The Will of
late of 80 McCullough Avenue, |
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This is the last WILL and Testiment of me Athol Nolan Glass
of Auckland in New Zealand, Engineer.
1. I REVOKE all WILLS and testementry dispositions at any
time heretofor made by me.
2. If my wife GAYNIE HANNAH GLASS shall be alive a the
expiration of fourteen days after my death then but not
otherwise
I GIVE DEVISE BEQUEATH AND APPOINT all the
estate both real and personal of whatsoever kind and
wheresoever situate of which I shall be possessed to
which I Shall be entotled or over which I shall have any
disposing power at my death unto my wife GAYNIE HANNAH
GLASS and I APPOINT my said wife sole executrix of this
my WILL.
3. If my wife GAYNIE HANNAH GLASS shall not be alive
at the expiration of fourteen days after my death then
but not otherwise I APPOINT my brother-in-law PERCIVAL
SHERLOCK C/- Rieds Rubber Limited, 666 Great Souith Road,
Ellerslie, Auckland, Company Mannager, executor and trustee
of this my WILL and
I GIVE DEVISE BEQUEATH AND APPOINT
all the estate both real and personal of whatsoever kind
and wheresoever situate of which I shall be possessed to
which I shall be entitles or over which I shall have any
disposing power at my death unto my Trustee UPON TRUST to
sell call in and convert into money such parts thereof as
shall consist of money to pay out of the net proceeds
of such sale calling in and conversion and such parts of
trhe said estate as shall already consist of money my just
debts funeral and testimentry expences and all duty
payable in respect of the whole of the dutiable estate
and to stand possesed of the residue upon trust for any
child or children of mine alive at the expiration of
fourteen days after my death if only one solely and if
more than one as tennants in common in equall shares
PROVIDED HOWEVER AND I DECLARE that should any child
of mine predecease me (whether before or after the
execution of this my will) or die before the expiration
of fourteen days after my death leaving a child
children alive at the expiration of fourteen days after
my death then and in every other case such child or
children shall take if only one and if more than
one as tennants in common in equall shares the share that
his or her or their parent would have taken had he or she been
alive at the expiration of fourteen days after my death.
4. I DECLARE that notwithstandind the trust for sale
hereinbefore contained my trrustee shall have the following
powers and descretions in addition to those already set forth
and those permitted by law:
(i) To postpone the sale or calling and conversion of any
part or parts of my estate notwithstanding that the
same may be a speculative terminable or reversionary
nature for so long as my trustee may in his absolute
discrestion think fit.
(ii) To retain as authorised investments in my estate any
investments owned by me at my death notwithstanding
that such investments may be of a speculative terminable
or reversionary nature or may consist of shares or
stock in a lmited liability compaany either with or
without a liability for unvcalled capital.
(iii) To invest such of the proceeds of conversion and my
ready moneys as may from time to time be available
for investment in contributory mortgages which would
be authorised trustee investments if hey were not
contributory (including contributory mortgages in
which the ecurity is taken in in the name of a nominee
company formed and carried on in accordance with the
requirements laid down from time to time by the New
Zealand Law Society) and in debentures or debenture
stock preferences or Ordinary shares or preferences or
ordinary stock issued or guaranteed by any company
incorporated in New Zealand or in the United Kingdom
or in the commonwealth of Australia and whether
bearing a liability for uncalled capital or not and
to vary or transpose such investments into or for
others of any nature hereby authorised.
(iv) To retain any real or leashold property owned by
me at my death.
(v) to apply the whole or any part of the income and
capital of the expectant contingent or vested share
of any person taking under the trusts of this my will
in or towardsa the maintainence education or advancement
or otherwise for the benitfit in life of such person and
for such purpose to pay the same to the guardian or
guardians for the time being of such person without
being bound to see to the application thereof.
(v) To partition or appropriate any real or personal
property forming part of my residuary estate in its
then actual condition or state of investment in or
towards satifactionof the share of investment in or
residuary estate with power for that pupose conclusively
to determine the value of any real or personlal property
so partioned or appropriated and every such partion
or appropriation shall be binding onall persons
interested under this my will.
5. I DIRECT that my body shall after my death be disposed of
by cremation and express the wish without in any way binding
my trustees that the cremation take place at Purewa
Crematorium.
IN WITNESS WHEROF I have hereunto subscribed my name this
26th day of July One thousand Nine hundred and seventy three.
Signed by the Testator
ATHOL NOLAN GLASS in our presence
and attested by us in his
presence.
D C Reid B.Proud
solictor receptionist
Auckland Auckland
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In the Supreme Court of New Zealand Auckland Registry. P.No.3167/79
In The Estate of Athol Nolan Glass late of Auckland, Engineer, Deceased
1. I Gaynie Hannah Glass of Auckland, Widow crAave leave to refer to my affidavit in this matter sworn at Auckland on the 29th day of October and filed herein.
And I the said Gaynie Hannah GLASS for myself make oath and say as follows;
That
at the time of his death there was not in force any decree absolute or order of any legistrative enanactment for divorce or for the dissolution or nullity of the marriage between the said deceased and me.
SWORN at Auckland this 11th
day of November 1979
before me;
M.Renolds
A Solicitor of the Supreme court
of Auckland.
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