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A Collection of Newfoundland Wills
(C)
Robert Clapp

 

Will of Robert Clapp, from Newfoundland will books volume 15 pages 244 to 246 probate year 1930

IN RE.          DECEASED

          ROBERT CLAPP

THIS IS THE LAST WILL AND TESTAMENT of me Robert Clapp of Downside Whitchurch in the county of Devon Physician and Surgeon.

  1. I hereby revoke all former wills and codicils and declare this to be my last will.
  2. I appoint my brother William Mainwaring Clapp my sister Mary Bulley Clapp and my nephews Ray Mainwaring Clapp and Cyril Weston Clapp (sons of my said brother William Mainwaring Clapp to be the Executrix and Trustees of this my will and declare that the expression my Trustees in this my will shall (where the context permits) include the trustees or trustee for the time being hereof whether original or substituted and I appoint my trustees to be trustees hereof for all the purposes of the Settled Land Act 1925.
  3. I give and bequeath all my household furniture pictures and prints to my sister Mary Bulley Clapp during her life and on her decease I give and bequeath the same to my brother William Mainwaring Clapp absolutely.
  4. I give and bequeath all my money stocks shares pecuniary investments and securities for money of whatsoever description and wheresoever invested (except such moneys as shall be in my Current and Deposit Accounts a Lloyds Bank Limited Tavistock) subject to the payment thereout of my just debts funeral and testamentary expenses as to both capital and income to my said Brother William Mainwaring Clapp absolutely.
  5. I give and bequeath to my said sister Mary Bulley Clapp all my moneys on current and deposit Accounts at Lloyds Bank Limited Tavistock at my decease.
  6. I give to my said brother William Mainwaring Clapp all my silver plate and books but my sister Mary Bulley Clapp is to be permitted to have the use thereof or of such part thereof as she may desire during her life.
  7. I give to my said sister Mary Bulley Clapp an annuity for her life of One hundred and fifty pounds sterling such annuity to be paid free of all deductions whatsoever by equal half yearly payments the first whereof shall be made at the end of six calendar months after my death and I give to my sister Margaret Clapp an annuity for her life of One hundred and fifty pounds sterling such annuity to be paid free of all deductions whatsoever by equal half yearly payments the first whereof shall be made at the end of six calendar months after my death and I hereby charge all my share estate and interest in the freehold property in water Street and Duckworth Street at Saint John's in the island of Newfoundland bequeathed to me by my late Father with the payment of the said two annuities in exoneration of the rest of my estate and should my sister Margaret Clapp not require the whole or any part of the said annuity for her use and benefit such whole or part shall fall into and remain part of the said freehold property and pass under clause eight of this my will.
  8. I give devise and bequeath all my said share estate and interest in the aforesaid freehold property in Water Street and Duckworth Street at Saint John's in the island of Newfoundland subject to the before mentioned annuities to my said Brother William Mainwaring Clapp his heirs Executors administrators and assigns in fee simple.
  9. I devise and bequeath all my messauge dwelling house garden and premises known as "downside" in the Parish of Whitchurch in the County of Devon to my Trustees Upon trust for my two sisters Mary Bulley Clapp and Margaret Clapp during their lives and on the decease of either of my said sisters Upon trust for the remaining surviving sister during her life but on the decease of both my sisters then I give devise and bequeath the same to my said brother William Mainwaring Clapp his heirs executors administrators and assigns in fee simple absolutely and I declare that my said Executors Executrix and Trustees shall have power at any time or times (during the life of my sister Mary Bulley Clapp subject to her consent and after her decease in their sole discretion) to sell at such price and upon such terms as they may think fit my said dwelling house garden and premises known as "Downside" and I direct that my said Executors Executrix and Trustees shall invest the net proceeds of any such sale in any investment authorised by law (or in the purchase of another house) and shall hold such investments in trust for the benefit of my said two sisters during their lives and on the decease of either of my said two sisters upon trust for the remaining surviving sister during her life but on the decease of my said two sisters then I devise and bequeath the said investments as to both capital and income to my said brother William Mainwaring Clapp his heirs executors administrators and assigns absolutely and it is my wish in the event of my said two sisters not requiring the whole or any part of the interest or income derived from the said investments for their or her use and benefit my Brother William Mainwaring Clapp his heirs and assigns shall have such part or whole of the interest or income derived from the said investments for his or their use and benefit having first obtained the consent of my sister the said Mar Bulley Clapp.
  10. All the rest residue and remainder of my real and personal estate not thereinbefore disposed of (if any) I give devise and bequeath unto my said brother William Mainwaring Clapp his heirs executors administrators and assigns absolutely.

IN WITNESS whereof I have hereunto set my hand this eight day of March one thousand nine hundred and twenty six

------ R. CLAPP ------

SIGNED by the before named Robert Clapp as his last will in the joint presence of himself and us who at his request and in such joint presence have hereunto subscribed our names as witnesses - - W.J. MARTYN WIVELL Solicitor Tavistock - A.M. LORT Halsham Esctory Hr Full Spinster.

THIS IS A CODICIL to my will dated March the Eighth one thousand nine hundred and twenty six made by me Robert Clapp in my own handwriting of Downside Whitchurch in the county of Devon Physician and Surgeon. I leave to my Cook-housekeeper Mary Walters for her honesty and truthfulness and care of the House One hundred pounds if she is in my service at my decease and also if she remains in the service of my sister Mary Bulley Clapp who resides with me Should I predecease her and I direct my Trustees in case she survives me to place the said sum of One hundred pounds on deposit in a Bank and to pay the same to the said Mary Walters with the interest accrued thereon on the decease of my said sister Mary Bulley Clapp deducting such expenses that may be incurred whilst on deposit.
IN WITNESS whereof I the said Robert Clapp have this the Thirteenth day of August One thousand nine hundred and twenty eight set my name and signature in the presence of the two witnesses who have written their names occupations and addresses as witnesses to my signature this thirteenth day of August one thousand nine hundred and twenty eight. ----- R. CLAPP -----
SIGNED by the testator in the presence of us both present at the same time who in his presence and in the presence of each other at his request have hereunto set our names as witnesses all three being present at the same time;
1st Witness          W.M. MAINWARING Barrister St Barbe Cheltenham
2nd Witness         I.H. MAINWARING St Barbe Cheltenham.

Correct.

William F Lloyd

Registrar of the Supreme Court of Newfoundland

 

Written in the top right-hand margin on page 244:
Fiat
W. H. Horwood
C.J.
Aug 25/30
Resealed on
25th day of
August 1930
Estate values at
$29,522.62

 

 

Page Contributed by Judy Benson, Sheila Tiberio & Transcribed by Lenora Cooper

Page Revised by Ivy F. Benoit (Sunday January 21, 2018)

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