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Helen Jane Herbert of Newport 1928.

This is the last will and testament of me Helen Jane Herbert of "Pendle", Fields Park  Road, Newport in the County of Monmouth, widow

  1. I revoke all wills and other testamentary dispositions heretofore made by me
  2. I appoint my sons Charles William Herbert and Richard Alfred Herbert, my daughter Frances Mary Smith and her husband my son-in-law Herbert James Smith (hereinafter collectively called "my Trustees") to be the executors and trustees of this my will.
  3. I direct payment of all my just debts and funeral and testamentary expenses as soon as conveniently may be after my decease.
  4. I bequeath to my said son Richard Alfred Herbert the sum of one thousand pounds absolutely free of duty.
  5. I devise my freehold house and the land belonging thereto known as "Glenoak", Usk in the said County of Monmouth unto my trustees upon trust for my said son Charles William Herbert for and during his life and after his death upon trust to sell the said house and land and to divide the proceeds of such sale (after payment thereout of the expenses of and in connection with such sale) equally between all the children of my said son Charles William Herbert who shall be living at his death and shall have attained or shall attain the age of twenty one years and if there shall be only one such child then to pay the whole of such net proceeds of sale to that one child.
  6. I devise and bequeath free of all duties my freehold dwelling house and premises known as "Pendle", Fields Park Road, Newport in the said County of Monmouth and also all my furniture plate linen china glass books pictures prints and effects of household use or ornament in or about my said last mentioned dwelling house and premises or belonging thereto. And also my motor car (all such furniture chattels effects and motor car being hereinafter in this clause called "contents") unto my trustees upon trust from time to time for such of my daughters as shall for the time being be unmarried during their spinsterhood they paying all rates taxes and outgoings and keeping the said dwelling house and premises in a tenantable state of repair and keeping the same and the contents insured against loss or damage by fire and when there shall at any time be one only of my said daughters remaining unmarried and a spinster then as to the said premises and contents upon trust for such one surviving unmarried daughter absolutely.
  7. Subject as aforesaid I devise and bequeath all the real and personal property not hereby or by any codicil hereto otherwise disposed of and which I can dispose of by will in any manner I think proper either as beneficially entitled thereto or under any general power unto my trustees upon trust that my trustees shall sell the said real estate and call in sell and convert into money such part of my personal estate as does not consist of money with power to postpone such sale calling in and conversion for such a period as my trustees without being liable to account may think proper and so that any reversionary interest be not sold until it falls into possession unless my trustees see special reason for sale and my trustees shall out of the moneys to arise from the sale calling in and conversion of my said real and personal estate and out of my ready money pay my just debts and funeral and testamentary expenses and death duties payable out of the residue of my estate and also the legacies hereby or by any codicil hereto bequeathed and subject thereto my trustees shall (subject to Clause 8 hereof) divide and pay the net proceeds of my residuary real and personal estate equally between my seven daughters namely Helen Elizabeth Herbert, Florence May McAllen (the wife of Dr McAllen), the said Frances Mary Smith, Edith Evelyn Mulligan (the wife of Dr Ul-ick [sic] Mulligan), Alice Jane Herbert, Dorothy Tudor Herbert and Grace Marion Herbert or such of them as shall survive me. Provided always that should any of my said daughters die during my lifetime leaving a child or children living at my death such last mentioned child or children shall take and if more than one equally between them the share which his her or their mother would have taken if she had survived me.
  8. I direct that no daughter of mine who adopts the Roman Catholic Religion shall thereafter enjoy any benefit she would otherwise be entitled to under this my will unless she shall have attained a vested interest in such benefit before adopting the Roman Catholic Religion.
  9. And I declare that the statutory power of advancement given to trustees by Section 32 of the Trustees Act 1925 in respect of any of my grandchildren up to one half of the value of the share shall apply to the trusts hereof as if incorporated herein.

    In witness whereof I have set my hand to this and the preceding sheet of this my will this sixteenth day of December one thousand nine hundred and twenty six. HJ Herbert.

    Signed by the said testatrix Helen Jane Herbert as and for her last will and testament in the presence of us both being present at the same time who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses Melville T Phillips, 4 Stow Park Avenue, Newport, Mon, auctioneer & valuer; LM Kendrick, "Selbourne", Windsor Road, Newport, Mon, clerk

    Proved 19th January 1928

    Be it known that Helen Jane Herbert of Pendle, Fields Park Road, Newport in the County of Monmouth, widow died there on the 27th day of October 1927.

    And be it further known that at the date hereunder written the last will and testament of the said deceased was proved and registered in the Principal Probate Registry of His Majesty’s High Court of Justice, and that administration of all the estate which by law devolves to and vests in the personal representative of the said deceased was granted by the aforesaid Court to William Charles Herbert (in the will called Charles William Herbert) of Glen Oak, Usk in the said County, Gentleman, son, Richard Alfred Herbert of Café Royal, Pontypool in the said County, Gentleman, son, Frances Mary Smith of Ty Bryn, Abersychan in the said County (wife of Herbert James Smith), daughter of deceased and the said Herbert James Smith of Ty Bryn aforesaid, Gentleman the executors named in the said will.

    Dated the 19th day of January 1928

    Gross value of estate £7522 – 12 – 7

    Net value of personal estate £4933 – 0 – 0

Transcribed from a photocopy of what looks like the original typed will by Dave Woolven, 2 Aspen Way, Malpas Park, Newport, South Wales. NP20 6LB Tel 01633 858 359 22 March 2001