Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be
some typographical errors
Newfoundland will books volume 7 pages 494 to 496 probate year 1905.
Will of Charles Muir|
In re: CHARLES F. MUIR. DECEASED.
I Charles F. Muir of St. John’s in the Island of Newfoundland, marble worker do hereby revoke all former wills and testamentary dispositions made by me and declare this to be my last will and Testament I appoint Robert C. Smith of St. John’s accountant and Martin O’Flannigan, draper of St. John’s hereinafter called "my Trustees" to be the executors and trustees of this my will
I bequeath the sum of four hundred dollars to my sister Isa.
I bequeath to Edward Scandrett the sum of sixty dollars in trust for his daughter Edith and he shall have power to apply the said sum and the accumulation thereof as he may think best for the advancement and preferment of his said daughter Edith.
I devise and bequeath all my personal and real estate not hereby otherwise disposed of onto "my Trustees" upon trust that "my Trustees" shall sell, call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the moneys produced by said sale calling in and conversion, (?)zd with funds out of my ready money pay my funeral and testamentary expenses and debts and the legatees bequests by this my will or any codicil hereto and shall invest the residue of the said moneys with power to my "trustees" from time to time to convey such investments and shall stand possessed of the said residuary trust & assets and the investments for the time being representing the same hereinafter called the "Residuary Trust Fund" upon the trust following that is to say, In trust to pay the income thereof to my wife, Janie(?) for her support and maintenance during her lifetime and at her death to be divided amongst my children provided the youngest shall have attained the age of twenty one years In case ??? of the death of my wife Janie(?) before the coming of age of my youngest child my "trustees" shall act as guardians until the youngest shall attain the said age of twenty one years, at that period they shall divide my estate evenly between my surviving children reserving to themselves the right which is herewith upon them to postpone the division for a period not exceeding three years should they in their discretion see fit (and that my trustees shall if in case of an emergency have the right to expend part of the principal to my children or wife and I also declare that my "trustees" may if they think fit manage and carry on the business now carried on by me and may postpone the sale and conversion of my real and personal estate or any part thereof so long as they shall think fit, and the profits derivable from the carrying on of the said business and the real profits and incomes to accrue from time to time after my decease and from such part of my estate as shall from time to time remain unsold and unconverted be paid and applied to the persons and in the manner in which the income of the moneys produced by such sale and conversion would for the time being be payable or appointed under this my will if such sale and conversion had been actually made. And I also declare that if the trustees herein appointed or any of them that die in my lifetime or go to reside abroad or shall desire to retire from carrying out the trusts of this my will before the same should be fully performed then and in every such case, it shall be lawful for my said wife during her life and after her decease for the then continuing trustee for the time being to appoint any other person to be trustee of and in the place of the trustees so dying or going to reside abroad or deciding to retire and upon every such appointment the trust premises shall be so transferred as to become vested in the new trustee either jointly or solely as the case may require and every such new trustee shall have all the powers and authorities of the trustee for whom he shall be substituted (and I hereby declare that the legacies hereinbefore bequeathed to my sister Isa, and Edward Scandrett interest shall not be paid by my trustees for a period of two years from the date of my decease and that the said legacies shall not bear interest in the meantime.
Dated at St. John’s this 19th day of April A.D. 1905. Charles F. Muir
Signed published and declared by the said Testator as and for his last will and testament in our presence who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
John J. Tap(?). George F. Carty.
I certify the foregoing to be a correct copy of the last will of Charles F. Muir
D. M. Browning
(Listed in the Margin next to this will the following)
Robt. C. Smith
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