NL GENWEB

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

 


 
Will of John Munn from Newfoundland will books volume 4 pages 68 to 75 probate year 1880

 

In re
         John Munn deceased.

I John Munn of Harbor Grace in the Colony of Newfoundland Merchant and Shipowner at present on a visit to England hereby revoke all wills and testamentary dispositions heretofore made by me and declare this to be my last will I bequeath to my wife Naomi Munn all the plate, plated articles linen china glass books pictures prints wines liquors carriage-horses carriages household goods and furniture which may be in or about my dwelling house at the time of my death I bequeath to and in trust for each of my daughters Isabella Kinloch, Elizabeth Naomi Munn, Susannah Knight Munn and Jessie Kelly Munn the sum of seven thousand five hundred pounds sterling apiece

I devise and bequeath all such of the property both real and personal of which I may die seized or possessed as may be situate or be found in England or elsewhere in the United Kingdom of Great Britain and Ireland (but including any policies of Assurance on my life wheresoever the same may be found to be at my death) unto Henry Tarbet of Liverpool in England Merchant and Edward Godfrey Tarbet of the same place Gentleman their heirs executors and administrators according to the nature thereof upon trust that the said Henry Tarbet and Edward Godfrey Tarbet and the survivor of them and the heirs executors or administrators of such survivor shall sell my said real estate and sell call in and convert into money such part of my said personal estate as shall not consist of ready money and shall stand possessed of the money to arise from such sales calling in and conversion into money and of the ready money found in England or elsewhere in the said United Kingdom of which I shall be possessed at my death Upon trust that the said Henry Tarbet and Edward Godfrey Tarbet and the survivor of them and the executors or administrators of such survivor shall thereout set apart and retain the amounts of the said legacies hereinbefore given to or in trust for my said daughters and shall hold the residue of the said trust moneys in trust for my son William Punton Munn his executors administrators and assigns And I declare that the said legacies of seven thousand five hundred pounds so given to my said daughters as aforesaid shall be retained and held by the said Henry Tarbet and Edward Godfrey Tarbet upon trust that they or the survivor of them or the executors or administrators of such survivor shall invest the respective legacy of each such daughter in the names or name of the said Henry Tarbet and Edward Godfrey Tarbet or the survivor of them or the executors or administrators of such survivor in or upon any of the public stocks or fund or Government securities of the United Kingdom or in the stock of the Bank of England or upon freehold copyhold or leasehold securities in England or Wales or in or upon the mortgages debentures bonds or securities of any Company Corporation or public body in the United Kingdom of Great Britain and Ireland authorized by Act of Parliament to borrow money or in the preference or debenture stock or shares of any Railways or other Company in the United Kingdom of Great Britain and Ireland incorporated by Act of Parliament or Royal Charter and paying a dividend on its ordinary stock or in the Guaranteed stock or shares of any Railway or other Company in the United Kingdom incorporated as aforesaid upon which a fixed or minimum interest or dividend shall be secured or guaranteed by the same or any other Corporation or Company     And may in their or his discretion from time to time vary and transpose the investment thereof And shall pay the annual income of the respective legacy of each such daughter during her life into her proper hands for her separate use independent of any husband but so that such daughter shall not have power to deprive herself thereof by way of anticipation or alienation And after her death shall hold the said legacy in trust for all the children or any the child of such daughter who being sons or a son shall attain the age of twenty one years or being daughters or a daughter shall attain that age or marry if more than one in equal shares and if there shall be no child of such daughter who being a male shall attain the age of twenty one years or being a female shall attain that age or marry then after the death of such daughter and such failure of her issue as aforesaid the respective legacy of each such daughter and the income thereof and also any share or shares in the legacies bequeathed to or in trust for her said sisters which may accrue to her under this present provision shall accrue to and be in trust for all such of the sisters of such daughter as shall be living at the death of such daughter and of the children then living of any sister who may have died whether in my lifetime or afterwards as shall have attained or shall attain the age of twenty one years or shall have married or shall marry if more than one as tenants in common in equal shares per stipes so that the sisters of such daughter shall take in equal shares and the children being objects of this trust of any sister having died in my lifetime or afterwards shall take equally between them the share which their parent would have taken had she survived such deceased daughter And I declare that if any one or more of my said daughters shall die in my lifetime every legacy of seven thousand five hundred pounds hereinbefore bequeathed to or in trust for each daughter so dying shall be held by my said trustees upon the same trusts and subject to the same powers authorities and declarations in every respect as if such daughter had not died in my lifetime but had survived me And I hereby declare that any share or shares in legacies bequeathed to or in trust for sisters or sister as aforesaid which may accrue to any of my daughters and whether by the death of such sisters or sister in my lifetime or afterwards and the income thereof shall be held upon the like trusts and with and subject to the like powers and provisions so far as circumstances will admit as her original legacy and the income thereof Provided always and I hereby declare that it shall be lawful for each of my said daughters notwithstanding coverture to appoint by will or codicil that all or any part of the income of her said legacy or of any share or shares accruing thereto as aforesaid shall be paid to her husband during his life or for any less period Provided always and I hereby declare that it shall be lawful for the said Henry Tarbet and Edward Godfrey Tarbet or the survivor of them or the executors or administrators of such survivor after the death of any daughter of mine or in her lifetime with her consent in writing to raise any part or parts not exceeding altogether one-half of the then expectant or presumptive or vested portion of any child of such my daughter under the trusts hereinbefore declared and to pay or apply the same for the advancement or benefit of such child in such manner as the said Henry Tarbet and Edward Godfrey Tarbet or the survivor of them or the executors or administrators of such survivor shall think fit

And I further declare that the said Henry Tarbet and Edward Godfrey Tarbet or the survivor of them or the executors or administrators of such survivor shall after the death of any daughter of mine pay or apply the whole or such part as they or he shall think fit of the income of the share to which any child of such my daughter shall for the time being be entitled in expectancy under the trusts hereinbefore declared for or towards his or her maintenance and education and may either themselves or himself so apply the same or may pay the same to the Guardian or Guardians of such child for the purpose aforesaid without seeing to the application thereof And shall during such suspense of absolute vesting accumulate the residue (if any) thereof in the way of compound interest by investing the same and the resulting income thereof from time to time in or upon any such stocks funds shares or securities as are hereinbefore mentioned for the benefit of the person or persons who under the trusts herein contained shall become entitled to the principal fund from which the same respectively shall have provided and may resort to the accumulations of any preceding year or years and apply the same for or towards the maintenance or education of the child for the time being presumptively entitled to the same respectively

I devise all the freehold and copyhold estates in England or elsewhere in the United Kingdom which may at the time of my death be vested in me as Trustee or upon Mortgage unto the said Henry Tarbet and Edward Godfrey Tarbet their heirs and assigns upon the trusts and subject to the equity of redemption subsisting therein respectively but the money secured on any such mortgages to be considered as part of my personal estate     I appoint the said Henry Tarbet and Edward Godfrey Tarbet executors of this my will so far as relates to the personal estate in England or elsewhere in the United Kingdom of Great Britain and Ireland and the policies of Life Assurance hereinbefore bequeathed to them as aforesaid but not further or otherwise     And I hereby declare that the receipts or receipt in writing of the said Henry Tarbet and Edward Godfrey Tarbet or the survivor of them or the executors or administrators of such survivor for any moneys or stocks funds shares or securities which may be paid or transferred to them or him in pursuance hereof or of any of the trusts hereof shall effectually discharge the purchaser or purchasers or other the person or persons paying or transferring the same therefrom and from being concerned to see to the application or being answerable for the non -application or misapplication thereof     And I hereby declare that if the said Henry Tarbet and Edward Godfrey Tarbet or either of them shall die in my lifetime or if they or either of them or any trustee or trustees appointed as hereinafter provided shall after my death die or be desirous of being discharged or refused or become incapable to act then and so often it shall be lawful for the surviving or continuing trustees or trustee for the time being (and for this purpose very refusing or retiring Trustee shall if willing to act in the execution of this power be considered a continuing trustee) or for the acting executors or executor administrators or administrator of the last surviving or continuing Trustee to appoint a new trustee or new trustees in the place of the trustee or trustees so dying or desiring to be discharged or refusing or becoming incapable to act and upon every or any such appointment as aforesaid the number of trustees may be augmented or reduced and upon every such appointment the said trust premises shall if and so far as the nature thereof or other circumstances shall require or admit be transferred so that the same may be vested in the trustees or trustee for the time being and every trustee so appointed as aforesaid may as well before as after such transfer of the trust premises have the same powers authorities and discretions as if he had been originally appointed a trustee     And I declare that the said Henry Tarbet and Edward Godfrey Tarbet or the survivor of them or other the trustees or trustee for the time being of my personal estate in England or elsewhere in the United Kingdom of Great Britain and Ireland and of the said Policies of Life Assurance shall be chargeable only with such moneys as they or he respectively shall actually receive and shall not be answerable the one for the other of them nor for any Banker Broker or other person in whose hands any of the trust moneys shall be placed nor for the insufficiency of any stocks funds shares or securities nor otherwise for involuntary losses And that the said Henry Tarbet and Edward Godfrey Tarbet or the survivor of them or other such trustees or trustee as aforesaid may reimburse themselves or himself out of the moneys which shall come to their or his hands under the trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid trust And I declare that the said Edward Godfrey Tarbet or his firm shall be entitled to charge for all professional business done by him as a solicitor in relation to the trusts hereof in the same manner as he might have done if he had not been appointed such trustee and executor as aforesaid

And I the said John Munn do hereby give bequeath and devise unto my son the said William Punton Munn and my nephew Robert Stewart Munn of Harbor Grace aforesaid Merchant their executors administrators and assigns one hundred and thirteen shares in the Union Bank of St. Johnís Newfoundland upon trust that they or the survivor of them or the executors or administrators of such survivor shall at their absolute discretion retain the same for such period as they may deem fit or shall at any time or times sell the same or any part thereof and invest the proceeds of such sale in or upon any of the stocks funds shares or securities hereinbefore authorized as investments for the said legacies of seven thousand five hundred pounds apiece given to or in trust for my said daughters as aforesaid and shall pay the annual income of the said Banking Shares or of the stocks funds shares or securities in or upon which the same or any part thereof may be invested to my said wife during her life     And I declare that the provision hereby made for my said wife shall be in lieu and satisfaction of all claims or rights of dower or thirds or otherwise which she might have or be entitled to as my widow in any part of my real or personal estate And after the death of my said wife the said banking shares stocks funds shares or securities and the income thereof shall be held by the said William Punton Munn and Robert Stewart Munn and the survivor of them or the executors or administrators of such survivor for the benefit of my said daughters Isabella Kinloch, Elizabeth Naomi Munn, Susannah Knight Munn and Jessie Kelly Munn equally and their respective issue upon the same trusts nevertheless in the same manner and with and subject to the same powers authorities and declarations in every respect as are hereinbefore reposed in or given to the said Henry Tarbet and Edward Godfrey Tarbet or other my English trustees or trustee for the time being or are in anywise declared of or concerning the said legacies of seven thousand five hundred pounds apiece given to or retained in trust for my said daughters as aforesaid

I bequeath the following pecuniary legacies namely to my brother Archibald Munn Five hundred pounds sterling and to each of my sisters Mary Thomson and Margaret McLeish two hundred and fifty pounds sterling apiece

And I do hereby give devise and bequeath all my property both real and personal of whatsoever kind and wheresoever situate other than the said Banking shares and the said real and personal estate (including all policies of Assurance on my life) hereinbefore given to the said Henry Tarbet and Edward Godfrey Tarbet upon trusts as aforesaid unto the said William Punton Munn and Robert Stewart Munn their heirs executors administrators and assigns according to the nature thereof upon trust that they or the survivor of them or the heirs executors or administrators of such survivor shall thereout pay and discharge my debts and liabilities owing from me or to which I or my estate shall be subject on account or in respect of my business or trade or on any other account whatsoever and wheresoever and save harmless and keep indemnified therefrom all such of my estate as is hereinbefore given to the said Henry Tarbet and Edward Godfrey Tarbet upon trusts as aforesaid and from all actions suits accounts losses damages claims and demands in respect of the same debts and liabilities or in respect of the said business or trade and subject thereto and to the payment of all the legacies and bequests hereinbefore given by this my will shall stand possessed of all my said property both real and personal (other than as aforesaid) In trust for my said son William Punton Munn his heirs executors and administrators absolutely

I devise and bequeath all estates in Newfoundland or elsewhere other than in England or any part of the United Kingdom of Great Britain and Ireland which may at the time of my death be vested in me as Trustee or upon mortgage unto the said William Punton Munn and Robert Stewart Munn their heirs executors administrators and assigns upon the trusts and subject to the right of redemption subsisting therein respectively but the money secured of any such mortgages to be considered as part of my personal estate     I appoint the said William Punton Munn and Robert Stewart Munn executors of this my will so far as relates to all my property other than that of which I have appointed the said Henry Tarbet and Edward Godfrey Tarbet to be executors as hereinbefore mentioned And I declare that the power to give receipts and to appoint new trustees and the trustees indemnity and reimbursement clauses hereinbefore given or declared to or in favor of the said Henry Tarbet and Edward Godfrey Tarbet or the survivor of them or the executors or administrators of such survivor in respect of all such property whereof they are appointed trustees and executors shall be applicable to and the same are hereby given and declared to and in favor of the said William Punton Munn and Robert Stewart Munn and the survivor of them and the executors or administrators of such survivor in respect of all such property whereof they are appointed trustees and executors as fully and effectually to all intents and purposes as if the said powers and clauses were here mutatis mutandis again set out at length     In witness whereof I have to this my will contained in this and the seven preceding sheets hereunto set my hand this sixth day of October one thousand eight hundred and seventy three.     John Munn.     Signed at Liverpool in England by the said testator as and for his last will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses.     P.F. Garnett, Solicitor, Liverpool.     J. Speirs Baker, Notary Public, Liverpool.

I John Munn of Harbor Grace in the Colony of Newfoundland Merchant and Shipowner at present on a visit to England declare this to be a codicil to my last will which is dated the sixth day of October one thousand eight hundred and seventy-three     Whereas Henry Tarbet in my said will named as such a trustee and executor as therein described has lately died now I hereby appoint Richard Buck of Tower Buildings Liverpool Managing Clerk to be such a trustee and executor of my said will in the place of the said Henry Tarbet deceased as is therein described and I declare that my said will shall accordingly be read and construed as if the name of the said Richard Buck had been inserted therein instead of the name of the said Henry Tarbet and in all other respects I confirm my said will     In witness whereof I have hereunto set my hand this tenth day of September One thousand eight hundred and seventy-five-     John Munn-     Signed by the said John Munn as and for a codicil to his last will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses.     W. Tarbet, Aberfarenby Square, Liverpool.     W. Tarbet of East Bank, Liverpool.

Certified correct,
D. M. Browning
Registrar


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