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A Collection of Newfoundland Wills (B)
Hugh Baird

 

 

Will of Hugh Baird
from the Newfoundland will books volume 12 pages 196 to 199 probate year 1922

In re HUGH BAIRD.      DECEASED.

This is the last Will and Testament of me Hugh Baird, of St. John's, in the Island of Newfoundland. Merchant.

  • FIRST: I revoke all former wills by me at any time made and I nominate and appoint my wife Madeline Baird, my nephew James Baird and The royal Trust Company, of which J. A. Paddon, Manager of the Bank of Montreal, St. John's Branch, is the Agent for Newfoundland, to be the Executors of this my last will and testament.
  • SECOND: I give and bequeath unto my wife Madeline Baird and to my son John Maxwell Poole Baird equally all and singular the proceeds of any Life Insurance Policies which may become due at my death as well as the proceeds of any Accident Insurance Policies I may have in effect at that time.
  • THIRD: I give devise and bequeath unto my said Executors my land and dwelling house situate on Cathedral Hill in St. John's, aforesaid, TO HOLD the same for the use and benefit of my said wife Madeline Baird during her lifetime and after her death to transfer the same to my said son John Maxwell Poole Baird for his absolute use and benefit for ever.
  • FOURTH: I give, devise and bequeath unto the following Charitable Organizations the sum of Five hundred dollars each, that is to say,
    The Church of England Asylum for Orphans,
    The Methodist Orphanage,
    the Roman Catholic Orphanage called the Belvidere Orphanage,
    The Roman Catholic Orphanage called Mount Cashel Orphanage,
    and the Salvation Army Rescue Home (making a total of Two thousand Five hundred dollars) to be applied by the Managers of the said Institutions in such manner as they shall respectively deem most desirable for the benefit of such Institution, AND I declare that the receipts of the said Managers of the said Charitable Organizations to which I am bequeathing legacies as hereinbefore mentioned shall be sufficient discharge to my said Executors for such legacies.
  • FIFTH: I give, devise and bequeath to the Tasker Educational Fund the sum of One thousand dollars (1000.00) AND I DECLARE that the receipt of the Treasurer of the said Fund shall be sufficient discharge to my said Executors for such legacy.
  • SIXTH: I give, devise and bequeath the following sums of money to the following Employees of James Baird Limited, provided they are in such employ at the time of my death, that is to say,
    to Andrew K. Lumsden the sum of One thousand dollars,
    to Patrick J. Berrigan the sum of One thousand dollars,
    to William Piercey the sum of One thousand dollars,
    to Michael Power the sum of One thousand dollars,
    to J. Harvey Jardine the sum of One thousand dollars,
    to John Reddy the sum of Five hundred dollars,
    to J. Harvey Parsons the sum of Five hundred dollars,
    and to Robert Bartlett the sum of Two hundred and Fifty dollars.
  • SEVENTH: I give, devise and bequeath to Thomas Anderson, my Godson, son of Dr. Thomas Anderson, of St. John's, aforesaid, the sum of Five hundred dollars.
  • EIGHTH: I give, devise and bequeath to Eileen Chasemore, daughter of Archibald Chasemore, of Stockhurst, Oxted, Surrey, England, the sum of Five hundred dollars.
  • NINTH: I give, devise and bequeath to my Grand nephew Hugh Baird Carmen, son of Enid Carmen the sum of Fifteen thousand dollars (15.000.00) This legacy is, however, to be held by my said Executors and the interest thereof, and if need be the principal, is to be applied to the maintenance and education of my said Grand nephew Hugh Baird Carmen in such manner and at such times as my said Executors shall determine, having regard to the wishes of his parents, and to pay over to the said Hugh Baird Carmen, the balance remaining, if any, out of the said sum when he shall attain the age of Twenty one years, my said Executors having the option of giving to him at that time any or all such securities as they shall have on hand of the said sum, or balance thereof in cash. In the event of the said Hugh Baird Carmen not attaining the age of Twenty one years the balance of the said sum remaining over at the time of his death shall form part of the residue of my estate.
  • TENTH: To the Trustees of St. Andrews Church, of St. John's, aforesaid, to be expended by them at such time or times and in such manner as they shall determine for the benefit of the said Church. I give and bequeath the sum of Five thousand dollars. AND I DECLARE that the receipt of the said Trustees shall be sufficient discharge to my said Executors for such legacy.
  • ELEVENTH: It is my will and desire that sufficient shares and stocks in companies and other investments, with the exception of my shares in James Baird Limited, and also with the exception of my shares in Ships and shipping managed by that firm, be realized in such manner as my said Executors shall deem best, and that the foregoing legacies be paid out of such realizations, and that the remainder of such securities be held by my said Executors and the interest arising therefrom be paid over to my said wife and son, the said John Maxwell Poole Baird, in the following proportions, that is to say, Two thirds to my said wife and one third to the said John Maxwell Poole Baird, during the lifetime of my said wife.
  • TWELFTH: I give, devise and bequeath all my shares in the said Firm or Company of James Baird Limited, together with my interest in the lands and premises at present occupied by the said firm or company of James Baird Limited, and also all my shares or interest in the ships or shipping managed by the said firm or company of James Baird Limited unto my said Executors to hold the same for the use and benefit of my said wife and the said John Maxwell Poole Baird, and to pay the interest, dividends, and profits arising therefrom unto them in the following proportions, that is to say, Two thirds of same to my said wife and one third to the said John Maxwell Poole Baird during the term of the natural life of my said wife.
  • THIRTEENTH. On the death of my said wife I give and bequeath One half of the said shares in the said Firm or Company of James Baird Limited, also one half of my shares or interest in and to all ships and shipping managed by the said Firm or Company, also one half of my said remaining securities and also one half of my interest in the lands and premises at present occupied by the said Firm or Company of James Baird Limited to the said John Maxwell Poole Baird, the remaining half to be divided as follows, that is to say, One half part to be equally divided between the children of my brother James C. Baird and of my sister Annie Jessie Carter, and the remaining one half part to be equally divided between Margaret Baird, wife of the said John Maxwell Poole Baird, and my nephew Cyril B. Carter, in addition to the shares hereinbefore bequeathed to them as children of my sister Annie Jessie Carter. Should any of my said nephews or nieces die during my lifetime I desire the children of such deceased nephews or nieces so dying to take his or her parents share. This bequest, however, is made on the express condition that should either of the beneficiaries hereunder desire, at any time, to sell or dispose of any of their shares or interest they shall give the first option or right to purchase the same to one or more of the then Directors of the said Firm or Company of James Baird Limited as provided for in the Articles of Association of that Firm or Company.
  • FOURTEENTH. All the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate I give, devise and bequeath to my said wife Madeline Baird and my said son John Maxwell Poole Baird absolutely and for ever in equal shares.
  • FIFTEENTH: In the event of my said son John Maxwell Poole Baird dying during my lifetime then I give and bequeath One third of the several bequests hereinbefore given to him to his wife the said Margaret Baird during her lifetime or until she remarries and the remaining two thirds to be equally divided between the issue of the said John Maxwell Poole Baird. On the death or remarriage of the said Margaret Baird I give and bequeath the same to be equally divided between the issue of the said John Maxwell Poole Baird. Should, however, the said John Maxwell Poole Baird die without leaving issue then it is my will and desire that the bequests given to his issue under this clause of my will shall be equally divided between the children of my brother James C. Baird and of my sister Annie Jessie Carter. AND I DECLARE that in the event of the sale of any of my securities my said Executors shall not be answerable for any loss or losses occasioned thereby. As to the compensation of my said Executors for their services as such, I hereby declare that the said Royal Trust Company shall be entitled to charge the fees provided in their scale of fees for services as Executors, and that a sum equal to the amount so charged by the said Royal Trust company shall be divided equally between my other two Executors.

In Witness Whereof I have hereunto set my hand at St. John's, aforesaid, this 15th day of July. A.D. 1921. HUGH BAIRD.
Signed by the Testator as and for his last will and testament in our presence, who in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
MERCEDIS KELLY.     E.S. PINSENT. Solr.

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

(Listed in the Margin next to this will the following)
Fiat March 31/22
Horwood C.J.
Probate granted to
Madeline Baird
James Baird,
The Royal Trust
Co. May 18/22
Estate sworn
at $610.400.95

 

 

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 23, 2002

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