John Shannon Munn deceased
This is the last will and testament of me John Shannon Munn of St. John's
in the island of Newfoundland, merchant, and I hereby revoke all former
wills made by me,
. I bequeath to my wife Alice Mary Munn absolutely my wines,
full (?) and other consumable household stores, linen, china and glass,
wearing apparel, watches, jewels and personal ornaments.
. I bequeath to my said wife so long as she shall remain my
widow, the use and enjoyment of my plate, pictures and other articles of
household use or moment not hereinbefore bequeathed, and after her decease
or future marriage [which shall first happen] I bequeath the same to my
daughter Elizabeth Shannon Munn.
. I devise and bequeath all the residue of my real and personal
estate onto the Honorable Sir Edgar R Bowring, Knight; and William R. Warren
of St. John's aforesaid, one of his Majesty's Counsel, upon trust that
they or the survivor of them or other of the trustees or trustee for the
time being of this my Will [all of whom are herein called "my trustees"]
shall hold and deal with the same pursuant to the directions and with the
powers hereinafter declared.
. My trustees shall as soon as practicable after my death,
sell call-in and convert into money all such parts of my estate as shall
not consist of money invested in or investments in the business of Bowring
Brothers, Limited or C. G. Bowring and Company, Limited, or in any of the
businesses allied or connected therewith, and shall out of the proceeds
of such sale, calling ins and conversion pay my funeral and testamentaary
expenses and debts and the pecuniary legacies hereby and by codicil hereto
bequeathed and shall invest the clear residue thereof [which together with
the money invested and investments in the businesses hereinbefore mentioned
is hereinafter called "my residuary estate"] in any mode of investments
in which trustees are allowed by law to invest.
. Notwithstanding anything contained in the next preceding
paragraph of this my will I hereby authorize and empower my trustees at
their discretion to invest all or any part of my residuary estate in the
business of Bowring Brothers, Limited or C. G. Bowring & Company,
Limited, or in any of the businesses allied or connected therewith.
. I direct my trustees to pay the following pecuniary legacies
first from the bond hereinbefore mentioned, namely, five hundred dollars
to my former nurse Rose Hewardine, five hundred dollars to my cousin and
godchild Clifford Randall, one thousand dollars to my mother-in-law, Mrs.
J. R. McGowan, five hundred dollars to my aunt Mrs. Herbert Randall.
. My trustees shall collect the income arising from my residuary
estate [hereinafter called "the income"] and shall pay and distribute the
same as follows:- [a]. My trustees shall pay the income to
my wife during her life [b] Should my wife marry again my trustee shall
pay to her the sum of two thousand dollars per year during her life instead
of the income in full.[c] After the death of my said wife, my trustees
shall hold my residuary estate in trust for such of my children living
at my death, and such of my grandchildren living at my death [and being
children of any deceased child of mine], as being male attain the age of
twenty-one years; or being female attain that age or marry, in equal shares
per (?) stripes as tenants in common [d] In the event of my said wife marrying
again my trustees shall accumulate the balance of the income [after payment
of two thousand dollars per annum to my wife] in trust for my children
and grandchildren and shall invest the same with my residuary estate. [e]
My trustees may, at their discretion, apply the whole or such part as they
shall think fit of the income of the share to which any minor shall for
the time being be presumptively or contingently entitled under this my
will in or towards his or her maintenance, education or advancement, or
otherwise for his or her benefit; and my trustees shall accumulate the
unapplied surplus of such income, and such accumulations shall be liable
to be applied in like manner, but, subject to such liability, shall be
added as capital to the share or shares from whence the same have arisen.
. The directions hereinbefore given as regards the investment
of my trust property shall not be construed to mean that my trustees shall
not at any time sell or convert my investments in the business of Bowring
Brothers, Limited, or C. G. Bowring Company, Limited, or any of the businesses
connected therewith, but on the contrary, I direct my trustees to sell
and convert such investments should they deem necessary, wise or businesslike
so to do.
. The said William R. Warren may be employed in his professional
or business capacity by my executors and trustees and shall be paid all
such remuneration for any business done by him in the course of such employment
as he would have been entitled to receive in respect thereof if he had
not been an executor or trustee.
. I appoint the said Honorable Sir Edgar R. Bowring and the
said William R. Warren executors of this my Will. In testimony whereof
I have hereto set my hand at St. John's aforesaid this seventeenth day
of April Anno Domini one thousand nine hundred and sixteen. -John
S. Munn- Signed by the said testator as for his last will and
testament in the presence of us who in his presence and in the presence
of each other have hereto subscribed our names as witnesses
Wm. Collins Robert H. Simmus
Correct Charles H. Emerson
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Nov. 19 1918
W. R. Warren