Will of Edwin Gilchrist Gibb

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 12 pages 474 to 480 probate year 1923

Will of Edwin Gilchrist Gibb

In re: EDWIN GILCHRIST GIBB. DECEASED.

Books of Council and Sessions.

At Edinburgh the Twelfth day of January, One thousand nine hundred and twenty three the DEED hereinafter engrossed was presented for registration in the Books of the Lords of Council and Session for preservation and is registered in the said Books as follows:

I, Edwin Gilchrist Gibb, Manufacturer, Johnshaven, and presently residing at Barns of Craig, Montrose, in order to regulate the succession to my means and estate after my death do hereby give, grant assign, dispone, convey and make over to and in favour of James Mackie, presently Agent at the Albert Square Barnch Dundee of the North of Scotland and Town and County Bank Limited, Andrew Millar Farmre, The Laws, Kingennie, Dundee and Hugh Hanton Soutar, Solicitor, Montrose and such other person or persons as I may hereafter nominate or appoint to act in the trust hereby created or as may be assumed therein, and the acceptors, and acceptor, survivors and survivor of the persons above named or to be named or assumed as aforesaid as Trustees and Trustee for the purposes aftermentioned (the said Trustees and their foresaids being throughout these presents denominated "my Trustees") and the Assignees of my Trustees ALL and SUNDRY the whole means and estate heritable and moveable, real and personal of whatever kind or denomination or wheresoever situated at present belonging or addebted or which may belong or be addebted to me or over which I may have power of disposal at the time of my death together with the whole vouchers and instructions, writs, titles and securities of and concerning my said menas and estate before conveyed to them and all that has followed or may be competent to follow thereon; but that in trust only for the ends, uses and purposes aftermentioned:
(In the first place) For payment of all my just and lawful debts, sickbed and funeral charges and the expenses of executing this trust:
(In the second place) I direct my Trustees as soon as convenient to them after my death to pay to the said James Mackie and Andrew Millar the sum of Fifty pounds Sterling each and to the said Hugh Hanton Soutar the sum of One hundred pounds Sterling with interest thereon at the rate of five per centum per annum from six months after my death till paid and all free of legacy and other Government duty and free also of the expense of settling such duties, which legacies shall not deprive the recipients of any of the rights or privileges of gratuitous Trustees:
(In the third place) I direct my Trustees to pay to my Wife Mrs Jean farquhar or Gibb the sum of Fifty pounds and to each of my daughters Ethel Elizabeth Sivewright Gibb and Nora Gilruth Gibb or Mitchell the sum of Twenty five pounds for mourning:
(In the fourth place) I direct my Trustees to give, grant, assign, dispone, convey and make over to and in favour of my said wife and her heirs the Farm of Barns of Craig belonging to me and situated in the Parish of Craig and County of Forfar together with the farm dwelling house and other erections thereon being the whole lands and others particularly described in a Disposition in my favour granted by the Trustees of the late Edward Millar of Rossie dated sixth and eighth November Nineteen hundred and twenty two and recorded in the Division of the general register of Sasines applicable to the County of Forfar on Seventeenth November Nineteen hundred and twenty two:
(In the fifth place) I leave and bequeath to my said wife the whole household furniture, bed and table linen books, silver plate, pictures, jewellery, and whole personal effects and generally everything of domestic use or ornament so far as belonging to me in or about my dwelling house at the time of my death:
(in the sixth place) I direct my trustees to set apart and hold Fourt thousand five hundred pounds five per cent War Stock Nineteen hundred and twenty nine Nineteen hundred and forty seven belonging to me and to pay the annual income thereof to my daughter the said Ethel Elizabeth Sivewright Gibb for her alimentary liferent use only and not liable to her debts or deeds or the diligence of her creditors and upon the death of the said Ethel Elizabeth Sivewright Gibb I direct my trustees to account for and make over the capital of said Four thousand five hundred pounds five per cent War Stock ~~five per cent~~ to and in favour of such of her children as shall survive her equally between them share and share alike jointly with the issue per stirpes of such of them as may predecease her leaving issue who survive her:
(In the seventh place) I direct my trustees to set apart and hold Four thousand five hundred pounds five per cent War Stock Nineteen hundred and twenty nine Nineteen hundred and Forty Seven belonging to me the annual income thereof to my daughter the said Norah Gilruth Gibb or Mitchell for her alimentary liferent use only and not liable to her debts or deeds or the diligence of her creditors nor subject to the Jus Marita and right of administration of her husband and upon the death of the said Nora Gilruth Gibb or Mitchell I direct my Trustees to account for and make over the capital of said Four thousand five hundred pounds five per cent War Stock to and in favour of such of her children as shall survive her equally between them share and share alike jointly with the issue per stirpes of such of them as may predecease her leaving issue who survive her:
(In the eighth place) I direct my trustees to give, grant, assign, dispone, convey, and make over to ~~her~~ and in favour of

(first) my eldest son Edwin Farquhar Gibb and his heirs the Flax Mill at Stonehaven belonging to me and known as Invercarren Works, Stonehaven, together with the whole machinery, plant fixtures and fittings of every kind employed therein or belonging thereto together also with the business carried on by me therein for which my said son shall not have to pay any sum in name of Goodwill:

(second) my sons James Gilchrist Gibb Patrick Gilchrist Gibb and David Buchan Gibb equally between them and the survivor of them the Flax Mills at Johnshaven belonging to me including all warehouses and storage buildings and sheds adjoining same or used in connection therewith, with ~~all~~ the whole machinery plant, fittings and fixtures of every kind employed therein or belonging thereto together also with the business carried on by me therein for which my said sons shall not have to pay any sum in name of Goodwill:

(third) my said daughter Norah Gilruth Gibb or Mitchell and her heirs the dwelling house belonging to me and known as Rangoon Cottage, Johnshaven:

(fourth) my son the said James Gilchrist Gibb and his heirs the dwelling house recently erected by me at Johnshaven and known as the Bunglow, and pertinents thereof:

(In the ninth place) I direct my Trustees to set apart and hold ~~the~~ Five hundred pounds Sterling and to pay or apply the annual income thereof to or for behoof of my granddaughter Lois Elizabeth Smith until she attains the age of twenty one for her alimentary liferent use only and not liable to her debts and deeds or the diligence of her creditors and on her attaining the age of twenty one years I direct my Trustees to pay the said sum of Five hundred pounds to her as her absolute property and further I direct my Trustees to allow to my said grandchild Lois Elizabeth Smith until she attains the age of twenty one years the liferent use of the dwelling house belonging to me and known as Number Thirty four Victoria Street, Stonehaven with the pertinents thereof but that for her alimentary use only not subject to her debts and deeds nor liable to the diligence of her creditors but under the burden always of payment by her so long as she shall enjoy the said liferent of all feu duty, rates, taxes, insurance premiums and of all necessary repairs for the said dwelling house and on my granddaughter Lois Elizabeth Smith attaining the age of twenty one years then I direct my Trustees to convey the said dwelling house to her as her absolute property and in the event of my said grand daughter dying before attaining the age of twenty one years then said dwelling house shall form part of the residue of my estate and shall be divided by my Trustees accordingly:
(In the tenth place) I direct my Trustees to set apart and hold Five hundred pounds and to pay or apply the annual income thereof to or for her behoof of my grand daughter Betty Mitchell daughter of my said daughter Norah Gilruth Gibb or Mitchell until she attains the age of twenty one years for her alimentary liferent use only and not liable to her debts or deeds or the diligence of her creditors and on her attaining the age of twenty one years I direct my Trustees to pay the said sum of Five hundred pounds to her as her absolute property:
(In the eleventh place) I direct my Trustees to cancel and discharge any debt which may be due to me by my son Douglas Farquhar Gibb at the time of my death and I direct that any bills or bonds which may be granted in my favour by my said son be duly cancelled and discharged and delivered up to the said Douglas Farquhar Gibb and
(in the last place) After fulfilling or providing for the foregoing purposes I direct my Trustees to realize the whole residue and retainder of my estate and means before conveyed to them and from time to time as they may be able and shall think proper account for and pay over the said residue to my sons the said Edwin Farquhar Gibb, James Gilchrist Gibb, Patrick Gilchrist Gibb David Buchan Gibb and Douglas Farquhar Gibb equally between them share and share alike and the survivors and survivor of them jointly with the lawful issue per stirpes of such of them as may predecease me leaving lawful issue who survive me:
And for the guidance of my Trustees I acknowledge that most of the household furniture in my dwelling house is the property of my wife and that the whole Agricultural Produce, Live Stock, Farm plant and implements ~~and plant~~ and others at Barns of Craig Farm are the property of my said son Douglas Farquhar Gibb who is the tenant of the said Farm: And I declare that the foresaid provisions in favour of my said wife and children are and shall be in full of all that she or they can claim by or through my decease in respect of Jus Relictal and legitim or any other legal claims competent to them and in the event of my said wife or any of my children repudiating the provisions in their favour and claiming their legal rights the party so claiming shall forfeit and in case of children not only for themselves but also for their issue all right to the provisions in his, her of their favour under these presents, and further that if my son Patrick Gilchrist Gibb claim his legal rights then not only shall he forfeit all rights to the provisions in his favour under these presents but from his legal shall be deducted the sum of Four thousand two hundred pounds which he acquired from me during my lifetime and specially provide and declare that my Trustees shall pay out of my said means and estate before conveyed to them succession duty and any other Government duties which may be exigible in respect of the succession of the beneficiaries to the subjects before bequeathed them:
And I empower my Trustees to pay any sum falling by virtue of these present to anyone who may be in pupillarity or minority when the same become payable, to the guardian or guardians of such beneficiary, or to any other person or persons who may be acting or willing to act as guardian or guardians to such beneficiary, although not legally appointed whose receipts for the same respectively shall be sufficient discharges to my Trustee: An also, if my Trustees in their discretion shall think proper to retain any capital sum falling to any beneficiary who may be in pupillarity or minority when the same becomes payable until such beneficiary attains majority, or for such other shorter period as my Trustees shall think proper, and while they retain any such sum in virtue of this power they may pay to or apply for behoof of the beneficiary the income or part of the income of such capital sum in such manner as my Trustees shall think proper. And I provide and declare that the whole bequests hereby made so far as in favour of or descending upon females shall be expressly exclusive of the jus meriti right of administration curatorial power and of courtesy and all other right whatsoever of husbands and shall not be affectable by the debts and deeds of such husbands or by diligence of their creditors and that the receipts or discharges of such females alone, without the consent of their husbands shall be sufficient discharges to my Trustees:
And I hereby nominate and appoint my Trustees to be my sole Executors; And I hereby confer upon my Trustees all requisite powers for carrying out the purposes of this Trust and of any Codicil which I may make hereto and particularly but without prejudice to said generality, I empower my Trustees to continue the investments in which my said means are placed at the time of my death or any of them; As also to sell the Trust Estate or any part thereof by public roup or private bargain, and to borrow on the security of any part or parts of my said estate declaring always that it shall be no obstacle or objection to a purchaser of any part of my Trust Estate that he or she is one of my Trustees or a beneficiary under these presents; And I specially provide and declare that when ever it shall be necessary in connection with the affairs of the Trust that my Trustees shall exercise any discretionary powers, whatever decision or resolution that may act upon shall be final and binding upon all parties interested, either directly or indirectly, and their acting shall not be liable to be called in question upon any ground whatever, except fraud; And I declare that all persons who shall pay to my Trustees any sum of money shall be in no ways concerned with the application of the same, or with any of the conditions or provisions hereof, but shall be sufficiently exonerated by any deed or writing containing an acknowledgment or receipt by my Trustees; And I empower my Trustees to settle by arbitration all disputed claims competent to or against the Trust Estate and to compromise any such claim and take or give part for the whole of any doubtful debt;
And I hereby authorize and empower my Trustees to appoint either one of their own number or any other person to be their Factor and Law Agent and to allow him professional remuneration for his services to the same extent as if he were not also acting as Trustee, any law or practice to the contrary notwithstanding; And I declare that my Trustees shall be entitled to the fullest powers, privileges and immunities usually conferred in such cases and according to the most liberal interpretation and particularly without prejudice to said generality they shall not be liable for omissions or singuli in solidum but each for his own actuall intromissions only nor shall they be liable for any intromissions of any factor or Law Agent to be appointed by them or for any loss which may arise from depreciation in value or failure of the securities in which the Trust funds are invested; And I reserve my own liferent use and enjoyment of the premises, with full power to alter, innovate or revoke these presents in whole or in part at any time of my life; And I revoke all previous settlements executed by me; And I consent to registration hereof for preservation.
IN WITNESS WHEREOF these presents ~~these presents~~ consisting of this and the five preceding pages are hereunder the declarations that the word "Smith" is interlined so as to read between the words "Elizabeth" and "Attaining" occurring in the sixteenth line counting from the top of page third hereof and that the word "in" occurring in the seventeenth line counting from the top of page fourth hereof is delete before subscription subscribed by me at Barns of Craig, Montrose on the seventh day of December Nineteen hundred and twenty two before these witnesses Jonanathan, Marnoch, joiner in my employment and residing at Thirty four Victoria Street, Stonehaven and Sarah McMillan Domestic servant in my employment at Barns of Craig, Montrose.
(Signed) EDWIN G. GIBB. Jonathan Marnoch, Witness. Sarah McMillan Witness.

CORRECT, William F. Lloyd Registrar of the Supreme Court of Newfoundland (Listed in the margin next to this will the following) Re Sealing. Fiat Nov 23/23 Kent J. Estate sworn at $502.63.