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A Collection of Newfoundland Wills
(M)
John Shannon Munn

 

Will of John Shannon Munn
from Newfoundland will books vol 11 pages 238 to 241 probate year 1918

In re John Shannon Munn       deceased

This is the last will and testament of me John Shannon Munn of St. John's in the island of Newfoundland, merchant, and I hereby revoke all former wills made by me,

  1. I bequeath to my wife Alice Mary Munn absolutely my wines, full (?) and other consumable household stores, linen, china and glass, wearing apparel, watches, jewels and personal ornaments.
  2. I bequeath to my said wife so long as she shall remain my widow, the use and enjoyment of my plate, pictures and other articles of household use or moment not hereinbefore bequeathed, and after her decease or future marriage [which shall first happen] I bequeath the same to my daughter Elizabeth Shannon Munn.
  3. I devise and bequeath all the residue of my real and personal estate onto the Honorable Sir Edgar R Bowring, Knight; and William R. Warren of St. John's aforesaid, one of his Majesty's Counsel, upon trust that they or the survivor of them or other of the trustees or trustee for the time being of this my Will [all of whom are herein called "my trustees"] shall hold and deal with the same pursuant to the directions and with the powers hereinafter declared.
  4. My trustees shall as soon as practicable after my death, sell call-in and convert into money all such parts of my estate as shall not consist of money invested in or investments in the business of Bowring Brothers, Limited or C. G. Bowring and Company, Limited, or in any of the businesses allied or connected therewith, and shall out of the proceeds of such sale, calling ins and conversion pay my funeral and testamentaary expenses and debts and the pecuniary legacies hereby and by codicil hereto bequeathed and shall invest the clear residue thereof [which together with the money invested and investments in the businesses hereinbefore mentioned is hereinafter called "my residuary estate"] in any mode of investments in which trustees are allowed by law to invest.
  5. Notwithstanding anything contained in the next preceding paragraph of this my will I hereby authorize and empower my trustees at their discretion to invest all or any part of my residuary estate in the business of Bowring Brothers, Limited or C. G. Bowring & Company, Limited, or in any of the businesses allied or connected therewith.
  6. I direct my trustees to pay the following pecuniary legacies first from the bond hereinbefore mentioned, namely, five hundred dollars to my former nurse Rose Hewardine, five hundred dollars to my cousin and godchild Clifford Randall, one thousand dollars to my mother-in-law, Mrs. J. R. McGowan, five hundred dollars to my aunt Mrs. Herbert Randall.
  7. My trustees shall collect the income arising from my residuary estate [hereinafter called "the income"] and shall pay and distribute the same as follows:-
    [a]. My trustees shall pay the income to my wife during her life
    [b] Should my wife marry again my trustee shall pay to her the sum of two thousand dollars per year during her life instead of the income in full.
    [c] After the death of my said wife, my trustees shall hold my residuary estate in trust for such of my children living at my death, and such of my grandchildren living at my death [and being children of any deceased child of mine], as being male attain the age of twenty-one years; or being female attain that age or marry, in equal shares per (?) stripes as tenants in common
    [d] In the event of my said wife marrying again my trustees shall accumulate the balance of the income [after payment of two thousand dollars per annum to my wife] in trust for my children and grandchildren and shall invest the same with my residuary estate.
    [e] My trustees may, at their discretion, apply the whole or such part as they shall think fit of the income of the share to which any minor shall for the time being be presumptively or contingently entitled under this my will in or towards his or her maintenance, education or advancement, or otherwise for his or her benefit; and my trustees shall accumulate the unapplied surplus of such income, and such accumulations shall be liable to be applied in like manner, but, subject to such liability, shall be added as capital to the share or shares from whence the same have arisen.
  8. The directions hereinbefore given as regards the investment of my trust property shall not be construed to mean that my trustees shall not at any time sell or convert my investments in the business of Bowring Brothers, Limited, or C. G. Bowring Company, Limited, or any of the businesses connected therewith, but on the contrary, I direct my trustees to sell and convert such investments should they deem necessary, wise or businesslike so to do.
  9. The said William R. Warren may be employed in his professional or business capacity by my executors and trustees and shall be paid all such remuneration for any business done by him in the course of such employment as he would have been entitled to receive in respect thereof if he had not been an executor or trustee.
  10. I appoint the said Honorable Sir Edgar R. Bowring and the said William R. Warren executors of this my Will.

In testimony whereof I have hereto set my hand at St. John's aforesaid this seventeenth day of April Anno Domini one thousand nine hundred and sixteen. -John S. Munn- Signed by the said testator as for his last will and testament in the presence of us who in his presence and in the presence of each other have hereto subscribed our names as witnesses Wm. Collins     Robert H. Simmus

Correct Charles H. Emerson
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat
Nov. 19 1918
Kent J.
Probate
Nov. 20/18
granted to
Sir E.R.
Bowring and
W. R. Warren
Estate
sworn at
$99,463.55

 

 

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, Alana Bennett, Wendy Weller and Eric Weller

REVISED: October 10, 2001 (Ivy Benoit)

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