NL GENWEB

Transcribed by GEOFF MARTIN
While I have endeavored to be as correct as humanly possible, there could be some typographical errors

 

 

Will of Fanny Jane Bastow

Seven page item from the Supreme Court of  Newfoundland

Obtained June 2004

Most of the information was already typed with only a small amount of handwritten material.
 

Page One:

In the Supreme Court

In re:

 

            Signature for FANNY JANE BASTOW, late of  St. Johnís, Widow,

 

                                                                                    deceased

 

OATH OF EXECUTOR

 

Probate granted to The Eastern Trust Co

on the 2nd day of April

A. D. 1940

 

Value of Estate $ 18, 566.65

 

Volume 10  Folio 58

 

Page Two:

 

In the left margin by points 1, 2 and 3 is written Fiat, WH Howard then looks like initials C. J. and then a date of Apl 1/40

 

To the HONOURABLE THE Supreme Court of Newfoundland or one of the honourable the judges thereof

 

The PETITION of THE EASTERN TRUST COMPANY, a body corporate with its head office at Halifax, in the Province of Nova Scotia, and having an office in St. Johnís, in the Island of Newfoundland,

 

HUMBLY SHEWETH, that:

 

1.         FANNY JANE BASTOW, late of St. Johnís, in the Island of Newfoundland, Widow, deceased, died at that place on or about the 17th day of March, A. D. 1940, having previously made her last Will and Testament, wherein she appointed Your Petitioner the Executor thereof.

2.         Said deceased at the time of her death left her surviving as next-of-kin the following children:- Herbert, Hugh, Emma Isabel Crocker, William, Marjorie Mitchell all of St. Johnís, Newfoundland, and Leslie of Winnipeg, Manitoba.  

3.         The said deceased at the time of her death was possessed of property within the jurisdiction of this Honourable Court of the probable value of $18, 566.65. 

4.                  The paper-writing hereto annexed marked ďAĒ is the said last Will and testament of the deceased proved upon affidavit of Charles E, Hunt, one of the subscribing witnesses thereto.

5.                  The paper-writing hereto annexed  marked ďBĒ is a correct and true Inventory and valuation of the estate and effects of the said deceased at the time of her death so far as Your Petitioner can at present ascertain.

6.                  Neither Probate of any Will nor Letters of Administration to the Estate of the said deceased have been applied for by or granted to any person. 

Your petitioner therefore prays that this Honourable Court or Your Lordship shall be pleased to grant to them Letters of Probate of the saif last Will and testament of the said deceased. 

And Your Petitioner, as in duty bound, will ever pray, &c.

Dated at St. Johnís this 1st day of April (March was typed in but it was scratched out and April written above), A.D. 1940.

                                                            Undecipherable signature

                                                            Acting Manager

                                                            The Eastern Trust Co.              

Page Three:

 

At the center top of the page is ďAĒ and  stamped over it is

 

The document ?????

referred to in this

Petition of The Eastern Trust Co.

For Probate

Dated April 1/ 1940

Simon Butler

Clerk

 

THIS IS THE LAST WILL AND TESTAMENT of me, Fannie Jane

                                                                        Bastow, of St. Johnís

In the Island of Newfoundland, Widow.

1.      I appoint the Eastern Trust Company sole Executor of this my last Will and Trustee thereunder.

2.      (a) I bequeath to my daughter, Marjorie Mitchell, my Piano also Lounge and my Diamond Ring and pearl Necklace;

(b) I bequeath to my daughter, Emma Isabel Crocker, my Rosewood Work-Table;

(c) I bequeath to my son, Herbert, my Dining Table;

(d) I bequeath to my son, Hugh, my Morris Chair and Straw Chair;

(e) I bequeath to my son, William, two upholstered chairs and my Parlor Table;

(f) I bequeath to my son, Leslie, my Red Plush Chair.

3.      I bequeath to my grandson, Gordon Oates Bastow, my gold watch.

4.      I bequeath to my two daughters, Marjorie Mitchell and Emma Crocker my wearing apparel to be divided equally between them.

5.   (a) I direct that the remainder of my household furniture not referred to above, silverware, chinaware, and other household effects be sold by my Executors as soon as convenient after my death and that the nett proceeds thereof after deducting the cost of such sale and other necessary expenses in that connection be divided equally between my children living at the time of my death.  If any child or children should predecease me and leave issue then and in such event the child or children of such child or children predeceasing me shall receive the share of each deceased parent. 

 

Page Four

                        (b) My Executors are hereby empowered to divide the said furniture, silverware, chinaware and other household effects or any portion thereof among my said children in kind if it is the unanimous wish of my said children that the distribution be made in whole or in part in kind.

6. I bequeath all moneys in Bank to my Executors in trust for the following purposes:

(a) To pay thereout all my just debts, funeral and testamentary expenses including death duties;

(b) To withdraw therefrom and to hold in trust the sum of One hundred dollars ($100.00) to be expended from time to time for the upkeep of the family plot in the General Protestant Cemetery in St. Johnís;

(c) To withdraw therefrom and to hold in trust the sum of One thousand dollars ($1000.00) which amount shall be invested by my Executors in some security or securities approved by them and to allow the said fund to accumulate until the eldest of my grandchildren shall reach the full age of twenty-one years whereupon there shall be paid to such grandchild the sum of One hundred dollars ($100.00) together with such accrued interest and thereafter to pay each grandchild as he or she shall come of age the sum of One hundred dollars ($100.00) together with accrued interest. 

(d) To withdraw thereform and to hold in trust the sum of One hundred dollars ($100.00) for each grandchild who may be born as from the date of this my Will to the date of my death and to add such sum or sums to the fund referred to in sub-paragraph © of this paragraph of my Will and to pay same with accrued interest thereon to my grandchild or grandchildren upon reaching the age of twenty-one years.

Page Five

              (e) if any grandchild referred to in this paragraph of my Will shall not reach the age of twenty-one years then his or her share shall go to and be divided equally among the surviving grandchildren.

(f) Any balance remaining after payment of the said expenses and bequests referred to in the several subparagraphs of this paragraph of my Will shall be paid to my two daughters Marjorie Mitchell and Emma Crocker in equal parts share and share alike.

7.   I direct my Executors to sell the house, land and garage on Cornwall Avenue now occupied by me and to divide the nett proceeds of the sale thereof among my children Herbert, Hugh, William, Leslie, and Marjorie in equal parts share and share alike.

8.   (a)  I will and bequeath all other lands, houses and properties of which I shall die possessed to my Executors in trust to manage same and collect the rents thereon and to pay same less necessary costs and expenses annually to my said children, Herbert, Hugh, William, Leslie and Marjorie with the proviso that upon the death of any child, his or her share of same shall go to his or her child or children, if any, and if any child shall die without issue then and in such event his or her share shall go to the others of my children mentioned in this paragraph of my Will.

(b) My Executors are hereby empowered to expend from time to time such sums as may be necessary to keep any building or property in reasonably good repair.

(c)                My Executors are expressly empowered to sell any property which in their opinion can be sold to the advantage of my estate or of my children and, in particular, any property which because of depreciation may not be held in their opinion to the advantage or benefit of my estate or of my children.

9.      It is my desire that the lands, houses and properties referred to in paragraph 8 of this my Will be not sold but that they shall provide an annual income for each of the children named in the said paragraph.  If at any time it is desireable and expedient in the opinion of my Executors and in the interests of my estate and of my said children to sell or dispose of the said lands, houses and properties or any portion thereof my Executors are hereby expressly empowered to do so and upon such sale the nett proceeds thereof shall be divided in the same manner as are the rents thereof.

10.   My daughter, Emma Isabel Crocker, Having been given certain land during my lifetime, I have not included her in the bequests in paragraph 7 and 8 of this my Will. 

11.   I will and bequeath my shares in the Standard Manufacturing Company Limited and in the Avalon Telephone Company Limited to my son, Leslie Bastow, for his sole and absolute use and benefit. 

12.    (a)  I will and bequeath all the rest residue and remainder of my estate to my Executors in trust to manage same and to pay the annual revenue therefrom to all my children in equal parts share and share alike with the proviso that if any child shall die leaving issue then his or her share shall go to his or her children but if any of my children shall die without issue then his or her share shall go the others of my children.

(b)    Nothing herein shall prevent my Executors in their discretion  from realizing all the rest and residue of  my estate  or any portion thereof and dividing the proceeds thereof among my children. 


 

Page 5 contíd

 

     WITNESS my hand at St. Johnís this 14th day of May A.D. 1936.

     SIGNED PUBLISHED AND DECLARED

     By the said Testatrix as and for her   )

     last Will and Testament in the presence         )

     of us both present at the same time who       )

     at her request in her presence and in )        Fanny Jane Bastow  LS

     the presence of each other have here-          )

     unto subscribed our names                           )

     Chas E Hunt            LS                                )

     James Higgins        LS                                 )

 

Page six is Exhibit B and is the inventory and valuation of property form

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