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 12 page 352-355 probate year 1923.
Will of Jane Procter|
In re: JANE HUTCHINGS PROCTER. DECEASED.
This is the last Will and Testament of me Jane Hutchings 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 of Clifton in the county of Somerset Merchant (hereinafter sometimes called "my trustees" which _expression shall herein and in any codicil hereto mean the context so admits include the trustee or trustees for the time being hereof) to be Executors and Trustees of this my will I give my share and interest in the silver tea pot milk jug teaspoons and sugar tongs belonging to my sister Isabella Frances Smith Procter and myself and which were given to my late sister Mary Procter by her aunt Ann Procter to my sister the said Isabella Frances Smith Procter for her life and after her death I give the said share in the said tea pot milk jug teaspoons and sugar tongs to my niece Mary Emily victoria Procter I give all the rest of my silver plate including the share and interest which I have therein jointly with my sister the said Isabella Frances Smith Procter to my said sister Isabella Frances Smith Procter for her life and after her death I give the said silver plate to my brother Edmund Bowker Procter I give my share and interest in the three water colour paintings by Mr. Bell to my sister the said Isabella Frances Smith Procter for her life and after her death to my dear friend Ellen Foster Little I give my wearing apparel and personal ornaments furniture plated articles books prints linen glass china and other articles of household use or ornament And the rest of my pictures and articles not hereinbefore specifically or by any codicil hereto bequeathed to my sister Isabella Frances Smith Procter absolutely I devise and bequeath all my real estate and the residue of my personal estate unto and to the use of my trustees their heirs executors administrators and assign respectively 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 said share and interest in or otherwise convert into money the same in such manner in all respects as my trustees think proper with power as to my said share and interest in the property at Newfoundland hereinafter referred to as my Newfoundland property to join with the owner or owners of other shares in any sale or sales and 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 and vary such investments in manner hereinafter authorised And my trustees shall stand possessed of the residue of such monies and the investments for the time being representing the same which monies and investments are hereinafter referred to as "my residuary fund" Upon the trusts following namely Upon trust to pay unto my said sister Isabella Frances Smith Procter or permit her to receive during her life the income of my residuary fund and after the death of my said sister 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 fo the death of the survivor of myself and my said sister and after her death for my brother the said Edmund Bowker Procter should he be living at the time of the death of the survivor of myself my sister and my niece and should he be then dead Upon trust for the son or sons fo my said brother Edmund Bowker Procter and if more than one in equal shares And as to the sum of two hundred pounds portion of my residuary fund Upon trust to invest the same in some or one of the securities hereinafter mentioned and to hold the said securities hereinafter referred to as the said trust fund Upon trust that my trustees shall at their discretion apply the same to or for the maintenance and benefit of my nephew George Aisable Procter And I expressly authorise and declare that my trustees if they so think fit may pay and apply the income only of the said trust fund or may from time to time as they think fit apply capital as well as income and may make payments out of the capital and income of the said trust fund in such sums and at such times and either to the said George Aislabie Procter himself or to any person or persons on his behalf as they may think fit without being responsible for the application or misapplication thereof And my trustees may pay out of the said fund all costs and expenses in relation to the administration thereof And as to the rest of my residuary fund including such part of the said sum of two hundred pounds as may not have been applied under the trusts thereof as aforesaid Upon trust for my said brother Edmund Bowker Procter if he shall be living at the time of my death but if he shall be then dead Upon trust for his children who shall be living at the time of my death and being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry 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 personalty 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 which by any statute 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 All monies which ought to be invested in pursuance of this my will or any codicil hereto may with the consent of my said sister Isabella Frances Smith Procter during her life and after her death 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 or in stocks or securities of the Government of India or any other British Colony or Dependency or upon the debentures or securities or stocks or shares of any incorporated company having a fixed or minium rate of interest or dividend guaranteed thereon in perpetuity or for a term by any such Government or upon the debenture or preference stocks or preference shares of any company in the United Kingdom or any British Colony or dependency incorporated by a special Act of Parliament or by an Act of the Legislature of such colony or dependency and paying a dividend upon its ordinary stock or shares or upon stock or debentures or bonds or other securities of any county council or municipal corporation local authority or public body in the United Kingdom or any British Colony or dependency issued pursuant to any public or special Act of Parliament or Act of a Colonial Legislature or a Provisional order or upon real or leasehold securities in England or Wales but not elsewhere and not in shares or securities payable to bearer or transferable by delivery or by endorsement and delivery only And my trustees may from time to time with such consent or at such discretion as aforesaid vary such investments into or for others of any nature hereby or by law authorised The power of appointing new trustees or a new trustee given by statute shall for the purpose of this will be exercisable by my said sister Isabella Frances Smith Procter during her life And my trustees on loan of money may at their discretion fix the amount to be advanced without regard to any rule limiting the powers of trustees in this respect and may lend on any security with less than a marketable title and shall not be liable for any loss incurred through any act or omission or the exercise of any discretion in reference to the matters aforesaid 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 shall 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 I declare that the aforesaid fits to the said George Aislabie Procter and his sister Mary Emily Victoria Procter after the death of my sister Isabella Frances Smith Procter are made in accordance with the wish of my late sister Mary Procter and of myself I declare that my trustees shall not be bound to see to the preservation of any articles nor be answerable for any loss or injury thereto which may happen during the life of my said sister IN WITNESS whereof I have to this my will contained in five sheets of brief paper set my hand at the bottom of each sheet hereof this tenth day of March one thousand nine hundred and five. JANE HUTCHINGS PROCTER.
Signed by the said Jane Hutchings 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 being present at the same time have hereto subscribed our names as
witnesses James Henning vicar of Cockington Torquay
Mary Creer "Treace" Torquay (Widow)
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the Margin next to this will the following
Fiat April 6/23
Horwood C. J.
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