NL Wills

NL GenWeb Wills

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

Newfoundland will books volume 14 pages 72-74 probate year 1927.

Will of William Martin
IN RE: WILLIAM MARTIN. DECEASED THIS IS THE LAST WILL AND TESTAMENT of me WILLIAM MARTIN late of Saint Johns Newfoundland but now of Clifton Dene Polsham Park Paignton in the County of Devon Gentleman I revoke all former wills and testamentary dispositions made by me. I appoint my wife Elizabeth Mary Martin and my brother James Frank Martin to be the EXECUTORS and Trustees of this my will and I bequeath to my said brother a legacy of one hundred pounds for his trouble in so acting. I direct the payment of my debts and funeral expenses as soon as conveniently may be after my decease. I bequeath to my said wife the sum of two hundred and fifty pounds free of duty. I bequeath the sum of one hundred pounds free of duty and to be paid within twelve months after my decease to the trustees of the Betah Congregational Church Paignton for the benefit of the said Church (the receipt of the Treasurer to be a sufficient discharge to my executors) And subject as aforesaid I give devise and bequeath all my real and personal property estate and effects whatsoever and wheresoever unto my said trustees Upon trust when they in their absolute discretion think fit to sell and convert into money the same or such part thereof as shall not consist of money and to invest the proceeds thereof in such investments and securities as my said trustees shall in their absolute discretion think fit And I direct my trustees to stand possessed of my said residuary estate and the investments for the time being representing the same (hereinafter called my trust fund) Upon trust out of the income thereof to pay the following annuities namely:- To my brother John Luscombe Martin eighty pounds per annum during the lifetime of my wife if he shall so long live To my sister Harriett Grace Martin twenty pounds per annum during her own life time and subject as aforesaid Upon trust to pay the income of my trust fund to my said wife during her life. And from and after the decease of my said wife I make the following bequests and provisions namely I bequeath the sum of one thousand dollars free of duty to the Permanent Marine Disasters Fund of Saint Johns Newfoundland and to be paid within twelve months after the decease of my wife Elizabeth Mary Martin (the receipt of the Secretary or Treasurer of the said fund to be a sufficient discharge to my executors) I bequeath to my brother James Frank Martin an annuity of one hundred pounds for his life and commencing as from the decease of my said wife (if she shall survive me) And I declare that this annuity to my said brother shall be in addition to and not in substitution for any other bequests in his favor under this my will I bequeath to Frances Hutchings a legacy of two hundred and fifty pounds free of duty if living with my wife at the date of her decease And I devise and bequeath to my brother James Frank Martin all my share estate and interest in the leasehold ground rents in Rennie's Mill Road and Military Road Saint Johns Newfoundland (being part of the Calver estate) subject to the Original ground rents and taxes thereon for the duration of the term of years therein And subject as aforesaid I direct my trustees to stand possessed of the residue of my said trust fund Upon trust as follows:- As to two tenths thereof to pay the income therefrom to my brother John Luscombe Martin during his life As to another two tenths thereof to pay the income therefrom to my brother James Frank Martin during his life As to another two tenths thereof to pay the income therefrom to my brother Robert Hunt Martin during his life As to another two tenths thereof to pay the income therefrom to my half brother Nathaniel Lyndon Martin during his life And upon trust as to one tenth of my said trust fund for my nephew Bertram Wilfred Martin absolutely And as to the remaining one tenth thereof for my niece Dorothy Harris Martin absolutely. And from and after the decease of my said brothers and half brother respectively I direct my trustees to stand possessed of their respective shares of my said trust fund Upon trust for my Nephew the said Bertram Wilfred Martin and my niece the said Dorothy Harris Martin in equal shares as tenants in common As witness my hand this fifteenth day of May one thousand nine hundred and twenty four - WILLIAM MARTIN - Signed by the said William Martin as and 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 hereto subscribed our names as witnesses. H. Berryman - Frank Clark ) Clerks to Messrs Hooper & Woolan Solicitors Torquay. CORRECT William F. Lloyd Registrar of the Supreme Court of Newfoundland (Listed in the margin next to this will the following) Fiat July 25th 1927 Warren J. Re-sealed July 25/27. Estate sworn at $10,658.43.

Will of William Martin

IN RE: WILLIAM MARTIN. DECEASED

THIS IS THE LAST WILL AND TESTAMENT of me WILLIAM MARTIN late of Saint Johns Newfoundland but now of Clifton Dene Polsham Park Paignton in the County of Devon Gentleman

I revoke all former wills and testamentary dispositions made by me.
I appoint my wife Elizabeth Mary Martin and my brother James Frank Martin to be the EXECUTORS and Trustees of this my will and I bequeath to my said brother a legacy of one hundred pounds for his trouble in so acting.
I direct the payment of my debts and funeral expenses as soon as conveniently may be after my decease.
I bequeath to my said wife the sum of two hundred and fifty pounds free of duty.
I bequeath the sum of one hundred pounds free of duty and to be paid within twelve months after my decease to the trustees of the Betah Congregational Church Paignton for the benefit of the said Church (the receipt of the Treasurer to be a sufficient discharge to my executors)
And subject as aforesaid I give devise and bequeath all my real and personal property estate and effects whatsoever and wheresoever unto my said trustees Upon trust when they in their absolute discretion think fit to sell and convert into money the same or such part thereof as shall not consist of money and to invest the proceeds thereof in such investments and securities as my said trustees shall in their absolute discretion think fit And I direct my trustees to stand possessed of my said residuary estate and the investments for the time being representing the same (hereinafter called my trust fund) Upon trust out of the income thereof to pay the following annuities namely:- To my brother John Luscombe Martin eighty pounds per annum during the lifetime of my wife if he shall so long live To my sister Harriett Grace Martin twenty pounds per annum during her own life time and subject as aforesaid Upon trust to pay the income of my trust fund to my said wife during her life.
And from and after the decease of my said wife I make the following bequests and provisions namely I bequeath the sum of one thousand dollars free of duty to the Permanent Marine Disasters Fund of Saint Johns Newfoundland and to be paid within twelve months after the decease of my wife Elizabeth Mary Martin (the receipt of the Secretary or Treasurer of the said fund to be a sufficient discharge to my executors)
I bequeath to my brother James Frank Martin an annuity of one hundred pounds for his life and commencing as from the decease of my said wife (if she shall survive me) And I declare that this annuity to my said brother shall be in addition to and not in substitution for any other bequests in his favor under this my will
I bequeath to Frances Hutchings a legacy of two hundred and fifty pounds free of duty if living with my wife at the date of her decease
And I devise and bequeath to my brother James Frank Martin all my share estate and interest in the leasehold ground rents in Rennie's Mill Road and Military Road Saint Johns Newfoundland (being part of the Calver estate) subject to the Original ground rents and taxes thereon for the duration of the term of years therein And subject as aforesaid I direct my trustees to stand possessed of the residue of my said trust fund Upon trust as follows:-
As to two tenths thereof to pay the income therefrom to my brother John Luscombe Martin during his life
As to another two tenths thereof to pay the income therefrom to my brother James Frank Martin during his life
As to another two tenths thereof to pay the income therefrom to my brother Robert Hunt Martin during his life
As to another two tenths thereof to pay the income therefrom to my half brother Nathaniel Lyndon Martin during his life
And upon trust as to one tenth of my said trust fund for my nephew Bertram Wilfred Martin absolutely
And as to the remaining one tenth thereof for my niece Dorothy Harris Martin absolutely.
And from and after the decease of my said brothers and half brother respectively I direct my trustees to stand possessed of their respective shares of my said trust fund Upon trust for my Nephew the said Bertram Wilfred Martin and my niece the said Dorothy Harris Martin in equal shares as tenants in common

As witness my hand this fifteenth day of May one thousand nine hundred and twenty four - WILLIAM MARTIN -
Signed by the said William Martin as and 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 hereto subscribed our names as witnesses.

H. Berryman - Frank Clark ) Clerks to Messrs Hooper & Woolan Solicitors Torquay.

CORRECT
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the margin next to this will the following)
Fiat July 25th 1927 Warren J. Re-sealed July 25/27. Estate sworn at $10,658.43.