1906 Sidney Tivey Will
Translation _~ Group 2
This is the last Will and
Testament of me
Sidney Tivey of Melbourne in the county of Derby
Boot Manufacturer Whereby I appoint my son
Tom Tivey of Melbourne aforesaid my son in law
Albert Andrews also of Melbourne and my friend Alfred
Henry Snape of Melbourne in the County of Derby
Solicitor (hereafter called my said Trustee) Trustees
and Executors of this my Will I give and bequeath
the legacies following that is to say To my dear wife Mary
Tivey a legacy or sum of Three hundred pounds for her
own use and benefit absolutely. To my friend the said Alfred
Henry Snape a legacy or sum of Ten pounds to my sister
Sarah Ann Mason a legacy or sum of Ten pounds and
to my Granddaughter Grace Tivey I give my pianoforte
I bequeath the wines liquors fuel and other consumable
household stores and provisions to my said wife absolutely I
give devise and bequeath unto my said wife Mary all
that my freehold dwellinghouse situate in south Street
Melbourne aforesaid in which I now reside and also all
That other freehold dwellinghouse adjoining the one last
Mentioned and purchased by me from Mrs Haywood
Also all my household goods furniture and effects not
hereinbefore bequeathed and the plate linen books pictures
and prints to my said wife for her life And after her decease
to my said Trustees (to be disposed of as part of my
residuary real and personal estate) according to the
then subsisting trusts of such residue) I give devise and
bequeath to my four sons Tom Tivey Fred Tivey Sidney
Tivey and Edward Tivey and my son Sinclair Albert
Andrews all the Stock in trade fixtures plant utensils and
effects employed in my trade or business of a Boot Manufacturer
And also the goodwill of the said trade or business And
all my freehold messuage Manufactory Offices and
Buildings estate in South Street Melbourne aforesaid
in which the said trade or business is carried on or used for
the purposes of the same And also the benefit of all contracts
subsisting in respect of the same trade or business and
all book and other debts and monies owing to me and respect
of the same subject to the payment by them of all debts and
liabilities owing or existing in respect of of the said business
And also subject to the payment thereout to my daughter
Lilian Wardle of one equal sixth part or share of the net
value thereof to be ascertained as next hereinafter provided
I direct that the value of my said business and premises
shall be determined by the ? of three did interested
persons or of any two of these one of such persons to be
chosen by my said sons Tom Tivey Fred Tivey Sidney
Tivey and Edward Tivey and my son in law Albert Andrews
one other of them by my said daughter Lilian the third
by such two persons so chosen And that in determining
such value nothing shall be charged for the goodwill
of the said business And I desire that my said sons
Tom Tivey Fred Tivey Sidney Tivey and Edward
Tivey and my son in law Albert Andrews shall
carry on my said business under the style or form of “S Tivey
& Sons” I give devise and bequeath all my real and
personal estate not hereinbefore otherwise disposed of
including my freehold houses and the furniture and effects whereof
the use and enjoyment are hereinbefore given to my wife subject
to her interest therein under such gift) ? to my said Trustees
upon trust to sell my said real estate and ? much of my
said residuary personal estate as shall be of a saleable nature
together or in parcels by public auction or private contract with
liberty to make my special or other conditions as to title or evidence
of title and to buy in the premises at any sale by public auction
and to rescind any contract for sale and to resell without being
answerable for any consequent loss and to get on the rest of
my residuary personal estate and after payment there out
? debts except debts owing on account of my said business
financial testamentary and executorship expenses to stand
? of the net monies to trust as aforesaid ?
For my children in such manner that the share of my sons
Fred Tivey shall be one tenth less than the shares of my other
children and that my daughter Lilian Wardle before participating
shall bring into catchpot the sum of One hundred and fifty
pounds advanced for her benefit during my lifetime the
respective shares of such children to be absolutely rested at
my death and if any of my children shall be in my lifetime
leaving issue any of whom shall be living at my death
such issue living at my death shall take equally amongst them
if more than one the share which their respective
parents would have taken if living at my death I declare
that my Trustees shall not sell my plot piece or parcel of
land at the rear of the messuages and premises belonging
to and now in the occupation of my two sons Fred and Sidney
Tivey until the the position thereof lying between the Southwardly
Boundary of their premises respectively and the property of
_________ Barter and of a width so extensive with their said
premises respectively shall have been offered by my said
Trustees in writing to each of my said sons Fred Tivey and
Sidney Tivey at a valuation to be made in a ?
manner to that herein before expressed respecting the valuation
of my said business nor until such sons shall have refused or
omitted to notify in writing to my Trustees then on his acceptance
of the offer within ten days after the making thereof but not
purchased under my Will shall be concerned to take notice of
this direction provided always and I declare that if my
said son Fred Tivey shall survive me my said Trustees
shall pay to him the sum of Twenty five pounds out of his
share of and in the residuary trust funds and shall hold
the balance upon the trusts following (that is to say) In
trust to invest and continue the investment thereof with ?
to vary such investments and to pay the income of the said
share and the investments representing the same ?
the said Fred Tivey until he shall assign charge or
otherwise dispose of the said income or some part thereof or
become bankrupt or do or suffer something whereby the said
income of belonging absolutely to him would ?
to or rested in some other person (which of the said events
shall first happen) And of the trusts thereinbefore declared
shall later ? the lifetime of the said Fred Tivey
then In trust during the remainder of his life to pay
and apply the income thereof for the maintenance and
support or otherwise for the benefit of all or such one
or more exclusively by the other or others of the said Fred
Tivey and his wife and issue for the time being And firm
And after the decease of the said Fred Tivey
? in trust to pay the income on the said share by the ? of the
said Fred Tivey so long as he shall
remain unmarried And after her decease or on her marriage
again In trust for all his children who being sons shall
attain that age or or marry in equal shares and if there
shall be but one such child And I declare that my executrix Alfred
Henry Snape who is a solicitor shall be allowed and paid
Out of my estate such account for costs charges and
Expenses in relation to business in connection therewith
As he should have been entitled to charge if he had not been
An Executor under this in my Will In Witness whereof
I the said Sidney Tivey have hereunto set my hand this
Twenty seventh day of October One thousand and nine hundred
And six, Sidney Tivey
Signed by the said Sidney Tivey as said for his last
Will and Testament in the presence of us, 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.
Henry Snape, Melbourne Walter Board
Box Maker, Melbourne
N Johns
On the 25th day of January 1907 Probate of this Will was
Granted at Derby to Tom Tivey Albert Andrews and Alfred
Henry Snape the Executors