Will of Leonora Sophia Winter
from Newfoundland will books volume 6 pages 83-92 probate year 1893

Last Will and Testament of
Leonora S. Winter of St. Michael's Parish
Barbados, West Indies
Widow deceased.

      Barbados. I Leonora Sophia Winter of the Parish of Saint Michael and Island of Barbados above said widow, do make this my last will and Testament. I bequeath my Books jewels ornaments of the person wearing apparel and all my personal effects and all my furniture silver plate and plated articles household linen china glass pictures and other household and house-keeping effects unto my daughter Marion Leonora Winter at present residing in the Island of Newfoundland. I direct my executors to apply all money due me at my decease for rents interest or income from any property or source whatsoever and all ready money in bank at my death and also the rents interest and income to accrue for six calendar months after my decease from any and every property or source whatsoever in or towards defraying the expenses of and maintaining and keeping up my household establishment which I direct shall be carried on and kept up for the period (if possible) of six calendar months immediately after my death and in the same manner and for the benefit of the same persons so far as the same is possible as such establishment was being carried on at the time of my death and subject to the payment there out of the aforesaid rents interest and dividends for the period of six calendar months after my decease.

I devise all my property both real and personal in the colony of Newfoundland of which I shall be possessed or entitled to at the time of my decease unto and to the use of my brother in law Doctor John Winter of the Town of St. John's in the Island of Newfoundland aforesaid my nephew Malby Trimingham of the said Parish of St. Michael and Island of Barbados and my son Clifford James Winter of the said Parish of St. Michael and Island of Barbados their heirs and assigns upon trust the said John Winter, Malby Trimingham and Clifford James Winter of the survivors or survivor of them or the heirs executors administrators or assigns of such survivor or other the trustees or Trustee for the time being of this my will (hereinafter referred to as my Trustees or Trustee) shall at such time or times and in such manner as they or he shall think fit sell my said property in Newfoundland with liberty upon every or any sale thereof to make any special or other condition as to title or evidence or commencement of title or to any other matters connected with the sale thereof and to grant defrayment for the payment of the purchase money thereof or any part thereof or to accept such security for the purchase money thereof or any unpaid part thereof as to my Trustees or Trustee shall seem expedient with liberty also to fix reserved biddings and to buy in the premises at any sale by public auction and to rescind or vary either on terms or gratuitously any contract for sale without being liable for any consequential loss and also to execute such instruments and assurances as shall be requisite for effecting and completing the sale of my said property in Newfoundland to any person or persons who may become the purchaser or purchasers thereof or as her or they shall direct

And I declare that any trustees or trustee shall with and out of the moneys produced by the sale of my said property in Newfoundland pay any debts which may at the time of my decease be liens on the same property and the costs of such sale and shall at their discretion invest the residue of the said moneys in and upon good and sufficient real security either in this Island or elsewhere or in the Parliamentary Stock or funds of Great Britain with power for my Trustees or Trustee from time to time at their or his discretion to vary the said investments into or for others of the same or a like nature and shall stand possessed of the residue of the said moneys produced by such sale and the investments for the time being representing the same (hereinafter called the Newfoundland trust funds) Upon the trusts hereinafter declared that is to say I declare that my Trustees or Trustee shall set apart three seventh parts of the Newfoundland trust funds and the annual income thereof (the whole into seven equal parts being considered as divided) and shall stand possessed of the said three seventh parts on the ends hereinafter declared concerning the same

And I declare that my Trustees or Trustee shall stand possessed of one of the said three seventh parts of the Newfoundland trust funds so set apart as aforesaid Upon Trust as to the annual income of the same one seventh part accruing due in the lifetime of my son George Augustus Winter to apply the whole or such portion as my Trustees or Trustee shall think fit of the said income for the personal maintenance and support of the said George Augustus Winter or to pay the same or such portion thereof as they or he shall think fit to any person or persons to be so applied without liability on the part of my Trustees or Trustee to inquire into the application thereof or at the option of my Trustees or Trustee to pay or apply the whole or such portion as they or he shall think fit of the said income for the benefit of his wife or children or other issue for the time being in existence or some or one or more of those objects if any and if none of the persons or some one or more of the persons for the time being entitled to the income of the remainder of the Newfoundland trust funds (after setting apart the said three seventh parts) by virtue of the trusts hereinafter declared concerning the same to the intent that my Trustees or Trustee may be enabled to adapt the disposition of the said income of the same one seventh part to the circumstances for the time being of the said George Augustus Winter and thereby to secure so far as possible his personal enjoyment thereof and prevent the same from becoming the property of his alieners or creditors and as to the income of the same one seventh part of the Newfoundland trust funds to accrue due after the decease of the said George Augustus Winter upon Trust for Elizabeth Clarke Winter the wife of the said George Augustus Winter for her life if she shall so long continue his widow and from and after the decease or second marriage of the said Elizabeth Clarke Winter then as to the capital of the same one seventh part of the Newfoundland trust funds and the annual income thereof to accrue due after the decease or second marriage of the said Elizabeth Clarke Winter In trust for all the children of the said George Augustus Winter who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain theat age or marry, in equal shares and if there shall be only one such child the whole to be in trust for that one child, but in case there shall be no such child of the said George Augustus Winter then the same one seventh part of the Newfoundland trust funds and the annual income thereof to accrue due after the decease or second marriage of the said Elizabeth Clarke Winter shall be divided into six equal parts and two of such equal sixth parts shall be upon the same trusts as are hereinafter declared concerning the others of the said three seventh parts of the Newfoundland trust funds so set apart as aforesaid and the remaining four of such six equal parts shall be upon the said trusts as are hereinafter declared concerning the said remainder of the Newfoundland trust funds (after setting apart the said three seventh parts)

And I declare that my Trustees or Trustee shall stand possessed of one other of the said three seventh parts of the Newfoundland Trust funds so set apart as aforesaid upon Trust to pay the annual income thereof unto my daughter Louisa Sidney Pitcher the wife of the Reverend John James Hough Pitcher for her life and after the death of the said Louisa Sidney Pitcher as to as well the capital as the annual income of the said last mentioned one seventh part of the Newfoundland trust funds In trust for Ethel Louisa Pitcher, Florence Mary Pitcher Leila Pitcher and Ernest Clarke Pitcher children of the said Louisa Sidney Pitcher until the said Ernest Clarke Pitcher attains the age of eighteen years then in trust to pay the said one seventh part of the said Newfoundland trust funds to the said Ethel Louisa Pitcher, Florence Mary Pitcher, and Leila Pitcher who shall attain the age of twenty one years or marry in equal shares and if there shall be only one such daughter the whole to be in trust for that one daughter should the said Ethel Louisa Pitcher, Florence Mary Pitcher and Leila Pitcher die before they attain the age of twenty one years and unmarried the same one seventh part of the Newfoundland trust funds shall be divided into six equal parts and two of such six equal parts shall be upon the same trusts as are hereinbefore and hereinafter next declared concerning the others of the said three seventh parts of the Newfoundland trust funds so set apart as aforesaid and the remaining four of such six equal parts shall be upon the same trusts as are hereinafter declared concerning the remaining four seventh parts of the Newfoundland trust funds (after setting apart the said three seventh parts) and I declare that my Trustees or Trustee shall stand possessed of the other of the said three seventh parts of the Newfoundland trust funds so set apart to pay the annual income thereof unto my daughter Jessie Maria Trimingham the wife of Warwick George Trimingham for her life for her sole and separate use and as to the income of the same one seventh part of the Newfoundland trust funds to accrue due after the decease of the said Jessie Maria Trimingham upon Trust for all the children of the said Jessie Maria Trimingham who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry in equal shares, and if there shall be only one such child then the whole to be in trust for that one child But in case there should be no such children of the said Jessie Maria Trimingham then the said one seventh part of the Newfoundland trust funds and the annual income thereof to accrue due after the death of the said Jessie Maria Trimingham shall be divided into six equal parts and two of such six equal parts shall be upon the same trusts as are hereinbefore declared concerning the others of the said three seventh parts of the Newfoundland trust funds so set apart as aforesaid and the remaining four of such six equal parts shall be upon the same trusts as are hereinafter declared concerning the said remainder of the Newfoundland trust funds (after setting apart the said three seventh parts)

And I declare that my Trustees or Trustee shall stand possessed of the remaining four seventh parts of the Newfoundland trust funds together with any accretions thereto by failure of any of the trusts hereinbefore declared (after setting apart the said three seventh parts) Upon trust to divide the same equally between my daughters and sons Isabella Amelia Winter Marion Leonora Winter Charles Trimingham Winter and Clifford James Winter Provided always that if either of them the said Isabella Amelia Winter, Marion Leonora Winter, Charles Trimingham Winter and Clifford James Winter shall die in my life time leaving a child or children who shall survive me and being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry then and in any such case the last mentioned child or children shall take and if more than one equally between them the share (as well original as accruing under the provisions of this my will) which his her or their parent would have taken under this my will if such parent had survived me But in case the said Isabella Amelia Winter, Marion Leonora Winter, Charles Trimingham Winter and Clifford James Winter shall die in my lifetime without leaving such children as last aforesaid then the share (as well original as accruing under this provision of this my will) which the one of them so dying would have taken had she or he survived me shall be upon trust for the others or other of them the said Isabella Amelia Winter, Marion Leonora Winter, Charles Trimingham Winter, and Clifford James Winter and the said Louisa Sidney Pitcher, George Augustus Winter and Jessie Maria Trimingham and if more than one to be equally divided between them the shares of the said George Augustus Winter, Louisa Sidney Pitcher and Jessie Maria Trimingham under this last limitation being on the same trusts as are hereinbefore declared concerning the three seventh parts of the Newfoundland trust funds so set apart as aforesaid. Provided also and I hereby declare that any female entitled to any property under this my will shall take the same for her sole and separate use free from marital control debts and engagements and that her receipt alone shall notwithstanding coveture be a sufficient discharge for any money

And I declare that my trustees or trustee shall have discretionary authority to postpone the sale of my said real estate in Newfoundland and to permit the same to remain in the same state of investment as to them or him shall seem expedient and that the rents profits and income to accrue from and after my decease of and from such part of my said real estate in Newfoundland shall after payment there out of all incidental expenses and outgoings be paid and applied in the like shares and proportions and upon and for the same trusts and purposes as the interest of the moneys produced by the sale and conversion of the property producing such profits would be payable under the trusts of this my will in case such sale and conversion had actually taken place. But I declare that notwithstanding the postponement of the sale of my said real estate in Newfoundland the same shall for the purposes of enjoyment and transmission be considered as converted in equity from the time of my decease and be transmissible as personal estate accordingly. I declare that the receipts of my trustees or trustee shall exonerate purchasers and others paying moneys to such trustees or trustee by virtue of this my will from all liability in respect of the application thereof and from the necessity of inquiring as to the propriety or regularity of any sale or other transaction purporting to be made under the trusts and provisions of this my will.

I devise all estates vested in me as a Trustee or mortgagee unto the said John Winter Malby Trimingham and Clifford James Winter their heirs executors administrators and assigns subject to the equities and trusts affecting the same respectively but so that the moneys secured by any mortgage shall form part of my personal estate.

And I declare that if the trustees hereby appointed or any or either of them shall die in my lifetime or if they or any or either of them or any future trustee or trustees of this my will shall die or shall desire to retire from or refuse or become incapable to act in the trusts of this my will before the same shall be fully performed then and in every such case it shall be lawful for the continuing trustees or trustee for the time being of this my will or if there shall be no continuing trustee then for the retiring or refusing trustees or trustee or the executors or administrators of the last acting trustee to appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying or desiring to retire or refusing or becoming incapable to act as aforesaid and upon every such appointment the trust premises shall be so transferred as to become vested in the new trustee or trustees either jointly with the continuing trustee trustees or solely as the case may require and every such new trustee (as well before as after the said premises shall have become vested in him) shall have all the powers and authorities of the Trustee for whom he shall be substituted. I appoint the said John Winter, Malby Trimingham and Clifford James Winter to be executors of this my will and I declare that the said Malby Trimingham may by himself or firm act as solicitor for in relation to my estate as to my executors or executor or Trustees or Trustee for the time being and shall be entitled to charge and shall be paid for all business done by him as such solicitor in the same manner as if he had not been an executor or Trustee.

Lastly I revoke all other Testamentary dispositions. In Testimony whereof I the said Leonora Sophia Winter have to this my last will and Testament contained in eight sheets of paper set my hand to the seven preceding sheets and my hand and seal to this the eight and last sheet this sixteenth day of March in the year of our Lord one thousand eight hundred and eighty eight. (Sgd) Leonora Sophia Winter (LS) Signed Sealed published and declared by the Testatrix the said Leonora Sophia Winter as and for her last will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses (sgd) G. Thos. Bowen. (Sgd) Lydia Jane Prince -

Codicil.

Barbados. This is a codicil to the last will and Testament of me Leonora Sophia Winter of the parish of Saint Michael and Island of Barbados above said Widow
which will bears date the sixteenth day of March one thousand eight hundred and eighty eight Whereas by my said will I have declared that the persons or persons (therein and hereinafter referred to as my Trustees or Trustee) shall stand possessed of certain property (therein and hereinafter referred to as the remaining four seventh parts of the Newfoundland trust funds together with any accretion thereto) upon Trust to divide the same equally between my daughters and sons Isabella Amelia Winter, Marion Leonora Winter, Charles Trimingham Winter and Clifford James Winter with certain provisions in the event of either of them dying in my lifetime now therefore in addition to the trusts contained in my said will I do hereby declare that if either of them the said Isabella Amelia Winter, Marion Leonora Winter, Charles Trimingham Winter and Clifford James Winter shall die in my lifetime leaving a husband or wife who shall survive me my Trustees or Trustee shall stand possessed of the share which the one of them the said Isabella Amelia Winter, Marion Leonora Winter Charles Trimingham Winter and Clifford James Winter so dying would have taken of and in this remaining four seventh parts of the Newfoundland trust funds together with any accretion thereto if she or he had survived me Upon trust to pay the income thereof to her or his husband or wife during the life of such husband or wife.

I devise and bequeath my gold mine shares and all other the real and personal property of which I shall die possessed and of which I have not disposed by my said will unto my brother-in-law Doctor John Winter my nephew Malby Trimingham and the said Clifford James Winter the heirs executors administrators and assigns respectively upon the same Trusts as my property in Newfoundland is devised to them in and by my said will but subject to the alteration therein made by this codicil. And in all other respects I confirm my said will.

In Testimony whereof I the said Leonora Sophia Winter have to this a codicil to my last will and Testament set my hand and seal this twentieth day of July one thousand eight hundred and eighty nine. (Sgd) Leonora Sophia Winter (LS) Signed Sealed published and declared by the Testatrix the said Leonora Sophia Winter as and for a codicil to her last will and Testament in the presence of us both present at the same time who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses. (Sgd) G. Thos. Bowen. (Sgd) Lydia Jane Price.

      I certify the foregoing to be a correct copy of the last will and Testament and codicil of Leonora S. Winter deceased

Registrar

(Listed in the margin next to this will the following)
Fiat
F. B. T. Carter
Ch J.
Admn. Cta
granted to
Isabella A.
Winter of
St. John's -
Dated
Ap 21: 1893
Estate
sworn under
$6000.00