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 12 pages 275 to278 probate year 1922

Will of Robert A. Brehm

In re: ROBERT ALMON BREHM DECEASED.

This is the last Will and Testament of me, Robert Almon Brehm of St. Johnís, in the Island of Newfoundland, Manufacturer.

1. I revoke all former wills.

2. I appoint The Royal Trust Company executor and trustee of this my will.

3. I bequeath to my son Frank Tremaine Brehm the sum of one thousand dollars, my gold watch, my fatherís writing desk, his motherís ring which is set with diamonds and pearls, my double breech loading gun, my saddle and riding gear and all the contents of the stable with the exception of what is hereinafter bequeathed by me to my wife Mary Chisholm Brehm, to keep or to sell or dispose of as he may think fit.

4. I bequeath to my son Robert Almon Brehm the sum of one thousand dollars and my signet ring.

5. I bequeath to my son Frank Tremaine Brehm five hundred and one shares in The Brehm Manufacturing Company, Limited.

6. I direct that my executor do pay the sum of one hundred dollars per month to my sister Eliza and my niece Maud Scott for their joint support during their lifetime and to the survivor of them during her lifetime.

7. I leave all my household furniture and effects of every kind and description unto my wife Mary Chisholm Brehm for her use during her lifetime, and after her death the same shall be equally divided between my sons Frank Tremaine Brehm and Robert Almon Brehm. In case of any difference between my sons as to the division of my household furniture and effects, my executor and trustee shall have final power to divide the same among them.

8. I bequeath to my wife Mary Chisholm Brehm my victoria, my best set of harness, my carriage furs, my sleigh and my horse.

9. I direct that my executor and trustee shall hold the dwelling house on Circular Road in which I now reside and the land therewith and the other buildings on said land unto my wife Mary Chisholm Brehm during her lifetime as a residence for herself, and that after the death of my wife the same shall be sold and the proceeds of the sale divided between my sons Frank Tremaine Brehm and Robert Almon Brehm. But should either of my sons wish to purchase the said dwelling house and land and buildings I desire that my said sons shall come to an amicable arrangement between themselves concerning the price to be paid therefor, and that my said son so choosing the said dwelling house and land and buildings shall have the option of purchasing the same at the said agreed price. Should my wife decide at any time not to continue to live in the said dwelling house, her interest in the said dwelling house land and buildings shall thereupon cease and the same shall be sold and the proceeds of the sale divided upon the same terms as are herein provided in the case of a sale after the death of my wife. And in the event of my wife so deciding at any time not to continue to live in the said house, her interest in the household furniture and effects shall also cease and the same shall be divided between my sons in the same manner as is herein provided in the case of a division of the same after the death of my wife. But it is my will that in the event of my wife at any time deciding not to live in the said dwelling house she shall receive in lieu of the interest in the same and in the household furniture and effects which she then gives up, an allowance of five hundred dollars per annum which shall be charged upon a capital fund to be provided by my executor and trustee out of the proceeds of the sale of the said dwelling house land and buildings before the balance of the same is divided between my sons as hereinbefore provided. My executor and trustee is hereby directed to establish the said capital fund out of the said proceeds, and after the death of my wife the said capital fund shall be equally divided between my sons Frank Tremaine Brehm and Robert Almon Brehm.

10. I declare that the right which is given to my wife to use the said dwelling house as a residence for herself does not extend to the right to rent the said house to other parties.

11. I will and desire that during the lifetime of my wife or so long as she continues to reside in the dwelling house on circular Road all premiums of fire insurance and all costs of repair and upkeep to the said dwelling house and other buildings on the said land shall be paid out of the residue of my estate, and it shall be the duty of my executor and trustee to keep the said dwelling house and buildings in first class repair.

12. I direct that my debts and funeral and testamentary expenses and all death and succession duties falling upon my estate be paid out of the residue of my estate.

13. All the legacies and bequests made herein shall be paid free from death and succession duties.

14. Should either of my sons die before me or die before the legacies herein bequeathed shall become payable to him, leaving lawful issue, such issue shall in all cases be entitled to the bequests and legacies left herein to their parents. Should either of my sons die before me or die before the legacies herein bequeathed shall become payable to him, leaving no lawful issue but leaving a wife, such wife shall in all cases be entitled to the bequests and legacies left herein to her husband. Should either of my sons die before me or die before the legacies or bequests herein bequeathed shall become payable, leaving no lawful issue and no wife, then the shares or legacies herein bequeathed to such son shall go to his surviving brother.

15. My executor and trustee shall have power to retain investments existing at the time of my death and to vary the same from time to time as in its absolute discretion it shall think fit, without being responsible for any loss occasioned thereby. And I direct that in making retaining or changing investments its said discretion shall not be limited to the securities prescribed by law, but it may invest and reinvest in industrial enterprises, and that nothing in this paragraph shall be construed as limiting the general powers of my executor and trustee to make change or vary investments.

16. All the rest residue and remainder of my estate I leave to my executor and trustee to hold the same in trust and to pay thereout the annual income thereof to my wife during her lifetime, and to pay over the principal thereof after the death of my wife unto my sons Frank Tremaine Brehm and Robert Almon Brehm in equal shares, children of either of my sons who has died before the death of my said wife to take their deceased parentís share, and the widow of a son who has died before the death of my said wife without leaving lawful issue then to take her deceased husbandís share.

Dated at St. Johnís, Newfoundland, this 28th day of December, A. D. 1921 R. A. BREHM. Signed published and declared by the said Testator as and for his last Will and Testament in our presence, who is his presence and at this request and in the presence of each other have hereunto subscribed our names as witnesses. Herbert Knight. Jessie Hawkins.



This is a Codicil to the last Will and Testament of me Robert Almon Brehm of St. Johnís in the Island of Newfoundland, Manufacturer, dated the 26th day of December A. D. 1921. 1. I confirm all the provisions of my said last Will and Testament with the exception that I revoke the second paragraph thereof and substitute the following therefor: "I appoint my wife Mary Chisholm Brehm, my son Frank Tremaine Brehm and The Royal Trust Company executors and trustees of my will". Dated at St. Johnís, Newfoundland, this 13th day of July Anno Domini one thousand nine hundred and twenty two. R. A. BREHM. Signed published and declared by the said Testator as and for a Codicil to his last Will and Testament in our presence who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses. Herbert Knight. E.W. Lyon.

CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the Margin next to this will the following)
Fiat Oct 6/22 Kent J.
Probate granted to Mary Chisholm Brehm Frank T. Brehm. and The Royal Trust Co. Oct 25/22 Estate sworn at $254,736.47

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