Giuseppe Santamaria - Will - Australia

Description

Giuseppe Santamaria’s last will and testament.

All beneficiaries of this will are no longer receiving endowments, John Santamaria wrapped up the trust and ongoing payments in the 1990s.

Source

Original document in Santamaria Family Historical Collection. Caretaker is Nick Santamaria.

Transcript

THIS IS THE LAST WILL AND TESTAMENT of me JOSEPH SANTAMARIA of 1 Melville Road West Brunswick in the State of Victoria Gentleman I APPOINT NATIONAL TRUSTEES EXECUTORS AND AGENCY COMPANY OF AUSTRALIA SIA LIMITED of 95 Queen Street Melbourne in the said State and my sons BARTHOLOMEW AUGUSTINE SANTAMARIA FELIX JOSEPH SANTAMARIA and JOSEPH NATALINO SANTAMARIA EXECUTORS of my Will and TRUSTEES of my Estate (hereinafter called my Trustees) I GIVE AND BEQUEATH my personal chattels as defined by the Administration and Probate Act 1958 to my wife MARIA TERZITA SANTAMARIA for her own sole use and benefit absolutely I GIVE DEVISE AND BEQUEATH the whole of my real estate and the residue of my personal estate of whatsoever nature or kind and wheresoever situate to my Trustees UPON TRUST to sell call in and convert into money such parts thereof as do not already consist of money with power in their absolute discretion to postpone such sale calling in and conversion for so long as my Trustees may deem expedient without being responsible for any loss occasioned thereby and to hold the net proceeds thereof together with my ready money and together with my unconverted estate (if any) UPON TRUST as follows:

  1. To pay thereout all my just debts funeral and testamentary expenses and the whole of the duties of whatever kind payable in consequence of my death in respect of my estate and of all property which for the purpose of any act relating to duties payable upon death is deemed to form part of my estate or be chargeable with duty as though part of my estate and in respect of all property comprised in any settlement made by me which duties I direct shall be paid by my Trustees out of the residue of my estate and so that no person beneficially interested in my estate or in any such property shall be liable to refund my Trustees any part of any duty paid by them.

  2. To pay to my said wife an annuity of ONE THOUSAND DOLLARS ($1000) commencing from the date of my death during her life and I DIRECT that the annuity payable to my said wife shall be payable monthly and the first payment shall be made at the expiration of one calendar month from the date of my death and I FURTHER DIRECT my Trustees to set apart within twelve months after my death in their names and in any of the modes of investment hereinafter authorized a fund sufficient at the period of appropriation for answering the said annuity payable to my said wife AND I DECLARE that if the income of the fund so appropriated for the payment of the annuity shall at any time prove insufficient for the payment in full of the annuity a resort may be had to the capital thereof from time to time to make good such deficiency and that the surplus income (if any) after paying the annuity shall fall into and form art of my residuary estate end after the appropriation shall have been made my residuary estate shall be released from the payment of the annuity AND I FURTHER DIRECT that upon the death of my said wife the capital of such fund shall fall into and form part of my residuary estate.

  3. To pay the following pecuniary legacies:

    1. To my wife the said Maria Terzita Santamaria the sum of ONE THOUSAND DOLLARS for her own sole use and benefit absolutely;
    2. To such Catholic Priest or Catholic Priests as my Trustees may select (if more than one equally) the sum of ONE HUNDRED DOLLARS ($100) for the celebration of Masses for the repose of my soul and upon the death of my said wife a further sum of ONE HUNDRED DOLLARS ($100) for Masses for the repose of her soul;
    3. To the NATIONAL CIVIC COUNCIL the sum of FIVE HUNDRED DOLLARS ($500) AND I DIRECT that the receipt of the Secretary or other responsible officer for the time being of such Council shall be a full and sufficient discharge of my Trustees.
    4. To the Parish Priest for the time being of the Church of Saint Gaetano at Renalla Isola Salina Italy the sum of ONE HUNDRED DOLLARS ($100) for the upkeep of such Church.
    5. To the Parish Priest for the time being of the Church of Saint Joseph at Leni Isola Salina Italy the sum of ONE HUNDRED DOLLARS ($100) for the upkeep of such Church.
    6. To the Parish Priest for the time being of the Church of Maria Del Terzito at Vele de Chiesa Isola Salina Italy the sum of ONE HUNDRED DOLLARS ($100) for the upkeep of such Church.

  4. To expend the the sum not exceeding ONE THOUSAND DOLLARS upon the erection of a suitable tombstone over my grave in the Melbourne General Cemetery Carlton in the said State.

  5. To invest the sum of THREE THOUSAND DOLLARS in any of the modes of investment hereinafter authorized and to pay out of the income and capital thereof the sum of FIFTY DOLLARS to each of my grand children who marries after my death and before the expiration of twenty one years of the date of my last surviving child the time of his or her marriage and to pay the sum of TWENTY DOLLARS to each grandchild and great grand-child of mine who is born after twenty one years of the date of death of my last surviving child AND I DIRECT that the receipt of the parents of such grand-child or great grand-child shall be a full and sufficient discharge to my Trustees for the payment of such amount I DIRECT that in the event of the above-mentioned sum of THREE THOUSAND DOLLARS being insufficient for the purpose of paying all of the aforesaid legacies of Fifty Dollars and Twenty Dollars each recourse shall be had to the residue of my estate for making up any deficiency and in the event of the said sum being more than sufficient for the said purpose the surplus shell fall into and form part of the residue of my estate.

  6. To divide the residue of my Estate into twelve equal parts or shares and to hold such parts or shares upon the following trusts:

    1. As to one of such parts or shares to invest the seme in any of the modes of investment hereinefter authorized end to pay the net income arising therefrom for my son the said Bartholomew Augustine Santamaria during his lifetime and upon his death to pay the said net income to his wife HELEN SANTAMARIA during her lifetime so long as she shall remain his widow and upon the death of both my said son and his said wife or upon the death of my said son and the remarriage of his said wife whichever shall first occur my Trustees shall hold such balance UPON TRUST for such of them the child or children of my son the said Bartholomew Augustine Santamaria as shall be living at the date of his death and if more than one in equal share as tenants in common absolutely;
    2. As to one of such parts or shares to invest the seme in any of the modes of investment hereinefter authorized end to pay the net income arising therefrom for my son the said Felix Joseph Santamaria during his lifetime and upon his death to pay the said net income to his wife MARGARET MARY SANTAMARIA during her lifetime so long as she shall remain his widow and upon the death of both my said son and his said wife or upon the death of my said son and the remarriage of his said wife whichever shall first occur my Trustees shall hold such balance UPON TRUST for such of them the child or children of my son the said Felix Joseph Santamaria as shall be living at the date of his death and if more than one in equal share as tenants in common absolutely;
    3. As to one of such parts or shares to invest the seme in any of the modes of investment hereinefter authorized end to pay the net income arising therefrom for my son the said Joseph Natalino Santamaria during his lifetime and upon his death to pay the said net income to his wife DOROTHY SANTAMARIA during her lifetime so long as she shall remain his widow and upon the death of both my said son and his said wife or upon the death of my said son and the remarriage of his said wife whichever shall first occur my Trustees shall hold such balance UPON TRUST for such of them the child or children of my son the said Joseph Natalino Santamaria as shall be living at the date of his death and if more than one in equal share as tenants in common absolutely;
    4. As to one of such parts or shares to invest the seme in any of the modes of investment hereinefter authorized end to pay the net income arising therefrom for my son BERNARD JOHN SANTAMARIA during his lifetime and upon his death to pay the said net income to his wife JOSEPHINE SANTAMARIA during her lifetime so long as she shall remain his widow and upon the death of both my said son and his said wife or upon the death of my said son and the remarriage of his said wife whichever shall first occur my Trustees shall hold such balance UPON TRUST for such of them the child or children of my son the said Bernard John Santamaria as shall be living at the date of his death and if more than one in equal share as tenants in common absolutely;
    5. As to one of such parts or shares to invest the seme in any of the modes of investment hereinefter authorized end to pay the net income arising therefrom for my son JOHN ANTHONY SANTAMARIA during his lifetime and upon his death to pay the said net income to his wife HELEN JOAN SANTAMARIA during her lifetime so long as she shall remain his widow and upon the death of both my said son and his said wife or upon the death of my said son and the remarriage of his said wife whichever shall first occur my Trustees shall hold such balance UPON TRUST for such of them the child or children of my son the said John Anthony Santamaria as shall be living at the date of his death and if more than one in equal share as tenants in common absolutely;
    6. As to one of such parts or shares to invest the seme in any of the modes of investment hereinefter authorized end to pay the net income arising therefrom for my daughter JOSEPHINE MARIA TERZITA McGRATH during her lifetime and upon her death to hold the same UPON TRUST for such of them the child or children of my daughter the said Josephine Maria Terzita McGrath as shall be living at the date of her death and if more than one in equal share as tenants in common absolutely.
    IN THE EVENT of a failure of any of the trusts contained in sub—clause (a) to (f) inclusive of this clause 6 of this my Will hereinbefore declared then the parts or shares or the part or share in respect of which such failure shall occur shall be added as an accretion to the other parts or shares or part or share (and if more than one equally) in respect of which no such failure shall occur and shall be held upon the same trusts as are hereinbefore declared concerning the same respectively.
    1. TO INVEST the remaining six parts or shares in any of the thirtieth day of June in each year apply the net income arising therefrom as follows:
    • TO Saint Anthony’s Home for Boys Messina Italy the sum of TWENTY DOLLARS;
    • Saint Anthony’s home for Girls Messina Italy the sum of TWENTY DOLLARS;
    • Saint Anthony’s Home for Girls Bari Italy the sum of TWENTY DOLLARS;
    • The Home for Children of Prisoners at Pompel Italy the sum of TWENTY DOLLARS;
    • The Church of Our Lady at Pompeii Italy the sum of TWENTY, DOLLARS;
    • The Society of Saint Vincent de Paul at Brunswick the sum of FORTY DOLLARS;
    • The Society of Saint Vincent de Paul at West Brunswick the sum of FORTY DOLLARS;
      TO DIVIDE the balance of such income equally between the following charitable Institutions, namely:
    • The Lord Mayor’s Metropolitan Hospitals and Charities Fund;
    • The Royal Children’s Hospital Parkville;
    • St Paul’s School for the Blind Fernhurst Grove Kew;
    • Delgany School for Deaf Children Portsea;
    • The Divine Words Sisters Orphanage Richmond;
    • The Pallatine Fathers Missionary College Studley Park;
    • Road Kew for the education in the State of Victoria of Priests for missionary work among Australian Aborigines;
    • The Pastorell Sisters Orphanage Thornbury;

  7. I AUTHORIZE AND EMPOWER my Trustees in their absolute and uncontrolled discretion to invest any moneys in their hands belonging to my estate and available for investment in any or all of the undermentioned classes of investment with full power to vary and transpose such investments from time to time:

    1. Any securities authorized by the laws of the Commonwealth of Australia or any of the States thereof for investment of trust moneys by Trustees;
    2. The purchase of income producing realty;
    3. The purchase of the debenture stocks or shares of any industrial investment banking or commercial corporation the debenture stocks or shares of which are listed for quotation on the Stock Exchange of any of the capital cities in the States of the Commonwealth of Australia and with full power to take up new issues of shares in any such Company which issues are according to the terms and conditions of issue to be listed for quotation as aforesaid;

AND my Trustees shall not be called upon to account for any loss arising from the exercise of such discretion or occcasioned by any such investment but shall be fully indemnified by my estate in respect thereof AND I DECLARE that my Trustees may continue to hold my real estate or any part thereof or my personal estate or any part thereof in the form in which the seme may be et the time of my death for such period or periods as they shall in their absolute and uncontrolled discretion think fit notwithstanding that such real or personal estate may be of a wasting hazardous or speculative nature and my Trustees shall not be answerable or called upon to account for any loss occasioned by their continuing to hold such real or personal estate and pending the final distribution of my estate I EMPOWER my Trustees to manage and control the same in all respects as if they were themselves the absolute beneficial owners thereof I REVOKE all prior Wills and other testamentary dispositions heretofore made by me IN WITNESS whereof I the said Joseph Santamaria have hereunto set my hand this 28th day of April One thousand nine hundred and sixty six.

[Joseph Santamaria Signature]

SIGNED by the Testator the said JOSEPH SANTAMARIA as and for his Last Will and Testament in the presence of us both being present at the same time when at his request in his sight and presence and in the sight and presence of each other have hereunto subscribed our names as attesting witnesses.

M. McSherry    [Signature]    91 Mount St Kew, Law Clerk
R Pitts        [Signature]    43 Princess St Kew, Article Clerk
  • Document mentions Giuseppe Santamaria.
  • Is document of type Will.