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Will of Mary Browning from Newfoundland will books volume 14 pages 563-566
probate year 1929
In re DECEASED.
MARY BROWNING.
THIS IS THE LAST WILL AND TESTAMENT of me, Mary 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 receipts of the person 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 Broadstone,
Beith, in Ayrshore, 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 my cousin Rev Robert Browning, at present of Anniesland, 3 Drummond
Gardens, Glasgow, Scotland the sum of one thousand dollars ($1,000).
( c) To Mrs Jessie R. Johnstone, at present of 11 Dane Park road, Margate,
England, the sum of one thousand dollars ($1,000).
(d) To Miss Kate Barnett at present of 2 Balmoral Crescent, Cross Hill, Glasgow,
the sum of one thousand dollars ($1,000).
(e) 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.
(f) 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
(e) 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 Queens 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
Queens College of one or more students to be known as "Browning" students for
the work of the Church in Newfoundland.
(b) To the Trustee 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 Trustee 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, the
sum of Five hundred dollars ($500.00) to be applied as they shall deem fit
to the purposes of that institution.
(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 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).
(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 ($500.00).
The receipt of the Treasurer or other proper officer of a Charitable, Religious
or Educational institution or organization to which a 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 now reside, 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 under ornament, and other articles and effects of every kind
which at my death shall be and or about the said dwelling house or any buildings
or grounds connected thereto to the use of my sister, Elizabeth, 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 Elizabeth 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 absolutely
absolved from any liability hereunder.
5. I give devise and bequeath to my executors to be held in trust for my sister
Elizabeth for life, all my shares and interest in shares in "G.
Browning and Son Ltd", of St. John's. on the death of my sister my said 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 my "Residuary Estate), after payment of my
just debts, death duties and 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 say 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 Residual
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 for others of a like nature.
(d) I direct my said executers and trustees to set aside from my Residuary
Estate a sum sufficient to pay to my sister-in-law Mrs Adda Browning,
at present of Los Angeles, California, the sum of fifty dollars ($50.00) a
month during her life. At the death of the said Adda 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 Elizabeth during her life, and upon her death the said residue or any amounts thereupon
falling into the 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 legatees designated in this paragraph predeceases 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
investments 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 of 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 an 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.
9. I hereby revoke all testamentary instruments heretofore made by me.
IN WITNESS WHEREOF I have hereunto set my hand this 1st day of May
A.D. 1929.
MARY
BROWNING.
Signed by the above named Mary Browning as and for 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
Sept 2/29
J. M. Kent
Judge
Probate granted
the Royal Trust
Co on the 5th
day of September
A. D. 1929.
Value of Estate
$199,692.62
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