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A Collection of Newfoundland Wills
E
Mary Ann Ellis

 

Will of Mary Ann Ellis
from the Newfoundland will books volume 10 pages 78 to 87 probate year 1913

In re Mary Ann Ellis      deceased.

This is the last will and Testament of me Mary Ann Ellis of Exmouth in the County of Devon Spinster

  1. I hereby revoke all former wills and Testamentary dispositions by me at anytime heretofore made
  2. I appoint James Thomas Foster of Exmouth aforesaid Secretary of the Exmouth Gas Company Henry Octavius Bickley of Habine Lea Lyme Regis and Edward Petherick of Exeter Solicitor hereinafter referred to as my Trustees to be the Trustees and Executors of this my will
  3. I give and bequeath to each of my Trustees the sum of seven hundred pounds for his trouble and to defray all travelling and other personal expenses incurred by him respectively in the course of his executorship
  4. I give devise and bequeath all my share estate and interest in an Estate known as Ellis Estate situate in st. John's Newfoundland as to one equal fourth part thereof unto my cousin Annie Lee of Newhall Barton, Broadelyst, Devon daughter of my first cousin Elizabeth Montimore late of Broadelyst aforesaid deceased absolutely as to one other equal fourth part thereof unto my cousin Mary Ann Roberts daughter of the said Elizabeth Mortimore deceased absolutely as to one other equal fourth part thereof unto my cousin Elizabeth Clemo daughter of the said Elizabeth Mortimore absolutely free from control of the respective present or future husbands of the said beneficiaries and I declare that if any of the aforesaid devisers shall die in my lifetime without leaving issue who shall be living at my decease the share of such one or more of them as shall die without leaving issue as aforesaid shall go to the survivor if one only or be equally divided amongst the survivors of such devisees hereinbefore mentioned but in the case of any of them dying in my lifetime leaving issue any of whom shall be living at my decease then such issue shall take (and equally among them if more than one) the share which their respective mothers would have taken if living at my decease and as to the remaining one equal fourth part I give devise and bequeath the same unto Jane Dodd the daughter of my cousin Harriett Whecker deceased for her life and after her death unto and equally between her daughters living at her death absolutely
  5. I give and devise my freehold dwelling house and premises situate and being number 2 Clarence Road Exmouth unto my niece Mrs. Caroline Fisher
  6. I give and bequeath unto my Trustees the sum of Three hundred pounds Upon trust to invest the same in some security for the time being authorized for the investment of Trust Funds and to pay the income thereof unto my Cousin Caroline Moore of Woodbury Spinster and upon her decease to transfer the security for the time being representing such sum of Three hundred pounds to William Lindsey of Woodbury Devon Gardener for his own absolute use and benefit.
  7. I give and bequeath unto my Trustees a further sum of Three hundred pounds upon trust to invest the same upon some security for the time being authorized as aforesaid and to pay the income arising from such investment to my cousin Mary Lindsey of Woodbury aforesaid widow and upon her decease to transfer the security for the time being representing such sum of Three hundred pounds to the said William Lindsey for his own absolute use and benefit
  8. I give and bequeath the whole of the residue of my estate both real and personal unto my trustees in trust to realise the same and thereout to pay my just debts funeral and testamentary expenses and to pay the following legacies viz
  9. no number 9
  10. I give and bequeath to each of the persons hereinafter named the sum of money immediately following his or her name as follows
    1. To Maude Selly if she shall be living with me at the time of my decease as a recognition of her faithful service to my late sister and myself one thousand pounds
    2. To my cousin James Bryan Ellis of Clapton Five hundred pounds
    3. To Maria Spires of Lyndhurst Road Exmouth spinster Four hundred pounds
    4. To George and Thomas Mortimore sons of the said Elizabeth Mortimore each Three thousand pounds
    5. To Richard Whecker son of the said Harriett Whecker deceased Three thousand pounds
    6. To my cousin the Reverend Archer Collins of Newfoundland Two hundred pounds
    7. To my cousin Mary Ashton Collins of Montreal Canada mother of the said Archer Collins Three hundred pounds
    8. To my cousin Jane Bickley the wife of the said Henry Octavius Bickley Five hundred pounds
    9. To Sarah Jane Phillips of Woodbury spinster One hundred pounds
    10. To the said Mary Ann Roberts Two thousand pounds
    11. To the said Elizabeth Clemo Two thousand pounds
    12. To the said Jane Dodd one thousand pounds
    13. To the said Caroline Fisher one thousand pounds
    14. To the said Annie Lee Two thousand pounds
    15. To each of the three children of the said Mary Ann Roberts One hundred pounds.
    16. To each of the three daughters of the said Jane Dodd Three hundred pounds
    17. To Lily Collins daughter of the said Mary Ashton Collings Two hundred pounds
    18. To each of the two sons of the late Jose Crabb of Hulham near Exmouth One hundred and fifty pounds
    19. To Mrs. Emily Bevis the wife of George Bevis of Montpelier Road Exmouth Builder Two hundred pounds
    20. To Mary Ann Foster the wife of the said James Thomas Fowler Two hundred pounds
    21. To Emma Ebbels formerly of Exmouth but now of Buda Perth spinster one hundred pounds
    22. To the said William Lindsey Two hundred pounds
    23. To Bessie Glanville of Woodbury spinster Registrar of Births and Deaths Two hundred pounds
    24. To my cousin Miss Sterling of Newfoundland School Mistress Two hundred pounds
    25. To my cousin Henry Ellis of Newfoundland Five hundred pounds
    26. To my old friend Mrs. Jane Glenfield of Exeter Two hundred pounds
    27. To my cousin Charles Archer Ellis of Newfoundland Five hundred pounds
    28. To the Reverend William Houghton Minister of Christ church, Exmouth Two hundred pounds
    29. To Henrietta Hooper of Lawn Road Exmouth spinster Two hundred pounds
    30. To Abraham Hamill of Mallocks Farm Woodbury Farmer one hundred pounds
    31. To James Sloman Foster Alice Mary Sloman Foster and Laura Elizabeth Sloman Foster the son and Daughters of the said James Thomas Foster each the sum of Two hundred pounds
    32. To Mrs. Carter the wife of John Carter, of Exmouth aforesaid builder one hundred pounds
    33. To David Hutcheson of Exmouth aforesaid bads(?) Proprietor Two hundred pounds
    34. To each of the five children of the said Caroline Fisher Two hundred pounds
    35. To each of the three children of the said Annie Lee one hundred pounds
    36. To my cousin Mrs. Charlotte Langford of Exeter Three hundred pounds
    37. To Mrs. Mary Gibbons of Plymouth one hundred pounds
    38. To Mrs. Maria Hull of 132 Bethune Road Stanford Hill London One hundred pounds
    39. To William Skinner of Mount Denham Exeter and old servant of my sister Mrs. Elizabeth Sloman deceased One hundred pounds
    40. To Mrs. Flo Frampton of Kingstergutons one hundred pounds
    41. To Mrs. Margaret Goddard of Plymouth one hundred pounds
    42. To Mrs. Ellen Wheaton of Exmouth widow one hundred pounds
    43. To each of the three daughters of Alfred Phillips of Kingsteynton(?) one hundred pounds
    44. To Mrs. Charlotte Payne of Hartley Road Exmouth widow one hundred pounds
    45. To my old friend Herbert Cranston Adams of Exmouth Solicitor One hundred pounds and I hereby declare that all the above mentioned legacies shall be paid free of legacy duty which I direct my Trustees to pay out of my residuary estate
  11. I give and bequeath to the various Charitable Institutions Associations and Societies hereinafter named the sums of money hereinafter specified and I direct and declare that the receipts of the respective treasurers for the time being of the same Institution Association and Societies shall in each case be a sufficient discharge for the sum hereby bequeathed to each of such Institutions Associations and Societies viz.
    1. To the Royal Albert Institution for Seamen One hundred and fifty pounds
    2. To the Exmouth Dispensary Five hundred pounds
    3. To the Exmouth Branch of the Young Mens Christian Association Three hundred pounds
    4. To the Exmouth Branch of the Young Womens Christian Association Three hundred pounds
    5. To the Exmouth Sailors Rest Three hundred pounds
    6. To the Exmouth Children Seaside Home Three hundred pounds
    7. To the Exmouth St. Lukes Convalescent home Five hundred pounds
    8. To the Exmouth District Nurses Association Five hundred pounds
    9. To the Exmouth Blanket Society one hundred pounds
    10. To Littleham - burn(?) Exmouth coal Charity Two hundred pounds
    11. To Withycombe Raleigh Coal Charity Two hundred pounds
    12. To the Exmouth Branch of the Girls Friendly Society one hundred pounds
    13. To the national Lifeboat Institution Three hundred pounds
    14. To the Exeter Blind Institution one hundred pounds
    15. To the Devon and Exeter Hospital Two hundred pounds
    16. To Dr. Barnard's Home Two hundred pounds
    17. To such Charitable Institutions in Newfoundland as shall be selected in their absolute discretion by my Trustees Five hundred pounds
    18. To the Home for Cripples St. Giles in the Field London one hundred pounds
    19. To the Church of England Orphanage London one hundred and fifty pounds
    20. To the Church of England waifs and strays one hundred pounds
    21. To the Rescue Home at Exeter for friendless Girls one hundred pounds
    22. To the Discharged Prisoners Aid Society One hundred pounds
    23. To the Brompton Hospital for Consumption one hundred and fifty pounds
    24. To the Budleigh Salterton Cottage Hospital Three hundred pounds
    25. To the Exeter Eye Infirmary one hundred and fifty pounds
    26. To the Exeter Dispensary one hundred pounds
    27. To the Blind Society for granting annuities to adults one hundred pounds
    28. To the Cancer Society for Prevention and Relief one hundred and fifty pounds
    29. To the Royal Society for Prevention of Cruelty to children one hundred pounds
    30. To the Exeter Deaf and Dumb Institution one hundred pounds
    31. To the Shipwrecked Fishermen and Mariners Royal Benevolent Society one hundred and fifty pounds
    32. To the Religious Tract Society one hundred pounds
    33. To the British and Foreign Bible Society Three hundred pounds
    34. To Miss Weatons Sailors Home Devonport Two hundred pounds
    35. To the vicar and churchwardens for the time being of the said parish of Withycombe Raleigh and the said James Thomas Foster and James Sloman Foster the sum of Three hundred pounds upon trust to invest the same in their joint names and to distribute the income thereof yearly on the 27th day of February amongst the poor of the said parish.
  12. And as to the ultimate residue of such trust funds after payment of all such debts expenses and legacies I direct my Trustees to divide the same in such proportions as they may think proper amongst any such charitable Institutions as my Trustees in their absolute discretion shall select and I declare that the receipts of the respective Treasurers shall be sufficient for any sums of money paid to them under the provisions of this my will In case of any Trustee of this my will being a Solicitor or engaged in any other profession or business I expressly authorise and empower him to make all usual professional charges for work done by him or any partner of his in relation to the trusts of this my will or any codicil thereto in the same manner in all respects as if he were not a Trustee hereof

In witness whereof I have to this and the four preceding sheets of paper set my hand this ninth day of January 1913. - M. A. Ellis -
Signed by the above named Mary Ann Ellis as her last will and Testament in the joint presence of herself and of us who at her request and in such joint presence have hereunto subscribed our names as witnesses - George Percy Walker Exmouth Solicitors Clerk     Alan Saint George Adams

2. The Beacon Exmouth.
This is a Codicil to the last will and Testament of me Mary Ann Ellis of Number 2 Clarence Road Exmouth in the County of Devon Spinster which will bears date the ninth day of January one thousand nine hundred and thirteen
Whereas by my said will my plate jewels trinkets linen china glass books pictures prints furniture wearing apparel and all other household effects in and about Number 2 Clarence Road Exmouth aforesaid are not specifically bequeathed but are included in and form part of my Residuary Estate now I hereby give and bequeath the said plate jewels trinkets linen china glass books picturers prints furniture wearing apparel and all other household effects in and about Number 2 Clarence Road Exmouth aforesaid unto my niece Mrs. Caroline Fisher mentioned in my said will for her own use and benefit absolutely In all other respects I confirm my said will
In witness whereof I have hereunto set my hand this eighteenth day of January one thousand nine hundred and thirteen. - M. A. Ellis -
Signed by the said Mary Ann Ellis as and for a codicil to the said will in the presence of us both present together at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses - George E. Sleigh Law Clerk Exmouth -     Nancy Bennett 4 Clarence Rd. Exmouth Spinster -

This is a Second Codicil to the last will and Testament of me Mary Ann Ellis of Number 2 Clarence Road Exmouth in the County of Devon spinster which will bears date the ninth day of January one thousand nine hundred and thirteen my first codicil bearing date the eighteenth day of January one thousand nine hundred and thirteen
Whereas by my first codicil to my said will I have given and bequeathed the plate jewels trinkets linen china glass books picturers prints furniture wearing apparel and all other household effects in and about Number 2 Clarence Road Exmouth aforesaid unto my niece Mrs. Caroline Fisher mentioned in my will for her own use and benefit absolutely Now I hereby revoke the said gift so far as relates to the articles and things hereinafter mentioned which I hereby dispose of as follows:

  • I give to Charles Archer Ellis of 37 Patrick Street Saint John's Newfoundland portrait of Archer Ellis hanging in my dining room
  • I give to Mrs. Garnsworthy of Topsham niece of the late Mr. John Copplestone The picture of a ship hanging in my dining room and I also give to her a gold brooch with a portrait of her uncle John Copplestone set in same
  • I give to James Copplestone a nephew of the late John Copplestone the portrait of Mr. Copplestone hanging in my drawing room.
  • I give to Sarah Jane Phillips my picture of Lord Portsmouth and also a pair of green lustres in my drawing room
  • I give to Mrs. Bickley the photos of Mr. & Mrs. Austin and framed views of Newfoundland
  • I give to James Thomas Foster my silver Tea service and also two plates hanging on the wall in the diningroom and also a plated water jug
  • I give to James Sloman Foster the photo of my sister the late Mrs. James Sloman Foster
  • I give to my cousin Mrs. Lea the gold watch and chain formerly belonging to my sister Elizabeth Sloman with the initials "E. C." engraved thereon and also a brooch with a lock of my mother's hair set in gold
  • I give to my cousin Mrs. Roberts my small gold watch and chain and also my gold locket with my brother's photograph set therein
  • I give to Mrs. Marian Hull a set of onyx earrings.
  • I give to Miss Jane Phillips the gold Cameo brooch and bracelet formerly belonging to my sister Mrs. Carter
  • I give to Mrs. Ellen Wheaton my onyx brooch
  • I give to Miss Harriet Hooper two rings to be selected by her.
  • In all other respects I confirm my said will and codicil

In witness whereof I have hereunto set my hand this twentieth day of January one thousand nine hundred and thirteen. - M. A. Ellis -
Signed by the said Mary Ann Ellis as and to be a second codicil to her last will and first codicil in the presence of us who at her request in her presence and in the presence of each other all being present at the same time have hereunto subscribed our names as witnesses R. Stanley Thomas M. D. Exmouth     Charles W. Nicholls Law clerk Exmouth.

Certified Correct.
D. M. Browning
Registrar

(Listed in the Margin next to this will the following)
Fiat
July 15/13
Emerson J.
Re-sealed
July 18/13

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.

This page contributed by Judy Benson and Ivy F. Benoit

REVISED BY: Ivy F. Benoit July 11, 2002

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