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A Collection of Newfoundland Wills
(C)
Sir James Cochrane

 

Will of Sir James Cochrane
from Newfoundland will books volume 8 pages 181 to 192 probate year 1905

In re
      Sir James Cochrane          deceased.

      This is the last will and Testament of me Sir James Cochrane late Chief Justice of Gibraltar but now retired from such office on a pension and now residing at Gibraltar aforesaid Knight I give and bequeath all my wines liquors and household stores and provisions of a consumable nature unto my daughters Jane Cochrane and Anne Theresa Elizabeth Cochrane in equal shares in case they shall be both spinster at the time of my decease and in case either of them shall predecease me or shall be married or have been married at the time of my decease then I give the same to the survivor or that one of them who shall at my decease be a spinster I declare that my said daughters will each of them be entitled at the time of my death to the sum of seven hundred and twenty pounds sterling being one ninth part of the estate of my late brother General Cochrane of which I am the sole Trustee and Executor I direct my Executors hereinafter named to pay at my death to each of my said daughters the said sum of seven hundred and twenty pounds sterling
I give and bequeath to my son Thomas Cochrane my gold watch made by Deni and I desire that the silver watch which my said son has be given to his eldest boy Thomas Henry and the watch which his eldest boy has and which was given to me by my eldest brother in the year one thousand eight hundred and two be given to his second son James

I give and bequeath all my furniture plate plated articles glass linen china books pictures prints musical instruments and other articles of domestic use or ornament horses carriages stable and other utensils jewels trinkets and articles of personal use or ornament not specifically bequeathed to John Standish Haly of Pump Court Temple in the county of Middlesex Barrister at law and Horace William Smith of No. 40. Craven Street Strand in the same county Solicitor (hereinafter called my said Trustees or Trustee) upon trust to permit my two daughters Jane and Anne Theresa Elizabeth if they or she desire it to have the use and enjoyment of any portion of my said plate or of any of the pictures prints drawings and photographs and the two testimonials during their joint lives and such time as they shall both continue unmarried and from and after the death or marriage of either of them Upon trust to permit the survivor or the daughter being or remaining unmarried to have the like use and enjoyment thereof for and during her life and spinsterhood and from and after such time as the use and enjoyment thereof by my said daughters or daughter shall cease to permit the family pictures the silver which has been for more than a century in my own immediate family and consisting of the different articles mentioned in the margin between my two signatures the gold watch made by Ellicott with the family arms on the outer case and my gold seals the Candelabrum given to me by the Inhabitants of Gibraltar and the inkstand given to my brother by the members of the Chester Circuit to go devolve and remain as heirlooms in my said son Thomas Cochrane’s family Provided always and I hereby declare that so much of the said trust premises as are not to go devolve and remain as heirlooms as aforesaid shall at the request of my daughters or daughter for the time being entitled to the use and enjoyment thereof during their or her lives or life or spinsterhood and from and after the marriage or decease of the daughter last entitled to such use and enjoyment be subject to the like powers of sale and conversion as are hereinafter declared and contained concerning my residuary trust estate and upon any such sale the net proceeds thereof shall be invested in some or one of the investments hereinafter authorized for the investment of my residuary trust estate and be held by my Trustees or Trustee upon and for the like purposes which under and subject to the like trusts powers and conditions as are hereinafter expressed with respect to such residuary trust estate

And as to all the rest residue and remainder of my estate whatsoever and wheresoever situate and whether real or personal (except estate vested in me as a Trustee or mortgagee) I give devise and bequeath the same respectively unto the said John Standish Haly and Horace William Smith their heirs executors administrators and assigns according to the nature and quality thereof upon trust that the said John Standish Haly and Horace William Smith or the 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 (all of whom are hereinafter referred to as “my said Trustees or Trustee) shall in such manner and at such times or time as they shall in their or his discretion think fit sell dispose of collect get in and convert into money any freehold copyhold customary hold and leasehold estate and so much of my residuary personal estate as shall not consist of money or of any of the investments hereby authorized together or in parcels by Public auction or private contract with power as to the said freehold copyhold customary and leasehold estates to make any special conditions as to title or evidence of title or otherwise and with power to buy in the premises or any part thereof at any public sale or to rescind either on terms or gratuitously any contract and to resell without being answerable for any consequent loss and to convey and assign the premises respectively so sold to the purchaser or purchasers thereof and I direct that my said Trustees or Trustee shall with and out of such part or my personal estate as shall consist of money or securities for money pay my funeral and testamentary expenses and debts, the said sum of seven hundred and twenty pounds sterling unto each of my said daughters the legacies hereinafter given to my Executors and the expenses incident to the execution of the preceding trusts if the same shall be sufficient for the purpose and if not out of the money produced by such sale as aforesaid and shall invest the residue of the said monies in their or his names or name in some or one of the modes of investment hereinafter authorized with power for my said Trustees or Trustee at their or his discretion from time to time to vary the said investments into or for others of the same or a like nature and I direct that my said Trustees or Trustee shall stand possessed of the said residuary trust monies and premises and the investments representing the same (including any stock funds shares or securities of any other description hereinafter authorized as investments which I may be possessed of at the time of my decease) and the dividends income and annual produce thereof (hereinafter called and referred to as the said trust estate) Upon the trusts following that is to say upon trust to pay the sum of four hundred pounds sterling annually and in every year to my said two daughters or such one of them as shall for the time being be a spinster and unmarried and if more than one in equal shares such yearly sum of four hundred pounds sterling to be paid to my said daughters or daughter by equal quarterly portions on the first day of January on the first day of April on the first day of July and on the first day of October in every year the first payment thereof to be made in such of the quarterly days of payment as shall next happen after my decease and also a proportional sum for the fractional period if any of the quarter which shall or may be pending or current at the time of the marriage or decease of my said daughters or daughter And I declare that subject to the payment of the said annual sum of four hundred pounds sterling to my said daughters or daughter for so long as the same shall continue payable the said Trustees or Trustee shall stand possessed of the said trust estate and the dividends income and annual produce thereof upon trust from and after my decease to apply the dividends income and annual produce of the said trust estate over and above the said annual sum of four hundred pounds sterling to be paid to my daughters or daughter for and towards the education advancement and settlement in life of the children of my son Thomas Cochrane and in the event of his death for and towards the maintenance of the said children at such times in such manner and in such proportions with reference to each individual as may seem to my said Trustees or Trustee most expedient for their general interest and from and after the marriage or decease of my said two daughters to apply the whole of the said trust estate and the dividends income and annual produce thereof for and towards the education advancement and settlement in life of the said children of my said son Thomas Cochrane and in the event of his death for and towards the maintenance of the said children at such times in such manner and in such proportions with reference to each individual as may seem to my said Trustees or Trustee most expedient for their general interests due regard being had to the legacy to which Emma one of the said children is entitled under her godfathers will and to any property to which any of the other children may be or become entitled And I also declare that my Trustees or Trustee may postpone the sale and conversion of my freehold copyhold customaryhold leasehold and personal estate or any part thereof for so long as they or he shall think fit without any limit and I also declare that it shall be lawful for the said Trustees or Trustee to contract with any person or persons for a lease or leases of any part or parts of my said trust estate hereinbefore devised and bequeathed and also to make and executer or concur or join in executing any lease or leases thereof either for the erection of any building or buildings or for any other purpose whatsoever for such terms or term of years under such rents and with such covenants clauses stipulations and agreements as my said Trustees or Trustee shall think reasonable and proper and I authorize my said Trustees or Trustee to accept the surrender of any lease granted in my lifetime and after my decease of the said trust premises respectively on such terms as my said Trustees or Trustee shall think proper

And I also declare that from the time of my decease the unsold real estate and outstanding personal estate shall be subject to the trusts herein declared concerning my said residuary trust funds and that the rents interest and yearly produce thereof shall be deemed annual income for the purpose of such trusts and such real estate shall be transmissible as personal estate and be considered as converted in Equity

And I also declare that all moneys to be invested under this my will may be invested in or upon any stocks funds or securities for guaranteed by the Government of the United Kingdom or of India or of any other British possession (including the stocks or securities of any railway or other company in India or elsewhere having a fixed rate of interest thereon guaranteed as aforesaid or in stock of the Bank of England or the bonds or debentures or debenture stock or preference stock or preference shares of any railway or other company in Great Britain incorporated by act of Parliament or Royal Charter and paying a dividend on its ordinary stock or shares or upon real or leasehold securities in England or Wales or in Nova Scotia or other Colony in British North America but not elsewhere such leasehold securities being held for a term whereof sixty years at least shall be unexpired at the time of such investment And in lending money upon any mortgage security my Trustees or Trustee may accept whatever title or evidence of title shall appear to them or him sufficient and in particular may in the case of leasehold securities waive the production of the Lessors title without being answerable for any loss arising thereby and my said Trustees or Trustee may at any time release any part of the property comprised in any mortgage security upon being satisfied that the remaining property comprised therein is a sufficient security for the money owing thereon I declare the receipts of my said trustees or trustee for any money stocks funds shares or securities paid or transferred to them in that capacity shall exonerate the person or persons paying the same from all liability in respect of the application thereof

And I also declare that if the Trustees hereby appointed or either of them shall die in my life-time or if they or either of them or any future Trustees or Trustee of this my will shall die or go to reside abroad or shall desire to retire from or refuse or becomes incapable to act in the trusts of this my will before the same shall be fully performed then and in every such case it shall be lawful for the continuing Trustees or Trustee for the time being of this my will or if there shall be no continuing Trustee then for the retiring 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 Trustees or Trustee so dying or going to reside abroad or desiring to retire or refusing or becoming incapable to act as aforesaid with liberty upon any such appointment to increase or diminish the number of Trustees but so that the number of Trustees be not reduced below two and upon every such appointment the trust premises shall be so transferred as to become vested in the new Trustee or Trustees jointly with the continuing Trustees or Trustee as the case may require And every such new Trustee (as will 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 devise all estates vested in me as Trustee or mortgagee unto the said John Standish Haly and Horace William Smith their heirs executors and administrators subject to the trusts and equities affecting the same respectively but so that the money secured by any mortgage shall form part of my personal estate

I appoint the said John Standish Haly and Horace William Smith to be Executors of this my will and I give to each of them if he shall prove this my will the legacy or sum of nineteen pounds nineteen shillings sterling and I specially empower my said executors and the survivor of them to make such arrangement as they or he may in their or his direction think fit with reference to any debt or sums of money which at the time of my decease may be due and owing to me from my son Thomas Cochrane or from his estate in case he shall then be dead with full power to adjust all accounts with him or his representative and to give time for payment

And I declare and direct that the said Horace William Smith notwithstanding his acceptance of the office of Executor and Trustee of this my will and his acting in the execution thereof be entitled to make the same professional charges and to receive the same pecuniary emoluments and remuneration for all business done by him and all attendances time and trouble given or bestowed by him in or about the executor ship of this my will or the execution of the trusts and powers thereof or the management and administration of my trust estate real or personal as if he not being himself Trustee or Executor of my said will were employed by his co-Trustee or other the Trustees or Executors thereof as Solicitor to such Trustee and Executor and shall be entitled to receive out of the trust estate the full amount of such charges any Rule of Equity to the contrary notwithstanding and I hereby lastly revoke all former and other wills codicils and testamentary dispositions by me at any time heretofore made and declare this only to be my last will and Testament     In witness whereof I the said Sir James Cochrane Knight have to this my last will contained in this and four preceding sheets of paper set my hand and seal this second day of July one thousand eight hundred and eighty one James Cochrane (LS) Signed sealed and acknowledged by the said Sir James Cochrane Knight as his will at the foot hereof and at the foot of the four preceding sheets in the presence of us present at the same time and who in his presence and in the presence of each other have thereunto subscribed our names as witnesses    H.F. Recano of Gibraltar Barrister at Law    George A Prescott of Gibraltar Solicitors Clerk

I Sir James Cochrane late Chief Justice of Gibraltar declare this to be a codicil to my last will and Testament dated the second day of July one thousand eight hundred and eighty one whereas by my said will I named and appointed Horace William Smith of No 40 Craven Street Strand in the county of Middlesex Solicitor a Trustee and Executor of my said will together with John Standish Haly of Pump Court Temple in the same county Esquire Barrister at Law. And whereas I am desirous of revoking the appointment in my said will contained of the said Horace William Smith as such Trustee and Executor and also the bequest to him of the sum of nineteen pounds nineteen shillings sterling and to name and appoint in his place and stead Arthur Richards of 39 Old Broad Street London Esquire Solicitor Now therefore I do hereby revoke the appointment in my said will contained of the said Horace William Smith as one of the Trustees and executors thereof and also the bequest to him the said Horace William Smith of the sum of nineteen pounds nineteen shillings sterling and in his place and stead do hereby name and appoint the said Arthur Richards of 39 Old Broad Street London to be a Trustee and Executor together with the said John Standish Haly the other Trustee and Executor or separately as the case may be hereby devising and bequeathing all and every the trust premises in my said will mentioned to the said Arthur Richards his heirs executors administrators and assigns jointly with the said John Standish Haly or separately as the case may be and giving him the said Arthur Richards the same powers authorities and discretions which the said Horace William Smith had and as if he the said Arthur Richards had been thereby originally appointed a Trustee and Executor in and by my said will and I further declare that my said will shall accordingly be read and construed as if the name of Arthur Richards had been inserted therein throughout instead of the name of the said Horace William Smith I bequeath unto the said Arthur Richards if he shall prove my said will the sum of nineteen pounds nineteen shillings sterling and in all other respects I confirm my said will

In witness whereof I the said Sir James Cochrane have to this codicil to my said will set my hand this twenty ninth day of May one thousand eight hundred and eighty two    James Cochrane (LS) Signed and acknowledged by the said Sir James Cochrane as a codicil to his will dated the second day of July one thousand eight hundred and eighty-one in the presence of us present at the same time and who in his presence and in the presence of each other have hereunto subscribed our names as witnesses    H.F. Recano of Gibraltar Barrister at Law     George    A    Prescott    Clerk to Mr. H. F. Recano.

Certified correct,
D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Re sealed
March 16. 05

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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