NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 9 pages 370-379 probate year 1911

Will of Alexander Marshall

IN RE:   ALEXANDER MARSHALL    DECEASED

This is the Last will and Testament of me Alexander Marshall of Saint John's in the Island of Newfoundland Gentleman and I hereby revoke and annul all former wills by me at any time heretofore made.

1. I give and bequeath unto my sister in law Mary Ann Christian the sum of Four hundred dollars ($400.00)

2. I give and bequeath unto my sister-in-law Sarah Freeman the sum of Four hundred dollars ($400.00)

3. I give and bequeath unto my sister-in-law Eliza Rankin Hudson the sum of Three hundred dollars ($300.00)

4. I give and bequeath unto my sister-in-law Susannah Bryden wife of William Bryden of Pittston Pennsylvania U.S.A. the sum of Three hundred dollars ($300.00)

5 I give and bequeath unto my niece Susannah Prowse (wife of Algernon Prowse) the sum of Three hundred dollars ($300.00)

6. I give and bequeath unto Sarah Jane Garland (wife of Samuel Garland) the sum of Three hundred dollars ($300.00)

7 I give and bequeath unto the Newfoundland Conference of the Methodist Church the sum of one thousand dollars ($1000.00 to be applied in the education of the children of the Ministers of that church residents of this Colony or the children of deceased ministers of that church who have resided in this Colony and which children are residents thereof

8. I bequeath unto the Newfoundland Conference of the Methodist Church the sum of one thousand dollars ($1000.00) to be applied in the education of poor children in this Colony of deceased fathers who were Methodists

9. I bequeath unto the Diocesan Synod of Newfoundland the sum of one thousand dollars ($1000.00) to be applied in the education of poor children in this Colony of deceased fathers who were members of the Church of England in this Colony.

10. I bequeath unto the Directors of the Presbyterian College St. John's, the sum of Five hundred dollars ($500.00) to be applied in the education of poor children in this Colony of deceased fathers who were members of any Protestant denomination

11. I bequeath unto the Christian Brothers of Mount St. Francis, St. John's the sum of five hundred dollars ($500.00) to be applied in the education of poor children in this Colony of deceased fathers who were Roman Catholic

12. I bequeath unto the Methodist Orphanage St. John's the sum of Five hundred dollars ($500.00)

13 I bequeath unto the Church of England Orphanage St. John's the sum of Five hundred dollars ($500.00)

14. I bequeath unto St. Michaels Orphanage Belvidere St. John's the sum of Five hundred dollars ($500.00)

15. I bequeath unto the Dorcas Society St. John's the sum of Five hundred dollars ($500.00)

16. I bequeath unto the Ladies St. Vincent de Paul Society St. John's the sum of Five hundred dollars ($500.00)

17 I give and bequeath unto the surviving children of my late sister Agnes Hosie, wife of Peter Hosie of Glasgow Scotland the sum of one thousand five hundred dollars ($1500.00) to be equally divided amongst them - It is provided however that no part of this bequest will be payable to any son or daughter of said Agnes Hosie not resident within the border of Scotland England or Ireland and only to such of them as are the actual offspring of my said sister and not to stepsons or stepdaughters

18. I will and bequeath to my Executors in trust the sum of Two thousand dollars ($2000.00) for the use and benefit of my grandson Alexander McNab (son of my son William Archibald to be paid to him with accrued interest thereon upon his attaining the age of eighteen years but in the event of his decease previous to that age said legacy with interest shall revert to my general estate for distribution amongst my sons and daughters co-equally.

19. I bequeath unto my son Alexander the following Railway Bonds namely. Two Bonds in the St. Paul Minneapolis and Manitoba Railway of one thousand dollars each (Consolidated 4 % 1933) one Bond in the St. Paul and Sioux City Railway Company of one thousand dollars (1st 6 % 1919) one Bond in the Chicago St. Paul Minneapolis and Omaha Railway Company for one thousand dollars (6 % 1930) Two Bonds in the Chicago Rock Island and Pacific Railway Company for one thousand dollars each (General 4 % 1988) and Eight Bonds in the Chicago Milwaukee and St. Paul Railway Company C and P.W. division for one thousand dollars each (1st. 5. 1921)

20. I give and bequeath to my Executors (hereinafter named) all and singular my land situate on Rennie's Mill Road purchased by me from W. P. Walsh and A. F. Goodridge together with the Dwelling House and all buildings and erections thereon to hold the same in trust for the sole and separate use of my wife Rebecca G. Marshall during her lifetime or until she shall re-marry and on the death or remarriage of my said wife the land and property shall form part of my residuary estate or final settlement and be divided in accordance with the apportionment of the residuary clause of this my said will, that is to say Clause No 26 This bequest is subject however to the condition that so long as my wife occupies the said Dwelling House and property she shall defray the costs of the annual upkeep thereof and shall also insure and keep insured the said Dwelling House in the sum of at least Ten thousand dollars and shall pay the annual premiums thereof It is my will that my wife so long as she shall live and remain unmarried shall be at liberty to lease the said Dwelling House and property and to receive the proceeds thereof for her sole use after making due provision thereout for the payment of the cost of all needful and necessary repairs taxes and assessments and premiums of Fire Insurance.

21. I give and bequeath unto my wife for her sole and separate use all and singular my household furniture and effects of every description contained in my said Dwelling House including jewels plate and pictures and also horses and carriages sleighs carts cattle harness stable furniture and fittings.

22 I also give and bequeath unto my wife the sum of Eight thousand dollars ($8,000.00) for her sole and separate use.

23. I give and bequeath unto my executors (hereinafter named) all the British Consolidated stock of which I shall die possessed upon trust to receive and pay unto my wife the interest arising therefrom in quarterly payments during her natural life or until she shall remarry it being my intention so long as my wife survives and during her widowhood that the said Consolidated Stock shall remain intact to produce an income for her support and maintenance And should there be any Probate duty Government taxes or any other expenses incurred in connection with the said Consolidated Stock such duty taxes and expenses shall be made a charge on and be paid out of my general estate before the first residuary division shall be made After the decease or remarriage of my wife the said Consolidated Stock shall be divided amongst my sons and daughters (children of deceased parents taking the share of such parents) in the same manner and in accordance with the apportionments hereinafter to be made and provided for in Clause No 26 in relation to my residuary estate.

24 I will and bequeath to my Executors in trust all that land and property situate on the West side of Rennies Mill Road recently purchased by me from late Kate Scanlan and at present occupied by my son Alexander as per agreement dated the 6th January 1906, said property to be held by my Executors during the lifetime of my wife Rebecca Garland and the income or rent of same as hereinafter provided shall be paid to her as received by them It is also my wish and it is hereby provided that said property shall be kept insured by my Executors in a sum not less than Three thousand five hundred dollars ($3500.00) and that the premiums of such insurance shall be deducted from amount of rent before payment is made to my wife I also will and direct that upon the death of my wife said property shall be sold and proceeds of same shall be divided amongst my sons and daughters as provided in Clause No. 26.

25. I give and bequeath unto my two sons John Charles and William Archibald all and singular my land situate on the Southside of Water Street in the town of Saint John's purchased from W. B. Grieve together with the shops stores warehouses and all buildings and erections thereon as joint owners, that is to say that they shall hold the same equally and shall divide the rents issues and profits arising therefrom between them but subject nevertheless to the following condition, that is to say, that if either of my said sons should at any time desire to dispose of his interest in the said property then the other son having an interest in the same shall have the preemptive right to purchased such interest at a fair valuation but such valuation is not to exceed for the whole property the sum of Thirty thousand dollars ($30,000.00) less Five hundred dollars ($500.00) per annum for shrinkage and depreciation from the date hereof until the date of such sale And in the event of such other son (who has an interest in said property) not wishing to exercise his pre emptive right to purchase such interest of his brother their my other sons or either of them shall have the same preemptive right to purchase such interest and on the same terms.

26. All the rest residue and remainder of my estate of whatsoever nature and wheresoever situate I give and bequeath unto my Executors upon trust for the following purposes that is to say to realize and convert the same into money with all convenient speed and upon such realization to distribute and apportion the same in the following manner and shares namely. To my daughter Agnes Elizabeth P. Pearson (wife of John Pearson) one tenth part of such residue and to my daughter Maud Julia Bryden (wife of John P. Bryden of Carbondale Pennsylvania U.S.A.) one tenth part of such residue Subject however to the terms of the trust and provisions contained in the following clause of this my will and to divide and distribute the remainder of such residue equally between my sons, the children of a deceased son taking their father's share It is to be understood however that any loan or advances made by me to my sons John Charles and William Archibald carrying on business under the firm of "Marshall brothers" is or are to be taken over co-equally by them at full face value and shall be considered as part and parcel of their respective shares of the said residue that is to say Provided the said shares or apportionment exceeds the amount of said loan or loans, and if the said loan or loans should exceed the said shares or apportionment then the excess or difference shall be payable by them the said John Charles and William Archibald to my executors for distribution as herein provided and this proviso is to hold good regardless of business losses or other contingencies.

27. As regards the apportionment made to my daughters in the foregoing residuary Clause No 26 I hereby appoint my said Executors (hereinafter to be named) as Trustees of such fund or funds and I direct that they shall deposit the amount thereof at interest in one or more reliable Banks in this Colony in Canada or in England or shall invest the same in Newfoundland Government Debentures as they may deem expedient without being liable for loss on account of such deposit or investment and shall hold such apportionment in trust for my said daughters for a period of three years from the date of my decease paying the annual interest thereon to my said daughters in the meantime and after the expiration of the said period of three years the principal sum payable to each of my said daughters shall be transferred or paid over to them If either of my said daughters shall die before the expiration of the said period of three years or before the payment to her of the said principal sum, the said principal sum and the unpaid interest thereon if any shall at the termination of the said period of three years be paid to her children share and share alike but in case she shall leave no issue her proportion or the said principal sum shall be equally divided between her brothers and sister share and share alike. If at any time during the said period of three years after my decease the interest upon the shares of my said daughters shall not amount to the sum of Six hundred dollars ($600.00) each per annum then my said Executors or Trustees - if either of my said daughters be a widow - shall be at liberty to pay yearly to such daughter for her support such part of the principal of her share as with the interest shall make up the sum of Six hundred dollars.

Lastly I nominate and appoint my sons John Charles, William Archibald and Alexander and my friend in Honourable Henry J. A. Woods Executors of this my Last will and Testament. And I give and bequeath unto my said sons John Charles William Archibald and Alexander the sum of seven hundred and fifty dollars ($750.00) each, and unto the said Honourable Henry J. B. Woods the sum of One thousand dollars ($1000.00) upon the condition that they and each of them shall accept the same in full satisfaction and discharge of any right or claim by them for compensation for services as my Executors In witness whereof I have hereunto subscribed my name at St. John's in the Island of Newfoundland this thirtieth day of June Anno Domini one thousand nine hundred and eight Alex-er Marshall Signed published and Declared by the said Alexander Marshall as and for his Last will and Testament on the date above written in the presence of us (the subscribers) who in the presence of the Testator and of each other have hereunto subscribed our names as witnesses the Testator having first in our presence as aforesaid subscribed his name to the first ten pages of this will as well as this the Eleventh and finall page thereof F. A. Mews Barrister & John R. Simms Accountant St. John's

This is a Codicil to my Last will and Testament hereinbefore written

Firstly Save and except as to the change in my Executors now hereby made by me. I confirm and republish my said Last will and Testament hereinbefore written

Secondly I hereby annul and cancel the appointment of my son John Charles Marshall as one of my Executors and I also annul and cancel the bequest to him of seven Hundred and Fifty Dollars which was devised as remuneration for services as such Executor And I confirm the appointment of my sons William Archibald and Alexander and my friend Henry J. B. Woods as such Executors as aforesaid to whom I commit the execution and administration of all the Trusts created under the said hereinbefore written will

In witness whereof I have hereunto subscribed my hand this twentieth day of November A.D. 1908 Alex Marshall Signed published and declared by the said Testator as a Codicil to his Last will and Testament in the presence of us who in the presence of the said Testator and of each other have subscribed our names as witnesses hereto Alex J W McNeily J A W W McNeily

This is a further Codicil to the Last will and Testament herein before written and made and published by me I hereby declare that by this present instrument of Codicil I do hereby reinstate and restore my son John Charles Marshall to the office of Executor of my will and to the remuneration and emolument appurtenant thereto as set forth in the final paragraph of my said will commencing "Lastly" on page 10 of the said instrument. I hereby revoke annul and cancel the Codicil heretofore made by me dated the 20th day of November A.D. 1908 I do hereby confirm and republish my said hereinbefore written will dated the 30th day of June A.D. 1908 in all its integrity and entirety as if no Codicil or alteration had ever since the making of said will been executed by me. And I now declare that the said will unaltered and unaffected by any intervening act or instrument of mine is my true Last will and Testament In witness whereof I have hereunto subscribed my hand this tenth day of August in the year of Our Lord One Thousand nine Hundred and nine. Alex. Marshall Signed published and declared by the said Testator as a Codicil to his Last will and Testament and republication of the said will in the presence of us who in the presence of the said Testator Alexander Marshall and in the presence of each other have subscribed our names as witnesses hereto Alex J W McNeily of St. John's Solicitor J A W W McNeily of St. John's Solicitor.

Certified correct,
D. M. Browning
Registrar
(Listed in the margin next to this will the following)
Fiat Dec. 5/11 C. J. Probate Dec. 19. 1911 granted to J. C. Marshall W. L. Marshall Alex Marshall and Hy. Jos. Moores Estate sworn at $445,542.06

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