Thursday, November 17, 2016

Grandpa C.S. Braine's Will




On May 13, 1924, the day before he married Engracia Nonis (with whom he had lived for more than 15 years), grandpa wrote his will, registered No. 1363. He appointed Ronald McDonald, a fellow planter at nearby Giriulla, and Henry Francis Charles Phillips of Dolosbage, another planter in the central hill country, as his executors and trustees.

Grandpa bequeathed to his brother William Belgrave Beacher Braine and to his nephew John and his niece Delphine (both children of his brother) all shares and holdings which "he may possess" in any companies registered in England and any other property or effects in England.

Grandpa's collection of stamps and pictures painted by his mother and aunt were bequeathed to his sisters Mrs. Mary Combe and Mrs. Muriel Mackie. 

To Engracia Nonis of Boralessa village, grandpa bequeathed all his household furniture and all other articles of personal domestic or household use or ornament.

All the rest of his estate both real and personal were bequeathed to his trustees, to be converted to money to cover his debts and funeral and testamentary expenses, and to invest the surplus moneys in public trust funds and securities in the UK or India or any colony or dependency, and to pay Engracia Nonis an income during her lifetime from any parts of his estate that remained unsold. After Engracia Nonis' death, the income would be shared equally among his children. 

By a Codicil dated 25 November 1921, written 3 years before his death (registered No 1295), grandpa revoked the appointment of Ronald McDonald as an executor and trustee, and appointed Attorney Fred de Saram of Colombo in Mr. McDonald's place.

Note: I have only copied the important information from the Will and Codicil.

A number of matters arise:

1. At the time the Will was written, grandpa had fathered 8 children from Engracia Nonis. (My dad Teddy was born in 1926, after they were married.) So, why did he leave so little to his wife? What is not mentioned in the Will are the properties that may have been bought in Engracia Nonis' name: "The Meet" at Boralessa, the 50-acre Greenwood Estate close to Dankotuwa, "Stanlodge" and another property at Lewis Place, Negombo, and about 5 acres of land at Boralessa. Grandma lived at "The Meet" and the other properties were later divided among the children.

2. Why was Ronald McDonald dropped as a Trustee? From what my dad Teddy told me, uncle George was engaged to marry a Nora McDonald (who could have been Mr. McDonald's daughter). When uncle George fell for Rose Nicol and broke the engagement with Nora, grandpa and Mr. McDonald may have fallen out. Nora went onto marry Mr. Hugh Fernando, who later became the Speaker in Ceylon's Parliament.

3. When grandpa was recuperating from his injuries (he fell off a cart at Mawatte Estate), he stayed in Negombo, but not at his house, "Stanlodge". Apparently, he stayed at a guesthouse run by an Englishwoman, Mrs. Carey. When grandpa was dying and some of his children were attempting to convert him to Catholicism, Mrs. Phillips, the wife of the Mr. Phillips on the Will, was in Negombo and she had strongly opposed the conversion. Eventually, they compromised: grandpa died a Catholic but was buried in the Anglican section of the General Cemetery, Negombo.

A number of Europeans, planters, their wives, and others, moved to Negombo for the warm weather and wonderful beaches. 



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