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(B)
Sidney Branscombe
Will of Sidney Branscombe from Newfoundland will books volume 5 pages 78-90 probate year 1886 Last will and Testament of Sidney Branscombe This is the last will and Testament of me Sidney Branscombe of the Parish of Saint Michael and Island of Barbados spinster. I direct my debts and funeral and testamentary expenses paid. I bequeath my books jewels ornaments of the person wearing apparel and all other my personal effects (excepting furniture silver plate and plated articles household linen china glass pictures and other household and housekeeping effects) unto my niece Marion Lenora Winter and I also bequeath to her ten shares which I hold in the Bridgetown Waterworks Company. I bequeath my furniture silver plate and plated articles household linen china glass pictures and other household and housekeeping effects unto my sister Leonora Sophia Winter for her life and after her death unto her husband George Winter for his life and from and after the death of the survivor of them the said Leonora Sophia Winter and George Winter I bequeath the same unto the said Marion Leonora Winter. I devise all the real estate in the colony of Newfoundland of which I shall be possessed at the time of my decease unto and to the use of my friends Doctor John Winter of the Town of St. John's in Newfoundland aforesaid and Malby Trivingham of the said parish of Saint Michaels and Island aforesaid and to my nephew Clifford Isaac Winter of the said Parish of Saint Michaels and Island aforesaid their heirs and assigns upon Trust that the said John Winter Malby Trivingham and Clifford James Winter or the survivors or survivor of them or the heirs executors or administrators of such survivor or other the Trustees or Trustee for the time being of this my will hereinafter referred to as my Trustees or Trustee shall at such time or times and in such manner as they or he shall think fit sell my said real estate in Newfoundland with liberty upon every or any sale thereof to make any ??? or ??? or other conditions as to title or evidence or Commencement of Title or to any other matters connected with the sale thereof and to grant defeasances for the payment of the purchase money thereof or any part thereof and to accept such security for the purchase money or any unpaid part thereof as to my Trustees or Trustee shall seem expedient with liberty also to fix Escroed buildings and to bargain the premises at any sale by public auction and to E??id or vary either on terms or gratuitously any contract for sale without being liable for any consequential loss and also to execute such instruments and assurances as shall be requisite for effecting and completing the sale of my said real estate in Newfoundland to any person or persons who may become the purchaser or purchasers thereof or as he or they shall direct and I declare that my trustees or trustee shall with and out of the moneys produced by the sale of my said real estate in Newfoundland pay any debts which may at the time of my decease be liens on the same real estate and shall invest the residue of the said moneys in and upon good and sufficient real security either in the Island or elsewhere or in the Parliamentary stocks or funds of Great Britain with power for my trustees or trustee from time to time to vary the said investments into or for others of the same or a like nature and shall stand possessed of the residue of the said moneys produced by such sale and the investments for the time being representing the same (hereinafter called the Newfoundland Trust Funds) upon the trusts following that is to say In Trust to pay the annual income of the Newfoundland trust funds unto the said Leonora Sophia Winter for her life and after the death of the said Leonora Sophia Winter in trust to pay the said annual income unto the said George Winter for his life And after the death of the survivor of them as to as well the safeted as the annual income of the Newfoundland Trust Funds upon the trusts hereinafter declared that is to say I declare that my trustees or trustee shall set apart two seventh parts of the Newfoundland Trust Funds and the annual income thereof (the whole into seven equal parts being considered as divided) and shall stand possessed of the said two seventh parts on the Trusts hereinafter declared concerning the same And I declare that my trustees or trustee shall stand possessed of one of the said two seventh parts of the Newfoundland Trust Funds so set apart as aforesaid upon trust as to the annual income of the same one seventh part accruing due in the lifetime of my nephew George Augustus Winter to supply the whole or such portion as my trustees or trustee shall think fit of the said income for the personal maintenance and support of the said George Augustus Winter or to pay the same or such portion thereof as they or he shall think fit to any person or persons to be so supplied without liability on the part of my trustees or trustee to enquire into the application thereof or at the option of my trustees or trustee to pay or apply the whole or such portion as they or he shall think fit of the said income for the benefit of his wife or children or other issue for the time being in existence or some or one or more of those objects if any and if one of the persons or some one or more of the persons for the time being entitled to the income of the remainder of the Newfoundland Trust Funds (after setting apart the said two seventh parts) by virtue of the Trusts hereinafter declared concerning the same to the intent that my trustees or trustee may be enabled to adapt the disposition of the said income of the same one seventh part to the circumstances for the time being of the said George Augustus Winter and thereby to serve as far as possible his personal enjoyment thereof and provide the same from investment property of his shares or creditors and as to the income of the same one seventh part of the Newfoundland Trust Funds to accrue due after the decease of the said George Augustus Winter upon trust for Elizabeth Clarke Winter the wife of the said George Augustus Winter for her life if she shall so long continue his widow and from and after the decease or second marriage of the said Elizabeth Clarke Winter then as to the capital of the same one seventh part of the Newfoundland Trust Funds and the annual income thereof to accrue due after the decease or second marriage of the said Elizabeth Clarke Winter in trust for all the children of the said George Augustus Winter who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry in equal shares and if there shall be only one such child the whole to be in trust for that one child But in case there should be no such child of the said George Augustus Winter then the same one seventh part of the Newfoundland Trust Funds and the annual income thereof to accrue due after the decease or second marriage of the said Elizabeth Clarke Winter shall be divided into six equal parts and one of such six equal parts shall be upon the same trusts as are hereinafter declared concerning the other of the said two seventh parts of the Newfoundland Trust Funds so set apart as aforesaid and the remaining five of such six equal parts shall be upon the same trusts as are hereinafter declared concerning the said remainder of the Newfoundland Trust Funds (after setting apart the said two seventh parts) And I declare that my trustees or trustee should stand possessed of the said remainder of the Newfoundland Trust Funds (after setting apart the said two seventh parts) upon trust to divide the same equally between my nieces and nephews Isabella Amelia Winter Jessie Maria Trimingham the wife of Warrick George Trimingham the said Marion Leonora Winter Charles Trimingham Winter and the said Clifford James Winter Provided Always that if either of them the said Isabella Amelia Winter Jessie Maria Trimingham Marion Leonora Winter Charles Trimingham Winter and Clifford James Winter shall die in my lifetime having a child or children who shall survive me and being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry then and in any such case the last mentioned child or children shall take and if more than one equally between them the share (as well original as accruing under the subsequent provision of this my will) which his her or their parent would have taken under this my will if such parent had survived me but in case the said Isabella Amelia Winter Jessie Maria Trimingham Marion Leonora Winter Charles Trimingham Winter or Clifford James Winter shall die in my life time with out leaving such children as last aforesaid then the share (as well original as accruing under this provision of this my will) which the one of them so dying would have taken had she or he survived me shall be upon trust for the others or other of them the said Isabella Amelia Winter Jessie Maria Trimingham Marion Leonora Winter Charles Trimingham Winter and Clifford James Winter and the said Louisa Sidney Pitcher and if more than one to be equally divided between them the share of the said Louisa Sidney Pitcher under this last limitation being on the same trusts as are hereinbefore declared concerning the one seventh part of the Newfoundland trust Fund so set apart as aforesaid on trust for the said Louisa Sidney Pitcher and her daughters. I devise my place called "Autumnville" in the said Parish of St. Michael and Island aforesaid with the lands buildings hereditaments and appurtenances thereon and thereto belonging and being and all other the residuary real estate to which I may be entitled at my decease (except estates vested in me as a trustee or mortgagee) and which said place called Autumnville and the other residuary real estate (except as aforesaid) are all intended to be comprised in the expression "residuary real estate" hereinafter used. I bequeath all the residuary personal estate to which I may be entitled at my decease unto and to the use of the said John Winter Malby Trimingham and Clifford James Winter their heirs executors administrators and assigns respectively upon trust that my trustees or trustee shall at such time or times and in such manner as they or he shall think fit sell call in and convert into money the said residuary real and personal estate or such part thereof as shall not consist of money with regard to the sale of the said residuary real estate as is hereinbefore conferred upon my trustees or trustee with reference to the sale of my said real estate in Newfoundland And I declare that my trustees or trustee shall with and out of the moneys produced by such sale calling in and conversion and with and out of such part of my personal estate as shall consist of money pay my funeral expenses and debts (except any debts which may at the time of my decease be liens on my said real estate in Newfoundland) and shall invest the residue of the said moneys in and upon good and sufficient real security either in this Island or elsewhere or in the parliamentary stocks or funds of Great Britain with power for my trustees or trustee from time to time to vary the said investments into or for others of the same or a like nature and shall stand possessed of the said residue of the said moneys and the investments for the time being representing the same (hereinafter called the residuary Trust Funds) upon the trusts following that is to say in trust to pay the annual income of the residuary trust funds unto the said Leonora Sophia Winter for her life and after the death of the said Leonora Sophia Winter in trust to pay the said George Winter for his life and after the death of the survivor of them the said Leonora Sophia Winter and George Winter in Trust to pay the said annual income unto the said Marion Leonora Winter till the expiration of six calendar months from the date of the survivor of them the said Leonora Sophia Winter and George Winter and after the expiration of six calendar months from the death of the survivor of them the said Leonora Sophia Winter and George Winter as to as well the capital as the annual income of the residuary trust funds upon the trusts hereinafter declared that is to say I declare that my trustees or trustee shall divide the residuary trust funds into three equal parts and shall stand possessed of one of such equal third parts of the residuary trust funds hereinafter referred to as "the Pitchers third" upon the same trusts as are hereinbefore declared in favour of the said Louisa Sidney Pitcher and her daughters of and concerning one of the hereinbefore mentioned two seventh parts of the Newfoundland Trust Funds so set apart as aforesaid. And I declare that my trustees or trustee shall stand possessed of one other of such equal third parts of the residuary trust funds hereinafter referred to as "the Trimingham's third" upon trust for the said Jessie Maria Trimingham during her life and from and after her decease upon trust for any husband who may survive her during his life and from and after the decease of the survivor of them the said Jessie Maria Trimingham and her present or any future husband my trustees or trustee shall stand possessed of "the Trimingham's third" upon trust for all the children of the said Jessie Maria Trimingham who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry in equal shares and if there shall be only one such child the whole to be in trust for that one child but in case there shall be no such child of the said Jessie Maria Trimingham then the Trimingham's third and also any portion of the remaining one of the said three equal parts of the residuary trust funds which under the trusts hereinafter declared may be upon the same trusts as the Trimingham's third shall be held by my trustees or trustee upon the same trusts as and hereinbefore and hereinafter declared concerning the Pitchers third and the remaining one of the said three equal parts of the residuary trust Funds or such of the same trusts as are then subsisting and capable of taking effect And I declare that my trustees or trustee shall stand possessed of the remaining one of the said three equal parts of the residuary trust funds hereinafter referred to as "the Winter's third) upon trust for the said Marion Leonora Winter during her life and from and after her decease upon trust for any husband who may survive her during his life and from and after the decease of the survivor of them the said Marion Leonora Winter and any future husband my trustees or trustee shall stand possessed of the Winters third upon trust for all the children of the said Marion Leonora Winter who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry in equal shares and if their shall be only one such child the whole to be in trust for that one child. But in case there shall be no such child of the said Marion Leonora Winter then the Winters third and also any portion of the Trimingham Third which under the trusts hereinbefore declared may be upon the same trusts as the Winter's third shall be held by my trustees or trustee upon the same trusts as are hereinbefore declared concerning the Pitchers third and the Trimingham's third or such of the same trusts as are then subsisting and capable of taking effect provided always and I hereby declare that if any person Entitled in Expectancy to a share of the Newfoundland Trust Funds or of the Residuary Trust funds shall be under the age of twenty one years and being a female shall be unmarried at the time of the cessation of all prior interests in the share to which such minor shall be Entitled in Expectancy as aforesaid then my trustees or trustee shall apply all or such part as they or he shall think fit of the income of the same share for or towards the maintenance or education of such minor with the liberty for my trustees or trustee to pay the said income to the Guardian or any of the guardians of such minors for the purpose aforesaid without being liable to see to the application thereof and shall invest the residue (if any) of the said income and the resulting income thereof so as to accumulate at compound interest to the intent that such accumulations shall be added to the principal share from which the same shall have arisen and follow the destination thereof but my trustees or trustee may at any time resort to the accumulations of any preceding year or years and apply the same for or towards the maintenance or education of any person for the time being presumptively entitled thereto provided also and I hereby declare that any female entitled to any property under this my will shall take the same for her sole and separate use free from marital control debts and engagements and that her receipt alone shall notwithstanding coverture be a sufficient discharge for any money. And I declare that my trustees or trustee shall have discretionary authority to postpone the sale of my said real estate in Newfoundland and of the said residuary real estate and also to postpone the getting in of such part of the said residuary personal estate as shall be invested on security at my decease yielding interest and to permit the same to remain in the same state of investment as to them or him shall seem expedient and that the rents profits and income to accrue from and after my decease of and from such part of my said real estate in Newfoundland and of the said residuary real and personal estate as shall for the time being remain unsold and unconverted shall after payment thereout of all incidental expenses and outgoings be paid and applied in the like shares and proportions and upon and for the same trusts and purposes as the interest of the monies produced by the sale and conversion of the property producing such profits as would be payable under the trusts of this my will in case such sale and conversion had actually taken place But I declare that notwithstanding the postponement of the sale of my said real estate in Newfoundland or of the said residuary real estate or any part thereof the same shall for the purpose of enjoyment and tranmission be considered as converted in equity from the time of my decease and be answerable as personal estate accordingly I declare that the receipts of my trustees or trustee shall exonerate purchasers and others paying moneys to such trustees or trustee by virtue of this my will from all liability in respect of the application thereof and from the necessity of enquiring as to the propriety or regularity of any sale of other transactions purporting to be made under the trusts and provisions of this my will. I devise all estates vested in me as a trustee or mortgagee unto the said John Winter Malby Trimingham and Clifford James Winter their heirs executors administrators and assigns subject to the equities and trusts affecting the same respectively but so that the moneys secured by any mortgage shall form part of my personal estate. And I declare that if the trustees hereby appointed or any or either of them my lifetime or if they or any or either of them or any future trustee or trustees of this my will shall die or shall desire to retire from or refuse or become incapable to act in the trusts of this my will before the same shall be fully performed then in every such case it shall be lawful for the continuing trustees or trustee for the time being of this my will or if future trustees then continuing Trustees, then for the entering or refusing trustees or trustee or the executors or administrators of the last acting trustee to appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying or desiring to retire or refusing or becoming incapable to act as aforesaid and upon every such appointment the trust premises shall be so transferred as to become vested in the new trustee or trustees either jointly with the continuing trustees or trustee or solely as the case may require and every such new trustee (as well before as after the said trust premises shall have become vested in him) shall have all the powers and authorities of the trustee for whom he shall be substituted. I appoint the said John Winter, Malby Trimingham, and Clifford James Winter to be executors of this my will and I declare that the said Malby Trimingham may by himself or his Firm act as solicitor for in relation to my estate or to my executors or executor trustees or trustee for the time being and shall be entitled to charge and shall be paid for all business done by him as such solicitor in the same manner as if he had not been an executor or trustee. Lastly I revoke all other testamentary dispositions. In testimony whereof I the said Sidney Branscombe have to this my last will and testament contained in eleven sheets of paper set my hand to the ten preceding sheets and my hand and seal to this the eleventh and last sheet this thirtieth day of April in the year of our Lord one thousand eight hundred and eight three - Sidney Branscombe (LS) Signed Sealed published and declared by the Testatrix the said Sidney Branscombe as and for her last will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses - J. H. Braithwaite - Louisa Crawford. I certify that the foregoing is a correct copy of the copy annexed to the precaplification of the Probate granted by the Court of Ordinary Barbados.
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Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday May 08, 2013)
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