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The Will of
George Arthur Waddel
late of Whenuapai
died 16th july 1969
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This is the paperwriting bearing the date the 19th day of march 1958 now produced and shown to
Joseph Denis Hogan, District Public Trustee for Auckland and refered to in his Affidavit to lead
grant of probate to the Public Trustee as sole executor,
SWORN at Auckland this 19th day of August 1969 before me:
A Solicitor of the Supreme Court of New Zealand.
To Jugment against The Public Trustee
WILL
This is the last Will and Testiment of me George Arthur Waddel of Whenuapai
in the provincial District of
Auckland in the dominion of New Zealand, Retired Engineer.
1. I Revoke all WILLS and testimentary dispositions at any time
heretofore executed by me
and I appoint the Public Trustee of the aforesaid dominion
(herein after refered to as "my Trustee") to be the executor
and trustee of this my WILL.
2. I give and bequeath all motor cars owned by me at my death and all
my plate and plated goods linen china glass books prints pictures funiture
and any other articles of houshold use or orniment owned by me at my death
and also all my articles of personal wear use or adonment
(including my jewellry and watches) owned by me at my death
to my wife Margaret Edna Waddel
But should she predecease me, to such of my children
(other than my son Edward George Arthur Waddel and my daughter Melva june Hall)
as survive me, and if there be more than one in equal shares the equal devision to be
as they shall mutually agree and failing agreement as my trustee in his sole descretion
shall decide.
3. I GIVE AND DEVISE my land and dwelling house situated in Totara Road,Whenuapai
owned by me at the date of this WILL (hereinafter referred to as "my said dwellinghouse")
to my Trustee to be held by him upon trusts following, Namely:-
- (a) Upon Trust as from my death to permit my said wife
Margaret Edna Waddel to have free use income occupation and enjoyment
thereof until her death or remarriage whichever first occurs
(the first of such events to occur or my death which ever later occurs being
hereafter referred to as the first period of Distribution")
subject to her paying all rates taxes interest insurance premiums and
other out goings usually payable out of income from time to time payable
in connection therewith and to her keeping in good order and repair and condition
to the satisfaction of my Trustee (except bin respect of any injury or
deterioration occasioned by fire lighting earthquake tempest
or other inevitable accident).
- (b) UPON TRUST from and after the first period of Distribution
as to my said Dwellinghouse to apply so much of the income arising therefrom
as my Trustees think fit for and towards the maintainance education
support advancement or benifit of such of my children (other than the said
Edward George Arthur Waddel and Melva June Hall as are
from time to time living or any one or more of them to the exclusion of others
or other of them in such shares and proportion and in such maner as my Trustee
thinks fit untill the first point of time when I shall have died
and all my children (other than the said Edward George Arther Waddel and Melva June Hall)
have respectively reach the age of sixteen(16) years of age or died under that age
(such first point of time or the first period of Distribution whichever later occurs
being herein referred to as "the second period of Distribution")
AND I DIRECT that as from the first period of Distribution untill the second
period of Distribution so much of the income arising from my said Dwellinghouse
and the resulting income thereof as is not applied in any year by my Trustee
as aforesaid shall be invested by my Trustee so as to accumulate at compond interest
to the intent that such accumulations shall be held on the same trusts as the capital
of my Dwelling house and shall follow the destination thereof and shall be subject
to all the trust affecting the same but my Trustee may at any time or times resort
to the accumulations of any proceeding year or years and apply the same for or
towards the maintainance education support advancement or benifit of my children
( other than the said Edward George Arthur Waddel and Melva June Hall ) as
aforesaid.
- (c) UPON TRUST from and after the second period of Distribution as to
my said Dwellinghouse to devide the same into nine(9) equal parts and to hold
such parts upon the trusts following, namely:-
(i) UPON TRUST as to the first one(1) of such parts for my said son
Edward George Arthur Waddel should he survive me, but should he predecease me
for such of his children as survive me and if more than one in equal shares.
(ii) UPON TRUST as to a further one of such parts for my said daughter
Melva June Hall should she survive me, but should she predecease me
for such of her children as survive me and if more than one in equal shares.
(iii) UPON TRUST as tothe remaining seven(7) such parts for such of my
children ( other than the said Edward George Arthur Waddel and Melva June Hall )
as survive the second period of Distribution and if more than one
in equal shares
PRVIDED however and I DECLARE that should any child of mine
( other than the said Edward George Arthur Waddel and Melva June Hall ) die at
or before the second period of Dristribution leaving a child or children
living at the second period of Distribution then and in every such case
such last mentioned child or children shall take and if more than one equally
among them the share or interest in the said remaining seven(7) parts which
his or her or thier parent would have taken under the provisions of
this clause (iii) of this subparagraph (c) of this paragraph numbered 3 of
this my WILL had such parent survived the second period of Distribution.
(iv) IN THE EVENT of the failiure of the forgoing trusts in
respect of any one or more of the aforesaid parts the part or parts whereof
the trust shall fail original as well as accruing shall be added to the
other or others of the said parts the trusts whereof have not failed rateably
and proportionally in accordance with the original devision and shall be
subject in all respects to the same powers trusts and provisions as herein
appear concerning the part or parts to which the same shall attach.
4. I GIVE DEVISE AND BEQUEATH the whole of my Estate both real and
personal of whatsoever nature and description and wheresoever situate
not herein before otherwise disposed of unto my Trustee
UPON TRUST to pay thereout my just debts funeral and testermentary expences
and all death duties payable in respect of my dutyable estate and to hold
the residue for my said wife Margaret Edna Waddel but should she
predecease me for such of my children
( other than the said Edward George Arthur Waddel and Melva June Hall )
as survive me and if more than one in equall shares.
5. I DIRECT that the powers conferred on my trustee by paragraph
numbered 6 of this my WILL shall extend and apply to the assets
devised and bequeathed by the paragraphs numbered 2 and 3 of this my WILL
and may be exercised in respect of such assets with written concent
of my said wife if she is alive and after her death at my Trustee's
descretion.
6. I AUTHORISE my Trustee in the administration of the Trusts
of this my WILL to exercise the following powers and authorities
or any of them namely:-
(a) To sell all or any part of my real and personal propperty by either
public auction or private contract or in such manner and subject to
such terms and considerations as he thinks fit with power to allow
the whole or any part of the purchase money to remain on mortage of
the property sold.
(b) To let any hereditaments for the time being remaining unsold either
from year to year or from any term of years or otherwise at such rent
and subject to such covenants and conditions as he thinks fit also to
accept surrenders of leases and tenacies and generally to manage them
as he thinks fit.
(c) To postpone the sale callinging in and conversion of my real and
personal estate or any part thereof for so long as he thinks fit
notwithstanding that it may be of a wasting speculative or reversionary
nature.
AND I DIRECT that 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.
AS WITNESS my hand 19th day of march
One thousand nine hunred and fifty eight.
I Margaret Edna Waddel of Whenuapai in New Zealand widow
Make Oath and say as follows:-
1. That I knew GEORGE ARTHUR WADDEL of Whenuapai in New Zealand
retired engineer now deceased, when alive and that the said
deceased as resident or domicile at Whenuapai.
2. That the said deceased died at Whenuapai on or about the
16th day of july 1969 as I am able to depose from having seen his dead body.
Sworn at NEW LYNN
on this 23rd day of July 1969
before me:-
A solicitor of the Supream Court of New Zealand
In The SUPREME COURT of Zew Zealand
Northern District, Auckland Registry
IN THE MATTER
of Family
Protection Act 1955 and its admendments
AND
IN THE MATTER
of the Estate of GEORGE ARTHUR WADDEL of Auckland pensioner deceased
BETWEEN
MARGARET EDNA WADDEL, PLAINTIFF
AND
The PUBLIC TRUSTEE as Executor of the WILL of
GEORGE ARTHUR WADDEL late of Auckland, pensioner deceased.
Before the Honorable Mr. Justice Henry
Wednesday the 22nd day of September 1971:
UPON READING the originating summons seeking further provision
from the Estate of George Arthur Waddel deceased taken out by the plaintiff
herein and upon reading the affidavits filed herein and
UPON HEARING
Mr. M.D. Edwards of council for the plaintiff;
Mr. H.T.D. Knight of council for Paul Maxwell Waddel an infant child
of the deceased;
Mr.R.S. Saunders of council for GlenArthur Hall, Shane Brian Hall,
and Coral Yvonne Hall the infant grandchildren of the deceased; and
Mr. G.J. Jamieso of council for the defendant;
and it appearing that further provision ought to be made for the
Plaintiff out of the Estate of the Deceased
THIS COURT HEREBY ORDERS:-
- (a) That the whole of the Estate be vested in the Plaintiff.
- (b) That the councils' costs and disbursments be paid out
of the Estate as approved in the shedule annexed hereto.
By The Court,
G.B.Cooper
Deputy Registrar,
