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 3 pages 200 to 206 probate year 1871.
Will of Christopher Ayre|
In re: CHRISTOPHER AYRE DECEASED.
This is the last will and testament of me Christopher Ayre Esquire formerly of Newfoundland now temporarily residing at No. 21 Westbourne Park Road Bayswater W. London in the County of Middlesex I direct all my just debts funeral and testamentary expenses to be paid by my executor out of my residuary personal I give and bequeath unto my nephew William Gordon James Ayre of Portsmouth Surgeon in the Royal Navy all that policy of Insurance on my life granted by the Provident Life Insurance Company and the four hundred and ninety nine pounds hereby assured and all bonuses and other monies payable thereunder at my decease and also all those my twenty two shares in the Bahia and San Francisco Railway Stock and also my share in the Royal Mail Steamships Companyís Stock and also my two Spanish Bonds of two hundred and fifty five pounds each series D dated twelfth July one thousand eight hundred and sixty seven and numbered respectively 37206 and 37207
And I direct and declare that the said William Gordon James Ayre his executors administrators and assigns do and shall stand possessed of the same respectively and on the receipt of the moneys to arise from the said Policy of insurance and Bonuses thereon to invest the same in Government or real securities or on Indian five per cent Guaranteed Stock with power to change and transpose from time to time at the request of my wife Eliza Ayre the said stocks funds and securities into other stocks and securities of a like nature upon trust to pay the interest dividends and annual produce of the said stocks funds and securities when and as the same shall be received unto my said wife Eliza Ayre or permit her to receive the same for and during her natural life if she shall so long continue my widow for her sole and separate use but in case my said wife shall marry again then I cancel and revoke the bequest lastly made and in lieu thereof I give to my said wife an annuity or clear yearly sum of twenty pounds to be paid and payable half yearly out of my residuary personal estate and I direct and declare that at the death or future coverture of my said wife the stocks funds and securities so as aforesaid bequeathed to or for her benefit shall fall into and form part of my residuary estate save and except the said two Spanish Bonds which I give and bequeath to my granddaughter Alice Mabel Burton absolutely
I give and bequeath to my sister Ann Nicholson wife of William Nicholson of Coldford Gloucestershire one annuity or clear yearly sum of twenty pounds during her natural life and I direct the said annuity to be paid to my said sister half yearly the first half yearly payment to begin and be made at the expiration of three calendar months after my death
I give devise and bequeath unto the said William Gordon James Ayre the ground rents arising from my land at Saint Johnís Newfoundland now or late in the occupation of William Beckford Row and William Vallance Whiteway And also forty three and a half shares in the Saint Johnís Newfoundland Gas Light Company now held by me and also four shares in the Commercial Bank of Saint Johnís Newfoundland and the Debenture Stock in the Great Southern of India Railway Stock and also all my Portuguese Bonds called three per cent stock and also my International Financial Societyís shares and also my Debentures or Bonds of the South Eastern Railway Stock and also my shares or stock in the North Eastern Railway and I direct and declare that the said William Gordon James Ayre his executors administrators or assigns do and shall stand possessed of the said last mentioned several rents stocks shares funds and premises with power for them him or her to sell change and transpose the said rents stocks funds and securities or any or either of them or any part or parts thereof respectively into other stocks funds and securities from time to time as they him or her shall deem advisable or expedient upon trust out of the income arising therefrom for the term of three years from the tenth day of January one thousand eight hundred and seventy one to pay and discharge all sells that may be made on any or either of my said shares or stocks including the calls on my five per cent perpetual railway stock now being called up every three or four months and to accumulate the surplus of such income by investing the same from time to time during such period of three years in the purchase of Indian Guaranteed five per cent Railway Stock unless William McKenzie Skues the husband of my daughter Margaret Skues shall previously die And upon further trust to pay after three years from the said tenth day of January one thousand eight hundred and seventy one one moiety or equal half part of the rents dividend interest and income of the said stocks funds and securities including the said five per cent Railway Stock and Indian five per cent Railway Stock so directed to be purchased with accumulations of surplus income when and as the same shall be respectively received into the proper hands of my daughter Margaret Skues during her life for her own absolute use and benefit
And upon further trust to pay after three years from the said tenth day of January one thousand eight hundred and seventy one the other moiety or equal half part of the rents dividends interest and income of the said stocks funds and securities form time to time as the same shall be receptively received into the proper hands of the Guardian or Guardians of the two children of my deceased daughter Mary Ann Burton to be applied for their maintenance and education during their respective minorities or invest the same at their discretion such dividends to be laid out only with the sanction and approval of my executor or of Margaret Skues or both of them and for the purposes of this my will I hereby appoint him or her or both of them Guardian or Guardians of the said children so far as respects the laying out of the monies hereby devised to them or investing the same as aforesaid and on the decease of the said Margaret Skues then I declare and direct that my said Trustee do and shall stand possessed of the said rents stocks funds and securities and the interest dividends and income thereof respectively upon trust as to one moiety or equal half part thereof respectively for the child if only one or for the children if more than one of the said Margaret Skues to be equally divided between them share and share alike and to become vested at the age of twenty one years as to males and at that age or marriage as to females And I declare that in case one or more of the children of the said Margaret Skues shall die before obtaining a vested interest in the moiety of the said stocks funds and securities the share or shares therein of him her or them so dying shall go to and be equally divided between the survivors of such children if more than one and in case the said Margaret Skues shall die without leaving issue or there being such they shall all depart this life without leaving lawful issue him or her surviving then I direct that the said moiety or equal half part of the stocks funds and securities shall fall into and form part of my said residuary estate And upon further trust as to the other or remaining moiety or equal half part of the said rents stocks funds and securities and the dividends interest and income thereof receptively for the child if only one or for the children if more than one of the said Mary Ann Burton to be divided between them in the following shares and proportions that is to say three fourth parts or shares thereof to Alice Mabel Burton and the remaining one fourth part or share thereof to Matthew Bernard Burton and to become vested at the age of twenty one years as to the male and at that age or marriage as to female with the same or the like benefit of survivorship and ultimate disposition as are hereinbefore declared and contained concerning the moiety of the said stocks and funds to and between the children of the said Margaret Skues But in the event of the death of either or both of the children of my said daughter Mary Anne Burton during the life and widowhood of my said wife I give and bequeath to my said wife an additional annuity of twenty pounds during her widowhood provided always and I hereby declare it to be my will that in case any call or calls be made on the said South Eastern Railway shares International Financial Shares or share in Royal Mail Steam Ship Company at any time or times after three years from the said tenth day of January one thousand eight hundred and seventy one and before the trusts affecting the same shall be fully executed that then the said trustee is hereby authorised to pay out of my estate such call or calls I give and devise unto the said William McKenzie Skues and his heirs three hundred acres of land or thereabouts situate on the Topsail Road Saint Johnís Newfoundland (being Grants to me from the Government of Newfoundland) To hold the same or all my interest therein unto the said William McKenzie Skues his heirs and assigns absolutely And I give the sum of ten guineas out of the residue to the said William Gordon James Ayre which I ask him to accept for the purchase of a ring or other ornament as a small token of my regard and esteem and as to all the rest residue and remainder of my personal estate and effects whatsoever not hereinbefore specifically bequeathed I give and bequeath the same unto my said Trustee as to one half part or share thereof upon trust for my daughter the said Margaret Skues for her sole and separate use and as to the remaining half part or share thereof upon trust for Alice Mabel Burton and Matthew Bernard Burton the children of my deceased daughter Mary Anne Burton for their sole and separate use and benefit in the following shares and proportions three fourth parts or shares thereof to Alice Mabel Burton and the remaining one fourth part or share thereof to Matthew Bernard Burton with benefit of survivorship I declare and direct that the annuity hereinbefore given to my said sister and the annuities rents interest dividends and shares in my residuary estate hereinbefore bequeathed to or for the benefit of my daughter Margaret and the children of my deceased daughter Mary Anne Burton shall be received taken and enjoyed by each of them independently of the debts control or engagements of her present or any future husband and that her receipt (notwithstanding coverture) shall alone be good discharges for the same and the receipt of the Guardian or Guardians herein named of the two children of Mary Anne Burton shall be a good discharge for their share thereof I declare and direct that the receipt or receipts of my said Trustee or other the Trustee or Trustees for the time being of this my will for the sale or transfer from time to time of the said stocks funds securities and premises or for any money paid to them him or her under the trusts herein declared shall be good and effectual discharges for the moneys and premises acknowledged to be received and that the persons receiving or paying such transfers and monies shall be wholly exonerated from all obligation of seeing to the application thereof provided always and I hereby declare and direct that in the event of any child or children of either the said Mary Ann Burton or the said Margaret Skues charging or mortgaging any of their presumptive or vested shares under this my will the same shall be forfeited and shall become payable to the survivors or survivor as if such children or child so anticipating were dead provided always and I hereby direct and declare that in case the said William Gordon James Ayre or other the trustees or trustee to be hereafter appointed under this present provision shall die or refuse or become incapable to act in the aforesaid trusts before the same shall be fully executed it shall be lawful for the surviving or continuing Trustee or if there shall be none such for the heirs executors or administrators of the last surviving trustee to appoint any other fit person or persons in the place of the Trustee so dying or becoming incapable to act And on every such appointment my said trust estate shall be transferred to or vested in the surviving or continuing trustee and such new Trustee jointly or solely. In such new Trustee or Trustees as the case may require upon the trusts aforesaid and that such new Trustees shall and may have and exercise the same power as if they had been so appointed by this my will and that my said Trustees or Trustee shall reimburse themselves himself or herself for all monies paid by them him or her in the execution of the aforesaid trusts and that they he or she shall not be answerable for involuntary losses I nominate and appoint the said William Gordon James Ayre executor of this my will
In witness whereof I the said Christopher Ayre the testator have to this my said will contained in six sheets of paper set my hand to each of the said sheets this twenty second day of November one thousand eight hundred and seventy-
Christopher Ayre - Signed by the said Christopher Ayre the testator as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other all present at the same time have hereunto subscribed our names as attesting witnesses-
Jos. H. Eyre, Daw Stationer 33 Carey Street Lincolns Inn.
M. Eyre Spinster same place.
D. M. Browning
© Judy Benson, Ivy Benoit and NL GenWeb