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 290 to 293 probate year 1922
Will of Isabella Frances Smith Procter |
In re: ISABELLA FRANCES SMITH PROCTER DECEASED.
This is the last Will and Testament of me Isabella Frances Smith Procter of Torquay in the County of Devon Spinster I revoke all former wills and Testamentary instruments made by me.
I appoint Foster John Bone of Devonport in the County of Devon Solicitor and George Palliser Martin on Clifton in the County of Somerset Merchant (hereinafter sometimes called "my Trustees" which expression shall herein and in any codicil hereto when the contest so admits include the Trustee or Trustees for the time being hereof) to be Executors and Trustees of this my will
I give to my niece Mary Emily Victoria Procter my silver teapot milk jug tea spoons and sugar tongs which were given to my late sister Mary Procter by her Aunt, whereas my last sister Jane Hutchings Procter by her will dated the tenth day of march One thousand nine hundred and five directed that her Trustees should stand possessed of certain monies and investments referred to as her Residuary fund upon trust after my death as to her share estate and interest in her Newfoundland property part of her residuary fund as in her said will mentioned and as to the sum of Two hundred pounds further portion of her residuary fund upon trust for the benefit of her nephew George Aislabie Procter as in the said will mentioned and whereas it is anticipated that the residuary fund of my sister (other than her share in the Newfoundland property) may not be sufficient to provide for the said sum of Two hundred pounds And whereas I desire to provide for such deficiency now I hereby give to Foster John bone and George Palliser Martin or other the Trustees or Trustee for the time being of the will of my said sister the sum of Two hundred pounds or such smaller sum as may be necessary to make up with the amount of my sisters estate available for the purpose the sum of Two hundred pounds the said sum of two hundred pounds or such smaller sum so given by this my will to be applied for the maintenance and benefit of the said George Aislabie Procter and in the manner expressed in the will of my said sister I give the following pecuniary legacies free of duty namely
To my companion Miss Bertha McMurtrie if she shall be my companion at the time of my death the sum of Two hundred pounds
To Mrs. Julia McCullagh the daughter of my cousin Mrs. Ormsby the sum of Fifty pounds
To Mrs. Mary Churchward of Belgrave Road Torquay the sum of Twenty pounds
To Maria Galley who was formerly my servant the sum of Ten pounds
I give devise and bequeath all my real estate and the residue of my personal estate to my Trustees upon Trust to sell call in or otherwise convert into money the same in such manner in all respects as my Trustees think proper with power as to my share and interest in the property at Newfoundland (hereafter referred to as my Newfoundland property) to join with the owner or owners of other shares in any sale or sales And upon trust as to my share estate and interest in my Newfoundland property should it be unsold or should it be sold then in the proceeds of sale and the investments thereof for my said niece Mary Emily Victoria Procter for her life should she be living at the time of my death and after her death upon the trusts hereinafter declared concerning the rest of my residuary estate
And as to the rest of my residuary Estate upon Trust out of the money arising thereby and other monies forming part of my residuary Estate to pay my funeral and testamentary expenses and debts and pecuniary legacies and all death duties payable in respect of my Estate or any part thereof and to invest the residue of such monies with power to vary such investments and my Trustees shall stand possessed of the residue of such monies and the investments for the time being representing the same upon trust for Edmund Procter and Henry Procter sons of my late Brother Edmund Bowker Procter in equal shares Provided always that if the said Edmund Procter and Henry Procter or either of them shall die in my lifetime leaving a child or children living at my death who being a son or sons attain the age of Twenty one years or being a Daughter or Daughters attain that age or marry under that age then and in every such case the last mentioned child shall take and if more than one equally between them the share which his her or their parent would have taken in the trust fund if such parent had survived me
I declare that my real and personal Estate including my Newfoundland property and securities stocks and shares of any description leasehold hereditaments and other property of a variable or wearing out nature may be retained in the actual condition thereof at my death so long as my Trustees think fit but my real estate shall for the purpose of transmission be deemed to be converted into personality immediately after my death and all rents and other income accruing after my death from the unconverted parts for the time being of the real and personal estate shall after payment thereout of all outgoings and expenses which my Trustees shall think fit to pay thereout be applicable as income under this will no part of such income being in any case retained as capital but property not producing income shall not for the purposes hereof be treated as producing income and all powers of leasing and other powers of every description applicable thereto by which any statue or statutes for the time being in force are or may be conferred on tenants for life may be exercised by my Trustees over or in relation to my unsold real and leasehold estates And my Trustees may manage and otherwise act in relation to my real and residuary personal Estate as if absolutely and beneficially entitled thereto and may determine what articles are comprised in any specific bequest made by this will or any Codicil hereto And also whether any money shall for the purposes of this will or any Codicil hereto be considered as capital or income and out of what part of my Estate and whether out of capital or income any expenses or outgoings ought to be borne and every such determination shall be binding on all persons interested under this will or any Codicil hereto And I expressly declare and desire that my Trustees may and shall pay the rents or income to which the said Mary Emily Victoria Procter may be entitled under the trusts hereof as and when the same are received or may pay the same by instalments quarterly or otherwise as they may think fit and may retain the same in their hands for such period from time to time as they may think fit
All moneys which ought to be invested in pursuance of this my will or any Codicil hereto may at the discretion of my Trustees be invested in the names of my Trustees in investments for the time being authorised by law as investments for Trust money And the said Foster John Bone or any Executor or Trustee hereof being a Solicitor may act as Solicitor to my Executors or my Trustees or otherwise in relation to my Estate and may charge and be paid for business done or time or trouble taken by him or his firm in connection with the trusts hereof or of any Codicil hereto or in the administration or otherwise in relation to my Estate including acts which an Executor or Trustee could have done personally and in all respects as if he had not been an Executor or Trustee hereof
In witness whereof I have to this my will contained in four sheets of brief paper set my hand at the bottom of each sheet hereof this seventh day of September One thousand nine hundred and fifteen
ISABELLA. F. S. PROCTER.
Signed by the said Isabella Frances Smith Procter the Testatrix as and for her last Will and Testament in the presence of us who at her request in her presence and in the presence of each other all present at the same time have hereto set our names as witnesses.
J.F. Moore Alfred E. Moore
Clerks to Messrs. Allan B. Bone & Son. Solicitors Devonport Plymouth.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the Margin next to this will the following)
Dec 6 /22
Fiat Nov 30/22
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