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WILL OF ALFRED CARTER BROAD 1927



This is the last will and testament of me ALFRED CARTER BROAD of Dunedin in the provincial district of Otago and dominion of New Zealand, retired brush manufacturer.

1. I revoke all wills and other testementary writings heretofore made by me

2. I appoint JOSEPH FOWELL of Dunedin aforesaid, Brush manufacturer and JOHN LINDSAY WEIR of Eltham in the provincial district of Taranaki, solicitor, or the survivor of them (hereinafter referred to as
"My......Trustees") Executors and Trustees of this my will, and I declare that the expression "my trustees" whenever used herein shall include the said Joseph Fowell and John Lindsey Weir or the survivor of them
or other the trustees or trustee for the time being of this my will whether original or substituted

3. I give and bequeath all my shares and stock in the Otago Brush Company of Dunedin or in any company hereafter formed by which the business of the said company may be acquired (hereinafter referred to
as "the said shares" unto my trustees upon trust to apportion the first dividend paid thereon after my death and to hold the apportioned part thereof attributable to the period prior to my death as part of the
residue of my estate, and subject thereto to hold the said shares and the dividends thereon upon trust (but subject in the case of my son Wilfred Lawson Broad to the provisions hereinafter contained) and for
my sons Wilfred Lawson Broad and Leonard Frank Broad and my daughter Mabel Osborne Fowell as tenants in common in equal shares but subject to and charged with the payment of the following legacies
which shall be paid within three calendar months after my death and which shall bear interest thereafter if they remain unpaid at the rate of six pounds per centum per annum.

..........(a) To Miss Alice Wilson the sum of One Hundred Pounds in recognition of her long and faithful service as an employee of the said company

..........(b) To Miss Ruth Gibbs the sum of Fifty Pounds in recognition of her long and faithful service as an employee of the said company and

..........(c) To the New Zealand Alliance for the Abolition of the Liquor Traffic the sum of One Hundred Pounds which shall be paid through its Dunedin Office or branch if any and otherwise through its head office.

4. I direct that the shares and dividends hereinbefore bequeathed to my said son Wilfred Lawson Broad shall not go to him absolutely, but shall be held by my trustees (whether he shall survive me or not) upon
the following trusts or upon such of them as may be applicable in the curcumstances of the case that is to say

..........(a) To retain the said shares or any of them for so long as they may in their absolute discretion think fit without being responsible for any loss thereby sustained and so that all dividends received in respect
..........of the said shares (excepting always the first dividend paid thereon after my death and any payments received by way of return of share capital in a winding up) shall be treated as income and no part thereof
..........retained as capital and with power in their absolute discretion (but during the life of my said son only with his consent) to sell all or any of the said shares at such price or prices and upon such terms in all
..........respects as they may think fit

..........(b) To invest the proceeds of the sale or realisation of any shares held upon the trusts of this clause and all payments received by way of return of share capital in a winding-up and all other capital monies
..........arising from the said shares upon such securities as are authorised by the law for the time being in force in New Zealand relating to the trustees with power from time to time to vary the investments thereof.

..........(c) Out of the income derived from the said shares and from any such investments as aforesaid to pay the said New Zealand Alliance for the Abolition of Liquor traffic (through its Dunedin Branch if any
.......... and otherwise through its head office) during the life of my said son the sum of twenty-five pounds at the end of each and every year computed from the date of my death (except the first such year)
.......... and an apportioned part of the said sum for the year current at the death of my said son, and I direct that if the said Alliance shall cease to exist my trustees shall pay the same sums to the body
..........(whether incorporated or not) that may in their opinion (which shall be final and conclusive) for the time being be carrying on the same or substantially the same work as the said Alliance and if more
.......... than one to such one of them as my trustees may select and failing such body then to such body or person as they may in their absolute discretion deem best fitted to apply the same in or towards the
..........promotion of temperance or of prohibition in New Zealand.


..........(d) To pay the balance of the said income (as well during the first year after my death as afterwards) to the said Wilfred Lawson Broad during his life and I authorise and empower my trustees from
..........time to time in their absolute discretion if they shall consider it in the best interests of my said son so to do, to pay or transfer to him such part or parts of the assets for the time being subject to
.......... the trusts of this clause as they may think fit but so that the totel value of the part or parts from time to timw so paid or transferred shall not exceed one thurd of the value of the assets
.......... subjected to the trusts of this clause at the time of my death or subject thereto at the time of making any such payment or transfer (whichever shall be less).


..........(e) After the death of the said Wilfred Lawson Broad to hold the said shares and all other assets remaining subject to the trusts of this clause upon trust for his issue living at his death and if more than one
.......... equally between them as tenants in common and per stirpes parents taking in all cases to the exclusion of their children, and if there be no such issue then upon trust for my issue then living
.......... and if more than one then equally between them as tenants in common and per stirpes parents taking in all cases to the exclusion of their children.

5. I give and bequeath all and singular my real and the residue of my personal property of what nature and kind soever or wherever situate or being (including any real or personal property over which I may have
any general power of disposition or appointment) unto my trustees upon trust to sell call in collect and convert the same into money with power in their absolute discretion to postpone for such time or times
as they may think fit the sale, calling in collection or conversion of the whole or any part or parts thereof and after payment thereout of my just debts and funeral and testementary expenses and the estate
succession and other death duties payable in respect of the pecuniary legacies contained in the preceeding and succeeding clauses of this my will to hold the same together with any moneys payable under any policy or policies
of insurance on my life upon the following trusts, that is to say

..........(a) To pay the sum of One Hundred Pounds to Rachel Don wife of William Rae Don of Dunedin, stationer in appreciation of the noteworthy services rendered by her to the cause of Temperance and Prohibition in New Zealand

..........(b) To pay the sum of One Hundred Pounds to my brother George Broad of Bradfield St George, Suffolk, England (but deducting therefrom any moneys hereafter given by me to him or to any of his issue whether more or less
.......... in the total than the said sum)

.......... (c) To pay the sum of One Hundred Pounds to the widow (known as Triff Broad) of my late brother Henry Broad of London, England (but deducting therefrom any moneys hereafter given by me to er or to any of her issue
..........whether more or less in the total than the said sum)

.......... (d) If either my brother George Broad or the widow of my late brother Henry Broad shall have died before me leaving issue, him or her surviving and living at my death such issue shall take and equally if more than
.......... one of them per stirpes parents taking in all cases to the exclusion of their children the lagacy to which such person would have been entitlked under this my will had he or she survived me.

..........(e) After paying the said legacies to hold the ultimate residue then remaining (hereinafter referred to as "the residue of my estate") upon trust to pay or divide the same to or between such one of my children
.......... as shall be living at my death (but not including the said Wilfred Lawson Broad, Leonard Frank Broad or Mabel Osborne Fowell unless the gift of the said shares as defined in clause 3 of this my will shall fail
.......... to take effect) and so that they shall take if more than one in equal shares and as tenants in common, provided always and I direct that if my daughter Olive Gertrude Broad shall remain unmarried at the time
.......... of my death her share in the residue of my estate shall be not less than two thousand pounds and shall if necessary be made up to that amount by rateable contributions from all the other shares shares of residue
.......... and provide further that her said share shall not vest in her but be held by my trustees upon the trusts hereinafter set forth and provided further that if any child of mine shall have died before me leaving issue
.......... him or her surviving or living at my death such issue shall take and equally if more than one of them per stirpes parents taking in all cases to the exclusion of their children the lagacy to which such person would
..........have been entitlked under this my will had he or she survived me

6. I direct that if my said daughter Olive Gertrude Broad shall remain unmarried at the time of my death her share in the residue of my estate shall be held by my trustees upon the following trusts, that is to say:

..........(a) To pay to my said daughter an equal one half part thereof

..........(b) To invest the remaining one half part thereof upon such securities as are authorised by the law for the time being in force in New Zealand relating to trustees with power from time to time to vary the investments
.......... thereof and to pay the net income arising therefrom to my said daughter during her life;

..........(c) If my said daughter shall remain unmarried at the expiration of two years from the date of my death to hold the said remaining one half part and the investments thereof upon trust for my daughter absolutely

..........(d) If my said daughter shall die or marry before the expiration of two years from the date of my death, to hold the said remaining one half part and the investments thereof (freed and discharged
.......... from all the foregoing trusts) upon trust for such one or more of my children (including my said daughter in the event of her marrieage but not including the said Wilfred Lawson Broad, Leonard Frank Broad
.......... or Mabel Osborne Fowell unless the gift of the said shares as defined in clause 3 of this my will shall fail to take effect) as shall be living at such death or marriage as the case may be and if more than
.......... one then as tenants in common in equal shares, provided always that if any child of mine shall have died before me or before such death or marriage leaving issue him or her surviving and living at such death or marriage
.......... such issue shall take and if more than one equally between them as tenants in common and per stirpes parents taking in all cases to the exclusion of their children the share or interest under this present provision
.......... of this my will to which such deceased child would have been entitled had he or she been living at such death or marriage

7. Not withstanding the trust for conversion hereinbefore contained I declare that my trustees may retain any of my investments in the state in which the same shall be found at the date of my death for such time or times
respectively as they may in their uncontrolled discretion think fit without being responsible for any loss thereby sustained.

8. I empower my trustees to let or demise any part of my real or chattel real estate for the time being unsold for such periods and at such rents and upon such terms or conditions as they shall think fit with power to accept
surrenders from and make arrangements with and allowances to tenants and others and with all other powers expedient or desirable for the due management of such property as if my trustees were the absolute beneficial
owners thereof

9. I authorise and empower my Trustees from time to time in their absolute discretion to apply the whole or such part or parts as they may think fit of the income or capital of the share of any infant beneficiary
under my said will in or towards the maintenance education advancement in life or otherwise for the benefit of such infant beneficiary and I declare that my trustees may in their absolute discretion pay to any
guardian or other person who may for the time being have control or care of such infant beneficiaries any moneys to be applied to his or her maintenance eduction advancement in life or benefit under the foregoing
provision and the receipt of such guardian or other person for the moneys so paid shall be a sufficient discharge to my Trustees who shall not be bound to see the application thereof.

10. No Trustee of this my will shall be liable for any loss not attributable either to his own dishonesty or to the wilful commission of an act not known by him to be a breach of trust and in particular he shall not be bound
to take any proceedings against a co-trustee for any breach or alleged breach of trust committed by such co-trustee.

IN WITNESS whereof I have hereunto set my hand this eleventh day of March one thousand nine hundred and twenty seven

A C Broad.......................

Witnesses:
A B Adams, solicitor, Dunedin
A W Buchler Law Clerk Dunedin

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