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Will of Robert Bayly
I Robert Bayly formerly residing at Trinity Newfoundland and presently in West Graham Street Glasgow for the regulation of the succession to my means and estate after my death do hereby give grant dispone devise and convey to and in favour of Charles McFarlane Commission Merchant in Glasgow, Andrew Murie residing in Granville Place Glasgow, Ogilvie H. Blair Warehouseman residing in West Graham Street Glasgow, Theodore Clift Senior residing at Saint John’s Newfoundland James Howe Senior Merchant there and such other person or persons as I may hereafter appoint or as may be assumed into the trust hereby created and the acceptors and survivors and acceptor and survivor of them as trustees and trustee for the ends uses and purposes after written and to the heir of the last survivor (the majority accepting and surviving and resident in Great Britain for the time being a quorum and declaring that the said trustees resident in Newfoundland shall have full power by themselves alone to realize and administer such portions of my estate as may be situated there) all and sundry my whole means and estate heritable and moveable real and personal wherever situated which shall belong to me at the time of my death including specially the whole money belonging to me in the Royal Bank of Scotland at Glasgow money in the Union Bank Saint John’s both such as may have been lodged by me therein and as may have been received by the Manager thereof on my behalf for retiring salaries from the Newfoundland Government also money in my own name and money lodged by me in the name of my wife Margaret Bayly now deceased in the Saint John’s Newfoundland Savings Bank; also money in the hands of Doctor Robert White of Trinity Newfoundland and my pew in Trinity Church Newfoundland and Office Furniture belonging to me in Newfoundland together with the Writs and Vouchers of my said estate, And I appoint the said Charles McFarlane, Andrew Murie, Ogilvie H. Blair, Theodore Clift Senior and James How Senior and their foresaids to be my executors and executor:
But these presents are granted in trust always for the ends uses and purposes following vizt; first, for payment of all my just and lawful debts and funeral charges:
Second, for payment and satisfaction, at the first term of Whitsunday or Martinmas after my decease of the following legacies and bequests vizt To my daughter Mary Ann Bayly my whole bedding, furniture and books, to my daughter Emily Susannah wife of the said Charles McFarlane twenty five pounds sterling, to my sister Mary Ann Philpot of Longfleet Poole England twenty pounds sterling, to Robert Bayly Robertson son of Malcolm Robertson Clothier Bristol Five pounds sterling and my gold watch and aluminum chain; to Miss Jane Black of Bristol sister of my late wife my late wife’s gold watch and gold chain, to my grandson Robert Foote son of Giles Foote of Tilt Cove Newfoundland my silver watch;
Third, for payment to my daughter the said Mary Ann Bayly, so long as she shall not have entered into marriage of an annuity of seventy pounds sterling which annuity shall be payable to her in two portions in each year in advance beginning the first payment thereof as on the date of my death for the half year succeeding;
And Fourth my Trustees shall pay and divide the whole residue of my estate to and equally among my whole children the said Mary Ann Bayly, the said Emily Susannah Bayly or McFarlane, Mrs. Sophia Charlotte Bayly or Foote wife of the said Giles Foote, Mrs. Jessie Elizabeth Bayly or Shears wife of John Churchill Shears of Kings Cove Newfoundland, Robert James Bayly, William Kelson Bayly and Joseph Richard Baxter Bayly, or the survivors and survivor of them jointly with the issue of any of them who may predecease me leaving issue (such issue succeeding equally among them to the share which would have fallen to their parents on survivance) And I declare that the whole provisions which are conceived in favour of or which may descend to females under these presents or under any codicil thereto shall be exclusive of the jus mariti and right of administration of any husbands to whom they then are or may thereafter be married. And that the foresaid annuity to my daughter shall be held to be an alimentary provision not assignable by her nor affectable by her debts or deeds- And in addition to all powers, rights and privileges belonging to gratuitous trustees by Statute and at Common Law I hereby empower my said Trustees if they think it right to invest the trust funds in the purchase or upon the security of lands buildings few duties ground annuals or other heritable property or in the shares or stocks or bonds or mortgages of any Incorporated Companies Railway companies or public trusts in Great Britain or Ireland or in Newfoundland and to realize and change the said investments from time to time Declaring that purchasers debtors and other parties paying money to my Trustees shall have no concern with the application thereof and that the receipt of such of my Trustees as are in the United Kingdom shall be a sufficient discharge to all parties paying money to them there and the receipt of such of my trustees as may be in Newfoundland shall be itself a sufficient discharge of all my estate thereof and to all persons paying money to them there.
And I revoke all former wills and testamentary deeds made by me. And I dispense with delivery hereof. And I reserve my own life-rent of the estate hereby conveyed and full power to revoke or alter these presents at pleasure. And I consent to the registration hereof for preservation. In witness whereof these presents written on this and the two preceding pages by James Harvey Allison Clerk to Carruthers & Gemmill Writers in Glasgow are subscribed by me the said Robert Bayly and I have hereunto set my hand and seal at Glasgow Scotland upon the twenty-seventh day of February in the year eighteen hundred and seventy five before these witnesses William Gemmill and Henry Stevenson Carruthers both Solicitors one hundred and fifty Hope Street Glasgow. (Signed Robt Bayly. Signed and sealed and as and for his last will and testament by the said Robert Bayly, published and declared before and in presence of the following witnesses who in his presence and in presence of each other adhibit their signatures as witnesses. (Sd) Wm. Gemmill of 150 Hope Street Glasgow Scotland Solicitor Witness. (Sd) Henry S. Carruthers of 150 Hope Street Glasgow Scotland Solicitor witness.
Copy Codicil on separate paper. 1 Wendover Crescent Mount Florida South Side Glasgow Feby 9th 1876. I Robert Bayly desire that after my death the residue of my effects or the value thereof (and not provided for in my last will and testament made in Glasgow Feby 1875) be divided equally amongst my several children named in said will. Given under my hand the ninth day of Feby A.D. 1876. (Signed) Robt. Bayly.
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 & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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