The Will of Mary Jane Collett (Ref. 6O6) of Petone

was made on 4th June 1914

and proved at Wellington High Court during 1916

 

 

 

 

THIS IS THE LAST WILL AND TESTAMENT of me MARY JANE COLLETT of Petone near Wellington in the Provincial District of Wellington in the Dominion of New Zealand, Spinster.

 

1. I REVOKE all Wills and testamentary dispositions at any time heretofore executed by me AND I APPOINT THE PUBLIC TRUSTEE of the said Dominion (hereinafter termed "my trustee") to be the sole Executor and Trustee of this my Will.

 

2. I GIVE AND DEVISE my freehold property situate in Ridlers Crescent in Petone aforesaid together with the dwelling house thereon at the date of this my Will now occupied by me unto my trustee UPON TRUST as from the date of my decease during the life-time of MABEL ELIZABETH JANE EVANS (wife of William Grant Deville Evans of Petone aforesaid, Engineer) to allow the said Mabel Elizabeth Jane Evans to have the free use occupation and enjoyment of the same without impeachment of waste but subject to the payment by her of all rates, taxes, insurance premiums, interest and other outgoings whatsoever in respect of the same AND upon the decease of the said Mabel Elizabeth Jane Evans I direct my trustee to sell and convert into money the said freehold property and dwelling house and to stand and be possessed of the proceeds of such sale and conversion upon and subject in all respects to the same trusts and provisions as are hereinafter declared in the next paragraph (3) of this my Will of and concerning "the trust funds" therein referred to.

 

3. I GIVE AND DEVISE the whole of my estate both real and personal of whatsoever nature situate not hereby otherwise disposed of unto my trustee UPON TRUST to sell call in and convert into money the same or such part thereof as does not consist of money and with and out of the moneys produced by such sale calling in and conversion and of such part of my personal estate as consists of money to pay my just debts funeral and testamentary expenses and to stand and be possessed of the residuary trust funds including therein the proceeds of any policies of assurance on my life (the whole being hereinafter referred to as "the trust funds") upon the trusts following, that is to say

 

(a) UPON TRUST as from the date of my decease during the lifetime of the said Mabel Elizabeth Jane Evans to pay the income from the trust funds to the said Mabel Elizabeth Jane Evans by monthly instalments or such other instalments as my trustee shall from time to time think fit

 

(b) UPON TRUST as to the trust funds from and after the decease of the said Mabel Elizabeth Jane Evans in the first place to pay thereout to each of them my nephews WILLIAM AARON COLLETT of Lower Hutt, Coach Builder, and ALBERT EDWARD COLLETT of Dannevirke, Engineer, the clear sum of Four hundred pounds (400) AND in the second place to pay and transfer the rest and residue of the trust funds to my nephew AUGUSTUS HENRY COLLETT of Lower Hutt, Accountant, absolutely

 

 


 

4 . AND I DECLARE that in the execution of the trusts of this my Will my trustee may at his discretion exercise in respect of my estate all or any of the powers following, that is to say -

 

(a) To postpone the sale calling in and conversion of my real and personal estate or any part thereof for as long as my trustee may think fit notwithstanding that it may be of a wasting speculative or reversionary nature AND pending such sale calling in and conversion the whole of the net income of property actually producing income shall be applied as from my death as income and on the other hand on such sale calling in and conversion or on the falling in of any reversionary property no part of the proceeds of such sale calling in conversion or falling in shall be paid or applied as past income

 

(b) To let any hereditaments for the time being remaining unsold either from year to year or for any term of years at such rent and subject to such covenants and conditions as my trustee thinks fit and to accept surrenders of leases and tenancies and generally to manage the same as my trustee thinks fit

 

(c) Generally to exercise the same powers of managing improving and developing all or any part of my real and personal property as if my trustee were the absolute owner thereof

 

(d) To appropriate and partition any real and personal property forming part of my estate to or towards the share of any person or persons in the trusts hereinbefore contained and to charge any share with such sums by way of equality of partition as he may think fit and for such purpose to fix the value of any real or personal estate so appropriated as he may think fit AND I declare that every such valuation appropriation and partition shall be binding on all persons beneficially interested under this my Will

 

(e) To settle and determine all questions whatsoever which may arise in relation to my real and personal property or any part thereof AND ALSO to determine whether any money for the purposes of this my Will is to be considered as income or capital and what expenses ought to be paid out of income and capital respectively and also to apportion blended funds AND every such determination or apportionment shall be final and binding on all persons beneficially interested under this my Will

 

AS WITNESS my hand this 4th day of June, 1914

 

SIGNED by the said Mary Jane Collett as and for)

her last Will and testament in the presence of )

us together present at the same time who in her ) signed by M J Collett

presence at her request and in the presence of )

each other have hereunto subscribed our names )

as witnesses

[Signed J W McLeod Solicitor Wellington]

[Signed M W Watson Civil Servant Wellington]

 

 

 

 

 

Siblings Mabel Elizabeth Jane Evans nee Collett (Ref. 6P9),

William Aaron Collett (Ref. 6P10), Augustus Henry Collett (Ref. 6P11),

and their cousin Albert Edward Collett (Ref. 6P15)