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 474 to 480 probate year 1923
|Will of Edwin Gilchrist Gibb|
In re: EDWIN GILCHRIST GIBB. DECEASED.
Register of Deeds, &c Books of Council and Sessions.
At Edinburgh the Twelfth day of January, One thousand nine hundred and twenty three the DEED hereinafter engrossed was presented for registration in the Books of the Lords of Council and Session for preservation and is registered in the said Books as follows:
I, Edwin Gilchrist Gibb, Manufacturer, Johnshaven, and presently residing at Barns of Craig, Montrose, in order to regulate the succession to my means and estate after my death do hereby give, grant assign, dispone, convey and make over to and in favour of James Mackie, presently Agent at the Albert Square Barnch Dundee of the North of Scotland and Town and County Bank Limited, Andrew Millar Farmre, The Laws, Kingennie, Dundee and Hugh Hanton Soutar, Solicitor, Montrose and such other person or persons as I may hereafter nominate or appoint to act in the trust hereby created or as may be assumed therein, and the acceptors, and acceptor, survivors and survivor of the persons above named or to be named or assumed as aforesaid as Trustees and Trustee for the purposes aftermentioned (the said Trustees and their foresaids being throughout these presents denominated "my Trustees") and the Assignees of my Trustees ALL and SUNDRY the whole means and estate heritable and moveable, real and personal of whatever kind or denomination or wheresoever situated at present belonging or addebted or which may belong or be addebted to me or over which I may have power of disposal at the time of my death together with the whole vouchers and instructions, writs, titles and securities of and concerning my said menas and estate before conveyed to them and all that has followed or may be competent to follow thereon; but that in trust only for the ends, uses and purposes aftermentioned:
(In the ninth place) I direct my Trustees to set apart and hold
(In the tenth place) I direct my Trustees to set apart and hold Five hundred pounds and to pay or apply the annual income thereof to or for her behoof of my grand daughter Betty Mitchell daughter of my said daughter Norah Gilruth Gibb or Mitchell until she attains the age of twenty one years for her alimentary liferent use only and not liable to her debts or deeds or the diligence of her creditors and on her attaining the age of twenty one years I direct my Trustees to pay the said sum of Five hundred pounds to her as her absolute property:
(In the eleventh place) I direct my Trustees to cancel and discharge any debt which may be due to me by my son Douglas Farquhar Gibb at the time of my death and I direct that any bills or bonds which may be granted in my favour by my said son be duly cancelled and discharged and delivered up to the said Douglas Farquhar Gibb and
(in the last place) After fulfilling or providing for the foregoing purposes I direct my Trustees to realize the whole residue and retainder of my estate and means before conveyed to them and from time to time as they may be able and shall think proper account for and pay over the said residue to my sons the said Edwin Farquhar Gibb, James Gilchrist Gibb, Patrick Gilchrist Gibb David Buchan Gibb and Douglas Farquhar Gibb equally between them share and share alike and the survivors and survivor of them jointly with the lawful issue per stirpes of such of them as may predecease me leaving lawful issue who survive me:
And for the guidance of my Trustees I acknowledge that most of the household furniture in my dwelling house is the property of my wife and that the whole Agricultural Produce, Live Stock, Farm plant and implements
And I empower my Trustees to pay any sum falling by virtue of these present to anyone who may be in pupillarity or minority when the same become payable, to the guardian or guardians of such beneficiary, or to any other person or persons who may be acting or willing to act as guardian or guardians to such beneficiary, although not legally appointed whose receipts for the same respectively shall be sufficient discharges to my Trustee: An also, if my Trustees in their discretion shall think proper to retain any capital sum falling to any beneficiary who may be in pupillarity or minority when the same becomes payable until such beneficiary attains majority, or for such other shorter period as my Trustees shall think proper, and while they retain any such sum in virtue of this power they may pay to or apply for behoof of the beneficiary the income or part of the income of such capital sum in such manner as my Trustees shall think proper. And I provide and declare that the whole bequests hereby made so far as in favour of or descending upon females shall be expressly exclusive of the jus meriti right of administration curatorial power and of courtesy and all other right whatsoever of husbands and shall not be affectable by the debts and deeds of such husbands or by diligence of their creditors and that the receipts or discharges of such females alone, without the consent of their husbands shall be sufficient discharges to my Trustees:
And I hereby nominate and appoint my Trustees to be my sole Executors; And I hereby confer upon my Trustees all requisite powers for carrying out the purposes of this Trust and of any Codicil which I may make hereto and particularly but without prejudice to said generality, I empower my Trustees to continue the investments in which my said means are placed at the time of my death or any of them; As also to sell the Trust Estate or any part thereof by public roup or private bargain, and to borrow on the security of any part or parts of my said estate declaring always that it shall be no obstacle or objection to a purchaser of any part of my Trust Estate that he or she is one of my Trustees or a beneficiary under these presents; And I specially provide and declare that when ever it shall be necessary in connection with the affairs of the Trust that my Trustees shall exercise any discretionary powers, whatever decision or resolution that may act upon shall be final and binding upon all parties interested, either directly or indirectly, and their acting shall not be liable to be called in question upon any ground whatever, except fraud; And I declare that all persons who shall pay to my Trustees any sum of money shall be in no ways concerned with the application of the same, or with any of the conditions or provisions hereof, but shall be sufficiently exonerated by any deed or writing containing an acknowledgment or receipt by my Trustees; And I empower my Trustees to settle by arbitration all disputed claims competent to or against the Trust Estate and to compromise any such claim and take or give part for the whole of any doubtful debt;
And I hereby authorize and empower my Trustees to appoint either one of their own number or any other person to be their Factor and Law Agent and to allow him professional remuneration for his services to the same extent as if he were not also acting as Trustee, any law or practice to the contrary notwithstanding; And I declare that my Trustees shall be entitled to the fullest powers, privileges and immunities usually conferred in such cases and according to the most liberal interpretation and particularly without prejudice to said generality they shall not be liable for omissions or singuli in solidum but each for his own actuall intromissions only nor shall they be liable for any intromissions of any factor or Law Agent to be appointed by them or for any loss which may arise from depreciation in value or failure of the securities in which the Trust funds are invested; And I reserve my own liferent use and enjoyment of the premises, with full power to alter, innovate or revoke these presents in whole or in part at any time of my life; And I revoke all previous settlements executed by me; And I consent to registration hereof for preservation.
IN WITNESS WHEREOF these presents
(Signed) EDWIN G. GIBB. Jonathan Marnoch, Witness. Sarah McMillan Witness. CORRECT, William F. Lloyd Registrar of the Supreme Court of Newfoundland (Listed in the margin next to this will the following) Re Sealing. Fiat Nov 23/23 Kent J. Estate sworn at $502.63.
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