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A Collection of Newfoundland Wills
(A)
Jean H. Ayre

 

Will of Jean H. Ayre
from the Newfoundland will books volume 12 pages 120 & 121 probate year 1921

In re JEAN H. AYRE.      DECEASED.

This is the last Will and Testament of me Jean Ayre of St. John's in the Island of Newfoundland, Married Woman.

  • First. I hereby revoke all former Wills and Testamentary dispositions heretofore made by me.
  • TWO. I appoint The Eastern Trust Company to be sole Executor and Trustee of this my Will.
  • THIRD. I give devise and bequeath all my jewellery and personal effects to my sister, Kathleen Baird in trust to carry out instructions contained in a letter from me to her.
  • FOURTH. I leave all other property of which I die possessed and of whatsoever kind or nature to my Trustee upon the following trusts
    1. to pay all my just debts funeral and testamentary expenses and death duties
    2. to divide the balance into four equal shares and to invest same and keep same invested from time to time and to hold same for my four children John, Kathleen, Stewart and Gerald until they shall respectively attain the age of Twenty one. As each of such children shall attain the age of Twenty one such shares shall be paid over to him or her. Should any of my said children die before reaching the age of twenty one the share of such child or children shall be divided equally amongst the survivors.
  • FIFTH. I forgive my husband James Ayre such amount of his indebtedness to me as exceeds $4000.00 and I order and direct that my executor shall collect the said sum of Four thousand dollars from my said husband in such amounts as my executor shall consider he can reasonably afford to pay and in the meantime to arrange to have security for the said sum and such balance as shall be outstanding from time to time by a Mortgage upon the house owned by my said husband and now occupied by us jointly interest upon the said mortgage to be charged at the rate of six dollars per centum per annum. Should my said husband neglect or refuse to execute the said mortgage or to give some other substantial security for the said debt to the satisfaction of my executor in such case my executor shall immediately proceed to collect the said sum of Four thousand dollars form my said husband in such manner as may be deemed expedient.
  • SIXTH. I order and direct that my said executor shall collect from my brother David Baird the amount of money now due me from him being the balance of my share in my deceased mother's estate provided however that my said brother shall at his option be permitted to pay the said sum by equal annual instalments extending over a period of three years after my decease upon giving security to the satisfaction of my executor in the said amount and in the meantime to pay thereon interest at the rate of six per centum per annum.
  • SEVENTH. I order and direct that my executor shall realize the securities of which I die possessed and which are not trust investments to the best advantage of my estate and for such purpose may postpone the realization if conditions are such as to justify such postponement and for this purpose my said executor shall take the opinion of my brother David Baird whose opinion in writing expressed to my said executor shall be final and binding upon it. Should my said brother neglect or refuse to give such opinion within a reasonable time after the same shall have been demanded of him my said executor shall exercise his own discretion.

In witness whereof: I, the said Jean Ayre have hereunto my hand subscribed the sixth day of September, Anno Domini, One thousand nine hundred and twenty one. JEAN. H. AYRE.
Signed by the said Testatrix in the presence of us both being present at the same time who at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses. Mary Curtin.   L. E. Emerson.

THIS IS A CODICIL to the last Will and Testament of me Jean Ayre dated the sixth day of September, Anno Domini, One thousand nine hundred and twenty one.
I order and direct that Paragraph Four of my said Will be cancelled and the following substituted therefor:
FOURTH. I leave all my other property of whatsoever kind or nature to my Trustee upon the following trusts

  1. to pay all my just debts funeral and testamentary expenses and death duties
  2. to pay to my sister Kathleen Baird the sum of Five hundred dollars
  3. to divide the balance into four equal shares and to invest same and keep same invested from time to time and to hold same for my four children, John, Kathleen, Stewart and Gerald until they shall respectively attain the age of twenty one as each of such children shall attain the age of twenty one such shares shall be paid over to him or her. Should any of my said children die before reaching the age of twenty one the share of such child or children shall be divided equally amongst the survivors.

In Witness Whereof: I the said Jean Ayre have hereunto my hand subscribed the     day of September, Anno Domini, One thousand nine hundred and twenty one. JEAN H. AYRE.
Signed by the said Testatrix in the presence of us both being present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses Freda Butler.   L. E. Emerson.

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

(Listed in the Margin next to this will the following)
Fiat Nov 14/21
Kent J.
Probate granted
to The Eastern
Trust Co.
Nov 17/21
Estate sworn
at $16,006.07

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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. 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.

This page contributed by Judy Benson and Ivy F. Benoit
REVISED BY: Ivy F. Benoit June 11, 2002

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