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PUBLIC RECORD OFFICE

Reference :-

447774 CO885/25

لسل السلسا

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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whatever is done in Ceylon will be in accordance with a general decision. There is, further, the case of Mr. Humbert, the proprietor of St. Andrew's Hotel at Nuwara Eliya, whose business is already in process of liquidation under a power of attorney which he has given to a firm of chartered accountants. In my opinion, the liquidation of this business should in any case continue under the Ordinance. I have drawn the Ordinance in as It cannot be effectively carried out otherwise. broad a manner as possible, and for the purpose of indicating what is liable to liquidation have defined "business" as including any enterprise, work, or occupation carried on by an enemy, whether directly or by an agent on his behalf" (Section 33). This will enable any direction as to the extent of the application of the Ordinance which may be ultimately received from the Secretary of State to receive effect.

24. By way of recapitulation it may be well to indicate the points mentioned in this memorandum on which it would be convenient to receive directions from the Secretary of State. They are as follows:-

(a) The proposal that all immovables jointly vested in the partners of a firm

shall be deemed to be the property of the firm (paragraph 6);

(b) The exercise by the Governor of the special power reserved to him under

Section 6 (b), paragraph 13;

(c) The period within which outstanding liabilities must be got in, and,-in

particular, the case of Philip de Silva (paragraphs 19 and 20); (d) The extent of the application of the Ordinance (paragraph 23).

ANTON BERTRAM,

Attorney-General.

17th April, 1916.

Registered A. 50/1.

MORTGAGE IN FAVOUR OF MRS. FREUDENBERG,

No. 4497.

KNOW all men by these presents that we Reinhart Freudenberg Winfried Freudenberg and Siegmund Freudenberg all of Colombo in the island of Ceylon are held and firmly bound unto Mrs. Amalie Freudenberg of Colombo aforesaid widow of the late Philip Freudenberg deceased in the sum of rupees seven hundred and forty-seven thousand and eighty-one and seventy-one cents lawful money of Ceylon the same being the equivalent in Ceylon currency according to the current rate of exchange of the sum of fifty thousand pounds sterling for money borrowed and received by us and which said sum we do hereby engage and bind ourselves and our heirs executors and administrators to pay on the death of the said Amalie Freudenberg (the life renter thereof) to the persons entitled to the same under the last will and testament of the said Philip Freudenberg bearing No. 4029 dated the twenty-fourth day of January 1910 and duly proved in testamentary proceed- ings No. 3872c of the District Court of Colombo. And we hereby further engage and bind ourselves and our heirs executors and administrators to pay unto the said Amalie Freudenberg during the term of her natural life interest on the said sum of rupees seven hundred and forty-seven thousand and eighty-one and seventy-one cents at and after the rate of five per cent. per annum half-yearly on the thirtieth day of June and the thirty-first day of December in each and every year-the first of such payments to be made on the thirty-first day of December now next ensuing And for securing the said moneys we the said Reinhart Freudenberg Winfried Freudenberg and Siegmund Freudenberg do hereby specially mortgage and hypothecate to and with the said Amalie Freudenberg as a primary mortgage all those the several allotments of land forming one property and all buildings erections and structures thereon called and known as the Hultsdorf Mills situated at Ferry Street Wilson Street and Mill Street in New Bazaar in Colombo afore- said depicted in the plan thereof No. 43 dated the eighth day of October 1894 made by Charles Van Rooyen Surveyor and annexed to the title deed No. 175 of the fourth day of February 1896 made by Harry Creasy of Colombo Notary Public and comprising the following allotments of land to wit

(Description of land.)

together with all buildings machinery yards rights liberties privileges easements and appurtenances whatsoever to the said Hultsdorf Mills

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and premises belonging or in any wise appertaining or usually held occupied or enjoyed therewith or reputed to belong or be appurtenant thereto and all the estate right title interest property claim and demand whatsoever or howsoever of us the said Reinhart Freudenberg Winfried Freudenberg and Siegmund Freuden- berg of in to upon or out of the said Hultsdorf Mills and premises and every part thereof.

In witness whereof we the said Reinhart Freudenberg Winfried Freudenberg and Siegmund Freudenberg have to these presents and to two others of the same tenor and date set our hands at Colombo on this twenty-fourth day of July 1911 (one thousand nine hundred and eleven).

wesa

(The schedule above referred to.)

No. 4079.

THIS is the last will and testament of me Philip Freudenberg of " Cinnamon Gardens Colombo in the island of Ceylon.

Sirini-

I hereby revoke all former wills and codicils made by me and declare this to be my last will.

I give and bequeath to my dear wife Amalie Freudenberg absolutely all my furniture plate plated ware glass china pictures musical instruments and all other articles of personal domestic or household use or ornaments at my places of residence in Colombo and Wiesbaden and also all horses and carriages.

I confirm the deeds or instruments by which I have given assigned or transferred

to my said wife the policies of insurance effected on my life of the present value of about four thousand seven hundred and fifty pounds sterling to the intent that the said sums shall be paid over to her direct.

I give and bequeath unto my said wife the sum of fifty thousand pounds (£50,000) sterling and I desire and direct that the said sum shall be invested by the executors of this my will in such manner as they shall in their absolute discre- tion think fit they being at liberty if they so desire it to lend it to themselves against security and to employ the said sum or any part thereof for purposes of their business or for development thereof or in or towards the purchase of any lands or buildings in connexion therewith and they shall pay the income interest dividend rents profits and produce of the said sum of fifty thousand pounds sterling and the investments representing the same to my said wife during her life and on her death the said sum of fifty thousand pounds sterling and the investments representing the same shall go to devolve on and become vested absolutely in my three sons Reinhart Freudenberg Winfried Freudenberg and Siegmund Freudenberg in equal shares.

I give and bequeath and devise unto my said sons Reinhart Freudenberg Winfried Freudenberg and Siegmund Freudenberg absolutely share and share alike all the rest residue and remainder of all my estate property and effects movable and immovable real and personal whatsoever or wheresoever of or to which I shall be possessed or entitled at the time of my death including the goodwill of my business and the stock-in-trade machinery plant and effects employed therein and belonging thereto and the benefit of all contracts and all book debts credits assets and moneys in respect thereof nothing excepted.

I hereby appoint the said Reinhart Freudenberg Winfried Freudenberg and Siegmund Freudenberg the executors of this my will.

In witness whereof I the said Philip Freudenberg have to this my last will and testament set my hand at Colombo in the island of Ceylon on this twenty- fourth day of January one thousand nine hundred and ten.

Signed by the above-named testator Philip Freudenberg as and for his last will and testament in the presence of us present at the same time who in his presence and at his request and in the presence of one another have hereunto subscribed our names as witnesses.

H. WAGNER. M. HOHL.

PH. FREUDENI ERG

ARTHUR ALVIS,

Notary Public.

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