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Will of Julianna S. Simms from Newfoundland will books volume 14 pages 174-176
probate year 1928
In re
JULIANNA S. SIMMS.
DECEASED.
THIS IS THE LAST WILL AND TESTAMENT of me Julianna S. Simms, of St. John's,
in the Island of Newfoundland, Widow.
FIRST - I revoke all former wills and testamentary dispositions by me at any
time made and I appoint my brother Frederick W. Hayward and Earl S. Pinsent,
Solicitor the Executors of this my will.
Second - Besides the bequest hereinafter given to my son Frank Hayward Simms I give and bequeath to him all sums of money owing to me by him and all interest
due and to become due in respect thereof.
Third - I give, devise and bequeath my Thirty-two shares in the Bank of Montreal
to be divided as follows, that is to say, Three shares each to the following
persons, namely; - Lilian Maud Rendell, Mina Louise Stirling, Florence Green
Rendell, Gertrude Simms, James Gray Simms, Isabel May Simms, Marion Charlotte
Jackson, Eva Monroe Wilding- Cole, One share each to the following, Muriel
C. Ritcey A. Stanley Harvey and Wilfred Harvey, Two shares each to Frank Hayward
Simms and Charles David Simms and the remaining One share to Robert Henry Simms.
FourthI give devise and bequeath to my said Executors the sum of Ten Thousand
dollars TO HOLD the same IN TRUST to pay the annual income interest, dividends
and profits arising therefrom to my daughter the said Isabel May Simms during
her lifetime or until she should marry.
Fifth - On the marriage of my said daughter Isabel May Simms I give and bequeath
to her such a proportion of the said sum of Ten thousand dollars as will equal
the amount received by any one of my children under the Sixth or residuary
clause of this my Will and the remaining portion of the said sum of ten thousand
dollars to be divided between the following persons in the following proportions,
namely, Eleven-twelfth parts to be equally divided between the following persons,
namely, the said Frank Hayward Simms, Lilian Maud Rendell, Mina Louise Sterling,
Florence Green Rendell, Gertrude Simms, Robert Henry Simms, James Gray Simms,
Isabel May Simms, Eva Monroe Wilding - Cole, Marion Charlotte Jackson, and
Charles David Simms and the remaining one-twelfth part to be equally divided
between the following, namely, Muriel C. Ritcey, A Stanley Harvey and Wilfred
Harvey. Should the said Isabel May Simms die without having married then I
declare that the said sum of Ten thousand dollars shall form a part of the
residue of my estate and be divided in accordance with the terms of the Sixth
or residuary clause of this my Will.
Sixth - All the rest residue and remainder of
my estate of whatsoever nature and wheresoever situate after paying all my
just debts death duties and other taxes (if any) funeral and testamentary expenses,
I give and bequeath to the following persons, namely, Ten eleventh parts to
be equally divided between the said Frank Hayward Simms, Lilian Maud Rendell,
Mina Louise Sterling, Florence Green Rendell, Gertrude Simms, Robert Henry
Simms, James Gray Simms, Eva Monroe Wilding- Cole, Marion Charlotte Jackson,
and Charles David Simms, and the remaining One eleventh part to be equally
divided between the following, namely, the said Muriel C. Ritcey, A. Stanley
Harvey and Wilfred Harvey. In the event of either of the aforementioned parties
dying during my lifetime leaving issue such issue shall take his or her parents
share, if only one the whole to that one; but if either of the said parties
die during my lifetime without leaving issue his or her share shall be divided
equally between the remaining of the above mentioned parties share and share
alike.
Seventh - I declare that my Executors may in their sole discretion retain all
or any of the investments or securities which I may die possessed of and may
in addition invest in or upon any stock funds or security from time to time
Sanctioned by law for the investment of trust funds with power to vary such
investments from time to time for others of the nature aforesaid.
Eighth - No trustee or Executors of this my Will shall be liable for any loss
not attributable.
(a) To his own dishonesty, or
(b) To the wilful commission by him of an act known by him to be a breach of
the trust.
And in particular he shall not be bound to take
any proceedings against a Co-Executor or Co-Trustee for any breach or alleged
breach of Trust committed by such Co-Trustee or Co-Executor.
Ninth - It is my will and desire that my Executor the said Earl S. Pinsent,
being a Solicitor, shall be entitled to make all usual professional charges
for work done by him or any partner of his in relation to the distribution
of my estate or in relation to the trusts of this my Will or any Codicil hereto
in the same manner in all respects as if he were not a trustee hereof, and
in addition to any fees or remuneration he may be entitled to as Executor or
Trustee as aforesaid.
IN WITNESS WHEREOF I have unto set my hand at St. John's,
aforesaid, this 28th day of August Anno Domini One thousand Nine hundred and
Twenty-six.
JULIA S. SIMMS.
Signed by the Testatrix as and for her last Will and Testament in our presence,
who, in her presence and in the presence of each other have hereunto subscribed
our names as witness.
L. M. Devereux
E. S. Pinsent.
CORRECT
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the margin next to this will the following)
Fiat Jan 5th
1928.
Kent J.
Probate granted
to Frederick W.
Hayward and
Earl S. Pinsent
on the 6th day
January 1928
Estate sworn
at $24,855.47
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