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A Collection of Newfoundland Wills
(B)
John Browning

 

 

Will of John Browning
from the Newfoundland will books volume 12 pages 133 & 134 probate year 1921

In re JOHN BROWNING.      DECEASED.

This is the last Will and Testament of me, John Browning of St. John's in the Dominion of Newfoundland, Manufacturer.

  • 1st. I revoke all former wills and testamentary dispositions by me at any time made.
  • 2nd. I appoint the Eastern Trust Company and my friend, Herbert E. Knight of St. John's, Solicitor, executors and trustees of this my will.
  • 3rd. I direct that my executors and trustees shall pay out of my estate all my just debts and funeral and testamentary expenses, and all duties and taxes payable by my estate and that my said executors and trustees shall receive as remuneration for their services as such executors and trustees such sums as shall be awarded them by the court.
  • 4th. I will devise and bequeath to my wife Adeline M. Browning such a sum of money, or its equivalent in securities, as shall be equal in value to the property owned by my sister Elizabeth Browning or by my sister Mary Browning at the time of my death, whichever of the said properties of my sister Elizabeth Browning or of my sister Mary Browning shall be the greater, And for the purposes of ascertaining the value of the properties of my said sisters Elizabeth browning and Mary Browning I direct that my executors and trustees shall as soon as conveniently may be after my death cause a valuation of the said properties of my said sisters to be made as at the date of my death. After payment to my said wife Adeline m. Browning of such sum of money, or its equivalent in securities as aforesaid, as shall be equal in value to the property owned by my sister Elizabeth Browning or by my sister Mary Browning at the time of my death, whichever shall be the greater, as aforesaid, I will devise and bequeath all the rest residue and remainder of all the property of which I shall be possessed or to which I shall be entitled at the time of my death in equal shares to my wife Adeline M. Browning, my sister Elizabeth Browning and my sister Mary Browning.
  • 5th. It is my will and desire that my executors and trustees shall have absolute power in the exercise of their discretion to continue or to wind up my manufacturing and mercantile business or to convert the same or any part thereof into a Company with limited liability. It is also my will and desire that my executors and trustees shall have power in the exercise of their discretion to postpone the distribution of my estate amongst my said residuary legatees until the expiry of a period of two years after the cessation of the present war. It is also my will and desire that my executors and trustees shall have power in the exercise of their discretion to sell any portions of my estate at any time and from time to time and to convert the same into money, and it is also my will and desire that my executors and trustees shall have power in the exercise of their discretion to continue to hold such shares and stocks as I now or at the time of my death hold upon margin until such time as in their opinion the said shares and stocks ought in the interests of my estate to be sold, and that then they shall have power to sell the same. It is also my will and desire that my executors and trustees shall have power at all times to make investments and to change the same and to reinvest without being responsible for any losses occasioned by such making or changing or investments or by such reinvestment. And generally my executors and trustees shall not in the exercise of any of the powers conferred upon them in this my will be responsible for any losses occasioned by their exercise of the said powers or any of them but only in the event of their acting in bad faith. And I direct that in making or changing investments or in reinvesting my executors and trustees shall not be compelled to invest only in the securities authorized by the Trustees Act, but that they may invest and reinvest in such standard securities either within or without the Dominion of Newfoundland as in the exercise of their discretion they shall approve and my said executors and trustees shall not be liable for any losses occasioned by such investment or reinvestment in securities other than those authorized by the Trustees Act except in the event of their acting in bad faith.

St. John's. July 11th, 1918. JOHN BROWNING.
Signed Published and Declared by the said Testator as and for his last Will and Testament in our presence who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses. Maud Short.    Reginald C. Knight.

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

(Listed in the Margin next to this will the following)
Fiat Nov 29/21
Horwood CJ
Probate granted
to Herbert E. Knight
and The
Eastern Trust
Company
Dec 1 /21
$372,345.10

 

 

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 11, 2002

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