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A Collection of Newfoundland Wills
Mary E. Mitchell


Will of Mary E. Mitchell from Newfoundland will books volume 14 pages 559-562 probate year 1929

In re     DECEASED.

I, MARY E. MICHELL, of the City of Chicago, County of Cook and State of Illinios, being of sound mind and memory, and of disposing capacity, do make, publish and declare this instrument as and for my Last Will and Testament, hereby revoking any and all former wills by me at any time made.

  1. I order and direct that all my just debts and funeral expenses be paid as soon as is possible after my decease by my executor hereinafter named
  2. I give and bequeath unto my son, Edward P. Michell, all my household goods, furniture, bric-a-brac, pictures, rugs, carpets, kitchen utensils silverware, jewelry, and all articles of personal use, wear and adornment which I may own at the time of my death, including any pleasure automobile which I may own at said time.
  3. I give and bequeath unto my son, Joseph T. Mitchell, and unto my son Edward P. Mitchell, each the sum of FIVE HUNDRED (500) DOLLARS.
  4. All the rest, residue and remainder of my estate of whatsoever kind or character of which at the time of my death I may be seized or possessed, or in which at said time I may have any interest whatsoever, after the payment of my just debts and funeral expenses and the payment and delivery of the bequests hereinbefore made, shall be divided into three (3) parts equal in value, and one (1) of said parts of all such rest, residue and remainder of my estate I give, devise and bequeath unto my son, JOSEPH T. MITCHELL; another of said parts of all such rest, residue and remainder of my estate I give, devise and bequeath unto my son, EDWARD P. MITCHELL, and the third (3rd) part of all such rest, residue and remainder of my estate I give, devise and bequeath unto the CONTINENTAL AND COMMERCIAL TRUST AND SAVINGS BANK, a corporation of the estate of Illinois as Trustee.
  5. During the period of the trust, the said trustee shall hold, manage, care for and protect said estate and collect the income therefrom, all in accordance with its best Judgment and discretion. Said Trustee may retain as a portion of the said trust estate any investments made by me in my lifetime, and is authorized to invest such part of the trust estate as may be converted into cash from time to time in bonds, mortgages, or other income - producing securities, said Trustee to have as wide a latitude in the selection or making of such investments as I, Myself, would have if living. Such Trustee is given full power to sell and assign any and all of said trust property or any reinvestment thereof from time to time, for such prices and upon such time as it shall see fit, either for the purpose of reinvestment or in order to carry out any provision of the trust, or any division of the trust might and the purchaser or purchasers shall not be obliged to see to the application of the purchase money. Said Trustee shall be paid a fair and just compensation out of the trust estate for its services hereunder, and it shall be allowed to employ such agents and attorneys as are reasonably necessary in managing and protecting said estate, and their compensation, as well as the reasonable and proper expenditures made or incurred by the said trustee shall be repaid and allowed to the said Trustee out of the trust estate. In general, I give and grant unto the said Trustee as full and complete power and authority over the said trust estate and each and every part thereof as I, myself, might could or would have if living.
  6. If any stocks, bonds or other securities are retained or purchased by the Trustee at a premium above their par value, said Trustee is relieved of any duty as to making adjustments from year to year of such premiums, and is authorized at the time of any purchase of such securities to charge the corpus of the estate with the premiums so paid. Should any securities be bought by the Trustee at a discount, said trustee shall credit the corpus of the estate with the difference between the purchase price and the amount realized in the collection or sale of such securities. Stock dividends, so-called, shall not be considered as income, but as an accretion to the principal of the trust estate. Subject to the foregoing, said trustee may, if it sees fit so to do, regard the whole of the interest or dividends received on securities so held in trust as income, and said Trustee is given full power to determine what expenses, commissions, or charges shall be charged to income, and what to principal, and what dividends, interest or property received shall be deemed principal and what income.
  7. The interests of the beneficiaries in the trust estate and the income therefrom shall in no case vest until such beneficiaries shall become entitled to receive and demand absolutely and forthwith the principal of the trust estate, as herein provided, and such beneficiaries shall have no control whatever over or interest in the trust estate or the income therefrom, and the income is to be paid and distributed as hereinbefore provided and such payments and distributions to be made only upon the proper personal receipts of the beneficiaries named or their guardians, and they shall have no right or authority to assign or anticipate any income or allowance which they may receive or expect to receive under the provisions of this will and the respective interests of the beneficiaries shall not be liable in any manner to any extent for the obligations or liabilities, voluntary or involuntary, of said beneficiaries, or for any claims against them or any of them, of whatsoever character.
  8. It is my desire that all inheritance and other taxes on the distributive shares of or interests in my estate, or the income therefrom, levied under the laws of any State or of the United States, or of any foreign country or subdivision thereof now existing or which may hereafter come into effect, shall be paid by my executor hereinafter named out of the principal of my estate and said executor shall be allowed to charge such payments as part of the expenses of the administration of my estate. It is my desire that such inheritance taxes shall, if possible, be ascertained immediately after my death and I hereby direct that if the persons who are then authorized by law to levy such tax or taxes shall determine that the respective rights and interests created by this will.are presently subject to the payment of such taxes and shall fix or levy the same accordingly, then my executor may pay the same as levied without questioning the propriety of such determination and levy as to amount and otherwise, and such payment thereof shall be binding and conclusive upon all Legatees and beneficiaries under this will and upon all persons who may at any time be interested in the trust estate above provided for.
  9. The trust estate shall be considered as held for the benefit of my son, BRYAN L. MITCHELL, and the net income from the said trust estate shall be paid unto my son in quarter annual installments until he attains the age of sixty (60) years. Upon the attainment of said age of sixty (60) years by my said son the said trust shall cease and determine and the trust estate, then in the hands of the said Trustee, shall be paid, transferred and delivered over unto him.
  10. Should my said son, BRYAN L. MITCHELL, die before attaining said age of sixty (60) years, then, and in such event, upon his death, the said trust shall cease and determine and the trust estate, then in the hands of the said trustee shall be paid, transferred and delivered over unto my son, JOSEPH T. MITCHELL, and my son, EDWARD P. MITCHELL, share and share alike, and if neither be not living, then unto the survivor of my two (2) aforesaid sons.
  11. I nominate and appoint the CONTINENTAL AND COMMERCIAL TRUST AND SAVINGS BANK a corporation of the State of Illinois, executor of this, my last Will and Testament.

In witness whereof, I have hereunto set my hand and affixed my seal at Chicago Illinois, this 6th day of December AD. 1924.

the foregoing instrument consisting, with this and the preceding pages of five (5) typewritten pages, was at the date thereof subscribed by the testatrix, Mary E. Mitchell, in our presence and was at the same time declared by her to be her Last Will and Testament, and we, at the same time, in her presence, at her request, and in the presence of each other have hereunto subscribed our names, as attesting witnesses, and we do hereby certify that at the time of the execution of the said will the said Mary E. Mitchell was of sound and disposing mind, memory and understanding.
Joseph B. Beach
Edwin H. Felt
Fred T. Dean.

William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the margin next to this will the following)
W. J. Higgins
July 20/29
T. Scanlan
on the 3rd day
of September
A.D. 1929
Value of Estate



Page Contributed by Judy Benson, Ivy F. Benoit & Don Tate

Page Revised by Ivy F. Benoit (Tuesday July 24, 2012)

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