him in relation to my estate on the trusts of this my Will in the same manner as he would have been entitled to charge my Executors for the same if he had not been himself an Executor or Trustee but had been employed by my Executor or Trustee to do such business as their Solicitor In Witness whereof I have hereto set my hand to this my last Will and Testament contained on this and the preceding sheet of paper this 24th day of July One thousand nine hundred and eight. (signed A. M. COLEMAN)
[footnote reads]:
SIGNED by the said AMELIA MARY COLEMAN the Testatrix as and for her last Will and Testament in the presence of us both present at the same time who at her request in her sight and presence and in the sight and presence of each other have hereunder subscribed our names as attesting witnesses -
L. M. HARE, Spinster, Christchurch
[Lilian May Hare (1879-) was the daughter of Henry Howard HARE & Emily Elizabeth Allpress GILLON. Her brother Clarence Howard Hare (1880-1967) was a steward in the first real land expedition in the Antarctic. The British National Antarctic Expedition (1901-04), or Discovery expedition, was led by British explorer Robert Falcon Scott. Lilian married Robert Whitburn NICOLLS (1867-1942) in 1909]
M. McIVER, Spinster, Christchurch

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