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Will of Harry Judson Crowe from Newfoundland will books volume 14 pages 293-306 probate year 1928 In re DECEASED. THIS IS THE LAST WILL AND TESTAMENT of me HARRY JUDSON CROWE, of the city of Toronto, in the County of York and Province of Ontario, Timber operator (at the date hereof residing at Number Forty-Three (43) Maple Avenue in the said City of Toronto) made this twenty sixth day of June, in the year of Our Lord one thousand nine hundred and twenty two. I HEREBY REVOKE All wills and testamentary dispositions by me at any time heretofore made, and declare this only to be my last will and testament. SUBJECT as hereinafter contained, and also as hereinafter provided I hereby appoint THE TORONTO GENERAL TRUSTS CORPORATION, with head office in the City of Toronto, THE EASTERN TRUST COMPANY, with head office at Halifax, Nova Scotia, my wife, Helen Rose Crowe, and Dr H. J. Cody, of the City of Toronto or the survivor or the survivors of them, to be the Executors and Trustees of this my will, hereinafter referred to as my Executors and Trustees, but nevertheless after the death of my said wife, HELEN ROSE CROWE, it is my desire that my son, RANDOLPH, and his heirs, on attaining their majority, shall be appointed in the place of his Mother as one of the Executors and Trustees of this my will in case before such period my estate and the trusts thereof have not been fully administered, but subject however as hereinafter contained. As I Desire to relieve my said wife of as much as possible of the work and responsibility in connection with the administration of my Estate and of the trusts thereof, I direct that my said Corporation Executors and Trustees, namely, THE TORONTO GENERAL TRUSTS CORPORATION and THE EASTERN TRUST COMPANY shall take upon themselves the actual burden and responsibility in the care, handling, managing and administering of my estate and of the trusts thereof, but in all matters in connection with the administration of my Estate and the Trusts thereof my said wife must while living be consulted by my Trustees, and even in the case of my wife's death and before my said son, Randolph, shall attain his majority, it is my wish that he should also be called in by my Trustees in an advisory capacity as I desire that he shall have a knowledge of and be interested in my estate and participate in the administration thereof. I direct my Executors and Trustees to pay from and out of my residuary estate as soon after my decease as may be convenient, all my just debts, funeral and testamentary expenses, as well as succession duty, if any, which may be assessable or chargeable against any gift, devise bequest or legacy herein provided for, including among my debts, mortgage encumbrances, if any, which at the time of my death may exist or be in force against my dwelling house, if any, which I shall have purchased or built and be the owner of at the time of my decease, as it is my intention that such mortgage or charge against said dwelling house and premises shall be paid from and out of my residuary estate. I HEREBY DECLARE that if at the time of my death my Brother, EDGAR P. CROWE of Stewiacke, Nova Scotia, or his estate shall be indebted to me, that all such indebtedness (except an indebtedness of Ten thousand dollars and as security for which I hold an insurance policy for ten thousand dollars on my brothers life, which was assigned to me) shall be forgiven him, and my executors are hereby directed to execute all necessary releases and discharges to my said brother or his estate in connection therewith, and to assign to him or to his estate in case of his prior death, all evidence of such indebtedness and all securities which I may hold for the payment of same. With respect however to the indebtedness of my said brother to me for Ten Thousand dollars and in connection with which I hold the said Life Insurance Policy as security, I direct my Trustees to assign, transfer and make over all such indebtedness, together with the said Policy of Insurance so held as security therefor, to HELEN CROWE, the wife of my said Brother, EDGAR P. CROWE, if she shall survive me. In the event however of the said Helen Crowe not surviving me then it is my wish that the said indebtedness of Ten thousand dollars shall be forgiven, and for such purposes I direct my Executors to execute all necessary releases and discharges to my said Brother or to his estate in connection therewith, and to assign to him or his estate the said Policy of Insurance freed and discharged from all claims of my estate thereto. I GIVE DEVISE AND BEQUEATH all my estate, real and personal, of every nature and kind and wheresoever situated, unto my said Executors and Trustees, or to the survivor or the survivors of such Executors and Trustees including therein such estate of mine in any locality or localities outside the Province of Ontario, and in particular in the Dominion of Newfoundland and all my or my estate such Executors and Trustees or the survivor or survivors of them are to hold upon the following trusts of and concerning the same, that is to say:- WITH respect to all my household goods, chattels, furniture or other effects of domestic or household use or ornament belonging to me at the time of my death, I direct my Executors and Trustees to transfer and make over the same to my wife HELEN ROSE CROWE, in case she survive me. With respect to any dwelling house and premises in the province of Ontario which I may be the owner of at the time of my decease, I direct my Executors and Trustees to grant, convey and transfer same to my said wife, in case she survives me, for her sole use and benefit, free and clear of any mortgage or charge which may be existing thereon at the time of my death, as it is my intention that such mortgage or charge, if any, shall be liquidated and paid from and out of my residuary estate, so that my said wife shall be the owner of the said dwelling house and premises free from all such encumbrances. In the Event, however, of my said wife predeceasing me, the said household goods, chattels, furniture and other effects as aforesaid and the said dwelling house, if any, I direct my Executors and Trustees to transfer and make over the same to my son Randolph. To give to my son, Randolph, at the time of my death my watch and chain, my ring and tie pin, and also my gold coin collection, same to be for his use and benefit, the receipt of my said son therefor to be a sufficient discharge to my said Trustees notwithstanding the minority of my said son. Subject as hereinafter provided to sell, call in and convert into money such portion of my estate as shall not consist of ready money, at such time or times, in such manner, and for such price or prices and upon such terms and condition as my said executors and trustees or the survivor or the survivors of them shall in their absolute discretion deem to be in the best interest of my estate, with power, however, to my said Executors or Trustees or the survivor or survivors of them to postpone the conversion of my estate or of any portion thereof for such length of times or times as they or the survivor or survivors of them shall in their discretion deem advisable, without incurring liability by so doing, and with full power to my said Executors and Trustees or the survivor or survivors of them to retain investments made by me in my lifetime as and for investments of my estate and of the trusts thereof hereinafter declared, for such length of time as my said Executors and Trustees or such survivor or survivors in their discretion may consider to be in the best interest of my estate without incurring liability for so doing, and pending the conversion of such investments the net annual income derived therefrom shall be held and treated by my said executors and Trustees or such survivor or survivors in the same manner as net annual income of my estate is hereinafter directed to be held or treated. As a first charge upon my estate to pay to my said wife immediately after my death, the sum of Five Thousand dollars ($5,000.00) same to be used by her for her support, comfort, maintenance and the upkeep of the said dwelling house and premises so owned by me at the time of my death, until sufficient of my estate shall have been collected in to enable my executors to meet the provisions hereinafter made for her benefit. And whereas it is my intention that my said wife in case she survives me shall be possessed of an annual income for her sole use and benefit during her lifetime of nor less than ten thousand dollars I direct my executors and trustees for this purpose to set aside sufficient capital moneys of my estate to produce on investment thereof at the rate of five per cent per annum the said fixed amount or net yearly income, less the income derived by my wife, at the rate of five per cent, from investment of proceeds of policies of insurance effected by me on my life and which may be payable to her at the time of my death and to pay such fixed yearly amount to my said wife during the time of her natural life for her sole use and purposes, the same to be a second charge against my estate. From and after the death of my said wife the capital moneys of estate so set aside for the purpose aforesaid shall thereupon fall into my residuary estate and be held and administered by my executors and trustees, as such residuary estate is hereinafter directed to be held and administered. As a third charge upon my estate to set aside the sum of One hundred thousand dollars ($100.000.00) and to pay same to my said son Randolph in the following respective proportion and on the following respective times, namely:- housand five hundred dollars ($37.500.00) a further portion thereof, when he shall arrive at the age of twenty five years, and the balance thereof when he shall arrive at the age of Thirty years, Pending the arrival of my said son at the age of twenty one years, the net annual income derived from the investment of the said sum of One Hundred thousand dollars shall be used by my said executors and trustees or the survivor or survivors of them to carry on any school or any welfare work or other interest in which I am identified at the time of my death, in the following order namely (1) at Westchester, Nova Scotia, and if there is any of the said income remaining then (2) in the Dominion of Newfoundland, and if there is still any of the said income remaining then (3) in Jamaica British West Indies. On my said son attaining the age of Twenty one years the net annual income of the said sum of one hundred thousand dollars (or of so much thereof as shall from time to time remain in my Trustees possession) shall be paid direct to my said son for his sole use and benefit and it is my wish that my said son Randolph should carry on the above welfare work mentioned in the preceding paragraph hereto if he finds that there is further need to continue the work I have started in the above places in the order named and finding that he has sufficient funds to spare for the same. In the event of my said son dying before he shall have received payment of all the said sum of One Hundred Thousand Dollars leaving issue child or children) surviving and a wife, or leaving either a wife or issue as aforesaid, then such portion of the said sum of One Hundred Thousand Dollars which shall not have been paid to my said son with accumulations of income thereon, if any, shall be applied by my Trustees in the following manner, namely:- If wife and issue (child or children) of my said son shall be left surviving him, same shall be divided in equal shares between said wife and children per capita; if only issue (child or children) left surviving, such issue shall share therein equally; if wife only left surviving and no issue (child or children) as aforesaid, one half thereof shall be paid to the said wife for her sole use and benefit and the remaining one half shall fall into my residuary estate and be administered by my Trustees as such residuary estate is hereinafter directed to be administered.. As a fourth charge against my estate I direct my trustees to pay to my brother,
Edgar P. Crowe and his wife, Helen, or the survivor of them, the sum of Five
Thousand Dollars, and to the children of my said brother, Edgar P.
Crowe, and
his wife, Helen, the sum following; to my Nephew, VICTOR
CROWE, the sum of
three thousand dollars, to my nephew DYSON CROWE, the sum of three thousand
dollars, to my nephew CYRIL CROWE, the sum of three thousand dollars, to my
nephew, Judson, the sum of three thousand dollars, and to my nephew, John,
the sum of three thousand dollars As a fifth charge upon my estate to pay the following respective legacies to the following respective persons without interest thereon, in case he or she survives me, as soon after the conversion of my estate as may be convenient namely:- To my brother, Fred M. Crowe, of Winnipeg, the sum of Five Thousand Dollars
($5,000.00) To set aside and keep invested the sum of one thousand dollars ($1.000.00) for each of the children of the said Bessie Doyle until they shall arrive at the age of fifteen years when one-half or Five hundred dollars ($500.00) with all interest which has accumulated shall be paid to each of them, and the balance to be kept under investment producing interest to be paid, with all interest which has accumulated, to each of them when they shall attain the age of twenty one years. But in the event of any child as aforesaid dying before arriving at the age of fifteen, then his or her share with the accumulations of interest thereon shall be held by my said Trustees for the benefit of the other or others of the said children who may so arrive at the age of fifteen years, and if more than one they shall take in equal shares. All the legacies hereinbefore mentioned which are to be a fourth or a fifth charge upon my estate are subject to any advances which I have made during my lifetime to the same legatees and which I have charged to their account in my books in which cases the amounts of such advances are to be deducted from the amount of the legacy payable to such legatee, but any advances made to such legatees which I have charged to my welfare account in my books are not to be deducted from the amount of the legacy payable to such legatee. As a sixth charge upon my estate to pay to the Municipal Corporation of the
Town of Bridgetown, Nova Scotia, the sum of Four thousand dollars ($4,000.00)
without interest thereon, to be used by the said Corporation for the following
purposes:- namely: With respect to all the rest, residue and remainder of my estate I direct
my Trustees to divide same into three equal shares and such respective shares
to hold for the following respective objects and purposes:- In the event of the death of my said son before he has received the full amount of his share of my estate, leaving issue (child or children) him surviving, and a wife, or leaving a wife or issue as aforesaid, him surviving, then the said one third share or so much thereof as shall not have been previously paid to him, shall be applied by my Trustees in the following manner namely:- If Wife and issue (child or children) of my said son shall be left surviving
him, same shall be divided in equal shares between said wife and children per
capita; In the event however of the death of my said son before he has received the
full amount of his share of my estate without leaving a wife or issue (child
or children) surviving him, then the said share or such portion thereof as
shall then remain in my Trustees possession shall be held by my Trustees in
equal portions upon the respective trusts, terms and conditions upon which
the remaining and respective shares of my residuary estate are hereinafter
directed to be respectively held. Surplus capital or income of said one-third share unused and in my Trustees possession after the expiration of the said ten years shall continue to be used by my Trustees from year to year thereafter for similar objects and purposes in connection with the said Scholarships until all of same shall have been exhausted. As a result of information which I have gained of the work being accomplished
by the consecrated Officers and Soldiers of the Salvation Army in all parts
of the world and in particular in Canada and Newfoundland I believe God is
using this Agency more than any other in uplifting our more unfortunate Brothers.
Having regard to the increasing importance of the Salvation Army's Work in
India among the great masses of the natives of that country, I desire to make
provision from and out of my Estate for special preparation and training of
Salvation Army men and women for service in India. I therefore direct my Trustees
to hold the said remaining one-third share of my residuary estate in the following
manner and for the following objects and purposes, namely:- The Candidates to be selected in each year of the said ten years shall be taken from the officers and Soldiers of the Salvation Army in the Province of the Dominion of Canada and in Newfoundland preference being given to Candidates already in one or other of the Training Garrisons and so far as the same may be found practicable having due regard always to the qualification and fitness of such Candidates for the special work in India and Ceylon in equal numbers of men and women. Such selections of Candidates is to be made by the Commissioner for the time being as aforesaid of the Salvation Army in Canada. The said instalments of capital and interest so paid in each year shall be expended in the expenses attendant upon the said special preparation and training of the said Salvation Army men and women so selected for service in India or Ceylon; such preparation and training is to be under the direction and control of the International Headquarters of the Salvation Army in London, England, and is to be carried on at the Central Training College of the said Army in the city of London, or at the discretion of the General for the time being in Training Institutions for advanced training in India or Ceylon. The number of Candidates to be selected and trained in each year shall be decided upon by the said Canadian Commissioner of the said army for the time being in consultation with the International Headquarters taking into consideration the amount of the yearly instalment of capital and interest paid my Trustees for such purposes in each and every year during the said period of ten years. The work and training of such Candidates for the purpose aforesaid will be under the control of the said International Headquarters and shall be for work similar to the work at the date of this my will carried on in India by the Salvation Army, but in addition thereto special attention must be given to the training of Candidates so selected to enable them to create a patriotic spirit among the Natives for British Institutions and Imperial Unity and to put forth every effort to enlighten the masses of India along this line. If any surplus of either capital or income of the said remaining one-third of my residuary estate shall remain in the possession of my Trustees at the expiration of the said ten years period and not used for the purpose aforesaid the disbursement of the said surplus shall be continued by my Trustees from year to year thereafter until the same shall have been thoroughly exhausted and to be applied and used for similar objects and purposes in connection with the preparation and training of Candidates for the said special work in India. Provided always that should there be in any one year any surplus over and above the amount paid by the said trustees to the Salvation Army after the training of the Candidates selected for that year then the said surplus may be employed towards defraying the cost of travelling of the said Candidates either from the said Dominion of Canada or from London to India or Ceylon. Subject to the power to retain investments made by me in my lifetime, I direct my Trustees to invest moneys of my estate which may require to be invested in such securities as Trustees are by the laws of the Province of Ontario permitted to invest trusts funds. Except as hereinbefore provided, in case a beneficiary of my estate shall become entitled to a vested share in the capital thereof such share shall be paid to such beneficiary when he or she attains the age of twenty-one years, but in the meantime my Corporation Trustees shall expend the net annual income derived from such beneficiary's share in and towards his or her care, support, maintenance, education and benefit in life, with power, however, in the meantime to my Trustees in their absolute discretion to encroach from time to time upon the capital of such beneficiary's share and to apply same in and towards such beneficiary's care, support, maintenance, education, advancement, and benefit in life, if my Trustees deem it advisable so to do. I appoint my wife, Helen Rose Crowe, during her life, and after her death
the said Dr. H. J. Cody, and after his death Dr. D.
Bruce Macdonald of the
city of Toronto, to be the guardian of my infant son Randolph. IN WITNESS WHEREOF I have hereunto set my hand the day and year first above
written. CORRECT (Listed in the margin next to this will the following)
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Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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