In re
Alexander D Brown deceased
This is the last will and testament of me, Alexander D. Brown, of St.
John's Newfoundland, Engineer.
First: I desire that all my just debts and funeral and testamentary
expenses shall be first paid out of my estate.
Second: I appoint my wife Margaret Brown sole executrix of this
my will.
Third: I give, devise and bequeath to my daughter Helen M. Baird, if
she shall be living at the time of my death, the sum of Five thousand dollars
for her sole use and benefit. Should my said daughter predecease
me leaving a child or children her surviving, the said sum of Five thousand
dollars shall be paid to such child, if only one, or, if more than one,
shall be divided equally among such children. Should my said daughter
predecease me without leaving any child or children her surviving the said
request shall lapse and form part of my general estate.
Fourth. I give, devise and bequeath to my brother David Brown
now residing at old Charlton in the County of Kent, England, the sum of
one thousand dollars if he shall be living at the time of my death.
Should my said brother predecease me it is my wish and desire and I hereby
will and direct that the said sum of one thousand dollars shall be divided
equally between the four daughters of my said brother or between such of
them as shall be living at the time of my death and the child or children
of any of them who shall have died, such child or children taking his,
her or their parents share.
Fifth: I give, devise and bequeath all the rest residue and remainder
of the goods, chattels, moneys, estate, property and effects of every description
of which I shall died possessed to my wife Margaret Brown, in trust to
receive and apply the yearly income thereof to and for her sole use and
benefit for and during her natural life.
Sixth: Upon the death of my said wife, if my said daughter Helen M.
Baird shall be then living, I give, devise and bequeath all the said residue
of my estate to my said daughter Helen M. Baird in trust to receive and
apply the yearly income thereof to and for her sole use and benefit for
and during her natural life.
Seventh: Should my said daughter Helen M. Baird survive my said wife,
it is my wish and desire, and I hereby will and direct, that upon the death
of my said daughter, leaving a child or children her surviving, the said
residue of my estate shall rest in and become the sole property of such
child, if only one, and, if more than one, the said residue shall be divided
in equal shares among all the children of my said daughter or their lawful
issue, a child or children of each deceased parent taking his, her or their
parents share.
Eighth: Upon the death of my said wife, if my said daughter Helen M.
Baird shall have predeceased her leaving a child or children her surviving,
I give, devise and bequeath the said residue of my estate to such child
of my said daughter, if only one or, if more than one, then equally among
such children.
Ninth: In the event of my said daughter Helen M. Baird predeceasing
my said wife without leaving any child or children her surviving, it is
my wish and desire and I hereby will and direct that my said wife shall
be entitled to one-half of the residue of my estate, for her sole and absolute
use and benefit.
Tenth: In the event of my said daughter Helen M. Baird predeceasing
my said wife without leaving any child or children her surviving, and upon
the death of my said wife, it is my wish and desire and I hereby will and
direct that the remaining half of the residue of my said estate shall be
divided in equal shares among the children of my said brother David Brown.
If any of the children of my said brother shall have died before my said
wife, leaving a child or children, the share of the parents so dying shall
rest in and be paid to such child, if only one, or, if more than one, then
in equal shares to and among such children.
Eleventh: In the event of my said daughter dying without leaving a
child or children or grandchild or grandchildren her surviving, it is my
wish and desire and I hereby will and direct that the whole of the said
residue of my estate shall be divided in equal shares among the children
of my said brother or their lawful issue, a child or children of each deceased
parent taking his, her or their parents share. In witness whereof
I have subscribed these presents at St. John's aforesaid this fourteenth
day of May one thousand nine hundred and fifteen. - A D. Brown -
Signed published and declared by the said Testator as and for his last
will and Testament in our presence, who in the presence of the said Testator
and of each other, all present at the same time, have hereunto subscribed
our names as witnesses:- D. Morrison Chas E Hunt.
This is a Codicil to the above will, In the event of my said daughter
surviving my wife and not leaving any child or children I hereby will and
direct that my said daughter shall have the right to dispose of one half
of the said residue for her own use and benefit and the other half of said
residue shall be divided in equal shares among the children of my said
brother David or their lawful issue and I amend clause II of my said will
accordingly May 14/15 - A D Brown - D. Morrison
Chas E Hunt. Witnesses
Correct Charles H. Emerson
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat
Oct 14/18
C.J.
Probate
Oct 15/18
granted to
Margaret
Brown
Estate
sworn at
$45,500.00 |