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A Collection of Newfoundland Wills
(S)
L. Mortimer Smith

 

Will of L. Mortimer Smith
from Newfoundland will books volume 13 pages 442-449 probate year 1926

In re
      L. MORTIMER SMITH.     DECEASED.

I, L. Mortimer Smith, of the City and County of Halifax, Province of Nova Scotia, Merchant, hereby revoke all Wills, Codicils, and other testamentary dispositions heretofore by me made, and declare this to be my last Will and testament.

1st. I give and bequeath to my son Allison Smith my gold watch and chain, my gold finger ring, my silver cup, my silver cigar box, and elephant’s tusk.

2nd. I give and bequeath to my daughter Heloise D. R. Duffis, two Turkish Rugs.

3rd. I give and bequeath to my daughter Heloise D. R. Duffis all my pictures, ornaments, books, and all other articles of virtue contained in my residence No. 111 South Park Street, Halifax in the County of Halifax.

4th. I give and bequeath to the First Baptist Church of this City the sum of Three Thousand Dollars, to be applied in paying off any mortgage that may be on said Church at the time of my decease should there be then none existing, the said amount or the balance over the paying any mortgage less than Three Thousand Dollars that may be on said Church, shall be applied to any of the general purposes of said Church that may be deemed expedient by the duly appointed officers of said Church.

5th. I give and bequeath to the Halifax School for the Blind the sum of One Thousand Dollars.

6th. I give and bequeath to the Halifax Infants Home the sum of One Thousand dollars.

7th. I give and bequeath to the Children’s Hospital situate on Morris Street in the City of Halifax the sum of One Thousand Dollars.

8th. I give and bequeath to the Halifax Dispensary situate on Brunswick Street in the City of Halifax, the sum of Five Hundred Dollars.

9th. I give and bequeath to the Home in the City of Halifax for aged men, the sum of Five Hundred Dollars.

10th. I give and bequeath to the Halifax Poor Association, the sum of Five Hundred Dollars.

11th. I give and bequeath to Acadia University of Wolfville in the County of Kings, Province of Nova Scotia, the sum of Ten Thousand Dollars to be applied to the uses of the said University as may be deemed most fitting by the Governors of the said University.

12th. I give and bequeath to my step-daughter Blanche Ruggles, the sum of Five Thousand Dollars, for her sole and separate use independently of her husband for the time being, and of his debts, control and engagements and her receipt shall be a sufficient discharge for the same.

13th. I give and bequeath all the residue of my estate, both real and personal, whatsoever and wheresoever of, or to which I shall at my death be seized, possessed or entitled, or over which I shall have a general power of appointment, or disposition by will except what I otherwise dispose of by my will or any Codicil thereto unto and to the use of Solon O. Hogg of Halifax in the County of Halifax, Merchant, and my son, Allison Smith, their heirs, executors and administrators, and the Montreal Trust Company a body corporate with head office at Montreal in the Province of Quebec, and its successors and assigns, upon trust, that they the said Solon O. Hogg, and Allison Smith and the said Montreal Trust Company shall as they think best, and in such manner and under such stipulations and upon such terms and conditions and in all respects as they shall in their uncontrolled discretion think fit, sell, collect, or otherwise convert into money, according to the nature of the premises, all such parts of the same premises as shall not consist of money, and may buy in, rescind, or vary any contract for sale or of any other description and resell without being answerable for loss, and may for the purposes aforesaid, or any of them, execute and deliver any necessary deeds or grants or conveyances, and do all such assurances and things as they shall think fit, and shall out of the moneys to be produced by such sale, collection and conversion and all other moneys arising from, or forming a part of my residuary estate pay all my funeral and testamentary expenses, and the succession duties to my estate - and all debts and legacies other than specific legacies bequeathed by this my Will or any Codicil thereto and shall out of the residue of my estate, invest or set aside securities to the amount of Ten Thousand Dollars in the name of the said Solon O. Hogg, Allison Smith and the said Montreal Trust Company, and to hold the same in trust, and the revenue derived from said sum they shall pay to the parents or guardians, during the minority of my grandson, Mortimer Smith Duffus, for his maintenance education and support, until he shall have attained the age of twenty one years. Then my said executors and trustees shall hand over to my said grandson the said sum of Ten Thousand Dollars, or the securities in which the said sum of ten Thousand Dollars were invested; and should my said grandson die before attaining the age of twenty one years then the said principal amount of Ten Thousand Dollars shall revert to and form a part of the residue of my estate.

14th. I further direct the said Solon O. Hogg, Allison Smith, and the said Montreal Trust Company, out of the residue of my estate to invest or set aside securities to the amount of One Hundred and Ten Thousand Dollars in the name of my said executors and trustees and to hold the same in trust, and the revenue derived therefrom shall upon relinquishment of her right or dower in my real estate, be paid to my widow, Florence C. Smith, during her natural life. After her decease, I desire that the said principal amount of One Hundred and Ten Thousand Dollars shall be divided into three equal parts shares two of which shares shall be handed over to my son Allison Smith, one of said shares shall be held by my said executors and trustees for the benefit of my daughter Heloise D. R. Duffis, on the same trusts, terms, and conditions as the three parts out of seven of the residue of my estate is hereinafter left to her.

15th. I further direct the said Solon O. Hogg, Allison Smith, and the said Montreal Trust Company, out of the residue of my estate to invest or set aside securities in an amount sufficient to produce the yearly sum of Two Hundred Dollars, and the said sum of Two Hundred Dollars, I authorize my said executors and trustees to pay yearly to Mrs. Jacob Walton, Widow, at present residing at Kentville, in the County of Kings, Nova Scotia, during the term of her natural life, said payment of Two Hundred Dollars per annum shall be paid in equal quarterly payments, and upon the death of the said Mrs. Jacob Walton, the said securities so set aside shall go into my residuary estate and shall form a part thereof.

16th. I further direct the said Solon O. Hogg, Allison Smith and the said Montreal Trust Company out of the residue of my estate, after paying all my just debts, funeral and testamentary expenses and the succession duties of my estate, and also after paying or providing for the gifts and legacies hereinbefore given by this my will, to divide the then residue of my estate into seven equal parts.

17th. I further direct my executors and trustees to pay, or to hand over securities to my son Allison Smith in a sum which shall equal four of said seven parts or shares into which the said residue of my estate shall, according to paragraph Sixteen hereof, be divided.

18th. And I further direct my said executors and trustees to invest or set aside securities in a sum which shall equal three of the said seven parts or shares into which the said residue of my estate shall according to paragraph Sixteen hereof, be divided the same to stand in the name of the said executors and trustees in trust, and to pay the revenue derived from said three parts or shares to my daughter Heloise D. R. Duffis, during the term of her natural life, for her sole and separate use, independently of her husband for the time being, and of his debts, control and engagements, and her receipts shall be a sufficient discharge for the same, and after the death of my said daughter Heloise D. R. Duffus I direct my said executors and trustees to divide the principal amount of this legacy to my said daughter into four equal parts or shares. And I direct my said executors and trustees to pay the income from three of said parts or shares the whole to be divided into four equal parts or shares to my grandson, Mortimer Smith Duffus the son of my said daughter if he is living at the time of the death of my said daughter, until my said grandson shall attain the full age of twenty-five years, or until my said grandson has married under that age, when the said three three shares shall be paid to him. And I direct my said executors and trustees to pay the income from one of said parts or shares, the whole to be divided into four equal parts or shares to my granddaughter Emily Gray Duffus the daughter of my said daughter Heloise D. R. Duffus, if she is living at the time of the death of my said daughter, until my said granddaughter shall attain the full age of twenty-five years, or until she has married under that age when the said one share shall be paid to her. The shares or portions so devised to my grandson Mortimer Smith Duffus, and to my grand-daughter Emily Gray Duffus shall go to the children then living or afterwards born of my said grandson or my said granddaughter having died in my daughter’s life time as being male has attained the age of twenty one years, or being females, have attained that age or have married under that age, if more than one in equal shares per stirpes so that the children of my said daughter who shall be objects of this trust shall take in the proportions and shares hereinbefore stated, and the children being objects of this trust of any child of my said daughter having died in her life time shall take equally between them the share which the parent would have taken had he or she survived my daughter; and in the event of said Mortimer Smith Duffus or Emily Gray Duffus or both of them dying without leaving issue living at the time of my said daughters decease, so that there is a complete failure of issue or descendants of said Mortimer Smith Duffus or of Emily Gray Duffus or of both of them, then I direct my said executors and trustees to pay over the principal amount that would have come to my said grandson Mortimer Smith Duffus or to my said granddaughter Emily Gray Duffus, or to both of them, to my said son Allison Smith, or if he shall then be dead the said principal amount shall be distributed equally among his children living at the time of the death of my said daughter, who being male shall have attained the age of twenty-one years, or being female shall have attained that age or have married under that age, and to the children then living of any child of my son having died in my daughters lifetime as being male has attained the age of twenty one years or being female has attained that age, or has married under that age if more than one, in equal shares per stirpes so that the children of my said son Allison Smith who shall be objects of this trust shall take in equal shares, and the children being objects of this trust of any child of my said son Allison Smith having died in the lifetime of my said daughter shall take equally between them the shares which the parent would have taken had he or she survived my said daughter, and in the event that any such child being the object of this trust shall not have attained the age of twenty one years at the time of my daughters decease the revenue from its share shall be paid to the guardian or guardians of such child for the maintenance, education and support of such child, and on attaining the age of twenty-one years the principal sum coming to such child shall by my executors and trustees be paid over to such child.

19th. I hereby appoint the said Solo O. Hogg, and my son Allison Smith and the said Montreal Trust Company, the executors and trustees of this my Will.

20th. I hereby will and declare that the trustees for the time being of this my Will may retain any shares or stock in any corporation, or any bond or debenture of any such corporation, or of any public body whatsoever, or any securities or investments whatsoever of which respectively I may be possessed at the time of my death, and that the property so retained and the annual income thereof, shall be held upon the trusts and with and subject to the powers, provisos and declarations herein declared and contained concerning the said trust monies, stocks funds and securities, of which trusts are herein declared and the income thereof.

21st. And I will and declare that the said trustees shall have the fullest power of determining what articles of property pass under any specific bequest contained in this my Will, or any Codicil hereto, and of apportioning blended trust funds, and the determining whether any moneys are to be treated as capital or income and generally of determining all matters, as to which any doubt, difficult or question may arise under or in relation to the executions of the trusts of this my Will, or any codicil hereto. And I declare that every determination of the said trustees in relations to any of the matters aforesaid whether made upon a question formerly or actually raised or applied in any of the acts or proceedings of the said trustees, in relation to the premises, shall bind all persons interested under this my will and shall not be objected to or questioned upon any ground whatever.

22nd. And I direct that my said executors and trustees shall invest such of the residue of my estate as shall be necessary to carry out the trusts of this my Will in the names or under the legal control of them or him, the said executors and trustees for the time being in any security, real or personal, or otherwise and whether the same be a legal investment for trust monies or and may from time to time vary or transpose such investment into or for others of any nature hereby authorized at their or his discretion.

23rd. In the event of the said Solo O. Hogg desiring to continue the business of the firm of A. & W. Smith and Company, I empower my said executors and trustees at their discretion to allow Fifty Thousand Dollars part of my capital in said firm to remain in the said firm as an investment, the said Solon O. Hogg paying interest on the same to my estate at the rate of five and one half per centrum per annum for a period not exceeding five years, when the said sum of Fifty Thousand Dollars shall be repaid to my estate. In the event of the decease or withdrawal of said Solon O. Hogg from said firm, or for any reason which may seem good and sufficient my executors and trustees are instructed to withdraw the said sum of Fifty Thousand Dollars so invested, which shall be reinvested by my said executors and trustees.

In witness whereof, I, the said L. Mortimer Smith, have to this my last Will and testament contained in this and the preceding eleven sheets of paper, set my hand and seal this fifth day of November A D 1921.

L. MORTIMER SMITH (LS)

Signed by the said testator as his last Will and Testament, in the presence of us, present at the same time, who at his request in his presence, and in the presence of each other have subscribed our names as witnesses.

The word “Pay” on page 4 line 3 having first been interlined

      Alfred Whitman
      R. M. Canning

This is a Codicil to the Will of me L. Mortimer Smith of Halifax Province of Nova Scotia bearing date November fifth 1921.

1st. Having made other arrangements I hereby revoke clause 23 of my said Will of Nov 5, 1921 empowering my executors and trustees at their discretion to allow the sum of Fifty thousand dollars part of my capital in business of A & W Smith & CO to remain in said business for the benefit of S.O. Hogg my partner in said business.

2nd. I hereby authorize my executors and trustees to pay to Albert Hubley for many years a valued employee the sum of three hundred dollars per annum in equal quarterly instalments during the term of his natural life.

In witness whereof I the said L. Mortimer Smith have to this codicil of my last Will and testament of Nov. 5, 1921 set my hand and seal this 8th day of March 1922.

L. MORTIMER SMITH.

Signed by the said testator as a Codicil to his last Will and testament of Nov 5 1921 in the presence of us present at the same time who at his request in his presence and in the presence of each of us have subscribed our names as witnesses.

S. M. Nickerson
Cernon P. Mullock

CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat sept
28/26.
Kent J.
Ancillary
Letters granted
to the Montreal
Trust Co.
Oct 6/26.
Estate sworn
at $300.00

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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