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A Collection of Newfoundland Wills
(M)
Archibald Robert Hugh MacPherson

 

 

Will of Archibald Robert Hugh MacPherson
from Newfoundland will books volume 12 pages 70 to 73 probate year 1921

In re
     ARCHIBALD R. H. MCPHERSON.      DECEASED.

This is the last Will and Testament of me, Archibald Robert Hugh MacPherson, of St. John's, in the Island of Newfoundland, Merchant.

  1. I give, devise and bequeath to my dear wife Margaret MacPherson.
    1. One Hundred shares of Four Hundred Dollars each in the Royal Stores Limited, for her sole and absolute use.
    2. All my household furniture, pictures, books, plate, china, cutlery, linen and all other goods and chattles in my house, together with my horses, cattle, carriages, sleighs and general stable outfit, and motor vehicles, for her sole and absolute use.
  2. I give, devise and bequeath to my Executors, hereinafter named, One Hundred and Fifty shares of Four Hundred Dollars each in the capital Stock of the Royal Stores Limited, UPON TRUST.
    1. To hold the said shares and or the proceeds arising from the sale and realization of the whole or any part of the same for the use and benefit of my son Archibald Cluny Campbell MacPherson, and such other child or children as may be born to me, until such time as the oldest child shall have attained the age of twenty one years, when they are to apportion the said shares and or fund arising from the sale and realization of the whole or any part of the same amongst my said children then living, giving each male child double the portion of each female child and to pay over and or and transfer to each male child from time to time his or their respective amounts and or shares so apportioned, as each of the said male children attains the age of twenty one years. The share or shares of the female child or children are however to be held by my executors in trust to pay the income arising therefrom to the said female child or children during her or their lifetime and upon the death of the said female child or children to transfer the same to the lawful children of the said female child or children then surviving, share and share alike. Should any female child or children die unmarried or without children, the share or shares of the said female child or children is to be divided amongst my wife and children then surviving, share and share alike.
    2. In the meantime whilst the said corpus of this trust or any part thereof remains subject to the trusts herein set forth and until the youngest child attains the age of twenty one years, first to pay out of any dividends, rents, issues or profits arising from the said corpus or such portion thereof as shall from time to time remain after payment and delivery to such child or children, as shall be entitled thereto, of his, her or their apportioned share, to my wife Margaret MacPherson for the maintenance, education and support of my said child or children whilst at school or university away from home such sum as my wife Margaret MacPherson shall show to be reasonably requisite and then to invest the remainder (if any) of the said dividends, rents, issues or profits arising from the said shares or any part thereof and or funds representing the proceeds of the sale or realization of the whole or any part of the same in first mortgage on landed property or in such stocks, funds, or securities only as are authorized by law for TRUST FUNDS.
      And I further direct my said Executors to apportion and pay over the fund so accumulated at the same time or times and in the same manner as the corpus from which the said fund will be derived is directed by this paragraph to be apportioned and paid over or transferred to the cestuis qui trustent mentioned in sub section (a) of this paragraph. And I do further authorize and empower my said Executors to hold the whole or any part of the said One Hundred and Fifty shares in the Royal Stores Limited hereby devised and to draw such dividends as shall from time to time be declared thereon and to invest them as hereinbefore directed or at any time or times to sell and dispose of the shares or any part thereof as they in their discretion shall consider best in the interest of my estate, but in the event of their electing to sell and dispose of the whole or any part of the said shares they shall give the first offer of the same to the then existing members of the said Company, and the proceeds realized from the sale of the said shares or any part thereof shall only be invested in such mortgages, stocks, funds, or securities as I have directed, the dividends, rents, issues or profits arising from the said shares and or fund representing proceeds of the sale or realization of the whole or any part of the same to be invested.
  3. Having made provision for my sister Margaret Campbell MacPherson during my lifetime, I make no provision for her in this my last will and testament.
  4. To my wife, Margaret MacPherson, I give, devise and bequeath the house, land and premises known as No. 32 Queen's Road, in the town of St. John's together with all goods, chattles, furniture and effects of whatsoever kind and description contained therein.
  5. I give, devise and bequeath to my nephew, Frazer Bond, Four Thousand Dollars (4000.00) to my niece, Roberta Bond, Two Thousand Dollars (2000.00) to Shirley Wood, son of Ralph R. Wood, the sum of Two Thousand Dollars (2000.00).
  6. I give, devise and bequeath to Campbell MacPherson, son of my nephew, Dr. Cluny MacPherson, Five Hundred Dollars (500.00) to Emma MacPherson, daughter of my nephew Dr. Cluny MacPherson, Five Hundred Dollars (500.00) to Archibald Curran, son of John B. Curran of Troy, New York, Five Hundred Dollars (500.00) to Archibald Curran, son of John B. Curran of Troy, New York, Five Hundred Dollars (500.00) to Archibald MacPherson Ayre, whose mother's maiden name was Spry, Five Hundred Dollars (500.00) to Lawrence Archibald Beswick, son of Ernest Beswick of Manchester, Merchant, Five Hundred Dollars (500.00).
  7. I give, devise and bequeath to my Coachman, Joseph Clarke, Two Hundred and Fifty Dollars (250.00) if in my employ at the time of my decease.
  8. I give, devise and bequeath to the Dorcas Society of St. John's, One Thousand Dollars (1000.00) which I require them to invest in a Newfoundland Government bond or Debenture and to apply the yearly interest arising therefrom to the relief of the poor in such manner as they think best. In the event of the Society going out of existence or disbanding, the persons last elected as Officers of the Society shall have power to dispose of the said bond or Debenture and to apply the proceeds of the sale of the same to such charitable objects of a kind similar to the objects of the Dorcas Society, as they shall deem worthy and deserving. This I do in memory of my mother, Susannah MacPherson who always took the deepest interest in the Society and its objects, and I would like this bequest to be known as the "MacPherson memorial Fund"
  9. I give, devise and bequeath to the Methodist Orphanage at St. John's, Two Thousand Dollars (2000.00).
  10. I give, devise and bequeath to my said Executors the sum of Five Thousand Dollars (5000.00) upon trust, to invest the same in safe and reliable securities and to pay the income arising therefrom yearly to such Ministers of the Methodist Church in Newfoundland, as shall be on the list of superannuated or retired ministers of the Methodist Church in Newfoundland and entitled to superannuation allowance, on the first day of January in each year, in equal shares. This bequest is made upon the express trust, that it is to be in addition to any allowance now made to superannuated ministers and that it shall not be used to make up any amount to which they now are or hereafter may be entitled as superannuated ministers. The said payments are to be made upon the yearly certificate of the Newfoundland Methodist Conference showing names of persons entitled as above mentioned and that they have received their full superannuated allowance. Should the income arising from the said Five Thousand Dollars (5000.00), at any time, be used or expended, otherwise than I have expressly directed, the said bequest is to become void, and the said sum of Five Thousand Dollars (5000.00) is to be paid into the residue of my Estate.
  11. I give, devise and bequeath, One Thousand Dollars (1000.00) to the Permanent Marine Disasters Fund.
  12. All the rest, residue and remainder of my Estate, I bequeath to my wife and such children as shall be living at the time of my decease, share and share alike.
  13. I appoint the Eastern Trust Company and my wife, Margaret MacPherson, the Executors of this my last Will and Testament. In case it should be necessary for the purpose of carrying out any of the trusts under this my last Will and Testament that a trustee or guardian should be appointed. I also appoint my said Executors to be trustees or guardians for the purposes of carrying out and executing the said trusts.

IN WITNESS WHEREOF I have hereunto subscribed my hand this 18th day of December, Anno Domini, 1919. A. MACPHERSON.
Signed, published and declared by the Testator, as and for his last Will and Testament, in the presence of us, who in his presence and in the presence of each other, at his request have hereunto subscribed our names as witnesses, this 18th day of December Anno Domini 1919. Harold MacPherson    J.A.W.W. McNeily of St. John's Solicitor.

CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the Margin next to this will the following)
Fiat Aug 18/21
Kent J.
Probate granted
to Margaret
MacPherson and
The Eastern Trust
Co. Aug 18/21.
Estate sworn
at $209.020.00

 

 

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.

Page Contributed by Judy Benson and Ivy F. Benoit

REVISED BY: Ivy F. Benoit May 28, 2002

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