Will of John Shannon Munn
from Newfoundland will books vol 11 pages 238 to 241 probate year
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,
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
[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.
- 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.
- 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.
- 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)
Nov. 19 1918
W. R. Warren