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A Collection of Newfoundland Wills
(A)
Francis Ash

 

Will of Francis Ash
from Newfoundland will books vol 11 page 315 & 316 probate year 1919

In re Francis Ash       deceased

This is the last will and testament of me Francis Ash of Trinity in the Island of Newfoundland, Master Mariner, retired, and I hereby revoke all former wills by me made.

  1. I appoint my son Richard G. Ash and my son-in-law David M. Baird to be Executors and Trustees of this my will.
  2. I declare that in the interpretation of this my Will the expression "my trustees" shall [when the context permits] mean and include the trustee or trustees for the time being hereof whether original or substituted.
  3. I hereby authorize my trustees to retain such investments as I have or to realize same and to invest upon any investment allowed by law or which they may think proper.
  4. I devise and bequeath my house and all property connected therewith situate at Trinity aforesaid and known as "The Anchorage" as follows
    [1]. Unto my wife Fredica Thorne Ash for her life with permission to my daughters Minnie F. Ash and Elizabeth Forster to live there as long as they wish under the support of my said wife;
    [2]. On the death of my said wife to my said daughter Minnie F. Ash for her life with permission to my said daughter Elizabeth Forster to live there;
    [3]. On the death of my said daughter Minnie F. Ash [whether before or after the death of my said wife] to my daughter Elizabeth Forster for her life;
    [4]. On the death of both my daughters Minnie F. Ash and Elizabeth Forster to my son Richard G. Ash and my daughter Emma Baird as tenants in common.
  5. Subject to the payments of my debts, funeral and testamentary expenses and the aforesaid legacy of my property at Trinity I direct that my trustees shall stand possessed of all the residue of my Estate [hereinafter called my residuary estate] Upon Trust
    [A] to pay the income thereof to my said wife for her life and after her death
    [B] as to both capital and income of my residuary estate to pay and divide the same among my children in equal shares, children of deceased children taking their parents share.
  6. I hereby declare that notwithstanding the trusts hereinbefore declared in favor of my children it shall be lawful for my trustees upon the written request of my said wife at any time or times to raise any sum or sums out of the capital of my residuary estate and to pay such sum or sums to my wife for her absolute benefit in addition to the income of my residuary estate hereinbefore given to her.
  7. Should my trustees and any of the legatees under this my Will be unable to agree upon the value of any portion of my residuary estate for purposes of division I direct that such value be arrived at by arbitration under the Judicature Act 1904 or the law for the time being in force respecting arbitration, the parties to such arbitration being my trustees on the one hand and all the legatees hereunder combined on the other.
In witness whereof I have hereunto set my hand this 11th day of June, Anno Domini nineteen hundred and twelve. Francis Ash. Signed by the said Francis Ash as his last will in the presence of us, who in his presence and the presence of each other have hereunto subscribed our names as witnesses. Cyril James Fox. William R. Warren.

(The following Codicil is written on a sheet of paper and inserted between pages 315 & 316)

I, Francis Ash of Trinity in the Island of Newfoundland Master Mariner retired do make this Codicil to my last Will and Testament which Will bears date the eleventh day of June Anno Domini nineteen hundred and twelve. I hereby revoke my former Will and Testament in as far as it relate to the disposition of my property after the death of my wife Fredica Thorne Ash. On the death of my wife I give devise and bequeath the whole of my real and personal property to my daughter Minnie F. Ash and in all other respects I confirm my last Will and Testament. In Witness Whereof I have hereunto set my hand this eleventh day of October Anno Domini nineteen hundred and sixteen Francis Ash. Signed by the said Francis Ash the testator as a Codicil to his last Will in the presence of us, who in his presence and in the presence of each other have hereto subscribed our names as witnesses. F. Somerton of Trinity. A.W. Earle of Trinity.

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

(Listed in the margin next to this will the following)
Fiat April 16/19
Kent J.
Probate granted
to Richard G. Ash
and David M.
Baird
April 23/19
Estate sworn at
$13,805.06

 

 

Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation and also no paragraphs. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.

Page contributed by Judy Benson, Alana Bennett, Wendy Weller

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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