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 11 pages 485 to 488 probate year 1920
Will of Sir William MacGregor|
In re: SIR WILLIAM MACGREGOR DECEASED.
Registrar of Deeds, &c. Books of Council and Session. At Edinburg the twenty third day of July one thousand nine hundred and nineteen 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 the Right Honorable Sir William MacGregor P.C.G.C.M.G.C.B. of Chapel-on-Leader in the Counties of Roxburgh and Berwick in Scotland and presently residing at 34 Hans Road London S.W. in order to settle the succession to my means and estate after my death do hereby give grant assign and dispose devise legate and bequeath to and in favor of the Honorable William Francis Forbes Semphill, master of Semphill, Colonel R.A.F. presently residing at twelve Gardnor mansions London N. and Donald Gordon Stalker, Solicitor, Galashiels, Scotland, and to such other person or persons as I may hereafter appoint or as may be assumed to act in the Trust hereby created and the acceptors or acceptor and survivors or survivor of them [the major number of them accepting and acting and resident in Great Britain for the time being a quorom as Trustees for the ends uses and purposes hereinafter mentioned and to their assignees all and sundry the whole means and estate heritable and movable real and personal of what kind or denomination or wheresoever situated presently belonging or which may belong to me or over which I may have the power of disposal at the time of my death -- And I appoint the said Trustees to be my sole executors - But declaring that these presents are granted in Trust only and for the purposes following videlicet
[First] For payment of all my just and lawful debts deathbed and funeral expenses and the expenses of executing this Trust, and including all Government Duties payable in respect of my death and all other charges against my estate.- declaring that I desire that my remains shall be cremated and the ashes interred with the remains of my parents in the Cemetery of Towie, Aberdeenshire
[Second] I direct my trustees to pay or make over at the first term of Whitsunday or martinmas which shall happen six months after my death, free of legacy duty, but without interest
[A] To my dear wife Dame Mary MacGregor the sum of three hundred pounds sterling which sum shall include the expense of providing mournings for herself and my household:
[B] To the eldest son of Colonel Harry des Voeux the gold watch and pen holder which belonged to my dear friend Sir William des Voeux and was presented to me by Lady des Voeux: it has been a great pleasure to me to possess these articles and I hope they will be as greatly prized by my legatee as they have been by myself:
[C] To the University of Aberdeen the Ethnological and Orinthological Collections at Chapel-on-Leader - to be placed in the museum of said University along with the collection which I have already lent to said University but subject to the condition that my said wife shall be entitled to retain therefrom as her own property any special articles she may desire to have before the same are handed over to said University and also under the condition that the ornithological collections should be properly mounted and preserved by the authorities of said University.
[D] To the University of Queensland as a memento of the first Chancellor of that school - my connection with which was one of the joys of my life - my Banner now suspended in the Chapel of Saint Michael and Saint George in Saint Pauls Cathedral London and also the Pen and Inkstand used by me when I dedicated Government House, Brisbane, to the University of Queensland:
[E] To each of the following friends who may survive me some small memento - to be selected by my Trustees and my said wife unless I shall specially indicate same by any note or writing under my hand however informal -videlicet :-
The Right Honorable Sir Samuel W. Griffith P.C.K.C.M.G.L.L.D.:
The Honorable Sir Charles K. MacKeller K.C.M.G.M.L.C.
Professor John Marnock C.V.O.
and Henry Fenwick Reeve Esquire C.M.G.
[F] To my son James Rob MacGregor and to my daughter Mrs. Helen Hahn such sum as represents the amount of legatetim which they each can claim in terms of the Law of movable Estate in Scotland but under deduction of all sums which I have already paid to them or on their account respectively and which are properly deductible from shares of legatetim - Further my said Trustees shall in addition to the legacies above mentioned pay or make over such other legacy or legacies as I may leave by any writing under my hand formal or informal and whether written on these presents or apart - if clearly expressive of my wishes as to which my Trustees shall be the sole judges
[Third] I direct my Trustees in the event of my said wife Dame Mary MacGregor surviving me, to give her so long as she remains my widow and does not remarry the liferent use and enjoyment of my estate of Chapel-on-Leader, including the mansion house offices and grounds, together with the whole household furniture and plenishing therein at my decease including books pictures linen china plate plated articles wines and provisions horses, carriages & cars, my collection of coins, all my Decorations and Commissions and generally everything useful and ornamental belonging to me which may be in or about my house at the time of my decease and also all other articles of a personal character belonging to me: Declaring that the said life-rent shall be under burden of payment of all rates taxes feuduties (?) stipend fire insurance and all other charges properly payable out of income including management and the expense of all repairs necessary to keep the said estate and buildings fences and plantations thereon in proper order and repair as to which my said Trustees shall be the sole judges:
[Fourth] On the death or remarriage of my said wife I direct my said Trustees in the event of my granddaughter Honor Cecelia Paget only child of my late daughter Dame Alpina Viti Paget having reached the age of twenty five years to dispose and make over to her as her own absolute property my said estate of Chapel-on-Leader with the mansion and grounds furniture and other contents and effects as above specified: And in the event of my said granddaughter not having attained said age my said Trustees shall hold the said estate of Chapel on Leader and others above specified for her liferent use and enjoyment until she attain said age when my Trustees shall dispose and make over to her as above provided - Further declaring that in the event of my said granddaughter failing to attain said age of twenty five years but leaving lawful issue then my Trustees shall hold said estate of Chapel on Leader for behoof of such issue in fee And further providing that in the event of my said granddaughter predeceasing my said wife or of her surviving my said wife but not attaining said age or leaving lawful issue my Trustees shall dispose and make over my said estate of Chapel on Leader furniture and others as above specified to my daughter Mary MacGregor in fee.
[Fifth] With regard to the residue and remainder of my means and estate I direct my Trustees to pay to my said wife should she survive me: So long as she survives me and does not remarry the whole income and produce thereof for her liferent use allenarly (?) and on her death or remarriage my said Trustees shall divide said residue into two equal parts or shares - and with regard to one part or share thereof shall pay over the same to my said daughter Mary MacGregor as her own absolute property [declaring with regard to any provisions herein in favor of my said daughter Mary that in the event of her predecease lawful issue shall come in place of and take the share to which their parent would have been entitled to had she survived - and that whether such provision should consist of the estate of Chapel or a share of residue]: And as regards the other part or share of my residue my Trustees shall hold or pay over the same to my said granddaughter Honor Cecelia Paget or her issue in the same manner and under the same conditions as herein before provided in her favor with regard to my estate of Chapel on Leader Further in the event of my said daughter Mary predeceasing my said wife without leaving lawful issue the share of residue destined to her shall be paid to my said granddaughter at the term and on the conditions provided with regard to the other share of residue destined to my said granddaughter: And in the event of my said granddaughter predeceasing my said wife, or of her surviving my said wife but dying without leaving lawful issue before reaching the age of twenty-five years, the share of residue destined to her shall be paid over to my said daughter Mary as her own absolute property. And I declare that the provisions herein contained in favor of my wife and children are in full satisfaction of all legal rights of terce jusrelictae legitim or bairns part of gear which could be claimed by them in consequence of my decease - And I give to my said Trustees the following powers over and above the powers conferred by Statute on gratuitous Trustees videlicet Power to sell my means and estate heritable or real, movable or personal or any part thereof and that either by public roup (?) or private bargain in their sole discretion and with power to any Trustee or Beneficiary under my will to be a purchaser: And particularly I empower my said Trustees to sell my said estate of Chapel-on-Leader [but only with the consent of my said wife so long as she is in the enjoyment of the liferent thereof] and invest the proceeds: Power to leave my estate in any investments or securities in which it may be invested at the time of my death or to realize same at such time and in such manner as they think fit And I declare that my Trustees shall not be liable for any loss arising from any investments in which they may so leave the estate And I empower my Trustees to appoint Factors and Law Agents either one of their own number or any other fit person and to allow them the usual professional remuneration: nor shall my Trustees be liable for such Factors or Law Agents beyond that they were habit and repute responsible when appointed And I declare that my domicile is in Scotland and that this will shall be sonstrued (?) and the rights of all beneficiaries therein shall be determined according to the Law of Scotland: And I appoint my Trustees to be Tutors and Curators to my said granddaughter or any other beneficiary under this will during pupillarity or minority: And I revoke all wills or Testamentary Writings of every kind made by me at any time heretofore: And I reserve my own life rent and I dispense with delivery hereof -
In Witness Whereof I have subscribed these presents written on this and the three preceding pages, along with the marginal additions on Pages first and second hereof, by the said Donald Gordon Stalker at London on the twelfth day of October nineteen hundred and nineteen before these witnesses Amy Paish, trained nurse. Eighty-nine Lambeth Palace Road London S.E. and Catherine Sarah Miles housemaid at Thirty-four Hans Road London S.W.
[Signed] Wm. MacGregor
Signed by the said Sir William MacGregor as and for his last will in the presence of us who at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses -
[Signed] Amy Paish Trained Nurse 89 Lambeth Palace Road London S.E. Witness
Catherine Sarah Miles housemaid 34 Hans Road S.W. Witness.
Extracted from the Register of Deeds &c, in the Books of Council, and Session on this and the Seven preceding pages by me Assistant Keeper of said Register. Robert D. Gray.
Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat Aug 3/20
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