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A Collection of Newfoundland Wills
(B)
Elizabeth Browning

 

Will of Elizabeth Browning from Newfoundland will books volume 15 pages 12-16 probate year 1929

IN RE                         DECEASED.
ELIZABETH BROWNING
.

THIS IS THE LAST WILL AND TESTAMENT of me Elizabeth Browning, of St. John's in the Colony of Newfoundland Spinster.

  1. (a) I appoint the Royal Trust Company of St. John's, Dr N. S. Fraser and James Crawford, both of St. John's, to be the executors and Trustees of this my will.
    (b) I direct my said executors and trustees to pay and provide for my just debts, funeral and testamentary expenses, death duties, out of my moneys in hand or in the bank, or if such prove insufficient from the conversion into money of such of my securities as they shall deem necessary and proper.
  2. I give and bequeath the following specific pecuniary legacies for which the receipt of the persons named shall be a sufficient discharge to my Executors and Trustees.
    (a) To my cousins, Jane Abram and Carrie Abram, at present of Lime Grove, Breadstone, Berith, in Ayrshire, Scotland, the sum of fifteen hundred dollars ($1,500), to be divided equally between them. In the event of one of my said cousins predeceasing me, the whole of the said legacy to go to the survivor thereof.
    (b) To Maurice W. Bell, at present of Allerton, Bywater, Castleford, in Yorkshire, England, the sum of two thousand dollars ($2,000)
    (c) To my cousin Rev. Robert Browning, at present of Anniesland, 3 Drummond Gardens, Glasgow, Scotland, the sum of one thousand dollars ($1,000).
    (d) To Mrs. Jessie R. Johnstone, at present of 11 Dane Park Road, Margate, England, the sum of One thousand dollars ($1,000).
    (e) To Miss Kate Barnett, at present of 2 Balmoral Crescent, Cross Hill, Glasgow, the sum of one thousand dollars ($1,000).
    (f) To Dr. N. S. Fraser, at present of St. John's Newfoundland, the sum of Five thousand dollars ($5,000), this legacy to be separate and apart from any proper fees due to the said Dr. N. S. Fraser as Executor and Trustee of this my will.
    (g) To Richard Noseworthy, of St. John's, Newfoundland, at present employed at "Richmond" the sum of Two hundred and fifty dollars ($250.00)
    In the event of any of the pecuniary legatees designated in this paragraph predeceasing me, the share of such legatee is (except as provided in sub-section (a) hereof) to lapse and revert to the residue of my estate.
  3. I also give and bequeath the following specific pecuniary legacies
    (a) To the Bishop of Newfoundland and the Council of Queen's College and their successors in office, the sum of Twelve hundred and fifty dollars ($1,250) in trust, to be invested and the money to be applied to the maintenance in Queen's College of one or more students to be known as "Browning" students for the work of the church in Newfoundland.
    (b) To the trustees of the Memorial University College in St. John's, in trust, to be applied to and form part of the "Scholarship Fund" of that institution, the sum of one thousand dollars ($1,000).
    (c) To the trustees of the Church of England Boys Orphanage in St. John's, in trust, to be applied as they shall deem fit to the purposes of that institution, the sum of Twelve hundred and fifty dollars ($1,250).
    (d) To the trustees of the Church of England Girls Orphanage in St. John's, in trust, to be applied as they shall deem fit to the purposes of that institution, the sum of Twelve hundred and fifty dollars ($1,250)
    (e) To the trustees of the United Church College in St. John's, in trust, to be applied as they shall deem fit to the purposes of that institution, the sum of five hundred dollars ($500.00).
    (f) To the trustees of Bishop Spencer College in St. John's, in trust, to be applied as they shall deem fit to the purposes of that institution, the sum of Two hundred and fifty dollars ($250.00)
    (g) To the Trustees of the Springdale Street Commercial School, in trust, to be applied as they shall deem fit to the purposes of that institution the sum of Two hundred and fifty dollars ($250.00).
    (h) To the Trustees or proper officers of the Newfoundland Outport Nurses Industrial Association in St. John's, in trust, to be applied as they shall deem fit, the sum of Five hundred dollars ($500.00).
    (i) To the trustees or proper officers of the Old Ladies Home in St. John's in trust, to be applied as they shall deem fit, the sum of Five hundred dollars ($500.00).
    The receipt of the Treasurer or other proper officer of a Charitable, Religious or Educational Institution or Organization to which legacy is given hereunder shall be a complete discharge to my executors and trustees.
  4. I give devise and bequeath my undivided half interest in the dwelling house in which I am now residing, known as "Richmond", together with the pleasure grounds, lands, gardens, outbuildings and appurtenances thereunto belonging or usually held or enjoyed therewith, and any of the plate or plated articles, linen, china, glass, books, pictures, prints, furniture and articles of household use or personal use or ornament, and other articles and effects of every kind which at my death shall be in or about the said dwelling house or any buildings or grounds occupied thereto to the use of my sister, Mary, during her life, without impeachment of waste, with remainder to the use of my Trustees in fee simple, to be sold and converted into money, and invested as part of the trust fund hereinafter referred to.
    Provided that my Executors and Trustees shall upon the death of my sister Mary, give my nephews, Gilbert Browning and James Browning, and my cousin James Crawford, in the order named, the option and opportunity to purchase any of the said contents of the dwelling house known as "Richmond" at a figure to be set by my said Executors and trustees. In so disposing of such articles, my Executors and Trustees shall be completely absolved from any liability hereunder.
  5. I give devise and bequeath to my Executors, to be held in trust for my sister Mary Browning for life, all my shares and interest in shares in "G. Browning & Sons Ltd" of St. John's. On the death of my sister, my Executors and Trustees shall divide the said shares and interest in shares equally between my Nephews, Gilbert Browning and James Browning, at present of New York, to be held by them absolutely.
  6. I give, devise and bequeath the rest, residue and remainder of my estate of every kind (hereinafter called by "Residuary Estate"), after payment of all my just debts, death duties, funeral and testamentary expenses as referred to hereinbefore, unto my above named Trustees upon the trusts set forth hereinafter.
    (a) To hold and maintain in the form in which they stand at my death any investments belonging to my estate (notwithstanding anything in the investment provisions of the Trustee Act to the contrary).
    (b) To sell the same or any of them, and any other portions of my Residuary Estate and convert the same into money.
    (c) To invest any moneys liable to or requiring to be invested under this my will, and any moneys arising from the sale of my Residuary Estate, in any investments authorized by law, with power to my trustees to change such investments for others of a like nature.
    (d) I direct my said executors and trustees to set aside from my Residuary Estate a sum sufficient to pay to my sister-in-law Mrs. Ada Browning, at present of Los Angeles, California the sum of Fifty dollars ($50.00) monthly during her life, at the death of the said Ada Browning the said trust shall cease, and the sum so set aside revert to the residue to be disposed of as hereinafter provided.
    (e) To hold the balance of the said residue in trust for my sister Mary during her life, and upon her death the said residue or any amounts thereafter falling into residue under this my will to be divided in equal shares among my nephews, Gilbert Browning and James Browning, and my cousin James Crawford, and if any of the residuary legatees designated in this paragraph predecease me, to his children per stirpes.
  7. In the professed execution of the trusts hereof, no executor or trustee shall be liable for any loss to the trust premises by reason of any improper investment made in good faith, or by the negligence or fraud of any agent employed by him or by any other executor or trustee hereof, or by reason of any mistake or omission made in good faith by any executor or trustee hereof, or by reason of any other matter or thing except wilful and individual fraud or wrongdoing on the part of the executor or trustee who is sought to be made liable.
  8. Any executor or trustee in the conduct of the trust business may, instead of acting personally, employ and pay as agent, whether being a solicitor or any other person, to transact all business and do all acts required to be done in the trust, including the receipt and payment of money; And any executor or trustee being a solicitor or other person engaged in any profession or business shall be entitled to be paid all usual professional or proper charges for business transacted time expended and acts done by him or any partner of his in connection with the trusts hereof, including acts which an executor or trustee not being in any profession or business could have done personally.

IN WITNESS WHEREOF I have hereunto set my hand the 1st day of May A.D. 1929.
SIGNED by the above named Elizabeth Browning as her last will and testament in the joint presence of herself and us, who at her request and in such joint presence have hereunto subscribed our names as witnesses.
Claude A. Fraser. Student -at-law.
Raymond Gushue Barrister-at-law.

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

(Listed in the margin next to this will the following)
Fiat
Oct 17/29
J. M. Kent
Judge
Probate granted
The Royal Trust
Co on the 17th
day of October
A.D. 1929
Value of Estate
$200,716.44.

 

 

Page Contributed by Judy Benson, Sheila Tiberio & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Sunday August 25, 2019)

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