- LOCKE WILLIAM HENRY late of Sydney Retired Insurance Manager.
William Henry Locke (Record 371628)
- Role: Deceased / Testator
- Occupation: Retired Insurance Manager
- Residence: Late of Sydney, New South Wales
- Death: 7 September 1950
- Will Date: 30 December 1944
- Codicil Date: 30 January 1946
- Probate Date: 5 January 1951
- Estate Value: £8089.10.3 Nett
- Family Members Mentioned:
- Lilian Lucy Locke (Wife)
- Walter Reginald Locke, Aubrey William Locke, Charles Herbert Locke (Sons & Executors)
- John Locke (Son) – Note: Died in Borneo as a Prisoner of War of the Japanese in or about March 1945.
- Winifred Mary Vickery, Alice Rosalie Swan, Helen Nielsen (Daughters)
- Martin Reginald Firth Vickery, Alfred Lawrence Swan (Sons-in-law)
- Other Beneficiaries: Ethel Mary Broad (of Mosman), Frederick William Westcott (of Melbourne, Victoria), Nell Westcott (Wife of Frederick).
- Associated Individuals: A. Le C. Merry, Eileen Merry (Witnesses).
This is the Last Will and Testament of me William Henry Locke of Sydney in the State of New South Wales Retired Insurance Manager.
(1) I hereby revoke all wills and testamentary dispositions at any time heretofore made by me and declare this present writing to be my last Will and Testament.
(2) I appoint my sons Walter Reginald Locke, Aubrey William Locke, Charles Herbert Locke and John Locke Executors and Trustees hereof Provided that if the said William Reginald Locke, Aubrey William Locke, Charles Herbert Locke and John Locke shall all be on active military service out of New South Wales at the time of my death or if all of them my said sons shall predecease me I appoint my sons-in-law Martin Reginald Firth Vickery and Alfred Lawrence Swan to be Executors and Trustees hereof and I express the wish that if my said sons or any of them shall return to New South Wales and be discharged from military service the said Martin Reginald Firth Vickery and Alfred Lawrence Swan shall retire from the trusts hereof
(3) I give and bequeath my watches jewellery and all my household furniture plate linen china glass books pictures prints cutlery silver and other household effects belonging to me at the time of my death to my Trustees Upon Trust for my eldest surviving son at the time of my death and if none of my sons shall survive me for my eldest surviving daughter at the time of my death to distribute the same per capita and not per stirpes in his or her discretion equally or as near as possible thereto amongst my wife Lilian Lucy Locke and all my children living at the time of my death provided always that if any of my children shall have predeceased me leaving children me surviving such children shall take if more than one in equal shares the share to which his her or their parent would have been entitled had he or she survived me.
(4) I give and bequeath the sum of One hundred pounds (£100) to each of the following namely – my wife Lilian Lucy Locke, Ethel Mary Broad of Mosman near Sydney Aforesaid and Frederick William Westcott of Melbourne in the State of Victoria but if the said Frederick William Westcott shall predecease me I direct that the legacy to which he would have been entitled had he survived me shall be paid to Nell Westcott his wife for her own sole use and benefit
(5) I direct that the said legacies shall be paid to the persons entitled to receive the same free of Estate and Death Duties.
(6) I give devise and bequeath all my real and the rest and residue of my personal estate of whatsoever nature or kind and wheresoever situate of or to which I shall die seised possessed or entitled and whether in expectancy reversion or remainder unto my Trustees upon trust after payment thereout of all my just debts funeral and testamentary expenses the aforesaid legacies and all Estate death and other duties payable in respect of my estate to Pay the net income therefrom to my said wife until her death or remarriage (W.H. LOCKE Witnesses A. Le C. Merry, Eileen Merry) and thereupon subject as is hereinafter provided to hold the same for such of my children as shall survive me if more than one equally between them.
(7) I declare that notwithstanding anything hereinbefore contained if any child of mine shall predecease me leaving a child or children who shall be living at the time of my death such child or children who attain the age of twenty one years shall take and if more than one equally between them the share in that part of my real and residuary personal estate which his her or their parent would have taken had such parent lived to attain a vested interest therein.
(8) I hereby authorise and empower my Trustees in their absolute discretion notwithstanding anything hereinbefore contained (i) To pay and apply the whole or any part of the income from and/or the capital of the share in my estate to which any infant may be prospectively or contingently entitled in and towards his or her education maintenance and advance- ment in life and for that purpose to pay the same to the guardian of such infant and to accept the receipt of such guardian therefor without being bound to see to the application thereof (ii) To manage and let upon lease for any term of years or from year to year my real estate at such rental and on such terms and conditions as they shall think fit (iii) To retain all investments of mine existing at the date of my death no matter how hazardous or limited the description or nature of the same may be (iv) To sell the whole or any part or parts of my said real and personal estate (whether as originally constituted or as varied by subsequent investment or change of investment and whether or not the same shall be at home) at such times in such manner and upon such terms and conditions as they shall think fit. (v) To invest all capital moneys at any time in their hands including moneys representing the proceeds of any sale or conversion and also all proper accumulation of income in or upon any one or more of the ways in which Trustees are by law authorised to invest trust funds and in or upon any one or more of the following investments:- (a) bonds stocks debentures or like securities of any public municipal or local body or authority in the Commonwealth of Australia; and (b) (i) deposit with (ii) shares (ordinary or otherwise) bonds debentures or inscribed stock or debenture stock (including taking up new shares bonds debentures inscribed stock or debenture stock) of any company of which I am a sharehold- er at the time of my death or which may be promoted by any such company either before or after my death or any company the shares of which are listed on the Sydney Stock Exchange: and (c) the purchase or first mortgage of rent producing freehold or lease- hold or conditionally purchased or conditionally leased lands in any part of the Commonwealth In Witness whereof I have set my hand to this and the two preceding pages this thirtieth day of December in the year of our Lord One thousand nine hundred and forty four. W.H. LOCKE. Signed published and declared by the Testator as and for his last Will and Testament in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses:- A.Le C. Merry Eileen Merry.
This is the First Codicil to the Last Will and Testament dated the thirtieth day of December One thousand nine hundred and forty four of me William Henry Locke of Sydney in the State of New South Wales Retired Insurance Manager.
(1) I revoke the whole of the provisions in clause (2) of my said Will contained relating to the appointment of executors and trustees and now I do hereby appoint my sons Walter Reginald Locke, Aubrey William Locke and Charles Herbert Locke to be executors and trustees of my said Will and of this my Codicil thereto (2) Whereas (i) My son John Locke a former member of the Australian Imperial Force died in Borneo as a Prisoner of War in the hands of the Japanese in or about the month of March One thousand nine hundred and forty five; (ii) Under the provisions of the last Will of my said son I am entitled to receive a share in his estate which has been valued for probate purposes at approximately One thousand eight hundred pounds (£1800) (iii) It is my intention during my lifetime to pay and divide the net proceeds of the share which I shall so receive under the Will of my said son equally to and amongst my wife Lilian Lucy Locke and my children Walter Reginald Locke, Aubrey William Locke, Winifred Mary Vickery, Alice Rosalie Swan, Charles Herbert Locke and Helen Nielsen Now I do hereby direct my trustees in the event of my dying without having so paid and divided the net proceeds of the share which I shall have received or to which at the time of my death I shall be entitled to receive under the Will of my son the said John Locke to pay out of all my real and the rest and residue of my personal estate referred to in my said Will a legacy of Two hundred pounds (£200) to each of them the said Lilian Lucy Locke, Walter Reginald Locke, Aubrey William Locke, Winifred Mary Vickery, Alice Rosalie Swan, Charles Herbert Locke and Helen Nielsen I hereby declare that (a) each said respective legacy hereby bequeathed shall bear its proportionate part of the estate and death duties of the Commonwealth of Australia and of the State of New South Wales which shall be charged against my estate (b) notwithstanding anything hereinbefore contained if any one or more of my said children shall predecease me leaving a child or children who shall survive me such child or children who shall have attained or shall attain the age of twenty-one years shall take and if more than one equally between them the legacy of Two hundred pounds (£200) charged with the payment of its proportionate part of the duties aforesaid which his her or their parent would have received had such parent survived me;
(3) I hereby revoke sub-clause(v) of clause (8) in my said Will contained relating to the investment of capital moneys in the hands of my trustees and I do now authorise and empower my trustees in their absolute discretion and notwithstanding anything in my said Will contained to invest all capital moneys at any time in their hands including moneys representing the proceeds of any sale or conversion and also all proper accumulations of income in or upon any one or more of the ways in which Trustees are by law authorised to invest trust funds and in or upon any one or more of the following investments:- (a) bonds stocks debentures or like securities of any public municipal or local body or authority in the Commonwealth of Australia; and (b) (i) deposit with (ii) shares (ordinary or otherwise) bonds debentures or inscribed stock or debenture stock (including taking up new shares bonds debentures inscribed stock or debenture stock) whether at or below par or at a premium of any limited liability company wherever incorporated; and (c) the purchase or first mortgage of rent producing freehold or leasehold or conditionally purchased or conditionally leased lands in any part of the Commonwealth I confirm my said Will in all other respects In witness whereof I have hereunto set my hand to this and the one preceding page this thirtieth day of January in the year of our Lord One thousand nine hundred forty six.
W.H. LOCKE. Signed published and declared by the Testator as and for a codicil to his last will and testament in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses:- Eileen Merry A. Le. C. Merry. 5th January, 1951. Probate of the last Will and Codicil of the abovenamed deceased was granted to Walter Reginald Locke, Aubrey William Locke, Charles Herbert the Executors named in the said Codicil. Testator died on the 7th day of September, 1950.
Estate sworn at the sum of £8089.10.3. Nett.
Wayne and Sandra's Family History 