Hugh Gemmel
          1888

(Transcriber's note: this page and the next are badly disintegrated with sections missing altogether, along with the relevant data.)

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????? ???????? this to be the true Last Will and Testament ????? ?????????? late of Saint Johns in the Central ??????? ?????? land, Boiler maker and Engineer deceased

???bts and Legacies of the Deceased, so far as the Goods shall ex-
will exhibit a true, full and perfect Inventory of all and every , together with a just and true account into the Registry of the Su-
you shall be lawfully called thereto: and you shall further swear that t-
s, Assets, Credits and Effects of the said Hugh Gemmel
________ Deceased, and of which          died possessed, do
knowledge, judgment and belief, amount to the value of ___________
thousand five hundred _______Dollars

Henry Cooke
A.M. Mackay

Sworn before me at St. John's
this 11^th day of
July A.D. 1888 by the
said Henry Cooke
          Geo. I. Adams
          Commissioner of Affidavits, Supreme Court
S(missing section) before me at St. Johns
??? day of July A.D. 1888 by
the said A.M. MacKay
          Geo. I. Adams
          Comm???

???????????????????????????

???????????????????????????

???????????????????????????

Probate granted ?????????????

A.M. MacKay Aw?? of

the Executors named in the Will; the other
other Ex'r (Illegible) having
duly ??????ed
Estate sworn under $24,500.00

A
__________________________

Glasgow 11^th June 1888 This is the
Paper ??? marked A referred
to in the affidavit made by me
of this date before the Lord Peabody?
of the City of Glasgow-
George Gleleghorn?

I, Hugh Gemmel, of St. Johns Newfoundland, Boiler maker and Engineer at present temporarily residing at Two hundred and mady? on Dumbarton Road, Glasgow, Scotland being? ??? to provide for the management and disposal of my ???s and Estate after my death and having full trust and confidence in the persons afternamed for executing the Trust hereinafter reposed? in them. Do therefore Give Grant Assign and Dispo??? and devise, legate, bequeath and confirm? to and in favor of Sir Robert Thorburn Premier of St. Johns, Newfoundland, A. U. (possibly the letter 'N') MacKay a member of Her Majesty Assembly at St. Johns Newfoundland, and John Cook all? ??? ??? of the Commercial Bank, St. Johns Newfoundland, and the receptor? and Survivor and acceptor and survivor of them, and the ??? of the last survivor and to such other person or persons as shall be assumed into the Trust as Trust??? and Trustee for the purposes after specified, the major number of the said T????? original and assumed accepting and surviving and resident within Great Britain at the time, being always a quorum of? the said Trustees above named or to be assumed as aforesaid, and their foresaids being throughout these presents designated "my" Trustees ??? All and Sundry, the whole heritable and moveable and real and personal means and Estate now belonging and owing to me or that shall belong and be owing to me at the time of my death, including inter alia the Business Stock in trade, buildings, ground and whole other Estate and effects belonging to me at St. Johns at Newfoundland or elsewhere? abroad, with the whole writ? vouchers instructions of and concerning my said means and Estate, and all that has followed, or that may be competent to follow thereon: And I hereby Nominate and Appoint my Trustees and the acceptors and survivors and accepter? and survivor of them, the major number as aforesaid being always a quorum, to be my sole executors and executor, and also tutors and curators and Tutor and Curator to such of the beneficiaries under this settlement, or any Codicils thereto as may be in puparlarity? or minority at or after my decease. But these presents are granted me shall be accepted in trust always for the following purposes viz. First I hereby direct my Trustees to realize and convert into cash with all convenient speed my whole means and Estate, including the business Stock in trade, buildings ground and whole other estate and effects before referred to and in doing so they shall have the most absolute power and discretion as to the manner in which the time or times at which, the terms and conditions on which, and the party or parties to whom the same shall be sold and disposed of and with the view of enabling my Trustees to effect a favorable realisation thereof I hereby especially authorize and empower them to carry on my business for such period or periods as they shall think? proper and to suspend the division of my estate in whole or in part until the business has been sold or disposed of Second I direct my Trustees out of the first and readiest of my means and Estate to pay all just and lawful debts and sickbed and funeral charges and the expenses of this Trust. Third, In payment six months after my death and free of legacy duty prime? To each of my Trustees who shall accept office of the sum of Twenty five pounds Sterling for of some moments or remembrance of me and as a small acknowledgement for their kindness to me and for the trouble they have already had and will still have in managing and winding up my business. Secundo To John Macfarlane my foreman, Engineer of the sum of Fifty Pounds Sterling. To John Lyall my Stockeeper the sum of Twenty five pounds Sterling and to Thomas Murin?, my Foreman, Boiler Maker, the sum of Thirty pounds Sterling, all in recognition of their faithful services to me but payable only on condition of their being in my service at the time of my death. Fourth, I hereby direct my Trustees to divide the free residue and remainder of my means and Estate into two hundred and seventy five equal shares and to pay such? the same to the parties and in the proportions after mentioned? namely. To my sister Mrs. Margaret Gemmel ??? wife of John Boyes? Wood? Turner, Glasgow Fifty shares, To my sister Mrs. Helen Gemmel residing

Hugh Gemmel

Page Second

siding in Glasgow, Twenty shares; To my Nephew Hugh Gemmel residing in Glasgow, son of my brother John Gemmel fifty shares. To my Aunt Mrs. Mary McNull? or Gemmel, Widow residing in Lochmarnoch? Twenty shares. To my Nephew John Gemmel residing at Lochmarnoch Twenty shares To my ??? Mrs Eliza Gemmel or Kenny wife of          Kenny residing at Lochmarnoch Twenty shares. To my Brother-in-law James Turnbull residing? at Two hundred and ninety? six Dumbarton? Road Glasgow, Forty Shares, To my sister-in-law Mrs. Matilda Turnbull, ?? MacKinlay, wife of Robert MacKinlay Stationer? Glasgow, Ten? shares. To my sister-in-law Mrs. Elizabeth Turnbull or Lambie? wife of John Lambie? Salanderer? Glasgow, Ten shares. To my nephew Joseph MacKinlay Ten shares, To my sister-in-law Mrs. Jessie? Turnbull residing in Glasgow Ten shares, To my sister-in-law Mrs. Isabella Turnbull residing in Boston United States of America Ten shares and to my nephew Alexander MacKinlay residing at St. Johns Newfoundland five shares. Declaring that if any of the said residuary legatees shall pre decease me leaving lawful issue, such issue shall succeed to the share or shares to which their parent would have been entitled had he or she survived me; and that if any of said residuary legatees shall pre-decease me, without leaving lawful issue, the share or shares which would have devolved upon such predeceasing legatee had he or she survived shall be divided among the remaining and surviving legatees, or their issue per stirpes (Latin for "by branch") in proportion to their original interest or shares in the residue of my estate. And Declaring further that if any of said residuary Legatees shall be under twenty one years of age at the time the residue of my Estate is divided my Trustees shall retain in their own hands the share or shares of such minor residuary legatee until he or she shall attain majority when the same shall be payable to him or her, the annual income of said share or shares or part thereof and also of necessary part of the capital being until then applied in the discretion of the Trustees in the maintenance, up-bringing and education or otherwise for behoof of such minor residuary Legatees; And it is hereby provided and declared that the whole provisions hereby made in so far as they are in favor of ????? a?? ??? shall be payable upon their own respective receipts, and so far as in leferent? shall be strictly alimentary, (sic) and shall be exclusive always of the ??? marits ??? right of administration of any husbands they have married or may marry and shall not be affectable by the debts or deeds of such husbands nor be subject to the diligence of their own or their husband's creditors; And I hereby empower my Trustees to sell and dispose of all or any part or parts of the Trust funds and Estate to any person or persons they may think fit, including any of the beneficiaries in on the Trust hereby created? and to grant conveyances containing a clause binding said Trust Estate and the parties beneficially interested thereon in absolute warrandice? and all other usual and necessary clauses; Declaring that the persons which debtors, borrowers, purchasers, or lenders shall pay to my Trustees any sum or sums of money shall not be bound or have right to see to the application or reinvestment thereof, but the discharge of my Trustees shall be sufficient exoneration? with power also to appoint one or more of themselves or of others to be factors or law agents to the Trust, and to allow such factors suitable remuneration for their trouble and such Law Agents the usual professional fees. And I hereby declare that the said Trustees and Executors and Tutors and Curators shall not be liable for omissions, error or neglect of management or ????? in ?????? but each for his own actual intromission? only, and that they shall not be liable for any losses which my Estate may sustain by my Trustees carrying on or disposing of my business, nor for the sufficiency of the Banks in which the Trust funds may be deposited, but only that they are reported sufficient at the time, and that they shall not be responsible for any factors whom they may appoint, farther than that they are habit? and repute? responsible at the time of appointment, and they shall have all the power? and be entitled to all the privileges and exemptions conferred on or provided for grat??to?? Trustees by Act of Parliament or otherwise; And farther, I hereby declare that the said Trustees ??? Tutors and Curators shall not be bound to give up tutorial or Curatorial Inventories; And I hereby revoke all former Settlements and testamentary writings executed by me and reserve to myself not only my ??? ??ferent of the means and Estate above ???, but also full power to alter? ???? or revoke these presents in whole or in part ??? I shall see proper, but declaring always that the same in so far as not altered.

Hugh Gemmel

Page Third

altered or reverted by me shall be a valid and effectual deed though f???? lying on? my own repositories, as in the custody of any person to whom I may intrust the same undelivered? at the time of my death with the delivery whereof I have dispensed and hereby dispense for ever and I consent to registration hereof for preservation; In Witness Whereof these presents written on this and the two preceding pages by Alexander Men??ech apprentice in the employment of McClure Naismith Brodie and Company Proctors Glasgow and under the declaration before subscription that the word "said" is underlined below? on the fourteenth and fifteenth lines of page first hereof, subscribed by me in duplicate at Glasgow on the ninth day of March Eighteen hundred and eighty eight before these witnesses William Morison Writer in Glasgow and George Greenlull? Cleghorn Clerk to the said McClure Nasmith? Brodie and Company.

Signed and sealed by the above named and designed?
Hugh Gemmel the Testator as and for his Last will          Hugh Gemmel
and testament in the joint presence of us who in his
presence at his request and in the presence of each
other have hereunto subscribed our names as Witnesses

          Wm Morrison, Solicitor 77 St.
Vincent Street, Glasgow, Witness
          George G. Cleghorn of 77 St. Vincent
Street, Glasgow, Law Clerk, Witness

Trust Deposition &
Settlement
By Hugh Gemmel

1888

Probate granted to ???
Executors H ???? ????
(illegible note and signatures)

In the Supreme Court

In the matter of the Estate
and will of Hugh Gemmel
late of Saint Johns Boiler
maker and Engineer deceased

          We the undersigned Henry Cooke of Saint Johns Manager of the Commercial Bank of Newfoundland and Alexander M. MacKay of the same place Superintendent of Telegraph Company two of the Executors and Trustees named in the will or Trust Disposition of said Hugh Gemmel deceased (the other Executor and Trustee named in said will having renounced his claim to the office of executor) hereby declare that we have renounced and we do hereby renounce all claim to the legacy or compensation of twenty five pounds Sterling bequeathed under the said will to each of the said Executors and Trustees who should accept office.

Declared before me                              Henry Cooke
at Saint Johns this
8^th day of May                                      A.M. MacKay
A.D. 1888

Geo. I. Adams
Comm Affdts

Supreme Court

In the matter of the
estate and will of
Hugh Gemmel late
of Saint Johns Boiler
Maker and Engineer
deceased

Declaration of Henry
Cooke and Alexander
M. MacKay Executors
renouncing legacy or
compensation of £15
Sterling
Filed 8^th May 1888

In the Supreme Court

In the matter of the estate
and will of Hugh Gemmel
late of Saint Johns Boiler
maker and engineer deceased

Newfoundland          The Honorable Sir
St. Johns to wit         Robert Thorburn of
Saint Johns Merchant maketh oath and saith that he was appointed one of the Executors and Trustees under the will and Trust Disposition of said HughGemmel deceased.          That deponent has not intermeddled in any manner with the affairs of the estate of said deceased and is desirous of renouncing and does hereby renounce his said office of Executor and Trustee as aforesaid.          That deponent also renounces the legacy or compensation of twenty five pounds sterling bequeathed to him under the said will and Trust Disposition as one of the said Executors and Trustees

Sworn before me
at St. Johns this 8                                        Robert Thorburn
day of May A.D. 1888

Geo. I. Adams
Comm Affdts

Supreme Court
---------------

In the matter of
the estate and will
of Hugh Gemmel
late of Saint Johns
Boiler maker and
Engineer
---------------

Affidavit of Renounciation
of office of executor
and Trustee by Sir
Robert Thorburn

Filed 8^th of May 1888
---------------

Morison

To all to whom these presents shall come I, James King, Lord Provost of the city of Glasgow in that part of the United Kingdom of Great Britain and Ireland called Scotland, do hereby certify and attest that on the day of the date hereof personally came and appeared before me George Greenhill Cleghorn the person named in and subscriber of the declaration hereunto annexed being a person well known of good credit and to be given and to whose testimony faith is justly due and ought to be given and who being examined before me did solemnly declare to be true the several matters, facts and things mentioned and contained in his said Declaration.

In faith and testimony
whereof I have hereunto
set my hand and caused
the Corporal Seal of said
City to be hereunto put and
affixed at and within the City
of Glasgow aforesaid this
Eleventh day of June
Eighteen hundred and
eighty-eight years -

James King
???? ??? of Glasgow

(Seal of City of Glasgow inserted)

In the Supreme Court
of Newfoundland

In the matter of the Estate
and Will of Hugh Gemmel
formerly of Saint Johns
Newfoundland and late
of Glasgow in Scotland

Scotland            }
Glasgow to wit } George Greenhill Cleghorn of Glasgow aforesaid Clerk to McClure of Glasgow aforesaid Clerk to McClute Naismith
Brodie and Company Writers? Glasgow maketh oath and saith that on the ninth day of March last he this deponent was present at Glasgow aforesaid and did see Hugh Gemmel of Saint John's Newfoundland Boiler Maker and Engineer there temporarily residing at Two hundred and ninety six Dumbarton Road - Glasgow the Testator in the paper writing hereto annexed Marked A sign publish and declare the said annexed paper writing as and for his last Will and Testament in the presence of this deponent and of William Morison of Seventy seven Vincent? Street Glasgow Solicitor the other subscribing witness thereto. That deponent and said William Morison then and there signed their names to such Will as such witnesses in the presence of the Testator and of each other all present at the same time and that at the time of the

execution of the said Will the said Testator was of sound and disposing mind memory and understanding to the best of deponent's knowledge and belief

Sworn at Glasgow ------
aforesaid this Eleventh day of                    George Cleghorn
June Anno Domini one
thousand eight hundred
and eighty eight
Before me

          James King
          ??? Provost of Glasgow

          To the Honourable the Supreme court or to one of the Honourable the Judges thereof.

          The Petition of Henry Cooke of Saint Johns Manager of the Commercial Bank of Newfoundland

Humbly Sheweth

          That Hugh Gemmel late of St. John's aforesaid Boiler Maker and Engineer died at Glasgow in Scotland in the month of March last having previously made and executed his last Will and Testament which is hereto annexed.

          That in and by his said Will the said Hugh Gemmel nominated the Honourable Sir Robert Thorburn of Saint John's Merchant Alexander M. McKay of the same place Superintendant of Telegraph Company and your Petitioner Executors thereof. That the said Honourable Sir Robert Thorburn has renounced all claim or right to the said office of Executor

          That said deceased was, at the time of his death, possessed of property within the jurisdiction of this Honourable Court of the probable value of Twenty four thousand dollars

          That no Probate of any will nor administration of the estate of said

deceased has been granted to any person

          Petitioner therefore prays that Probate of the said Will may be granted to the said Alexander M. McKay and your petitioner.

           And as in duty bound he will ever pray &c.

           Dated at St. John's this twentieth day of June 1888.

Henry Cooke

Newfoundland
St. Johns to wit
Henry Cooke of Saint John's Manager of the Commercial Bank of Newfoundland, the Petitioner named in the foregoing Petition maketh oath and saith that the several matters and things therein contained are correct and true.

Henry Cooke

Sworn before me
at Saint John's this
23^rd day of June
A.D. 1888

          Geo. I. Adams
          Comm Affdts

Supreme Court

In the matter of the
Estate and will of
Hugh Gemmel late of
Saint John's Boiler maker
and Engineer deceased

Petition for Probate