Dated 28 August 1879
Will of Mrs Susan Paddy
Dated Fifth August 1891
Codicil
Wynn Williams & Son
Solicitors
Christchurch
Wynn Williams & Deacon
Solicitors
Christchurch
This is a Codicil to the last Will and Testament
(within written) of me Susan Paddy of Christchurch
Widow
I appoint John Wesley Smith of Sydenham
Painter to be an Executor and Trustee in the place of
my deceased husband William Paddy
In all other
respects I confirm my said Will
In witness whereof
I have hereunto set my hand this [BLANK] day of
August One thousand eight hundred and ninety one
Signed and acknowledged by the said Susan Paddy as
and for a Codicil to her last Will and Testament in the presence
of us both being present at the same time who at her request
in her presence and in the presence of each other have hereunto
subscribed our names as Witness
This is the paper writing marked 'A' referred to in the affidivit of Nathaniel Philip Meyers and John Wesley Smith Sworn before me this first day of October 1891
E Ross
A Solicitor
I Susan Paddy of Montreal Street Christchurch in the provincial District of Canterbury in New Zealand Wife of William Paddy of the same place Baker declare this to be my last Will and Testament I devise
Firstly all that parcel of land containing One Rood four Perches and one Quarter of a Perch being part of Lot 138 Christchurch Town Reserves which land commences at a point on the eastern boundary of the said Section a distance of One chain from the North Eastern corner of the said Lot 138 thence extending Southward into a frontage to Montreal Street of thirty six feet thence Westward a distance of fire chains fifty five links thence Northward a distance of thirty six feet thence Eastward a distance of five chains fifty five links to the starting point
Secondly All that piece or parcel of Rural land being part and parcel of Section No. 71 on the map or plan of the Chief Surveyor of the said Provincial District of Canterbury setting out and describing the Rural Land in the Christchurch District which said piece of land commences at a point twenty four chains and five links from the extreme Northwestern point of said Section 71 then running to the North Westward a distance of sixty links fronting on the said road to Christchurch and running backward a depth of Four hundred and twenty five links in a rectangular Block and is bounded on the North eastern side by a piece of the same Section Numbered Lot 4 and on the North Eastern side by a piece of the same Section Numbered Lot 6
Thirdly All that parcel of land being part of Lot Numbered 136 on the map of the Provincial Engineer setting out the Town Reserves of Christchuch aforesaid commencing at a point being the South Eastern corner of the said Lot thence Westerly a distance of twenty five feet and extending back therefrom Northerly in a rectangular block a distance of ninety eight feet
Fourthly All that rectangular piece or parcel of land being part of original Section No. 170 of the Town reserve of the City of Christchurch which said parcel of land commences at the South East corner of the said Section No. 170 thence extending due West along the Southern boundary of said Section 170 and fronting upon Chester Street a distance of twenty eight feet and extending back Northward a distance of sixty feet the said parcel of land being bounded on the East by original Section 169 on the South by Chester Street and on the West and North by other parts of Section 170
Fifthly All that piece of land situated in the City of Christchurch containing nine perches or thereabouts and measuring as well on the Northerly as on the Southerly side twenty five feet and as well on the Easterly as on the Westerly side ninety eight feet the South Eastern extremity whereof is a point of the Southern boundary of the undermentioned Lot twenty five feet West to the South Eastern corner thereof which said parcel of land is part of the Lot Numbered 136 delineated in the Public Map of the said City shewing the Town reserves deposited in the Office of the Chief Surveyor
To Nathaniel Meyers of Christchurch aforesaid Merchant and my husband the said William Paddy their heirs executors and administrators respectively Upon trust that the said Nathaniel Meyers and William Paddy and the survivors and survivor of them and the heirs executors and administrators respectively of such survivor shall pay the rents upon and income thereof to my my husband the said William Paddy for the term of his natural life he thereout supporting maintaining and educating my daughters during their minority and after the death of my said husband
Upon trust to pay the rents efsnes? and income of All that piece or parcel of land hereinbefore Firstly described to my Daughter Maria Churcher Meyers during her life free from the debts or control of any husband
And upon trust to pay the rents afsines? and incomes of the said piece of land Secondly hereinbefore described to my Daughter Helen Elizabeth for her life free from the debts or control of any husband
And upon trust to pay the rents asines? and income of the said piece of land Thirdly hereinbefore described to my Daughter Helen Elizabeth for her life free from debts or control of any husband
And Upon trust to pay the rents afsnes? and income of the piece of land hereinbefore Fourthly described to my Daughter Helen Elizabeth for her life free from the debts or control of any husband
And upon trust to pay the rents afsines? and income of the piece of land hereinbefore Fifthly described to my Daughter Helen Elizabeth for her life from the debts or control of any husband
And it is hereby declared that it shall be lawful for the said Trustees or Trustee at any time or times to demise all or any of the hereinbefore mentioned lands and premises for any term of years absolute and not exceeding twenty one years to take effect in possession so as there be reserved? on every such demise the best yearly rent or rents obtainable therefor and so as there be contained in every such demise a condition of Entry? for non payment within a resonable time to be therein specified of the rent or rents thereby reserved and so as the Lesee or Lesees do execute a counterpart thereof
And I hereby declare that upon the death of my said Daughters or any of them my said Trustees or Trustee shall hold the Land from which the income of such daughters or daughter is derived Upon trust for the Children or Child of such daughters or daughter for to divide the same equally betweeen the Children of such Daughters or Daughter and in default of such issue Upon trust to divide the same equally between my surviving Daughters or Daughter and the child or Children of any deceased Daughters or Daughter such child or children taking per stripes? and not per capita
And I bequeath all my personal estate to the said Nathaniel Meyers and William Paddy Upon trust after payment of all my debts testamentary and funeral expences for my husband the said William Paddy
And I hereby declare that if my said personal estate shall prove insufficent to pay my debts funeral and testamentary expences that it shall be lawful for my said Trustees to raise a sufficient sum by way of Mortgage on any of the lands and premises hereinbefore devised to them as such Trustees as aforesaid or on any part of parts thereof and to adjust and arrange such Mortgage debt so as to be equally borne by the person benefically interested under this my Will
And I hereby declare that if the said Trustees hereby appointed or any of them or any Trustee or Trustees to be appointed as hereinafter is provided shall die or be desirous of being discharged or refuse or become incapable to act then and so often the said Trustees or Trustee (and for this purpose any acting Trustee shall be considered a Trustee) may appoint any other person or persons to be a Trustee or Trustees in the place of the Trustee or Trustees so dying or desiring to be discharged or refusing or becoming incapable to act And upon every such appointment the said Trust premises shall be so transferred that the same may become vested in the new Trustee or Trustees or solely as the case may required and every such new Trustee shall (both before and after the said trust premised shall have become so vested have the same powers authorised and discretions as if he had been hereby originally appointed a Trustee
And I declare that the Trustees or Trustee for the time being of this my Will shall be chargeable only with such moneys as they or he respectively shall actually receive and shall not be answerable the one for the other of them nor for any Banker Broker or other person in whose hands may of the trust moneys shall be place
And that the said Trustees or Trustee for the time being may reimbursed themselves or himself out of the moneys which shall come to their or his hands under the trusts aforesaid trusts
And I appoint my said Trustees Executors of this my Will
In Witness Whereof I have hereunto subscribed my name to this and the 3 preceeding [sic] sheets of paper this Twenty eighth day of August One thousand eight hundred and seventy nine
Signed by the said Testrix Susan Paddy as and for her last Will and Testament in the presence of us present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as Witnesses
Susan Paddy [Signature]
Chrisr. ???
J Scott
Clerks to Williams & Deacons
Solicitors
Christchurch
This is a Codicil to the last Will and Testament of me Susan Paddy which is annexed hereto and dated the twenty eighth day of August 1879
I give devise and bequeath all my personal estate and effects to my daughter Maria Churcher Meyers I appoint John Wesley Smith of Sydenham Painter to be an Executor and Trustee with Nathaniel Philip Meyers (described in the said Will as Nathaniel Meyers) in the place of my deceased husband
I empower the Trustees of my said Will to sell any one or all of the parcels of land Secondly Thirdly, Fourthly and Fifthly described in my said Will for the purpose of paying my just debts and to make such terms for payment of the purchase moneys as my Trustees may think fit.
In all other respects I confirm my said Will In witness whereof I have hereunto set my hand this fifth day of August One thousand eight hundred and ninety one
Susan Paddy [Signature]
Signed and acknowledged by the Testrix Susan Paddy as and for a Codicil to her last Will and Testament in the presence of us both being present at the same time who at her request in her sight and presence and in the sight and presence of each other have hereunto subscribed our names as Witness
Rich ??? Lees [Signature]
Clerk to messrs. ?? Williams & Son
Solicitors Christchurch
Elizabeth Elleen Woodard [Signature]
Terry? Road
Wife of John Woodard
of Terry? Road Boot Maker
This is the paper writing marked B referred to in the affidavit of Nathaniel Philip Meyers and John Wesley Smith Sworn before me this first day of October 1891
E Ross [Signature]
A Solicitor
Source: FamilySearch Christchurch Probate Files, 1855-2003; Item Code: R22385826; Box Number: 67; Record Number: CH2156/1891