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Will of Dame Annie Louisa Fairie
ON THIS DAY, the thirtieth day of August in the year of our Lord one thousand nine hundred and eighteen. ------------
BEFORE ROBERT H. BARRON and PHILIPPE ANGERS.
the undersigned Notaries Public for the Province of Quebec resding and practising in the City of Montreal. ------------
PERSONALLY APPEARED DAME ANNIE LOUISA JORDAN
of the City of Montreal, widow of the late James Fairie, deceased in
his lifetime of the same place, Merchant. ---------
Firstly:- I direct that all my just and lawful debts, funeral and testamentary expenses be paid by my Executors and Trustees hereinafter named as soon as possible after my death without loss to my Estate. -------------------------
Secondly:- I direct that all succession or legacy duty on my Estate or any part of it shall be paid out of the capital of the residue of my Estate and not charged to any particular legatees. ----------
Thirdly:- I give and bequeath the following particular legacies free
of legacy duty, namely, --------------
1:- Amethyst Brooch, surrounded with fine pearls and gold neck lace in purple (Cornelius) velvet case. It belonged to my sister, Florrie. ----------
2: - Fine gold brooch set with amethysts, with two pendants on it in Cornelius case - It was one of my wedding presents. ----
3:- One pair of large and one pair of small ear-rings to match this brooch. ------------
4:- One oval, black, onyx brooch surrounded with pearls - in Birks case. ---------
5:- One six-sided amethyst brooch or pendant. (surrounded) surrounded with pearls, and gold necklace. In blue velvet case. (Glasgow) --------
6:- Cameo Brooch brought me from Italy by my brother. In fancy brocade case. --------
7:- Gold and black enamel brooch with photo of my husband in the back --------------
8:- Flexible gold brooch and ear-rings with gold fringe on them, given me by my husband. In leather case. ---------
9:- Gold crescent brooch set with pearls. In blue velvet Williamson case. -----------
10:- Brooch of fine pearls set in gold - in green velvet case - given me by my sister, Florrie. ---
11:- Brooch and pair of ear-rings in silver set with topaz - shape of Deer’s Head and horns. Given me by my husband. ------------
12:- Three very old brooches, which belonged to my mother (and I think to her mother) They are all set in gold - one large, and one small (with little blue flower) of white agate, and one of reddish brown cornelius. ------
13:- Small gold and topaz brooch which belonged to my sister Carrie, (Mrs. Lawson) ------
14:- Gold and green enamel bracelet in case, with inscription inside - wedding present to me from Mrs. Fairie, Senr. Glasgow.
15:- Gold bracelet, set with topaz - gold bracelet set with amethyst, single strand gold bracelet. These three bracelets were made by Birks from my gold chain, there is a short piece of chain in envelope which is included in this bequest. --------
16:- Gold bracelet set with emeralds - in leather case. -----
17:- Valuable very heavy gold and enamel bracelet and brooch and ear-rings to match. These belonged to my sister, Mrs. Lewson.
18:- Gold bracelet with three small diamonds in Mappin & Webb case.
19:- One beautiful long chain of cut jet beads and fine cut jet cross. ------------
20:- My dear mother’s very heavy long gold chain. ----------
21:- Watch chain made of hair of Mrs. Fairie, Senr., Glasgow with a bunch of my own trinkets on it. (not hers). -------------
22:- Auntie Mac’s long gold chain and eye glass. ------------
23:- Long gold chain (cable pattern) with plated lorgnettes engraved “A”
24:- My first long gold chain. -------------
25:- My gold watch, engraved inside “To my beloved wife, Christmas 1873" In case marked “A.L.F.”
26:- My dear mother’s Watch - In case. ----------
27:- Dear Florrie’s Watch, engraved “F.A.A.” In red plush case, (Williamson) -----------
28:- My own gold Watch in red plush case with long cable gold chain. (Williamson case) -----
29:- My gold bracelet watch, given me by Arthur and Georgie - In grey leather Mappin & Webb case. ----------
30:- Gold vinaigrette, belonged to my mother, given her by my husband. -----
31:- Gold thimble set with turquoise engraved “Carrie” It was a gift to my sister, Mrs. Lawson, from Chief Justice Sir William Young. ---------
32:- 1 pair new gold sleeve links in blue silk case. --------
33:- One new gold scarf pin, ticket is on it. ---------------
34:- One gold cross --------
35:- One bon-bon box enamelled misletoe on top ---------
36:- One aquamarine necklace, one amethyst necklace. -----------
37:- Two silver snuff boxes which were gifts to my husband and which he gave to me. ------
38:- One pair round gold ear-rings with pearl in centre. -------
39:- One pair round gold ear-rings with drop - two pair small gold ear-rings. --------
40:- Gold and black enamel “In memoriam” locked of J. Fairie - with hair and painted likeness inside. --------
41:- Gold locket with blue enamel cross on it. There is a photo of Uncle George Knox and Aunt Carrie inside. ------------
42:- Gold locket about same size as above one glass out. --------
43:- Two gold necklaces for above. ---------
44:- Large gold locket - I mean to put some of my hair and a photo of myself in this locket. If I have done so, before my death, it is to be given to my son J. Arthur Fairie and not to Eloise. ------------
1:- My engagement ring, solitaire diamond. -----------
And should all my grand-daughters die before attaining the age of twenty-one years these articles of jewellery are to become the property of my son James (Arthur) Arthur Fairie upon the death of the last surviving grand-daughter unless I have otherwise disposed of any of the said articles. ---
I also bequeath any real lace which may be found amongst my belongings
to my said grand-daughter in the same manner and subject to the same
condition as above set forth regarding my jewellery; but no one is to
interfere with my son as to what lace is to be preserved for Eloise;
he is to have sole authority in this regard. -------
I direct that my Executors and Trustees may take such reasonable time after my death for the payment of the foregoing particular legacies as they may deem desirable so as to avoid loss to my Estate and I further direct that they may make partial payments on account of these legacies or any of them from time to time.
Fourthly:- I further direct that my Executors and Trustees so long as they have charge of my Estate and my legatees or legatee who will receive the revenues of my Estate and finally the Montreal Young Women’s Christian Association which will ultimately receive the capital of the residue of my Estate are to be bound to take charge of our lot in the Mount Royal Cemetery and keep the monument, steps and coping in good order and also to have the lettering regilded when necessary, probably about once in six years - it was done in 1917. The care of the grass has been permanently paid for. I make this a condition of acceptance of the bequests to these legatees.
Fifthly:- I appoint my son the said JAMES (ARTHUR) ARTHUR FAIRIE and THE ROYAL TRUST COMPANY, a body corporate whose principal place of business is in the said City of Montreal, my Executors and Trustees. I give, devise and bequeath the rest, residue and remainder of all my property movable and immovable, moneys, stocks, fund securities for money and other generally whatsoever of which I may be possessed and to which I may be entitled at the time of my death to whatever the same may amount and wherever the same may be situate (and hereinafter referred to as the Trust Property) unto my said Executors and Trustees In Trust to be by them held, used administered, dealt with and disposed of for the uses, intents and purposes and upon the Trusts following, that is to say: ---------
(a) To pay the net annual revenues of the Trust property to my son, the said James Arthur Fairie during his lifetime. --
(b) From the date of the death of my son the said James Arthur Fairie to pay to my said grand-daughter Georgina Eloise Fairie provided she is then of the age of majority and provided also that she has no brothers or sisters (being my grand-children) the said net annual revenues of the Trust Property during the remainder of her lifetime. If my said grand-daughter is not of the age of twenty-one years then during her minority my Executors and Trustees are to pay five hundred dollars a year towards her support maintenance and education and the balance of the revenues during this period is to be allowed to accumulate and with any interest accrued thereon in the meantime is to be made over to her when she attains the age of twenty-one years; and should she die before attaining the said age leaving lawful issue surviving her the said accumulated revenues with any such interest thereon are to go to such issue equally at her death; otherwise they are to be added to the capital of the residue of my Estate. The revenues on the whole capital are to be paid to my said grand-daughter as aforesaid reck- (oned) oned from the date of her attaining the age of twenty-one years.
If my said grand-daughter has brothers or sisters (being my grand-children) surviving my son they are to share equally with her in the said net annual revenues of the Trust Property during their respective lifetimes and in such case as in the case of Eloise my Executors and Trustees are to pay for each grandchild who may still be under twenty-one years of age the sum of five hundred dollars a year out of his or her share of the said revenues (provided such share of said revenues amounts to five hundred dollars a year other wise they are only to pay the actual amount per year of such share of revenues) towards his or her support, maintenance and education and the balance if any of the said revenues of each such minor with any interest thereon is to be allowed to accumulate during his or her minority and be disposed of upon his or her attaining twenty-one years or at his or her death should it occur before that time in the manner similar to that hereinbefore provided in the case of my said grand-daughter Eloise. As each grandchild attains the age of twenty-one years he or she is to receive the whole of his or her share of the said revenues. ----------
( c) after the deaths of my grandchildren respectively leaving children surviving them, or at my son’s death should any grandchild have predeceased my my son and leave a child or children surviving him, to pay the portion of said net revenues which such grandchild had been receiving or would have been entitled to under any of the provisions of this my will to the children of such grandchild and to the survivors or survivor of such children equally until the death of the last surviving child. And should any of my said grandchildren die without leaving a child or children surviving him or her to pay thereafter the portion of the said net revenues which such grandchild had been receiving under any of the (provisions) provisions of this my will to my other grandchildren and great grandchildren who may then be participating in said net revenues in equal proportions by roots during the remainder of their respective lifetimes. And upon the respective deaths of the last surviving child of each of my grandchildren to pay thereafter the portions of the said net revenues which such last surviving child (being my great grandchild) had been receiving under any of the provisions of this my Will to my other grandchildren and great grandchildren then living equally by roots during the remainder of their respective lifetimes; and so on until only one of my grandchildren and great grandchildren remains after which time such surviving grand-child or great grand-child as the case may be will receive the whole of the said net revenues during his or her lifetime. -------
The foregoing provisions in favor of my great grandchildren are also subject to the express condition that my Executors and Trustees are to pay for any of them respectively who may be still under twenty-one years of age the sum of five hundred dollars a year out of his or her share of the said revenues (provided such share of said revenues amounts to five hundred dollars a year, otherwise they are only to pay the actual amount per year of such share of revenues) towards his or her support, maintenance and education and that the balance if any of said shares of revenues of each such great grandchild during this period is to be allowed to accumulate and with any interest thereon in the meantime is to be made over to him or her when he or she attains the age of twenty-one years; and should such great grandchild die before attaining the said age leaving lawful issue surviving him or her the said accumulated revenues with any such interest thereon are to go to such issue equally at his or her death; otherwise they are to be added to the capital of the residue of my Estate. -------
(d) And upon the death of the last survivor of my son, grandchildren
and great (grand) grandchildren or other termination of the foregoing
dispositions regarding the said net revenues of the residue of my Estate
(but not sooner) to pay and make over the capital of the said residue
of my Estate as the same may then be to the said Montreal Young Women’s
Christian Association in absolute ownership. This capital is to be invested
by the said Association permanently and to be
Sixthly:- The expressions “children” “grandchildren” and “great grandchildren” are hereby expressly limited to one degree only and to my own descendants only whenever used in this my will. -----
Seventhly:- All legacies herein made are intended as aliment and in consequence shall not be capable of being seized or taken for attachment for the debts of any beneficiary or of being assigned or anticipated in any way and the same shall be free from the control of any husband of any female beneficiary and shall not enter into any community of property between any such female beneficiary and her husband but shall be received, held and enjoyed by any such beneficiary as freely as if she had remained single. -----------
Eighthly:- I hereby extend the powers, seizin and authority of my said Executors and Trustees beyond the year and day limited by law and until the full and final execution hereof. ------
I authorize and empower my said Executors and Trustees in the execution of this my will to sell and otherwise dispose of any and all property of my Estate whether movable or immovable, real or personal, bank or other stocks or other whatsoever from time to time for such prices or other considerations and upon such terms and conditions as they may deem in the interests of my Estate; to receive and get in such prices and other consideration and all other property of my Estate and give discharge therefor; to invest any property of my Estate in such securities as they may deem sufficient without being restricted to the securities in which Executors are by law bound to invest and to alter and vary investments with the same discretionary powers from time to time; to compromise, settle and adjust all claims and demands in favor of or against my Estate upon such terms as they may deem in the interests of my Estate to determine and decide what sums of money and other property of my Estate are to (be) be treated as capital and what as revenues and to deal therewith accordingly; to sign all deeds of sale and other instruments in writing that may be necessary or expedient in and about the execution of my will; and generally to act with the fullest and most unrestricted powers in the administration and settlement of my Estate and the execution of this my will; the whole without the intervention of any of my legatees being necessary or any judicial or other authorization being required. --------------
In the vent of the resignation or death of my said son James Arthur Fairie or of his not becoming or ceasing to be one of my Executors and Trustees for any reason said The Royal Trust Company shall be and remain sole Executor and Trustee hereunder. -----------
And should said The Royal Trust Company not become one of my Executors and Trustees or cease to be such Executor and Trustee for any reason I direct that some other Trust Company doing business in the said City of Montreal shall be appointed one of the Executors and Trustees hereunder or sole Executor and Trustee as the case may be in its place by a Judge of the Superior Court for the said Province in the District of Montreal on the petition of any one interested and after such notices as such Judge may designate and any such Executor and Trustee so appoint will be and remained clothed by virtue of such appointment with all the powers, seizin and authority hereby conferred upon my Executors and Trustees.
I further direct that any Trust Company acting as Executor and Trustee hereunder receive and be paid a reasonable and customary remuneration from my estate for its services as such.------
Ninthly:- I exempt my Executors and Trustees from the obligation of giving any bond or other security for their acts as such Executors and Trustees.
Tenthly:- I revoke all wills, Codicils and other testamentary dispositions I may have heretofore made declaring the present to be my only true Last Will (and) and Testament. ----------
The present will was thus declared by the said Testatrix to us, said Notaries, and by Robert H. Barron, one of the said Notaries, in the presence of the other read to the said Testatrix who declared to understand the same and to persist therein. -----
DONE AND PASSED at the said City of Montreal at the residence of the said Testatrix, on the day; month and year first herein written under the number sixteen thousand eight hundred and eighty of the original minutes of said Robert H. Barron and signed by the said Testatrix with and in the presence of said Notaries also hereunto subscribing in her presence and in the presence of each other after due reading hereof as aforesaid.-------
(signed) Annie L. Fairie
A true copy of the original hereof remaining of record in my office
Nine words erased null.
ON THIS DAY the eleventh of April in the year of our Lord one thousand nine hundred and twenty-one. -------
BEFORE ROBERT H. BARRON AND DOUGALL CUSHING,
the undersigned Notaries Public for the Province of Quebec practising in the City of Montreal. --
DAME ANNIE LOUISA JORDAN, of the said City of Montreal, Widow of the late James Fairie, deceased, in his lifetime of the same place, Merchant. -----
WHO being of sound and disposing mind, memory, judgment and understanding hath requested us the said Notaries to write down and receive in due form of law a Codicil to her last Will and Testament which was executed before Robert H. Barron and Colleague, Notaries, on (the) the thirtieth of August nineteen hundred and eighteen; which Codicil she declared in manner and form following, that is to say: -----------
Firstly:- I revoke and cancel the following portions of my said Will,
Secondly:- I give and bequeath the following additional particular legacies free of succession or legacy duty, namely. ----
(a) To my sister Mrs. Frances A. Cunningham, of Orange New Jersey, U.S.A. as a small remembrance and token of my love my gold bracelet set with emeralds in leather case and Auntie Mac’s long gold chain and eye glass and my own gold watch in red plush (Williamson) case with long cable gold chain and my Alaska sable stole with tails and my Alaska sable empire muff. I am not leaving my said sister a legacy in money as she has been well provided for my by father. ------
(b) To my friend Miss Jeanie Forsyth, of the New Sherbrooke, Montreal, my Alaska Seal cape trimmed with Alaska sable collar made by Clarmont, Furrier in 1919.
( c) To Miss Harriet E. Tenney, for many years secretary of the Montreal Young Women’s Christian Association and now Secretary of the Young Women’s Christian Association of Danville, Illinois. U.S.A. the sum of five hundred dollars.
(d) If my present housekeeper, Julia Gray, (is) is living with me at the time of my death, I leave to her two hundred dollars. ------
(e) To Doctor Grenfell’s Medical Mission in Labrador five hundred dollars. This sum is to be used in whatever way Doctor Grenfell thinks best, but I would prefer that it should go to the Hospital at Harrington, where I have endowed a cot called the “Mrs. James fairie” cot.-----
(f) To my dear son James Arthur fairie the following rings, namely:
Thirdly:- In all other respects I hereby ratify and confirm my said last Will and Testament.
The present Codicil was thus declared by the said Testatrix to us the said Notaries, and by me Robert H. Barron, one of the said Notaries, the other being present read to the said Testatrix who declared to well understand the same and to persist therein as being a Codicil to her said last Will and Testament. ------
DONE AND PASSED at the said City of Montreal at the residence of the
said Testatrix on the day month and year first hereinbefore written under
the number eighteen thousand nine hundred and seventy seven of (the)
the original minutes of Robert H. Barron the said Notary and signed by
the said Testatrix with and in the presence of the said Notaries also
hereunto subscribing in her presence and in the presence of each other
after due reading hereof as aforesaid. -----
A true copy of the original hereof remaining of record in my Office. R.H. Barron. N.P.
(Listed in the margin of this will)
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Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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