Frank Bennett BAILEY
- Born: 17 Dec 1877, Merriwa, New South Wales, Australia 2 3
- Married: 1908, St. Leonards, Sydney, New South Wales, Australia 1
- Died: 29 Jan 1951, 39 Addison Rd., Manly, Sydney, N.S.W., Australia 4 5
"BAILEY, Frank Bennett.January 29, 1951, at his residence, 39 Addison Road, Manly, beloved husband of Amy Frances Bailey and loved father of Clifford, Jack and Bertha, aged 73 years."
"Will of Frank Bennett Bailey, late of Manly, formerly of North Sydney, Retired.
THIS IS THE LAST WILL AND TESTAMENT of me FRANK BENNETT BAILEY of No. 47 Carr Street North Sydney in the State of New South Wales.
1. I REVOKE all former wills and testamentary dispositions heretofore made and DECLARE this to be my last Will and Testament.
2. IF my wife AMY FRANCES BAILEY shall be proved to have survived me for the space of one (1) month then but not otherwise I GIVE AND DEVISE all my real and personal estate to her absolutely AND APPOINT her sole executrix of this my Will.
3. If my said wife shall not be proved to have survived me for the period aforesaid THEN I APPOINT my sons CLIFFORD BENNETT BAILEY and JOHN BOLTON BAILEY to be the Executors and Trustees of this my Will AND I DIRECT AND DECLARE that the subsequent clauses of this my Will shall take effect.
4. I DECLARE that in the subsequent clauses of this my Will the expression "my Trustees" whenever the context permits shall mean and include the trustee or trustees of this my Will for the time being whether original or additional or substituted.
5. I DEVISE AND BEQUEATH unto my Trustees all my real and personal estate UPON TRUST to convert into money such part or parts thereof as may be necessary to pay my just debts funeral and testamentary expenses including State Probate Federal Estate and any other duty that may be payable in connection with my estate AND to stand possessed of the remainder of such real and personal estate UPON TRUST for my said sons CLIFFORD BENNETT BAILEY and JOHN BOLTON BAILEY in equal shares as tenants in common PROVIDED THAT if either of my said sons has already died AND ALSO if either of my said sons shall not be proved to have survived me for the period of one (1) month and shall die leaving children or a child surviving at the end of that period then such last named children or child shall by way of substitution take the share of the said nett proceeds which their his or her parent would have taken had such parent been alive at the end of such period and if more than one in equal shares and in case contingently on attaining the age of twenty-one years.
6. I DECLARE that my Trustees may postpone the sale calling in and conversion of any part of my real or personal estate for such period as they may in their absolute discretion deem fit without being liable to account notwithstanding that it may be of a wasting speculative or reversionary nature and that pending such sale calling in and conversion the income (including the net rents and profits of real estate and chattels real after payment of rates taxes rent costs of insurance repairs and other outgoings properly attributable in the opinion of my Trustees to 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 or conversion or of such property shall be paid or applied as past income.
7. I DECLARE that all moneys liable to be invested under the trusts of this my Will may be invested in any one or more of the investments following that is to say: (a) In any of the modes of investment for the time being authorised by law for the investment of trust funds (b) In any of the modes of investment in which any portion of my estate may be invested at the time of my death (c) In the purchase of real estate situate in the State of New South Wales including conditionally purchased and/or conditionally leased land (d) In the purchase of shares or debentures or debenture stock of any bank or banking company or of any other company carrying on business in New South Wales or elsewhere whether there is or is not a liability in respect of any such shares and whether the registered office of any such bank or banking company or other company is or is not within the State of New South Wales or the Commonwealth of Australia (e) On fixed deposit in any bank or banking company carrying on business in New South Wales.
8. I DECLARE that if at the expiration of three (3) months from my death proof that said wife or any such child as aforesaid survived me for the period of one month shall not have been received to the satisfaction of my Trustees THEN shall as Executors aforesaid prove my will and shall be at liberty to distribute my estate upon the footing that such person or persons did not survive me for the said period.
9. I DECLARE that it is my desire that out of the benefits provided for them under the terms of this my will my sons will make suitable provision for the maintenance and welfare of my daughter BERTHA VIVIAN MOSS during her life.
IN WITNESS whereof I have to this my Will contained on this and the two (2) preceding pages set my hand this Tenth day of February One thousand nine hundred and forty-two. FRANK B. BAILEY.
SIGNED AND ACKNOWLEDGED 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: J.D. Gaden, Solicitor, Sydney -- I. Turner, Clerk to Brady & Gaden, Sydney." 6
Frank married Amy Frances CARPENTER, daughter of John Bolton CARPENTER and Emma Frances, in 1908 in St. Leonards, Sydney, New South Wales, Australia 1. (Amy Frances CARPENTER was born about 1884 and died on 3 Aug 1964 in Manly, Sydney, N.S.W., Australia 7.)