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A Collection of Newfoundland Wills
(G)
Hugh Gemmel

 

Will of Hugh Gemmel from Newfoundland will books volume 5 pages 303-309 probate year 1888.
This will is also recorded on pages 231-237 in this volume.
Heading and closing are different from the other version, all the rest is the same as near as we can tell.

Last will and Testament
of Hugh Gemmel of Saint John's
Newfoundland Boiler
Maker deceased
.

I Hugh Gemmel of St. John's Newfoundland Boiler Maker and Engineer at present temporarily residing at Two hundred and ninety six Dumbatton Road Glasgow Scotland, being desirous to provide for the management and disposal of my means and estate after my death and having full trust and confidence in the persons after named for executing the trust hereinafter reposed on them, do therefore give, grant, assign and dispose and devise legate bequeath and to and in ?? Sir Robert Thorburn Premier of St. John's Newfoundland. A. M. MacKay a member of Her Majesty's Assembly in St. John's Newfoundland, and John Cook Manager of the Commercial Bank St. John's Newfoundland and the acceptors and survivors and acceptor & survivor of them, and the heir of the last survivor and to such other person or persons as shall be assumed into the Trust, as trustees and trustee for the purposes after specified the major number of the said trustees original and assumed accepting accepting and surviving, and resident within Great Britain at the time, being always a quorum (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 & whole other estate and effects belonging to me, at St. John's Newfoundland or elsewhere abroad, with the whole writs vouchers and 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 acceptor 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 pupilarity or minority at or after my decease; That these presents are granted and shall be accepted in trust always for the following purposes. Viz
First I hereby direct my trustees to realise 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 favourable realisation thereof I hereby specially authorise 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 & disposed of
Second I direct my trustees and out of the first and easiest of my means and estate to pay all my just and lawful debts and sickbed and funeral charges and the expenses of this trust;
Third. For payment six months after my death and free of legacy duty;
Primo to each of my trustees who shall accept office of the sum of twenty five pounds sterling for the purchase of some memento 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 storekeeper the sum of twenty five pounds sterling; and to Thomas Neoirn, my foreman boiler maker, the sum of thirty pounds sterling, all in recognition of their faithfulness but payable only on condition of their being in my employ 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 over the same to the parties and in the proportions after mentioned namely;

  • To my sister Mrs. Margaret Gemmel or Boyce wife of John Boyce, Wood Turner, Glasgow fifty shares
  • To my sister Miss Helen Gemmel residing 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 McNeill or Gemmel, widow, residing in Lochwinnoch twenty shares
  • To my nephew John Gemmel residing at Lochwinnoch twenty shares
  • To my niece Mrs. Eliza Gemmel or Kenny wife of     Kenny, residing at Lochwinnoch 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 or MacKinlay, wife of Robert MacKinlay stationer Glasgow ten shares;
  • To my sister-in-law Mrs. Elizabeth Turnbull or Lambie wife of John Lambie, Calandar Glasgow ten shares
  • To my nephew Joseph MacKinlay ten shares;
  • To my sister-in-law Miss Jessie Turnbull residing in Glasgow ten shares;
  • To my sister in law Isabella Turnbull residing in Boston United States of America ten shares,
  • And to my nephew Alexander MacKinlay residing at St. John's Newfoundland five shares

Declaring that if any of the said residuary legatees shall predecease 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 predecease 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 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 if necessary part of the capital being until then applied in the discretion of the trustees in the maintenance, upbringing and education or otherwise for behoof of such minor residuary legatee; and it is hereby provided and declared that the whole provisions hereby made, in as far as they are in favor of females, are and shall be payable upon their own respective receipt, and so far as in liferent shall be strictly alimentary and shall be exclusive always of the jus manti and 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 husbands 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 under the trust hereby created and to grant conveyances containing a clause bounding said trust estate and the parties beneficially interested therein in absolute warrendice and all other usual and necessary clauses. Declaring that the persons who as 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 and 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, errors, or neglect of management or singuli in solidum but each for his own actual intromissions 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 reputed 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 reputed responsible at the time of appointment, and they shall have all the powers and be entitled to all the privileges and exceptions conferred on or provided for gratuitous trustees by act of parliament or otherwise;
And further 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 own liferent of the means and estate above conveyed, but also full power to alter innovate or revoke these presents in whole or in part as I shall see proper, but declaring always the same as so far as not altered or revoked by me, shall be a valid and effectual deed though found lying in my own repositories, or in the custody of any person to whom I may entrust 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 Murdock Apprentice in the employment of McClure Naismith Brodie and Company Writers Glasgow (under the declaration before subscription that the word "said" is interlined between the fourteenth and fifteenth lines of page first hereof) subscribed by me in duplicate at Glasgow the ninth day of March 1888 before these witnesses William Morrison writer in Glasgow and George Greenhill Cleghorn clerk to the said McClure Naismith Brodie and Company. - Hugh Gemmel (LS)
Signed and Sealed by the above named and designated Hugh Gemmel the Testator as and for his last will 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. Morison, Solicitor. 77 St. Vincent Street Glasgow. Witness
George G. Cleghorn of 77 Vincent Street, Glasgow, Law Clerk witness.

Dated the 17th July 1888
I hereby certify that the foregoing is a correct copy of the will of Hugh Gemmell
Chief Clerk & Registrar

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Saturday August 10, 2013)

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