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A Collection of Newfoundland Wills
(A)
Mary Ayre

 

Will of Mary Hannah Ayre
(transcribed from Photostats of microfilm of Newfoundland will books, volume 11 pages 17 to 21 probate year 1917)

In re Mary Hannah Ayre deceased

This is the last will and Testament of me Mary Hannah Ayre of St. John's widow,

First I revoke all former wills made by me.

Second. I appoint my sons John Bray Ayre, Frederick Wayne Robert Chesley Ayre, and Charles Pascoe Ayre to be executors of this my will.

Third. I will devise and bequeath unto my executors aforesaid all that Dwelling House on Rennies Mill Road in St. John's in which I now reside in trust however for my daughter Mary Hannah McDougal for her sole and separate use during her lifetime, she paying the ground rents and all cares, taxes and outgoings payable in respect of the said dwelling house and observing and performing the covenant contained in the lease under which the same is held and maintaining the said dwelling house in proper repair. And I declare that after the death of my said daughter the said dwelling house shall fall into and become part of my residuary estate.

Fourth. I give and bequeath unto my executors aforesaid the sum of six thousand dollars upon trust that they shall invest the same or put the same out at interest, with liberty from time to time to vary the investments thereof and shall stand possessed of the same in trust to pay the income thereof to my daughter Mary Hannah McDougal for her sole and separate use during her lifetime. And I declare that after the death of my said daughter the said sum of six thousand dollars and the investments thereof shall fall into and become part of my residuary estate.

Fifth. I give and bequeath unto my executors aforesaid the sum of six thousand dollars upon trust that they shall invest the same or put the same out at interest, with liberty from time to time to vary the investments thereof and shall stand possessed of the same in trust to pay the income thereof to my niece Catherine Cole for her sole and separate use during her lifetime. And I declare that after the death of my said niece the said sum of six thousand dollars and the investments thereof shall fall into and become part of my residuary estate.

Sixth. I hereby expressly will and declare that my said executors shall have absolute discretion to invest the said legacies of six thousand dollars each mentioned in the fourth and fifth paragraphs of this my will in such securities, and to lend the same unto such persons, firms, businesses [including the business carried on in St. John's under the firm au(???)le of Ayre + Sons], Undertakings and adventures, And to deposit the same in such banks as they shall from time to time think fit, and that they shall not in any event be held responsible for or chargeable with any losses that may be incurred by reason of the investments loan, deposits or dealing with the same that they may at any time make in the exercise of the discretion herein conferred upon them.

Seventh I give and bequeath to my son the Reverent George James Ayre the sum of two thousand and fifty Pounds Sterling.

Eighth. I give and bequeath to the trustees of the George Street Methodist Church in St. John's for the use of said church the sum of five hundred dollars.

Ninth. I give and bequeath to the Methodist Orphanage at St. John's the sum of five hundred dollars.

Tenth. All the rest, residue and remainder of my estate I give devise and bequeath unto my sons John Bray Ayre, Frederick Wayne Robert Chesley Ayre, and Charles Pascoe Ayre share and share alike. And I hereby expressly will and declare that should any one or more of my sons John Bray Ayre, Frederick Wayne Robert Chesley Ayre, or Charles Pascoe Ayre die before me or die before my daughter Mary Hannah McDougal or die before my niece Catherine Cole then and in each of such cases the executors and administrators of my said son or sons so dying before me or before my said daughter or before my said niece shall take the share of my said residuary estate which would, if he or they had been living when either of the said events shall occur have gone to him or them.

Dated at St. John's, Newfoundland this 16th day of January A.D. 1902
Mary Hannah Ayre
Signed Published and Declared by the said testator as and for her last will and testament (??) Herbert Knight       Walter Morrissey


This is a codicil to the Last Will and Testament dated the 16th day of January A.D. 1902 by me Mary Hannah Ayre of St. John's Widow.

First. I will and direct that the devise and bequest of a life interest in the house in which I now reside for the sole and separate use of my daughter Mary Hannah McDougal be subject to the condition following, namely:- that my son Frederick W. Ayre shall have the option during a period of three months from the date of my decease to purchase the said house for the sum of three thousand five hundred dollars, and that in the event of his purchasing the said house within the said period my executors shall hold the purchase money thereof in trust to pay the income thereof to my daughter Mary Hannah McDougal for her sole and separate use during her lifetime, and that after the death of my said daughter the said purchase money shall fall into and become part of my residuary estate, And it is my express will and desire that my executors shall have absolute discretion to invest the said purchase money in such securities and to lend the same unto such persons, firms businesses, companies, [including the Company of "Ayre + Sons Limited"], undertakings and adventures, and to deposit the same in such banks, as they shall from time to time think fit, and that they shall not in any event be held responsible for or chargeable with any losses that may be incurred by reason of the investments, loans, deposits, or dealing with the same that they may at any time make in the exercise of the discretion herein conferred upon them.

Second. I will and direct that my executors shall have absolute discretion to invest the legacies of Six Thousand Dollars each mentioned in the fourth and fifth paragraphs of my will in such securities, and to lend the same unto such persons, firms, businesses, companies {including the Company of "Ayre + Sons Ltd"} undertakings and adventures and to deposit the same in such banks, as they shall from time to time think fit, and that they shall not in any event be held responsible for or chargeable with any losses that may be incurred by reason of the investments, loans, deposits or dealing with the same that they may at any time make in the exercise of the discretion I herein conferred upon them.

Dated at St. John's, Newfoundland, this 28th day of February A.D. 1905.
M.H. Ayre.

Signed published and Declared by the said Testator as and for a Codicil of Her Last Will and Testament in our presence who in her presence and at her request have hereunto subscribed our names as witnesses
Herbert Knight       Arthur Geo. Heath


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

(Listed in the margin next to the will the following)
Fiat
Oct 17/17
Kent J
Probate
Oct 28/17
granted to
Frederick Wayne
+ Charles
P. Ayre Estate

sworn at
$41,300.00

 

 

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 and Eric Weller

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

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