In re: GEORGE HUTCHINGS. DECEASED.
This is the last will and testament of me George Hutchings of Saint John's in the Island of Newfoundland, Gentleman. I give and devise to my daughter Mary Hutchings and her heirs all that messuage of dwelling house and premises situate in the town of Saint John's on the south side of Water Street bounded on the South West by the premises of Mr. Thomas Williams and on the North East by the premises of William Branscomb being the premises which formerly belonged to my brother in law Monier Williams upon trust that she the said Mary Hutchings her heirs and assigns do and shall stand and be seized and possessed thereof to for and upon the several trusts hereinafter declared of and concerning the same, that is to say, upon trust that she the said Mary Hutchings do and shall have take and receive the rents issues and profits thereof to and for her own sole use and benefit during the term of her natural life and upon and immediately after her decease in trust for such lawful child or children of the said Mary Hutchings their heirs and assigns as she by any deed, will or other Instrument in writing duly executed may direct or appoint and in default of such appointment in trust for such child or children of the said Mary Hutchings lawfully begotten as may then be living their heirs and assigns for ever
And in case there should be no such child or children of the said Mary Hutchings in trust after her decease for Ann Williams Carter my daughter, wife of Robert Carter of Ferryland her heirs and assigns for ever, or in case of her dying before the said Mary Hutchings and there being no child or children of the said Mary Hutchings, then upon the death of the said Mary Hutchings in trust for such lawful children of the said Ann Williams Carter as shall then be living their heirs and assigns for ever, or in case there should be no such children of the said Ann Williams Carter then in trust for such person or persons as would be entitled to the residue of my personal estate under this my will.
I give and bequeath to my four daughters Jane Stiles the wife of George Proctor, Ann Williams the wife of Robert Carter, Mary, and Hannah McKillop the wife of Thomas Bennett, all the debt that at the time of my decease may be due to me from Thomas Proctor of London, Merchant, brother of the said George Proctor out of which they shall pay my grand daughter Eliza LeMessurier the sum of forty pounds. And as to all other my lands plantations messuages tenements hereditaments and chattels real wheresoever situate of which I may die seized possessed or entitled to I give devise and bequeath the same to John Nichols and Henry Phillips Thomas both of Saint John's in the Island of Newfoundland aforesaid Merchants and their heirs upon trust that they the said John Nichols and Henry Phillips Thomas and the survivor of them his executors or administrators as soon as conveniently may be after my decease do and shall convey and assign my said lands, plantations, messuages, tenements, hereditaments and chattels real to and among my children sons and daughters who may survive me their heirs and assigns and the children of any of my sons or daughters who may have died before me their heirs and assigns as tenants in common in the following proportions that is to say, one share to each of my sons and daughters who may be living at the time of my decease, one share to and among the daughters of my deceased daughter Eliza LeMessurier, that is to say, my grand daughter Eliza LeMessurier and Jane LeMessurier, and one share to and among the children of each of my other sons or daughters if any who may happen to have departed this life before me; my intention being that in every such case (except in the case of the children of my daughter Eliza where I have given it to the daughters only) the children of such son or daughter shall be entitled among them to their deceased parents share and no more, and that they shall each and every of them hold as tenants in common and not as joint tenants And I direct that the rents, interest and proceeds of the share or shares of such of my grandchildren under the age of twenty one years as in consequence of the decease of their parent may be entitled under this my will shall be laid out and expended by my said Trustees or so much thereof as may be necessary for and towards his her or their maintenance and education during their minorities, and that my said Trustees shall not be obliged to look further to the application thereof than by payment into the hands of the surviving parent or Guardian of such child or children, and that the receipt of such parent or Guardian shall be a full and sufficient discharge to my said Trustees for so much money as the same may be given for.
And I do further order declare and direct that the share or shares of such of my said grandchildren as may be so entitled and who may die under the age of twenty one years unmarried and without lawful issue shall go to and be divided among his her or their surviving brothers and sisters share and share alike.
And I do hereby further declare order and direct that my said Trustees shall retain and deduct all charges costs and expenses which they may incur or sustain in repairing any part of my property or in insuring the same against fire or in any manner sustain or expend in and about the execution of the Trusts hereby in them reposed; and that neither of them or their respective heirs executors or administrators shall be answerable or accountable for any loss or damage to the said trust estate or any part thereof unless the same shall happen through his or their wilful neglect or default, nor the one for the other of them, but each for his own costs and default only.
And as to all my money goods personal chattels and other effects whatsoever and wheresoever I give and bequeath the same to my executors hereinafter named upon trust that they my said executors and the survivor of them his executors and administrators do and shall stand and be possessed of the residue to arise therefrom after payment of my just debts and funeral expenses and such legacy or legacies as I may hereafter give and bequeath by any codicil or codicils to this my will in trust to pay over and distribute such residue to and among such persons in such manner and proportions and for such and the life purposes as my lands plantations messuages tenements hereditaments and chattels real are under the trusts hereinbefore declared of and concerning the same mentioned and directed to be conveyed and assigned by the same Trustees.
And I do further order and direct that the share or shares of my said estate which any of my grandchildren may be entitled to under this my will shall not be conveyed or paid over to them respectively until they respectively become of the age of twenty one years, or being a grand daughter become of the age of twenty one years or married.
And lastly I do nominate and appoint the said John Nichols and the said Henry Phillips Thomas to be executors of this my will.
In witness whereof I the said George Hutchings to this my last will and testament have set my hand and seal this sixteenth day of May in the year of our Lord one thousand eight hundred and thirty five. Geo. Hutchings (LS)
Signed sealed published and declared by the within named George Hutchings as and for his last will and testament in the presence of us who in his presence and in the presence of each other at his request have subscribed our names as witnesses hereto, W.B. Row, of Saint John's, Notary Public. P.W. Carter, J.P. Thos G. Morry.
This is a codicil to the last will and testament of me George Hutchings of Saint John's in the Island of Newfoundland, Gentleman. I direct that my lands plantations messuages tenements and chattels real (except the messuage and premises specifically devised by my said will to my daughter Mary) shall in the hands of my Trustees be be chargeable in the first place with the payment of such part of my just debts (whether due to any member of my family or to any other person) as after applying the assets of my personal estate may remain unsatisfied and that my said Trustees may have full power and authority out of or upon my said lands plantations messuages tenements and chattels real by sale, mortgage or otherwise as to them shall seem most expedient or advisable to raise any sum or sums of money for the payment of such my debts and that the conveyance directed by my said will to be made of my said lands plantations messuages tenements hereditaments and chattels real shall not be made until such debts are paid or duly secured. I also direct and it is my will that the share of my said lands plantations messuages tenements and chattels real directed in my said will to be conveyed to my grand daughter Eliza LeMessurier and Jane LeMessurier shall (subject to the former provisions of this codicil) be so conveyed to them and the survivor of them, her heirs, executors and administrators upon trust to receive the rents issues and profits thereof to and for their own sole use and benefit during such time as they both remain unmarried and from and after the marriage or death of either of them until the marriage or death of the other of them upon trust as to one moiety thereof for the one of my said grand daughters remaining unmarried, and as to the other moiety thereof upon trust for the other children of my late daughter Eliza LeMessurier share and share alike the one so marrying to share equally with her brothers and the representatives of any of them having died to take the parents share and from and after the marriage of both of my said grand daughters or the death of the one of them that may last remain unmarried whichever shall first happen then as to the whole of the share so directed to be conveyed to my said grand daughters in trust for all the children sons and daughters of my said daughter Eliza the representatives of any of them having died to take in like manner, the parents share. Provided nevertheless as to the share which my grandson John LeMessurier would be entitled to that if the major part in number of his brothers shall at any time be of opinion that it would be advisable to sell any share or interest to which he may be entitled and with the proceeds thereof to purchase an annuity for him, such sale shall be made, and the proceeds of the money arising therefrom shall be invested in the purchase of such annuity for his benefit in such manner as his said brothers shall direct.
And I do further order and direct that the receipt and receipts of the trustees or either of them noting under my said will shall be a sufficient receipt and discharge for so much money as the same purports to be given for to the purchaser or purchasers mortgagee or mortgagees of any part of my said estate authorized to be sold or mortgaged by virtue of my said will or of this or any future codicil or codicils thereto.
In witness whereof I have to this codicil set my hand and seal the twenty ninth day of April in the year of our Lord one thousand eight hundred and forty. Geo. Hutchings (LS)
Signed sealed published and declared by the said George Hutchings as and for a codicil to his last will and testament in the presence of us who in his presence and in the presence of each other at his request have subscribed our hands as witnesses hereto. W.B. Row of St. John's, Notary Public. P.W. Carter. Geo. Hogsett, Clerk with W.B. Row.
D. M. Browning
(Listed in the margin next to this will the following)
Jan. 3. 05
adm c.t.a. a.b.n.
Feb. 3. 1905
James S. Pitts