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A Collection of Newfoundland Wills
(M)
William David Monroe

 

Will of William David Monroe from Newfoundland will books volume 15 pages 524 to 526 probate year 1931

IN RE                    DECEASED.
William David Monroe

William David Monroe

THIS IS THE LAST WILL AND TESTAMENT of me WILLIAM DAVID MUNROE of Christchurch Canterbury New Zealand of no occupation
I REVOKE all former wills made by me I APPOINT RICHARD EMELE DUNBEIR of Lincoln Road Christchurch aforesaid Grain and Produce Merchant and THOMAS ABBOTT JOYNT of Christchurch aforesaid Law Clerk EXECUTORS and TRUSTEES of and under this my will
I DECLARE that the expression "my trustees" wherever used herein shall include the said Richard Emale Dunbeir and Thomas Abbott Joynt and the survivor of them and all others and other the trustees or trustee for the time being of this my will howsoever appointed
I DIRECT my trustees to pay out of my estate all Duty of every description which shall be charged assessed and payable on the passing of accounts in my Estate in New Zealand or elsewhere to the personal exoneration and indemification of all persons taking any benefit or advantage under this my will either individually or as members of a class of persons taking any benefit hereunder.
I GIVE to my wife JANET MUNROE the sum of ONE HUNDRED POUNDS (£100) for her immediate requirements and I direct my trustees to pay such sum to my said wife out of the first moneys coming to their hands out of my personal estate
I GIVE unto my Trustees (hereinafter referred to as my said Trustees) the whole of my estate real and personal and wheresoever situate
UPON TRUST as to my shares in the Colonial Cordage Company Limited of St. John's Newfoundland to hold and stand and be possessed Forty (40) of such shares for my daughter IRENE AGNES TOWER of Christchurch aforesaid Married Woman for and during the period of twenty one years from the date of my death and upon further trust upon the expiration of such period of twenty one years to transfer such forty shares or the investment or investments of the proceeds thereof to my said daughter Irene Agnes Tower for her own use and benefit absolutely.
I DECLARE that if my said daughter shall die before the expiration of the said period of twenty one years my said trustees shall hold and stand and be possessed of such Shares and of the net income profits and proceeds thereof and of the investment or investments thereof upon trust for all the children of my said daughter as tenants in common in equal shares upon their respectively attaining the age of twenty one years and if there be only one child then the whole for such one
AND UPON FURTHER TRUST as to Fifteen (15) of such shares to hold and stand and be possessed thereof and of the net income profits and proceeds thereof and of the investment or investments thereof for my Grandson JAMES KER son of my married Daughter Margaret Ker upon his attaining the age of twenty one years the shares hereinbefore bequeathed to him shall revert to and form part of my residuary estate
AND UPON FURTHER TRUST as to the remaining Sixty (60) Shares for all my daughters (to the exclusion of my said daughter Irene Agnes Tower) share and share alike.
AND UPON FURTHER TRUST as to the rest residue and remainder of my said estate (hereinafter called my said estate) UPON TRUST as soon as conveniently may be after my death to sell realize and convert into money as shall not consist of money and collect and get in such part thereof as shall consist of money and to hold and stand and be possessed of the net proceeds of such sale realization and conversion and of such part of my trust estate as shall consist of money and to pay and divide the same equally between and amongst all my daughters share and share alike.
I AUTHORIZE AND EMPOWER my said trustees in their discretion to expend the dividends or income of the share to which any grandchild of mine shall become entitled under the trusts of this my will for or towards the maintenance education and advancement in life of such Grandchild during his or her minority and for such purpose to pay such dividends and income to the Guardian for the time being of such Guardian Grandchild and the receipt of such Guardian therefor shall be a sufficient discharge to my said Trustees and shall exonerate them from seeing to the full application thereof
AND I DECLARE AND DIRECT that if any Daughter of mine now living shall die before me and shall leave lawful issue her surviving who or some of whom shall be living at my death such issue living at my death shall stand in their his or her parents (my daughters) place and shall take equally amongst themselves as Tenants in Common if more than one and when they shall respectively attain the age of twenty one years or being daughters marry under that age all share and benefit which the parent of such issue (my daughter) would have taken under this my will if she had outlived me.
I DECLARE that notwithstanding the provision hereinbefor contained for the sale realization and conversion into money of such part of my trust estate as shall not at the date of my death consist of money my trustees shall have full power and discretion to deal with such part thereof as shall consist of shares in any Company Firm or incorporated Society or Body by transferring the same or any part thereof to the person or persons becoming entitled thereto under the provisions of this my will instead of selling and realizing the same as aforesaid.
I EMPOWER my trustees to manage all the business and affairs of my estate and property with all powers and discretions of beneficial ownership and to invest any moneys coming to their hands under this my will upon such class or classes of investment as shall for the time being be permitted by any statute in that behalf in force in New Zealand
I DECLARE that the provision hereinbefore made in favour of my Daughters shall be for their and each of their sole use and benefit and shall be free from the debts control or engagements of the husband of such of my daughters as are now married and of the husband whom any Daughter may hereafter marry
I GIVE to my said trustees hereinbefore named and appointed the sum of twenty five pounds (£25) to be divided equally between them for their pains and trouble in administering my estate and carrying out the trusts of this my will
AND I declare that if only one trustee shall act in carrying out such trusts then such one so acting shall be entitled to the full sum of Twenty five pounds
AND LASTLY I DECLARE that upon the death or retirement from any charge of a trustee acting in the Trusts of this my will the surviving or continuing trustee shall have full power to appoint a new trustee acting with himself as such surviving or continuing trustee and that with the purpose of such appointment it shall not be necessary to obtain the consent of any person or persons beneficially entitled hereunder.
IN WITNESS WHEREOF I have to this my last Will and Testament signed my name this twenty fifth day of September one thousand nine hundred and twenty eight. W.D. MUNROE.
SIGNED by the testator the said William David Munroe as and for his last will and testament in the sight and presence of us both being present together at the same time who at his request in his sight and presence and in the sight and presence of each other have hereunto signed our names as witnesses attesting the due execution hereof.
A.C. Cottrell Solicitor Christchurch.    C. Griffiths Painter etc. Chch.

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

(Listed in the margin next to this will the following)
Fiat
W.H. Horwood.
    CJ
Nov 20/31
Administration
granted to Rt Hn
Sir William
F. Lloyd
on the
20th day of
November 1931
Value of Estate
$16,500.00

 

 

Page Contributed by Judy Benson, & Sheila Tiberio

Page Revised by Ivy F. Benoit ( Friday September 27, 2019 )

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