NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 10 pages 452 to 456 probate year 1916. He was 27 years old, served as a Captain in the Royal Newfoundland Regiment. He died on 1 July 1916 at Beaumont Hamel.

Will of Eric S. Ayre

In re: ERIC S. AYRE. DECEASED.

This is the last will and testament of me Eric S. Ayre, of the City of St. John's, in the Island of Newfoundland (merchant), made this 12th day of April A.D. 1915.

1. "I hereby revoke all former wills and testamentary dispositions by me at any time heretofore made.

2. "I hereby appoint Chas. P. Ayre and Harold C. Ayre Executors and Lydia Gertrude Ayre, executrix of this my will.

3. "I direct that all my just debts, funeral and testamentary expenses be paid as soon after my decease as may be convenient.

4. "I bequeath to my friend Jack Mitchell son of J. B. Mitchell, the sum of Five hundred dollars, said amount to be drawn from my savings a/c No. 10010 in Bank of Montreal.

5. I bequeath to Betty Pitts daughter of my cousin Stewart Pitts, the sum of five hundred dollars, said amount to be drawn from my savings a/c No. 10010 Bank of Montreal.

6. I bequeath to my cousin Ethel Dickinson, daughter of G.H. Dickinson, the sum of five hundred dollars, said amount to be drawn from my savings a/c No. 10010 Bank of Montreal.

7. "I bequeath to my cousin Violet Maud Dickinson, daughter of G. H. Dickinson, the sum of Five hundred dollars, said amount to be drawn from my savings a/c No. 10010 in Bank of Montreal.

8. "I bequeath to my cousin Trixie Dickinson, daughter of G. H. Dickinson, the sum of five hundred dollars, said amount to be drawn from my savings a/c No. 10010 in bank of Montreal.

9. "I bequeath to Elsie Holloway, daughter of Mrs. Robt Holloway, the sum of five hundred dollars, said amount to be drawn from my savings a/c No. 10010 in bank of Montreal.

10. "I bequeath to the Patriotic Fund of Newfoundland the sum of five hundred dollars, said amount to be drawn from my savings a/c No. 10010 in Bank of Montreal.

11. "I bequeath to the Laysian Mission, City Road, London, England, the sum of one thousand dollars said amount to be drawn from my savings a/c No. 10010 in Bank of Montreal.

12. "I bequeath to Gower St. Methodist Church, the sum of one thousand dollars, said amount to be drawn from my savings a/c No. 10010 in Bank of Montreal.

13. "I bequeath to the Supernumerary Fund of of the Methodist Conference of Newfoundland the sum of one thousand dollars, said amount to be drawn from my savings a/c No. 10010 in Bank of Montreal.

14. "I bequeath to the Missionary Fund of the Methodist Church of Newfoundland the sum of five hundred dollars, said amount to be drawn form my savings a/c No. 10010 in bank of Montreal.

15. "I bequeath to my friend Leonard C. Mews the sum of one hundred dollars, said amount to be drawn from my savings a/c No. 10010 in Bank of Montreal.

16. "I bequeath to my mother the balance of my savings in a/c No. 10010 Bank of Montreal (that of course does not include my deposit receipt for seven thousand dollars)

17. "I bequeath to the Methodist Guards Brigade the sum of one thousand dollars, said amount to be drawn from my Deposit Receipt No. 1109 or its Renewal. The amount only to be paid on condition that a New Armory is commenced within three years after my decease. In event of condition not being fulfilled said amount to be paid to the Governors of the Methodist College for the support of that Institution.

18. "I bequeath to my brother, Bernard Pitts Ayre, the sum of three thousand dollars, said amount to be drawn from my Deposit Receipt No. 1109 or its Renewal in Bank of Montreal.

19. "I bequeath to my mother, Mrs. Robt C. Ayre, the sum of Three thousand dollars, said amount to be drawn from my Deposit Receipt No. 1109 or its Renewal in Bank of Montreal.

20. "I bequeath to the Governors of the Methodist College twenty-one shares in the Newfoundland Clothing Company Ltd namely, -Nos-1456-1474 and 1599-1600. The annual interest derived from said shares to be devoted to the Athletic Departments of the school, i.e. the purchase of Gymnasium equipment, cricket bats, and such like. The shares may be sold and the amount realized be re-invested, if the Governors of the College deem it advisable.

21. "I bequeath to my cousin Harold C. Ayre fifty ordinary shares in Ayre & Sons Ltd. viz No. 3001 to 3050.

22. "I bequeath to my brother Bernard Pitts Ayre, one hundred and forty ordinary shares in Ayre & Sons Ltd vis No. 3051 to 3190, valued at one hundred dollars each.

23. "I bequeath to my mother Mrs. Robt C. Ayre the balance of my ordinary shares in Ayre & Sons Ltd viz No. 3191 to 3333, that is one hundred and forty three and one third shares, valued at one hundred dollars each.

24. I desire that the annual interest derived from my (100) Preference shares in Ayre & Sons Ltd be divided equally between the employees of said firm who have given continued & faithful service to said firm for a period not less than fifteen years.

25. I bequeath to my mother Mrs. Robt C. Ayre the residue and remainder of my interests in Ayre & Sons Ltd i.e. accumulated dividends and loan to said Firm.

26. I leave and bequeath to my brother Bernard Pitts Ayre the silver service and gold watch and chain bequeathed to me by my late uncle James Stewart Pitts; also the Washstand, dressing table and china set left to me by my late grandmother, Mrs. C.R. Ayre. In the event of him not appointing an heir or heirs for said bequests same are to be inherited by my cousin Harold C. Ayre, son of Fred W. Ayre my uncle. Same applies to any other heirlooms inherited by me.

27. I bequeath to my mother Mrs.R. C. Ayre my dog-cart.

28. I bequeath to my uncle, Chas. P. Ayre my encyclopedia Britannica.

29. I bequeath to my friend Leonard C. Mews my Lee-Mitford Rifle together with its case, fitting and bag.

30. "I bequeath to Janet Morison Miller, daughter of Mrs. Lewis Miller, my Life Assurance Policy No. 0139150E/20 in the Canada Life Assurance Co. the amount of which is Five thousand dollars ($5000.00) I desire that said Policy be paid to her in fifteen annual Instalments when the amount assured together with the interest derived, will have been fully paid up.

31. "I further leave and bequeath to Janet Morison Miller, my Life Assurance Policy No. 77345 in the Mutual Life Assurance Co. of Canada, the amount of which is five thousand dollars ($5000.00) I desire that the said Policy be paid to her in fifteen annual Instalments when the amount assured together with the interest derived, will have been fully paid up.

32. "I bequeath to Janet M. Miller, all my leather bound books, the Encyclopedia Britannica excepted.

33. "I bequeath and leave to my mother all the rest, residue and remainder of my estate.

34. In the event of my marring Janet Morrison Miller, I hereby revoke all the foregoing Clauses with the exception of No's 2, 3, 4, 5, 9, 14, 15, 24, 28 & 29 which are confirmed in No's 35, 36, 37, 38 & 41 all others are void.

35. "I hereby confirm clause No. 2, i.e. I appoint Chas. P. Ayre and Harold C. Ayre executors, and Lydia Gertrude Ayre, executrix of my will.

36. "I hereby confirm clause No. 3, i.e. all my just debts to be paid as soon as may be convenient.

37. "I hereby confirm clauses No. 4, 5, 9 & 14 (four, five, nine and fourteen) i.e. Jack Mitchell, Betty Pitts, Elsie Holloway and the Missionary Fund of the Meth. Church of Newfoundland are each to receive the sum of five hundred dollars, said amounts to be drawn from my saving a/c No. 10010 in Bank of Montreal. I also confirm clause No. 15 whereby Leonard C. Mews received one hundred dollars from Savings a/c Bank of Montreal.

38. "I hereby confirm clauses 25 & 29 whereby my uncle Chas. P. Ayre receives my Encyclopedia Britannica and Leonard C. Mews my Rifle and its requisites.

39. I hereby alter clause No. 16 (sixteen) wherein it states my mother is to receive balance of Savings a/c No. 10010 in Bank of Montreal. I now change it to one thousand dollars to be drawn from said account

40. I hereby bequeath to my wife all the rest, residue and remainder of my estate in the Bank of Montreal i.e. in Savings a/c No. 10010 & also my Deposit receipt No. 1109 or its Renewal for seven thousand dollars.

41. "I hereby confirm clause No. 24 (twenty-four)
42. I bequeath to the Governors of the Methodist College 11 (eleven) shares in the Newfoundland Clothing Co. Ltd to be devoted as contained in clause No. 20.

43. "I bequeath to the Methodist Guards 10 (ten) shares in the Newfoundland Clothing Co. Ltd under the same conditions as contained in clause No. 17. If not complied with said shares to be given to Governors of Methodist College to be devoted to that Institution as states in clause 20.

44. "I bequeath to my mother ten thousand dollars accumulated dividends in Ayre & Sons Ltd said amount to remain invested in said firm.

45. "I bequeath to my brother Bernard the balance of accumulated dividends in Ayre & Sons Ltd said amount to remain invested in that firm.

46. I bequeath to my cousin Harold C. Ayre thirty-three and one-third ordinary shares in Ayre & Sons Ltd.

47. "I bequeath to my wife all other interests in Ayre & Sons Ltd i.e. (300) three hundred ordinary shares and an amount on loan.

48. "I bequeath to my wife my two life Assurance Policies namely No. 139150 E/20 in the Canada Life Assurance Company for five thousand dollars and Policy No. 77345 in the Mutual Life Assurance Co. of Canada for five thousand dollars. I desire that both these policies be paid to her in fifteen annual instalments when policies and interest derived will have been fully paid up.

49. At the death of my wife that part of my estate bequeathed to her remaining unused is to be divided equally among my children. If there are no children same may be disposed of by her executors as she may bequeath, but firstly the following amounts have to be paid, viz to Governors of Meth, College two thousand dollars and Gower St. Church and Laysian Mission, City Road, each one thousand dollars.

50. In the event of my wife re-marring her share of my estate, with exception of Policy No. 4139150 E/20 in Canada Life, to be equally divided among my children. If there are no children she retains same after she has paid the following donations Meth College two thousand dollars, Gower St. Church and Laysian Mission each one thousand dollars.

51. I bequeath to my wife the rest & remainder of my estate including heir-looms

Eric S. Ayre. Signed published and declared by the above-named Eric S. Ayre as and for his last will in the presence of us, both being present at the same time who at his request, in his presence, have hereunto subscribed our names as witnesses. Chas F. J. Brown, 53 Gower St. A. E. Hayward, 39 Prescott St.

I Eric S. Ayre hereby declare that the following is a codicil to my will made in St. John's Nfld in the year nineteen hundred and fifteen. Just before my departure for England with E. Co. of 1st Nfld Regt. It was about February or March when it was made. I now declare that the ten thousand dollars invested in Preference shares in Ayre & Sons Ltd the annual interest of which was to be devoted to aged employees of said firm is now null and void. The said invested ten thousand dollars is now bequeathed by me as follows:- Five thousand dollars to my wife. Five thousand dollars to the benefit of the employees of Ayre & Sons Ltd as follows The annual interest to be devoted either to a library or a weekly distribution of suitable reading matter among all employees. The Directors of firm to give their opinion in this matter. Signed Eric S. Ayre. Prestwick, Scotland. May 13/16. Witnesses to signature. H.J.R. Rowsell, J.H. Read.

Correct, Charles H. Emerson
Registrar of the Supreme Court of Newfoundland

(Listed in the margin of this will)
Last Letters of Probate of the will of the testator and codicil these to be granted and ??? to Chas P. Ayre & Harold C. Ayre reserving forever the right to Lydia Gertrude Ayre St. John's Oct 17.1916 Kent J. Last ??? of Probate is granted to Lydia Gertrude Ayre the remaining executor Nov. 24. 1916 Kent J. Estate sworn at $121.557.74

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