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Will of William Ormond, from Newfoundland will books volume 15 pages 146 to 148 probate year 1930
IN RE. DECEASED
I William Ormond, retired Hosiery Manufacturer, residing at Eight Eton Terrace, Millhead, Glasgow, for the settlement of the occasion to my money and estate after my death, do hereby assign, dispens, and bequeath to and in favour of Mrs Kate Fitzsimens Smith or Ormond, my wife, and to Mrs Mary Maud Ormond or Clark, Miss Catherine Ormond, Miss Adelaide Anne Ormond, Miss Victoria Mary Ormond, and Miss Janetta Ormond, my daughters and such other person and persons as may hereafter be nominated by me or assumed into the Trust hereby created and the accepters or accepter survivors and survivor of them (the major number accepting and surviving and resident in Great Britain from time to time being a quorum), as Trustees and Trustee for the purposes aftermentioned and the assignees and dispensers whomsoever of my said trustees and Trustee All and Sundry the whole means and estate, heritable and moveable, real and personal, of every kind and description and wheresoever situated which shall belong to me at the time of my death, including all means and estate of which I may at the time of my death have the power of disposal, apportionment or appointment, with the writs, titles, vouchers and instructions thereof; and I nominate and appoint my said Trustees and their foresaids with quorum as aforesaid to be my executors and executor and also to be Tutors and Curators or Tutor and Curator to any beneficiary under these presents or any codicil hereto during such beneficiary's pupillarity or minority; But these presents are granted in trust, always for the ends, uses and purposes following; In the First Place, for payment of all my just and lawful debts, deathbed and funeral expenses, including the cost of providing suitable Mournings for my wife and such of my family as may be residing with me at the time of my death, and for payment of the expenses of executing the Trust hereby created; In the Second Place, in the event of my wife surviving me I direct my Trustees (first), to delivery to her on my death as her own absolute property, the whole household furniture, furnishings and personal effects, belonging to me in the house occupied by me at the time of my death, (Second), to pay over to her during her survivance and as long as she remains my widow, the free income of the residue of my estate and that half yearly at the terms of Whitsunday and Martianna(?) or at such other more frequent times as my Trustees may find convenient but declaring that out of the said income my wife shall be bound to suitable maintain and upkeep such of my said daughters as are unable to provide for themselves as to which my Trustees shall be the sole judges, and with power to my trustees in the event of their considering the income of my estate insufficient for the suitable fulfilment of this provision to encroach upon the capital for that object; IN the Third place, in the event of my said wife surviving me and entering into a second marriage, then her right to the liferent provision above conceived in her favour shall cease ipse facto, and in that event I direct my Trustees to pay to my said wife during her survivance, one half only of the said free income, and to pay or apply the remaining one half of the free income of the residue of my estate to or for behoof of my said daughters then surviving equally among them, the children or issue of any daughter who may have predeceased leaving children or issue taking equally among them if more than one the share to which their parent would have been entitled if in life; In the Fourth Place, on the death of my said wife or upon my death should she predecease me, I direct my Trustees to pay or apply the whole free income of the residue of my estate to or for behoof of my said daughters and the survivors and survivor of them equally among the survivors if more than one share and share alike the children or issue of any daughter who may have predeceased or who may die leaving children or issue taking equally among them if more than one the share to which their parent would have been entitled if in life; In the Fifth Place, on the death of the longest liver of my said wife and daughters or upon my death should they all predecease me, I direct my trustees to divide the residue of my estate among the children or issue then surviving of my said daughters, the division among such children or issue if more than one, being per stirpes, and failing such children or issue, then in such manner as my last surviving daughter shall direct by any writing under her hand, however, informal; And I provide and declare (First), that the foregoing provisions with regard to residue shall rest only upon the death of the longest liver of my said wife, my said daughters and me, (Second) that wherever in this Deed the term "issue" is used, it should be read and construed as including direct descendants of every degree, (Third), that in the event of any residuary legates hereunder being under the age of twenty one years when the share falling to such legatee becomes payable, my trustees shall hold the share payable to such legatee until he or she shall have attained that age, and until such time my Trustees shall be entitled to apply the income of such share in the maintenance and education or for the benefit of the beneficiary entitled to such share; (Fourth), that the foregoing liferents conferred on my said wife and daughters respectively shall be for their liferent alimentary use only and shall not be assignable by them nor attachable by the diligence of their creditors; (FIFTH), that the provisions hereinbefore conceived in favour of my said wife and daughters shall be in full satisfaction to them of all legal rights competent to them or any of them by and through my death and in the event of my said wife claiming such legal rights she shall thereby forfeit all right and interest under these presents and in the event of any of my said daughters claiming such legal rights she shall thereby forfeit not only for herself but also for her issue all right and interest under these presents; and without prejudice to the powers, rights, privileges and immunities conferred upon gratuitous Trustees by Statute or at Common Law (to all of which including power of resignation my Trustees both original and assumed shall be entitled notwithstanding that they or any of them may be legatees or beneficiaries under this settlement or any Codicil hereto) I authorise my trustees to continue for such time as they may consider proper as approved securities for investment of the trust funds all or any investments which I may hold at the time of my death; And I also authorise my Trustees to appoint any person or persons either from their number or otherwise to be factors or factor and law agents or law agent for the trust, and to allow such factors and law agents the ordinary professional remuneration for their services notwithstanding that they may be Trustees original or assumed under these presents; And in general I empower my trustees to do everything which in their discretion they conceive to be for the interest of my estate; And I revoke all writing of a testamentary nature executed by me at any time heretofore; IN WITNESS WHEREOF these written on this and the three proceedings pages for Anderson, Fyfe, Littlejohn & Co. Solicitors Glasgow, are (under the declaration that the word "payment" occurring in the thirtieth line of page first hereof and the word "event" occurring in the fifteenth line of page second hereof are both party written upon erasure and the words "as including" occurring in the seventh line of page third hereof are delete all before subscription) subscribed by me at Glasgow on the ninth day of April, Nineteen hundred and twenty five, before these witnesses, William Duncan Littlejohn, Solicitor in Glasgow and Thomas Edward Blockster, Apprentice to the said Anderson, Fyfe, Littlejohn & Co.
(sgd) WILLIAM ORMOND
(sgd) Wm. D. Littlejohn Witness (sgd) T. Edward Blockster Witness
William F Lloyd (Signature)
Registrar of the Supreme Court of Newfoundland
Written in the top right-hand margin of page 146:
Page Contributed by Judy Benson & Ernie Kraut & Transcribed by Lenora Cooper
Page Revised by Ivy F. Benoit ( Sunday July 02, 2017 )
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