This is the last Will and Testament of me ANNIE FOWLER BERKELEY of Newcastle in the State of New South Wales Widow. I revoke all Wills and temporary dispositions at any time hereafore made by me. I appoint the Union Trustee Company of Australia Limited** William Sparke of Newcastle aforesaid Solicitor, Sydney Mosman Berkeley Wanseyof Newcastle aforesaid ( my adopted son ) and Lilian Emily Nicholson aforesaid Spinster daughter of Stephen Nicholson as administrators and administrix respectively as Trustees of this my Will. I give devise and bequeath to my said Trustees which expression whenever used in this my will shall mean the Trustees for the time being of this my Will All my real and personal property of whatever kind or wherever situated and including all estates vested in me and as Trustee or Mortgagee upon Trust as to my freehold property known as "Thelma" situated in the Terrace Newcastle and the home and grounds occupied and used by me in connection therewith , my household goods and effects , my jewellery, my articles of personal adornment, linen and pictures , other than the jewellery formally owned by my late Husband and the Pictures, Prints and Statuary hereafter specially dealt with, to and for the said Lilian Emily Nicholson absolutely, as to the jewellery formerly belonging to my late husband to and for the said Sydney Mosman Berkeley Wansey absolutely, as to my Pictures and Prints named or known as "Tweed Heads","The Nile","Milford Haven", "Levain Cathedral", "Australian Bush Fire", "Littleton Head ", Sir Robert in
Gateway", "Nobbys" , Vesusius from the Victoria" , "Newcastle in the early Fifties", "Venice " , Two Harrison Fisher Heads", ""Morning near Kiama", Moonlight near Kiama", "
..from Monastry Cloisters" , "
Mountains to land of
." , "Way of Sorrows" , "Blaxland on the Blue Mountains" , "Australian Eleven", " The Angelus" , "Potato Planting" , " Five small Egyptian Scenes" , "Temple of Isis" , "Allenburys entry into Jerusalem" , " The road to Jerusalem", and my Statuary named or known as "Secret of Love", (with stand) , "Two Dancing Girls Faith and Beatrice", in my trust to and for the said Lilian Emily Nicholson as long as she resides in the said house known as "Thelma" and upon the death of the said Lilian Emily Nicholson or upon the said Lilian Emily Nicholson ceasing to reside permanently at "Thelma" , whichever shall first happen then UPON AND to and for the Public Art Gallery at Newcastle when established, but should there be no Public Art Gallery in Newcastle on the happening of such event, then I empower my said Trustees to hand over custody of the said Prints , Pictures and Statuary to the Principal of the Newcastle Technical College and Museum for exhibition there until the establishment of such Art Gallery And as to my interests in the Company known as the Newcastle Morning Herald and Miner's Advocate Limited UPON TRUST to pay the whole of the net income proceeds and profits therefrom as and when received to the said Sydney Mosman Berkeley Wansey and Lilian Emily Nicholson in equal shares as long as the said Lilian Emily Nicholson shall live and subject to the said payment of the said share in the income proceeds and profits to the whole of my interests in the said Company UPON TRUST to transfer to the said Sydney Mosman Berkeley Wansey on his attaining the age of twenty one years and upon the death of the said Sydney Mosman Berkeley Wansey before attaining the age of twenty one years as the whole of my interest in the said company subject to the said share of the said Lilian Emily Nicholson in the net income proceeds and profits thereon upon Trust to and for my brothers. Herbert Walter Nickisson and William Edward Nickisson and my sister Mary Amelia Phillips or such of them that shall be living in equal shares as tenants in common AND as to the rest and residual of my property both real and personal and hereafter referred to as my residuary Estate UPON TRUST to sell, call in and convert into money as much thereof as shall be of a convertible nature and to get in the other parts thereof as and when my Trustees in their discretion shall think fit and never the less I give to my trustees discretionary authority to postpone the sale waiting in a conversion of my said residuary Estate or any part or parts thereof for such period or periods as my said Trustees may deem expedient and during such sale , selling in and conversion to manage and order the affairs thereof as regards carrying on and generally to set in the premises as if the same were their absolute property
AND I DIRECT my said Trustees to stand possessed of the net moneys to arise from the sale waiting ie said conversions of my said residuary estate on Trust to pay thereout all my Debts, Funeral and Supplementary expenses including all Probate , Estate and Stamp Duties and subject thereto Upon Trust therewith to pay the following Legacies, To Mary Phillips the Widow of James Phillips the sum of five thousand pounds, to each of the following namely Carrie McLeod Widow of Robert McLeod of Melbourne, Eva Kirkland the Widow of The Reverend John Kirkland , William Sparke of Newcastle Solicitor and Ida Wansey the Widow of Sydney Wansey of Newcastle the sum of one thousand pounds, to each of the following namelyRita Wilson daughter of the said Carrie McLeod, Janet McLeod daughter of the said Carrie McLeod,
..Ives wife of J.Clarence Ives of Sydney, Annie Bingle the wife of The Reverent R.W.Bingle, Reverend Dean Crotty, Alice Fuller Widow of W.M.Fuller, my Niece May Brooks ,my Niece Vera
, my Niece Millie Cooper , my Niece Margorie Nickisson , my Niece Millie Nickisson , my Niece
Nickisson , my Niece Ada Nickisson , my Niece Grace Nickisson , my Niece Nancy Nickisson , my Niece
.Nickisson , my Niece Joyce Nickisson , Nina
.., Florence Bate daughter of James Bate conditionally that she has not married during my lifetime but in the event of her marriage during my lifetime then to her mother the wife of James Bate Senior, Florence Pate the wife of John Pate, my God-child Joan Bingle, my God-child Alison Bingle, my God-child
.., my God-child Jocelyn
, my God-child Annie Kirkland Bingle, my Cousin Laura
of London , Rose Nickisson wife of my deceased brother Atwell Nickisson , Elizabeth.Nickisson wife of my brother Herbert Nickisson , Bertha Nickisson wife of my brother William Nickisson , Rita
. Daughter of Archibald
. of Newcastle the sum of five hundred pounds. To each of the following namely:
Daughter of my brother Arthur Nickisson deceased, Laura Neal daughter of my said brother Arthur, the wife of Frederick Nickisson . , the younger son of my brother Frederick and to the wife of Aubery Nickisson son of my said brother Arthur providing the said Aubery Nickisson marries in my lifetime the sum of three hundred pounds. To the said Sydney Mosman Berkeley the sum of five thousand pounds to the said Lilian Emily Nicholson , the sum of five thousand pounds to the Church of England Girls Grammar School at Newcastle for the continuation of the Hudson Berkeley Scholarship , the sum of one thousand pounds to the Church of England Boy's Home at Morpeth , the sum of one thousand pounds to the
of the Newcastle Christ Church Cathedral for the Church Missions , the sum of one thousand pounds to the Newcastle Hospital for its general purposes, the sum of one thousand pounds to the Newcastle
.Mission , the sum of one thousand pounds to set a part a sum of the one thousand pounds to provide an Endowment Fund and to apply the set income or proceeds thereof in and towards a stipend for the Very Reverend the Dean of Newcastle for the time being so long as there shall be a Dean attached to the Newcastle Christ Church Cathedral but during such time as the Lord Bishop of Newcastle shall act as Dean or there shall be no Dean this is to be applied to the general purpose of the Church of England Boys Home at Morpeth, the Church of England Girls Grammar School at Newcastle and the Church of England Girls Home for the Dioceses of Newcastle and the Church of England Boys School for the Dioceses of Newcastle if established or such of them as shall be in existence in equal shares. But in the event of the Lord Bishop of Newcastle acting as Dean or there be no Dean for a continuing period of ten years then to divide such principal sum of ten thousand pounds and any accumulation of the income thereon between the said Church of England Boys Home at Morpeth the said Church of England Girls Grammar School at Newcastle and the said Church of England Girls Home for the Dioceses of Newcastle and the Church of England Boys School for the Dioceses of Newcastle if established or such of them as shall be in existence in equal shares and as to the rest and residue of my of my residuary estate to and for the said Sydney Mosman Berkeley Wansey and Lilian Emily Nicholson in equal shares as tenants or owners in common. I declare that the said Legacies shall take priority and be payable in full in the following order mainly, Firstly the sum of five thousand pounds to the said Sydney Mosman Berkeley Wansey ,secondly the sum of five thousand pounds to the said Lilian Emily Nicholson , thirdly the sum of one thousand pounds to an Endowment Fund to provide a Stipend for the Very Reverent the Dean of Newcastle and lastly the remainder of the said legacies.
I FURTHER DECLARE that the share of Interest taken under my Will by the said Sydney Mosman Berkeley Wansey shall be invested by my said Trustee until the said Sydney Mosman Berkeley Wansey shall attain the age of twenty five years with power to my said Trustee to invest any part of the said moneys in the purchase of shares in the Company known as the Newcastle Morning Herald and Miners Advocate Limited , a power to raise money on the security of the interest of the said Sydney Mosman Berkeley Wansey under this my will for such purpose and I direct my said Trustees in the meantime in their absolute discretion to make such advancements to or for the support, education or advancement in life or otherwise for the benefit of the said Sydney Mosman Berkeley Wansey without being responsible for or concerned to see the due application thereof.
FURTHER THEN I DIRECT in the event of any of the said legatees under this my Will predeceasing me and leaving issue who shall survive me , such issue shall take and if more than one equal in shares as owners in common the share or interest their, his or her parent would have taken if living at my decease And I empower my said Trustees at their absolute discretion to apply the whole or any part or parts of interest or contingent interest of any infant taking under this my Will in or towards the support , education or advancement or otherwise for the benefit of such infant or to pay the same to the parent or guardian of any such infant or otherwise .. my said trustees deem proper without being responsible for or concerned to see to the due application thereof.
I DIRECT that my Solicitor WILLIAM SPARKE of NEWCASTLE shall continue to act as such in all matters relating to my property and affairs and shall be the Solicitor to my Trust Property and shall be entitled to make all proper and lawful charges for all legal work done by him or by any firm in which he may be interested. In addition to commission for administering my Estate affairs and Lastly I DIRECT that no publicity be given to the text of this my Will other than three relating to Public or Charitable bequests.
In Witness thereof I have hereon set my hand the tenth day of December in the year one thousand nine hundred and twenty five.
Signed by the said Annie Fowler Berkerley on and for her last Will and Testament in the presence of we present at the same time and we at her request in her presence and in the presence of each other we have hereunto subscribed our names as attesting witnesses.
F.J. Cleaves Managing Clerk, Sparke and Helmore, Newcastle
D.Sharp Articled Clerk, Newcastle
This Is A CODICIL to the last WILL and Testament of me ANNIE FOWLER BERKELEY of Newcastle in the State of New South Wales Widow which said will is dated the tenth day of December in the year one thousand nine hundred and twenty five in ADDITION to the provision made by my said will for my adopted son
SYDNEY MOSMAN BERKELY WANSEY I GIVE AND BEQUETH to my said Trustees such sums as they in their discretion shall consider sufficient but not exceeding in all the sum of Five hundred pounds per annum for a period of five years from this date to provide college fees for the said Sydney Mosman Berkeley Wansey for a period of four years and experience in the work and production of a newspaper or newspapers in Great Britain for a further period of one year. In all other respects I confirm my said Will
IN WITNESS THEREOF I have hereto set my hand this third day of February in the year one thousand nine hundred and thirtyAnnie F Berkeley
Signed by the said Annie Fowler Berkeley on and for a codicil to her last Will and Testament in the presence of we present at the same time and at her request in her presence and in the presence of each other have hereto subscribed our names as attesting witnesses
Lilian E.Nicholson "Thelma" Newcastle
Henry N Andeppon The Church House, Rue du Canada Canada, A.N., Clerk in Holy Orders and Chaplain
..Priest Of Holy trinity Church Ca
THIS IS A SECOND CODICIL TO THE LAST WILL AND TESTAMENT OF ANNIE FOWLER BERKELEY of Newcastle in the State of New South Wales Widow which said will is dated the tenth day of November in the year one thousand nine hundred and twenty five HEREAT by my said will. I bequeathed to the Very Reverend Tom Cretty the sum of five hundred pounds sterling. Now I revoke the said bequest to the Very Reverend Dean Cretty and in lieu thereof bequest to The Right Reverend Horace Gretty B.D. Bishop of Bathurst (formerly Dean of Newcastle) the sum of one thousand pounds sterling in all other respects I confirm my said Will.
In Witness THEREOF I have hereto set my hand the twenty third day of July in the year one thousand nine hundred and thirty Annie F.Fowler
Signed by Annie Fowler Berkeley on and for a second Codicil to her last Will and Testament in the presence of us present at the same time and we at her request in her presence and in the presence of each other have hereto subscribed our name as attesting witnesses.
J. Bates, 12 Collins Street, Melbourne, Australia, Technician
A.N. Theatten, 12 Collins Street Melbourne, Australia, Medical Practitioner
Note "Theatten" indistinct