Will of William Punton
from Newfoundland will books volume 1 pages 480 to 483 probate year 1846
William Punton deceased.
I William Punton of the firm of Punton and Munn Merchants Harbour Grace Newfoundland and presently at Ardrossan in the County of Ayr Great Britain having resolved to make the following settlement of my affairs and having full confidence in the integrity and ability of the persons after named for executing the Trust hereby reposed in them have assigned and disposed as I do by these presents under the burdens provisions and reservations and with the powers and faculties after mentioned, give, grant, assign and dispose to and in favour of Walter Bain Junior Esquire present Provost of Greenock, Matthew Orr Esquire, Shipowner, there, William Tarbey Esquire, Merchant India Buildings, Liverpool, Kenneth McLea Esquire of the firm of James and William Stewart, Merchants, Newfoundland, and James Baillie Esquire of Her Majesty's Customs Saint John's Newfoundland, or the acceptors or acceptor, survivors or survivor of them (the major part accepting and surviving at the time being a quorum as Trustees for the ends uses and purposes after mentioned and to their assignees All and sundry lands and heritages goods and gear debts and sums of money and in general the whole means estate and effects heritable and moveable real and personal of what kind or nature soever or wheresoever situated presently belonging and addebted or which shall belong and be addebted to me at the time of my decease and particularly without prejudice to the generality foresaid my share and interest in the business carried on at Harbour Grace Newfoundland under the foresaid firm of Punton and Munn together with the whole vouchers and instructions writs titles and securities of and concerning my said estate and effects and all that has followed or may be competent to follow thereon But in trust always for the ends uses and purposes after mentioned, viz.
In the first place for payment of all my just and lawful debts, sickbed and funeral charges and the expense of executing this trust,
secondly for payment to the Treasurer of the Kirk Session of the Parish of Ardrossan of Fifty pounds sterling for relief of the poor of said parish, to the Treasurer of the Kirk session of the Parish of Stevenston of fifty pounds sterling for relief of the poor of said Parish of Stevenston, said sums to be distributed to the poor of said parishes agreeably to the directions of their respective Kirk sessions and to the Trustees of the Wesleyan Mission at Harbour Grace, Newfoundland aforesaid for relief of the Wesleyan Missionary Society Fifty pounds sterling to be applied as the said Trustees of said Mission may judge proper said several sums to be paid as soon as my said Trustees are in possession of the necessary funds,
Thirdly I appoint my said Trustees as soon as convenient after my death to deliver the following articles to the persons after named to whom I hereby leave and bequeath the same, viz. my gold watch to my partner John Munn at Harbour Grace aforesaid, my silver watch of which the said John Munn is at present in possession to his brother Archibald Munn and any trinkets belonging to me to my sister Ann Punton,
Fourthly I farther appoint my said Trustees during the lifetime of James Punton my brother to pay over the following annuities, viz. to my said brother James Punton Eighty pounds sterling yearly, to my sister Ann Punton eighty pounds sterling yearly, to my cousin Jean Thomson in Saltcoats eldest daughter of William Thomson Merchant and shipowner there twenty pounds sterling yearly, and to her sister and my cousin Elizabeth Thomson daughter of the said William Thomson twenty pounds sterling yearly payable said annuities half yearly at Whitsunday and Martinmas after my death commencing the first terms payment as at the first terms of Whitsunday or Martinmas that may happen thereafter, and
fifthly I appoint my said Trustees as soon as convenient after the death of the said James Punton and after all necessary debts and expenses are paid to themselves of said trust estate and to pay and deliver over the residue thereof as follows, viz. three fifth parts or proportions thereof to the said Ann Punton my sister and her heirs and assignees and the remaining two fifths parts or proportions thereof to my cousins the said Jean Thomson and Elizabeth Thomson equally between them and their heirs and assignees with full power to the said Trustees in the exercise of this Trust and immediately after my death to enter into the possession of the said Trust estate and effects to call and sue for uplift and receive the rents, mails and duties, interests and annual profits of the same, and to grant discharges thereof which shall be as valid and effectual to the receivers as if granted by myself as also with power to them to output and input tenants and to grant subtachs or leases of the heritable property hereby conveyed as to said Trustees shall seem proper And with special power to the said Trustees to compound transact and agree or to submit and refer any questions or differences that may arise between them and any other persons or persons in relation to the said trust estate and effects or any debts or claims which any person may have or charge against me or my said estate or which the said Trustees may have or make against others, all which transactions and submissions with the decrees arbitral to follow thereupon shall be valid and effectual with full power also to the said Trustees to sue for, uplift and receive the principal sums of the debts heritable and moveable hereby conveyed and byegone interest due thereon to discharge or assign the same and renounce or the securities held therefor And further with full power to said Trustees as soon after my death as they may think proper along with my partner John Munn to wind up the business of the foresaid concern of Punton and Munn carried on at Harbour Grace Newfoundland and of which I am a partner to pay off the debts due by said concern including a debt of Seven hundred pounds sterling contained in a promissory note of this date due to my sister Ann Punton and for which she is to receive five per cent per annum of interest till paid and to receive payment of all the debts due to said concern and to sell and dispose of the whole stock in trade of said concern and to receive and discharge my share or proportion thereof as also to sell and dispose of all or any part of the said trust estate and effects in such lots and portions as my said Trustees shall consider most advantageous And that either by public coup or private bargain upon such advertisements and if by public coup after such prorogations and adjournments as to them shall seem proper, and for that purpose to enter into articles of Koup and Minutes of Sale to grant dispositions containing procurators of resignation precepts of Sasine clauses binding my heirs and successors in absolute warrandice and other usual clauses and to execute all and whatever other deed or deeds may be necessary for rendering the said sale or sales effectual in the same manner and as amply as I could have done myself declaring that the person or persons who as debtors or purchasers aforesaid shall pay to the said trustees any sum or sums of money shall noways be concerned with the application with the same or any of the conditions or provisions hereof but shall be sufficiently exonered by the simple receipts and discharge of the said Trustees with power to the said Trustees to appoint factors either of their own number or other fit persons for uplifting the rents and profits of my said heritable and moveable estate principal sums and annual rents of the debts hereby conveyed and the other subjects of the said trust and to allow such factors suitable gratifications for their trouble and further I do hereby nominate constitute and appoint the said Trustees to be my sole executors and intromitters with my moveable estate and effects, with power to them to give up inventories thereof to confirm the same and to do everything competent to the office of executors declaring that the said Trustees shall not be liable for missions errors or neglect of management nor singuli in solidum but that each shall be liable for his own actual intromissions only and that they shall not be farther liable for any factor or factors whom they may appoint than that such factor or factors are habit and repute responsible at the time of the appointment and I hereby revoke and annull all former settlement executed by me reserving not only my own life rent of the estate and effects heritable and moveable real and personal before conveyed, but also full power at any time of my life and even on deathbed to alter innovate or revoke these presents in whole or part as I shall think proper, but declaring that the same in so far as not altered or revoked by me shall be a valid and effectual deed though found lying in my own repositories or in the custody of any other person to whom I may intrust the same undelivered at the time of my death with the delivery whereof I have dispensed and hereby dispense for ever And I consent to the registration hereof in the Books of Council and Session or others competent therein to remain for preservation and for that effect constitute James Moncrieff, Esqr. Advocate, my procurators &c.
In witness whereof these presents written upon this and the two preceding pages of stamped paper by Hugh Orr Clerk to William Howes Orr, Writer in Saltcoats, are subscribed by me at Ardrossan aforesaid the ninth day of May eighteen hundred and forty three years before these witnesses the said William Bowes Orr and Alexander Hunter his apprentice (signed) William Punton, W.B. Orr, witness, Alexander Hunter, Witness.
D. M. Browning