NL GENWEB

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 vol 11 pages 190 to 198 probate year 1918

Will of William C. Van Horne

In re: SIR WILLIAM C. VAN HORNE DECEASED.

On this day the twenty sixth of January in the year of our Lord one thousand nine hundred and fifteen Before Me, Edward W. H. Phillips, and my colleague, Theodore Doucet, both Notaries Public for the Province of Québec, in the Dominion of Canada, practicing in the City of Montreal, in said Province personally came and appeared, Sir William C. Van Horne of the said City of Montreal, Knight Commander of St. Michael and St. George. Who being desirous of making his last will and testamentions known, hath made and dictated his present Last Will and Testament unto us, the said Notaries, in manner and form following, to wit, -

First. I direct that my just debts and funeral expenses be paid by my Executors to whose discretion I leave it to fix and determine the manner and expense of my funeral.

Secondly. Upon condition that my wife Doris Lucy Adeline Hurd shall within six months after my decease, relinquish, renounce and abandon the forms of my estate, all rights of dower, community rights and other rights whatsoever, if any, arising out of our marriage which took place in the State of Illinois, in the United States of America, or affecting my estate for any other cause or reason whatsoever, I bequeath to her in lieu of all such rights and in addition to the bequest hereinafter made, the use, usufrunct and enjoyment during the term of three years after my decease, should she survive me, of my house and premises number five hundred and thirteen [513] Sherbrook Street West in the City of Montreal, with all the furniture, art collections, books, plate, ornaments, carriages, horses and movable effects [excepting money and securities for moneys] kept or used at or contained in the said house, and I also further will, devise and bequeath to my said wife, subject to and conditional upon her renunciation as aforesaid, a sum of thirty thousand dollars [$30,000] per annum to enable her to maintain the said residence, including household and similar expenses, the same to be paid to her during the said term of three years after my decease, in equal, monthly payments in advance, whereof the first payment will become due ten days after my death, my intention being that she shall receive the first six months of said allowance whether she makes the aforesaid renunciation or not. I should like said house and premises to continue to be used as a family residence [unless the neighborhood should for any reason become undesirable for such purpose] for my wife and children and the survivors of them but this is only a suggestion and not obligatory. If for any reason it is found desirable to sell said house and premises during the said period of three years my Executors may sell the same provided my wife consents, and said annual allowance of Thirty Thousand Dollars [$30,000] shall continue in her favour till the end of said three years. If during said period of three years said house is destroyed by fire it shall not be necessary to rebuild it but said annual allowance of Thirty thousand dollars [$30,000] shall continue in favour of my said wife till the end of said three years.

Thirdly. The said bequests in favour of my said wife shall be free of legacy duty, which shall be paid out of the capital of my estate. My wife shall not be called upon to make any inventory or give security, for her administration of the said property during the time of her occupation or usufrunct thereof, and the taxes and premiums of insurance on the said residence and other assets subject to such usufrunct shall be paid out of my estate monthly. At the expiration of said term of three years from my death and after providing for the foregoing bequests in favour of my said beloved wife, I direct that the sum of Two hundred thousand dollars [$200,000] shall be set aside and placed in the hands of the Royal Trust Company, a body corporate having its head office in the said City of Montreal, to be held by them in Trust, for my beloved grandson William Cornelius Cogcuhorew(?) Van Horne, the said sums to be invested by the said Royal Trust Company in such interest-bearing securities as they may deem advisable, without being limited to Trustees investments and the reserve therefrom to be used by the said Company as far as need be, for the education and support of my said grandson, till he reaches the age of twenty one years, and any surplus reserve shall be added to the principal and reinvested in interest-bearing securities as aforesaid and the capital amount together with all accumulations of reserve thereon shall be paid over to my said grandson when he reaches the age of twenty one years to be held by him in full ownership, but if he should die before reaching such age, the same shall be paid to his estate and succession. During the interval between my death and the expiration of said term of ("of said term of" is repeated twice, I presume in error) three years from my death, my Executors shall expend a sum not exceeding three thousand dollars [$3000] per annum for the support and education of my said grandson.

(There was no "Fourthly")

Fifthly, I hereby ratify and confirm the conveyance to my daughter Adeline Van Horne, of my house and all my real estate on Ministers Island, near St. Andrews in the Province of New Brunswick, such conveyance having been made of deed, and I hereby bequeath to her all the furniture, art collections, animals and moveable effects contained in or about the same or appertaining thereto, and if there should be any informality or defect in connection with the said deed I freely bequeath said property to my said daughter.

Sixthly. I give, devise and bequeath all the rest, residue and remainder of my estate and property, real and personal, movable and immoveable of every nature and kind whatsoever and wheresoever the same may be situated, of which I may die possessed, or to which at the time of my decease I may be entitled onto my said beloved wife Doris Lucy Adeline Hurd, for one-third or four twelfths [4/12] on condition that she, my said wife, within six months after my decease, makes the relinquishment, renunciation and abandonment in favour of my estate hereuntofor mentioned, to my son Richard Benedict Van Horne, [or his issue representing his par sonche] for five twelfths [5/12], and to my daughter Adeline Van Horne [or her issue representing her par sonche] for three twelfths [3/12] hereby constituting my said wife, my said son and my said daughter, my Universal Residuary Legatees and (????)des in full ownership, from the time of my death, excepting that one-third [1/3] of each of the shares of my said son and daughter shall be held in trust as hereinafter mentioned. If my said wife shall predecease me her share shall accrue to my other Residuary Legatees in the proportions aforesaid, and if either of my children should predecease me without issue his or her share shall accrue to my other child or his or her issue or representation.

Seventhly. Whereas my said son made certain settlements amounting to Fifty thousand dollars [$50,000] and one hundred thousand dollars [$100,000] respectively, for the benefit of his wife and children as set forth in his Marriage Contract with his said wife Dame Edith Wilson and the Deed of Donation in Trust (?????)hien in her (?)formet, both documents passed before H.M. Marler, Notary, on the twelfth day of June nineteen hundred and six,- now therefore if my said son before the expiration of said term of three years from the time of my death, has not invested or paid in the said sums of Fifty thousand dollars [$50,000] and one hundred thousand dollars [$100,000] respectively in accordance with the said Contracts of Marriage and Donation in Trust. I direct my Executors to see that such investments and payments are duly made and they shall deduct and set apart from my said son's share in my estate and sums either in cash or securities as they may deem necessary for that purpose.

Eighthly the foregoing bequests in favour of my said wife are given to her in consideration and on condition of the aforesaid renunciation, relinquishment and abandonment by my said wife of all her said rights, within said period of six months, and in lieu of such rights, and in the event of my said wife preferring to insist upon her said dower and [or] other matrimonial or other rights or any of them, and not receiving as aforesaid, then and in that event all the said bequests heretofore made to her shall become null and void and of no affect, and my property which will have devolved to her thereunder [except the aforesaid allowance for six months] shall in that event, fall into the residue of my estate and become the property, of my son and daughter [or their respective issue representing them par sonches] in the preportions aforesaid.

Ninthly. As to the aforesaid one third [1/3] each of the shares of my son and daughter I to hereby direct that one-third [1/3] each of the shares of my said son and daughter respectively in said residue of my estate shall be held in Trust of said Royal Trust Company who shall pay over the residue receive therefrom to my said son and daughter respectively during their lives and at their deaths the capital whereof shall be delivered over to their respective Estates and Successions whether testamentary or abintestate.

Tenthly. My will and desire is that my Estate should not be divided between my residuary Legatees entitled thereto until the expiration of three years from the date of my decease and at the end of the said three years from the date of my decease, my estate shall be divided between my Residuary Legatees in the proportions hereinbefore provided.

Eleventhly. With respect to the unmovable property, art collections and furniture, or other property which may not be divisible equally or which my Executors or a majority of them may deem it inexpedient or inadvisable for any reason, to sell or dispose of, my said Executors or the Majority of them, may postpone from time to time the division thereof, but not beyond a further period than that of Five years from the expiration of the said first period of three years from the date of my decease. Any revenue from said property so remaining undivided shall in the meantime be paid to my Residuary Legatees in proportion to their shares in the residue of my estate.

Twelfthly. During the said period of three years from my decease the net income and revenues from said residue of my estate shall be divided between and paid to my said Residuary Legatees, in proportion to their shares in the residue of my estate as aforesaid, my wife's share of such revenue being in addition to her usufrunct and annual allowance of Thirty thousand dollars [$30,000] aforesaid.

Thirteenthly. I direct that the share which may de(?)lio upon my said daughter in virtue of this my Last Will shall be held by her free from the marital control of any husband whom she may marry, and as fully and unrestrictedly as if she had remained a single woman, and the same shall be paid to her on her own separate receipt without the consent or authorization of any husband whom she may marry being necessary to render such receipt valid.

Fourteenthly. And inasmuch as the bequests made in this my Last Will and Testament are made and intended as and for the maintenance and support of my said son and daughter, I hereby exempt the same, and every part thereof, both as regards Capitol and revenue, from seizure or attachment for the obligations or debts of my said son or daughter, or of any husband whom my said daughter may marry, but this provision shall not apply in the case of special hypothecation or pledge of any property forming part of the two-thirds each of the shares of my son and daughter which they are to receive in full ownership, and as regards the revenue from the one third each of my said children's shares so to be held for them in Trust; they shall not have the right to transfer, anticipate or affect the same in any way and any attempt so to do shall be null and void.

Fifteenthly. In the event of the marriage of my said daughter during the three years succeeding my decease, I hereby authorize my said Executors to advance to my said daughter in or previous to her marriage, such sums as they shall consider sufficient to establish my said daughter, regards being had to her situation in life, which said amount shall be charged to her share of my estate.

Sixteenthly. I direct that all succession duty on bequests contained in this my will shall be paid out of the Capital of the residue of my Estate.

Seventeenthly. In order to execute my present last Will and Testament I hereby nominate and appoint my said wife, my said son and my said daughter, and said Royal Trust Company, and the survivors or survivor of them to be the Executors hereof, hereby extending their power and authority as such beyond the year and day limited by law, till the first accomplishment of this my will.

Eighteenthly . I hereby give my said Executors full power to borrow money and to oblige my estate for such obligations as they may see it, and to compromise and accept part in satisfaction of the whole of any claims by my estate and to settle any claims upon or against my estate in such manner as they may consider most advisable, and to hypothecate, sell and otherwise alleviate and dispose of any and all property of my estate both movable and immoveable in such manner as they may see fit.

Nineteenthly. I hereby give my said Executors full power to retain any investments I may have at my death and to invest and reinvest the moneys of my estate in such securities as they may think safe without being limited to the investments permitted to trustees by law.

Twentiethly. In making any division of my estate, my said trustees are authorized to compose the shares, fix the values whenever necessary of all assets composing the same, and to do all acts necessary or expedient to carry out such division in their own discretion, without its being necessary under any circumstance to have judicial proceedings in regard thereto even though some of the beneficiaries may be minors or otherwise inculpable.

Twenty First. The said Royal Trust Company shall be the Managing Executor, and as such will have the power to receive all dividends, fruits and revenues, and to grant discharge therefore, to lease lands and houses and receive the rents, and to perform all acts of administration. It shall keep the books and render accounts when required by the Co Executors. It shall be paid a reasonable remuneration for all services it may perform as such Executor.

Twenty Secondly. The Executors shall have the power to determine what receipts and disbursements shall be on account of capital or revenue or of both, and in what proportions, and all other questions and matters of doubt which may arise in the course of their administration, and their decisions, whether expressed in writing or implied from their acts and proceedings shall be binding and conclusive upon all beneficiaries.

Twenty Thirdly. My said Executors shall not be obliged to give security of any kind for the administration of my Estate wherever situate, notwithstanding any law or customs to the contrary

Twenty Fourthly My said Executors shall not be obliged to make any more formal or detailed inventory of my Estate then they may consider necessary or expedient
(In the margin next to item numbers 23 and 24 are written 24th and 23rd. I presume that the clerk wrote 24 prior to 23, realized the error, and wrote the correct numbers in the margin)

Twenty Fifthly. I give the majority of my said Executors the power to act in all cases and they may delegate their power generally to each other.

Twenty Sixthly. In the case of any vacancy or vacancies occuring my said Executors, the remaining Executors or Executor shall carry on the execution of this my Will, but they may, if they see fit, appoint another Executor or Executors to fill such vacancy or vacancies with the same powers as if appointed herein. If any one or more of my Executors should wish to resign, they may do so without judicial authorization.

Twenty Seventhly. The powers herein given to any Executor shall also apply to said Royal Trust Company in its Capacity of Trustee of the trusts hereinbefore mentioned.

Twenty Eighthly. It shall not be necessary to appoint a curator to any substitution or alleged substitution under this my will.

Twenty Ninthly. The costs of any inventory and putting my Executors in possession of my estate as well as the costs of the protection thereof shall be paid out of the Capital of my Estate.

Thirtiethly. I hereby revoke and cancel all Testamentary dispositions by me heretofore made. Thus done and executed at the said City of Montreal at the place of residence of said Testator, at or about the hour of half past six of the clock in the afternoon, on the day and date first aforesaid, and remaining of record in the office of me, the said Edward W. H. Phillips, under the number seven thousand six hundred and four of my Notorial Records, and signed by the said Testator with and in the presence of us, the said Notaries, who have signed in the presence of the said Testator and of each other after these presents had been first duly read to the said Testator by me, the said Edward W. H. Phillips, in the presence of the other Notary, the whole according to law. Signed W. C. Van Horne, Signed Theo Doucet N.P. Signed E.W.H. Phillips N.P. A true copy of the original hereof which remains of record in my office. Signed E.W.H. Phillips N.P.

Correct Charles H. Emerson
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat Oct 18/18 Kent J. Re-sealed Oct 23/18 $1280.00

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